FEMA Individual Assistance Programs:
November 3, 2022January 3, 2023
An Overview
Elizabeth M. Webster
Following a presidential declaration of emergency or major disaster under the Robert T. Stafford
Following a presidential declaration of emergency or major disaster under the Robert T. Stafford
Analyst in Emergency
Analyst in Emergency
Disaster Relief and Emergency Assistance Act (Stafford Act; P.L. 93-288, as amended; 42
Disaster Relief and Emergency Assistance Act (Stafford Act; P.L. 93-288, as amended; 42
Management and Disaster
Management and Disaster
U.S.C. §§5121 et seq.), the Federal Emergency Management Agency (FEMA) may provide three
U.S.C. §§5121 et seq.), the Federal Emergency Management Agency (FEMA) may provide three
Recovery
Recovery
primary forms of assistance: Individual Assistance (IA), Public Assistance (PA), and Hazard
primary forms of assistance: Individual Assistance (IA), Public Assistance (PA), and Hazard
Mitigation Assistance (HMA). IA, which is the focus of this report, supports the disaster recovery
Mitigation Assistance (HMA). IA, which is the focus of this report, supports the disaster recovery
of affected individuals and households. PA provides grants to local, state, territorial, and Indian of affected individuals and households. PA provides grants to local, state, territorial, and Indian
tribal governments, as well as certain private nonprofit organizations for emergency protective
tribal governments, as well as certain private nonprofit organizations for emergency protective
measures, debris removal operations, and repair or replacement of damaged public infrastructure. HMA funds pay for measures, debris removal operations, and repair or replacement of damaged public infrastructure. HMA funds pay for
mitigation and resiliency projects and programs to reduce the threat or impacts of future disasters. mitigation and resiliency projects and programs to reduce the threat or impacts of future disasters.
This report provides brief descriptions of the IA categories:
This report provides brief descriptions of the IA categories:
1. Crisis Counseling Assistance and Training Program;
1. Crisis Counseling Assistance and Training Program;
2. Disaster Case Management;
2. Disaster Case Management;
3. Disaster Legal Services;
3. Disaster Legal Services;
4. Disaster Unemployment Assistance;
4. Disaster Unemployment Assistance;
5. Individuals and Households Program; and
5. Individuals and Households Program; and
6. Mass Care and Emergency Assistance.
6. Mass Care and Emergency Assistance.
The Individuals and Households Program (IHP) is covered in greatest detail herein because it is the primary program for
The Individuals and Households Program (IHP) is covered in greatest detail herein because it is the primary program for
providing financial and direct federal assistance to individuals and households following a presidential declaration of providing financial and direct federal assistance to individuals and households following a presidential declaration of
emergency or major disaster. emergency or major disaster.
In addition to the IHP, the Crisis Counseling Assistance and Training Program may also be authorized pursuant to either an emergency or major disaster declaration. The other forms of IA may only The other forms of IA provide services to support the recovery of individuals and households, provide services to support the recovery of individuals and households,
when authorized pursuant to a major disaster declaration. when authorized pursuant to a major disaster declaration.
The IA program information included herein is based on the guidance that FEMA initially released in March 2019, and
The IA program information included herein is based on the guidance that FEMA initially released in March 2019, and
subsequently updated. The current version of FEMA’s comprehensive IA program policy resource, the Individual Assistance subsequently updated. The current version of FEMA’s comprehensive IA program policy resource, the Individual Assistance
Program and Policy Guide (IAPPG), was released in May 2021 and applies to emergencies and disasters declared on or after Program and Policy Guide (IAPPG), was released in May 2021 and applies to emergencies and disasters declared on or after
May 26, 2021 (previous versions of the guidance apply to disasters declared prior to this date). May 26, 2021 (previous versions of the guidance apply to disasters declared prior to this date).
This report also briefly describes the IA factors considered when evaluating a governor or chief executive’s request for IA
This report also briefly describes the IA factors considered when evaluating a governor or chief executive’s request for IA
pursuant to a major disaster declaration. State, territory, and Indian tribal governments do not automatically receive a pursuant to a major disaster declaration. State, territory, and Indian tribal governments do not automatically receive a
presidential Stafford Act declaration, nor do they automatically receive IA, when a disaster occurs. Instead, the governor or presidential Stafford Act declaration, nor do they automatically receive IA, when a disaster occurs. Instead, the governor or
tribal chief executive must request that the President declare an emergency or major disaster and that IA be authorized. tribal chief executive must request that the President declare an emergency or major disaster and that IA be authorized.
FEMA then evaluates the governor or chief executive’s request using set factors and provides a recommendation to the FEMA then evaluates the governor or chief executive’s request using set factors and provides a recommendation to the
President, who has sole discretion to authorize such a request. The evaluation of the IA factors, in addition to helping FEMA President, who has sole discretion to authorize such a request. The evaluation of the IA factors, in addition to helping FEMA
determine whether or not to recommend the President declare a major disaster, helps FEMA identify the determine whether or not to recommend the President declare a major disaster, helps FEMA identify the
t ypestypes of IA that are of IA that are
needed. needed.
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FEMA Individual Assistance Programs: An Overview
Contents
Introduction ..................................................................................................................................... 1
Individual Assistance Programs ...................................................................................................... 2
Crisis Counseling Assistance and Training Program ................................................................ 2
Disaster Case Management ....................................................................................................... 3
Disaster Legal Services ............................................................................................................. 4 Disaster Unemployment Assistance .......... 4
Disaster Unemployment Assistance ................................................................................ 5
Individuals and Households Program ....................................................................................... 5
Housing Assistance ............................................................................................................. 6
Other Needs Assistance ..................................................................................................... 10
Mass Care and Emergency Assistance .................................................................................... 13
IA Factors for a Major Disaster Declaration ................................................................................. 13
Tables
Table 1. Types of Housing Assistance and Other Needs Assistance ............................................... 6
Table 2. IA Factors for a Governor’s Major Disaster Declaration Request ................................... 15
Table 3. IA Factors for a Chief Executive’s Major Disaster Declaration Request ........................ 16
Contacts
Author Information ........................................................................................................................ 17
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FEMA Individual Assistance Programs: An Overview
Introduction
When a disaster occurs, the Federal Emergency Management Agency (FEMA) may assist When a disaster occurs, the Federal Emergency Management Agency (FEMA) may assist
individualsindividuals
with their recovery when the Individual Assistance (IA) program is authorized with their recovery when the Individual Assistance (IA) program is authorized
pursuant to a presidential declaration of emergency or major disaster under the Robert T. Stafford pursuant to a presidential declaration of emergency or major disaster under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (Stafford Act; P.L. 93-288, as amended; 42 U.S.C. Disaster Relief and Emergency Assistance Act (Stafford Act; P.L. 93-288, as amended; 42 U.S.C.
§§5121 et seq.).1 This report provides brief descriptions of the IA categories authorized under the §§5121 et seq.).1 This report provides brief descriptions of the IA categories authorized under the
Stafford Act, including the Crisis Counseling Assistance and Training Program (CCP);2 Disaster Stafford Act, including the Crisis Counseling Assistance and Training Program (CCP);2 Disaster
Case Management (DCM),3 Disaster Legal Services (DLS);4 Disaster Unemployment Assistance Case Management (DCM),3 Disaster Legal Services (DLS);4 Disaster Unemployment Assistance
(DUA);5 and assistance for housing and/or other needs (referred to as other needs assistance or (DUA);5 and assistance for housing and/or other needs (referred to as other needs assistance or
ONA) through the Individuals and Households Program (IHP).6 Also included is a brief overview ONA) through the Individuals and Households Program (IHP).6 Also included is a brief overview
of Mass Care and Emergency Assistance (MC/EA).of Mass Care and Emergency Assistance (MC/EA).
Al
All forms of IA may be authorized pursuant to a major disaster declaration; however, only the forms of IA may be authorized pursuant to a major disaster declaration; however, only the
IHP IHP
and CCP may be authorized pursuant to either an emergency or major disaster declaration.may be authorized pursuant to either an emergency or major disaster declaration.
The7 In addition, the IHP is IHP is
also the only form of FEMA assistance that provides grants directly to individuals and households also the only form of FEMA assistance that provides grants directly to individuals and households
to support their disaster recovery by helping address their housing and other needs (FEMA may to support their disaster recovery by helping address their housing and other needs (FEMA may
also provide direct assistance for housing under the IHP). also provide direct assistance for housing under the IHP).
Al All forms of IA are funded through the forms of IA are funded through the
Disaster Relief Fund (DRF), which is managed by FEMA.Disaster Relief Fund (DRF), which is managed by FEMA.
7 Additional y, the8 The federal government federal government
provides 100% of the funding for CCP, DCM, DLS, DUA, and IHP-Housing Assistance. IHP-provides 100% of the funding for CCP, DCM, DLS, DUA, and IHP-Housing Assistance. IHP-
ONA, however, is subject to a statutorily set 75% federal and 25% nonfederal cost share, borne ONA, however, is subject to a statutorily set 75% federal and 25% nonfederal cost share, borne
by the affected state, territory, or tribe. MC/EA services are funded under the Public Assistance by the affected state, territory, or tribe. MC/EA services are funded under the Public Assistance
program, and are subject to a cost share that program, and are subject to a cost share that
shal shall be not less than 75% federal and 25% be not less than 75% federal and 25%
nonfederal, which may be adjusted.nonfederal, which may be adjusted.
8
9
1 Disaster Relief1 Disaster Relief
Act of 1974 (P.L. 93-288) (retitled the Robert TAct of 1974 (P.L. 93-288) (retitled the Robert T
. Stafford Disaster Relief and Emergency Assistance . Stafford Disaster Relief and Emergency Assistance
Act—hereinafter Stafford ActAct—hereinafter Stafford Act
—and codified, as amended, at 42 U.S.C.—and codified, as amended, at 42 U.S.C.
§§5121§§5121
et seq.). et seq.).
T heThe Federal Emergency Federal Emergency
Management Agency’s (FEMA’s) “Management Agency’s (FEMA’s) “
How a Disaster GetsHow a Disaster Gets
Declared” webDeclared” web
page, available at https://www.fema.gov/page, available at https://www.fema.gov/
disasters/how-declared,disasters/how-declared,
provides additional information on the declaration process and the types of assistance that may provides additional information on the declaration process and the types of assistance that may
be authorized pursuant to a presidential declaration of emergency or major disasterbe authorized pursuant to a presidential declaration of emergency or major disaster
(hereinafter FEMA, “(hereinafter FEMA, “
How a How a
Disaster Gets Declared”). Disaster Gets Declared”).
T heThe Individual Assistance (IA) program is the focus of this Individual Assistance (IA) program is the focus of this
rep ortreport. For information on . For information on
FEMA’s other disaster assistance programs, includingFEMA’s other disaster assistance programs, including
the Public Assistance (PA) program, which may provide grants the Public Assistance (PA) program, which may provide grants
to sub-federalto sub-federal
governments and certain private nonprofit organizations for emergency work following an emergency or governments and certain private nonprofit organizations for emergency work following an emergency or
major disaster declaration, and permanent work following a major disaster declaration, see CRSmajor disaster declaration, and permanent work following a major disaster declaration, see CRS
In Focus IF11529, In Focus IF11529,
A
Brief Overview of FEMA’s Public Assistance Program , by Erica A. Lee, and CRS, by Erica A. Lee, and CRS
Report R46749, Report R46749,
FEMA’s Public
Assistance Program : A Prim er: A Primer and Considerations for Congress, by Erica A. Lee. For additional information on , by Erica A. Lee. For additional information on
FEMA’s Hazard Mitigation Assistance (HMA) fundsFEMA’s Hazard Mitigation Assistance (HMA) funds
for mitigation and resiliency projects and programs to reducefor mitigation and resiliency projects and programs to reduce
the the
threat or impacts of future disasters, see CRSthreat or impacts of future disasters, see CRS
Insight IN11187, Insight IN11187,
Federal Em ergencyEmergency Management Agency (FEMA)
Hazard Mitigation Assistance, by Diane P. Horn. , by Diane P. Horn.
2 Stafford Act Section 416, 42 U.S.C.
2 Stafford Act Section 416, 42 U.S.C.
§5183. §5183.
3 Stafford Act Section 426, 42 U.S.C.3 Stafford Act Section 426, 42 U.S.C.
§5189d. §5189d.
4 Stafford Act Section 415, 42 U.S.C.4 Stafford Act Section 415, 42 U.S.C.
§5182. §5182.
5 Stafford Act Section 410, 42 U.S.C.5 Stafford Act Section 410, 42 U.S.C.
§5177. §5177.
6 Stafford Act Section 408, 42 U.S.C.6 Stafford Act Section 408, 42 U.S.C.
§5174. 7 FEMA publishes §5174. 7 Stafford Act Section 502(a)(6), 42 U.S.C. §5192(a)(6), as amended by Section 7321 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (P.L. 117-263), which amended the Stafford Act to enable Crisis Counseling to be authorized pursuant to an emergency declaration.
8 FEMA publishes monthly reports with information on the Disaster Relief Fundmonthly reports with information on the Disaster Relief Fund
(DRF) and available funding.(DRF) and available funding.
See See
FEMA, “Disaster Relief Fund:FEMA, “Disaster Relief Fund:
Monthly Reports,” https://www.fema.gov/about/reports-and-data/disaster-relief-fund-Monthly Reports,” https://www.fema.gov/about/reports-and-data/disaster-relief-fund-
monthly-reports. For more information on the DRF and its history, see CRSmonthly-reports. For more information on the DRF and its history, see CRS
Report R45484, Report R45484,
The Disaster Relief Fund:
Overview and Issues, by William L. Painter. , by William L. Painter.
89 Stafford Act Section 403(b), 42 U.S.C. Stafford Act Section 403(b), 42 U.S.C.
§5170b(b). For additional information on the federal cost share for disaster §5170b(b). For additional information on the federal cost share for disaster
assistance, see CRS Report R41101, FEMA Disaster Cost-Shares: Evolution and Analysis, by Natalie Keegan and Elizabeth M. Webster.
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FEMA Individual Assistance Programs: An Overview
The program-related information included in this report is based on FEMA’s guidance, which
The program-related information included in this report is based on FEMA’s guidance, which
was released in May 2021. The was released in May 2021. The
Individual Assistance Program and Policy Guide (IAPPG) is is
FEMA’s comprehensive IA program policy resource; it applies to emergencies and disasters FEMA’s comprehensive IA program policy resource; it applies to emergencies and disasters
declared on or after May 26, 2021 (previous versions of the guidance apply to disasters declared declared on or after May 26, 2021 (previous versions of the guidance apply to disasters declared
prior to this date).prior to this date).
