2020 Hurricane Season FAQ: Federal Disaster Assistance for Hurricanes During the COVID-19 Pandemic

Changes from June 1, 2020 to July 24, 2020

This page shows textual changes in the document between the two versions indicated in the dates above. Textual matter removed in the later version is indicated with ~~red strikethrough~~ and textual matter added in the later version is indicated with blue.

2020 Hurricane Season FAQ: ~~Federal Disaster~~
~~June 1~~ July 24, 2020 , 2020
Federal Disaster Assistance for Hurricanes ~~During the COVID-19~~ Elizabeth M. Webster,
During the COVID-19 Pandemic
Coordinator
Analyst in Emergency Analyst in Emergency
The Atlantic hurricane season runs from June 1 through November 30, and the peak months are The Atlantic hurricane season runs from June 1 through November 30, and the peak months are
Management and Disaster Management and Disaster
mid-August through late October. The central Pacific hurricane season runs from June 1 through mid-August through late October. The central Pacific hurricane season runs from June 1 through
Recovery Recovery
November 30, with the peak months being July through October. The eastern Pacific hurricane November 30, with the peak months being July through October. The eastern Pacific hurricane

season runs from May 15 through November 30, with July through September being the peak. season runs from May 15 through November 30, with July through September being the peak.
Diane P. Horn
Although in the central and eastern Pacific, near- or below-normal season are most likely, in the Although in the central and eastern Pacific, near- or below-normal season are most likely, in the
Analyst in Flood Insurance Analyst in Flood Insurance
Atlantic, an “above-normal” hurricane season is predicted for 2020. Regardless of the forecast, Atlantic, an “above-normal” hurricane season is predicted for 2020. Regardless of the forecast,
and Emergency and Emergency
one hurricane or tropical storm can cause a disaster. one hurricane or tropical storm can cause a disaster.
Management Management

The nation is also responding to the coronavirus disease 2019 (COVID-19) pandemic. On March The nation is also responding to the coronavirus disease 2019 (COVID-19) pandemic. On March
Erica A. Lee
13, 2020, President Donald J. Trump declared a national emergency under Section 501(b) of the 13, 2020, President Donald J. Trump declared a national emergency under Section 501(b) of the
Analyst in Emergency Analyst in Emergency
Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act; 42 U.S.C. Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act; 42 U.S.C. §§
Management and Disaster Management and Disaster
§§5121 et seq.) in response to the pandemic. The declaration authorized assistance to all U.S. 5121 et seq.) in response to the pandemic. The declaration authorized assistance to all U.S. ~~states,~~
Recovery Recovery
states, territories, tribes, and the District of Columbia. Subsequently, the President approved territories, tribes, and the District of Columbia. Subsequently, the President approved ~~major~~

major disaster declaration requests under the Stafford Act for all 50 states, the District of Columbia, disaster declaration requests under the Stafford Act for all 50 states, the District of Columbia,
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of ~~the~~
Bruce R. Lindsay
the Northern Mariana Islands (authorized under Stafford Act Section 401). Northern Mariana Islands (authorized under Stafford Act Section 401).
Analyst in American Analyst in American
National Government National Government

Every year, the Federal Emergency Management Agency (FEMA) and the National Oceanic and Every year, the Federal Emergency Management Agency (FEMA) and the National Oceanic and
Atmospheric Administration (NOAA) emphasize the need for preparedness going into hurricane Atmospheric Administration (NOAA) emphasize the need for preparedness going into hurricane
William L. Painter
season. In 2020, complicating the preparedness efforts of individuals, businesses, and the season. In 2020, complicating the preparedness efforts of individuals, businesses, and the
Specialist in Homeland Specialist in Homeland
government is the COVID-19 pandemic. The ongoing response to the pandemic may challenge government is the COVID-19 pandemic. The ongoing response to the pandemic may challenge
Security and Security and
hurricane recovery efforts across all levels of the government, as well as by nonprofit and private hurricane recovery efforts across all levels of the government, as well as by nonprofit and private
Appropriations Appropriations
organizations, businesses, and individuals. organizations, businesses, and individuals.

Natalie Keegan
Congress has a role in supporting disaster response and recovery efforts. Understanding the Congress has a role in supporting disaster response and recovery efforts. Understanding the
Analyst in American Analyst in American
potential challenges that emergency managers at all levels of government may face in attempting potential challenges that emergency managers at all levels of government may face in attempting
Federalism and Emergency Federalism and Emergency
to deal with hurricanes during a pandemic, and understanding the support that affected to deal with hurricanes during a pandemic, and understanding the support that affected
Management Policy Management Policy
communities may need, provides a foundation to aid Congress in performing its funding, communities may need, provides a foundation to aid Congress in performing its funding,

oversight, and constituent responsibilities. oversight, and constituent responsibilities.

This report provides answers to frequently asked questions (FAQs) regarding This report provides answers to frequently asked questions (FAQs) regarding:
 emergency and major disaster declarations under the Robert T. Stafford Disaster Relief and Emergency  emergency and major disaster declarations under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (Stafford Act; 42 U.S.C. §§5121 et seq.), including legal authorities and information related Assistance Act (Stafford Act; 42 U.S.C. §§5121 et seq.), including legal authorities and information related
to the declaration request process; to the declaration request process;
 types of assistance that may be available to state, territorial, and tribal governments, private nonprofit  types of assistance that may be available to state, territorial, and tribal governments, private nonprofit
organizations, private entities, and individuals and households pursuant to a Stafford Act emergency or organizations, private entities, and individuals and households pursuant to a Stafford Act emergency or
major disaster declaration; major disaster declaration;
 considerations related to concurrently responding to a hurricane during the COVID-19 pandemic;  considerations related to concurrently responding to a hurricane during the COVID-19 pandemic;
 the Disaster Relief Fund (DRF), the source of funding for the Stafford Act emergency and major disaster  the Disaster Relief Fund (DRF), the source of funding for the Stafford Act emergency and major disaster
declarations; declarations;
 other federal assistance that may be available through the Small Business Administration (SBA); and  other federal assistance that may be available through the Small Business Administration (SBA); and
 additional references.  additional references.

The scope of this report is limited to assistance authorized under the Stafford Act. This report does not address other forms of The scope of this report is limited to assistance authorized under the Stafford Act. This report does not address other forms of
federal assistance that may support response to and recovery from a hurricane. federal assistance that may support response to and recovery from a hurricane.
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Contacts
Author Information ........................................................................................................................ 34

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2020 Hurricane Season FAQ

Introduction
Hurricane season in the Atlantic runs from June 1 through November 30.1 The peak months are Hurricane season in the Atlantic runs from June 1 through November 30.1 The peak months are
from mid-August through late October.2 Additionally, the central Pacific hurricane season runs from mid-August through late October.2 Additionally, the central Pacific hurricane season runs
from June 1 through November 30,3 with peak months being July through October;4 and the from June 1 through November 30,3 with peak months being July through October;4 and the
eastern Pacific hurricane season runs from May 15 through November 30, peaking July through eastern Pacific hurricane season runs from May 15 through November 30, peaking July through
September.5 In the Atlantic, an “above-normal” hurricane season is predicted for 2020.6 The September.5 In the Atlantic, an “above-normal” hurricane season is predicted for 2020.6 The
Atlantic outlook is to be updated in early August ahead of the peak months of the season.7 For the Atlantic outlook is to be updated in early August ahead of the peak months of the season.7 For the
eastern and central Pacific, however, NOAA’s outlooks indicate that near- or below-normal eastern and central Pacific, however, NOAA’s outlooks indicate that near- or below-normal
seasons are most likely.8 Regardless of the forecast, “It only takes one hurricane (or tropical seasons are most likely.8 Regardless of the forecast, “It only takes one hurricane (or tropical
storm) to cause a disaster.”9 storm) to cause a disaster.”9
The nation is also responding to the coronavirus disease 2019 (COVID-19) pandemic. On March The nation is also responding to the coronavirus disease 2019 (COVID-19) pandemic. On March
13, 2020, President Donald J. Trump declared a national emergency under Section 501(b) of the 13, 2020, President Donald J. Trump declared a national emergency under Section 501(b) of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) in response to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) in response to the
pandemic.10 The declaration authorized assistance to all U.S. states, territories, tribes, and the pandemic.10 The declaration authorized assistance to all U.S. states, territories, tribes, and the
District of Columbia. Subsequently, the President approved major disaster declaration requests District of Columbia. Subsequently, the President approved major disaster declaration requests
under the Stafford Act for all 50 states, the District of Columbia, Puerto Rico, the Virgin Islands, under the Stafford Act for all 50 states, the District of Columbia, Puerto Rico, the Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands (authorized Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands (authorized
under Stafford Act Section 401).11 under Stafford Act Section 401).11
Every year, the Federal Emergency Management Agency (FEMA) and the National Oceanic and Every year, the Federal Emergency Management Agency (FEMA) and the National Oceanic and
Atmospheric Administration (NOAA) emphasize the need for preparedness going into hurricane Atmospheric Administration (NOAA) emphasize the need for preparedness going into hurricane
season because “it only takes one.”12 In 2020, however, complicating the preparedness efforts of season because “it only takes one.”12 In 2020, however, complicating the preparedness efforts of
individuals, businesses, and the government is the pandemic. The ongoing COVID-19 pandemic individuals, businesses, and the government is the pandemic. The ongoing COVID-19 pandemic

1 National Oceanic and Atmospheric Administration (NOAA), “Busy Atlantic Hurricane Season Predicted for 2020: 1 National Oceanic and Atmospheric Administration (NOAA), “Busy Atlantic Hurricane Season Predicted for 2020:
Multiple Climate Factors Indicate Above-Normal Activity is Most Likely,” May 21, 2020, https://www.noaa.gov/Multiple Climate Factors Indicate Above-Normal Activity is Most Likely,” May 21, 2020, https://www.noaa.gov/
media-release/busy-atlantic-hurricane-season-predicted-for-2020 (hereinafter NOAA, “Busy Atlantic Hurricane Season media-release/busy-atlantic-hurricane-season-predicted-for-2020 (hereinafter NOAA, “Busy Atlantic Hurricane Season
Predicted for 2020”). See also NOAA, “NOAA 2020 Atlantic Hurricane Season Outlook,” May 21, 2020, Predicted for 2020”). See also NOAA, “NOAA 2020 Atlantic Hurricane Season Outlook,” May 21, 2020,
https://www.cpc.ncep.noaa.gov/products/outlooks/hurricane.shtml (hereinafter NOAA, “2020 Atlantic Outlook”). https://www.cpc.ncep.noaa.gov/products/outlooks/hurricane.shtml (hereinafter NOAA, “2020 Atlantic Outlook”).
2 NOAA, National Hurricane Center and Central Pacific Hurricane Center, “Tropical Cyclone Climatology,” last 2 NOAA, National Hurricane Center and Central Pacific Hurricane Center, “Tropical Cyclone Climatology,” last
accessed May 26, 2020, https://www.nhc.noaa.gov/climo/ (hereinafter NOAA, “Tropical Cyclone Climatology”). accessed May 26, 2020, https://www.nhc.noaa.gov/climo/ (hereinafter NOAA, “Tropical Cyclone Climatology”).
3 NOAA, “Near- or Below-Normal 2020 Hurricane Season Predicted for Central Pacific,” May 20, 2020, 3 NOAA, “Near- or Below-Normal 2020 Hurricane Season Predicted for Central Pacific,” May 20, 2020,
https://www.noaa.gov/media-release/near-or-below-normal-2020-hurricane-season-predicted-for-central-pacific https://www.noaa.gov/media-release/near-or-below-normal-2020-hurricane-season-predicted-for-central-pacific
(hereinafter NOAA, “Near- or Below-Normal 2020 Hurricane Season Predicted for Central Pacific”). (hereinafter NOAA, “Near- or Below-Normal 2020 Hurricane Season Predicted for Central Pacific”).
4 See the “Central Pacific Tropical Cyclones by Month: 1971-2013” table that depicts increased numbers of tropical 4 See the “Central Pacific Tropical Cyclones by Month: 1971-2013” table that depicts increased numbers of tropical
cyclones in July, August, September, and October. NOAA, “Tropical Cyclone Climatology.” cyclones in July, August, September, and October. NOAA, “Tropical Cyclone Climatology.”
5 NOAA, “NOAA 2020 Eastern Pacific Hurricane Season Outlook,” May 21, 2020, https://www.cpc.ncep.noaa.gov/5 NOAA, “NOAA 2020 Eastern Pacific Hurricane Season Outlook,” May 21, 2020, https://www.cpc.ncep.noaa.gov/
products/Epac_hurr/. products/Epac_hurr/.
6 NOAA, “Busy Atlantic Hurricane Season Predicted for 2020.” 6 NOAA, “Busy Atlantic Hurricane Season Predicted for 2020.”
7 NOAA, “2020 Atlantic Outlook.” 7 NOAA, “2020 Atlantic Outlook.”
8 NOAA, “NOAA’s 2020 Hurricane Season Outlooks,” last accessed May 26, 2020, https://www.cpc.ncep.noaa.gov/8 NOAA, “NOAA’s 2020 Hurricane Season Outlooks,” last accessed May 26, 2020, https://www.cpc.ncep.noaa.gov/
products/Epac_hurr/Slide1.JPG; and NOAA, “Near- or below-normal 2020 hurricane season predicted for Central products/Epac_hurr/Slide1.JPG; and NOAA, “Near- or below-normal 2020 hurricane season predicted for Central
Pacific.” Pacific.”
9 NOAA, “2020 Atlantic Outlook.” 9 NOAA, “2020 Atlantic Outlook.”
10 Letter from Donald J. Trump, President of the United States, to Acting Secretary Wolf, Secretary Mnuchin, Secretary 10 Letter from Donald J. Trump, President of the United States, to Acting Secretary Wolf, Secretary Mnuchin, Secretary
Azar, and Administrator Gaynor, March 13, 2020, https://www.whitehouse.gov/wp-content/uploads/2020/03/Azar, and Administrator Gaynor, March 13, 2020, https://www.whitehouse.gov/wp-content/uploads/2020/03/
LetterFromThePresident.pdf. The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) may LetterFromThePresident.pdf. The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) may
be found at 42 U.S.C. §§5121 et seq. be found at 42 U.S.C. §§5121 et seq.
11 The presidential declarations of major disaster for novel coronavirus 2019 (COVID-19) are listed on the FEMA 11 The presidential declarations of major disaster for novel coronavirus 2019 (COVID-19) are listed on the FEMA
“COVID-19 Disaster Declarations” webpage, available at https://www.fema.gov/coronavirus/disaster-declarations. “COVID-19 Disaster Declarations” webpage, available at https://www.fema.gov/coronavirus/disaster-declarations.
12 NOAA, “2020 Atlantic Outlook.” 12 NOAA, “2020 Atlantic Outlook.”
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response may also challenge efforts to deal with hurricanes across all levels of government, as response may also challenge efforts to deal with hurricanes across all levels of government, as
well as by nonprofit and private organizations, businesses, and individuals. well as by nonprofit and private organizations, businesses, and individuals.
Understanding the potential challenges that emergency managers at all levels of government may Understanding the potential challenges that emergency managers at all levels of government may
face in attempting to manage hurricane response and recovery efforts during a pandemic, and face in attempting to manage hurricane response and recovery efforts during a pandemic, and
understanding the support that affected communities may need, provides a foundation for understanding the support that affected communities may need, provides a foundation for
Congress to perform its funding, oversight, and constituent responsibilities. Congress to perform its funding, oversight, and constituent responsibilities.
This report provides answers to frequently asked questions (FAQs) regarding This report provides answers to frequently asked questions (FAQs) regarding:
 emergency and major disaster declarations under the Robert T. Stafford Disaster  emergency and major disaster declarations under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (Stafford Act; 42 U.S.C. §§5121 et seq.), Relief and Emergency Assistance Act (Stafford Act; 42 U.S.C. §§5121 et seq.),
including legal authorities and information related to the declaration request including legal authorities and information related to the declaration request
process; process;
 types of assistance that may be available to state, territorial, and tribal  types of assistance that may be available to state, territorial, and tribal
governments, private nonprofit organizations, private entities, and individuals governments, private nonprofit organizations, private entities, and individuals
and households pursuant to a Stafford Act emergency or major disaster and households pursuant to a Stafford Act emergency or major disaster
declaration; declaration;
 considerations related to concurrently responding to a hurricane during the  considerations related to concurrently responding to a hurricane during the
COVID-19 pandemic; COVID-19 pandemic;
 the Disaster Relief Fund (DRF), the source of funding for the Stafford Act  the Disaster Relief Fund (DRF), the source of funding for the Stafford Act
emergency and major disaster declarations; emergency and major disaster declarations;
 other federal assistance that may be available through the Small Business  other federal assistance that may be available through the Small Business
Administration (SBA); and Administration (SBA); and
 additional references.  additional references.
The scope of this report is limited to assistance authorized under the Stafford Act. There are, The scope of this report is limited to assistance authorized under the Stafford Act. There are,
however, other types of federal assistance that may support response to and recovery from a however, other types of federal assistance that may support response to and recovery from a
hurricane. This report does not address other forms of assistance. hurricane. This report does not address other forms of assistance.
Stafford Act Emergency and Major Disaster
Declaration Requests
The Stafford Act authorizes the President to issue two types of declarations that could provide The Stafford Act authorizes the President to issue two types of declarations that could provide
federal assistance13 to states and localities in response to a hurricane: (1) an “emergency federal assistance13 to states and localities in response to a hurricane: (1) an “emergency
declaration” (authorized under Stafford Act Section 501),14 and (2) a “major disaster declaration” declaration” (authorized under Stafford Act Section 501),14 and (2) a “major disaster declaration”
(authorized under Stafford Act Section 401).15 (authorized under Stafford Act Section 401).15
The federal government does not automatically provide assistance to local, state, territorial, and The federal government does not automatically provide assistance to local, state, territorial, and
Indian tribal governments when an Indian tribal governments when an incident1616 occurs. Instead, typically, the governor of an occurs. Instead, typically, the governor of an

13 More information on the types of assistance that may be made available pursuant to an emergency or major disaster 13 More information on the types of assistance that may be made available pursuant to an emergency or major disaster
declaration can be found in the declaration can be found in the “Stafford Act Assistance” section, below. For more information on statutory authorities section, below. For more information on statutory authorities
that the executive branch may exercise following a declaration of emergency or major disaster under the Stafford Act, that the executive branch may exercise following a declaration of emergency or major disaster under the Stafford Act,
see CRS Report R46379, see CRS Report R46379, Emergency Authorities Under the National Emergencies Act, Stafford Act, and Public Health
Service Act, coordinated by Jennifer K. Elsea. , coordinated by Jennifer K. Elsea.
14 42 U.S.C. §5191. 14 42 U.S.C. §5191.
15 42 U.S.C. §5170. 15 42 U.S.C. §5170.
16 44 C.F.R. §206.32(e) defines an 16 44 C.F.R. §206.32(e) defines an incident as “[a]ny condition which meets the definition of major disaster or 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 emergency as set forth in §206.2 which causes damage or hardship that may result in a Presidential declaration of a
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2020 Hurricane Season FAQ

affected state or territory, or chief executive of an affected Indian tribal government requests that affected state or territory, or chief executive of an affected Indian tribal government requests that
the President declare an emergency or major disaster authorizing various types of assistance.17 the President declare an emergency or major disaster authorizing various types of assistance.17
This is because federal assistance is intended to supplement—not supplant—local, state, This is because federal assistance is intended to supplement—not supplant—local, state,
territorial, or Indian tribal government response and recovery effortterritorial, or Indian tribal government response and recovery efforts. Figure 1 depicts the depicts the
Stafford Act declaration process. Stafford Act declaration process.
Figure 1. Stafford Act Declaration Process

Source: Developed by CRS based on the Federal Emergency Management Agency’s (FEMA’s) webpage on “The Developed by CRS based on the Federal Emergency Management Agency’s (FEMA’s) webpage on “The
Disaster Declaration Process,” available at https://www.fema.gov/disaster-declaration-process. Disaster Declaration Process,” available at https://www.fema.gov/disaster-declaration-process.
The following questions relate to the Stafford Act declaration request process, including The following questions relate to the Stafford Act declaration request process, including
appealing denial decisions. appealing denial decisions.
Declaration Requests
Can Members of Congress request an emergency or major disaster declaration?
Members of Congress are not able to request an emergency or major disaster declaration. A Members of Congress are not able to request an emergency or major disaster declaration. A
governor of the affected state or territory, or the chief executive of the affected Indian tribal governor of the affected state or territory, or the chief executive of the affected Indian tribal
government must make a request for an emergency or major disaster declaration under the government must make a request for an emergency or major disaster declaration under the
Stafford Act.18 Members of Congress, however, may write a letter of support to the President to Stafford Act.18 Members of Congress, however, may write a letter of support to the President to
accompany the state, territory, or Indian tribal government’s declaration request.19 accompany the state, territory, or Indian tribal government’s declaration request.19

major disaster or an emergency.” major disaster or an emergency.”
17 44 C.F.R. §§206.35, 206.36, and 206.40(a); Federal Emergency Management Agency (FEMA), “The Disaster 17 44 C.F.R. §§206.35, 206.36, and 206.40(a); Federal Emergency Management Agency (FEMA), “The Disaster
Declaration Process,” last updated February 3, 2020, https://www.fema.gov/disaster-declaration-process (hereinafter Declaration Process,” last updated February 3, 2020, https://www.fema.gov/disaster-declaration-process (hereinafter
FEMA, “The Disaster Declaration Process”). For more information about the disaster declaration process, see CRS FEMA, “The Disaster Declaration Process”). For more information about the disaster declaration process, see CRS
Report R43784, Report R43784, FEMA’s Disaster Declaration Process: A Primer, by Bruce R. Lindsay. , by Bruce R. Lindsay.
18 Stafford Act Section 501 applies to emergency declarations (42 U.S.C. §5191(a) and (c)), and Stafford Act Section 18 Stafford Act Section 501 applies to emergency declarations (42 U.S.C. §5191(a) and (c)), and Stafford Act Section
401 applies to major disaster declarations (42 U.S.C. §5170(a) and (b)). 401 applies to major disaster declarations (42 U.S.C. §5170(a) and (b)).
19 See, for example, a recent letter of support for Puerto Rico’s major disaster declaration request following the 19 See, for example, a recent letter of support for Puerto Rico’s major disaster declaration request following the
earthquakes occurring in 2019 and 2020. Letter from Charles E. Schumer, United States Senator, Robert Menendez, earthquakes occurring in 2019 and 2020. Letter from Charles E. Schumer, United States Senator, Robert Menendez,
United States Senator, and Kirsten Gillibrand, United States Senator, et al. to President Donald J. Trump, President of United States Senator, and Kirsten Gillibrand, United States Senator, et al. to President Donald J. Trump, President of
the United States, January 14, 2020, https://www.democrats.senate.gov/imo/media/doc/01142020%20-the United States, January 14, 2020, https://www.democrats.senate.gov/imo/media/doc/01142020%20-
%20President%20-%20LOS%20for%20Puerto%20Rico%20Major%20Disaster%20Dec%20Earthquakes.pdf. %20President%20-%20LOS%20for%20Puerto%20Rico%20Major%20Disaster%20Dec%20Earthquakes.pdf.
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2020 Hurricane Season FAQ

Who approves or denies a governor or chief executive’s request for an
emergency or major disaster declaration?
Though FEMA makes a recommendation to the President,20 the decision to issue or deny a Though FEMA makes a recommendation to the President,20 the decision to issue or deny a
declaration resides solely with the President.21 declaration resides solely with the President.21
How long does it take to receive a major disaster declaration?
The time between when a major disaster declaration is requested and the President’s decision is The time between when a major disaster declaration is requested and the President’s decision is
issued varies based on the amount of damage assessed for the FEMA Public Assistance (PA) and issued varies based on the amount of damage assessed for the FEMA Public Assistance (PA) and
Individual Assistance (IA) programs, as well as the type of event. Most requests for major Individual Assistance (IA) programs, as well as the type of event. Most requests for major
disaster declarations that were neither expedited nor appealed were decided within a month after disaster declarations that were neither expedited nor appealed were decided within a month after
being requested.22 However, requests for incidents with extraordinary damages can be expedited being requested.22 However, requests for incidents with extraordinary damages can be expedited
and a major disaster declaration may be issued in less than a week.23 and a major disaster declaration may be issued in less than a week.23
Can a major disaster be declared before an incident?
A major disaster cannot be declared before an incident occurs; however, an emergency A major disaster cannot be declared before an incident occurs; however, an emergency
declaration can be issued before an incident’s occurrence to save lives, protect property, and declaration can be issued before an incident’s occurrence to save lives, protect property, and
lesson or avert the threat of a major disaster.24 lesson or avert the threat of a major disaster.24
How do state, territorial, and Indian tribal governments request and receive
specific types of FEMA assistance?
A governor or chief executive’s request for a presidential declaration under the Stafford Act A governor or chief executive’s request for a presidential declaration under the Stafford Act
includes requests for specific types of federal assistance (e.g., Public Assistance programs) for includes requests for specific types of federal assistance (e.g., Public Assistance programs) for
specific, affected jurisdictions (e.g., counties within a state).25 FEMA provides template request specific, affected jurisdictions (e.g., counties within a state).25 FEMA provides template request
forms and cover letters that may be used for this purpose.26 The FEMA “Request for Presidential forms and cover letters that may be used for this purpose.26 The FEMA “Request for Presidential
Disaster Declaration Form,” FEMA Form 010-0-13, includes all of the statutory and regulatory Disaster Declaration Form,” FEMA Form 010-0-13, includes all of the statutory and regulatory
requirements for declaration requests. requirements for declaration requests.

