FEMA Individual Assistance Programs:
January 3, 2023March 22, 2024
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
AnalystSpecialist in Emergency 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,
Mitigation Assistance (HMA). IA, which is the focus of this report,
supports thehelps disaster disaster
recovery of affected individuals and householdssurvivors recover. PA provides grants to local, state, territorial, and Indian . PA provides grants to local, state, territorial, and Indian
tribal governments, as well as tribal governments, as well as
certain private nonprofit organizations for emergency protective certain private nonprofit organizations for emergency protective
measures, debris removal operations, and repair or replacement of damaged public infrastructure. HMA funds 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 providing financial and direct
federal assistance to assistance to
individuals and householdsdisaster survivors following a presidential declaration of following a presidential declaration of
emergency or major disaster. In addition to the IHP, the Crisis Counseling Assistance and Training Program may emergency or major disaster. In addition to the IHP, the Crisis Counseling Assistance and Training Program may
also be be
authorized pursuant to either an emergency or major disaster declaration. The other forms of IA may only authorized pursuant to either an emergency or major disaster declaration. The other forms of IA may only
provide services to support the recovery of individuals and households, whenbe authorized pursuant to a major disaster declaration. authorized pursuant to a major disaster declaration.
The IA program information included herein is based on
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 FEMA’s comprehensive IA program policy resource, the Individual Assistance
Program and Policy Guide (IAPPG), Program and Policy Guide (IAPPG),
which was released in May 2021 and applies to emergencies and disasters declared on or after 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)
. Additionally, FEMA has issued policy and program updates through a September 2, 2021, memorandum, various releases and fact sheets, and an interim final rule changing its IHP regulations. .
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 types of IA that are determine whether or not to recommend the President declare a major disaster, helps FEMA identify the types 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 ....................................................................................................... 34
Disaster Legal Services ............................................................................................................. 45
Disaster Unemployment Assistance .......................................................................................... 5
Individuals and Households Program ....................................................................................... 56
Housing Assistance ............................................................................................................. 67
Other Needs Assistance..................................................................................................... 10
Mass Care and Emergency Assistance .................................................................................... 1312
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
individualsdisaster survivors 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 §§5121 et seq.).1 This report provides brief descriptions of
the IA categories authorized under the Stafford Actforms of IA, including the Crisis Counseling Assistance and Training Program (CCP);2 Disaster , 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).
All forms of IA may be authorized pursuant to a major disaster declaration; however, only the
All forms of IA may be authorized pursuant to a major disaster declaration; however, only the
IHP and CCP may be authorized pursuant to either an emergency or major disaster declaration.7 IHP and CCP may be authorized pursuant to either an emergency or major disaster declaration.7
In addition, the IHP is In addition, the IHP is
also the only form of FEMA assistance that provides grants directly to 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 individuals and households to support their disaster recovery by helping address their housing and
other needs (FEMA may also provide direct assistance for housing under the IHP). All forms of other needs (FEMA may also provide direct assistance for housing under the IHP). All forms of
IA are funded through the Disaster Relief Fund (DRF), which is managed by FEMA.8 The federal IA are funded through the Disaster Relief Fund (DRF), which is managed by FEMA.8 The federal
government provides 100% of the funding for CCP, DCM, DLS, DUA, and IHP-Housing government provides 100% of the funding for CCP, DCM, DLS, DUA, and IHP-Housing