910 FEMA has released additional FEMA has released additional
program guidance, including via memorandum, program guidance, including via memorandum,
which also is used with the which also is used with the
IAPPG..
1011
In addition to an overview of the IA programs, this report briefly describes the process for
In addition to an overview of the IA programs, this report briefly describes the process for
authorizing IA, focusing primarily on the factors FEMA considers when evaluating a governor or authorizing IA, focusing primarily on the factors FEMA considers when evaluating a governor or
chief executive’s request for a major disaster declaration that authorizes IA. The factors FEMA chief executive’s request for a major disaster declaration that authorizes IA. The factors FEMA
considers when evaluating a governor’s request for IA were revised via rulemaking and went into considers when evaluating a governor’s request for IA were revised via rulemaking and went into
effect in June 2019, as required by Section 1109 of the Sandy Recovery Improvement Act of 2013 effect in June 2019, as required by Section 1109 of the Sandy Recovery Improvement Act of 2013
(SRIA, Division B of P.L. 113-2).(SRIA, Division B of P.L. 113-2).
1112 The factors FEMA considers when evaluating a chief The factors FEMA considers when evaluating a chief
executive’s request for a major disaster declaration were updated in January 2017 with FEMA’s executive’s request for a major disaster declaration were updated in January 2017 with FEMA’s
release of the release of the
Tribal Declarations Pilot Guidance..
1213
Individual Assistance Programs
Various types of FEMAVarious types of FEMA
IA may be provided to disaster survivors.IA may be provided to disaster survivors.
1314 The available IA options The available IA options
depend on the type of Stafford Act declaration, and the type(s) of IA requested by the governor or depend on the type of Stafford Act declaration, and the type(s) of IA requested by the governor or
tribal chief executive. Brief descriptions of each form of IA are included below. tribal chief executive. Brief descriptions of each form of IA are included below.
Crisis Counseling Assistance and Training Program1415
FEMA provides Crisis Counseling Assistance and Training Program (CCP) grant funding to local, FEMA provides Crisis Counseling Assistance and Training Program (CCP) grant funding to local,
state, territory, and tribal governments to provide CCP services or contract with local mental state, territory, and tribal governments to provide CCP services or contract with local mental
health service providers for CCP services.15 The CCP supplements efforts to assist disaster 9 Previous versions of FEMA’s IA guidance can be found in FEMA’s “ Individual Assistance Program and Policy Guide Archive,” available
assistance, see CRS Report R41101, FEMA Disaster Cost-Shares: Evolution and Analysis, by Natalie Keegan and Elizabeth M. Webster.
10 Previous versions of FEMA’s IA guidance can be found in FEMA’s “Individual Assistance Program and Policy Guide Archive,” available at https://www.fema.gov/assistance/individual/policy-guidance-and-factat https://www.fema.gov/assistance/individual/policy-guidance-and-fact
-sheets/archived--sheets/archived-
program-policy-guide. program-policy-guide.
1011 FEMA’s FEMA’s
Individual Assistance Program and Policy Guide (IAPPG), v. 1.1, FP 104-009-03, May 2021, available at , v. 1.1, FP 104-009-03, May 2021, available at
https://www.fema.gov/sites/default/files/documents/fema_iappg-1.1.pdf (hereinafter FEMA, https://www.fema.gov/sites/default/files/documents/fema_iappg-1.1.pdf (hereinafter FEMA,
IAPPG), and related ), and related
guidanceguidance
can be found at FEMA, “can be found at FEMA, “
Policy, Guidance and Fact Sheets,” https://www.fema.gov/assistance/individual/Policy, Guidance and Fact Sheets,” https://www.fema.gov/assistance/individual/
policy-guidance-and-fact-sheets. policy-guidance-and-fact-sheets.
1112 44 C.F.R. §206.48(b). 44 C.F.R. §206.48(b).
1213 FEMA, FEMA,
Tribal Declarations Pilot Guidance, January 2017, pp. 36-38, https://www.fema.gov/sites/default/files/2020-, January 2017, pp. 36-38, https://www.fema.gov/sites/default/files/2020-
04/tribal-declaration-pilot-guidance.pdf (hereinafter FEMA, 04/tribal-declaration-pilot-guidance.pdf (hereinafter FEMA,
Tribal Declarations Pilot Guidance). Section 1110 of the ). Section 1110 of the
SandySandy
Recovery Improvement Act of 2013 (SRIA, Division BRecovery Improvement Act of 2013 (SRIA, Division B
of P.L. 113-2) authorized tribal chief executives to of P.L. 113-2) authorized tribal chief executives to
request presidential Stafford Act declarations. request presidential Stafford Act declarations.
1314 For a brief reference on FEMA’s IA programs, see CRS For a brief reference on FEMA’s IA programs, see CRS
In FocusIn Focus
IF11298, IF11298,
A Brief Overview of FEMA’s Individual
Assistance Program , by Elizabeth M. Webster; see also CRS, by Elizabeth M. Webster; see also CRS
Infographic IG10024, Infographic IG10024,
How FEMA Individual Assistance
Works,,
by Elizabeth M. Webster. For additional information on FEMA’s IA programs, as wellby Elizabeth M. Webster. For additional information on FEMA’s IA programs, as well
as other federal as other federal
assistance for disaster response and recovery, see CRSassistance for disaster response and recovery, see CRS
Report RL31734, Report RL31734,
Federal Disaster Assistance Response and
Recovery Program s: Brief Sum m ariesPrograms: Brief Summaries, by Maria Kreiser, Maura Mullins, and Jared, by Maria Kreiser, Maura Mullins, and Jared
C. Nagel.C. Nagel.
14
15 42 U.S.C. 42 U.S.C.
§5183; 44 C.F.R.§5183; 44 C.F.R.
§206.171; see also FEMA, §206.171; see also FEMA,
IAPPG, pp. 203-233; Substance Abuse, pp. 203-233; Substance Abuse
and Mental Health and Mental Health
ServicesServices
Administration (SAMHSA),Administration (SAMHSA),
“ “Crisis CounselingCrisis Counseling
Assistance and Assistance and
T rainingTraining Program (CCP),” Program (CCP),”
https://www.samhsa.gov/dtac/ccp;https://www.samhsa.gov/dtac/ccp;
SAMHSA,SAMHSA,
“ “Crisis CounselingCrisis Counseling
Assistance and Assistance and
T rainingTraining Program (CCP) Program (CCP)
T oolkit Toolkit,” ,”
https://www.samhsa.gov/dtac/ccp-toolkithttps://www.samhsa.gov/dtac/ccp-toolkit
; and FEMA, ; and FEMA,
Crisis Counseling Assistance and Training Program Guidance:
CCP Application Toolkit, Version 5.2, October 2021, https://www.samhsa.gov/sites/default/files/dtac/ccptoolkit/fema-, Version 5.2, October 2021, https://www.samhsa.gov/sites/default/files/dtac/ccptoolkit/fema-
ccp-guidance.pdf. ccp-guidance.pdf.
15 FEMA, IAPPG, p. 203.
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FEMA Individual Assistance Programs: An Overview
health service providers for CCP services.16 The CCP supplements efforts to assist disaster survivors and communities recovering from the effects of survivors and communities recovering from the effects of
aan emergency or major disaster through community-based disaster through community-based
outreach and the provision of services, such as crisis counseling, psycho-education, coping outreach and the provision of services, such as crisis counseling, psycho-education, coping
skil s skills development, and linkingdevelopment, and linking
disaster survivors with other resources, such as individuals and disaster survivors with other resources, such as individuals and
agencies that help survivors in the recovery process.agencies that help survivors in the recovery process.
1617 As the program supplements state, territory, As the program supplements state, territory,
tribal, and local resources, the affected government’s CCP application must demonstrate that the tribal, and local resources, the affected government’s CCP application must demonstrate that the
need for CCP services exceeds the capacity of state, territory, tribal, and local resources.need for CCP services exceeds the capacity of state, territory, tribal, and local resources.
1718
The CCP provides short- to intermediate-term assistance to support mental and emotional health
The CCP provides short- to intermediate-term assistance to support mental and emotional health
needs. Two separate CCP programs provide assistance for different lengths of time:needs. Two separate CCP programs provide assistance for different lengths of time:
1819
1.
1.
Immediate Services Program (ISP) funding is provided for up to 60 days funding is provided for up to 60 days
following the approval of IA for a major disaster, and can continue for 60
following the approval of IA for a major disaster, and can continue for 60
additional days if an affected state/territory/tribe has submitted an application for additional days if an affected state/territory/tribe has submitted an application for
the Regular Services Program. the Regular Services Program.
2.
2.
Regular Services Program (RSP) funding is provided for up to nine months funding is provided for up to nine months
following the date of the notice of award, and can be extended for up to 90 days
following the date of the notice of award, and can be extended for up to 90 days
due to extraordinary circumstance or for more than 90 days if FEMA determines due to extraordinary circumstance or for more than 90 days if FEMA determines
such an extension of the period of performance is in the public interest. ISP such an extension of the period of performance is in the public interest. ISP
participation is not a prerequisite for the RSP. participation is not a prerequisite for the RSP.
The CCP regulations and guidance specify the application deadlines (no later than 14 days
The CCP regulations and guidance specify the application deadlines (no later than 14 days
following the major disaster declaration for the ISP, and no later than 60 days after the declaration following the major disaster declaration for the ISP, and no later than 60 days after the declaration
for the RSP), and timing for the availabilityfor the RSP), and timing for the availability
of the above-referenced program funding; however, of the above-referenced program funding; however,
as noted, funding time extensions may be approved if requested by the state, territory, or tribe and as noted, funding time extensions may be approved if requested by the state, territory, or tribe and
approved by federal officials.approved by federal officials.
19 20
Disaster Case Management2021
FEMA provides Disaster Case Management (DCM) services or grants to local, state, territory, and FEMA provides Disaster Case Management (DCM) services or grants to local, state, territory, and
tribal governments or tribal governments or
qualified private organizations to supplement existing case management to supplement existing case management
capabilities.capabilities.
2122 FEMA may authorize DCM at the request of the governor of the affected FEMA may authorize DCM at the request of the governor of the affected
state/territory, or chief executive of the affected tribe.state/territory, or chief executive of the affected tribe.
22
The program partners case managers with disaster survivors to develop and implement disaster recovery plans that address the disaster survivors’ unmet needs, including by providing disaster
1623
16 FEMA, IAPPG, p. 203. 17 FEMA, FEMA,
IAPPG, p. 8. Figure, p. 8. Figure
40 in FEMA’s 40 in FEMA’s
IAPPG lists and describes lists and describes
the available Crisisthe available Crisis
Counseling Counseling Assistance and Assistance and
T rainingTraining Program (CCP)-funded services (see FEMA, Program (CCP)-funded services (see FEMA,
IAPPG, p. 206). , p. 206).
1718 FEMA, FEMA,
Disaster Operations Legal Reference, v. 4.0, September 25, 2020, p., v. 4.0, September 25, 2020, p.
6-99 (hereinafter FEMA, 6-99 (hereinafter FEMA,
Disaster
Operations Legal Reference). ).
18 T he
19 The CCP Immediate Services CCP Immediate Services
Program (ISP) is describedProgram (ISP) is described
44 C.F.R.44 C.F.R.
§206.171(f) and FEMA, §206.171(f) and FEMA,
IAPPG, pp. 209-217. , pp. 209-217.
T heThe CCP Regular CCP Regular
Services Services Program (RSP) is describedProgram (RSP) is described
44 C.F.R. §206.171(g) and FEMA, 44 C.F.R. §206.171(g) and FEMA,
IAPPG, pp. 218-225. , pp. 218-225.
1920 44 C.F.R. §206.171(f)(1) and (g)(1). 44 C.F.R. §206.171(f)(1) and (g)(1).
2021 42 U.S.C. 42 U.S.C.
§5189d; see also FEMA, §5189d; see also FEMA,
IAPPG, pp. 183-202; and FEMA, “Disaster Case Management , pp. 183-202; and FEMA, “Disaster Case Management
T oolboxToolbox,” ,”
https://www.fema.gov/assistance/individual/disaster-survivors/disaster-case-managementhttps://www.fema.gov/assistance/individual/disaster-survivors/disaster-case-management
-toolbox. -toolbox.
21
22 DCM defines DCM defines
a a
qualified private organization as “any non-governmental organization or entity that currently has an as “any non-governmental organization or entity that currently has an
effective ruling letter from the U.S. Internal Revenue Service, granting tax exemption under Sections 501(c) of Internal effective ruling letter from the U.S. Internal Revenue Service, granting tax exemption under Sections 501(c) of Internal
Revenue CodeRevenue Code
of 1954, or satisfactory evidence from the state, territorial, or tribal government that the nonrevenue of 1954, or satisfactory evidence from the state, territorial, or tribal government that the nonrevenue
producing organization or entity is a nonprofit one producing organization or entity is a nonprofit one
organ izedorganized or doing business or doing business
under state, territorial, or tribal under state, territorial, or tribal
government law and that has experience providing case management services” (FEMA, government law and that has experience providing case management services” (FEMA,
IAPPG, p. 183). , p. 183).
22
23 FEMA, FEMA,
Disaster Operations Legal Reference, p., p.
6-96. 6-96.
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FEMA Individual Assistance Programs: An Overview
The program partners case managers with disaster survivors to develop and implement disaster recovery plans that address the disaster survivors’ unmet needs, including by providing disaster survivors with a single point of contact to access recovery resources.survivors with a single point of contact to access recovery resources.
2324 Two DCM programs Two DCM programs
provide assistance for different lengths of time:provide assistance for different lengths of time:
2425
1.
1.
Immediate Disaster Case Management (IDCM) provides short-term services provides short-term services
to address immediate disaster-caused unmet needs, and refer disaster survivors to
to address immediate disaster-caused unmet needs, and refer disaster survivors to
resources. The period of performance may be 90-180 days (when cases are resources. The period of performance may be 90-180 days (when cases are
transferred to the Disaster Case Management program), unless an extension is transferred to the Disaster Case Management program), unless an extension is
authorized due to extraordinary circumstances. authorized due to extraordinary circumstances.
2.
2.
Disaster Case Management (DCM) provides longer-term services, with a provides longer-term services, with a
period of performance of up to 24 months from the declaration date, which may
period of performance of up to 24 months from the declaration date, which may
be extended for 90 days pursuant to a written request by the affected state, be extended for 90 days pursuant to a written request by the affected state,
territory, or tribe that is approved by FEMA. IDCM implementation is not a territory, or tribe that is approved by FEMA. IDCM implementation is not a
prerequisite for the DCM program. prerequisite for the DCM program.