20 FEMA uses the specific factors described in regulation at 44 C.F.R. §206.48 to provide a recommendation to the 20 FEMA uses the specific factors described in regulation at 44 C.F.R. §206.48 to provide a recommendation to the
President, and the decision to grant a declaration request is at the President’s discretion, per Stafford Act Sections 401 President, and the decision to grant a declaration request is at the President’s discretion, per Stafford Act Sections 401
and 501 (42 U.S.C. §§5170 and 5191, respectively), and 44 C.F.R. §206.38. and 501 (42 U.S.C. §§5170 and 5191, respectively), and 44 C.F.R. §206.38.
21 42 U.S.C. §§5191 and 5170; and 44 C.F.R. §206.38. 21 42 U.S.C. §§5191 and 5170; and 44 C.F.R. §206.38.
22 CRS analyzed FEMA’s Preliminary Damage Assessment (PDA) Reports, and included this information in Table 7 of 22 CRS analyzed FEMA’s Preliminary Damage Assessment (PDA) Reports, and included this information in Table 7 of
CRS Report R44977, CRS Report R44977, Preliminary Damage Assessments for Major Disasters: Overview, Analysis, and Policy
Observations, by Bruce R. Lindsay. This data is as of May 12, 2017. , by Bruce R. Lindsay. This data is as of May 12, 2017.
23 For example, Puerto Rico’s request for an expedited major disaster declaration due to Hurricane Irma was approved 23 For example, Puerto Rico’s request for an expedited major disaster declaration due to Hurricane Irma was approved
by President Donald J. Trump on September 10, 2017, after being requested by former Governor Ricardo Rosselló by President Donald J. Trump on September 10, 2017, after being requested by former Governor Ricardo Rosselló
Nevares on September 7, 2017. FEMA, “Preliminary Damage Assessment Report, Puerto Rico–Hurricane Irma: Nevares on September 7, 2017. FEMA, “Preliminary Damage Assessment Report, Puerto Rico–Hurricane Irma:
FEMA-4336-DR,” declared September 10, 2017, https://www.fema.gov/media-library-data/1508250461870-FEMA-4336-DR,” declared September 10, 2017, https://www.fema.gov/media-library-data/1508250461870-
573f4fcd778d59352879fbb5ca0c92b4/FEMA4336DRPR(Expedited).pdf. 573f4fcd778d59352879fbb5ca0c92b4/FEMA4336DRPR(Expedited).pdf.
24 FEMA, “The Disaster Declaration Process.” Per FEMA’s website, pre-disaster emergency declarations typically 24 FEMA, “The Disaster Declaration Process.” Per FEMA’s website, pre-disaster emergency declarations typically
authorize Public Assistance Category B—emergency protective measures, limited to direct federal assistance. FEMA authorize Public Assistance Category B—emergency protective measures, limited to direct federal assistance. FEMA
may require damage assessments and/or verified cost estimates if additional types of assistance are requested. may require damage assessments and/or verified cost estimates if additional types of assistance are requested.
25 Procedures for requests for an emergency or major disaster declaration are described in Stafford Act Sections 401 25 Procedures for requests for an emergency or major disaster declaration are described in Stafford Act Sections 401
and 501; 42 U.S.C. §5170(a)-(c); 42 U.S.C. §5191(a)-(c); and 44 C.F.R. §§206.31-48. and 501; 42 U.S.C. §5170(a)-(c); 42 U.S.C. §5191(a)-(c); and 44 C.F.R. §§206.31-48.
26 FEMA’s “Request For Presidential Disaster Declaration Major Or Emergency” website provides the declaration 26 FEMA’s “Request For Presidential Disaster Declaration Major Or Emergency” website provides the declaration
request form (i.e., FEMA Form 010-0-13) and cover letter templates, available at FEMA, “Request For Presidential request form (i.e., FEMA Form 010-0-13) and cover letter templates, available at FEMA, “Request For Presidential
Disaster Declaration Major Or Emergency,” https://www.fema.gov/media-library/assets/documents/28122. Disaster Declaration Major Or Emergency,” https://www.fema.gov/media-library/assets/documents/28122.
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Using the information submitted by the governor or chief executive,27 FEMA evaluates specific Using the information submitted by the governor or chief executive,27 FEMA evaluates specific
factors to determine whether there is a need for supplemental federal assistance (i.e., Public factors to determine whether there is a need for supplemental federal assistance (i.e., Public
Assistance or Individual Assistance).28 These factors are also used by FEMA to determine the Assistance or Individual Assistance).28 These factors are also used by FEMA to determine the
specific types of supplemental federal assistance to authorize (e.g., high rates of disaster-related specific types of supplemental federal assistance to authorize (e.g., high rates of disaster-related
unemployment may indicate a need for a form of Individual Assistance: Disaster Unemployment unemployment may indicate a need for a form of Individual Assistance: Disaster Unemployment
Assistance). Assistance). ~~The FEMA Assistant Administrator for the Disaster Assistance Directorate has been~~
~~delegated the authority to designate types of assistance to be made available.29~~FEMA then provides a recommendation to the President.29 The decision to grant a declaration request is at the President’s discretion.30 The President’s initial notice declaring an emergency or major disaster indicates what assistance has been authorized. After a presidential After a presidential
Stafford Act declaration, the governor or chief executive may request additional types of Stafford Act declaration, the governor or chief executive may request additional types of
assistance.assistance.~~30 FEMA can approve such a request.~~31 It is relatively common to authorize additional 31 It is relatively common to authorize additional
types of assistance subsequent to a types of assistance subsequent to a presidential declaration. FEMA’s regulations state that FEMA has the delegated authority to determine and designate the types of assistance to be made available.32 In practice, however, FEMA has stated that they will seek the President’s approval when authorizing additional forms of assistance.33 ~~presidential declaration.~~
Appeals
Can a denial of a Stafford Act declaration request be appealed?
If a declaration request is denied, the decision can be appealed once. If a declaration request is denied, the decision can be appealed once.3234 Appeals must be made Appeals must be made
within 30 days after the date of the letter denying the request, and the appeal must include any within 30 days after the date of the letter denying the request, and the appeal must include any
additional information that may not have been included in the first request along with the additional information that may not have been included in the first request along with the
justification for reconsideration. The appeal must be submitted to the President through the justification for reconsideration. The appeal must be submitted to the President through the
appropriate FEMA Regional Administrator.appropriate FEMA Regional Administrator.33
~~Can a denial of a type of assistance requested pursuant to a Stafford Act~~
~~declaration be appealed?~~
~~A governor or chief executive may appeal a denial of types of assistance (e.g., Public Assistance)~~
~~or areas requested (e.g., counties within a state).34 The appeal must be submitted in writing within~~
~~30 days of the date of the letter denying the request.35 The request and its justification must be~~
~~submitted to the Assistant Administrator for the Disaster Assistance Directorate through the~~
~~appropriate FEMA Regional Administrator for the FEMA region in which the state, territory, or~~
~~tribe is located.36 Federal regulations allow for one request for reconsideration of a single federal~~35

27 For more detail on the information submitted by the governor or chief executive as part of the declaration request 27 For more detail on the information submitted by the governor or chief executive as part of the declaration request
process, see theprocess, see the Appendix.
28 44 C.F.R. §206.48 28 44 C.F.R. §206.48; and FEMA, Tribal Declarations Pilot Guidance, January 2017, pp. 34-38, https://www.fema.gov/media-library-data/1523033284358-20b86875d12843441a521a6141c15099/Pilot_Guidance.pdf (hereinafter FEMA, Tribal Declarations Pilot Guidance). For more information on the factors considered when evaluating a governor or chief executive’s . For more information on the factors considered when evaluating a governor or chief executive’s
request for a Stafford Act declaration, see therequest for a Stafford Act declaration, see the Appendix. See also CRS In Focus IF11529, See also CRS In Focus IF11529, A Brief Overview of FEMA’s
Public Assistance Program, by Erica A. Lee; and CRS In Focus IF11298, , by Erica A. Lee; and CRS In Focus IF11298, A Brief Overview of FEMA’s Individual
Assistance Program, by Elizabeth M. Webster. , by Elizabeth M. Webster.
29 44 C.F.R. §206.29 44 C.F.R. §206.~~40(a)~~37. .
30 44 C.F.R. §20630 44 C.F.R. §206.38. 31 44 C.F.R. §206.40(c). 32~~.40(c).~~
~~31 44 C.F.R. §206.40(c); see also FEMA, Tribal Declarations Pilot Guidance, January 2017, p. 48,~~
~~https://www.fema.gov/media-library-data/1523033284358-20b86875d12843441a521a6141c15099/Pilot_Guidance.pdf~~
~~(hereinafter FEMA, Tribal Declarations Guidance).~~
~~32 44 C.F.R. §206.46(a).~~
~~33 44 C.F.R. §206.46(a).~~
~~34 44 C.F.R. §206.46(b); see also FEMA, Tribal Declarations Guidance, p. 49.~~
~~35 44 C.F.R. §206.46(b).~~
~~36 44 C.F.R. §206.46(b). Governors may also appeal a denial of a declaration request, for example, if they request and~~
~~are denied for a major disaster declaration (44 C.F.R. §206.46(a)).~~
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~~link to page 11 link to page 11~~ 44 C.F.R. §206.40. For example, FEMA’s regulation states “[t]he Assistant Administrator for the Disaster Assistance Directorate has been delegated authority to determine and designate the types of assistance to be made available.... The Assistant Administrator for the Disaster Assistance Directorate may authorize all, or only particular types of, supplementary Federal assistance requested by the Governor.” Additionally, “[t]he Assistant Administrator for the Disaster Assistance Directorate also has been delegated authority to designate the affected areas eligible for supplementary Federal assistance under the Stafford Act.” 33 Email correspondence from FEMA Congressional Affairs staff, June 12, 2020. This is based on language in the initial notice, which states “Further, you are authorized to make changes to this declaration for the approved assistance to the extent allowable under the Stafford Act.” According to FEMA, this sentence has been included in presidential declarations under the Stafford Act since 2009, and it “authorizes FEMA to make changes to programs approved in the declaration (e.g. add counties), but not to approve additional forms of assistance. As such, since 2009, FEMA has sought White House approval when states [this term includes territories for purposes of the Stafford Act] or tribes request additional types of assistance under a declaration.” 34 44 C.F.R. §206.46(a). 35 44 C.F.R. §206.46(a). Congressional Research Service 5 link to page 12 link to page 12 link to page 9 2020 Hurricane Season FAQ Can a denial of a type of assistance requested pursuant to a Stafford Act declaration be appealed? A governor or chief executive may appeal a denial of types of assistance (e.g., Public Assistance) or areas requested (e.g., counties within a state).36 The appeal must be submitted in writing within 30 days of the date of the letter denying the request.37 The request and its justification must be submitted to the Assistant Administrator for the Disaster Assistance Directorate through the appropriate FEMA Regional Administrator for the FEMA region in which the state, territory, or tribe is located.38 Federal regulations allow for one request for reconsideration of a single federal ~~link to page 9~~ ~~2020 Hurricane Season FAQ~~

decision regarding assistance provided pursuant to a disaster decision regarding assistance provided pursuant to a disaster ~~declaration37~~declaration39 and FEMA’s and FEMA’s
determination on the appeal is final. determination on the appeal is final.
Stafford Act Assistance
Different types of federal assistance are available pursuant to each type of declaration (seeDifferent types of federal assistance are available pursuant to each type of declaration (see Table
1 for a list of the assistance available pursuant to an emergency or major disaster declaration). for a list of the assistance available pursuant to an emergency or major disaster declaration).
Emergency declarations may authorize some forms of Public Assistance (PA) and Individual Emergency declarations may authorize some forms of Public Assistance (PA) and Individual
Assistance (IA), but the assistance is limited.Assistance (IA), but the assistance is limited.3840 Major disaster declarations may provide more Major disaster declarations may provide more
forms of assistance than emergency declarations, including all forms of PA and IA, as well as forms of assistance than emergency declarations, including all forms of PA and IA, as well as
assistance through the Hazard Mitigation Grant Program (HMGP). assistance through the Hazard Mitigation Grant Program (HMGP).
As noted in the As noted in the “Can a major disaster be declared before an incident?” section, states, territories, section, states, territories,
and Indian tribal governments may request pre-landfall emergency declarations for hurricanes.and Indian tribal governments may request pre-landfall emergency declarations for hurricanes.3941
If the President approves a pre-disaster emergency declaration, assistance made available is If the President approves a pre-disaster emergency declaration, assistance made available is
typically PA Category B, limited to direct federal assistance (DFA), according to FEMA.typically PA Category B, limited to direct federal assistance (DFA), according to FEMA.4042
The following questions relate to the types of FEMA assistance that may be made available to The following questions relate to the types of FEMA assistance that may be made available to
support hurricane response and recovery efforts. Considerations are included for responding to support hurricane response and recovery efforts. Considerations are included for responding to
and recovering from hurricanes during the COVID-19 pandemic. and recovering from hurricanes during the COVID-19 pandemic.
~~Table 1. Assistance Available Under Stafford Act Declarations~~

~~Emergency Declaration~~
~~Major Disaster Declaration~~
~~Public Assistance (PA)~~
~~Emergency Work~~
~~Emergency Work~~
~~Category A–Debris Removal~~
~~Category A–Debris Removal~~
~~Category B–Emergency Protective~~
~~Category B–Emergency Protective~~
~~Measures~~
~~Measures~~
~~Permanent Work~~
~~Category C–Roads and Bridges~~
~~Category D–Water Control~~
~~Facilities~~
~~Category E–Buildings and~~
~~Equipment~~
~~Category F–Utilities~~
~~Category G–Parks, Recreational,~~
~~Other~~

~~37 44 C.F.R. §206.46(b).~~
38 36 44 C.F.R. §206.46(b); see also FEMA, Tribal Declarations Guidance, p. 49. 37 44 C.F.R. §206.46(b). 38 44 C.F.R. §206.46(b). Governors may also appeal a denial of a declaration request, for example, if they request and are denied for a major disaster declaration (44 C.F.R. §206.46(a)). 39 44 C.F.R. §206.46(b). 40 Emergency declarations do not authorize Hazard Mitigation Assistance (HMA) for projects that may reduce the loss Emergency declarations do not authorize Hazard Mitigation Assistance (HMA) for projects that may reduce the loss
of life and property from future disasters. of life and property from future disasters.
3941 FEMA, “The Disaster Declaration Process.” FEMA, “The Disaster Declaration Process.”
4042 FEMA, “The Disaster Declaration Process.” FEMA, “The Disaster Declaration Process.”
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~~Emergency Declaration~~
~~Major Disaster Declaration~~Table 1. Assistance Available Under Stafford Act Declarations Emergency Declaration Major Disaster Declaration Public Assistance (PA) Emergency Work Emergency Work Category A–Debris Removal Category A–Debris Removal Category B–Emergency Protective Category B–Emergency Protective Measures Measures Permanent Work Category C–Roads and Bridges Category D–Water Control Facilities Category E–Buildings and Equipment Category F–Utilities Category G–Parks, Recreational, Other
Individual Assistance (IA)
Individuals and Households Individuals and Households
IHP IHP
Program (IHP) Program (IHP)
Crisis Counseling Program Crisis Counseling Program
Disaster Case Management Disaster Case Management
Disaster Unemployment Assistance Disaster Unemployment Assistance
Disaster Legal Services Disaster Legal Services
Disaster Supplemental Nutrition Disaster Supplemental Nutrition
Assistance Program Assistance Program
Hazard Mitigation Assistance
Not Available Not Available
Hazard Mitigation Grant Program Hazard Mitigation Grant Program
(HMA)
Source: Developed by CRS based on the Federal Emergency Management Agency’s (FEMA’s) webpage on “The Developed by CRS based on the Federal Emergency Management Agency’s (FEMA’s) webpage on “The
Disaster Declaration Process,” available at https://www.fema.gov/disaster-declaration-process. Disaster Declaration Process,” available at https://www.fema.gov/disaster-declaration-process.
Public Assistance (PA)
When the President makes an emergency or major disaster declaration for hurricanes or other When the President makes an emergency or major disaster declaration for hurricanes or other
incidents under the Stafford Act, states, territories, Indian tribal governments, and local incidents under the Stafford Act, states, territories, Indian tribal governments, and local
governments, as well as certain private nonprofit organizations, may receive assistance through governments, as well as certain private nonprofit organizations, may receive assistance through
FEMA’s Public Assistance (PA) program.FEMA’s Public Assistance (PA) program.4143
What does the PA program provide for hurricane response and recovery?
Stafford Act emergency declarations may authorize PA “emergency work” undertaken to save Stafford Act emergency declarations may authorize PA “emergency work” undertaken to save
lives, protect property, public health, and safety, and lessen or avert the threat of a catastrophe.lives, protect property, public health, and safety, and lessen or avert the threat of a catastrophe.4244
Stafford Act major disaster declarations may authorize PA “emergency work” as well as PA Stafford Act major disaster declarations may authorize PA “emergency work” as well as PA
“permanent work” undertaken to repair, restore, reconstruct, or replace disaster-damaged public “permanent work” undertaken to repair, restore, reconstruct, or replace disaster-damaged public
~~and eligible private nonprofit facilities.43 “Emergency work” authorization may provide~~
~~assistance for debris removal (Category A) and emergency protective measures (Category B).44~~
~~“Permanent work” authorization may provide assistance for the repair, reconstruction, or~~
~~replacement of eligible Roads and Bridges (Category C); Water Control Facilities (Category D);~~
~~Buildings and Equipment (Category E); Utilities (Category F); and Parks, Recreational, and Other~~
~~facilities (Category G), as summarized in Table 1.~~
~~If authorized, a state, territory, or tribe becomes the PA primary grant Recipient (hereinafter,~~
~~Recipient).45 State, tribal, territorial, and local governments, as well as eligible nonprofit entities,~~

41 43 For more information on the Public Assistance (PA) program, see CRS In Focus IF11529, For more information on the Public Assistance (PA) program, see CRS In Focus IF11529, A Brief Overview of
FEMA’s Public Assistance Program, by Erica A. Lee. , by Erica A. Lee.
4244 With regard to Public Assistance (PA), emergency declarations may authorize “emergency work,” per Section 502 of With regard to Public Assistance (PA), emergency declarations may authorize “emergency work,” per Section 502 of
the Stafford Act (42 U.S.C. §5192). FEMA’s two categories of PA “emergency work” are debris removal (Category A) the Stafford Act (42 U.S.C. §5192). FEMA’s two categories of PA “emergency work” are debris removal (Category A)
and emergency protective measures (Category B) (FEMA, and emergency protective measures (Category B) (FEMA, Public Assistance Program and Policy Guide (PAPPG), FP , FP
104-009-2, April 2018, p. 19, https://www.fema.gov/media-library-data/1525468328389-104-009-2, April 2018, p. 19, https://www.fema.gov/media-library-data/1525468328389-
4a038bbef9081cd7dfe7538e7751aa9c/PAPPG_3.1_508_FINAL_5-4-2018.pdf (hereinafter FEMA, 4a038bbef9081cd7dfe7538e7751aa9c/PAPPG_3.1_508_FINAL_5-4-2018.pdf (hereinafter FEMA, PAPPG)). )).
~~43 Assistance for these PA program is authorized under Stafford Act Sections 402, 403, 407, 418, 419, and 502; 42~~
~~U.S.C. §§5170a-5170b, 5173, 5185-86, 5192, respectively. See also 44 C.F.R. §206.220 for general eligibility for~~
~~public assistance.~~
~~44 FEMA, PAPPG, p. 51.~~
~~45 The term “Recipient” in this report refers to “an entity that receives a Federal award directly from a Federal awarding~~
~~agency to carry out an activity,” per 2 C.F.R. §200.86 and the FEMA, PAPPG, p. 21.~~
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Congressional Research Service 7 link to page 12 2020 Hurricane Season FAQ and eligible private nonprofit facilities.45 “Emergency work” authorization may provide assistance for debris removal (Category A) and emergency protective measures (Category B).46 “Permanent work” authorization may provide assistance for the repair, reconstruction, or replacement of eligible Roads and Bridges (Category C); Water Control Facilities (Category D); Buildings and Equipment (Category E); Utilities (Category F); and Parks, Recreational, and Other facilities (Category G), as summarized in Table 1. If authorized, a state, territory, or tribe becomes the PA primary grant Recipient (hereinafter, Recipient).47 State, tribal, territorial, and local governments, as well as eligible nonprofit entities, may then apply for funding for specific PA projects as PA Applicants (hereinafter Applicant).may then apply for funding for specific PA projects as PA Applicants (hereinafter Applicant).4648
Applicants must submit a request for grant funds to the PA Recipient, which evaluates the Applicants must submit a request for grant funds to the PA Recipient, which evaluates the
potential eligibility of the PA Applicant, facility, work, and costs with FEMA.potential eligibility of the PA Applicant, facility, work, and costs with FEMA.4749
Is there a ~~non-federal~~nonfederal cost share for the PA program? Can it be adjusted?
The Stafford Act authorizes FEMA to reimburse not less than 75% of the eligible costs of specific The Stafford Act authorizes FEMA to reimburse not less than 75% of the eligible costs of specific
types of disaster response and recovery work undertaken by eligible PA Applicants.types of disaster response and recovery work undertaken by eligible PA Applicants.4850 FEMA may FEMA may
recommend that the federal cost share be increased in extraordinary recommend that the federal cost share be increased in extraordinary ~~cases49~~cases51 at the request of a at the request of a
state, territory, or tribe.state, territory, or tribe.5052 However, only the President has the authority to adjust the federal share However, only the President has the authority to adjust the federal share
of PA programs. of PA programs.
FEMA recommends an increase in the federal cost share to up to 90% for major disasters when FEMA recommends an increase in the federal cost share to up to 90% for major disasters when
the estimated cost of PA exceeds an annually-adjusted per-capita threshold across the state, the estimated cost of PA exceeds an annually-adjusted per-capita threshold across the state,
territory, or tribe.territory, or tribe.5153 For FY2020, the threshold is $149 per capita. For FY2020, the threshold is $149 per capita.5254 FEMA may also take into FEMA may also take into
account other disasters in the affected area during the preceding twelve months.account other disasters in the affected area during the preceding twelve months.~~53 In extraordinary~~
~~cases, FEMA may recommend an increase in the cost share of PA emergency work to 100% for a~~
~~limited period of time, irrespective of the estimated damages.54~~
~~Is PA available for businesses for hurricane response and recovery?~~
~~Private businesses and other for-profit entities are not eligible Applicants for PA. Under the~~
~~Stafford Act, however, certain private nonprofit organizations (PNPs)55 may be eligible for PA if~~
~~they provide “critical services” or non-critical, “essential” services available to the general public.~~
~~Eligible PNPs that provide critical services are “educational, utility, irrigation, emergency,~~