Assistance. IHP-ONA, however, is subject to a statutorily set 75% federal and 25% nonfederal Assistance. IHP-ONA, however, is subject to a statutorily set 75% federal and 25% nonfederal
cost share, borne by the affected state, territory, or tribe. MC/EA services are funded under the cost share, borne by the affected state, territory, or tribe. MC/EA services are funded under the
Public Assistance program, and are subject to a cost share that shall be not less than 75% federal Public Assistance program, and are subject to a cost share that shall be not less than 75% federal
and 25% nonfederal, which may be adjusted.9 and 25% nonfederal, which may be adjusted.9
1 Disaster Relief Act of 1974 (P.L. 93-288) (retitled the Robert T. Stafford Disaster Relief and Emergency Assistance 1 Disaster Relief Act of 1974 (P.L. 93-288) (retitled the Robert T. Stafford Disaster Relief and Emergency Assistance
Act—hereinafter Stafford Act—and codified, as amended, at 42 U.S.C. §§5121 et seq.). The Federal Emergency Act—hereinafter Stafford Act—and codified, as amended, at 42 U.S.C. §§5121 et seq.). The Federal Emergency
Management Agency’s (FEMA’s) “How a Disaster Gets Declared” web page, available at https://www.fema.gov/Management Agency’s (FEMA’s) “How a Disaster Gets Declared” web page, available at https://www.fema.gov/
disasters/how-declared, provides additional information on the declaration process and the types of assistance that may disasters/how-declared, provides additional information on the declaration process and the types of assistance that may
be authorized pursuant to a presidential declaration of emergency or major disaster (hereinafter FEMA, “How a be authorized pursuant to a presidential declaration of emergency or major disaster (hereinafter FEMA, “How a
Disaster Gets Declared”). The Individual Assistance (IA) program is the focus of this report. For information on Disaster Gets Declared”). The Individual Assistance (IA) program is the focus of this report. For information on
FEMA’s other disaster assistance programs, including the Public Assistance (PA) program, which may provide grants FEMA’s other disaster assistance programs, including the Public Assistance (PA) program, which may provide grants
to sub-federal governments and certain private nonprofit organizations for emergency work following an emergency or to sub-federal governments and certain private nonprofit organizations for emergency work following an emergency or
major disaster declaration, and permanent work following a major disaster declaration, see CRS In Focus IF11529, major disaster declaration, and permanent work following a major disaster declaration, see CRS In Focus IF11529,
A
Brief Overview of FEMA’s Public Assistance Program, by Erica A. Lee, and CRS Report R46749, , by Erica A. Lee, and CRS Report R46749,
FEMA’s Public
Assistance Program: A Primer and Considerations for Congress, by Erica A. Lee. For additional information on , by Erica A. Lee. For additional information on
FEMA’s Hazard Mitigation Assistance (HMA) funds for mitigation and resiliency projects and programs to reduce the FEMA’s Hazard Mitigation Assistance (HMA) funds for mitigation and resiliency projects and programs to reduce the
threat or impacts of future disasters, see CRS Insight IN11187, threat or impacts of future disasters, see CRS Insight IN11187,
Federal Emergency Management Agency (FEMA)
Hazard Mitigation Assistance, by Diane P. Horn. , by Diane P. Horn.
2 Stafford Act Section 416, 42 U.S.C. §5183.
2 Stafford Act Section 416, 42 U.S.C. §5183.
3 Stafford Act Section 426, 42 U.S.C. §5189d. 3 Stafford Act Section 426, 42 U.S.C. §5189d.
4 Stafford Act Section 415, 42 U.S.C. §5182. 4 Stafford Act Section 415, 42 U.S.C. §5182.
5 Stafford Act Section 410, 42 U.S.C. §5177. 5 Stafford Act Section 410, 42 U.S.C. §5177.
6 Stafford Act Section 408, 42 U.S.C. §5174. 6 Stafford Act Section 408, 42 U.S.C. §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 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 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. Counseling to be authorized pursuant to an emergency declaration.
8 FEMA publishes monthly reports with information on the Disaster Relief Fund (DRF) and available funding. See
8 FEMA publishes monthly reports with information on the Disaster Relief Fund (DRF) and available funding. See
FEMA, “Disaster Relief Fund: Monthly Reports,” https://www.fema.gov/about/reports-and-data/disaster-relief-fund-FEMA, “Disaster Relief Fund: Monthly Reports,” https://www.fema.gov/about/reports-and-data/disaster-relief-fund-
monthly-reports. For more information on the DRF and its history, see CRS Report R45484, monthly-reports. For more information on the DRF and its history, see CRS Report R45484,
The Disaster Relief Fund:
Overview and Issues, by William L. Painter. , by William L. Painter.