FEMA directly implements, administers, and oversees the IDCM program, in coordination with
FEMA directly implements, administers, and oversees the IDCM program, in coordination with
the affected state, territory, or tribal government.the affected state, territory, or tribal government.
2526 The DCM program, however, is implemented The DCM program, however, is implemented
through a grant or cooperative agreement (when substantial FEMA involvement is anticipated).through a grant or cooperative agreement (when substantial FEMA involvement is anticipated).
2627
Disaster Legal Services2728
Disaster Legal Services (DLS) are provided for free to low-income individuals who require them Disaster Legal Services (DLS) are provided for free to low-income individuals who require them
because of a major disaster.because of a major disaster.
2829 DLS includes providing disaster survivors with legal advice, DLS includes providing disaster survivors with legal advice,
counseling, and representation in non-fee-generating cases.counseling, and representation in non-fee-generating cases.
2930 Further, the provision of services is Further, the provision of services is
“confined to the securing of benefits under the [Stafford] Act and claims arising out of a major “confined to the securing of benefits under the [Stafford] Act and claims arising out of a major
disaster.”disaster.”
3031 For example, assistance may include replacing disaster-destroyed legal documents, For example, assistance may include replacing disaster-destroyed legal documents,
help with home repair contracts and contractors, and appeals of FEMA decisions.help with home repair contracts and contractors, and appeals of FEMA decisions.
3132 Disaster Legal Disaster Legal
Services are provided through an agreement FEMA has with the American Bar Association’s Services are provided through an agreement FEMA has with the American Bar Association’s
Young Lawyers Division, when requested by an affected local, state, territory, or tribal Young Lawyers Division, when requested by an affected local, state, territory, or tribal
government.government.
3233 Assistance can be provided via a local toll-free hotline and through Disaster Assistance can be provided via a local toll-free hotline and through Disaster
Recovery Centers.Recovery Centers.
3334 Disaster Legal Services are provided until they are no longer needed. Disaster Legal Services are provided until they are no longer needed.
34
2335
24 FEMA, FEMA,
IAPPG, p. 183. , p. 183.
24 T he25 The Immediate Disaster Case Management (IDCM) program is discussed Immediate Disaster Case Management (IDCM) program is discussed
in FEMA’sin FEMA’s
IAPPG from pages 186-187, from pages 186-187,
and the Disaster Caseand the Disaster Case
Management (DCM) program isManagement (DCM) program is
discussed discussed from pages 188from pages 188
-202. -202.
2526 FEMA, FEMA,
IAPPG, p. 186. , p. 186.
2627 FEMA, FEMA,
IAPPG, p. 188. , p. 188.
2728 42 U.S.C. 42 U.S.C.
§5182; 44 C.F.R.§5182; 44 C.F.R.
§206.164; see also FEMA, §206.164; see also FEMA,
IAPPG, pp. 235-237. , pp. 235-237.
2829 For the purposes of Disaster Legal For the purposes of Disaster Legal
Services Services (DLS), (DLS),
low-income disaster survivors are those “who have insufficient disaster survivors are those “who have insufficient
resources to secure adequateresources to secure adequate
legal legal services, whether the insufficiency existed prior to or resulted from the major services, whether the insufficiency existed prior to or resulted from the major
disaster” (FEMA, disaster” (FEMA,
IAPPG, p. 236). , p. 236).
2930 44 C.F.R. §206.164(a). 44 C.F.R. §206.164(a).
3031 44 C.F.R. §206.164(e). 44 C.F.R. §206.164(e).
3132 FEMA, FEMA,
IAPPG, pp. 8 and 235. , pp. 8 and 235.
3233 FEMA, FEMA,
IAPPG, p. 8. , p. 8.
3334 FEMA, FEMA,
IAPPG, p. 237. , p. 237.
3435 FEMA, FEMA,
IAPPG, p. 235. FEMA’s statute and regulations do not establish time limitation for Disaster Legal Services. , p. 235. FEMA’s statute and regulations do not establish time limitation for Disaster Legal Services.
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FEMA Individual Assistance Programs: An Overview
Disaster Unemployment Assistance3536
Disaster Unemployment Assistance (DUA) provides temporary benefits for up to 26 weeks Disaster Unemployment Assistance (DUA) provides temporary benefits for up to 26 weeks
following the declaration of a major disaster to individuals who were previously employed or following the declaration of a major disaster to individuals who were previously employed or
self-employed, were rendered jobless or whose employment was interrupted as a direct result of a self-employed, were rendered jobless or whose employment was interrupted as a direct result of a
presidential ypresidentially declared major disaster, and who are ineligible declared major disaster, and who are ineligible
for regular unemployment for regular unemployment
insurance.insurance.
3637 DUA may also provide re-employment assistance. DUA may also provide re-employment assistance.
3738 The program is overseen by the The program is overseen by the
U.S. Department of Labor, and administered by the affected state or territory’s Unemployment U.S. Department of Labor, and administered by the affected state or territory’s Unemployment
Insurance (UI) agency. FEMA provides the funding for DUA. Insurance (UI) agency. FEMA provides the funding for DUA.
Individuals and Households Program3839
When the Individuals and Households Program (IHP) is authorized, FEMA may provide financial When the Individuals and Households Program (IHP) is authorized, FEMA may provide financial
and/or direct assistance for housing and financial assistance for other needs (referred to as other and/or direct assistance for housing and financial assistance for other needs (referred to as other
needs assistance or ONA) to eligibleneeds assistance or ONA) to eligible
individuals and households who, as a result of a disaster, 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 have uninsured or under-insured necessary expenses and serious needs that cannot be met through
other means or forms of assistance.other means or forms of assistance.
3940 The IHP is intended to meet basic needs and support The IHP is intended to meet basic needs and support
recovery efforts, but it does not compensate disaster survivors for recovery efforts, but it does not compensate disaster survivors for
al all losses and it is not intended losses and it is not intended
to be a substitute for insurance. There are additional limits on IHP assistance, including that some to be a substitute for insurance. There are additional limits on IHP assistance, including that some
forms of IHP assistance are subject to time-based limitations, and IHP awards for Financial forms of IHP assistance are subject to time-based limitations, and IHP awards for Financial
Housing Assistance and ONA are subject to statutory funding caps that limit the amount of Housing Assistance and ONA are subject to statutory funding caps that limit the amount of
financial assistance an individual or household may receive.financial assistance an individual or household may receive.
40 Additional y, 41 Additionally, IHP applicants must IHP applicants must
meet general eligibilitymeet general eligibility
requirements,requirements,
4142 and each type of IHP assistance also requires that and each type of IHP assistance also requires that
additional eligibilityadditional eligibility
conditions be met, and may require additional documentation. The types of conditions be met, and may require additional documentation. The types of
IHP Housing Assistance and Other Needs Assistance (ONA) are listed iIHP Housing Assistance and Other Needs Assistance (ONA) are listed i
n Table 1.
35 42 U.S.C. §5177; 44 C.F.R.
36 42 U.S.C. §5177; 44 C.F.R. §206.141; see also FEMA, §206.141; see also FEMA,
IAPPG, pp. 239-243. , pp. 239-243.
3637 FEMA, FEMA,
IAPPG, p. 239. For more information on DUA, see CRS, p. 239. For more information on DUA, see CRS
Report RS22022, Report RS22022,
Disaster Unemployment
Assistance (DUA), by Julie, by Julie
M. Whittaker. M. Whittaker.
37
38 FEMA, FEMA,
IAPPG, p. 239. , p. 239.
3839 42 U.S.C. 42 U.S.C.
§5174; 44 C.F.R.§5174; 44 C.F.R.
§§206.110-120; see also FEMA, §§206.110-120; see also FEMA,
IAPPG, pp. 41-182. For additional, detailed , pp. 41-182. For additional, detailed
information on the Individuals and Householdsinformation on the Individuals and Households
Program (IHP), see CRSProgram (IHP), see CRS
Report R47015, Report R47015,
FEMA’s Individuals and
Households Program (IHP)—Im plementation (IHP)—Implementation and Considerations for Congress, by Elizabeth M. Webster; and for a , by Elizabeth M. Webster; and for a
brief overview of the IHP, see CRSbrief overview of the IHP, see CRS
In Focus IF12049, In Focus IF12049,
FEMA’s Individuals and Households Program (IHP) , by , by
Elizabeth M. Webster. Elizabeth M. Webster.
39
40 FEMA, FEMA,
IAPPG, p. 41. , p. 41.
4041 42 U.S.C. 42 U.S.C.
§5174(h). Assistance for housing-related needs may not exceed $41,000 (FY2023; adjusted annually), and §5174(h). Assistance for housing-related needs may not exceed $41,000 (FY2023; adjusted annually), and
assistance for other needs assistance (ONA) may not exceed $41,000 (FY2023; adjusted annually). Additionally, ONA assistance for other needs assistance (ONA) may not exceed $41,000 (FY2023; adjusted annually). Additionally, ONA
may bemay be
somewhat limited becausesomewhat limited because
some ONA-eligiblesome ONA-eligible
items and amounts available to be awardeditems and amounts available to be awarded
are predetermined are predetermined
by FEMA and the state, territorial, or Indian tribal government. Financial assistance to rent alternate housing by FEMA and the state, territorial, or Indian tribal government. Financial assistance to rent alternate housing
accommodations and financial assistance for accessibility-related real and personal property costs are not subject to the accommodations and financial assistance for accessibility-related real and personal property costs are not subject to the
cap. DHS/FEMA,cap. DHS/FEMA,
“ “Notice of Maximum Amount of Assistance Under the IndividualsNotice of Maximum Amount of Assistance Under the Individuals
and Householdsand Households
Program,” 87 Program,” 87
Federal Register 64512, October 25, 2022, https://www.govinfo.gov/64512, October 25, 2022, https://www.govinfo.gov/
cont entcontent/pkg/FR-2022-10-25/pdf/2022-23162.pdf. /pkg/FR-2022-10-25/pdf/2022-23162.pdf.
41
42 FEMA, FEMA,
IAPPG, p. 46. , p. 46.
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FEMA Individual Assistance Programs: An Overview
Table 1. Types of Housing Assistance and Other Needs Assistance
Housing Assistance:
Housing Assistance:
ONA:
ONA:
Financial
Direct
SBA-Dependenta
Non-SBA-Dependentb
Lodging Expense
Lodging Expense
Multi-Family Lease
Multi-Family Lease
and and
Personal Property
Personal Property
Funeral Assistance
Funeral Assistance
Reimbursement
Reimbursement
Repair
Repair
Assistance
Assistance
Medical and Dental
Medical and Dental
Rental Assistance
Rental Assistance
Transportable Temporary
Transportable Temporary
Transportation Assistance
Transportation Assistance
Assistance Assistance
Home
Home
Repair Assistance Repair Assistance
Housing Units
Housing Units
Group Flood Insurance
Group Flood Insurance
Childcare Assistance
Childcare Assistance
Home
Home
Replacement Replacement
Direct
Direct
Lease Lease
Policy
Policy
Assistance
Assistance
for for
Assistance
Assistance
Permanent Housing
Permanent Housing
Miscel aneous Miscellaneous Items Items
Construction
Construction
Moving and Storage
Moving and Storage
Assistance Assistance
Critical Needs Assistance Critical Needs Assistance
Clean and Sanitize Clean and Sanitize
Assistance Assistance
Sources: CRS’s interpretation of “Figure 5: Housing Assistance”CRS’s interpretation of “Figure 5: Housing Assistance”
and “Figure 28: Other Needs Assistance,and “Figure 28: Other Needs Assistance,
Non-Non-
SBA-Dependent and SBA-Dependent” of theSBA-Dependent and SBA-Dependent” of the
FEMA, FEMA,
Individual Assistance Program and Policy Guide (IAPPG), v. 1.1, , v. 1.1,
FP 104-009-03, May 2021, pp. 44 and 146, https://www.fema.gov/sites/default/files/documents/fema_iappg-1.1.pdf; FP 104-009-03, May 2021, pp. 44 and 146, https://www.fema.gov/sites/default/files/documents/fema_iappg-1.1.pdf;
and Memorandum fromand Memorandum from
Keith Turi, FEMA Assistant Administrator,Keith Turi, FEMA Assistant Administrator,
Recovery Directorate Recovery Directorate to FEMA Regional to FEMA Regional
Administrators,Administrators,
“RE: Amendment to FP 104-009-03, Individual Assistance Program and Policy Guide, Version “RE: Amendment to FP 104-009-03, Individual Assistance Program and Policy Guide, Version
1.1,” September1.1,” September
2, 2021, pp. 11-12, https://www.fema.gov/sites/default/files/documents/fema_iappg-policy-2, 2021, pp. 11-12, https://www.fema.gov/sites/default/files/documents/fema_iappg-policy-
amendments-memo.pdf. amendments-memo.pdf.
Notes: The different types of Housing AssistanceThe different types of Housing Assistance
may constitute either financial or direct assistance; however, may constitute either financial or direct assistance; however,
al all types of Other Needs Assistancetypes of Other Needs Assistance
(ONA) are forms of financial assistance. The term “SBA” refers(ONA) are forms of financial assistance. The term “SBA” refers
to the to the
Smal Small BusinessBusiness
Administration. Administration.
a. SBA-Dependent ONA is only available to individuals or households that do not qualify for an SBA disaster a. SBA-Dependent ONA is only available to individuals or households that do not qualify for an SBA disaster
loan or whose SBA disaster loan amount is insufficient. Eligibility
loan or whose SBA disaster loan amount is insufficient. Eligibility
for SBA-Dependent ONA is determined by for SBA-Dependent ONA is determined by
FEMA in col aboration with SBA (see 42 U.S.C.FEMA in col aboration with SBA (see 42 U.S.C.
§5174(e); and 44 C.F.R. §206.119). §5174(e); and 44 C.F.R. §206.119).
b. Non-SBA-Dependent ONA may be awarded regardless
b. Non-SBA-Dependent ONA may be awarded regardless
of the individual or household’s SBA disasterof the individual or household’s SBA disaster
loan loan
status (see 42 U.S.C.
status (see 42 U.S.C.
§5174(e); and 44 C.F.R. §206.119). §5174(e); and 44 C.F.R. §206.119).