4655 In extraordinary 45 Assistance for these PA program is authorized under Stafford Act Sections 402, 403, 407, 418, 419, and 502; 42 U.S.C. §§5170a-5170b, 5173, 5185-86, 5192, respectively. See also 44 C.F.R. §206.220 for general eligibility for public assistance. 46 FEMA, PAPPG, p. 51. 47 The term “Recipient” in this report refers to “an entity that receives a Federal award directly from a Federal awarding agency to carry out an activity,” per 2 C.F.R. §200.86 and the FEMA, PAPPG, p. 21. 48 The term “Applicant” in this report refers to “the responsible entity for a project,” per the FEMA, The term “Applicant” in this report refers to “the responsible entity for a project,” per the FEMA, PAPPG, p. 22. p. 22.
4749 Stafford Act Section 403(a)(4) authorizes the President to reimburse state and local governments, as well as private Stafford Act Section 403(a)(4) authorizes the President to reimburse state and local governments, as well as private
nonprofit facilities, for essential assistance following a major disaster declaration (42 U.S.C. §5170b(a)(4)). Section nonprofit facilities, for essential assistance following a major disaster declaration (42 U.S.C. §5170b(a)(4)). Section
406(a)(1) of the Stafford Act authorizes the President to reimburse state and local governments, as well as private 406(a)(1) of the Stafford Act authorizes the President to reimburse state and local governments, as well as private
nonprofit facilities, for repair, restoration, and replacement of damaged facilities assistance following a major disaster nonprofit facilities, for repair, restoration, and replacement of damaged facilities assistance following a major disaster
declaration (42 U.S.C. §5172(a)(1)). declaration (42 U.S.C. §5172(a)(1)).
4850 See, for example, Stafford Act Section 503(a), 42 U.S.C. §5193(a); and Stafford Act Section 403(b), 42 U.S.C. See, for example, Stafford Act Section 503(a), 42 U.S.C. §5193(a); and Stafford Act Section 403(b), 42 U.S.C.
§5170b(b). §5170b(b).
49 51 For more information, see CRS Report R41101, For more information, see CRS Report R41101, FEMA Disaster Cost-Shares: Evolution and Analysis, by Natalie , by Natalie
Keegan and Elizabeth M. Webster. Keegan and Elizabeth M. Webster.
5052 44 C.F.R. §206.47. For cost-share adjustments for tribes, see 42 U.S.C. §5170(c) and FEMA, 44 C.F.R. §206.47. For cost-share adjustments for tribes, see 42 U.S.C. §5170(c) and FEMA, Tribal Declarations
Pilot Guidance, January 2017, p. 38-39, https://www.fema.gov/media-library-data/1523033284358-, January 2017, p. 38-39, https://www.fema.gov/media-library-data/1523033284358-
20b86875d12843441a521a6141c15099/Pilot_Guidance.pdf. 20b86875d12843441a521a6141c15099/Pilot_Guidance.pdf.
5153 44 C.F.R. §206.47(b). 44 C.F.R. §206.47(b).
5254 Department of Homeland Security (DHS), FEMA, “Notice of Adjustment of Statewide per Capita Indicator for Department of Homeland Security (DHS), FEMA, “Notice of Adjustment of Statewide per Capita Indicator for
Recommending a Cost Share Adjustment,” 84 Recommending a Cost Share Adjustment,” 84 Federal Register 6965, February 6, 2020. 6965, February 6, 2020.
5355 44 C.F.R. §206.47(c). Congressional Research Service 8 link to page 33 link to page 33 2020 Hurricane Season FAQ cases, FEMA may recommend an increase in the cost share of PA emergency work to 100% for a limited period of time, irrespective of the estimated damages.56 Is PA available for businesses for hurricane response and recovery? Private businesses and other for-profit entities are not eligible Applicants for PA. Under the Stafford Act, however, certain private nonprofit organizations (PNPs)57 may be eligible for PA if they provide “critical services” or noncritical, “essential” services available to the general public. Eligible PNPs that provide critical services are “educational, utility, irrigation, emergency, ~~44 C.F.R. §206.47(c).~~
~~54 44 C.F.R. §206.47(d).~~
~~55 Private nonprofit organizations (PNPs) are defined in both the Stafford Act and FEMA regulations. 44 C.F.R.~~
~~§206.221(f) defines PNPs as “any nongovernmental agency or entity that currently has: (1) An effective ruling letter~~
~~from the U.S. Internal Revenue Service, granting tax exemption under sections 501(c), (d), or (e) of the Internal~~
~~Revenue Code of 1954, or (2) Satisfactory evidence from the State that the nonrevenue producing organization or entity~~
~~is a nonprofit one organized or doing business under State law.” Additionally, Stafford Act Section 102(11)(A) and (B)~~
~~defines private nonprofit facilities (42 U.S.C. §5122 (11)(A) and (B)).~~
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medical, rehabilitational, and temporary or permanent custodial care facilities (including those for medical, rehabilitational, and temporary or permanent custodial care facilities (including those for
the aged and disabled) and facilities on Indian reservations.”the aged and disabled) and facilities on Indian reservations.”5658
PNPs that provide “non-critical, essential” services are PNPs that provide “non-critical, essential” services are
any private nonprofit facility that provides essential social services to the general public any private nonprofit facility that provides essential social services to the general public
(including museums, zoos, performing arts facilities, community arts centers, community (including museums, zoos, performing arts facilities, community arts centers, community
centers, libraries, homeless shelters, senior citizen centers, rehabilitation facilities, shelter centers, libraries, homeless shelters, senior citizen centers, rehabilitation facilities, shelter
workshops, food banks, broadcasting facilities, houses of worship, and facilities that workshops, food banks, broadcasting facilities, houses of worship, and facilities that
provide health and safety services of a governmental nature), as defined by the President. provide health and safety services of a governmental nature), as defined by the President.
No house of worship may be excluded from this definition because leadership or No house of worship may be excluded from this definition because leadership or
membership in the organization operating the house of worship is limited to persons who membership in the organization operating the house of worship is limited to persons who
share a religious faith or practice.share a religious faith or practice.5759
Religiously affiliated PNPs must meet the same eligibility criteria as other PNPs. Religiously affiliated PNPs must meet the same eligibility criteria as other PNPs.5860
For-profit entities are not eligible to apply for reimbursement through the PA program. For-profit For-profit entities are not eligible to apply for reimbursement through the PA program. For-profit
entities, however, may be eligible for assistance through the Small Business Administration entities, however, may be eligible for assistance through the Small Business Administration
(SBA) Disaster Loan Program (for more information, see the (SBA) Disaster Loan Program (for more information, see the “Small Business Administration
(SBA) Disaster Loan Program” section, below).section, below).5961
Eligible PA Applicants may also contract for-profit entities to perform PA-reimbursable work that Eligible PA Applicants may also contract for-profit entities to perform PA-reimbursable work that
complies with federal and state, tribal, or territorial procurement procedures and PA program complies with federal and state, tribal, or territorial procurement procedures and PA program
requirements.requirements.60
~~How do PA Applicants receive reimbursement for response and recovery~~
~~work?~~
~~State, territories, and Indian tribal governments that have received emergency declarations or~~
~~major disaster declarations are PA grant Recipients, which administer PA awards in their~~
~~jurisdictions.61 Before receiving funds, PA grant Recipients must execute FEMA-~~
~~State/Tribal/Territorial Agreements, submit federal grant applications, create a payment account,~~
~~and update Recipient Public Assistance Administrative Plans.62 Additionally, FEMA must~~
~~approve the Recipient’s Hazard Mitigation Plan before receiving funds for PA permanent work.63~~

5662 56 44 C.F.R. §206.47(d). 57 Private nonprofit organizations (PNPs) are defined in both the Stafford Act and FEMA regulations. 44 C.F.R. §206.221(f) defines PNPs as “any nongovernmental agency or entity that currently has: (1) An effective ruling letter from the U.S. Internal Revenue Service, granting tax exemption under sections 501(c), (d), or (e) of the Internal Revenue Code of 1954, or (2) Satisfactory evidence from the State that the nonrevenue producing organization or entity is a nonprofit one organized or doing business under State law.” Additionally, Stafford Act Section 102(11)(A) and (B) defines private nonprofit facilities (42 U.S.C. §5122 (11)(A) and (B)). 58 Stafford Act Section 102(11)(A), 42 U.S.C. §5122(11)(A), and 44 C.F.R. §206.221(e). FEMA provides a full Stafford Act Section 102(11)(A), 42 U.S.C. §5122(11)(A), and 44 C.F.R. §206.221(e). FEMA provides a full
discussion on the eligibility of private discussion on the eligibility of private ~~non-profit~~nonprofit organizations in FEMA, organizations in FEMA, PAPPG, pp. 43-47. , pp. 43-47.
5759 Stafford Act Section 102(11)(B), 42 U.S.C. §5122(11)(B), and 44 C.F.R. §206.221(e)(7). See also FEMA, Stafford Act Section 102(11)(B), 42 U.S.C. §5122(11)(B), and 44 C.F.R. §206.221(e)(7). See also FEMA, PAPPG, ,
p. 46. p. 46.
5860 The Bipartisan Budget Act of 2018 (P.L. 115-123) changed eligibility for houses of worship under the Stafford Act. The Bipartisan Budget Act of 2018 (P.L. 115-123) changed eligibility for houses of worship under the Stafford Act.
Per 42 U.S.C. §5122(11)(B), “[n]o house of worship may be excluded from this definition because leadership or Per 42 U.S.C. §5122(11)(B), “[n]o house of worship may be excluded from this definition because leadership or
membership in the organization operating the house of worship is limited to persons who share a religious faith or membership in the organization operating the house of worship is limited to persons who share a religious faith or
practice.” practice.”
5961 For more information, see CRS Report R44412, For more information, see CRS Report R44412, SBA Disaster Loan Program: Frequently Asked Questions, by Bruce , by Bruce
R. Lindsay. R. Lindsay.
6062 FEMA, PAPPG, pp. 76-85. Congressional Research Service 9 link to page 17 link to page 17 2020 Hurricane Season FAQ How do PA Applicants receive reimbursement for response and recovery work? State, territories, and Indian tribal governments that have received emergency declarations or major disaster declarations are PA grant Recipients, which administer PA awards in their jurisdictions.63 Before receiving funds, PA grant Recipients must execute FEMA-State/Tribal/Territorial Agreements, submit federal grant applications, create a payment account, and update Recipient Public Assistance Administrative Plans.64 Additionally, FEMA must approve the Recipient’s Hazard Mitigation Plan before receiving funds for PA permanent work.65 ~~FEMA, PAPPG, pp. 76-85.~~
~~61 A Recipient is a “non-Federal entity that receives a Federal award directly from a Federal awarding agency to carry~~
~~out an activity under a Federal program.” See 2 C.F.R. §200.~~
~~62 FEMA, PAPPG, pp. 26-27. For more information on state administrative plans, see 44 C.F.R. §206.207(b).~~
~~63 FEMA, PAPPG, pp. 27-28.~~
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Eligible Applicants may apply for funding through the Recipient’s PA award. Eligible Applicants may apply for funding through the Recipient’s PA award.6466 FEMA generally FEMA generally
refers to PA Applicants as any entity that is responsible for PA-eligible work.refers to PA Applicants as any entity that is responsible for PA-eligible work.6567 Applicants may be Applicants may be
state, tribal, territorial, and local governments, as well as eligible private nonprofits.state, tribal, territorial, and local governments, as well as eligible private nonprofits.6668 For For
example, a state, tribal, or territorial Department of Health or a school district may apply for PA example, a state, tribal, or territorial Department of Health or a school district may apply for PA
to reimburse costs incurred for eligible response and recovery work as a PA Applicant. In both to reimburse costs incurred for eligible response and recovery work as a PA Applicant. In both
instances, those funds would be administered by the state, territory, or Indian tribal government instances, those funds would be administered by the state, territory, or Indian tribal government
that received the declaration as the PA grant Recipient. that received the declaration as the PA grant Recipient.
To receive PA funds, Applicants may submit a request for grant funds, a project worksheet To receive PA funds, Applicants may submit a request for grant funds, a project worksheet
describing the details of the work and costs claimed, and supporting documentation though the PA describing the details of the work and costs claimed, and supporting documentation though the PA
Grants Portal.Grants Portal.6769 FEMA and the PA grant Recipient are to conduct site inspections, scoping FEMA and the PA grant Recipient are to conduct site inspections, scoping
meetings, and documentation verification to formulate the scope of the project and verify the meetings, and documentation verification to formulate the scope of the project and verify the
eligibility of relevant costs.eligibility of relevant costs.6870 FEMA and the Recipient evaluate this information to confirm FEMA and the Recipient evaluate this information to confirm
project and cost eligibility.project and cost eligibility.6971 Once a project worksheet is approved, Applicants may receive Once a project worksheet is approved, Applicants may receive
reimbursement for eligible reimbursement for eligible ~~costs70~~costs72 incurred while executing eligible work. incurred while executing eligible work.7173 FEMA may obligate FEMA may obligate
funds in phases depending on project size.funds in phases depending on project size.7274 During the 2020 Hurricane Season, FEMA has put in During the 2020 Hurricane Season, FEMA has put in
place remote procedures to complete several phases of PA application, damage assessment, and place remote procedures to complete several phases of PA application, damage assessment, and
~~eligibility analysis in line with the Centers for Disease Control and Prevention’s (CDC’s)~~
~~guidance and social distancing requirements during the COVID-19 pandemic.73~~
~~FEMA notes that expedited assistance may be available for emergency work in certain cases.74~~
~~When expedited assistance is approved for large projects (in FY2020, large projects are those~~
~~over $131,100),75 FEMA obligates 50% of the federal share of total estimated project costs as~~
~~soon as the project worksheet is approved, and the PA Applicant may be reimbursed at that time.76~~

64 63 A Recipient is a “non-Federal entity that receives a Federal award directly from a Federal awarding agency to carry out an activity under a Federal program.” See 2 C.F.R. §200. 64 FEMA, PAPPG, pp. 26-27. For more information on state administrative plans, see 44 C.F.R. §206.207(b). 65 FEMA, PAPPG, pp. 27-28. 66 Application procedures for PA grant Recipients and Applicants are described in 44 C.F.R. §206.202(a)-(f). See also Application procedures for PA grant Recipients and Applicants are described in 44 C.F.R. §206.202(a)-(f). See also
FEMA, FEMA, PAPPG, pp. 35-41, 48-49, 60-65, 92, 193-188, and 190. pp. 35-41, 48-49, 60-65, 92, 193-188, and 190.
6567 FEMA, FEMA, PAPPG, p. 22. Eligible applicants are described in 44 C.F.R. §206.222. p. 22. Eligible applicants are described in 44 C.F.R. §206.222.
6668 Stafford Act Section 403(a)(4), 42 U.S.C. §5170b(a)(4), and Stafford Act Section 406(a)(1), 42 U.S.C. §5172(a)(1); Stafford Act Section 403(a)(4), 42 U.S.C. §5170b(a)(4), and Stafford Act Section 406(a)(1), 42 U.S.C. §5172(a)(1);
see also 44 C.F.R. §206.222. see also 44 C.F.R. §206.222.
6769 44 C.F.R. §206.202 and FEMA, 44 C.F.R. §206.202 and FEMA, PAPPG, p. 35. For more information, see FEMA, “Strategic Funds Management—p. 35. For more information, see FEMA, “Strategic Funds Management—
Implementation Procedures for the Public Assistance Program,” SOP 9570.24, December 21, 2012, Implementation Procedures for the Public Assistance Program,” SOP 9570.24, December 21, 2012,
https://www.fema.gov/media-library-data/20130726-1902-25045-1202/https://www.fema.gov/media-library-data/20130726-1902-25045-1202/
sop_9570.24_strategic_funds_management___implementation_procedures_for_pa_program.pdf. sop_9570.24_strategic_funds_management___implementation_procedures_for_pa_program.pdf.
6870 See application, project formulation, and review process procedures at 44 C.F.R. §206.202, and FEMA, See application, project formulation, and review process procedures at 44 C.F.R. §206.202, and FEMA, PAPPG, pp. pp.
35-41, 48-49, 60-65, 92, 193-188, 190. Note that these procedures are specific to awards carried out under conventional 35-41, 48-49, 60-65, 92, 193-188, 190. Note that these procedures are specific to awards carried out under conventional
406 procedures. For projects carried out under Section 428 procedures, see 406 procedures. For projects carried out under Section 428 procedures, see “What are Section 428 Alternative
Procedures for PA?”
6971 44 C.F.R. §206.202(e). 44 C.F.R. §206.202(e).
7072 44 C.F.R. §206.228 and FEMA, 44 C.F.R. §206.228 and FEMA, PAPPG, pp. 65-96. See Stafford Act Section 406(e) at 42 U.S.C. §5172(e) for , pp. 65-96. See Stafford Act Section 406(e) at 42 U.S.C. §5172(e) for
eligible costs incurred for permanent work conducted under Section 406 procedures. eligible costs incurred for permanent work conducted under Section 406 procedures.
7173 44 C.F.R. §206.223(a) and FEMA, 44 C.F.R. §206.223(a) and FEMA, PAPPG, pp. 44, 51-59. , pp. 44, 51-59.
7274 44 C.F.R. §206.205 and FEMA, PAPPG, pp. 190-192. Congressional Research Service 10 2020 Hurricane Season FAQ eligibility analysis in line with the Centers for Disease Control and Prevention’s (CDC’s) guidance and social distancing requirements during the COVID-19 pandemic.75 FEMA notes that expedited assistance may be available for emergency work in certain cases.76 When expedited assistance is approved for large projects (in FY2020, large projects are those over $131,100),77 FEMA obligates 50% of the federal share of total estimated project costs as soon as the project worksheet is approved, and the PA Applicant may be reimbursed at that time.78 ~~44 C.F.R. §206.205 and FEMA, PAPPG, pp. 190-192.~~
~~73 FEMA, COVID-19 Pandemic Operational Guidance for the 2020 Hurricane Season, May 2020, p. 16,~~
~~https://www.fema.gov/media-library-data/1589997234798-adb5ce5cb98a7a89e3e1800becf0eb65/~~
~~2020_Hurricane_Pandemic_Plan.pdf (hereinafter FEMA, COVID-19 Operational Guidance for Hurricane Season).~~
~~74 FEMA, PAPPG, pp. 184-185.~~
~~75 FEMA, “Per Capita Indicator and Project Thresholds,” https://www.fema.gov/public-assistance-indicator-and-~~
~~project-thresholds (hereinafter FEMA, “Per Capita Indicator and Thresholds”).~~
~~76 FEMA, PAPPG, pp. 184-185. See also questions and answers regarding expedited funding in FEMA, “Public~~
~~Assistance Frequently Asked Questions,” last accessed May 25, 2020, https://www.fema.gov/public-assistance-~~
~~frequently-asked-questions#Q12 (hereinafter FEMA, “PA FAQs”).~~
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The remaining federal share may be reimbursed once the Applicant submits documentation of The remaining federal share may be reimbursed once the Applicant submits documentation of
actual costs incurred while performing eligible work.actual costs incurred while performing eligible work.7779
How long does it take for states, territories, and Indian tribal governments to
receive reimbursement for response and recovery work from FEMA?
The time elapsed during delivery of PA typically varies. A number of different factors involved in The time elapsed during delivery of PA typically varies. A number of different factors involved in
the PA application and reimbursement process affect the delivery of PA. Relevant factors include the PA application and reimbursement process affect the delivery of PA. Relevant factors include
the scope of the the scope of the ~~project78~~project80 and the time required for the performance of eligible work. and the time required for the performance of eligible work.7981
FEMA may obligate and disburse funds for small projects (those up to $131,100 in FY2020) FEMA may obligate and disburse funds for small projects (those up to $131,100 in FY2020)
upon the approval of a project worksheet, the form FEMA uses to document the details of the upon the approval of a project worksheet, the form FEMA uses to document the details of the
Applicant’s work and costs claimed.Applicant’s work and costs claimed.8082 For large projects (those equal to or greater than $131,100 For large projects (those equal to or greater than $131,100
in FY2020), FEMA may obligate funds to the PA grant Recipient upon the approval of a project in FY2020), FEMA may obligate funds to the PA grant Recipient upon the approval of a project
worksheet. Applicants may then request reimbursement for work completed from the PA grant worksheet. Applicants may then request reimbursement for work completed from the PA grant
Recipient.Recipient.8183
Is there a cap on how much funding applicants may receive through the FEMA
PA program?
There is no set cap on the amount of PA funding that FEMA may provide for any given There is no set cap on the amount of PA funding that FEMA may provide for any given
declaration, state/territory/Indian tribal government (Recipient), or eligible Applicant. declaration, state/territory/Indian tribal government (Recipient), or eligible Applicant. ~~82 However,~~
~~there are eligibility restrictions. To receive PA, the Applicant, facility, work, and costs all must be~~
~~eligible.83~~

~~77 FEMA, “PA FAQs.”~~
7884 However, 75 FEMA, COVID-19 Pandemic Operational Guidance for the 2020 Hurricane Season, May 2020, p. 16, https://www.fema.gov/media-library-data/1589997234798-adb5ce5cb98a7a89e3e1800becf0eb65/2020_Hurricane_Pandemic_Plan.pdf (hereinafter FEMA, COVID-19 Operational Guidance for Hurricane Season). 76 FEMA, PAPPG, pp. 184-185. 77 FEMA, “Per Capita Indicator and Project Thresholds,” https://www.fema.gov/public-assistance-indicator-and-project-thresholds (hereinafter FEMA, “Per Capita Indicator and Thresholds”). 78 FEMA, PAPPG, pp. 184-185. See also questions and answers regarding expedited funding in FEMA, “Public Assistance Frequently Asked Questions,” last accessed May 25, 2020, https://www.fema.gov/public-assistance-frequently-asked-questions#Q12 (hereinafter FEMA, “PA FAQs”). 79 FEMA, “PA FAQs.” 80 For more information on reimbursement procedures, see 44 C.F.R. §206.205; FEMA, For more information on reimbursement procedures, see 44 C.F.R. §206.205; FEMA, PAPPG, pp. 190-191; and pp. 190-191; and
FEMA, “Strategic Funds Management—Implementation Procedures for the Public Assistance Program,” SOP 9570.24, FEMA, “Strategic Funds Management—Implementation Procedures for the Public Assistance Program,” SOP 9570.24,
Dec 21, 2012, https://www.fema.gov/media-library-data/20130726-1902-25045-1202/Dec 21, 2012, https://www.fema.gov/media-library-data/20130726-1902-25045-1202/
sop_9570.24_strategic_funds_management___implementation_procedures_for_pa_program.pdf. sop_9570.24_strategic_funds_management___implementation_procedures_for_pa_program.pdf.
7981 See 44 C.F.R. §206.204(c). See 44 C.F.R. §206.204(c).
8082 44 C.F.R. §206.205(a). FEMA defines project size based on an annually adjusted cost threshold. In FY2020, a small 44 C.F.R. §206.205(a). FEMA defines project size based on an annually adjusted cost threshold. In FY2020, a small
project is a project above $3,300 and equal to or less than $131,100. FEMA, “Per Capita Indicator and Thresholds.” project is a project above $3,300 and equal to or less than $131,100. FEMA, “Per Capita Indicator and Thresholds.”
8183 44 C.F.R. §206.205(b), and FEMA, “Per Capita Indicator and Thresholds.” For more on the PA reimbursement 44 C.F.R. §206.205(b), and FEMA, “Per Capita Indicator and Thresholds.” For more on the PA reimbursement
process, see 44 C.F.R. §206.205 and FEMA, process, see 44 C.F.R. §206.205 and FEMA, PAPPG, pp. 142-146. , pp. 142-146.
8284 Stafford Act Section 503 sets a statutory “cap” of $5 million on spending for a single emergency, but there is an Stafford Act Section 503 sets a statutory “cap” of $5 million on spending for a single emergency, but there is an
exception when continued emergency assistance is needed, per 42 U.S.C. §5193(b); see also 44 C.F.R. §206.67. exception when continued emergency assistance is needed, per 42 U.S.C. §5193(b); see also 44 C.F.R. §206.67.
~~83 FEMA, PAPPG, p. 38; 44 C.F.R. §§206.220-228. Eligible Applicants include state, territories, tribes, local~~
~~governments, and certain private nonprofit organizations (PNPs) (Stafford Act §§403(a)(4), 406(a)(1), and 407(a)(2);~~
~~42 U.S.C. §5170b(a)(4); 42 U.S.C. §5172(a)(1); 42 U.S.C. §5173(a)(2); 44 C.F.R. §206.222; and FEMA, PAPPG, pp.~~
~~42-47). To be eligible for PA permanent work, facilities generally must either be eligible public facilities or eligible~~
~~private nonprofit facilities. Definitions of eligible facilities are available at Stafford Act Sections 102(10)-(11) (42~~
~~U.S.C. §5122(10)-(11); 44 C.F.R. §206.221(e) and (h); and FEMA, PAPPG, pp. 55-59). PA-eligible work includes~~
~~both short-term “emergency work” undertaken to respond to a disaster or an emergency, and long-term “permanent~~
~~work” undertaken to recover from a major disaster (see Table 1 for a list of the types of emergency and permanent~~
~~work). Assistance for these PA program is authorized under Stafford Act Sections 402, 403, 407, 418, 419, and 502 (42~~
~~U.S.C. §§5170a-5170b, 5173, 5185-86, 5192; see also 44 C.F.R. §206.220 for general eligibility for PA). Eligible costs~~
~~must fulfill a number of criteria. Costs must be reasonable and incurred while performing eligible work (44 C.F.R.~~
~~§206.228). For a detailed discussion of PA cost eligibility, see FEMA, PAPPG, pp. 65-96.~~
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Congressional Research Service 11 link to page 17 link to page 17 link to page 12 link to page 12 2020 Hurricane Season FAQ there are eligibility restrictions. To receive PA, the Applicant, facility, work, and costs all must be eligible.85
Additionally, the Stafford Act prohibits assistance for costs that are covered by other means, Additionally, the Stafford Act prohibits assistance for costs that are covered by other means,
known as a duplication of benefits.known as a duplication of benefits.8486 Applicants may not receive PA for costs covered by private Applicants may not receive PA for costs covered by private
or public insurance proceeds, other federal programs, or other means.or public insurance proceeds, other federal programs, or other means.8587
Applicants for PA permanent work may elect to complete PA projects with capped awards in Applicants for PA permanent work may elect to complete PA projects with capped awards in
order to improve upon pre-disaster design, complete alternate projects, or execute the project order to improve upon pre-disaster design, complete alternate projects, or execute the project
under Stafford Act Section 428 alternative procedures (see the under Stafford Act Section 428 alternative procedures (see the “What are Section 428 Alternative
Procedures for PA?” section, below). section, below).8688 Reimbursement for PA Applicants that pursue these Reimbursement for PA Applicants that pursue these
options is capped on the basis of project costs estimates.options is capped on the basis of project costs estimates.8789 If Applicants do not pursue these If Applicants do not pursue these
options, there is no cap on the amount of funding they may receive for eligible project costs options, there is no cap on the amount of funding they may receive for eligible project costs
incurred while performing eligible work on a given project. incurred while performing eligible work on a given project.
What are Section 428 Alternative Procedures for PA?
In 2013, Congress amended the Stafford Act under Section 428 to authorize FEMA to use In 2013, Congress amended the Stafford Act under Section 428 to authorize FEMA to use
alternative procedures for PA “emergency work” for debris removal (Category A), and alternative procedures for PA “emergency work” for debris removal (Category A), and
“permanent work” for the repair, reconstruction, or replacement of eligible Roads and Bridges “permanent work” for the repair, reconstruction, or replacement of eligible Roads and Bridges
(Category C); Water Control Facilities (Category D); Buildings and Equipment (Category E); (Category C); Water Control Facilities (Category D); Buildings and Equipment (Category E);
Utilities (Category F); and Parks, Recreational, and Other facilities (Category G), as summarized Utilities (Category F); and Parks, Recreational, and Other facilities (Category G), as summarized
iin Table 1.8890 The new section authorized FEMA to implement what is commonly known as the The new section authorized FEMA to implement what is commonly known as the
Section 428 Program for debris removal and permanent work. According to FEMA, the goals of Section 428 Program for debris removal and permanent work. According to FEMA, the goals of
the Section 428 Program are to reduce costs, increase flexibility, expedite assistance, and provide the Section 428 Program are to reduce costs, increase flexibility, expedite assistance, and provide
~~incentives for timely and cost-effective project completion.89 Participation in the Section 428~~
~~Program is voluntary; Applicants may utilize the program on a project-by-project basis.90~~
~~Use of the alternative procedures set forth in the Section 428 Program requires that the PA~~
~~Applicant and FEMA agree on a fixed-cost estimate for permanent work projects.91 PA funding~~
~~for those projects is then capped at the fixed estimate. If the actual costs of the project exceed this~~
~~cap, the Applicant is responsible for the difference.92 If the actual project costs are below the fixed~~