9 Stafford Act Section 403(b), 42 U.S.C. §5170b(b). For additional information on the federal cost share for disaster
9 Stafford Act Section 403(b), 42 U.S.C. §5170b(b). For additional information on the federal cost share for disaster
assistance, see CRS Report R47646, Stafford Act Cost Shares: History, Trends, Analysis, by Erica A. Lee.
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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).10 FEMA has released additional program guidance, including via prior to this date).10 FEMA has released additional program guidance, including via
a September 2, 2021, memorandum, which also is used with the memorandum, which also is used with the
IAPPG.11 .11
Additionally, FEMA has issued policy and program updates through various releases and fact sheets, and an interim final rule changing its IHP regulations.12
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).
1213 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..
1314
Individual Assistance Programs
Various types of FEMA IA may be provided to disaster survivors.Various types of FEMA IA may be provided to disaster survivors.
1415 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 Program15
FEMA provides16 The Crisis Counseling Assistance and Training Program (CCP) 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
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 atsupplements efforts to assist disaster survivors and communities recovering from the effects of an emergency or major disaster
10 FEMA’s Individual Assistance Program and Policy Guide (IAPPG), v. 1.1, FP 104-009-03, May 2021, available at https://www.fema.gov/sites/default/files/documents/fema_iappg-1.1.pdf (hereinafter FEMA, IAPPG), and related guidance can be found at FEMA, “Individual Assistance Resource Library,” https://www.fema.gov/assistance/ https://www.fema.gov/assistance/
individual/library.
11 Memorandum from Keith Turi, FEMA Assistant Administrator, Recovery Directorate to FEMA Regional Administrators, “RE: Amendment to FP 104-009-03, Individual Assistance Program and Policy Guide, Version 1.1,” September 2, 2021, pp. 9-10, https://www.fema.gov/sites/default/files/documents/fema_iappg-policy-amendments-memo.pdf (hereinafter Memorandum from Keith Turi RE: Amendment to the IAPPG).
12 Department of Homeland Security (DHS)/FEMA, “Individual Assistance Program Equity,” 89 Federal Register 3990-4125, January 22, 2024.
13 44 C.F.R. §206.48(b). 14individual/policy-guidance-and-fact-sheets/archived-program-policy-guide.
11 FEMA’s Individual Assistance Program and Policy Guide (IAPPG), v. 1.1, FP 104-009-03, May 2021, available at https://www.fema.gov/sites/default/files/documents/fema_iappg-1.1.pdf (hereinafter FEMA, IAPPG), and related guidance can be found at FEMA, “Policy, Guidance and Fact Sheets,” https://www.fema.gov/assistance/individual/policy-guidance-and-fact-sheets.
12 44 C.F.R. §206.48(b). 13 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
Sandy Recovery Improvement Act of 2013 (SRIA, Division B of P.L. 113-2) authorized tribal chief executives to Sandy Recovery Improvement Act of 2013 (SRIA, Division B of P.L. 113-2) authorized tribal chief executives to
request presidential Stafford Act declarations. request presidential Stafford Act declarations.
1415 For a brief reference on FEMA’s IA programs, see CRS In Focus IF11298, For a brief reference on FEMA’s IA programs, see CRS In Focus IF11298,
A Brief Overview of FEMA’s Individual
Assistance Program, by Elizabeth M. Webster; see also CRS Infographic IG10024, , by Elizabeth M. Webster; see also CRS Infographic IG10024,
How FEMA Individual Assistance
Works, by Elizabeth M. Webster. For additional information on FEMA’s IA programs, as well as other federal , by Elizabeth M. Webster. For additional information on FEMA’s IA programs, as well as other federal
assistance for disaster response and recovery, see CRS Report RL31734, assistance for disaster response and recovery, see CRS Report RL31734,
Federal Disaster Assistance Response and
Recovery Programs: Brief Summaries, ,
by Maria Kreiser, Maura Mullins, and Jared C. Nagel.