Housing Assistance
FEMA has many different types of housing assistance that it can employ, depending on the
FEMA has many different types of housing assistance that it can employ, depending on the
disaster-caused housing needs of affected individuals and households. Options may include disaster-caused housing needs of affected individuals and households. Options may include
Financial Housing Assistance (i.e., a grant of money) and/or Direct Housing Assistance (i.e., a Financial Housing Assistance (i.e., a grant of money) and/or Direct Housing Assistance (i.e., a
place to live temporarily). Per FEMA’s regulations and guidance, the appropriate type of housing place to live temporarily). Per FEMA’s regulations and guidance, the appropriate type of housing
assistance depends on considerations of “cost effectiveness, convenience to the individuals and assistance depends on considerations of “cost effectiveness, convenience to the individuals and
households and the suitability and availabilityhouseholds and the suitability and availability
of the types of assistance.”of the types of assistance.”
4243 Other relevant Other relevant
considerations relate to the individualconsiderations relate to the individual
or household’s “disaster-caused losses, access to life-or household’s “disaster-caused losses, access to life-
sustaining services, cost-effectiveness, and other factors.”sustaining services, cost-effectiveness, and other factors.”
4344 In addition, individuals and In addition, individuals and
households may require multiple types of housing assistance when a disaster affects their home’s households may require multiple types of housing assistance when a disaster affects their home’s
habitability.habitability.
4445 The following two sections briefly describe each type of Housing Assistance, and The following two sections briefly describe each type of Housing Assistance, and
are organized by subcategory. are organized by subcategory.
42
43 44 C.F.R. §206.110(c). 44 C.F.R. §206.110(c).
4344 FEMA, FEMA,
IAPPG, p. 43. See, p. 43. See
also 44 C.F.R. §206.117(b). With regard to other factors, for example, some forms of IHP also 44 C.F.R. §206.117(b). With regard to other factors, for example, some forms of IHP
assistance consider access to wrap-around services, which FEMA states in its guidanceassistance consider access to wrap-around services, which FEMA states in its guidance
may includemay include
“ “basic social basic social
services, access to transportation, police/fire protection, emergency/health care services, communications, utilities, services, access to transportation, police/fire protection, emergency/health care services, communications, utilities,
grocery stores, child care, and educational institutions” (FEMA, grocery stores, child care, and educational institutions” (FEMA,
IAPPG, p. 117). , p. 117).
4445 42 U.S.C. 42 U.S.C.
§5174(b) and (c); 44 C.F.R. §206.110(c); and FEMA, §5174(b) and (c); 44 C.F.R. §206.110(c); and FEMA,
IAPPG, pp. 78 and 93. FEMA’s , pp. 78 and 93. FEMA’s
IAPPG defines defines
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Financial Housing Assistance
Financial Housing Assistance is grant funding provided by FEMAFinancial Housing Assistance is grant funding provided by FEMA
directly to the eligible directly to the eligible
individualindividual
or household.or household.
4546 Home Repair and Home Replacement Assistance are subject to the Home Repair and Home Replacement Assistance are subject to the
limit on the maximum amount of financial assistance an individual or household is eligiblelimit on the maximum amount of financial assistance an individual or household is eligible
to to
receive.receive.
4647
Lodging Expense Reimbursement (LER) provides eligible individualsprovides eligible individuals
withwith
funding for out-of-pocket short-term lodging costs and taxes when the applicant
funding for out-of-pocket short-term lodging costs and taxes when the applicant
is displaced from their primary residence because an emergency or major disaster is displaced from their primary residence because an emergency or major disaster
rendered it uninhabitable or inaccessible.rendered it uninhabitable or inaccessible.
4748
Rental Assistance (including Initial Rental Assistance and Continued
Temporary Housing Assistance) providesprovides
eligible individuals witheligible individuals with
funding to funding to
rent alternate housing accommodations, including funding for rent, essential rent alternate housing accommodations, including funding for rent, essential
utilities, and a security deposit, while the applicant is displaced from their utilities, and a security deposit, while the applicant is displaced from their
primary residence because it is uninhabitable, inaccessible, affected by a utility primary residence because it is uninhabitable, inaccessible, affected by a utility
outage, or unavailable.outage, or unavailable.
4849 There are two types of Rental Assistance: There are two types of Rental Assistance:
Initial Rental Assistance al owsallows FEMA to provide up to two months of FEMA to provide up to two months of
assistance.
assistance.
Continued Temporary Housing Assistance al owsallows FEMA to provide FEMA to provide
assistance for up to 18 months or until the end of the 18-mnoth period of
assistance for up to 18 months or until the end of the 18-mnoth period of
assistance, whichever comes first (this includes the period of time during assistance, whichever comes first (this includes the period of time during
which Initial Rental Assistance was provided), plus a security deposit. The which Initial Rental Assistance was provided), plus a security deposit. The
period of assistance may be extended at the written request of the affected period of assistance may be extended at the written request of the affected
state, territory, or Indian tribal government.state, territory, or Indian tribal government.
4950
Home Repair Assistance providesprovides
funding to eligible homeowners to repairfunding to eligible homeowners to repair
an an
owner-occupied primary residence, utilities, and residential
owner-occupied primary residence, utilities, and residential
infrastructure (e.g., infrastructure (e.g.,
privately-owned access routes) to make the disaster survivors’ home “safe, privately-owned access routes) to make the disaster survivors’ home “safe,
“uninhabitable” as “a dwelling“uninhabitable” as “a dwelling
that is not safe, sanitary, or fit to occupy” (FEMA, that is not safe, sanitary, or fit to occupy” (FEMA,
IAPPG, p. 78). , p. 78).
4546 FEMA, FEMA,
IAPPG, p. 43. , p. 43.
4647 Assistance for housing-related needs Assistance for housing-related needs
may not exceed $41,000 (FY2023; adjusted annually). Financial assistance to may not exceed $41,000 (FY2023; adjusted annually). Financial assistance to
rent alternate housing accommodations and financial assistance for accessibility-related real property costs are not rent alternate housing accommodations and financial assistance for accessibility-related real property costs are not
subjectsubject
to the cap. DHS/FEMA,to the cap. DHS/FEMA,
“ “Notice of Maximum Amount of Assistance Under the IndividualsNotice of Maximum Amount of Assistance Under the Individuals
and Households and Households
Program,” 87 Program,” 87
Federal Register 64512, October 25, 2022, https://www.govinfo.gov/content/pkg/FR-2022-10-25/pdf/ 64512, October 25, 2022, https://www.govinfo.gov/content/pkg/FR-2022-10-25/pdf/
2022-23162.pdf 2022-23162.pdf
47
48 FEMA, FEMA,
IAPPG, pp. 78-79. , pp. 78-79.
4849 FEMA, FEMA,
IAPPG, p. 80. , p. 80.
T heThe FEMA FEMA
IAPPG states that FEMA uses the applicable Fair Market Rent (FMR) rate, which states that FEMA uses the applicable Fair Market Rent (FMR) rate, which
is basedis based
on the housing unit’s location, number of bedrooms, andon the housing unit’s location, number of bedrooms, and
the fiscal year of the major disaster declaration the fiscal year of the major disaster declaration
(FEMA, (FEMA,
IAPPG, p. 109 (see “, p. 109 (see “
Fair Market Rent (FMR)” text box)). HUD’s Office of Policy Development and Research Fair Market Rent (FMR)” text box)). HUD’s Office of Policy Development and Research
(PD&R) posts FMR information at https://www.huduser.gov/portal/datasets/fmr.html. (PD&R) posts FMR information at https://www.huduser.gov/portal/datasets/fmr.html.
4950 FEMA, FEMA,
IAPPG, p. 80. , p. 80.
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sanitary, or functional.”
sanitary, or functional.”
5051 Home Repair Assistance may also provide funding for Home Repair Assistance may also provide funding for
selected mitigation measures that make the housing more resilient.selected mitigation measures that make the housing more resilient.
5152
Home Replacement Assistance providesprovides
funding to eligible homeowners to help funding to eligible homeowners to help
replace a disaster-destroyed owner-occupied primary residence. The funding can
replace a disaster-destroyed owner-occupied primary residence. The funding can
be applied toward the purchase of a new permanent residence that exceeds the be applied toward the purchase of a new permanent residence that exceeds the
maximum award amount.maximum award amount.
5253
When FEMA’s Financial Housing Assistance programs are unable to meet the disaster-caused
When FEMA’s Financial Housing Assistance programs are unable to meet the disaster-caused
housing needs of individuals and households, FEMA may authorize a state, territory, or Indian housing needs of individuals and households, FEMA may authorize a state, territory, or Indian
tribal government’s request for Direct Housing Assistance. tribal government’s request for Direct Housing Assistance.
Direct Housing Assistance
Direct Housing Assistance is housing provided to the individualDirect Housing Assistance is housing provided to the individual
or household by FEMA (or the or household by FEMA (or the
state, territory, or Indian tribal government).state, territory, or Indian tribal government).
5354 Direct Housing Assistance is not subject to the Direct Housing Assistance is not subject to the
limit on the maximum amount of financial assistance an individual or household is eligiblelimit on the maximum amount of financial assistance an individual or household is eligible
to to
receive. However, FEMA may only provide Direct Housing Assistance when Rental Assistance (a receive. However, FEMA may only provide Direct Housing Assistance when Rental Assistance (a
type of IHP Financial Housing Assistance) is unavailable or is insufficient.type of IHP Financial Housing Assistance) is unavailable or is insufficient.
54 55
Multifamily Lease and Repair (MLR) temporarily places eligible temporarily places eligible
individuals in individuals in
a FEMA-leased, currently existing, vacant multi-family housing unit (e.g., an
a FEMA-leased, currently existing, vacant multi-family housing unit (e.g., an
apartment in a building that FEMA has leased; FEMA must have exclusive use of apartment in a building that FEMA has leased; FEMA must have exclusive use of
the property for temporary housing for a period of not less than 18 months from the property for temporary housing for a period of not less than 18 months from
the declaration date) that FEMA has repaired or improved, if needed (e.g., to the declaration date) that FEMA has repaired or improved, if needed (e.g., to
50
51 FEMA, FEMA,
IAPPG, p. 85. A , p. 85. A
nonexhaustivenon-exhaustive list of real property components that are eligible for repair is included list of real property components that are eligible for repair is included
in the in the
FEMA FEMA
IAPPG on page 86. It includes on page 86. It includes
components such as the structural components of a home (e.g., foundation, components such as the structural components of a home (e.g., foundation,
exterior walls, and roof). Additionally, assistance to repair real property components impacted by disasterexterior walls, and roof). Additionally, assistance to repair real property components impacted by disaster
-caused-caused
mold mold
growth is eligiblegrowth is eligible
for Home Repair Assistance (Memorandum from Keith for Home Repair Assistance (Memorandum from Keith
T uriTuri, FEMA Assistant Administrator, , FEMA Assistant Administrator,
Recovery Directorate to FEMA Regional Administrators, “RE: Amendment to FP 104-009-03, Individual Assistance Recovery Directorate to FEMA Regional Administrators, “RE: Amendment to FP 104-009-03, Individual Assistance
Program and Policy Guide,Program and Policy Guide,
Version Version 1.1,” September 2, 2021, pp. 91.1,” September 2, 2021, pp. 9
-10, https://www.fema.gov/sites/default/files/-10, https://www.fema.gov/sites/default/files/
documents/fema_iappg-policy-amendments-memo.pdf (hereinafter Memorandum from Keith documents/fema_iappg-policy-amendments-memo.pdf (hereinafter Memorandum from Keith
T uriTuri RE: Amendment to RE: Amendment to
the IAPPG)). the IAPPG)).
51
52 FEMA, “Hazard Mitigation Under the Individuals FEMA, “Hazard Mitigation Under the Individuals
and Householdsand Households
Program,” release, JuneProgram,” release, June
10, 2021, 10, 2021,
https://www.fema.gov/fact-sheet/hazard-mitigation-under-individuals-and-households-program. https://www.fema.gov/fact-sheet/hazard-mitigation-under-individuals-and-households-program.
5253 FEMA, FEMA,
IAPPG, p. 91. FEMA calculates the award, p. 91. FEMA calculates the award
amount usingamount using
the consumer price index data forthe consumer price index data for
the types of the types of
housing in the area where the damagehousing in the area where the damage
occurred (the type of pre-disaster home could includeoccurred (the type of pre-disaster home could include
a “a “
manufactured home, manufactured home,
travel trailer, houseboat, or residential construction (e.g., single-family home).” travel trailer, houseboat, or residential construction (e.g., single-family home).”
5354 On July On July
28, 2020, FEMA announced the publication of the 28, 2020, FEMA announced the publication of the
State-Administered Direct Housing Grant Guide, ,
available at https://www.fema.gov/sites/default/files/2020-07/fema_state-administered-directavailable at https://www.fema.gov/sites/default/files/2020-07/fema_state-administered-direct
-housing-grant-housing-grant
--
guide_DRRA1211_July2020.pdf, which made guide_DRRA1211_July2020.pdf, which made
st atestate, local, tribal and, local, tribal and
territory governments eligible to receive grants to territory governments eligible to receive grants to
provide Direct Housingprovide Direct Housing
Assistance for a limited period of time; this pilot grant program concluded on October 5, 2020. Assistance for a limited period of time; this pilot grant program concluded on October 5, 2020.
T heThe State-Adm inisteredAdministered Direct Housing Grant Guide states that FEMA will states that FEMA will
implement a permanent grant program implement a permanent grant program
after issuingafter issuing
final regulations. As of December 2021, FEMA has not yet begun the rulemaking process (email final regulations. As of December 2021, FEMA has not yet begun the rulemaking process (email
correspondence from FEMA Congressional Affairs staff, December 6, 2021).correspondence from FEMA Congressional Affairs staff, December 6, 2021).
54
55 Direct Housing Direct Housing
Assistance must beAssistance must be
requested requested in writingin writing
by the affected state, territory, or tribal government, and is by the affected state, territory, or tribal government, and is
only available when:only available when:
(1) Rental Assistance cannot be used(1) Rental Assistance cannot be used
due to insuf ficient due to insufficient available housing available housing
resources; (2) resources; (2)
increasing the Rental Assistance rate to 125% of the HUD Fair Market Rent (FMR) willincreasing the Rental Assistance rate to 125% of the HUD Fair Market Rent (FMR) will
not be sufficient to meet the not be sufficient to meet the
housing needs;housing needs;
and (3) assistance from other providers (e.g., government and voluntary organizations) is insufficient to and (3) assistance from other providers (e.g., government and voluntary organizations) is insufficient to
meet the housing needs. FEMA, meet the housing needs. FEMA,
IAPPG, p. 94. , p. 94.
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make a unit accessible).
make a unit accessible).
5556 MLR is not intended to make repairs or improvements MLR is not intended to make repairs or improvements
to multi-family housing units for the purpose of rehousing existing tenants.to multi-family housing units for the purpose of rehousing existing tenants.