~~84 Stafford Act Section 312, 42 U.S.C. §5156.~~
85 85 FEMA, PAPPG, p. 38; 44 C.F.R. §§206.220-228. Eligible Applicants include state, territories, tribes, local governments, and certain private nonprofit organizations (PNPs) (Stafford Act §§403(a)(4), 406(a)(1), and 407(a)(2); 42 U.S.C. §5170b(a)(4); 42 U.S.C. §5172(a)(1); 42 U.S.C. §5173(a)(2); 44 C.F.R. §206.222; and FEMA, PAPPG, pp. 42-47). To be eligible for PA permanent work, facilities generally must either be eligible public facilities or eligible private nonprofit facilities. Definitions of eligible facilities are available at Stafford Act Sections 102(10)-(11) (42 U.S.C. §5122(10)-(11); 44 C.F.R. §206.221(e) and (h); and FEMA, PAPPG, pp. 55-59). PA-eligible work includes both short-term “emergency work” undertaken to respond to a disaster or an emergency, and long-term “permanent work” undertaken to recover from a major disaster (see Table 1 for a list of the types of emergency and permanent work). Assistance for these PA program is authorized under Stafford Act Sections 402, 403, 407, 418, 419, and 502 (42 U.S.C. §§5170a-5170b, 5173, 5185-86, 5192; see also 44 C.F.R. §206.220 for general eligibility for PA). Eligible costs must fulfill a number of criteria. Costs must be reasonable and incurred while performing eligible work (44 C.F.R. §206.228). For a detailed discussion of PA cost eligibility, see FEMA, PAPPG, pp. 65-96. 86 Stafford Act Section 312, 42 U.S.C. §5156. 87 See Stafford Act Section 312, 42 U.S.C. §5156, and See Stafford Act Section 312, 42 U.S.C. §5156, and PAPPG, pp. 93-95. FEMA will not provide reimbursement for pp. 93-95. FEMA will not provide reimbursement for
facilities that are under the specific authority of another federal agency. 44 C.F.R. §206.226(a). facilities that are under the specific authority of another federal agency. 44 C.F.R. §206.226(a).
8688 FEMA, FEMA, PAPPG, pp. 164-168. pp. 164-168.
8789 Section 428 Alternative Procedures are authorized in Stafford Act Section 428; 42 U.S.C. §5189f. See also FEMA, Section 428 Alternative Procedures are authorized in Stafford Act Section 428; 42 U.S.C. §5189f. See also FEMA,
PAPPG, pp. 163-168, and FEMA, “Public Assistance Alternative Procedures for Permanent Work Pilot,” v. 4, FP 104-pp. 163-168, and FEMA, “Public Assistance Alternative Procedures for Permanent Work Pilot,” v. 4, FP 104-
009-7, August 19, 2019, https://www.fema.gov/media-library-data/1568910139061-009-7, August 19, 2019, https://www.fema.gov/media-library-data/1568910139061-
36ef984e91a480f99341e6836ac27ae8/PAAP_Perm_Work_Guide_V4_2019_508.pdf (hereinafter FEMA, “PA 36ef984e91a480f99341e6836ac27ae8/PAAP_Perm_Work_Guide_V4_2019_508.pdf (hereinafter FEMA, “PA
Alternative Procedures Permanent Work Pilot”). Alternative Procedures Permanent Work Pilot”).
8890 The Sandy Recovery Improvement Act (SRIA; P.L. 113-2, 127 Stat. 39). The Public Assistance Program Alternative The Sandy Recovery Improvement Act (SRIA; P.L. 113-2, 127 Stat. 39). The Public Assistance Program Alternative
Procedures is codified at 42 U.S.C. §5189f; Stafford Act Section 403, 42 U.S.C. §5170b; Stafford Act Section 406, 42 Procedures is codified at 42 U.S.C. §5189f; Stafford Act Section 403, 42 U.S.C. §5170b; Stafford Act Section 406, 42
U.S.C. §5172; Stafford Act Section 407, 42 U.S.C. §5173; and Stafford Act Section 502, 42 U.S.C. §5192. U.S.C. §5172; Stafford Act Section 407, 42 U.S.C. §5173; and Stafford Act Section 502, 42 U.S.C. §5192.
~~89 FEMA, Public Assistance Program Alternative Procedures: Fiscal Year 2015 Report to Congress, November 12,~~
~~2015, p. 3, https://www.dhs.gov/sites/default/files/publications/~~
~~Federal%20Emergency%20Management%20Agency%20%28FEMA%29%20-~~
~~%20Public%20Assistance%20Program%20Alternative%20Procedures%20-%20Q1%20Status%20Report.pdf.~~
~~90 Stafford Act Section 428(d), 42 U.S.C. §5189f(d).~~
~~91 FEMA, PAPPG, pp. 188-189. For guidance for alternative procedures for debris removal, see FEMA, PAPPG, p.~~
~~101; and FEMA, “Public Assistance Alternative Procedures Pilot Program for Debris Removal,” FP 104-09-12,~~
~~https://www.fema.gov/media-library-data/1566415013468-ef2ae682ccafb18f32ca687e53046626/~~
~~PAAP_Debris_Guide_V7_6-28-2019_508.pdf.~~
~~92 FEMA, PAPPG, p. 189.~~
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Congressional Research Service 12 link to page 12 2020 Hurricane Season FAQ incentives for timely and cost-effective project completion.91 Participation in the Section 428 Program is voluntary; Applicants may utilize the program on a project-by-project basis.92 Use of the alternative procedures set forth in the Section 428 Program requires that the PA Applicant and FEMA agree on a fixed-cost estimate for permanent work projects.93 PA funding for those projects is then capped at the fixed estimate. If the actual costs of the project exceed this cap, the Applicant is responsible for the difference.94 If the actual project costs are below the fixed cost estimate, the Applicant may use the excess funds for other PA Program-related purposes cost estimate, the Applicant may use the excess funds for other PA Program-related purposes
authorized by FEMA.authorized by FEMA.9395 Section 428 Program funds may be used for a number of purposes, Section 428 Program funds may be used for a number of purposes,
including for eligible alternate projects and eligible improvements and mitigation projects on including for eligible alternate projects and eligible improvements and mitigation projects on
undamaged facilities.undamaged facilities.9496
Individual Assistance (IA)
When the President makes an emergency or major disaster declaration for hurricanes or other When the President makes an emergency or major disaster declaration for hurricanes or other
incidents under the Stafford Act, disaster survivors may receive assistance through FEMA’s incidents under the Stafford Act, disaster survivors may receive assistance through FEMA’s
Individual Assistance (IA) program.Individual Assistance (IA) program.9597
What assistance may FEMA provide to disaster survivors?
One form of IA—the Individuals and Households Program (IHP)—may be authorized pursuant to One form of IA—the Individuals and Households Program (IHP)—may be authorized pursuant to
an emergency declaration.an emergency declaration.9698 However, all forms of IA may be authorized pursuant to a major However, all forms of IA may be authorized pursuant to a major
disaster declaration, including (1) assistance for housing and for other needs assistance through disaster declaration, including (1) assistance for housing and for other needs assistance through
the Individuals and Households Program (IHP); (2) the Crisis Counseling Assistance and Training the Individuals and Households Program (IHP); (2) the Crisis Counseling Assistance and Training
Program; (3) Disaster Unemployment Assistance; (4) Disaster Legal Services; and (5) Disaster Program; (3) Disaster Unemployment Assistance; (4) Disaster Legal Services; and (5) Disaster
Case Management services, as summarized iCase Management services, as summarized in Table 1.9799 FEMA’s IA program also includes Mass 91 FEMA, Public Assistance Program Alternative Procedures: Fiscal Year 2015 Report to Congress, November 12, 2015, p. 3, https://www.dhs.gov/sites/default/files/publications/Federal%20Emergency%20Management%20Agency%20%28FEMA%29%20-%20Public%20Assistance%20Program%20Alternative%20Procedures%20-%20Q1%20Status%20Report.pdf. 92 Stafford Act Section 428(d), 42 U.S.C. §5189f(d). 93 FEMA, PAPPG, pp. 188-189. For guidance for alternative procedures for debris removal, see FEMA, PAPPG, p. 101; and FEMA, “Public Assistance Alternative Procedures Pilot Program for Debris Removal,” FP 104-09-12, https://www.fema.gov/media-library-data/1566415013468-ef2ae682ccafb18f32ca687e53046626/PAAP_Debris_Guide_V7_6-28-2019_508.pdf. 94 FEMA, PAPPG, p. 189. 95 FEMA, “PA Alternative Procedures Permanent Work Pilot,” p. 3. 96 ~~FEMA’s IA program also includes Mass~~
~~Care and Emergency Assistance, which involves the provision of life-sustaining services to~~
~~disaster survivors prior to, during, and following an incident through short-term recovery.98~~
~~The Individuals and Households Program (IHP) is the primary assistance program for providing~~
~~federal assistance to disaster survivors. It 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~~

~~93 FEMA, “PA Alternative Procedures Permanent Work Pilot,” p. 3.~~
94 A full list of eligible use of funds for Section 428 Program awards is available in FEMA, A full list of eligible use of funds for Section 428 Program awards is available in FEMA, PAPPG,, pp. 165-166. pp. 165-166.
9597 For more information on the Individual Assistance (IA) program, see CRS Report R46014, For more information on the Individual Assistance (IA) program, see CRS Report R46014, FEMA Individual
Assistance Programs: An Overview, by Elizabeth M. Webster. , by Elizabeth M. Webster.
9698 The Individuals and Households Program (IHP) is authorized under Stafford Act Section 408, and it may be The Individuals and Households Program (IHP) is authorized under Stafford Act Section 408, and it may be
authorized pursuant to an emergency declaration (Stafford Act Section 502(a)(6), 42 U.S.C. §5192(a)(6)). For more authorized pursuant to an emergency declaration (Stafford Act Section 502(a)(6), 42 U.S.C. §5192(a)(6)). For more
information on FEMA’s Individual Assistance program, see CRS Report R46014, information on FEMA’s Individual Assistance program, see CRS Report R46014, FEMA Individual Assistance
Programs: An Overview, by Elizabeth M. Webster. , by Elizabeth M. Webster.
9799 Assistance for these Individual Assistance (IA) programs is authorized under Stafford Act Sections 408 (Individuals Assistance for these Individual Assistance (IA) programs is authorized under Stafford Act Sections 408 (Individuals
and Households Program), 426 (Disaster Case Management), 416 (Crisis Counseling Assistance and Training and Households Program), 426 (Disaster Case Management), 416 (Crisis Counseling Assistance and Training
Program), 415 (Disaster Legal Services), and 410 (Disaster Unemployment Assistance); 42 U.S.C. §§5174, 5189d, Program), 415 (Disaster Legal Services), and 410 (Disaster Unemployment Assistance); 42 U.S.C. §§5174, 5189d,
5183, 5182, and 5177, respectively. See also 44 C.F.R. §§206.110-120 for information on the Individuals and 5183, 5182, and 5177, respectively. See also 44 C.F.R. §§206.110-120 for information on the Individuals and
Households Program, and 44 C.F.R. §206.171 (Crisis Counseling Assistance and Training Program), 44 C.F.R. Households Program, and 44 C.F.R. §206.171 (Crisis Counseling Assistance and Training Program), 44 C.F.R.
§206.164 (Disaster Legal Services), and 44 C.F.R. §206.141 (Disaster Unemployment Assistance). If the IHP is §206.164 (Disaster Legal Services), and 44 C.F.R. §206.141 (Disaster Unemployment Assistance). If the IHP is
authorized, applicants in a declared disaster area may register for FEMA IA and Small Business Administration (SBA) authorized, applicants in a declared disaster area may register for FEMA IA and Small Business Administration (SBA)
disaster loan assistance (additional information about the process by which applicants may receive IA is described in disaster loan assistance (additional information about the process by which applicants may receive IA is described in
~~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). For additional information about~~
~~FEMA Individual Assistance, see CRS Report R46014, FEMA Individual Assistance Programs: An Overview, by~~
~~Elizabeth M. Webster.~~
~~98 FEMA, Individual Assistance Program and Policy Guide (IAPPG), FP 104-009-03, March 2019, pp. 15-42,~~
~~https://www.fema.gov/media-library-data/1551713430046-1abf12182d2d5e622d16accb37c4d163/IAPPG.pdf~~
~~(hereinafter FEMA, IAPPG).~~
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~~assistance.99~~ Congressional Research Service 13 link to page 19 2020 Hurricane Season FAQ Care and Emergency Assistance, which involves the provision of life-sustaining services to disaster survivors prior to, during, and following an incident through short-term recovery.100 The Individuals and Households Program (IHP) is the primary assistance program for providing federal assistance to disaster survivors. It 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.101 The categories of IHP assistance are Housing Assistance and Other Needs Assistance The categories of IHP assistance are Housing Assistance and Other Needs Assistance
(ONA).(ONA).~~100~~102 Table 2 lists the types of FEMA Housing Assistance and ONA.lists the types of FEMA Housing Assistance and ONA.~~101~~103
Table 2. Types of Housing Assistance and Other Needs Assistance
Housing Assistance:
Housing Assistance:
ONA:
ONA:
Financial
Direct
SBA-Dependent
Non-SBA-Dependent
Lodging Expense Lodging Expense
Multifamily Lease and Multifamily Lease and
Personal Property Personal Property
Funeral Assistance Funeral Assistance
Reimbursement Reimbursement
Repair Repair
Moving and Storage Moving and Storage
Medical and Dental Medical and Dental
Rental Assistance Rental Assistance
Transportable Temporary Transportable Temporary
Transportation Assistance Assistance Transportation Assistance Assistance
Home Repair Assistance Home Repair Assistance
Housing Units Housing Units
Group Flood Insurance Group Flood Insurance
Childcare Assistance Childcare Assistance
Home Replacement Home Replacement
Direct Lease Direct Lease
Policy Policy
Assistance for Assistance for
Assistance Assistance
Permanent Housing Permanent Housing
Miscellaneous Items Miscellaneous Items
Construction Construction
Critical Needs Assistance Critical Needs Assistance
Clean and Removal Clean and Removal
Assistance Assistance
Source: FEMA, FEMA, Individual Assistance Program and Policy Guide (IAPPG), FP 104-009-03, March 2019, p. 7, , FP 104-009-03, March 2019, p. 7,
https://www.fema.gov/media-library-data/1551713430046-1abf12182d2d5e622d16accb37c4d163/IAPPG.pdf https://www.fema.gov/media-library-data/1551713430046-1abf12182d2d5e622d16accb37c4d163/IAPPG.pdf
(hereinafter FEMA, (hereinafter FEMA, IAPPG). ).
Notes: Other Needs Assistance (ONA) provides a grant of financial assistance for other disaster-related Other Needs Assistance (ONA) provides a grant of financial assistance for other disaster-related
necessary expenses and serious needs, and includes the subcategories of Small Business Administration (SBA)-necessary expenses and serious needs, and includes the subcategories of Small Business Administration (SBA)-
Dependent ONA and Non-SBA-Dependent ONA. FEMA and the SBA col aborate in determining applicant Dependent ONA and Non-SBA-Dependent ONA. FEMA and the SBA col aborate in determining applicant
eligibility for SBA-Dependent ONA. To receive SBA-Dependent types of ONA, applicants must first apply for an eligibility for SBA-Dependent ONA. To receive SBA-Dependent types of ONA, applicants must first apply for an
SBA disaster loan. SBA-Dependent ONA is only available to individuals or households who do not qualify for an SBA disaster loan. 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. Non-SBA-Dependent types of ONA may be SBA disaster loan or whose SBA disaster loan amount is insufficient. Non-SBA-Dependent types of ONA may be
awarded regardless of the individual or household’s SBA disaster loan status. For more information, see the awarded regardless of the individual or household’s SBA disaster loan status. For more information, see the
FEMA, FEMA, IAPPG, pp. 133 and 137. , pp. 133 and 137.
FEMA’s FEMA’s COVID-19 Pandemic Operational Guidance for the 2020 Hurricane Season states that states that
the agency “does not anticipate major changes in program eligibility, timeliness of grant awards, the agency “does not anticipate major changes in program eligibility, timeliness of grant awards,
~~or the level of assistance provided under the Individual and Households Program.”102 However,~~
~~some aspects of program administration are to change based on need for social distancing caused~~
~~by the COVID-19 pandemic. For example, although the standard mechanism for verifying loss~~
~~and determining IHP eligibility for programs, including Rental Assistance, Home Repair~~
~~Assistance, Home Replacement Assistance, and ONA for Personal Property and for~~
~~Miscellaneous Items, is an on-site inspection conducted by a FEMA inspector,103 due to the~~
~~COVID-19 pandemic, FEMA has stated that the agency will use remote inspection processes and~~
~~field work to evaluate damage, and has issued interim policy guidance to support such efforts.104~~

99 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). For additional information about FEMA Individual Assistance, see CRS Report R46014, FEMA Individual Assistance Programs: An Overview, by Elizabeth M. Webster. 100 FEMA, Individual Assistance Program and Policy Guide (IAPPG), FP 104-009-03, March 2019, pp. 15-42, https://www.fema.gov/media-library-data/1551713430046-1abf12182d2d5e622d16accb37c4d163/IAPPG.pdf (hereinafter FEMA, IAPPG). 101 Stafford Act Section 408, 42 U.S.C. §5174, and 44 C.F.R. §206.110(a); see also FEMA, Stafford Act Section 408, 42 U.S.C. §5174, and 44 C.F.R. §206.110(a); see also FEMA, IAPPG, p. 6, and FEMA, , p. 6, and FEMA,
“Individuals and Households Program Fact Sheet,” July 2019, https://www.fema.gov/media-library-data/“Individuals and Households Program Fact Sheet,” July 2019, https://www.fema.gov/media-library-data/
1571949706314-838a916aad698391afe34b45ac13100a/1_FACTSHEET_Individuals_and_Households_Program.pdf. 1571949706314-838a916aad698391afe34b45ac13100a/1_FACTSHEET_Individuals_and_Households_Program.pdf.
~~100~~102 Housing Assistance can provide either financial or direct assistance; all types of other needs assistance (ONA) are Housing Assistance can provide either financial or direct assistance; all types of other needs assistance (ONA) are
financial assistance. financial assistance.
~~101~~103 For more information on the types of Housing Assistance and ONA, see CRS Report R46014, For more information on the types of Housing Assistance and ONA, see CRS Report R46014, FEMA Individual
Assistance Programs: An Overview, by Elizabeth M. Webster. , by Elizabeth M. Webster.
~~102 FEMA, COVID-19 Operational Guidance for Hurricane Season, p. 15.~~
~~103 FEMA, IAPPG, p. 72.~~
~~104 See FEMA, “Pandemic Remote Inspection Process Individuals and Households Program Policy (Interim),” FP 104-~~
~~009-17, March 20, 2020, https://www.fema.gov/media-library-data/1586378468610-~~
f7dc6e2d4999f3e7906eb35ff14a76c8/RemoteInspectionProcess.pdf; see also, FEMA, COVID-19 Operational
~~Congressional Research Service~~

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~~2020 Hurricane Season FAQ~~

Congressional Research Service 14 2020 Hurricane Season FAQ or the level of assistance provided under the Individual and Households Program.”104 However, some aspects of program administration are to change based on need for social distancing caused by the COVID-19 pandemic. For example, although the standard mechanism for verifying loss and determining IHP eligibility for programs, including Rental Assistance, Home Repair Assistance, Home Replacement Assistance, and ONA for Personal Property and for Miscellaneous Items, is an on-site inspection conducted by a FEMA inspector,105 due to the COVID-19 pandemic, FEMA has stated that the agency will use remote inspection processes and field work to evaluate damage, and has issued interim policy guidance to support such efforts.106 In addition to on-site inspections, FEMA may also use other methods of verification, such as a In addition to on-site inspections, FEMA may also use other methods of verification, such as a
geospatial inspection or a review of documentation for losses that cannot be verified through an geospatial inspection or a review of documentation for losses that cannot be verified through an
inspection.inspection.~~105~~107
How can hurricane disaster survivors seek FEMA assistance safely during the
COVID-19 pandemic?
For most disasters, individuals can register for IHP assistance online at For most disasters, individuals can register for IHP assistance online at
https://www.DisasterAssistance.gov, by telephone at 800-621-FEMA, or in-person at a Disaster https://www.DisasterAssistance.gov, by telephone at 800-621-FEMA, or in-person at a Disaster
Recovery Center (DRC).Recovery Center (DRC).~~106~~108 Due to the COVID-19 pandemic, however, FEMA’s Due to the COVID-19 pandemic, however, FEMA’s COVID-19
Pandemic Operational Guidance for the 2020 Hurricane Season states that local, state, territorial, states that local, state, territorial,
and Indian tribal governments should “ensure the public is aware that the FEMA application and Indian tribal governments should “ensure the public is aware that the FEMA application
process may be virtual [including online and via phone] and not in-person due to health and process may be virtual [including online and via phone] and not in-person due to health and
safety considerations.”safety considerations.”~~107~~109 The use of DRCs or Disaster Survivor Assistance (DSA) teams is to be The use of DRCs or Disaster Survivor Assistance (DSA) teams is to be
determined based on the affected area’s phased reopening status and will be done in accordance determined based on the affected area’s phased reopening status and will be done in accordance
with the requirements of local public health officials and in accordance with the CDC’s with the requirements of local public health officials and in accordance with the CDC’s
guidance.guidance.~~108~~110
Other forms of IA use different application requirements and processes. Other forms of IA use different application requirements and processes.~~109~~111 For example, the For example, the
provision of Disaster Legal Services (DLS), does not include a formal application process for provision of Disaster Legal Services (DLS), does not include a formal application process for
disaster survivors. Instead, disaster survivors can access DLS via a toll-free number that is disaster survivors. Instead, disaster survivors can access DLS via a toll-free number that is
established when the program is activated.established when the program is activated.~~110~~112 Per FEMA’s guidance, “FEMA will ... coordinate Per FEMA’s guidance, “FEMA will ... coordinate
with federal and voluntary agency partners to promote digitally available disaster recovery with federal and voluntary agency partners to promote digitally available disaster recovery
~~resources, support, and referral services, as well as to ensure service delivery methods are~~
~~accessible and widely promoted for individuals with disabilities.”111~~
~~Is there a cap on the amount of assistance hurricane disaster survivors may be~~
~~eligible to receive through FEMA’s Individuals and Households Program?~~
~~The amount of IHP financial assistance an individual or household may receive is limited.112~~
~~Assistance for housing-related needs may not exceed $35,500 (FY2020; adjusted annually),113~~

Guidance for Hurricane Season, pp. 6, 15.
~~105 FEMA, IAPPG, p. 72.~~
~~106~~ 104 FEMA, COVID-19 Operational Guidance for Hurricane Season, p. 15. 105 FEMA, IAPPG, p. 72. 106 See FEMA, “Pandemic Remote Inspection Process Individuals and Households Program Policy (Interim),” FP 104-009-17, March 20, 2020, https://www.fema.gov/media-library-data/1586378468610-f7dc6e2d4999f3e7906eb35ff14a76c8/RemoteInspectionProcess.pdf; see also, FEMA, COVID-19 Operational Guidance for Hurricane Season, pp. 6, 15. 107 FEMA, IAPPG, p. 72. 108 FEMA, FEMA, IAPPG, p. 68. For more information on the application process for the Individuals and Households Program, , p. 68. For more information on the application process for the Individuals and Households Program,
see CRS Report R45238, 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. , by Bruce R. Lindsay and Elizabeth M. Webster.
~~107~~109 FEMA, FEMA, COVID-19 Operational Guidance for Hurricane Season, pp. 1-2, 11, 14. , pp. 1-2, 11, 14.
~~108~~110 FEMA, FEMA, COVID-19 Operational Guidance for Hurricane Season, pp. 14-15. , pp. 14-15.
~~109~~111 For example, the process by which individuals seek Disaster Unemployment Assistance depends on the For example, the process by which individuals seek Disaster Unemployment Assistance depends on the
requirements set forth by the state/territory unemployment insurance (UI) agency because the state/territory UI agency requirements set forth by the state/territory unemployment insurance (UI) agency because the state/territory UI agency
administers the program, when it is authorized. There are timely application requirements, as well as requirements that administers the program, when it is authorized. There are timely application requirements, as well as requirements that
the application provide proof of employment/self-employment/or work that was to begin on or after the first day of the the application provide proof of employment/self-employment/or work that was to begin on or after the first day of the
incident period; applicants must also satisfy conditions of eligibility. FEMA, incident period; applicants must also satisfy conditions of eligibility. FEMA, IAPPG, pp. 222-224. , pp. 222-224.
~~110~~112 FEMA, IAPPG, p. 220. Congressional Research Service 15 link to page 13 2020 Hurricane Season FAQ resources, support, and referral services, as well as to ensure service delivery methods are accessible and widely promoted for individuals with disabilities.”113 Is there a cap on the amount of assistance hurricane disaster survivors may be eligible to receive through FEMA’s Individuals and Households Program? The amount of IHP financial assistance an individual or household may receive is limited.114 Assistance for housing-related needs may not exceed $35,500 (FY2020; adjusted annually),115 and assistance for ONA may not exceed $35,500 (FY2020; adjusted annually).116 The exceptions are that financial assistance to rent alternate housing accommodations117 ~~FEMA, IAPPG, p. 220.~~
~~111 FEMA, COVID-19 Operational Guidance for Hurricane Season, pp. 14-15.~~
~~112 FEMA financial assistance is subject to a cap for both Housing Assistance and ONA. The maximum amount of~~
~~financial assistance does not apply to FEMA IHP direct assistance.~~
~~113 42 U.S.C. §5174(h)(1); 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~~
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~~link to page 13~~ ~~2020 Hurricane Season FAQ~~