15coordinated by Maura Mullins.
16 42 U.S.C. §5183; 44 C.F.R. §206.171; see also FEMA, 42 U.S.C. §5183; 44 C.F.R. §206.171; see also FEMA,
IAPPG, pp. 203-233; Substance Abuse and Mental Health , pp. 203-233; Substance Abuse and Mental Health
Services Administration (SAMHSA), “Crisis Counseling Assistance and Training Program (CCP),” Services Administration (SAMHSA), “Crisis Counseling Assistance and Training Program (CCP),”
https://www.samhsa.gov/dtac/ccp; SAMHSA, “Crisis Counseling Assistance and Training Program (CCP) Toolkit,” https://www.samhsa.gov/dtac/ccp; SAMHSA, “Crisis Counseling Assistance and Training Program (CCP) Toolkit,”
https://www.samhsa.gov/dtac/ccp-toolkit; and FEMA, Crisis Counseling Assistance and Training Program Guidance:
CCP Application Toolkit, Version 5.2, October 2021, https://www.samhsa.gov/sites/default/files/dtac/ccptoolkit/fema-ccp-guidance.pdf.
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FEMA Individual Assistance Programs: An Overview
health service providers for CCP services.16 The CCP supplements efforts to assist(continued...)
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FEMA Individual Assistance Programs: An Overview
through community-based outreach and the provision of services, such as crisis counseling, psycho-education, coping skills development, and linking disaster disaster
survivors and communities recovering from the effects of an emergency or major disaster through community-based outreach and the provision of services, such as crisis counseling, psycho-education, coping skills development, and linking disaster survivors with other resources, such as individuals and agencies that help survivors in the recovery process.17survivors with other resources, such as individuals and agencies that help survivors in the recovery process.17
Following a presidential emergency or major disaster declaration, FEMA may provide CCP grant funding to enable local, state, territory, and tribal government mental health agencies to provide CCP services or contract with local or private mental health service providers to offer CCP services.18 CCP also funds training for individuals providing such counseling services.19 In order for CCP to be made available, the state, territory, or tribe must conduct a needs assessment within 10 days of the declaration authorizing IA, and submit a federal award application (which FEMA, in coordination with the Substance Abuse and Mental Health Services Administration, must approve).20 As the program As the program
supplements state, territory, tribal, and local resources, the affected government’s CCP supplements state, territory, tribal, and local resources, the affected government’s CCP
application must demonstrate that the need for CCP services exceeds the capacity of state, application must demonstrate that the need for CCP services exceeds the capacity of state,
territory, tribal, and local resources.territory, tribal, and local resources.
1821
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:
1922
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
following the approval of IA for a major disaster, and can continue for
6030 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.
23
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.such an extension of the period of performance is in the public interest.
24 ISP ISP
participation is not a prerequisite for the RSP.participation is not a prerequisite for the RSP.
25
The CCP regulations and guidance specify the application deadlines (
The CCP regulations and guidance specify the application deadlines (
i.e., no later than 14 days 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),for the RSP),
26 and timing for the availability of the above-referenced program funding; however, and timing for the availability of the above-referenced program funding; however,
as noted, funding time extensions may be approved if requested by the state, territory, or tribe and 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.
20
Disaster Case Management21
FEMA provides Disaster Case Management (DCM) services or grants to local, state, territory, and tribal governments or qualified private organizations to supplement existing case management capabilities.22 FEMA may authorize DCM at the request of the governor of the affected state/territory, or chief executive of the affected tribe.23
16 FEMA, IAPPG, p. 203. 17 FEMA, IAPPG, p. 8. Figure 40 in FEMA’s IAPPG lists and describes the available Crisis Counseling Assistance and Training Program (CCP)-funded services (see FEMA, IAPPG, p. 206).