5657
Transportable Temporary Housing Units (TTHUs) temporarily places eligible temporarily places eligible
individuals
individuals
in FEMA-purchased or leased temporary housing units (i.e., in FEMA-purchased or leased temporary housing units (i.e.,
Recreational Vehicles (RVs) or Manufactured Housing Units (MHUs)).Recreational Vehicles (RVs) or Manufactured Housing Units (MHUs)).
5758 TTHU TTHU
sites must meet specific requirements that include (1) providing access to sites must meet specific requirements that include (1) providing access to
availableavailable
and functional utilities;and functional utilities;
5859 (2) complying with government ordinances; (2) complying with government ordinances;
and (3) satisfying federal floodplain management and Environmental Planning and (3) satisfying federal floodplain management and Environmental Planning
and Historic Preservation (EHP) compliance review requirements.and Historic Preservation (EHP) compliance review requirements.
5960 FEMA’s FEMA’s
guidance states that “FEMA selects locations based on the cost-effectiveness, guidance states that “FEMA selects locations based on the cost-effectiveness,
timeliness, and suitability of each potential site.”timeliness, and suitability of each potential site.”
6061
Direct Lease temporarily places eligible temporarily places eligible
individuals in leased residential individuals in leased residential
properties that are not
properties that are not
typical ytypically available available
to the general public (e.g., a vacation to the general public (e.g., a vacation
rental).rental).
6162
Permanent Housing Construction (PHC) is a last resort that is used to provide is a last resort that is used to provide
financial or direct assistance for permanent or semi-permanent housing, and can
financial or direct assistance for permanent or semi-permanent housing, and can
include repairs or new home construction.include repairs or new home construction.
6263 PHC is only available PHC is only available
“in insular “in insular
areas outside the continental U.S.” or “in other locations where no alternative areas outside the continental U.S.” or “in other locations where no alternative
housing resources are available and other types of Temporary Housing Assistance housing resources are available and other types of Temporary Housing Assistance
are unavailable, infeasible or not cost-effective.”are unavailable, infeasible or not cost-effective.”
63
5564
56 FEMA, FEMA,
IAPPG, p. 107., p. 107.
FollowingFollowing
Hurricane Sandy,Hurricane Sandy,
Section 1103 of the Sandy Recovery Improvement Act of 2013 Section 1103 of the Sandy Recovery Improvement Act of 2013
(Division B(Division B
of P.L. 113-2) formalized FEMA’s Multi-Family Lease and Repair (MLR) program. of P.L. 113-2) formalized FEMA’s Multi-Family Lease and Repair (MLR) program.
5657 FEMA, FEMA,
IAPPG, p. 107. , p. 107.
57 T he types of T ransportable T emporary58 The types of Transportable Temporary Housing Units ( Housing Units (
T T HUsTTHUs) include Recreational Vehicles (RVs)) include Recreational Vehicles (RVs)
or or
Manufactured HousingManufactured Housing
Units (MHUs). MHUs are built to meet the construction and safety standards set forth by HUD Units (MHUs). MHUs are built to meet the construction and safety standards set forth by HUD
at 24 C.F.R.at 24 C.F.R.
Part 3280. A manufactured home is definedPart 3280. A manufactured home is defined
in 24 C.F.R.in 24 C.F.R.
§3280.2 as “§3280.2 as “
... a structure, transportable in one or ... a structure, transportable in one or
more sections ... and whichmore sections ... and which
is built on a permanent chassis and designedis built on a permanent chassis and designed
to be usedto be used
as as a dwellinga dwelling
with or without a with or without a
permanent foundation when connected to the required utilities.... ” permanent foundation when connected to the required utilities.... ”
T heThe IAPPG provides additional information on the provides additional information on the
certification standards that FEMA-provided RVscertification standards that FEMA-provided RVs
and MHUs must meet (FEMA, and MHUs must meet (FEMA,
IAPPG, pp. 112-113; see 24 C.F.R. , pp. 112-113; see 24 C.F.R.
§§3280 et seq. for the Manufactured Home Construction and Safety Standards). §§3280 et seq. for the Manufactured Home Construction and Safety Standards).
5859 FEMA, FEMA,
IAPPG,,
pp. 113-116. Utilities include available and functional sanitation, electrical service, and potable pp. 113-116. Utilities include available and functional sanitation, electrical service, and potable
water service. water service.
59
60 FEMA, FEMA,
IAPPG, p. 112. , p. 112.
6061 FEMA, FEMA,
IAPPG, p. 112. , p. 112.
6162 FEMA, FEMA,
IAPPG, pp. 124-125. FEMA developed its Direct Lease program in 2017, and it has been implemented since , pp. 124-125. FEMA developed its Direct Lease program in 2017, and it has been implemented since
2018 as a form of Direct 2018 as a form of Direct
T emporaryTemporary Housing Assistance (email correspondence from FEMA Congressional Housing Assistance (email correspondence from FEMA Congressional
Affairs Affairs
staff, March 9, 2019). staff, March 9, 2019).
T heThe ability to use stand-alone residential sites that are not typically available to the public ability to use stand-alone residential sites that are not typically available to the public
distinguishesdistinguishes
Direct Lease from MLR (e.g., FEMA may leaseDirect Lease from MLR (e.g., FEMA may lease
a vacation property when apartments are unavailable). a vacation property when apartments are unavailable).
62
63 FEMA, FEMA,
IAPPG, p. 127. , p. 127.
6364 FEMA, FEMA,
IAPPG, p. 127. According to the , p. 127. According to the
IAPPG, Guam, the Commonwealth of the Northern Mariana Islands, , Guam, the Commonwealth of the Northern Mariana Islands,
American Samoa, and the U.S.American Samoa, and the U.S.
Virgin Islands Virgin Islands are insularare insular
areas, and the Alaskan interior is an example of a remote area areas, and the Alaskan interior is an example of a remote area
(FEMA, (FEMA,
IAPPG, p. 76). , p. 76).
Unavailable means temporary housing options are unavailable for a reasonable cost or in a means temporary housing options are unavailable for a reasonable cost or in a
reasonable amount of time. reasonable amount of time.
Infeasible means there are no available rental housing resources, or forms of Direct means there are no available rental housing resources, or forms of Direct
T emporaryTemporary Housing Assistance cannot be used Housing Assistance cannot be used
because because of various challenges (e.g., distance, time delays), which of various challenges (e.g., distance, time delays), which
FEMA cannot overcome with reasonable means. FEMA cannot overcome with reasonable means.
Not cost-effective means the provision of other forms of Direct means the provision of other forms of Direct
T emporaryTemporary Housing Assistance would Housing Assistance would
cost more than providing PHC.cost more than providing PHC.
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Other Needs Assistance
Other Needs Assistance (ONA) provides eligible
Other Needs Assistance (ONA) provides eligible
individuals with a grant of financial assistance individuals with a grant of financial assistance
for their other disaster-related necessary expenses and serious needs, and includes the for their other disaster-related necessary expenses and serious needs, and includes the
subcategories of SBA-Dependent ONA and Non-SBA-Dependent ONA (“SBA” refers to the subcategories of SBA-Dependent ONA and Non-SBA-Dependent ONA (“SBA” refers to the
Smal Small Business Administration).Business Administration).
6465 There are several limitations on the amount of ONA an There are several limitations on the amount of ONA an
individual individual or household is eligibleor household is eligible
to receive. Applicants may receive up to the maximum amount to receive. Applicants may receive up to the maximum amount
of financial assistance for ONA.of financial assistance for ONA.
65 Additional y, available 66 Additionally, available ONA assistance may be further limited ONA assistance may be further limited
by the affected state, territory, or Indian tribal government. This is because the affected state, by the affected state, territory, or Indian tribal government. This is because the affected state,
territory, or Indian tribal government predetermines some items that are eligible for ONA territory, or Indian tribal government predetermines some items that are eligible for ONA
assistance, and establishes the number of items that can be ONA-funded and/or the maximum assistance, and establishes the number of items that can be ONA-funded and/or the maximum
amount of ONA funding that can be provided for selected items.amount of ONA funding that can be provided for selected items.
6667 The following sections provide The following sections provide
an overview of each type of ONA, and are organized by subcategory. an overview of each type of ONA, and are organized by subcategory.
SBA-Dependent ONA
FEMA and the FEMA and the
Smal Small Business Administration (SBA) collaborate to determine an applicant’s Business Administration (SBA) collaborate to determine an applicant’s
eligibilityeligibility
for some forms of ONA.for some forms of ONA.
6768 This is because IHP assistance for Personal Property This is because IHP assistance for Personal Property
Assistance, Transportation Assistance, and Group Flood Insurance Policy assistance—the three Assistance, Transportation Assistance, and Group Flood Insurance Policy assistance—the three
forms of SBA-Dependent ONA—are forms of assistance that may also be addressed by an SBA forms of SBA-Dependent ONA—are forms of assistance that may also be addressed by an SBA
disaster loan. To avoid the statutory prohibition on duplicative assistance,disaster loan. To avoid the statutory prohibition on duplicative assistance,
6869 FEMA refers IHP FEMA refers IHP
applicants who meet the SBA’s minimum income test to first apply for a low-interest SBA applicants who meet the SBA’s minimum income test to first apply for a low-interest SBA
disaster loan before they are eligibledisaster loan before they are eligible
to receive SBA-Dependent ONA through the IHP.to receive SBA-Dependent ONA through the IHP.
6970 If the If the
applicant does not qualify for an SBA disaster loan or their SBAapplicant does not qualify for an SBA disaster loan or their SBA
disaster loan amount is disaster loan amount is
64
65 FEMA defines a FEMA defines a
necessary expense as “the cost associated with acquiring as “the cost associated with acquiring
an item, obtaining a service, or paying for an item, obtaining a service, or paying for
any other activity that meets a serious need,” and a any other activity that meets a serious need,” and a
serious need as “the requirement for an item or service that is as “the requirement for an item or service that is
essential to an applicant’s ability to prevent, mitigate, or overcome a disaster-caused hardship, injury, or adverse essential to an applicant’s ability to prevent, mitigate, or overcome a disaster-caused hardship, injury, or adverse
condition” (FEMA, condition” (FEMA,
IAPPG, p. 145). , p. 145).
6566 Financial assistance for ONA may not exceed $41,000 (FY2023; adjusted annually). DHS/FEMA, Financial assistance for ONA may not exceed $41,000 (FY2023; adjusted annually). DHS/FEMA,
“Notice of “Notice of
Maximum Amount of Assistance Under the IndividualsMaximum Amount of Assistance Under the Individuals
and Householdsand Households
Program,” 87 Program,” 87
Federal Register 64512, 64512,
October 25, 2022, https://www.govinfo.gov/October 25, 2022, https://www.govinfo.gov/
cont entcontent/pkg/FR-2022-10-25/pdf/2022-23162.pdf. /pkg/FR-2022-10-25/pdf/2022-23162.pdf.
66
67 FEMA, FEMA,
IAPPG, p. 147. State, territory, and Indian tribal governments establish the maximum amount of assistance , p. 147. State, territory, and Indian tribal governments establish the maximum amount of assistance
that may be awardedthat may be awarded
for some categories of ONA, includingfor some categories of ONA, including
T ransportation Transportation Assistance for repair Assistance for repair
o ror replacement, replacement,
Funeral Assistance, and ChildFuneral Assistance, and Child
Care Assistance. Personal Property and Miscellaneous Items may also beCare Assistance. Personal Property and Miscellaneous Items may also be
requested,requested,
and and
the requesting state, territory, and Indian tribal government must list the additional items, maximum quantity, the requesting state, territory, and Indian tribal government must list the additional items, maximum quantity,
maximum awardmaximum award
amount, and justification and situations for use. amount, and justification and situations for use.
T hisThis is submitted is submitted
to FEMA annually via the “to FEMA annually via the “
ONA ONA
Administrative Option Selection Form” (FEMA, Administrative Option Selection Form” (FEMA,
IAPPG, pp. 147, 149). However, the “ONA Administrative Option , pp. 147, 149). However, the “ONA Administrative Option
Selection Form” may be changedSelection Form” may be changed
“during any non-disaster period or within three days of a major disaster declaration” “during any non-disaster period or within three days of a major disaster declaration”
(FEMA, (FEMA,
IAPPG, p. 149). , p. 149).
67 Small Business 68 Small Business Administration (SBA), “Computer Matching Agreement Between U.S. SmallAdministration (SBA), “Computer Matching Agreement Between U.S. Small
Business Business
Administration and U.S.Administration and U.S.
Department of Homeland Security, FederalDepartment of Homeland Security, Federal
Emergency Management Agency,” 84Emergency Management Agency,” 84
Federal
Register 2651, February 7, 2019, https://www.govinfo.gov/content/pkg/FR-2019-02-07/pdf/2019-01508.pdf 2651, February 7, 2019, https://www.govinfo.gov/content/pkg/FR-2019-02-07/pdf/2019-01508.pdf
(hereinafter SBA, “Computer Matching Agreement”); and FEMA, (hereinafter SBA, “Computer Matching Agreement”); and FEMA,
IAPPG, p. 145. Per the Computer Matching , p. 145. Per the Computer Matching
Agreement, “Agreement, “
T heThe Computer Matching program seeks to ensure that applicants for SBA Disaster Loans and Computer Matching program seeks to ensure that applicants for SBA Disaster Loans and
DHS/FEMADHS/FEMA
Individuals Individuals and Householdsand Households
Program (IHP) ... are eligibleProgram (IHP) ... are eligible
to receive benefits and do not receive a to receive benefits and do not receive a
duplication of benefits for the same disaster. Additionally, [it] seeks to establish or verify initial eligibility for duplication of benefits for the same disaster. Additionally, [it] seeks to establish or verify initial eligibility for
DHS/FEMADHS/FEMA
and SBAand SBA
disaster disaster assistance.... ” assistance.... ”
6869 42 U.S.C. 42 U.S.C.
§5155. §5155.
69 T he70 The other forms of ONA may be awarded other forms of ONA may be awarded
regardless regardless of the individual’sof the individual’s
or household’s SBAor household’s SBA
disaster loan status and disaster loan status and
are referred to as Non-SBA-Dependent ONA. are referred to as Non-SBA-Dependent ONA.
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insufficient to meet their disaster-caused expenses or serious needs, then they can be referred
insufficient to meet their disaster-caused expenses or serious needs, then they can be referred
back to FEMA for consideration for IHP assistance—back to FEMA for consideration for IHP assistance—
specifical yspecifically for SBA-Dependent ONA. for SBA-Dependent ONA.