~~and assistance for ONA may not exceed $35,500 (FY2020; adjusted annually).114 The exceptions~~
~~are that financial assistance to rent alternate housing accommodations115~~ and financial assistance and financial assistance
for accessibility-related real and personal property costs are not subject to the cap.for accessibility-related real and personal property costs are not subject to the cap.~~116~~118 IHP IHP
recipients may not receive unlimited financial assistance; unlike insurance, IHP assistance is not recipients may not receive unlimited financial assistance; unlike insurance, IHP assistance is not
intended to make disaster survivors whole again.intended to make disaster survivors whole again.~~117~~119 Instead, it is intended to meet basic needs— Instead, it is intended to meet basic needs—
not to return primary residences or property to their pre-disaster condition or cover all disaster-not to return primary residences or property to their pre-disaster condition or cover all disaster-
caused losses.caused losses.~~118~~120
What support may FEMA provide with the evacuation of disaster survivors?
FEMA FEMA ~~is to support~~supports the sheltering efforts of state, territory, or Indian tribal governments, the sheltering efforts of state, territory, or Indian tribal governments,
including by coordinating with other federal agencies, host jurisdictions (i.e., jurisdictions that including by coordinating with other federal agencies, host jurisdictions (i.e., jurisdictions that
will shelter evacuees) and other partners, such as nongovernmental organizations (NGOs), to will shelter evacuees) and other partners, such as nongovernmental organizations (NGOs), to
deliver life-saving services to disaster survivors.deliver life-saving services to disaster survivors.~~119~~121 Mass Care/Emergency Assistance services are Mass Care/Emergency Assistance services are
usually funded under Stafford Act Section 403 (commonly referred to as Public Assistance usually funded under Stafford Act Section 403 (commonly referred to as Public Assistance
Category B—Emergency Protective Measures) and are subject to the applicable cost share.Category B—Emergency Protective Measures) and are subject to the applicable cost share.~~120~~122
Additionally, FEMA’s Additionally, FEMA’s COVID-19 Pandemic Operational Guidance for the 2020 Hurricane
Season encourages local, state, territorial, and Indian tribal governments to plan for how the encourages local, state, territorial, and Indian tribal governments to plan for how the
~~health and safety requirements caused by the COVID-19 pandemic—specifically the need for~~
~~social distancing—may affect operations. With regard to evacuation planning, the guidance~~
~~recommends that local, state, territorial, and Indian tribal governments review their evacuation~~
~~plans. The guidance also provides planning considerations; for example, regarding the extra time~~
~~that may be needed to evacuate people using mass transit options, such as buses, due to the need~~
~~for social distancing; COVID-19-related restrictions that are in place along evacuation routes; and~~
~~targeting evacuation orders and messaging to reduce voluntary evacuations.121~~
~~What support may FEMA provide to shelter disaster survivors?~~
~~FEMA supports the emergency sheltering efforts of local, state, territorial, and Indian tribal~~
~~governments, including through deploying equipment and supplies, as well as FEMA personnel,~~

113 FEMA, COVID-19 Operational Guidance for Hurricane Season, pp. 14-15. 114 FEMA financial assistance is subject to a cap for both Housing Assistance and ONA. The maximum amount of financial assistance does not apply to FEMA IHP direct assistance. 115 42 U.S.C. §5174(h)(1); 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. changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor (42 U.S.C.
§5174(h)(3)). §5174(h)(3)).
~~114~~116 42 U.S.C. §5174(h)(2); FEMA, “Notice of Maximum Amount of Assistance.” Additionally, ONA assistance may be 42 U.S.C. §5174(h)(2); FEMA, “Notice of Maximum Amount of Assistance.” Additionally, ONA assistance may be
somewhat limited because some ONA-eligible items and amounts available to be awarded are predetermined by FEMA 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. and the state, territorial, or Indian tribal government.
~~115~~117 42 U.S.C. §5174(h)(1). 42 U.S.C. §5174(h)(1).
~~116~~118 42 U.S.C. §5174(h)(4)(A) and (B). 42 U.S.C. §5174(h)(4)(A) and (B).
~~117~~119 Disaster survivors may also apply for other forms of assistance. For example, Small Business Administration (SBA) Disaster survivors may also apply for other forms of assistance. For example, Small Business Administration (SBA)
disaster loans (described in the “Small Business Administration (SBA) Disaster Loan Program” section, below) may disaster loans (described in the “Small Business Administration (SBA) Disaster Loan Program” section, below) may
allow homeowners with uninsured or underinsured losses to apply for a loan to repair or replace their primary allow homeowners with uninsured or underinsured losses to apply for a loan to repair or replace their primary
residence. residence.
~~118~~120 FEMA, FEMA, IAPPG, pp. 6, 86, 152. , pp. 6, 86, 152.
~~119~~121 FEMA, FEMA, IAPPG, p. 38. The , p. 38. The IAPPG provides evacuation considerations related to mass evacuee support (a form of provides evacuation considerations related to mass evacuee support (a form of
mass care) that may be provided following a Stafford Act declaration at the request of the state, territory, or Indian mass care) that may be provided following a Stafford Act declaration at the request of the state, territory, or Indian
tribal government. FEMA, tribal government. FEMA, IAPPG, pp. 15, and 37-39. , pp. 15, and 37-39.
~~120~~122 FEMA, FEMA, IAPPG, pp. 15-16. Such assistance may be provided via Direct Federal Assistance (DFA). For more , pp. 15-16. Such assistance may be provided via Direct Federal Assistance (DFA). For more
information, see the information, see the “Is there a ~~non-federal~~nonfederal cost share for the PA program? Can it be adjusted?” section, above. section, above.
~~121 The complete list of evacuation considerations can be found in FEMA,~~ ~~COVID-19 Operational Guidance for~~
~~Hurricane Season~~.
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~~link to page 13 link to page 13 link to page 18 link to page 18~~ ~~2020 Hurricane Season FAQ~~

~~to support the provision of services in congregate and non-congregate settings.122~~ Congressional Research Service 16 link to page 13 link to page 13 2020 Hurricane Season FAQ health and safety requirements caused by the COVID-19 pandemic—specifically the need for social distancing—may affect operations. With regard to evacuation planning, the guidance recommends that local, state, territorial, and Indian tribal governments review their evacuation plans. The guidance also provides planning considerations; for example, regarding the extra time that may be needed to evacuate people using mass transit options, such as buses, due to the need for social distancing; COVID-19-related restrictions that are in place along evacuation routes; and targeting evacuation orders and messaging to reduce voluntary evacuations.123 What support may FEMA provide to shelter disaster survivors? FEMA supports the emergency sheltering efforts of local, state, territorial, and Indian tribal governments, including through deploying equipment and supplies, as well as FEMA personnel, to support the provision of services in congregate and non-congregate settings.124 Generally, Generally,
emergency sheltering is funded under the Stafford Act Section 403 (commonly referred to as emergency sheltering is funded under the Stafford Act Section 403 (commonly referred to as
Public Assistance Category B—Emergency Protective Measures) and is subject to the applicable Public Assistance Category B—Emergency Protective Measures) and is subject to the applicable
cost share (for more information, see the cost share (for more information, see the “Is there a ~~non-federal~~nonfederal cost share for the PA program?
Can it be adjusted?” section, above).section, above).~~123~~125 FEMA also provides emergency sheltering assistance FEMA also provides emergency sheltering assistance
options through both the Public Assistance and Individual Assistance programs. options through both the Public Assistance and Individual Assistance programs.
ToFEMA has issued interim policy guidance to meet the emergency shelter needs of disaster survivors during the COVID-19 pandemic meet the emergency shelter needs of disaster survivors during the COVID-19 pandemic ~~while~~
~~also ensuring appropriate social distancing, FEMA has~~ . It authorizes non-congregate sheltering (i.e., sheltering that affords privacy, such as dormitories, hotels, and motels, to include cleaning and disinfection) as an eligible emergency protective measure when needed, if it is the legal responsibility of the PA Applicant.126 The policy is applicable for all Stafford Act declared incidents between June 1 and December 31, 2020, beginning six days prior to and up to thirty days following an incident (unless FEMA approves an extension).127 In other COVID-19-related guidance, FEMA has also acknowledged the increased need for non-acknowledged the increased need for non-
congregate emergency sheltering, and has stated that it congregate emergency sheltering, and has stated that it
will work with SLTT [state, local, tribal, and territorial] partners to provide greater will work with SLTT [state, local, tribal, and territorial] partners to provide greater
flexibility for the eligibility of both congregate and non-congregate options for flexibility for the eligibility of both congregate and non-congregate options for
reimbursement under the PA [Public Assistance] program.reimbursement under the PA [Public Assistance] program.~~124~~128 FEMA’s guidance, regarding the use of non-congregate shelters during the 2020 hurricane season, says 123 The complete list of evacuation considerations can be found in FEMA, COVID-19 Operational Guidance for Hurricane Season. 124 FEMA, IAPPG, p. 18. Per the IAPPG, “FEMA MC/EA [Mass Care/Emergency Assistance] deploys equipment, materials, supplies, and personnel to support disaster-affected jurisdictions in providing life-sustaining services in congregate and non-congregate facilities that provide a secure and sanitary environment for displaced survivors. This support includes providing a safe, sanitary, and secure place for evacuees and disaster survivors to stay while displaced from their homes.... ” 125 FEMA, IAPPG, p. 19. 126 FEMA, “FEMA Emergency Non-Congregate Sheltering During the COVID-19 Public Health Emergency (Interim),” FEMA Policy 104-009-18, June 17, 2020, https://www.fema.gov/media-library-data/1592489053244-179ccfba96c36d22d32f9cbbea0108bf/fema_public_assistance_non_covid-19_NCS_Policy.pdf (hereinafter FEMA, “Emergency Non-Congregate Sheltering During the COVID-19 Interim Policy”). 127 FEMA, “Emergency Non-Congregate Sheltering During the COVID-19 Interim Policy,” p. 2. For more information on potential emergency sheltering options, see CRS Insight IN11440, Potential FEMA Emergency Sheltering Options During the COVID-19 Pandemic, by Elizabeth M. Webster and Erica A. Lee. 128 FEMA, COVID-19 Operational Guidance for Hurricane Season, p. 13. Congressional Research Service 17 link to page 18 link to page 18 2020 Hurricane Season FAQ
~~FEMA’s guidance, regarding the use of non-congregate shelters during the 2020 hurricane~~
~~season, says~~
[i]n an emergency or major disaster declaration that authorizes Public Assistance (PA), [i]n an emergency or major disaster declaration that authorizes Public Assistance (PA),
Category B, Emergency Protective Measures, FEMA will adjust polices to allow SLTTs Category B, Emergency Protective Measures, FEMA will adjust polices to allow SLTTs
to execute non-congregate sheltering in the initial days of an incident. Non-congregate to execute non-congregate sheltering in the initial days of an incident. Non-congregate
shelters include, but are not limited to, hotels, motels, andshelters include, but are not limited to, hotels, motels, and dormitories. FEMA Regional dormitories. FEMA Regional
Administrators will have delegated authority to approve requests for non-congregate Administrators will have delegated authority to approve requests for non-congregate
sheltering for hurricane-specific disasters for the 2020 season.sheltering for hurricane-specific disasters for the 2020 season.~~125~~129
Another emergency sheltering solution that FEMA may authorize is Transitional Sheltering Another emergency sheltering solution that FEMA may authorize is Transitional Sheltering
Assistance (TSA),Assistance (TSA),130 which provides temporary hotel/motel accommodations for which provides temporary hotel/motel accommodations for eligible disaster survivors disaster survivors
transitioning from transitioning from ~~emergency shelters (such as~~ congregate or non-congregate congregate or non-congregate ~~emergency shelters)~~
shelters to temporary or permanent housing solutions.to temporary or permanent housing solutions.~~126~~ FEMA’s interim policy guidance also describes the information that PA Applicants should collect to ease the transition from non-congregate sheltering to TSA during COVID-19.131 The state, territorial, or Indian tribal government The state, territorial, or Indian tribal government
must request must request and be approved for TSA.132~~TSA.127~~ When activated, TSA authorizes assistance under Sections 403 or 502, and When activated, TSA authorizes assistance under Sections 403 or 502, and
408, of the Stafford Act.408, of the Stafford Act.~~128~~133 However, it is funded under Section 403 of the Stafford Act and is However, it is funded under Section 403 of the Stafford Act and is
subject to PA regulations on cost-share.subject to PA regulations on cost-share.~~129~~
134 FEMA issues disaster-specific guidance when TSA is authorized.135 The guidance includes TSA eligibility and program implementation information.136 Other housing assistance may be made available depending on the unmet needs of disaster Other housing assistance may be made available depending on the unmet needs of disaster
survivors.survivors.~~130~~137 For example, a form of short-term sheltering support that is provided by FEMA to For example, a form of short-term sheltering support that is provided by FEMA to
disaster survivors through the Individual Assistance—Individuals and Households Program is disaster survivors through the Individual Assistance—Individuals and Households Program is
Lodging Expense Reimbursement (LER). LER provides funding for out-of-pocket hotel, motel, Lodging Expense Reimbursement (LER). LER provides funding for out-of-pocket hotel, motel,

~~122 FEMA, IAPPG, p. 18. Per the IAPPG, “FEMA MC/EA [Mass Care/Emergency Assistance] deploys equipment,~~
~~materials, supplies, and personnel to support disaster-affected jurisdictions in providing life-sustaining services in~~
~~congregate and non-congregate facilities that provide a secure and sanitary environment for displaced survivors. This~~
~~support includes providing a safe, sanitary, and secure place for evacuees and disaster survivors to stay while displaced~~
~~from their homes.... ”~~
~~123 FEMA, IAPPG, p. 19.~~
~~124 FEMA, COVID-19 Operational Guidance for Hurricane Season, p. 13.~~
~~125 FEMA, COVID-19 Operational Guidance for Hurricane Season, p. 12.~~
~~126~~or other short-term lodging costs, including taxes, when the applicant is displaced from their primary residence because it is uninhabitable or inaccessible.138 Additionally, although it is not a form of emergency sheltering assistance provided by FEMA, the agency has advocated for evacuees to shelter with friends or family outside of the evacuation zone.139 In addition to non-congregate solutions, FEMA has acknowledged that some congregate sheltering (e.g., a facility with a large, open space such as a school, church, or community center) will be necessary.140 FEMA has stated that it will support its local, state, territorial, tribal government and nonprofit organizations, consistent with public health guidance.141 129 FEMA, COVID-19 Operational Guidance for Hurricane Season, p. 12. 130 FEMA, “Transitional Sheltering Assistance,” last updated February 8, 2020, https://www.fema.gov/transitional- FEMA, “Transitional Sheltering Assistance,” last updated February 8, 2020, https://www.fema.gov/transitional-
shelter-assistance (hereinafter FEMA, “TSA”). shelter-assistance (hereinafter FEMA, “TSA”).
~~127~~131 FEMA, “Emergency Non-Congregate Sheltering During the COVID-19 Interim Policy,” p. 8. 132 FEMA, FEMA, COVID-19 Operational Guidance for Hurricane Season, p. 12. , p. 12.
~~128~~133 FEMA, “TSA.” FEMA, “TSA.”
~~129~~134 According to FEMA’s website on the TSA program, it does not count toward the IHP financial assistance maximum According to FEMA’s website on the TSA program, it does not count toward the IHP financial assistance maximum
award. FEMA, “TSA.” award. FEMA, “TSA.”
~~130~~135 FEMA, “TSA.” 136 FEMA, “TSA.” 137 For more information on the types of FEMA housing assistance, see the For more information on the types of FEMA housing assistance, see the “What assistance may FEMA provide to
disaster survivors?” section, above. section, above.
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~~or other short-term lodging costs, including taxes, when the applicant is displaced from their~~
~~primary residence because it is uninhabitable or inaccessible.131 Additionally, although it is not a~~
~~form of emergency sheltering assistance provided by FEMA, the agency has advocated for~~
~~evacuees to shelter with friends or family outside of the evacuation zone.132~~
~~In addition to non-congregate solutions, FEMA has acknowledged that some congregate~~
~~sheltering (e.g., a facility with a large, open space such as a school, church, or community center)~~
~~will be necessary.133 FEMA has stated that it will support its local, state, territorial, tribal~~
~~government and nonprofit organizations, consistent with public health guidance.134~~138 FEMA, IAPPG, pp. 78-79. See the FEMA IAPPG for limitations and exceptions. 139 FEMA response to Q&A during NOAA, “2020 Atlantic Hurricane Season Outlook,” teleconference, May 21, 2020. 140 FEMA, PAPPG, p. 120. The PAPPG provides information on eligible sheltering costs, including related to the facility, staffing, supplies and commodities, and services. 141 FEMA, COVID-19 Operational Guidance for Hurricane Season, p. 12; and FEMA response to Q&A during NOAA, “2020 Atlantic Hurricane Season Outlook,” teleconference, May 21, 2020. Congressional Research Service 18 2020 Hurricane Season FAQ
FEMA’s FEMA’s COVID-19 Pandemic Operational Guidance for the 2020 Hurricane Season encourages encourages
local, state, territorial, and Indian tribal governments to plan for the provision of sheltering local, state, territorial, and Indian tribal governments to plan for the provision of sheltering
support in the context of the COVID-19 pandemic and the need for social distancing.support in the context of the COVID-19 pandemic and the need for social distancing.~~135~~142 Planning Planning
efforts should include considerations for what services may be provided in accordance with efforts should include considerations for what services may be provided in accordance with
public health guidance and based on the availability of volunteers and organizations that support public health guidance and based on the availability of volunteers and organizations that support
shelter services.shelter services.~~136~~143 FEMA’s guidance also states that local, state, territorial, and tribal FEMA’s guidance also states that local, state, territorial, and tribal
governments should ensure their sheltering plans adequately incorporate non-congregate governments should ensure their sheltering plans adequately incorporate non-congregate
sheltering, and outline a transition from non-congregate sheltering to alternate options.sheltering, and outline a transition from non-congregate sheltering to alternate options.~~137~~144
There may be some challenges to providing non-congregate sheltering support. For example, in a There may be some challenges to providing non-congregate sheltering support. For example, in a
recent recent New York Times article, Trevor Riggen, the senior vice president for disaster services for article, Trevor Riggen, the senior vice president for disaster services for
the American Red Cross, identified as potential challenges finding sufficient hotel rooms and the American Red Cross, identified as potential challenges finding sufficient hotel rooms and
providing food and supplies to disbursed disaster survivors.providing food and supplies to disbursed disaster survivors.~~138~~145
Will a decrease in volunteers and nonprofit organization assistance caused by
the risk of COVID-19 affect the delivery of mass care/emergency assistance?
Volunteers from NGOs play a significant role in supporting emergency sheltering. However, Volunteers from NGOs play a significant role in supporting emergency sheltering. However,
during the COVID-19 pandemic, the need for social distancing and the risk posed to volunteers during the COVID-19 pandemic, the need for social distancing and the risk posed to volunteers
working with populations at high risk for COVID-19 may make it difficult to provide emergency working with populations at high risk for COVID-19 may make it difficult to provide emergency
sheltering support services. A May 2020 sheltering support services. A May 2020 New York Times article quoted Greg Forrester, the article quoted Greg Forrester, the
president of the National Voluntary Organizations Active in Disasters (VOAD), as stating, when president of the National Voluntary Organizations Active in Disasters (VOAD), as stating, when
asked about “how disaster relief efforts can meet the usual demand with half as many people,” asked about “how disaster relief efforts can meet the usual demand with half as many people,”

~~131 FEMA, IAPPG, pp. 78-79. See the FEMA IAPPG for limitations and exceptions.~~
~~132 FEMA response to Q&A during NOAA, “2020 Atlantic Hurricane Season Outlook,” teleconference, May 21, 2020.~~
~~133 FEMA, PAPPG, p. 120. The PAPPG provides information on eligible sheltering costs, including related to the~~
~~facility, staffing, supplies and commodities, and services.~~
~~134 FEMA, COVID-19 Operational Guidance for Hurricane Season, p. 12; and FEMA response to Q&A during~~
~~NOAA, “2020 Atlantic Hurricane Season Outlook,” teleconference, May 21, 2020.~~
~~135~~that “[y]ou won’t.”146 The article reported that organizations, such as the Salvation Army, Habitat for Humanity, and the American Red Cross expect to deploy fewer volunteers.147 FEMA’s guidance notes that local, state, territorial, tribal governments should ensure their sheltering plans consider alternate staffing options in the event volunteers are unavailable.148 National Flood Insurance Program (NFIP) The National Flood Insurance Program (NFIP) offers primary flood insurance to properties with significant flood risk, and reduces flood risk through the adoption of floodplain management standards. Communities volunteer to participate in the NFIP in order to have access to federal flood insurance, and in return are required to adopt minimum standards.149 142 FEMA has encouraged the use of the Emergency Management Performance Grant Supplemental funding (EMPG-S) FEMA has encouraged the use of the Emergency Management Performance Grant Supplemental funding (EMPG-S)
to adapt emergency and disaster response and recovery plans for the COVID-19 environment. FEMA, to adapt emergency and disaster response and recovery plans for the COVID-19 environment. FEMA, COVID-19
Operational Guidance for Hurricane Season, p. 2; and Department of Homeland Security (DHS), “Fiscal Year 2020 , p. 2; and Department of Homeland Security (DHS), “Fiscal Year 2020
Emergency Management Performance Grant Program (EMPG-S) COVID-19 Supplemental,” fact sheet, Emergency Management Performance Grant Program (EMPG-S) COVID-19 Supplemental,” fact sheet,
https://www.fema.gov/media-library-data/1586548278007-3bf1e643add0fa132e30e20ff2c96e0c/FY_2020_EMPG-https://www.fema.gov/media-library-data/1586548278007-3bf1e643add0fa132e30e20ff2c96e0c/FY_2020_EMPG-
S_NOFO_Final_508ML.pdf. S_NOFO_Final_508ML.pdf.
~~136~~143 FEMA, FEMA, COVID-19 Operational Guidance for Hurricane Season, p. 19. , p. 19.
~~137~~144 FEMA, FEMA, COVID-19 Operational Guidance for Hurricane Season, p. 12. , p. 12.
~~138~~145 Christopher Flavelle, “As Natural Disasters Strike, a New Fear: Relief Shelters May Spread Virus,” Christopher Flavelle, “As Natural Disasters Strike, a New Fear: Relief Shelters May Spread Virus,” New York
Times, March 21, 2020, https://www.nytimes.com/2020/03/21/climate/virus-fema-disaster-aid-shelter.html. , March 21, 2020, https://www.nytimes.com/2020/03/21/climate/virus-fema-disaster-aid-shelter.html.
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~~that “[y]ou won’t.”139 The article reported that organizations, such as the Salvation Army, Habitat~~
~~for Humanity, and the American Red Cross expect to deploy fewer volunteers.140~~
~~FEMA’s guidance notes that local, state, territorial, tribal governments should ensure their~~
~~sheltering plans consider alternate staffing options in the event volunteers are unavailable.141~~
~~National Flood Insurance Program (NFIP)~~
~~The National Flood Insurance Program (NFIP) offers primary flood insurance to properties with~~
~~significant flood risk, and reduces flood risk through the adoption of floodplain management~~
~~standards. Communities volunteer to participate in the NFIP in order to have access to federal~~
~~flood insurance, and in return are required to adopt minimum standards.142~~146 Christopher Flavelle, “Virus Crisis Exposes Cascading Weaknesses in U.S. Disaster Response,” New York Times, May 22, 2020, https://www.nytimes.com/2020/05/22/climate/fema-volunteer-disaster-response.html. 147 Flavelle, “Virus Crisis Exposes Weaknesses in Disaster Response.” 148 FEMA, COVID-19 Operational Guidance for Hurricane Season, p. 13. 149 For more information on the National Flood Insurance Program (NFIP), see CRS Report R44593, Introduction to Congressional Research Service 19 2020 Hurricane Season FAQ
What is the status of the NFIP? What happens if it isn’t reauthorized?
Since the end of FY2017, 15 short-term NFIP reauthorizations have been enacted. Since the end of FY2017, 15 short-term NFIP reauthorizations have been enacted.~~143~~150 The NFIP is The NFIP is
currently authorized until September 30, 2020.currently authorized until September 30, 2020.~~144~~151 Unless reauthorized or amended by Congress, Unless reauthorized or amended by Congress,
the following will occur after September 30, 2020: the following will occur after September 30, 2020:
 The authority to provide  The authority to provide new flood insurance contracts will expire. flood insurance contracts will expire.~~145~~152 Flood Flood
insurance contracts entered into before the expiration would continue until the insurance contracts entered into before the expiration would continue until the
end of their policy term of one year. end of their policy term of one year.
 The authority for NFIP to borrow funds from the Treasury will be reduced from  The authority for NFIP to borrow funds from the Treasury will be reduced from
$30.425 billion to $1 billion. $30.425 billion to $1 billion.~~146~~153
If there were to be a lapse in authorization on or after September 30, 2020, and the borrowing If there were to be a lapse in authorization on or after September 30, 2020, and the borrowing
authority is reduced to $1 billion, FEMA would continue to adjust and pay claims as premium authority is reduced to $1 billion, FEMA would continue to adjust and pay claims as premium
dollars come into the National Flood Insurance Fund (NFIF) and reserve fund. If the funds dollars come into the National Flood Insurance Fund (NFIF) and reserve fund. If the funds
available to pay claims were to be depleted, claims would have to wait until sufficient premiums available to pay claims were to be depleted, claims would have to wait until sufficient premiums
were received to pay them unless Congress were to appropriate supplemental funds to the NFIP to were received to pay them unless Congress were to appropriate supplemental funds to the NFIP to
pay claims or increase the borrowing limit. pay claims or increase the borrowing limit.
Does there have to be a disaster declaration in order to claim on flood
insurance?
No, an NFIP policy is an insurance contract and a policyholder can claim for any covered flood. No, an NFIP policy is an insurance contract and a policyholder can claim for any covered flood.
Policyholders can file insurance claims as soon as they can safely go back to the property, by Policyholders can file insurance claims as soon as they can safely go back to the property, by
contacting the insurer who sold them the policy, not FEMA. (Most NFIP policies are sold and contacting the insurer who sold them the policy, not FEMA. (Most NFIP policies are sold and
serviced by private companies, and policyholders may not even realize it is an NFIP policy.) The serviced by private companies, and policyholders may not even realize it is an NFIP policy.) The