18
https://www.samhsa.gov/dtac/ccp-toolkit; and FEMA, Crisis Counseling Assistance and Training Program Guidance: CCP Application Toolkit, Version 5.3, April 2023, https://www.samhsa.gov/sites/default/files/dtac/ccptoolkit/fema-ccp-guidance.pdf (hereinafter FEMA, CCP Application Toolkit).
17 FEMA, IAPPG, p. 8. Figure 40 in FEMA’s IAPPG lists and describes the available Crisis Counseling Assistance and Training Program (CCP)-funded services (see FEMA, IAPPG, p. 206).
18 42 U.S.C. §5183(a); FEMA, IAPPG, p. 203; FEMA, CCP Application Toolkit, p. 1. 19 42 U.S.C. §5183(b). 20 FEMA, IAPPG, pp. 207, 214, and 222; FEMA, CCP Application Toolkit, pp. 2-3. 21 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).).
19
22 The CCP Immediate Services Program (ISP) is described 44 C.F.R. §206.171(f) and FEMA, The CCP Immediate Services Program (ISP) is described 44 C.F.R. §206.171(f) and FEMA,
IAPPG, pp. 209-217. , pp. 209-217.
The CCP Regular Services Program (RSP) is described 44 C.F.R. §206.171(g) and FEMA, The CCP Regular Services Program (RSP) is described 44 C.F.R. §206.171(g) and FEMA,
IAPPG, pp. 218-225. , pp. 218-225.
2023 44 C.F.R. §206.171(f)( 44 C.F.R. §206.171(f)(
14)(i) and (ii); FEMA, CCP Application Toolkit, p. 2. 24 44 C.F.R. §206.171(g)(4)(i); FEMA, CCP Application Toolkit, p. 3. 25 FEMA, IAPPG, p. 208. 26 44 C.F.R. §206.171(f)(1) and (g)(1).
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Disaster Case Management27 The Disaster Case Management (DCM) 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.28
Following a presidential major disaster declaration, FEMA may provide DCM grant funding to local, state, territory, and tribal governments or qualified private organizations to supplement existing case management capabilities by funding the provision of services, or allowing local, state, territory, and tribal governments to contract with local providers to provide disaster case management.29 FEMA may also directly implement and administer Immediate Disaster Case Management (IDCM).30 In order for DCM to be made available, the nonfederal entity must conduct a needs assessment, and submit a federal award application within 90 days of the major disaster declaration Authorizing IA (which FEMA must approve).31 As the program supplements state, territory, tribal, and local resources, the nonfederal entity’s DCM application must demonstrate that the need for DCM services exceeds the capacity of state, territory, tribal, and local resources.32
) and (g)(1). 21 42 U.S.C. §5189d; see also FEMA, IAPPG, pp. 183-202; and FEMA, “Disaster Case Management Toolbox,” https://www.fema.gov/assistance/individual/disaster-survivors/disaster-case-management-toolbox.
22 DCM defines a qualified private organization as “any non-governmental organization or entity that currently has an effective ruling letter from the U.S. Internal Revenue Service, granting tax exemption under Sections 501(c) of Internal Revenue Code of 1954, or satisfactory evidence from the state, territorial, or tribal government that the nonrevenue producing organization or entity is a nonprofit one organized or doing business under state, territorial, or tribal government law and that has experience providing case management services” (FEMA, IAPPG, p. 183).
23 FEMA, Disaster Operations Legal Reference, p. 6-96.
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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.24 Two DCM programs Two DCM programs
provide assistance for different lengths of time:provide assistance for different lengths of time:
2533
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. resources.