7071
Personal Property Assistance provides funding to eligible individuals provides funding to eligible individuals
to repair to repair
or replace eligible
or replace eligible
personal property items damaged or destroyed as a result of a personal property items damaged or destroyed as a result of a
declared emergency or major disaster.declared emergency or major disaster.
7172 Assistance may be provided for ONA- Assistance may be provided for ONA-
eligibleeligible
personal property items set by the affected state/territory/tribe in its personal property items set by the affected state/territory/tribe in its
“ONA Administrative Option Selection Form.”“ONA Administrative Option Selection Form.”
7273
Transportation Assistance provides funding to eligible individuals provides funding to eligible individuals
to repair or to repair or
replace a vehicle damaged by a declared emergency or major disaster, up to the
replace a vehicle damaged by a declared emergency or major disaster, up to the
maximum award amount set by the affected state/territory/tribe in its “ONA maximum award amount set by the affected state/territory/tribe in its “ONA
Administrative Option Selection Form.”Administrative Option Selection Form.”
7374
Group Flood Insurance Policy enables FEMA or the state, territory, or Indian enables FEMA or the state, territory, or Indian
tribal government to directly purchase a policy on an applicant’s behalf if the
tribal government to directly purchase a policy on an applicant’s behalf if the
applicant is required to purchase and maintain flood insurance, but could not applicant is required to purchase and maintain flood insurance, but could not
otherwise purchase a policy.otherwise purchase a policy.
7475 The premium for a three-year certificate of The premium for a three-year certificate of
coverage costs $2,400,coverage costs $2,400,
7576 and it covers real and personal property equaling the and it covers real and personal property equaling the
maximum amount of financial assistance available for both Housing Assistance maximum amount of financial assistance available for both Housing Assistance
and ONA.and ONA.
7677 Upon the group policy’s expiration, the applicant must purchase and Upon the group policy’s expiration, the applicant must purchase and
maintain their own flood insurance; failure to do so may affect future IHP maintain their own flood insurance; failure to do so may affect future IHP
eligibility.eligibility.
7778
Non-SBA-Dependent ONA
The forms of Non-SBA-Dependent ONA may be awarded regardless of the individual or The forms of Non-SBA-Dependent ONA may be awarded regardless of the individual or
household’s SBA disaster loan status.household’s SBA disaster loan status.
7879
Funeral Assistance provides funding to assist eligible individuals with eligible provides funding to assist eligible individuals with eligible
funeral expenses related to a death that is directly or indirectly attributable to a
funeral expenses related to a death that is directly or indirectly attributable to a
declared emergency or major disaster, up to the maximum award amount set by declared emergency or major disaster, up to the maximum award amount set by
70
71 For additional detailed information on the process for authorizing a disaster survivor’s request For additional detailed information on the process for authorizing a disaster survivor’s request
f orfor SBA-Dependent SBA-Dependent
ONA, see the “SBA-Dependent ONA” section of CRSONA, see the “SBA-Dependent ONA” section of CRS
Report R47015, Report R47015,
FEMA’s Individuals and Households Program
(IHP)—Im plem entationImplementation and Considerations for Congress, by Elizabeth M. Webster. , by Elizabeth M. Webster.
71
72 FEMA, FEMA,
IAPPG, pp. 166-169. Eligible Personal Property items include standard household appliances (and selected , pp. 166-169. Eligible Personal Property items include standard household appliances (and selected
accessibility items); essential clothing; standard furnishings; and essential, specializedaccessibility items); essential clothing; standard furnishings; and essential, specialized
tools and equipment requiredtools and equipment required
by by
an employer (essential equipment for self-employment is ineligible)an employer (essential equipment for self-employment is ineligible)
or for education. or for education.
7273 FEMA, FEMA,
IAPPG, p. 149. , p. 149.
T heThe affected state, territory, or tribe may identify ONA-eligible personal property and affected state, territory, or tribe may identify ONA-eligible personal property and
miscellaneousmiscellaneous
items, and can set a maximum number of items each eligibleitems, and can set a maximum number of items each eligible
individual individual or household may receive. or household may receive.
73
74 FEMA, FEMA,
IAPPG, pp. 149, and 170-172. Eligible vehicles include, pp. 149, and 170-172. Eligible vehicles include
cars, vans, sport utility vehicles (SUVs),cars, vans, sport utility vehicles (SUVs),
and trucks, and trucks,
and may includeand may include
motorcycles, boats, golf carts, etc. if specifiedmotorcycles, boats, golf carts, etc. if specified
by by the affected state, territory, or Indian tribal the affected state, territory, or Indian tribal
government on their “ONA Administrative Option Selection Form.” government on their “ONA Administrative Option Selection Form.”
7475 FEMA, FEMA,
IAPPG, pp. 172-175. , pp. 172-175.
7576 Per 44 C.F.R. §61.17(b), the Group Flood Insurance Policy (GFIP) premium is Per 44 C.F.R. §61.17(b), the Group Flood Insurance Policy (GFIP) premium is
a “flat fee of $600 per insured” and a “flat fee of $600 per insured” and
44 C.F.R.44 C.F.R.
§61.17(d) states that the term is for 36 months—or §61.17(d) states that the term is for 36 months—or
3three years; however, the regulation notes that the premium years; however, the regulation notes that the premium
may be adjusted “ may be adjusted “to reflect NFIP [National Flood Insurance Program] loss experience and any adjustment of benefits to reflect NFIP [National Flood Insurance Program] loss experience and any adjustment of benefits
under the IHP program” (FEMA, under the IHP program” (FEMA,
IAPPG, p. 172). , p. 172).
76
77 FEMA, FEMA,
IAPPG, p. 172. , p. 172.
7778 FEMA, FEMA,
IAPPG, p. 174. , p. 174.
7879 FEMA, FEMA,
IAPPG, p. 149. , p. 149.
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the affected state/territory/tribe in its “ONA Administrative Option Selection
the affected state/territory/tribe in its “ONA Administrative Option Selection
Form.”Form.”
7980
Medical and Dental Assistance provides funding to assist eligible individuals provides funding to assist eligible individuals
with eligible
with eligible
medical and dental expenses incurred as a direct result of a declared medical and dental expenses incurred as a direct result of a declared
emergency or major disaster.emergency or major disaster.
8081
Child Care Assistance provides funding to assist eligible individuals provides funding to assist eligible individuals
with a with a
disaster-caused increased financial burden for childcare for children aged 13 and
disaster-caused increased financial burden for childcare for children aged 13 and
under and/or children up to age 21 who have a disability and need assistance with under and/or children up to age 21 who have a disability and need assistance with
activities of daily living. Assistance is provided for up to eight cumulative weeks activities of daily living. Assistance is provided for up to eight cumulative weeks
of childcare and eligibleof childcare and eligible
expenses or the maximum award amount set by the expenses or the maximum award amount set by the
affected state/territory/tribe in its “ONA Administrative Option Selection Form,” affected state/territory/tribe in its “ONA Administrative Option Selection Form,”
whichever is less.whichever is less.
8182
Moving and Storage Assistance provides funding to eligible individuals provides funding to eligible individuals
to to
relocate and store essential personal property while repairs are made to the
relocate and store essential personal property while repairs are made to the
applicant’s primary residence, and then return the property to the repaired applicant’s primary residence, and then return the property to the repaired
primary residence.primary residence.
8283
Miscellaneous Expenses provides funding to reimburse eligible individuals for provides funding to reimburse eligible individuals for
eligible
eligible
items purchased or rented after a disaster to assist with their recovery.items purchased or rented after a disaster to assist with their recovery.
8384 Assistance may be provided for ONA-eligibleAssistance may be provided for ONA-eligible
miscel aneous miscellaneous items set by the items set by the
affected state/territory/tribe in its “ONA Administrative Option Selection affected state/territory/tribe in its “ONA Administrative Option Selection
Form.”Form.”
8485
Critical Needs Assistance (sometimes referred to as “Immediate Needs (sometimes referred to as “Immediate Needs
Assistance”)
Assistance”)
is provided to eligibleis provided to eligible
individuals individuals in the form of a one-time payment in the form of a one-time payment
that is limited to $500 per eligiblethat is limited to $500 per eligible
household when applicants are displaced from household when applicants are displaced from
their pre-disaster primary residence or need to shelter elsewhere as a result of a their pre-disaster primary residence or need to shelter elsewhere as a result of a
declared emergency or major disaster.declared emergency or major disaster.
8586
Clean and Sanitize Assistance (previously “Clean and Removal Assistance”) is (previously “Clean and Removal Assistance”) is
provided to eligible
provided to eligible
individuals individuals in the form of a one-time payment limited to in the form of a one-time payment limited to
79
80 FEMA, FEMA,
IAPPG, pp. 149-152. Examples of eligible funeral expenses include, pp. 149-152. Examples of eligible funeral expenses include
interment or reinterment, funeral and interment or reinterment, funeral and
officiant services, and the cost of producing and certifying death certificates. officiant services, and the cost of producing and certifying death certificates.
8081 FEMA, FEMA,
IAPPG, pp. 153-155. Examples of eligible medical and dental expenses include, pp. 153-155. Examples of eligible medical and dental expenses include
costs associated with a costs associated with a
disaster-causeddisaster-caused
illness or injury, replacing prescribedillness or injury, replacing prescribed
medication or equipment, and insurance deductiblesmedication or equipment, and insurance deductibles
and and
copayments, as wellcopayments, as well
as loss or injury of a service animal. as loss or injury of a service animal.
81
82 FEMA, FEMA,
IAPPG, pp. 155-160. , pp. 155-160.
8283 FEMA, FEMA,
IAPPG, pp. 162-164. Items may be relocated to a temporary housing unit if they will, pp. 162-164. Items may be relocated to a temporary housing unit if they will
be returned to the be returned to the
repaired primary residence. Appliances and furniture, but not recreational items, are eligible to repaired primary residence. Appliances and furniture, but not recreational items, are eligible to
mov emove and store. and store.
8384 FEMA, FEMA,
IAPPG, pp. 160-162. Miscellaneous items may assist disaster survivors with gaining access, pp. 160-162. Miscellaneous items may assist disaster survivors with gaining access
to their property to their property
or assistingor assisting
with cleaning efforts. Examples of eligiblewith cleaning efforts. Examples of eligible
miscellaneous miscellaneous items may includeitems may include
carbon monoxide and smoke carbon monoxide and smoke
detectors, and a dehumidifierdetectors, and a dehumidifier
or humidifier. Chainsawsor humidifier. Chainsaws
and generators may be permitted under limited circumstances if and generators may be permitted under limited circumstances if
certain conditions are met. certain conditions are met.
8485 FEMA, FEMA,
IAPPG, p. 149. , p. 149.
T heThe affected state, territory, or tribe may identify ONA-eligible personal property and affected state, territory, or tribe may identify ONA-eligible personal property and
miscellaneousmiscellaneous
items, and can set a maximum number of items each eligibleitems, and can set a maximum number of items each eligible
individual individual or household may receive. or household may receive.
8586 FEMA, FEMA,
IAPPG, pp. 164-165. FEMA’s , pp. 164-165. FEMA’s
IAPPG provides a nonexclusive list of life-saving and provides a nonexclusive list of life-saving and
life-sustaining items life-sustaining items
includingincluding
“water, food, first aid, prescriptions, infant formula, diapers, CMS“water, food, first aid, prescriptions, infant formula, diapers, CMS
[consumable medical[consumable medical
supplies], DME supplies], DME
[durable[durable
medical medical equipment], personal hygiene items, and fuel for transportation.” equipment], personal hygiene items, and fuel for transportation.”
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$300 to “ensure minimal damage to the home is addressed in order to prevent
$300 to “ensure minimal damage to the home is addressed in order to prevent
additional losses and potential health and safety concerns.”additional losses and potential health and safety concerns.”
8687
Mass Care and Emergency Assistance8788
Mass Care and Emergency Assistance (MC/EA) involves federal coordination and support of Mass Care and Emergency Assistance (MC/EA) involves federal coordination and support of
state, local, tribal, and territorial government efforts to provide life-sustaining services to disaster state, local, tribal, and territorial government efforts to provide life-sustaining services to disaster
survivors prior to, during, and following an incident through short-term recovery.survivors prior to, during, and following an incident through short-term recovery.
8889 Examples of Examples of
MC/EA include emergency feeding and sheltering. UnlikeMC/EA include emergency feeding and sheltering. Unlike
the other forms of assistance discussed the other forms of assistance discussed
in this report, MC/EA is authorized and funded through FEMA’s Public Assistance—rather than in this report, MC/EA is authorized and funded through FEMA’s Public Assistance—rather than
Individual Assistance—program. Individual Assistance—program.
IA Factors for a Major Disaster Declaration
Federal assistance is intended to supplement—not supplant—the local, state, territory, or Indian Federal assistance is intended to supplement—not supplant—the local, state, territory, or Indian
tribal government’s response and recovery efforts.tribal government’s response and recovery efforts.
8990 For this reason, state, territory, and Indian For this reason, state, territory, and Indian
tribal governments do not tribal governments do not
automatical yautomatically receive a presidential declaration of emergency or major receive a presidential declaration of emergency or major
disaster, nor do they disaster, nor do they
automatical yautomatically receive Individual Assistance (there is no threshold for receive Individual Assistance (there is no threshold for
authorizing IA).authorizing IA).
9091 Instead, following an Instead, following an
incident,,
9192 the governor or chief executive must request the governor or chief executive must request
that the President declare an emergency or major disaster authorizing IA.that the President declare an emergency or major disaster authorizing IA.
9293 The governor or chief The governor or chief
executive’s request must demonstrate that they are unable to effectively respond to the incident executive’s request must demonstrate that they are unable to effectively respond to the incident
without federal assistance.without federal assistance.
9394 To that end, the request must include information about the actions To that end, the request must include information about the actions
taken and resources that have been or taken and resources that have been or
wil will be committed, and an estimate of the amount and be committed, and an estimate of the amount and
severity of the disaster-caused damages, in addition to other required information.severity of the disaster-caused damages, in addition to other required information.
9495 Using the Using the
information submitted by the governor or chief executive in their major disaster declaration information submitted by the governor or chief executive in their major disaster declaration
request, FEMA evaluates specific factors to determine whether there is a need for supplemental request, FEMA evaluates specific factors to determine whether there is a need for supplemental
86
87 Memorandum from Keith Memorandum from Keith
T uriTuri RE: Amendment to the IAPPG, pp. 11 RE: Amendment to the IAPPG, pp. 11
-12. -12.
8788 FEMA, FEMA,
IAPPG, pp. 16-40., pp. 16-40.