~~139 Christopher Flavelle, “Virus Crisis Exposes Cascading Weaknesses in U.S. Disaster Response,” New York Times,~~
~~May 22, 2020, https://www.nytimes.com/2020/05/22/climate/fema-volunteer-disaster-response.html.~~
~~140 Flavelle, “Virus Crisis Exposes Weaknesses in Disaster Response.”~~
~~141 FEMA, COVID-19 Operational Guidance for Hurricane Season, p. 13.~~
~~142 For more information on the National Flood Insurance Program (NFIP), see CRS Report R44593,~~ ~~Introduction to~~
~~the National Flood Insurance Program (NFIP), by Diane P. Horn and Baird Webel.~~
~~143 For more information, see CRS Insight IN10835,~~ ~~What Happens If the National Flood Insurance Program (NFIP)~~
~~Lapses?, by Diane P. Horn.~~
~~144 The Consolidated Appropriations Act, 2020 (P.L. 116-93).~~
~~145 42 U.S.C. §4026.~~
~~146 42 U.S.C. §4016(a).~~
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~~NFIP has guidelines147~~NFIP has guidelines154 on what to do when cleaning up: document everything before starting to on what to do when cleaning up: document everything before starting to
clean up (photos and/or videos); make a list of damaged contents and their location in the home; clean up (photos and/or videos); make a list of damaged contents and their location in the home;
separate damaged property from undamaged property if possible; and list areas of building separate damaged property from undamaged property if possible; and list areas of building
damage. Normally, policyholders have 60 days to submit proof of loss in support of a claim. damage. Normally, policyholders have 60 days to submit proof of loss in support of a claim.
Can I buy flood insurance when a hurricane or flood is forecast to hit?
Flood insurance can be purchased at any time, but there is a 30-day waiting period before most Flood insurance can be purchased at any time, but there is a 30-day waiting period before most
policies take effect, with some exceptions.policies take effect, with some exceptions.~~148~~155 There is no waiting period: (1) if you buy flood There is no waiting period: (1) if you buy flood
insurance in connection with making, increasing, or renewing your mortgage loan; or (2) if you insurance in connection with making, increasing, or renewing your mortgage loan; or (2) if you
select additional insurance as an option on your flood insurance policy renewal bill. There is a select additional insurance as an option on your flood insurance policy renewal bill. There is a
one-day waiting period if your building is newly designated in a Special Flood Hazard Area one-day waiting period if your building is newly designated in a Special Flood Hazard Area
(SFHA)(SFHA)~~149~~156 and you buy flood insurance within the 13-month period following a map revision. the National Flood Insurance Program (NFIP), by Diane P. Horn and Baird Webel. 150 For more information, see CRS Insight IN10835, What Happens If the National Flood Insurance Program (NFIP) Lapses?, by Diane P. Horn. 151 The Consolidated Appropriations Act, 2020 (P.L. 116-93). 152 42 U.S.C. §4026. 153 42 U.S.C. §4016(a). 154 See FEMA, How Do I Start My Flood Claim? https://www.fema.gov/nfip-file-your-claim. 155 See FEMA, Don’t Wait: Buy Flood Insurance Today, https://www.fema.gov/news-release/2018/05/01/dont-wait-buy-flood-insurance-today. 156 A Special Flood Hazard Area (SFHA) is defined by FEMA as an area with a 1% or greater risk of flooding every Congressional Research Service 20 2020 Hurricane Season FAQ ~~and you buy flood insurance within the 13-month period following a map revision.~~
What is the financial status of the NFIP?
As of April 30, 2020, the NFIP had $6.147 billion available ($4.676 billion in the National Flood As of April 30, 2020, the NFIP had $6.147 billion available ($4.676 billion in the National Flood
Insurance Insurance ~~Fund150~~Fund157 and $1.472 billion in the reserve fund), and $1.472 billion in the reserve fund),~~151~~158 as well as $9.9 billion of borrowing as well as $9.9 billion of borrowing
authority from the Treasury and up to $2.53 billion of reinsurance. The NFIP did not have to authority from the Treasury and up to $2.53 billion of reinsurance. The NFIP did not have to
borrow from the Treasury in 2019 and did not claim on any reinsurance. borrow from the Treasury in 2019 and did not claim on any reinsurance.
Hazard Mitigation Assistance (HMA)
The majority of funding in the United States for both pre- and post-disaster mitigation comes The majority of funding in the United States for both pre- and post-disaster mitigation comes
from FEMA, which administers three hazard mitigation grant programs, which are collectively from FEMA, which administers three hazard mitigation grant programs, which are collectively
referred to as Hazard Mitigation Assistance (HMA): the Hazard Mitigation Grant Program referred to as Hazard Mitigation Assistance (HMA): the Hazard Mitigation Grant Program
(HMGP), the Pre-Disaster Mitigation Grant Program (PDM), and the Flood Mitigation Assistance (HMGP), the Pre-Disaster Mitigation Grant Program (PDM), and the Flood Mitigation Assistance
Grant Program (FMA).Grant Program (FMA).~~152~~159
Hazard Mitigation Grant Program (HMGP)
The Hazard Mitigation Grant Program (HMGP) is authorized by Section 404 of the Stafford Act The Hazard Mitigation Grant Program (HMGP) is authorized by Section 404 of the Stafford Act
(42 U.S.C. §5170c). A key purpose of HMGP is to ensure that the opportunity to reduce the risk (42 U.S.C. §5170c). A key purpose of HMGP is to ensure that the opportunity to reduce the risk
of loss of life and property from future disasters is not lost during the reconstruction process of loss of life and property from future disasters is not lost during the reconstruction process
following a disaster.following a disaster.~~153~~160 Eligible applicants include the emergency management agency or similar Eligible applicants include the emergency management agency or similar
organization of states, territorial governments, the District of Columbia, and federally recognized organization of states, territorial governments, the District of Columbia, and federally recognized

~~147 See FEMA, How Do I Start My Flood Claim? https://www.fema.gov/nfip-file-your-claim.~~
~~148 See FEMA, Don’t Wait: Buy Flood Insurance Today, https://www.fema.gov/news-release/2018/05/01/dont-wait-~~
~~buy-flood-insurance-today.~~
~~149 A Special Flood Hazard Area (SFHA) is defined by FEMA as an area with a 1% or greater risk of flooding every~~
~~year.~~
~~150 The National Flood Insurance Fund is authorized by 42 U.S.C. §4017.~~
~~151 Section 100212 of P.L. 112-141, 126 Stat. 992, as codified at 42 U.S.C. §4017a.~~
~~152~~tribes. Local governments and private nonprofit organizations are eligible sub-applicants. Individuals and businesses cannot apply directly for HMGP funding, but an eligible applicant or sub-applicant can apply on their behalf.161 How much HMGP funding will a state get after a disaster? HMGP assistance is triggered by a major disaster declaration from the President or a Fire Management Assistance Grant (FMAG). HMGP funding is awarded as a formula grant to a state based on the estimated total federal assistance per major disaster declaration or FMAG, subject to a sliding scale formula.162 HMGP funding is up to 15% of the first $2 billion of the aggregate amount of disaster assistance, up to 10% for amounts between $2 billion and $10 billion, and up to 7.5% for amounts between $10 billion and $35.333 billion. States that have an Enhanced State Hazard Mitigation plan163 can receive 20% of the total amount. HMGP funds may be used to pay up to 75% of eligible activity costs. year. 157 The National Flood Insurance Fund is authorized by 42 U.S.C. §4017. 158 Section 100212 of P.L. 112-141, 126 Stat. 992, as codified at 42 U.S.C. §4017a. 159 For additional information on FEMA hazard mitigation programs, see CRS Insight IN11187, For additional information on FEMA hazard mitigation programs, see CRS Insight IN11187, Federal Emergency
Management Agency (FEMA) Hazard Mitigation Assistance, by Diane P. Horn. For additional information on the , by Diane P. Horn. For additional information on the
Flood Mitigation Assistance grant program, see CRS Report R44593, Flood Mitigation Assistance grant program, see CRS Report R44593, Introduction to the National Flood Insurance
Program (NFIP), by Diane P. Horn and Baird Webel. , by Diane P. Horn and Baird Webel.
~~153~~160 FEMA, FEMA, Hazard Mitigation Assistance Guidance, Washington, DC, February 27, 2015, p. 4, https://www.fema.gov/, Washington, DC, February 27, 2015, p. 4, https://www.fema.gov/
media-library-data/1424983165449-38f5dfc69c0bd4ea8a161e8bb7b79553/HMA_Guidance_022715_508.pdf media-library-data/1424983165449-38f5dfc69c0bd4ea8a161e8bb7b79553/HMA_Guidance_022715_508.pdf
(hereinafter FEMA, (hereinafter FEMA, Hazard Mitigation Assistance Guidance). ).
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~~tribes. Local governments and private nonprofit organizations are eligible sub-applicants.~~
~~Individuals and businesses cannot apply directly for HMGP funding, but an eligible applicant or~~
~~sub-applicant can apply on their behalf.154~~
~~How much HMGP funding will a state get after a disaster?~~
~~HMGP assistance is triggered by a major disaster declaration from the President or a Fire~~
~~Management Assistance Grant (FMAG). HMGP funding is awarded as a formula grant to a state~~
~~based on the estimated total federal assistance per major disaster declaration or FMAG, subject to~~
~~a sliding scale formula.155 HMGP funding is up to 15% of the first $2 billion of the aggregate~~
~~amount of disaster assistance, up to 10% for amounts between $2 billion and $10 billion, and up~~
~~to 7.5% for amounts between $10 billion and $35.333 billion. States that have an Enhanced State~~
~~Hazard Mitigation plan156 can receive 20% of the total amount. HMGP funds may be used to pay~~
~~up to 75% of eligible activity costs.~~
161 FEMA, Hazard Mitigation Assistance Guidance, p. 25. 162 42 U.S.C. §5170c(a). 163 For a list of states with an approved enhanced state mitigation plan, see https://www.fema.gov/hazard-mitigation-plan-status. Congressional Research Service 21 2020 Hurricane Season FAQ How can HMGP funding be used?
HMGP funding does not have to be used for the particular disaster for which it was allocated, nor HMGP funding does not have to be used for the particular disaster for which it was allocated, nor
for the particular type of disaster. For example, if the state chooses to do so, HMGP funding for the particular type of disaster. For example, if the state chooses to do so, HMGP funding
awarded for wildfire mitigation in one county could be used for flood mitigation activities in a awarded for wildfire mitigation in one county could be used for flood mitigation activities in a
different county. The decision is made by the state where the funding can best be used, and different county. The decision is made by the state where the funding can best be used, and
decisions about allocating HMGP funds to sub-applicants are made by the state. decisions about allocating HMGP funds to sub-applicants are made by the state.
Will HMGP funding be available for the COVID-19 disaster declarations?
The 50 states, the District of Columbia, and 5 U.S. territories have requested HMGP funding. The 50 states, the District of Columbia, and 5 U.S. territories have requested HMGP funding.
These requests are under review, and it is not clear whether the list of eligible activities will be These requests are under review, and it is not clear whether the list of eligible activities will be
expanded to allow for COVID-19 related mitigation. expanded to allow for COVID-19 related mitigation.
Pre-disaster Mitigation Grant Program (PDM)
Pre-disaster mitigation (PDM) funding is authorized by Section 203 of the Stafford Act (42 Pre-disaster mitigation (PDM) funding is authorized by Section 203 of the Stafford Act (42
U.S.C. §5133), with the goal of reducing overall risk to the population and structures from future U.S.C. §5133), with the goal of reducing overall risk to the population and structures from future
hazard events, while also reducing reliance on federal funding to respond to future disasters. State hazard events, while also reducing reliance on federal funding to respond to future disasters. State
agencies and tribes are eligible applicants, and local governments are eligible applicants. agencies and tribes are eligible applicants, and local governments are eligible applicants.
Individuals and businesses may not apply for PDM funding.Individuals and businesses may not apply for PDM funding.~~157~~164 Through FY2019, FEMA awarded Through FY2019, FEMA awarded
PDM grants competitively. FEMA has not yet announced how PDM grants are to be awarded for PDM grants competitively. FEMA has not yet announced how PDM grants are to be awarded for
FY2020. FY2020.
How has funding for pre-disaster mitigation changed?
Funding for pre-disaster mitigation changed significantly with the passage of the Disaster Funding for pre-disaster mitigation changed significantly with the passage of the Disaster
Recovery Reform Act of 2018 (DRRA).Recovery Reform Act of 2018 (DRRA).~~158~~165 DRRA authorized a new source of funding for pre- ~~DRRA authorized a new source of funding for pre-~~

~~154 FEMA, Hazard Mitigation Assistance Guidance, p. 25.~~
~~155 42 U.S.C. §5170c(a).~~
~~156 For a list of states with an approved enhanced state mitigation plan, see https://www.fema.gov/hazard-mitigation-~~
~~plan-status.~~
~~157 Federal Emergency Management Agency, Hazard Mitigation Assistance Guidance, Washington, DC, February 27,~~
~~2015, pp. 4 and 26, https://www.fema.gov/media-library-data/1424983165449-38f5dfc69c0bd4ea8a161e8bb7b79553/~~
~~HMA_Guidance_022715_508.pdf~~
~~158 Division D of the Disaster Recovery Reform Act of 2018 (P.L. 115-254).~~
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disaster mitigation, to be called the National Public Infrastructure Pre-Disaster Mitigation Fund. disaster mitigation, to be called the National Public Infrastructure Pre-Disaster Mitigation Fund.
For each major disaster declaration, the President may set aside from the DRF an amount equal to For each major disaster declaration, the President may set aside from the DRF an amount equal to
6% of the estimated aggregate amount of the grants to be made pursuant to the following sections 6% of the estimated aggregate amount of the grants to be made pursuant to the following sections
of the Stafford Act: of the Stafford Act:
 403 (essential assistance);  403 (essential assistance);
 406 (repair, restoration, and replacement of damaged facilities);  406 (repair, restoration, and replacement of damaged facilities);
 407 (debris removal);  407 (debris removal);
 408 (federal assistance to individuals and households);  408 (federal assistance to individuals and households);
 410 (unemployment assistance);  410 (unemployment assistance);
 416 (crisis counseling assistance and training); and  416 (crisis counseling assistance and training); and
 428 (public assistance program alternative program procedures).  428 (public assistance program alternative program procedures).
As of April 30, 2020, $454 million has been set aside for pre-disaster mitigation. As of April 30, 2020, $454 million has been set aside for pre-disaster mitigation.~~159~~166 164 Federal Emergency Management Agency, Hazard Mitigation Assistance Guidance, Washington, DC, February 27, 2015, pp. 4 and 26, https://www.fema.gov/media-library-data/1424983165449-38f5dfc69c0bd4ea8a161e8bb7b79553/HMA_Guidance_022715_508.pdf 165 Division D of the Disaster Recovery Reform Act of 2018 (P.L. 115-254). 166 See FEMA, “Disaster Relief Fund: Monthly Report as of April 30, 2020,” https://www.fema.gov/media-library/assets/documents/31789. Congressional Research Service 22 link to page 27 2020 Hurricane Season FAQ
How will the funding set aside for pre-disaster mitigation be used?
FEMA intends to introduce a new program, called Building Resilient Infrastructure and FEMA intends to introduce a new program, called Building Resilient Infrastructure and
Communities (BRIC) and recently published their draft policy for BRIC.Communities (BRIC) and recently published their draft policy for BRIC.~~160~~167 The comment period The comment period
on this draft policy ended on May 11, 2020. FEMA is planning to issue the Notice of Funding on this draft policy ended on May 11, 2020. FEMA is planning to issue the Notice of Funding
Opportunity for BRIC in August 2020, with the application period opening in October 2020. Opportunity for BRIC in August 2020, with the application period opening in October 2020.
Funding for Emergencies and Major Disasters
The following questions relate to the funding for the federal assistance provided under the The following questions relate to the funding for the federal assistance provided under the
Stafford Act that may supplement state, territorial, Indian tribal, and local hurricane response and Stafford Act that may supplement state, territorial, Indian tribal, and local hurricane response and
recovery efforts. recovery efforts.
Source of Funding
Where does funding for the federal government’s disaster relief programs
come from?
Federal disaster relief programs can be divided into three categories: Federal disaster relief programs can be divided into three categories:
1. FEMA’s Stafford Act Programs; 1. FEMA’s Stafford Act Programs;
2. Elements outside FEMA; and 2. Elements outside FEMA; and
3. Mandatory elements. 3. Mandatory elements.

~~159 See FEMA, “Disaster Relief Fund: Monthly Report as of April 30, 2020,” https://www.fema.gov/media-library/~~
~~assets/documents/31789.~~
~~160 Federal Emergency Management Agency, “Hazard Mitigation Assistance: Building Resilient Infrastructure and~~
~~Communities,” 85(10) Federal Register 20291-20292, April 10, 2020, https://www.federalregister.gov/documents/~~
~~2020/04/10/2020-07609/hazard-mitigation-assistance-building-resilient-infrastructure-and-communities.~~
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FEMA’s Stafford Act Programs
The Stafford Act is the primary element of the federal government’s emergency management The Stafford Act is the primary element of the federal government’s emergency management
relationship with the states. Its programs are generally funded through the Disaster Relief Fund, relationship with the states. Its programs are generally funded through the Disaster Relief Fund,
an appropriation within FEMA’s budget dedicated to that purpose. an appropriation within FEMA’s budget dedicated to that purpose.
The DRF funds five different types of activities: The DRF funds five different types of activities:
1. Activity pursuant to a major disaster designation; 1. Activity pursuant to a major disaster designation;
2. Pre-declaration surge activities; 2. Pre-declaration surge activities;
3. Activity pursuant to an emergency declaration; 3. Activity pursuant to an emergency declaration;
4. Fire Management Assistance Grants (FMAGs) for large wildfires; and 4. Fire Management Assistance Grants (FMAGs) for large wildfires; and
5. Disaster Readiness and Support activities. 5. Disaster Readiness and Support activities.
As noted in the As noted in the “Pre-disaster Mitigation Grant Program (PDM)” section, above, a percentage of section, above, a percentage of
the DRF’s disaster activities is set aside for pre-disaster mitigation efforts. The Disaster the DRF’s disaster activities is set aside for pre-disaster mitigation efforts. The Disaster
Assistance Direct Loan Program and the Department of Homeland Security (DHS) Office of Assistance Direct Loan Program and the Department of Homeland Security (DHS) Office of
Inspector General have received transfers from this appropriation in recent years to support their Inspector General have received transfers from this appropriation in recent years to support their
disaster-related work as well.disaster-related work as well.~~161~~168 167 Federal Emergency Management Agency, “Hazard Mitigation Assistance: Building Resilient Infrastructure and Communities,” 85(10) Federal Register 20291-20292, April 10, 2020, https://www.federalregister.gov/documents/2020/04/10/2020-07609/hazard-mitigation-assistance-building-resilient-infrastructure-and-communities. 168 For more information on the Disaster Relief Fund, see CRS Report R45484, The Disaster Relief Fund: Overview and Issues. Congressional Research Service 23 2020 Hurricane Season FAQ
Elements Outside of FEMA
While FEMA, as a component of the Department of Homeland Security, is the federal While FEMA, as a component of the Department of Homeland Security, is the federal
government’s emergency manager, a broad range of federal agencies take part in disaster relief government’s emergency manager, a broad range of federal agencies take part in disaster relief
and recovery efforts. When the Government Accountability Office (GAO) sought to review all and recovery efforts. When the Government Accountability Office (GAO) sought to review all
federal disaster spending in 2016, they reviewed 16 federal departments and agencies aside from federal disaster spending in 2016, they reviewed 16 federal departments and agencies aside from
DHS that were engaged in programs and activities that either wholly or in part had a role in DHS that were engaged in programs and activities that either wholly or in part had a role in
disaster response, recovery, or mitigation.disaster response, recovery, or mitigation.~~162~~169
While some of the work done by these agencies in response to Stafford Act incidents is paid for While some of the work done by these agencies in response to Stafford Act incidents is paid for
by FEMA from the DRF through a process known as mission assignments, most of the resources by FEMA from the DRF through a process known as mission assignments, most of the resources
used for these programs and activities are provided through separate appropriations to the used for these programs and activities are provided through separate appropriations to the
respective departments and agencies. These appropriations may be provided either through annual respective departments and agencies. These appropriations may be provided either through annual
appropriations or through supplemental appropriations measures. appropriations or through supplemental appropriations measures.
Mandatory Elements
Some disaster programs have their appropriations in permanent law, so they usually do not Some disaster programs have their appropriations in permanent law, so they usually do not
require supplemental funding in the wake of disasters. The National Flood Insurance Program require supplemental funding in the wake of disasters. The National Flood Insurance Program
(NFIP) is one such program—the premiums paid by policyholders are used to pay the costs of (NFIP) is one such program—the premiums paid by policyholders are used to pay the costs of
claims. If premium revenues are not sufficient to cover the cost of claims, the program has claims. If premium revenues are not sufficient to cover the cost of claims, the program has
authority to borrow from the Treasury.authority to borrow from the Treasury.~~163~~

~~161 For more information on the Disaster Relief Fund, see CRS Report R45484,~~ ~~The Disaster Relief Fund: Overview~~
~~and Issues~~.
~~162~~170 Amount of Available Funding Is there enough money in the DRF for COVID as well as hurricanes? As of the beginning of May 2020, the DRF had an unobligated balance of almost $80 billion—significantly higher than at the start of any other hurricane season, as a result of supplemental appropriations provided in the CARES Act (P.L. 116-136).171 Although $14 billion had been allocated within the DRF as of the beginning of May for COVID-19 costs,172 as of May 22, FEMA had obligated $6.2 billion.173 FEMA has not provided projections for COVID-19 spending in its monthly reports, as it does for other high-cost disasters.174 It is also not possible to project whether a more active hurricane season will necessarily translate into higher disaster costs. Cost factors range widely depending on if the storms strike highly developed or highly populated areas. It may not be possible to precisely estimate what the costs 169 In In Federal Disaster Assistance: Federal Departments and Agencies Obligated at Least $277.6 Billion During Fiscal
Years 2005 Through 2014 (GAO-16-797), GAO reviewed disaster funding for the Departments of Agriculture, (GAO-16-797), GAO reviewed disaster funding for the Departments of Agriculture,
Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban
Development, the Interior, Justice, Labor, Transportation, the Treasury, and Veteran Affairs, as well as the Development, the Interior, Justice, Labor, Transportation, the Treasury, and Veteran Affairs, as well as the
Environmental Protection Agency, the General Services Administration, and the Small Business Administration. Environmental Protection Agency, the General Services Administration, and the Small Business Administration.
~~163~~170 For more information on the National Flood Insurance Program, see CRS Report R44593, For more information on the National Flood Insurance Program, see CRS Report R44593, Introduction to the
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~~Amount of Available Funding~~
~~Is there enough money in the DRF for COVID as well as hurricanes?~~
~~As of the beginning of May 2020, the DRF had an unobligated balance of almost $80 billion—~~
~~significantly higher than at the start of any other hurricane season, as a result of supplemental~~
~~appropriations provided in the CARES Act (P.L. 116-136).164 Although $14 billion had been~~
~~allocated within the DRF as of the beginning of May for COVID-19 costs,165 as of May 22,~~
~~FEMA had obligated $6.2 billion.166~~
~~FEMA has not provided projections for COVID-19 spending in its monthly reports, as it does for~~
~~other high-cost disasters.167~~
~~It is also not possible to project whether a more active hurricane season will necessarily translate~~
~~into higher disaster costs. Cost factors range widely depending on if the storms strike highly~~
~~developed or highly populated areas. It may not be possible to precisely estimate what the costs~~
National Flood Insurance Program (NFIP). 171 Department of Homeland Security, Federal Emergency Management Agency, Disaster Relief Fund: Monthly Report as of April 30, 2020, May 8, 2020, Appendix A, p. 4 (hereinafter FEMA, DRF: Monthly Report as of April 30, 2020). 172 FEMA, DRF: Monthly Report as of April 30, 2020, Appendix D, p. 21. 173 Department of Homeland Security, Federal Emergency Management Agency, Coronavirus (COVID-19) Pandemic, Whole-of-America Response, May 22, 2020, p. 2. 174 FEMA, DRF: Monthly Report as of April 30, 2020, Appendix A, p. 4. Congressional Research Service 24 2020 Hurricane Season FAQ of response and recovery will look like as the various levels of government try to respond to of response and recovery will look like as the various levels of government try to respond to
pandemic and traditional “kinetic” disasters at the same time. pandemic and traditional “kinetic” disasters at the same time.
However, the available balance in the DRF may provide Congress time to appropriate additional However, the available balance in the DRF may provide Congress time to appropriate additional
funds should they be necessary, without the level of resources affecting the immediate response or funds should they be necessary, without the level of resources affecting the immediate response or
ongoing recovery efforts. ongoing recovery efforts.
How much does Congress appropriate / does the government spend on
disasters in a typical year?
There is not a “typical year” for disasters, for a variety of reasons. The number and type of There is not a “typical year” for disasters, for a variety of reasons. The number and type of
incidents varies from year to year, as do their severity and location. Mitigation and recovery costs incidents varies from year to year, as do their severity and location. Mitigation and recovery costs
spread out along the timeline, making annual averages less useful for policymaking purposes. spread out along the timeline, making annual averages less useful for policymaking purposes.
This is really two distinct questions—how much is appropriated, and how much is spent. This is really two distinct questions—how much is appropriated, and how much is spent.
Congress provides funding through annual and supplemental appropriations—and, more rarely, Congress provides funding through annual and supplemental appropriations—and, more rarely,
through legislation creating mandatory appropriations or direct spending. Some of these through legislation creating mandatory appropriations or direct spending. Some of these
appropriations are for programs and activities specifically for disasters, while others have disaster appropriations are for programs and activities specifically for disasters, while others have disaster
response and recovery as part of their mission scope. In addition, while some funding is expected response and recovery as part of their mission scope. In addition, while some funding is expected
to be spent in the immediate fiscal year, a great deal of disaster relief funding is appropriated with to be spent in the immediate fiscal year, a great deal of disaster relief funding is appropriated with
the intent that it be executed years after the incident. This means one generally cannot develop a the intent that it be executed years after the incident. This means one generally cannot develop a
meaningful authoritative total for what Congress has appropriated for disaster relief on an annual meaningful authoritative total for what Congress has appropriated for disaster relief on an annual
basis. basis.
Tracking the actual spending of appropriations presents a similar challenge. The executive branch Tracking the actual spending of appropriations presents a similar challenge. The executive branch
does not report universally or consistently on the use of appropriated funds for disaster-related does not report universally or consistently on the use of appropriated funds for disaster-related
purposes. There has been some reporting in recent years on spending linked to specific purposes. There has been some reporting in recent years on spending linked to specific