T heThe IAPPG chapter on Mass Care and Emergency Assistance (MC/EA) includes chapter on Mass Care and Emergency Assistance (MC/EA) includes
an an
overview of the program, as welloverview of the program, as well
as descriptions of assistance, includingas descriptions of assistance, including
support related to (1) sheltering; (2) feeding; support related to (1) sheltering; (2) feeding;
(3) the distribution of emergency supplies; (4) individuals(3) the distribution of emergency supplies; (4) individuals
with disabilitieswith disabilities
and and others with access and functional needs; others with access and functional needs;
(5) reunification; (6) pets, service animals, and assistance animals; (7) mass evacuees;(5) reunification; (6) pets, service animals, and assistance animals; (7) mass evacuees;
(8) T ransitional (8) Transitional Sheltering Sheltering
Assistance (Assistance (
T SATSA); (9) Operation Blue Roof programs; and (10) the National Mass Care); (9) Operation Blue Roof programs; and (10) the National Mass Care
Exercise. Exercise.
88
89 FEMA, FEMA,
IAPPG, p. 6. , p. 6.
89 T he90 The governor or chief executive’s request must document that the “situation is of such severity and magnitude governor or chief executive’s request must document that the “situation is of such severity and magnitude
that that
effective response is beyond the capabilities of the State and affected local governments” and that supplemental federal 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). assistance is necessary (44 C.F.R. §§206.35 and 206.36).
T oTo justify a declaration of emergency, supplemental federal justify a declaration of emergency, supplemental federal
assistance must beassistance must be
needed needed to “save lives and to protect property, public health and safety, or to lessen or avert the threat 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. §206.35). of a disaster” (44 C.F.R. §206.35).
T oTo justify a declaration of major disaster, federal assistance must be needed justify a declaration of major disaster, federal assistance must be needed
to to
“supplement the efforts and available resources of the State, local governments, disaster relief organizations, and “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.compensation by insurance for disaster-related losses” (44 C.F.R.
§206.36). §206.36).
90
91 44 C.F.R. §§206.35-206.38, and 206.40(a); and FEMA, “ 44 C.F.R. §§206.35-206.38, and 206.40(a); and FEMA, “
How a Disaster GetsHow a Disaster Gets
Declared.” Declared.”
9192 An An
incident is is
defined as “[a]ny condition which meets the definition of major disaster or emergency as set forth in defined as “[a]ny condition which meets the definition of major disaster or emergency as set forth in
§206.2 which causes§206.2 which causes
damage damage or hardship that may result in a or hardship that may result in a
P residentialPresidential declaration of a major disaster or an declaration of a major disaster or an
emergency” (44 C.F.R. §206.32(e)). emergency” (44 C.F.R. §206.32(e)).
9293 42 U.S.C. 42 U.S.C.
§§5191 and 5170; 44 C.F.R. §§206.35, 206.36, 206.38, and 206.40(a); and FEMA, “How a Disaster Gets §§5191 and 5170; 44 C.F.R. §§206.35, 206.36, 206.38, and 206.40(a); and FEMA, “How a Disaster Gets
Declared.” It is possibleDeclared.” It is possible
for the President to unilaterally declare an emergency under Stafford Act Section 501(b) when for the President to unilaterally declare an emergency under Stafford Act Section 501(b) when
the federal government has “the federal government has “
exclusive or preeminent responsibility and authority.” exclusive or preeminent responsibility and authority.”
9394 44 C.F.R. §§206.35 and 206.36. 44 C.F.R. §§206.35 and 206.36.
9495 For a list and description of information requirements to accompany a governor or chief executive’s request for an For a list and description of information requirements to accompany a governor or 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, respectively.emergency declaration and a major disaster declaration, see 44 C.F.R. §206.35 and 44 C.F.R. §206.36, respectively.
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federal assistance to individuals (i.e., IA).
federal assistance to individuals (i.e., IA).
9596 This includes information collected through the This includes information collected through the
Preliminary Damage Assessment (PDA) process, which is validated by local, state, territory, Preliminary Damage Assessment (PDA) process, which is validated by local, state, territory,
Indian tribal government, and federal authorities.Indian tribal government, and federal authorities.
9697 FEMA then provides a recommendation to the FEMA then provides a recommendation to the
President.President.
9798 The decision to grant an emergency or major disaster declaration request is at the The decision to grant an emergency or major disaster declaration request is at the
President’s sole discretion.President’s sole discretion.
9899
FEMA issued a final rule updating the factors considered when evaluating a governor’s request
FEMA issued a final rule updating the factors considered when evaluating a governor’s request
for IA on March 21, 2019, as required by Section 1109 of the Sandy Recovery Improvement Act for IA on March 21, 2019, as required by Section 1109 of the Sandy Recovery Improvement Act
of 2013 (SRIA, Division B of P.L. 113-2).of 2013 (SRIA, Division B of P.L. 113-2).
99100 The factors were revised to establish what FEMA The factors were revised to establish what FEMA
characterized as “more objective” criteria for evaluating the need for assistance, clarify eligibility characterized as “more objective” criteria for evaluating the need for assistance, clarify eligibility
requirements, and expedite a presidential declaration determination. These factors became requirements, and expedite a presidential declaration determination. These factors became
effective June 1, 2019. FEMA also produced guidance for use by states and territories when effective June 1, 2019. FEMA also produced guidance for use by states and territories when
drafting requests for major disaster declarations authorizing IA.drafting requests for major disaster declarations authorizing IA.
100101 Thus, there are six IA factors Thus, there are six IA factors
that are considered pursuant to a governor’s request for a major disaster declaration authorizing that are considered pursuant to a governor’s request for a major disaster declaration authorizing
IA.IA.
101102 These factors are intended to help FEMA assess the “severity, magnitude, and impact of a These factors are intended to help FEMA assess the “severity, magnitude, and impact of a
disaster,” as disaster,” as
wel well as the capabilities of the affected jurisdictions.as the capabilities of the affected jurisdictions.
102103 The factors are also used to The factors are also used to
identify the appropriate types of IA to authorize (e.g., significant casualties could indicate the identify the appropriate types of IA to authorize (e.g., significant casualties could indicate the
need for ONA for Funeral Assistance and Medical and Dental Assistance, and Crisis Counseling). need for ONA for Funeral Assistance and Medical and Dental Assistance, and Crisis Counseling).
FEMA uses a separate set of factors when evaluating a chief executive of an affected Indian tribal
FEMA uses a separate set of factors when evaluating a chief executive of an affected Indian tribal
government’s request for a major disaster authorizing IA. Section 1110 of SRIA amended the government’s request for a major disaster authorizing IA. Section 1110 of SRIA amended the
Stafford Act to Stafford Act to
al owallow chief executives to request an emergency or major disaster declaration chief executives to request an emergency or major disaster declaration
(alternatively, the tribe may receive assistance through the state’s declaration).(alternatively, the tribe may receive assistance through the state’s declaration).
103 Initial y104 Initially, FEMA , FEMA
used the same factors to evaluate a governor or chief executive’s request for a major disaster used the same factors to evaluate a governor or chief executive’s request for a major disaster
declaration, which declaration, which
al owedallowed tribal governments to exercise this authority immediately upon tribal governments to exercise this authority immediately upon
95 96 44 C.F.R. §206.48(b); and FEMA, 44 C.F.R. §206.48(b); and FEMA,
Tribal Declarations Pilot Guidance, pp. 36-38. , pp. 36-38.
9697 FEMA, FEMA,
Preliminary Damage Assessment Guide, August, August
2021, p. 1, https://www.fema.gov/sites/default/files/2021, p. 1, https://www.fema.gov/sites/default/files/
documents/fema_2021-pda-guide.pdf (hereinafter FEMA, documents/fema_2021-pda-guide.pdf (hereinafter FEMA,
Prelim inary Dam age Assessm entPreliminary Damage Assessment Guide). ).
9798 44 C.F.R. §206.37(c). 44 C.F.R. §206.37(c).
9899 44 C.F.R. §206.38. 44 C.F.R. §206.38.
99100 DHS/FEMA, DHS/FEMA,
“Factors Considered When Evaluating a Governor’s Request“Factors Considered When Evaluating a Governor’s Request
for Individualfor Individual
Assistance for a Major Assistance for a Major
Disaster,” 84 Disaster,” 84
Federal Register 10632-10664, March 21, 2019, https://www.govinfo.gov/content/pkg/FR-2019-03-21/ 10632-10664, March 21, 2019, https://www.govinfo.gov/content/pkg/FR-2019-03-21/
pdf/2019-05388.pdf (hereinafter DHS/FEMA, “pdf/2019-05388.pdf (hereinafter DHS/FEMA, “
Factors Considered When Evaluating a RequestFactors Considered When Evaluating a Request
for IA”)for IA”)
; 44 C.F.R. ; 44 C.F.R.
§206.48(b). §206.48(b).
100
101 FEMA, FEMA,
Individual Assistance Declarations Factors Guidance, June 2019, https://www.regulations.gov/document/, June 2019, https://www.regulations.gov/document/
FEMA-2014-0005-0071. FEMA-2014-0005-0071.
101102 According to FEMA, the same IA factors would According to FEMA, the same IA factors would
be be considered in the event a state or territory requests IHP considered in the event a state or territory requests IHP
assistance pursuant to an emergency declaration, and the assistance pursuant to an emergency declaration, and the
Individual Assistance Declarations Factors Guidance would would
be usefulbe useful
in evaluating the need for IHP assistance. As describedin evaluating the need for IHP assistance. As described
by FEMA, “by FEMA, “
[w]hile FEMA’s regulations in 44 CFR [w]hile FEMA’s regulations in 44 CFR
206.48 only expressly apply to requests for major disasters, in the event that a state did request IHP under an 206.48 only expressly apply to requests for major disasters, in the event that a state did request IHP under an
emergency declaration, the factors outlined in that provision would still be relevant to [assessing] whether the event emergency declaration, the factors outlined in that provision would still be relevant to [assessing] whether the event
waswas
beyond state and local capabilities asbeyond state and local capabilities as
it related to [the] IHP. Likewise, the it related to [the] IHP. Likewise, the
Individual Assistance Declarations
Factors Guidance (June 2019) would (June 2019) would
be relevant, in particular the discussionbe relevant, in particular the discussion
of the Principal Factors for evaluating the of the Principal Factors for evaluating the
need for IHP [italics added].”need for IHP [italics added].”
FEMA also noted that IHP authorization pursuant to an emergency declaration is FEMA also noted that IHP authorization pursuant to an emergency declaration is
“extremely rare” and stated that the agency would encourage a state that is considering requesting an emergency “extremely rare” and stated that the agency would encourage a state that is considering requesting an emergency
declaration authorizing IA—IHP to instead consider requestingdeclaration authorizing IA—IHP to instead consider requesting
a major disaster declaration, “a major disaster declaration, “
unless the event was a unless the event was a
type that did not meet the major disaster definition,” because “[e]vents that have a significant enough impact on type that did not meet the major disaster definition,” because “[e]vents that have a significant enough impact on
individualsindividuals
and households to warrant IHP are likely to have the need for other types of Individual Assistance.... ” and households to warrant IHP are likely to have the need for other types of Individual Assistance.... ”
(email correspondence from FEMA Congressional Affairs staff, November 27, 2019).(email correspondence from FEMA Congressional Affairs staff, November 27, 2019).
102
103 DHS/FEMA, DHS/FEMA,
“Factors Considered When Evaluating a Request“Factors Considered When Evaluating a Request
for IA,” 84 for IA,” 84
Federal Register 10633; and 44 C.F.R. 10633; and 44 C.F.R.
§206.48(b). §206.48(b).
103104 Section 1110 of SRIA Section 1110 of SRIA
(P.L. 113-2). (P.L. 113-2).
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SRIA’s enactment (using the previous IA factors—before they were revised and made effective in
SRIA’s enactment (using the previous IA factors—before they were revised and made effective in
June 2019).June 2019).
104105 However, FEMA’s release of the However, FEMA’s release of the
Tribal Declarations Pilot Guidance in January in January
2017 made effective specific factors considered when evaluating a chief executive’s request for a 2017 made effective specific factors considered when evaluating a chief executive’s request for a
major disaster declaration.major disaster declaration.
105106 When the pilot period concludes (no specific time has been set), When the pilot period concludes (no specific time has been set),
FEMA has stated that it FEMA has stated that it
wil will develop regulations informed by the pilot.develop regulations informed by the pilot.
106107 Thus, there are nine Thus, there are nine
factors considered when evaluating a chief executive’s request for a major disaster declaration factors considered when evaluating a chief executive’s request for a major disaster declaration
authorizing IA, which are intended to help FEMA evaluate whether an event has overwhelmed authorizing IA, which are intended to help FEMA evaluate whether an event has overwhelmed
the tribal government’s capabilities, making Stafford Act assistance necessary.the tribal government’s capabilities, making Stafford Act assistance necessary.
107 108
No single factor is determinative; FEMA considers
No single factor is determinative; FEMA considers
al all relevant information submitted by the relevant information submitted by the
governor or chief executive as part of a declaration request, and the President has the sole governor or chief executive as part of a declaration request, and the President has the sole
discretion to approve a major disaster declaration request authorizing IA.discretion to approve a major disaster declaration request authorizing IA.
108109
Brief descriptions of the factors FEMA evaluates when considering a governor’s request are
Brief descriptions of the factors FEMA evaluates when considering a governor’s request are
included iincluded i
n Table 2, andand Table 3 provides brief descriptions of the factors FEMA evaluates when provides brief descriptions of the factors FEMA evaluates when
considering a chief executive’s request. considering a chief executive’s request.
Table 2. IA Factors for a Governor’s Major Disaster Declaration Request
Applies to
Applies to
Af ectedAffected States and Territories States and Territories
Supporting
Information/
IA Factors
Description
Data Sources
State Fiscal
State Fiscal
FEMA considers
FEMA considers
the availability of government and private-sector the availability of government and private-sector
U.S. Department
U.S. Department
Capacity and
Capacity and
resources,
resources,
and the circumstances that contributed to the state/territory and the circumstances that contributed to the state/territory
of the Treasury,
of the Treasury,
Resource
Resource
having insufficient resources,
having insufficient resources,
potential y potentially necessitating supplemental federal necessitating supplemental federal
Bureau of Bureau of
AvailabilityaAvailabilitya
assistance. FEMA evaluates (1)
assistance. FEMA evaluates (1)
Fiscal Capacity (a principal factor for (a principal factor for
Economic
Economic
considering the need for the IHP), which indicates the state/territory’s
considering the need for the IHP), which indicates the state/territory’s
Analysis,
Analysis,
ability manage disaster response
ability manage disaster response
and recovery,and recovery,
by considering its ability to by considering its ability to
state/territory
state/territory
raise
raise
revenue for disaster responserevenue for disaster response
and recoveryand recovery
based on either total based on either total
reported other
reported other
taxable resources
taxable resources
(TTR) or gross(TTR) or gross
domestic product (GDP), as domestic product (GDP), as
wel well as per as per
limits
limits
on a on a
capita personal
capita personal
income by locality and other factors affecting the income by locality and other factors affecting the
state/territory’s
state/territory’s
state/territory’s
state/territory’s
ability to col ect funds; and (2) ability to col ect funds; and (2)
Resource Availability, ,
treasury or ability
treasury or ability
which indicates whether the disaster-caused needs can be met using non-
which indicates whether the disaster-caused needs can be met using non-
to col ect funds
to col ect funds
Stafford Act sources.