National Flood Insurance Program (NFIP).
~~164 Department of Homeland Security, Federal Emergency Management Agency,~~ ~~Disaster Relief Fund: Monthly Report~~
~~as of April 30, 2020, May 8, 2020, Appendix A, p. 4 (hereinafter FEMA, DRF: Monthly Report as of April 30, 2020).~~
~~165 FEMA, DRF: Monthly Report as of April 30, 2020, Appendix D, p. 21.~~
~~166 Department of Homeland Security, Federal Emergency Management Agency,~~ ~~Coronavirus (COVID-19) Pandemic,~~
~~Whole-of-America Response,~~ ~~May 22, 2020, p. 2.~~
~~167 FEMA, DRF: Monthly Report as of April 30, 2020, Appendix A, p. 4.~~
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supplemental appropriations measures and disaster-specific accounts in some annual supplemental appropriations measures and disaster-specific accounts in some annual
appropriations measures, but reporting on the use of federal funds to mitigate the risk of, respond appropriations measures, but reporting on the use of federal funds to mitigate the risk of, respond
to, or recover from disasters remains neither universal nor consistent. to, or recover from disasters remains neither universal nor consistent.
In one of the most widely-circulated totals on disaster spending, GAO in 2016 identified at least In one of the most widely-circulated totals on disaster spending, GAO in 2016 identified at least
$277.6 billion in disaster assistance for FY2005-FY2014.$277.6 billion in disaster assistance for FY2005-FY2014.~~168~~175 This total is reported as a minimum, This total is reported as a minimum,
rather than a precise total, due in part to the factors discussed above. rather than a precise total, due in part to the factors discussed above.
Will there be supplemental appropriations for disasters this year?
There are significantly fewer supplemental appropriations measures than declared disasters— There are significantly fewer supplemental appropriations measures than declared disasters—
disaster response and recovery efforts do not always require federal funding beyond regular disaster response and recovery efforts do not always require federal funding beyond regular
annual appropriations. Appropriations for recovery from a disaster may come in multiple annual appropriations. Appropriations for recovery from a disaster may come in multiple
appropriations measures over the course of several years. Furthermore, a single supplemental appropriations measures over the course of several years. Furthermore, a single supplemental
appropriations act may meet response or recovery needs generated by multiple disasters. appropriations act may meet response or recovery needs generated by multiple disasters.
From the beginning of 2011 through 2018, there were 977 From the beginning of 2011 through 2018, there were 977 ~~declarations169~~declarations176 under the Stafford Act, under the Stafford Act,
including 461 major disasters.including 461 major disasters.~~170~~177 Of those major disaster declarations, 76 were associated with 17 175 U.S. Government Accountability Office, Federal Disaster Assistance: Federal Departments and Agencies Obligated at Least $277.6 Billion During Fiscal Years 2005 Through 2014, GAO-16-797, September 22, 2016, https://www.gao.gov/products/GAO-16-797. 176 FEMA considers declarations to include approval of wildfire management assistance, fire suppression authorization, emergencies, and major disasters. 177 For more information on Stafford Act declarations, see CRS Report R42702, Stafford Act Declarations 1953-2016: Congressional Research Service 25 2020 Hurricane Season FAQ ~~Of those major disaster declarations, 76 were associated with 17~~
catastrophic events.catastrophic events.~~171~~178 In that same time period, there were 12 public laws enacted with In that same time period, there were 12 public laws enacted with
supplemental appropriations expressly for disaster assistance—four of which were enacted in supplemental appropriations expressly for disaster assistance—four of which were enacted in
calendar years 2017 and 2018. calendar years 2017 and 2018.
Additional pandemic-related supplemental bills are under discussion, and it is possible that they Additional pandemic-related supplemental bills are under discussion, and it is possible that they
could carry funding for other disasters. could carry funding for other disasters.
An Administration request for supplemental disaster assistance can be an additional factor in the An Administration request for supplemental disaster assistance can be an additional factor in the
timing of the congressional consideration of supplemental appropriations. In the wake of a timing of the congressional consideration of supplemental appropriations. In the wake of a
significant disaster, individual Members of Congress or state or regional delegations with affected significant disaster, individual Members of Congress or state or regional delegations with affected
constituencies may put forward supplemental appropriations legislation independent of a request constituencies may put forward supplemental appropriations legislation independent of a request
from the Administration. However, the development of a supplemental appropriations measure from the Administration. However, the development of a supplemental appropriations measure
destined for enactment usually begins with a supplemental appropriations request from the destined for enactment usually begins with a supplemental appropriations request from the
Administration, and a response from the Appropriations Committee or leadership. The request Administration, and a response from the Appropriations Committee or leadership. The request
provides a starting point for congressional deliberations, framing the stated needs of the federal provides a starting point for congressional deliberations, framing the stated needs of the federal
government at large for Congress to consider. For disasters that occurred in 2017, a series of three government at large for Congress to consider. For disasters that occurred in 2017, a series of three
requests came from the Administration, and in each case, a supplemental appropriations measure requests came from the Administration, and in each case, a supplemental appropriations measure
was initiated and subsequently enacted.was initiated and subsequently enacted.~~172~~179 In contrast, P.L. 116-20, a disaster relief supplemental In contrast, P.L. 116-20, a disaster relief supplemental
appropriations measure for FY2019, was enacted without a formal request by the Administration appropriations measure for FY2019, was enacted without a formal request by the Administration
for supplemental disaster assistance appropriations.for supplemental disaster assistance appropriations.~~173~~

~~168 U.S. Government Accountability Office, Federal Disaster Assistance: Federal Departments and Agencies Obligated~~
~~at Least $277.6 Billion During Fiscal Years 2005 Through 2014, GAO-16-797, September 22, 2016,~~
~~https://www.gao.gov/products/GAO-16-797.~~
~~169 FEMA considers declarations to include approval of wildfire management assistance, fire suppression authorization,~~
~~emergencies, and major disasters.~~
~~170 For more information on Stafford Act declarations, see CRS Report R42702,~~ ~~Stafford Act Declarations 1953-2016:~~
~~Trends, Analyses, and Implications for Congress, by Bruce R. Lindsay.~~
~~171~~180 Reprogramming Existing Funding Can funding provided by FEMA for previous disasters (including COVID-19) be used for response and recovery during the current hurricane season? FEMA awards grant funding for specific purposes and provides that funding by allocating funds from the Disaster Relief Fund (DRF) under the authority provided by a specific Stafford Act disaster declaration. Stafford Act disaster assistance grant programs providing funding to state, localities, tribal governments, and territories are designed to be reimbursements to those entities for eligible expenses, or funding based on cost estimates for specific projects being conducted by those entities in response to a specific disaster event. Therefore, funding provided for previous disasters would either be reimbursements for expenses already incurred by the grant recipient for that disaster, or would be targeted funding for specific projects related to recovery from the previous disaster, and in most cases would not be available to meet new costs associated with a new disaster. Trends, Analyses, and Implications for Congress, by Bruce R. Lindsay. 178 Defined by FEMA as “a disaster or a grouping of disasters (i.e., a disaster event) that results in a total projected cost Defined by FEMA as “a disaster or a grouping of disasters (i.e., a disaster event) that results in a total projected cost
for the Federal Government in excess of $500 million.” FEMA, for the Federal Government in excess of $500 million.” FEMA, Disaster Relief Fund: FY2019 Funding Requirements,
May 7, 2018, p. 4. May 7, 2018, p. 4.
~~172~~179 For details on these supplemental appropriations, see CRS Report R45084, For details on these supplemental appropriations, see CRS Report R45084, 2017 Disaster Supplemental
Appropriations: Overview, by William L. Painter. , by William L. Painter.
~~173~~180 A supplemental appropriations request to address border security and humanitarian issues at the U.S.-Mexico border A supplemental appropriations request to address border security and humanitarian issues at the U.S.-Mexico border
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~~Reprogramming Existing Funding~~
~~Can funding provided by FEMA for previous disasters (including COVID-19)~~
~~be used for response and recovery during the current hurricane season?~~
~~FEMA awards grant funding for specific purposes and provides that funding by allocating funds~~
~~from the Disaster Relief Fund (DRF) under the authority provided by a specific Stafford Act~~
~~disaster declaration. Stafford Act disaster assistance grant programs providing funding to state,~~
~~localities, tribal governments, and territories are designed to be reimbursements to those entities~~
~~for eligible expenses, or funding based on cost estimates for specific projects being conducted by~~
~~those entities in response to a specific disaster event. Therefore, funding provided for previous~~
~~disasters would either be reimbursements for expenses already incurred by the grant recipient for~~
~~that disaster, or would be targeted funding for specific projects related to recovery from the~~
~~previous disaster, and in most cases would not be available to meet new costs associated with a~~
~~new disaster.~~was submitted May 1, 2019 (Letter from Russell T. Vought, Acting Director, Office of Management and Budget, to the Honorable Michael R. Pence, President of the Senate, May 1, 2019, https://www.whitehouse.gov/wp-content/uploads/2019/05/Pence.pdf), but it did not include disaster assistance appropriations. Congressional Research Service 26 2020 Hurricane Season FAQ
Funding Administration and Oversight
What are the challenges of administering federal Stafford Act funding for
multiple disaster events?
Funding for multiple Stafford Act grant programs may not be comingled, so states, localities, and Funding for multiple Stafford Act grant programs may not be comingled, so states, localities, and
territories face challenges in ensuring that funding is tracked separately for multiple FEMA territories face challenges in ensuring that funding is tracked separately for multiple FEMA
administered Stafford Act disaster events, including past hurricane seasons and the COVID-19 administered Stafford Act disaster events, including past hurricane seasons and the COVID-19
pandemic. To comply with the financial management requirements of federal grant awards, the pandemic. To comply with the financial management requirements of federal grant awards, the
grantee must ensure that the use of funds can be directly linked to eligible expenditures associated grantee must ensure that the use of funds can be directly linked to eligible expenditures associated
with the specific grant award under which the funding was provided.with the specific grant award under which the funding was provided.~~174~~181 Consequently, the more Consequently, the more
disaster declarations a grantee is granted, the more complex the administration of the funding will disaster declarations a grantee is granted, the more complex the administration of the funding will
be for the grantee. be for the grantee.
What waiver authority does FEMA have in the use of Stafford Act grant
program funding?
FEMA must adhere to the statutory restrictions imposed in the authorizing legislation for the FEMA must adhere to the statutory restrictions imposed in the authorizing legislation for the
Stafford Act grant programs. While FEMA does have some discretion in waiving certain program Stafford Act grant programs. While FEMA does have some discretion in waiving certain program
administration components, such as project submission deadlines, the agency does not have the administration components, such as project submission deadlines, the agency does not have the
ability to waive statutory restrictions on the use of funding. For example, FEMA cannot allow for ability to waive statutory restrictions on the use of funding. For example, FEMA cannot allow for
the use of Public Assistance grant funds for purposes other than those set forth in the Stafford Act, the use of Public Assistance grant funds for purposes other than those set forth in the Stafford Act,
which provides that the Public Assistance grant program is for “the repair, restoration, which provides that the Public Assistance grant program is for “the repair, restoration,
reconstruction, or replacement of a public facility damaged or destroyed by a major disaster and reconstruction, or replacement of a public facility damaged or destroyed by a major disaster and
for associated expenses incurred by the government.”for associated expenses incurred by the government.”~~175~~182 However, when the statutory provisions However, when the statutory provisions
provide broad categories of eligible uses of funds, FEMA has discretion in establishing specific provide broad categories of eligible uses of funds, FEMA has discretion in establishing specific

~~was submitted May 1, 2019 (Letter from Russell T. Vought, Acting Director, Office of Management and Budget, to the~~
~~Honorable Michael R. Pence, President of the Senate, May 1, 2019, https://www.whitehouse.gov/wp-content/uploads/~~
~~2019/05/Pence.pdf), but it did not include disaster assistance appropriations.~~
~~174 2 C.F.R. §200.302, Financial Management.~~
~~175 42 U.S.C. §5172.~~
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eligible projects. For example, there is some flexibility in defining what may be considered eligible projects. For example, there is some flexibility in defining what may be considered
“associated expenses.” FEMA issues grant program guidance which provides clarification on “associated expenses.” FEMA issues grant program guidance which provides clarification on
which activities may be allowable under a specific program. For larger disasters, FEMA may which activities may be allowable under a specific program. For larger disasters, FEMA may
issue separate guidance specific to that disaster event.issue separate guidance specific to that disaster event.~~176~~183
How does FEMA track federal funding for Stafford Act grant programs?
Tracking the use of federal grant funds is complicated by the lag between when funds are Tracking the use of federal grant funds is complicated by the lag between when funds are
obligated after a grant project is awarded funding, and when awarded funds are expended. obligated after a grant project is awarded funding, and when awarded funds are expended.
Tracking FEMA grant program funds is further complicated by the nature in which Stafford Act Tracking FEMA grant program funds is further complicated by the nature in which Stafford Act
funding is awarded. Because Stafford Act grant programs are funded through the Disaster Relief funding is awarded. Because Stafford Act grant programs are funded through the Disaster Relief
Fund (DRF), and because the DRF funds several different Stafford Act grant programs, it is Fund (DRF), and because the DRF funds several different Stafford Act grant programs, it is
difficult to track federal disaster funding for specific disasters using only the appropriations difficult to track federal disaster funding for specific disasters using only the appropriations
provided to the DRF. Once a Stafford Act disaster declaration is made, FEMA provides provided to the DRF. Once a Stafford Act disaster declaration is made, FEMA provides
information on obligated amounts for various Stafford Act grant programs for each disaster information on obligated amounts for various Stafford Act grant programs for each disaster
declaration through the OpenFEMA datasets on the FEMA website. These datasets include declaration through the OpenFEMA datasets on the FEMA website. These datasets include
181 2 C.F.R. §200.302, Financial Management. 182 42 U.S.C. §5172. 183 For example, FEMA issued a general Public Assistance Program and Policy guide in April 2018, available at https://www.fema.gov/media-library/assets/documents/111781. FEMA also issued disaster-specific guidance for Hurricane Katrina, Hurricane Sandy, Hurricanes Harvey, Irma, and Maria, Hurricanes Florence and Michael, and COVID-19, available at https://www.fema.gov/public-assistance-policy-and-guidance. Congressional Research Service 27 2020 Hurricane Season FAQ information on grant programs including the Individual Assistance Program, Public Assistance information on grant programs including the Individual Assistance Program, Public Assistance
Program, and the Hazard Mitigation Assistance program. There are also datasets on other FEMA Program, and the Hazard Mitigation Assistance program. There are also datasets on other FEMA
programs. These datasets are provided in multiple formats, including machine readable formats programs. These datasets are provided in multiple formats, including machine readable formats
and static datasets. Notably, however, the information provided in the datasets is raw, unedited and static datasets. Notably, however, the information provided in the datasets is raw, unedited
data that is contained in the grant management program systems rather than the official financial data that is contained in the grant management program systems rather than the official financial
systems that feed information into USAspending.gov, which is the official source for spending systems that feed information into USAspending.gov, which is the official source for spending
data for the U.S. Government.data for the U.S. Government.~~177~~184 According to FEMA, information that is not derived from the According to FEMA, information that is not derived from the
official FEMA financial system may vary from the USAspending.gov data due to differences in official FEMA financial system may vary from the USAspending.gov data due to differences in
reporting periods, status of obligations, internal agency procedures, and human error.reporting periods, status of obligations, internal agency procedures, and human error.~~178~~185
Additionally, the accuracy and completeness of the data provided for USAspending.gov has been Additionally, the accuracy and completeness of the data provided for USAspending.gov has been
officially certified by the agency and has passed a series of validations before the data is officially certified by the agency and has passed a series of validations before the data is
published on USAspending.gov.published on USAspending.gov.~~179~~186
Other Federal Assistance Programs
Many federal departments and agencies have standing authorities to assist state, territorial, Indian Many federal departments and agencies have standing authorities to assist state, territorial, Indian
tribal, and local governments. Although the majority of federal financial disaster assistance is tribal, and local governments. Although the majority of federal financial disaster assistance is
made available by FEMA under the authority of the Stafford Act, there are a number of other made available by FEMA under the authority of the Stafford Act, there are a number of other
programs that can provide disaster assistance in certain circumstances, including the U.S. programs that can provide disaster assistance in certain circumstances, including the U.S.
Department of Housing and Urban Development’s (HUD’s) Community Development Block Department of Housing and Urban Development’s (HUD’s) Community Development Block

~~176 For example, FEMA issued a general Public Assistance Program and Policy guide in April 2018, available at~~
~~https://www.fema.gov/media-library/assets/documents/111781. FEMA also issued disaster-specific guidance for~~
~~Hurricane Katrina, Hurricane Sandy, Hurricanes Harvey, Irma, and Maria, Hurricanes Florence and Michael, and~~
~~COVID-19, available at https://www.fema.gov/public-assistance-policy-and-guidance.~~
~~177~~Grant—Disaster Recovery (CDBG-DR) Program,187 and the SBA Disaster Loan Program.188 The following questions relate to the SBA Disaster Loan Program. Small Business Administration (SBA) Disaster Loan Program The Small Business Administration (SBA) Disaster Loan Program offers low-interest, long-term loans to individuals, households, and business. SBA disaster loans for businesses fall into two categories: (1) Personal Property Loans to repair and replace lost or damaged items, such as 184 USAspending.gov was established by the Federal Funding Accountability and Transparency Act of 2006 (FFATA, USAspending.gov was established by the Federal Funding Accountability and Transparency Act of 2006 (FFATA,
P.L. 109-282), and required that federal contract, grant, loan and other financial assistance awards of more than P.L. 109-282), and required that federal contract, grant, loan and other financial assistance awards of more than
$25,000 be displayed on a publicly accessible and searchable website to give the American public access to $25,000 be displayed on a publicly accessible and searchable website to give the American public access to
information. For more information, see https://www.usaspending.gov. information. For more information, see https://www.usaspending.gov.
~~178~~185 Federal Emergency Management Agency (FEMA), OpenFEMA Dataset: Public Assistance Funded Projects Federal Emergency Management Agency (FEMA), OpenFEMA Dataset: Public Assistance Funded Projects
Details—V1, https://www.fema.gov/openfema-dataset-public-assistance-funded-projects-details-v1. Details—V1, https://www.fema.gov/openfema-dataset-public-assistance-funded-projects-details-v1.
~~179~~186 For additional information on the way in which data is certified and validated for USAspending.gov, see For additional information on the way in which data is certified and validated for USAspending.gov, see
https://www.usaspending.gov/#/about. https://www.usaspending.gov/#/about.
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~~Grant—Disaster Recovery (CDBG-DR) Program,180 and the SBA Disaster Loan Program.181 The~~
~~following questions relate to the SBA Disaster Loan Program.~~
~~Small Business Administration (SBA) Disaster Loan Program~~
~~The Small Business Administration (SBA) Disaster Loan Program offers low-interest, long-term~~
~~loans to individuals, households, and business. SBA disaster loans for businesses fall into two~~
~~categories: (1) Personal Property Loans to repair and replace lost or damaged items, such as~~
187 For example, the U.S. Department of Housing and Urban Development’s (HUD’s) Community Development Block Grant-Disaster Recovery (CDBG-DR) program may support long-term disaster recovery following a hurricane if the program is authorized and funding is appropriated for such purpose. For more information on the CDBG-DR program as implemented in Puerto Rico following Hurricane Maria, see CRS Insight IN11389, CDBG-DR Funding and Oversight: Puerto Rico, by Joseph V. Jaroscak and Michael H. Cecire. For more information on the HUD Community Development Block Grant (CDBG) program and CDBG-DR, including authorities, and the potential use of the program to meet the needs caused by COVID-19, see CRS Insight IN11277, Responding to the COVID-19 Outbreak with Community Development Block Grant (CDBG) Authorities, by Michael H. Cecire and Joseph V. Jaroscak. For more general information on how CDBG can be used during disaster relief, see CRS Report RL33330, Community Development Block Grant Funds in Disaster Relief and Recovery, by Eugene Boyd. The program website for Community Development Block Grant Disaster Recovery (CDBG-DR) is available at https://www.hudexchange.info/programs/cdbg-dr/. 188 Additional federal disaster assistance programs are described in the CRS Report R41981, Congressional Primer on Responding to and Recovering from Major Disasters and Emergencies, by Bruce R. Lindsay and Elizabeth M. Webster. Congressional Research Service 28 2020 Hurricane Season FAQ clothing, furniture, and vehicles; and (2) Real Property Loans to repair and rebuild primary clothing, furniture, and vehicles; and (2) Real Property Loans to repair and rebuild primary
residences. SBA business disaster loans also fall into two categories: (1) Business Physical residences. SBA business disaster loans also fall into two categories: (1) Business Physical
Disaster Loans to repair and rebuild businesses and/or repair and replace damaged equipment; Disaster Loans to repair and rebuild businesses and/or repair and replace damaged equipment;
and (2) Economic Injury Disaster Loans (EIDL) to help recover from economic losses after a and (2) Economic Injury Disaster Loans (EIDL) to help recover from economic losses after a
declared disaster.declared disaster.~~182~~189
Will SBA disaster loans associated with COVID-19 cause a shortage of funding
for SBA?
The demand for COVID-19 related SBA disaster assistance has been very high. The demand for COVID-19 related SBA disaster assistance has been very high.~~183~~190 That high That high
demand combined with an active disaster year could create a need for supplemental demand combined with an active disaster year could create a need for supplemental
appropriations to keep the SBA Disaster Loan Account adequately funded. appropriations to keep the SBA Disaster Loan Account adequately funded.
What can SBA Personal Property Loans be used for?
Personal Property Loans cover only uninsured or underinsured property and primary residences in Personal Property Loans cover only uninsured or underinsured property and primary residences in
a declared disaster area. Personal Property Loans can be used to repair or replace clothing, a declared disaster area. Personal Property Loans can be used to repair or replace clothing,
furniture, cars, or appliances damaged or destroyed in the disaster. Eligibility of luxury items with furniture, cars, or appliances damaged or destroyed in the disaster. Eligibility of luxury items with
functional use, such as antiques and rare artwork, is limited to the cost of an ordinary item functional use, such as antiques and rare artwork, is limited to the cost of an ordinary item
meeting the same functional purpose. meeting the same functional purpose.
What can SBA Real Property Loans be used for?
Only uninsured or otherwise uncompensated disaster losses are eligible for loan assistance. The Only uninsured or otherwise uncompensated disaster losses are eligible for loan assistance. The
loans may not be used to upgrade a home or build additions to the home, unless the upgrade or loans may not be used to upgrade a home or build additions to the home, unless the upgrade or

~~180 For example, the U.S. Department of Housing and Urban Development’s (HUD’s) Community Development Block~~
~~Grant-Disaster Recovery (CDBG-DR) program may support long-term disaster recovery following a hurricane if the~~
~~program is authorized and funding is appropriated for such purpose. For more information on the CDBG-DR program~~
~~as implemented in Puerto Rico following Hurricane Maria, see CRS Insight IN11389,~~ ~~CDBG-DR Funding and~~
~~Oversight: Puerto Rico, by Joseph V. Jaroscak and Michael H. Cecire. For more information on the HUD Community~~
~~Development Block Grant (CDBG) program and CDBG-DR, including authorities, and the potential use of the~~
~~program to meet the needs caused by COVID-19, see CRS Insight IN11277,~~ ~~Responding to the COVID-19 Outbreak~~
~~with Community Development Block Grant (CDBG) Authorities, by Michael H. Cecire and Joseph V. Jaroscak. For~~
~~more general information on how CDBG can be used during disaster relief, see CRS Report RL33330,~~ ~~Community~~
~~Development Block Grant Funds in Disaster Relief and Recovery, by Eugene Boyd. The program website for~~
~~Community Development Block Grant Disaster Recovery (CDBG-DR) is available at https://www.hudexchange.info/~~
~~programs/cdbg-dr/.~~
~~181 Additional federal disaster assistance programs are described in the CRS Report R41981,~~ ~~Congressional Primer on~~
~~Responding to and Recovering from Major Disasters and Emergencies, by Bruce R. Lindsay and Elizabeth M.~~
~~Webster.~~
~~182 For more information on the Small Business Administration (SBA) Disaster Loan Program, see CRS Report~~
~~R41309, The SBA Disaster Loan Program: Overview and Possible Issues for Congress, by Bruce R. Lindsay.~~
~~183 For more information on SBA assistance for COVID-19, see CRS Report R46284,~~ ~~COVID-19 Relief Assistance to~~
~~Small Businesses: Issues and Policy Options, by Robert Jay Dilger, Bruce R. Lindsay, and Sean Lowry.~~
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addition is required by city or county building codes. Secondary homes or vacation properties are addition is required by city or county building codes. Secondary homes or vacation properties are
not eligible for Real Property Loans. Repair or replacement of landscaping and/or recreational not eligible for Real Property Loans. Repair or replacement of landscaping and/or recreational
facilities cannot exceed $5,000. A homeowner may borrow funds to cover the cost of facilities cannot exceed $5,000. A homeowner may borrow funds to cover the cost of
improvements to protect their property against future damage (e.g., retaining walls, sump pumps). improvements to protect their property against future damage (e.g., retaining walls, sump pumps).
In some cases, SBA loans can be used to refinance all or part of a previous mortgage when the In some cases, SBA loans can be used to refinance all or part of a previous mortgage when the
applicant does not have credit available elsewhere, has suffered substantial disaster damage not applicant does not have credit available elsewhere, has suffered substantial disaster damage not
covered by insurance, and intends to repair the damage. SBA considers refinancing when covered by insurance, and intends to repair the damage. SBA considers refinancing when
processing each application. In addition, loan recipients can use loan money to pay their processing each application. In addition, loan recipients can use loan money to pay their
insurance deductible. insurance deductible.
What can SBA Business Physical Disaster Loans be used for?
Business Physical Disaster Loans provide up to $2 million to repair or replace damaged physical Business Physical Disaster Loans provide up to $2 million to repair or replace damaged physical
property including machinery, equipment, fixtures, inventory, and leasehold improvements that property including machinery, equipment, fixtures, inventory, and leasehold improvements that
are not covered by insurance. Damaged vehicles normally used for recreational purposes may be are not covered by insurance. Damaged vehicles normally used for recreational purposes may be
repaired or replaced with SBA loan proceeds if the borrower can submit evidence that the repaired or replaced with SBA loan proceeds if the borrower can submit evidence that the
vehicles were used for business purposes. vehicles were used for business purposes.
189 For more information on the Small Business Administration (SBA) Disaster Loan Program, see CRS Report R41309, The SBA Disaster Loan Program: Overview and Possible Issues for Congress, by Bruce R. Lindsay. 190 For more information on SBA assistance for COVID-19, see CRS Report R46284, COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options, by Robert Jay Dilger, Bruce R. Lindsay, and Sean Lowry. Congressional Research Service 29 2020 Hurricane Season FAQ What can Economic Injury Disaster Loans be used for?
Economic Injury Disaster Loans (EIDLs) provide up to $2 million to help meet financial Economic Injury Disaster Loans (EIDLs) provide up to $2 million to help meet financial
obligations and operating expenses that could have been met had the disaster not occurred. Loan obligations and operating expenses that could have been met had the disaster not occurred. Loan
proceeds can only be used for working capital necessary to enable the business or organization to proceeds can only be used for working capital necessary to enable the business or organization to
alleviate the specific economic injury and to resume normal operations. Loan amounts for EIDLs alleviate the specific economic injury and to resume normal operations. Loan amounts for EIDLs
are based on actual economic injury and financial needs, regardless of whether the business are based on actual economic injury and financial needs, regardless of whether the business
suffered any property damage. suffered any property damage.
Will SBA COVID-19 relief deplete funding for hurricane recovery?
Business demand for SBA-related COVID-19 relief in the form of EIDL and Emergency EIDL Business demand for SBA-related COVID-19 relief in the form of EIDL and Emergency EIDL
Grants has been significant and has necessitated the need for supplemental appropriations. Grants has been significant and has necessitated the need for supplemental appropriations.
Division A of the Paycheck Protection Program and Health Care Enhancement Act (P.L. 116-Division A of the Paycheck Protection Program and Health Care Enhancement Act (P.L. 116-
139), the most recent supplemental appropriation providing funding to the SBA, increased the 139), the most recent supplemental appropriation providing funding to the SBA, increased the
direct appropriation in the CARES Act (P.L. 116-136) for the program from $349 billion to more direct appropriation in the CARES Act (P.L. 116-136) for the program from $349 billion to more
than $670 billion to support that authorization amount. Though the increase has allowed the SBA than $670 billion to support that authorization amount. Though the increase has allowed the SBA
to continue to provide loans and Emergency EIDL Grants, an active hurricane season could create to continue to provide loans and Emergency EIDL Grants, an active hurricane season could create
greater need for supplemental funding to ensure the SBA has sufficient funding to provide greater need for supplemental funding to ensure the SBA has sufficient funding to provide
hurricane assistance.hurricane assistance.~~184~~191
Other
The following questions relate to additional challenges to the management of hurricane response The following questions relate to additional challenges to the management of hurricane response
and recovery operations during the COVID-19 pandemic. and recovery operations during the COVID-19 pandemic.

~~184 For more information on SBA-related COVID-19 relief see CRS Insight IN11370,~~ ~~SBA EIDL and Emergency EIDL~~
~~Grants for COVID-19, by Bruce R. Lindsay; CRS Report R46284,~~ ~~COVID-19 Relief Assistance to Small Businesses:~~
~~Issues and Policy Options, by Robert Jay Dilger, Bruce R. Lindsay, and Sean Lowry; and CRS Insight IN11232,~~ ~~SBA~~
~~Economic Injury Disaster Loans for COVID-19, by Bruce R. Lindsay.~~
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Federal, State, Territorial, Indian Tribal, and Local Capacity
Does FEMA have the capacity to handle concurrent hurricanes and COVID-19
pandemic response and recovery efforts?
According to FEMA’s According to FEMA’s COVID-19 Pandemic Operational Guidance for the 2020 Hurricane
Season, the agency “routinely responds to multiple incidents simultaneously.”, the agency “routinely responds to multiple incidents simultaneously.”~~185~~192 With regard to With regard to
the ability of the agency’s workforce to respond to hurricanes, FEMA’s guidance states the ability of the agency’s workforce to respond to hurricanes, FEMA’s guidance states
[p]ersonnel who are currently deployed will be prepared to pivot to support emergent [p]ersonnel who are currently deployed will be prepared to pivot to support emergent
needs.... FEMA is also well-positioned with thousands of personnel in the field supporting needs.... FEMA is also well-positioned with thousands of personnel in the field supporting
existing operations, thousands more available national assets ready to support emergent existing operations, thousands more available national assets ready to support emergent
disaster operations, and more personnel joining the Agency through virtual onboarding disaster operations, and more personnel joining the Agency through virtual onboarding
every two weeks.every two weeks.~~186~~193
Additionally, FEMA can augment personnel through leveraging local hire support. Additionally, FEMA can augment personnel through leveraging local hire support.~~187~~194 191 For more information on SBA-related COVID-19 relief see CRS Insight IN11370, SBA EIDL and Emergency EIDL Grants for COVID-19, by Bruce R. Lindsay; CRS Report R46284, COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options, by Robert Jay Dilger, Bruce R. Lindsay, and Sean Lowry; and CRS Insight IN11232, SBA Economic Injury Disaster Loans for COVID-19, by Bruce R. Lindsay. 192 FEMA, COVID-19 Operational Guidance for Hurricane Season, p. 3. 193 FEMA, COVID-19 Operational Guidance for Hurricane Season, p. 2. 194 FEMA, COVID-19 Operational Guidance for Hurricane Season, p. 4. Congressional Research Service 30 2020 Hurricane Season FAQ
Despite the agency’s ability to shift staff around and onboard new staff, a Government Despite the agency’s ability to shift staff around and onboard new staff, a Government
Accountability Office (GAO) report indicated challenges with staffing shortfalls and training new Accountability Office (GAO) report indicated challenges with staffing shortfalls and training new
employees, stating that employees, stating that
[t]he concurrent nature of the disasters in both the 2017 and 2018 disaster seasons [t]he concurrent nature of the disasters in both the 2017 and 2018 disaster seasons
highlighted the complex challenges facing FEMA’s workforce. The 2017 and 2018 disaster highlighted the complex challenges facing FEMA’s workforce. The 2017 and 2018 disaster
seasons required FEMA management to redeploy response personnel from one disaster to seasons required FEMA management to redeploy response personnel from one disaster to
the next, and the agency reported facing staffing shortfalls throughout the response to these the next, and the agency reported facing staffing shortfalls throughout the response to these
disasters. Additionally, a large influx of new employees added to challenges with providing disasters. Additionally, a large influx of new employees added to challenges with providing
timely, program-specific training. FEMA’s disaster workforce is expected to be in high timely, program-specific training. FEMA’s disaster workforce is expected to be in high
demand for the foreseeable future.demand for the foreseeable future.~~188~~195
Resources
CRS has developed products on various topics related to federal disaster response and recovery. CRS has developed products on various topics related to federal disaster response and recovery.
Some select CRS products are included below. Some select CRS products are included below.
 For more information on the disaster response process, as well as the roles of  For more information on the disaster response process, as well as the roles of
federal agencies and types of federal assistance, see CRS Report R41981, federal agencies and types of federal assistance, see CRS Report R41981,
Congressional Primer on Responding to and Recovering from Major Disasters
and Emergencies, by Bruce R. Lindsay and Elizabeth M. Webster. , by Bruce R. Lindsay and Elizabeth M. Webster.
 For more information on the primary source of funding for the federal  For more information on the primary source of funding for the federal
government’s domestic general disaster relief programs authorized under the government’s domestic general disaster relief programs authorized under the
Stafford Act, see CRS Report R45484, Stafford Act, see CRS Report R45484, The Disaster Relief Fund: Overview and
Issues, by William L. Painter. , by William L. Painter.
 For more information on the FEMA PA program, including descriptions of each  For more information on the FEMA PA program, including descriptions of each
type of PA and the factors considered when determining whether to authorize PA, type of PA and the factors considered when determining whether to authorize PA,
see CRS In Focus IF11529, see CRS In Focus IF11529, A Brief Overview of FEMA’s Public Assistance
Program, by Erica A. Lee. , by Erica A. Lee.

~~185 FEMA, COVID-19 Operational Guidance for Hurricane Season, p. 3.~~
~~186 FEMA, COVID-19 Operational Guidance for Hurricane Season, p. 2.~~
~~187 FEMA, COVID-19 Operational Guidance for Hurricane Season, p. 4.~~
~~188 U.S. Government Accountability Office,~~ ~~FEMA Disaster Workforce: Actions Needed to Address Deployment and~~
~~Staff Development Challenges, GAO-20-360, May 2020, p. 2, https://www.gao.gov/assets/710/706619.pdf.~~
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 For more information on the FEMA IA program, including descriptions of each  For more information on the FEMA IA program, including descriptions of each
type of IA and the factors considered when determining whether to authorize IA, type of IA and the factors considered when determining whether to authorize IA,
see CRS In Focus IF11298, see CRS In Focus IF11298, A Brief Overview of FEMA’s Individual Assistance
Program, by Elizabeth M. Webster, and CRS Report R46014, , by Elizabeth M. Webster, and CRS Report R46014, FEMA Individual
Assistance Programs: An Overview, by Elizabeth M. Webster. , by Elizabeth M. Webster.
 For an overview of the NFIP, its structure, flood mapping, the mandatory  For an overview of the NFIP, its structure, flood mapping, the mandatory
purchase requirement, the NFIP’s financial standing, and NFIP reauthorization, purchase requirement, the NFIP’s financial standing, and NFIP reauthorization,
see CRS In Focus IF10988, see CRS In Focus IF10988, A Brief Introduction to the National Flood Insurance
Program, by Diane P. Horn, and CRS Insight IN10450, , by Diane P. Horn, and CRS Insight IN10450, Private Flood Insurance
and the National Flood Insurance Program (NFIP), by Baird Webel and Diane P. , by Baird Webel and Diane P.
Horn. Horn.
 For an overview of the three hazard mitigation grant programs FEMA  For an overview of the three hazard mitigation grant programs FEMA
administers, see CRS Insight IN11187, administers, see CRS Insight IN11187, Federal Emergency Management Agency
(FEMA) Hazard Mitigation Assistance, by Diane P. Horn. , by Diane P. Horn.
 For more information on the SBA Disaster Loan Program, see CRS Report  For more information on the SBA Disaster Loan Program, see CRS Report
R44412, R44412, SBA Disaster Loan Program: Frequently Asked Questions, by Bruce R. , by Bruce R.
LindsayLindsay. 195 U.S. Government Accountability Office, FEMA Disaster Workforce: Actions Needed to Address Deployment and Staff Development Challenges, GAO-20-360, May 2020, p. 2, https://www.gao.gov/assets/710/706619.pdf. .
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Appendix. Damage Assessments and Stafford Act
Declaration Considerations
State, territorial, and Indian tribal governments do not automatically receive federal assistance State, territorial, and Indian tribal governments do not automatically receive federal assistance
when an incidentwhen an incident occurs. Instead, the governor of the affected state or territory, or the chief occurs. Instead, the governor of the affected state or territory, or the chief
executive of the affected Indian tribal government must request that the President declare an executive of the affected Indian tribal government must request that the President declare an
emergency or major disaster and that federal assistance be authorized.emergency or major disaster and that federal assistance be authorized.~~189~~196 This is because federal This is because federal
assistance is intended to supplement—not supplant—local, state, territorial, or Indian tribal assistance is intended to supplement—not supplant—local, state, territorial, or Indian tribal
government response and recovery efforts.government response and recovery efforts.~~190~~197 In making a declaration request, the governor or In making a declaration request, the governor or
tribal chief executive is claiming and must demonstrate that they are unable to effectively respond tribal chief executive is claiming and must demonstrate that they are unable to effectively respond
to the incident without federal assistance.to the incident without federal assistance.~~191~~198
The governor or chief executive’s request for a presidential declaration of emergency or major The governor or 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 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 committed, and an estimate of the amount and severity of the disaster-caused damages, in
addition to other required information.addition to other required information.~~192~~199 FEMA uses information submitted by the requesting FEMA uses information submitted by the requesting
state, territory, or Indian tribal government to evaluate specific factors (described below) that are state, territory, or Indian tribal government to evaluate specific factors (described below) that are
used to determine whether to authorize the governor or chief executive’s request for a presidential used to determine whether to authorize the governor or chief executive’s request for a presidential
disaster declaration under the Stafford Act.disaster declaration under the Stafford Act.~~193~~200 This includes information collected through the This includes information collected through the
Preliminary Damage Assessment (PDA) process, which is validated by local, state, territorial, Preliminary Damage Assessment (PDA) process, which is validated by local, state, territorial,
Indian tribal government, and federal authorities.Indian tribal government, and federal authorities.~~194~~201 Damage assessments are typically conducted Damage assessments are typically conducted
on-site; however, due to the COVID-19 pandemic, FEMA regional staff may elect to complete on-site; however, due to the COVID-19 pandemic, FEMA regional staff may elect to complete
PDAs virtually.PDAs virtually.~~195~~202
FEMA provides a recommendation to the President, and the decision to grant a declaration FEMA provides a recommendation to the President, and the decision to grant a declaration
request is at the President’s discretion.request is at the President’s discretion.~~196~~203 The authority to designate assistance types to be made The authority to designate assistance types to be made

~~189~~196 44 C.F.R. §§206.35, 206.36, 206.40(a); FEMA, “The Disaster Declaration Process”; FEMA, “FAQs: Current 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, 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-https://www.fema.gov/frequently-asked-questions-current-process-tribal-governments-request-presidential-
declaration.” For more information about the disaster declaration process, see CRS Report R43784, declaration.” For more information about the disaster declaration process, see CRS Report R43784, FEMA’s Disaster
Declaration Process: A Primer, by Bruce R. Lindsay. , by Bruce R. Lindsay.
~~190~~197 The governor or tribal chief executive’s request must document that the “situation is of such severity and magnitude The governor or tribal chief executive’s request must document that the “situation is of such severity and magnitude
that effective response is beyond the capabilities of the State and affected local governments” and that supplemental that effective response is beyond the capabilities of the State and affected local governments” and that supplemental
federal assistance is necessary (44 C.F.R. §§206.35 and 206.36). To justify a declaration of emergency, supplemental federal assistance is necessary (44 C.F.R. §§206.35 and 206.36). To justify a declaration of emergency, supplemental
federal assistance must be needed to “save lives and to protect property, public health and safety, or to lessen or avert federal assistance must be needed to “save lives and to protect property, public health and safety, or to lessen or avert
the threat of a disaster” (44 C.F.R. §206.3). To justify a declaration of major disaster, federal assistance must be needed the threat of a disaster” (44 C.F.R. §206.3). To justify a declaration of major disaster, federal assistance must be needed
to “supplement the efforts and available resources of the State, local governments, disaster relief organizations, and to “supplement the efforts and available resources of the State, local governments, disaster relief organizations, and
compensation by insurance for disaster-related losses” (44 C.F.R. §206.36). compensation by insurance for disaster-related losses” (44 C.F.R. §206.36).
~~191~~198 44 C.F.R. §§206.35 and 206.36. 44 C.F.R. §§206.35 and 206.36.
~~192~~199 For a list and description of information requirements to accompany a governor or tribal chief executive’s request For a list and description of information requirements to accompany a governor or tribal chief executive’s request
for an emergency declaration and a major disaster declaration, see 44 C.F.R. §206.35 and 44 C.F.R. §206.36, for an emergency declaration and a major disaster declaration, see 44 C.F.R. §206.35 and 44 C.F.R. §206.36,
respectively. respectively.
~~193~~200 44 C.F.R. §206.48. 44 C.F.R. §206.48.
~~194~~201 See 44 C.F.R. §206.48(a)(1)-(3) and FEMA, See 44 C.F.R. §206.48(a)(1)-(3) and FEMA, Preliminary Damage Assessment Guide, May 2020, p. 1, , May 2020, p. 1,
https://www.fema.gov/media-library-data/1588956460880-0b0420c837695fc63e6ea8169dbf80fa/https://www.fema.gov/media-library-data/1588956460880-0b0420c837695fc63e6ea8169dbf80fa/
Preliminary_Damage_Assessment_Guide.pdf (hereinafter FEMA, Preliminary_Damage_Assessment_Guide.pdf (hereinafter FEMA, PDA Guide). ).
~~195~~202 See FEMA, See FEMA, COVID-19 Pandemic Operational Guidance for the 2020 Hurricane Season, p. 14. , p. 14.
~~196~~203 44 C.F.R. §206.38. 44 C.F.R. §206.38.
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available is delegated to the FEMA Assistant Administrator for the Disaster Assistance available is delegated to the FEMA Assistant Administrator for the Disaster Assistance
Directorate.Directorate.~~197~~204
FEMA regulation and guidance detail the factors considered by FEMA when evaluating a FEMA regulation and guidance detail the factors considered by FEMA when evaluating a
governor or chief executive’s request for a major disaster declaration authorizing Public governor or chief executive’s request for a major disaster declaration authorizing Public
Assistance and/or Individual Assistance. Assistance and/or Individual Assistance.
Public Assistance
According to the FEMA According to the FEMA Preliminary Damage Assessment Guide issued in May 2020, to estimate issued in May 2020, to estimate
the cost of assistance, states, territories, and Indian tribal governments assess damage and the cost of assistance, states, territories, and Indian tribal governments assess damage and
estimate project costs.estimate project costs.~~198~~205 In order to be authorized to receive a presidential major disaster In order to be authorized to receive a presidential major disaster
declaration authorizing PA, the damage estimate must reach the statewide per-capita indicator, declaration authorizing PA, the damage estimate must reach the statewide per-capita indicator,
and for a jurisdiction (e.g., county) to be designated for PA, it must have a damage estimate that and for a jurisdiction (e.g., county) to be designated for PA, it must have a damage estimate that
reaches the county per capita indicator.reaches the county per capita indicator.~~199~~206 In addition to the estimated cost of assistance, FEMA In addition to the estimated cost of assistance, FEMA
also considers factors that may reduce or increase the estimated cost of PA or the capacity of the also considers factors that may reduce or increase the estimated cost of PA or the capacity of the
state, territory, or Indian tribal government to respond or recover. These factors include (1) severe state, territory, or Indian tribal government to respond or recover. These factors include (1) severe
localized impacts; (2) insurance coverage in force; (3) hazard mitigation (i.e., the estimated localized impacts; (2) insurance coverage in force; (3) hazard mitigation (i.e., the estimated
damages prevented by mitigation); (4) recent multiple disasters within the state, territory, or tribe, damages prevented by mitigation); (4) recent multiple disasters within the state, territory, or tribe,
or territory; and (5) the estimated assistance provided by other federal programs.or territory; and (5) the estimated assistance provided by other federal programs.~~200~~207
For Indian tribal governments requesting their own presidential disaster declaration authorizing For Indian tribal governments requesting their own presidential disaster declaration authorizing
PA, FEMA will consider the minimum damage amount and impacts of the disaster, in accordance PA, FEMA will consider the minimum damage amount and impacts of the disaster, in accordance
with FEMA’s with FEMA’s Tribal Declarations Pilot Guidance. The factors considered to evaluate the impacts . The factors considered to evaluate the impacts
of the disaster are: (1) types and amounts damaged; (2) economic impact of the incident; (3) tribal of the disaster are: (1) types and amounts damaged; (2) economic impact of the incident; (3) tribal
government resources; (4) demographics; (5) 24-month disaster history; (6) evaluation of government resources; (4) demographics; (5) 24-month disaster history; (6) evaluation of
previous mitigation efforts; (7) programs of other federal assistance; (8) insurance; (9) unique previous mitigation efforts; (7) programs of other federal assistance; (8) insurance; (9) unique
conditions that affect tribal governments; and (10) other relevant information.conditions that affect tribal governments; and (10) other relevant information.~~201~~208
Individual Assistance
According to the FEMA According to the FEMA Preliminary Damage Assessment Guide, the Individual Assistance , the Individual Assistance
factors considered for states and territories differ from the factors considered for Indian tribal factors considered for states and territories differ from the factors considered for Indian tribal
governments. The following six factors are set in FEMA’s regulation 44 C.F.R. §206.48(b), and governments. The following six factors are set in FEMA’s regulation 44 C.F.R. §206.48(b), and
are considered for states and territories: (1) state or territory fiscal capacity and resource are considered for states and territories: (1) state or territory fiscal capacity and resource
availability; (2) uninsured home and personal property losses; (3) the disaster-impacted availability; (2) uninsured home and personal property losses; (3) the disaster-impacted
population profile; (4) impact to community infrastructure (i.e., life-saving and life-sustaining population profile; (4) impact to community infrastructure (i.e., life-saving and life-sustaining
services, essential community services, and transportation infrastructure and utilities); (5) services, essential community services, and transportation infrastructure and utilities); (5)
casualties (i.e., people who are missing, injured, or deceased); and (6) disaster-related casualties (i.e., people who are missing, injured, or deceased); and (6) disaster-related
unemployment.unemployment.~~202~~209 For Indian tribal governments requesting their own presidential disaster declaration authorizing IA, FEMA will consider the following factors to assess the impacts of the disaster, in accordance

~~197~~204 44 C.F.R. §206.40(a). 44 C.F.R. §206.40(a).
~~198~~205 FEMA, FEMA, PDA Guide, pp. 56-57. , pp. 56-57.
~~199~~206 FEMA, FEMA, PDA Guide, pp. 56-57. , pp. 56-57.
~~200~~207 44 C.F.R. §206.48(a)(2) and 44 C.F.R. §206.48(a)(3)-(6). 44 C.F.R. §206.48(a)(2) and 44 C.F.R. §206.48(a)(3)-(6).
~~201~~208 FEMA, FEMA, Tribal Declarations Pilot Guidance, , ~~January 2017, pp. 34-36, https://www.fema.gov/media-library-data/~~
~~1523033284358-20b86875d12843441a521a6141c15099/Pilot_Guidance.pdf (hereinafter FEMA,~~ ~~Tribal Declarations~~
~~Pilot Guidance~~).
~~202~~pp. 34-36. 209 44 C.F.R. §206.48(b); and FEMA, 44 C.F.R. §206.48(b); and FEMA, PDA Guide, p. 15. , p. 15.
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2020 Hurricane Season FAQ

~~For Indian tribal governments requesting their own presidential disaster declaration authorizing~~
~~IA, FEMA will consider the following factors to assess the impacts of the disaster, in accordance~~
with FEMA’s with FEMA’s Tribal Declarations Pilot Guidance: (1) uninsured home and personal property : (1) uninsured home and personal property
losses; (2) availability of housing resources; (3) casualties; (4) impact to community losses; (2) availability of housing resources; (3) casualties; (4) impact to community
infrastructure; (5) disaster-impacted population profile; (6) voluntary agency and other assistance; infrastructure; (5) disaster-impacted population profile; (6) voluntary agency and other assistance;
(7) tribal government resources; (8) the unique conditions that may affect tribal governments; and (7) tribal government resources; (8) the unique conditions that may affect tribal governments; and
(9) other relevant information.(9) other relevant information.~~203~~
210
Author Information

Elizabeth M. Webster, Coordinator Elizabeth M. Webster, Coordinator
Bruce R. Lindsay Bruce R. Lindsay
Analyst in Emergency Management and Disaster Analyst in Emergency Management and Disaster
Analyst in American National Government Analyst in American National Government
Recovery Recovery

Diane P. Horn Diane P. Horn
William L. Painter William L. Painter
Analyst in Flood Insurance and Emergency Analyst in Flood Insurance and Emergency
Specialist in Homeland Security and Appropriations Specialist in Homeland Security and Appropriations
Management Management

Erica A. Lee Erica A. Lee
Natalie Keegan Natalie Keegan
Analyst in Emergency Management and Disaster Analyst in Emergency Management and Disaster
Analyst in American Federalism and Emergency Analyst in American Federalism and Emergency
Recovery Recovery
Management Policy Management Policy

Acknowledgments
Shawn Reese, Analyst in Emergency Management and Homeland Security Policy, assisted with editorial Shawn Reese, Analyst in Emergency Management and Homeland Security Policy, assisted with editorial
comments and suggestions. comments and suggestions.

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
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~~203~~210 FEMA, FEMA, Tribal Declarations Pilot Guidance, pp. 36-38; see also FEMA, , pp. 36-38; see also FEMA, PDA Guide, p. 15. , p. 15.
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