Stafford Act sources.
Also Also considered is the cumulative effect of recent considered is the cumulative effect of recent
and resource
and resource
disasters
disasters
occurring in the previousoccurring in the previous
24 months. 24 months.
availability
availability
104
105 According to FEMA’s website According to FEMA’s website
“T ribal “Tribal Declarations Pilot Guidance,” available at https://www.fema.gov/disasters/ Declarations Pilot Guidance,” available at https://www.fema.gov/disasters/
tribal-declarations, the period when Indian tribal governments could use the state/territory regulations ran from January tribal-declarations, the period when Indian tribal governments could use the state/territory regulations ran from January
29, 2013, when SRIA29, 2013, when SRIA
was was enacted, through January 9, 2017, when FEMA releasedenacted, through January 9, 2017, when FEMA released
its its
Tribal Declarations Pilot
Guidance on January 10, 2017. on January 10, 2017.
105106 FEMA, FEMA,
Tribal Declarations Pilot Guidance. .
106107 FEMA, FEMA,
Tribal Declarations Pilot Guidance, p. 3; and FEMA, “, p. 3; and FEMA, “
T ribalTribal Declarations Pilot Guidance,” Declarations Pilot Guidance,”
https://www.fema.gov/disasters/tribal-declarations. https://www.fema.gov/disasters/tribal-declarations.
107108 FEMA, FEMA,
Tribal Declarations Pilot Guidance, p. 34. “Appendix D; , p. 34. “Appendix D;
T ribalTribal-Specific Considerations” of FEMA’s -Specific Considerations” of FEMA’s
Prelim inary Dam age Assessm entPreliminary Damage Assessment Guide includes includes
useful useful resources and uniqueresources and unique
considerations for Indian tribal considerations for Indian tribal
governments during the Preliminary Damage Assessment process. governments during the Preliminary Damage Assessment process.
108109 Per FEMA’s regulation at 44 C.F.R. Per FEMA’s regulation at 44 C.F.R.
§206.48(b), “State fiscal capacity (§206.48(b), “State fiscal capacity (
44 CFR 206.48(b)(1)(i)) and uninsured 44 CFR 206.48(b)(1)(i)) and uninsured
home and personal property losses (44 C.F.R. 206.48(b)(2)) are the principal factors that FEMA will consider when home and personal property losses (44 C.F.R. 206.48(b)(2)) are the principal factors that FEMA will consider when
evaluating the need for supplemental Federalevaluating the need for supplemental Federal
assistance underassistance under
the Individualsthe Individuals
and Householdsand Households
Program but FEMAProgram but FEMA
will will
alwaysalways
consider all relevant information submitted as part of a declaration request. If the need for supplemental Federalconsider all relevant information submitted as part of a declaration request. If the need for supplemental Federal
assistance under the Individualsassistance under the Individuals
and Householdsand Households
Program is not clear from the evaluation of the principal factors, Program is not clear from the evaluation of the principal factors,
FEMA willFEMA will
turn to the other factors to determine the level of need.... ”; and FEMA, turn to the other factors to determine the level of need.... ”; and FEMA,
Tribal Declarations Pilot
Guidance, p. 34. , p. 34.
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Supporting
Information/
IA Factors
Description
Data Sources
Uninsured
Uninsured
FEMA considers
FEMA considers
the results of the FEMA-State Preliminarythe results of the FEMA-State Preliminary
Damage Damage
State/territory
State/territory
Home
Home
and and
Assessment
Assessment
(PDA) process to examine the extent of damage and (PDA) process to examine the extent of damage and
reported
reported
Personal
Personal
estimated cost of IHP assistance (a principal IHP factor). An affected
estimated cost of IHP assistance (a principal IHP factor). An affected
fol owing the
fol owing the
Property
Property
state/territory
state/territory
may provide data for consideration,may provide data for consideration,
including (1) the including (1) the
Preliminary
Preliminary
LossesbLossesb
damage-causing peril; (2) the percentage of affected applicants with
damage-causing peril; (2) the percentage of affected applicants with
Damage
Damage
insurance for such peril; (3) the concentration of damages; (4) the number Assessment
insurance for such peril; (3) the concentration of damages; (4) the number Assessment
of homes damaged and degree of damage; (5) the estimated cost of of homes damaged and degree of damage; (5) the estimated cost of
assistance; (6) the estimatedassistance; (6) the estimated
homeownership homeownership rate for the affected homes; rate for the affected homes;
and (7) other relevant PDA data that may demonstrateand (7) other relevant PDA data that may demonstrate
a need for a need for
supplemental assistance. supplemental assistance.
Disaster
Disaster
FEMA considers
FEMA considers
the affected community’s demographics as compared the affected community’s demographics as compared
U.S. Census
U.S. Census
Impacted
Impacted
with national averages (based on U.S. Census Bureau and other federal
with national averages (based on U.S. Census Bureau and other federal
Bureau
Bureau
Population
Population
data), to evaluate whether there is an increased
data), to evaluate whether there is an increased
need for supplemental need for supplemental
(American
(American
Profile
Profile
federal assistance.
federal assistance.
Community
Community
Survey), other Survey), other
federal agencies federal agencies
Impact to
Impact to
FEMA considers
FEMA considers
the disaster-caused disruption, damage, or destruction to the disaster-caused disruption, damage, or destruction to
State/territory
State/territory
Community
Community
community infrastructure components, which may make it difficult for
community infrastructure components, which may make it difficult for
reported
reported
Infrastructure
Infrastructure
disaster survivors
disaster survivors
to resideto reside
in the community and may hinder community in the community and may hinder community
recovery—recovery—
specifical y, specifically, disruption, damage, or destruction for more than disruption, damage, or destruction for more than
72 hours to any/72 hours to any/
al all of the fol owing:of the fol owing:
(1) “Life-Saving and Life-Sustaining (1) “Life-Saving and Life-Sustaining
Services”Services”
that provide an “essentialthat provide an “essential
community function that .community function that .
. wil affect . wil affect
public health and safety” (e.g., police,public health and safety” (e.g., police,
medical facilities);medical facilities);
(2) “Essential (2) “Essential
Community Services”Community Services”
that improvethat improve
quality of life (e.g., socialquality of life (e.g., social
services); and services); and
(3) “Transportation Infrastructure and Utilities”(3) “Transportation Infrastructure and Utilities”
that, for example,that, for example,
render render
housing uninhabitable or inaccessible. housing uninhabitable or inaccessible.
Casualties
Casualties
FEMA considers
FEMA considers
the number of individuals who are missing,the number of individuals who are missing,
injured,injured,
or or
State/territory
State/territory
deceased as a result of a disaster,
deceased as a result of a disaster,
which indicateswhich indicates
community trauma. community trauma.
reported
reported
Disaster
Disaster
Related FEMA considersRelated FEMA considers
the number of individuals who may have lost work or the number of individuals who may have lost work or
State/territory
State/territory
Unemployment
Unemployment
become unemployed as a result of the disaster
become unemployed as a result of the disaster
and who do not qualify for and who do not qualify for
reported
reported
standard unemployment insurance. FEMA also considers impacts to major
standard unemployment insurance. FEMA also considers impacts to major
employersemployers
in the affected jurisdiction,in the affected jurisdiction,
which could indicate the potential which could indicate the potential
for a prolonged recoveryfor a prolonged recovery
process. process.
Sources: 44 C.F.R.44 C.F.R.
§206.48(b); FEMA, §206.48(b); FEMA,
Individual Assistance Declarations Factors Guidance,,
June 2019, June 2019,
https://www.regulations.gov/document/FEMA-2014-0005-0071; FEMA, https://www.regulations.gov/document/FEMA-2014-0005-0071; FEMA,
Preliminary Damage Assessment Guide, ,
August 2021, pp. 15 and 28-41, https://www.fema.gov/sites/default/files/documents/fema_2021-pda-guide.pdf. August 2021, pp. 15 and 28-41, https://www.fema.gov/sites/default/files/documents/fema_2021-pda-guide.pdf.
Notes: 44 C.F.R.44 C.F.R.
§206.48(b). FEMA considers §206.48(b). FEMA considers
al all relevant information submitted as part of a declaration request. relevant information submitted as part of a declaration request.
a. Fiscal Capacity is a principal factor for the IHP (44 C.F.R. §206.48(b)(1)(i)).a. Fiscal Capacity is a principal factor for the IHP (44 C.F.R. §206.48(b)(1)(i)).
b. Uninsured Homeb. Uninsured Home
and Personal Property Lossesand Personal Property Losses
is a principal factor for the IHP (44 C.F.R.is a principal factor for the IHP (44 C.F.R.
§206.48(b)(2)). §206.48(b)(2)).
Table 3. IA Factors for a Chief Executive’s Major Disaster Declaration Request
Applies to Affected
Applies to Affected
Federal yFederally Recognized Tribes Recognized Tribes
Supporting
Information/
IA Factors
Description
Data Sources
Uninsured
Uninsured
FEMA evaluates the damage to the primary
FEMA evaluates the damage to the primary
residences residences of enrol edof enrol ed
tribal tribal
Tribe reported
Tribe reported
Home
Home
and and
members
members
and, if requested and approved, nonenrol edand, if requested and approved, nonenrol ed
members members of the of the
fol owing the
fol owing the
Personal
Personal
tribal community, by categorizing homes
tribal community, by categorizing homes
based on damage and assessing based on damage and assessing
Preliminary
Preliminary
Property
Property
the magnitude of the disaster and concentration of damages.
the magnitude of the disaster and concentration of damages.
Damage
Damage
LossesaLossesa
Assessment
Assessment
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Information/
IA Factors
Description
Data Sources
Availability
Availability
of of
FEMA considers
FEMA considers
the availability of accessiblethe availability of accessible
temporary housing temporary housing
Tribe reported
Tribe reported
Housing
Housing
resources.
resources.
Resources
Resources
Casualties
Casualties
FEMA considers
FEMA considers
disaster-caused “deaths or injuriesdisaster-caused “deaths or injuries
[including] of[including] of
cultural, cultural,
Tribe reported
Tribe reported
religious,
religious,
and government leaders.” and government leaders.”
Impact to
Impact to
FEMA considers
FEMA considers
the disaster’sthe disaster’s
impacts that may adverselyimpacts that may adversely
affect the affect the
Tribe reported
Tribe reported
Community
Community
“population’s ability to safely and securely
“population’s ability to safely and securely
reside within the community,” reside within the community,”
Infrastructure
Infrastructure
including the large-scale disruption of community functions and services;
including the large-scale disruption of community functions and services;
impacts to cultural and spiritual facilities;impacts to cultural and spiritual facilities;
and emergencyand emergency
needs. needs.
Disaster
Disaster
FEMA considers
FEMA considers
the affected community’s demographics,the affected community’s demographics,
including including
U.S. Census
U.S. Census
Impacted
Impacted
populations that may have a greater need for recovery
populations that may have a greater need for recovery
support. support.
Bureau, tribe
Bureau, tribe
Population
Population
reported unique
reported unique
Profile
Profile
considerations
considerations
not reflected in not reflected in
U.S. Census U.S. Census
Bureau data Bureau data
Voluntary
Voluntary
FEMA considers
FEMA considers
the extent to which disasterthe extent to which disaster
survivors’survivors’
needs can be met needs can be met
Tribe reported
Tribe reported
Agency and
Agency and
by voluntary agencies, and the local and state governments.
by voluntary agencies, and the local and state governments.
Other
Other
Assistance Assistance
Tribal
Tribal
FEMA considers
FEMA considers
the tribal government’sthe tribal government’s
efforts that have or wil be made efforts that have or wil be made
Tribe reported
Tribe reported
Government
Government
and the resources
and the resources
that have or wilthat have or wil
be committed. be committed.
Resources
Resources
Unique
Unique
FEMA considers
FEMA considers
the tribe’s unique needs and the conditions that are the tribe’s unique needs and the conditions that are
Tribe reported
Tribe reported
Conditions that
Conditions that
unique to the tribal community
unique to the tribal community
(e.g., needs associated with remote (e.g., needs associated with remote
Affect Tribal
Affect Tribal
locations or the impact on the tribal government’s
locations or the impact on the tribal government’s
economy). economy).
Governments
Governments
Other Relevant
Other Relevant
Other relevant information provided by the tribe.
Other relevant information provided by the tribe.
Tribe reported
Tribe reported
Information
Information
Sources: FEMA, FEMA,
Tribal Declarations Pilot Guidance,,
January 2017, pp. 36-38, https://www.fema.gov/sites/default/January 2017, pp. 36-38, https://www.fema.gov/sites/default/
files/2020-04/tribal-declaration-pilot-guidance.pdf; FEMA, files/2020-04/tribal-declaration-pilot-guidance.pdf; FEMA,
Preliminary Damage Assessment Guide, August 2021, pp. , August 2021, pp.
15 and D1-D9, https://www.fema.gov/sites/default/files/documents/fema_2021-pda-guide.pdf. 15 and D1-D9, https://www.fema.gov/sites/default/files/documents/fema_2021-pda-guide.pdf.
Notes: a. The “disaster-relateda. The “disaster-related
impacts to homes and personal property are the principal factors FEMA and the impacts to homes and personal property are the principal factors FEMA and the
President use to determine
President use to determine
if the [tribe’s] request [for a presidential majorif the [tribe’s] request [for a presidential major
disaster disaster declaration including IA] declaration including IA]
should be approved” (FEMA, should be approved” (FEMA,
Preliminary Damage Assessment Guide, p. D-5). , p. D-5).
Author Information
Elizabeth M. Webster Elizabeth M. Webster
Analyst in Emergency Management and Disaster
Analyst in Emergency Management and Disaster
Recovery Recovery
Congressional Research Service
Congressional Research Service
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FEMA Individual Assistance Programs: An Overview
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