It is focused on the early steps, such as outreach, and development of an individual recovery plan.34 The period of performance may be 90-180 days (when cases are The period of performance may be 90-180 days (when cases are
transferred to the Disaster Case Management programtransferred to the Disaster Case Management program
or local providers), unless an extension is ), 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 be extended for 90 days pursuant to a written request by the
affected state, territory, or tribe that is approved by FEMA. IDCM implementation nonfederal entity, with FEMA’s approval. IDCM implementation is not a prerequisite for the DCM program. IDCM is not a is not a
prerequisite for prerequisite for
the DCM program.DCM.35
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 governmentthe affected state, territory, or tribal government
.26 The DCM program, however, is implemented through a grant or cooperative agreement (when substantial FEMA involvement is anticipated).27
Disaster Legal Services28
Disaster Legal Services (DLS) are provided for free to low-income individuals who require them because of a major disaster.29 DLS includes providing disaster survivors with, which can be done, including through a mission
27 42 U.S.C. §5189d; see also FEMA, IAPPG, pp. 183-202; and FEMA, “Disaster Case Management Toolbox,” https://www.fema.gov/assistance/individual/disaster-survivors/disaster-case-management-toolbox.
28 FEMA, IAPPG, p. 183. 29 DCM defines a qualified private organization as “any non-governmental organization or entity that currently has an effective ruling letter from the U.S. Internal Revenue Service, granting tax exemption under Sections 501(c) of Internal Revenue Code of 1954, or satisfactory evidence from the state, territorial, or tribal government that the nonrevenue producing organization or entity is a nonprofit one organized or doing business under state, territorial, or tribal government law and that has experience providing case management services” (FEMA, IAPPG, p. 183).
30 FEMA, IAPPG, p. 186. 31 FEMA, IAPPG, pp. 191-192; FEMA, Disaster Operations Legal Reference, p. 6-96. The nonfederal entity may request an extension of the deadline to submit the Disaster Case Management award application within 60 days of the major disaster declaration.
32 FEMA, IAPPG, p. 188. 33 The Immediate Disaster Case Management (IDCM) program is discussed in FEMA’s IAPPG from pages 186-187, and the Disaster Case Management (DCM) program is discussed from pages 188-202.
34 FEMA, IAPPG, p. 186. 35 FEMA, IAPPG, p. 186.
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assignment to federal agencies for case management, an interagency agreement with national-level case management partners, a FEMA contract, or direct hiring of case managers.36 FEMA provides funding for the DCM program, which is implemented through a grant or cooperative agreement (the cooperative agreement may be used when substantial FEMA involvement is anticipated).37
Disaster Legal Services38 Through the Disaster Legal Services (DLS) program, attorneys provide legal advice, legal advice,
counseling, and representation in non-fee-generating casescounseling, and representation in non-fee-generating cases
.30 Further, the provision of services is “confined to the securing of benefits under the [Stafford] Act and, for free to low-income individuals who require them in order to secure Stafford Act benefits or make claims arising out of a major claims arising out of a major
disaster.disaster.
”3139 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.
3240
Following a presidential major disaster declaration, 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.
33 Assistance can be provided41 Disaster survivors can access such assistance via a local toll-free hotline and through Disaster via a local toll-free hotline and through Disaster
Recovery Centers.Recovery Centers.
34 42 Disaster Legal Services are provided until they are no longer needed.Disaster Legal Services are provided until they are no longer needed.
35
24 FEMA, IAPPG, p. 183. 25 The Immediate Disaster Case Management (IDCM) program is discussed in FEMA’s IAPPG from pages 186-187, and the Disaster Case Management (DCM) program is discussed from pages 188-202.
26 FEMA, IAPPG, p. 186. 27 FEMA, IAPPG, p. 188. 28 42 U.S.C. §5182; 44 C.F.R. §206.164; see also FEMA, IAPPG, pp. 235-237. 2943
Disaster Unemployment Assistance44 The Disaster Unemployment Assistance (DUA) program allows the affected state or territory’s unemployment compensation (UC) agency (or the state UC agency on behalf of a tribe receiving a declaration) to provide temporary DUA benefits for up to 26 weeks following the declaration of a major disaster to individuals who were previously employed or self-employed, were rendered jobless or whose employment was interrupted as a direct result of a presidentially declared major disaster, and who are ineligible for regular unemployment compensation.45 DUA may also provide re-employment assistance.46
Following a presidential major disaster declaration, the affected state, territory, or tribal government may apply for funding for the DUA program.47 The program is overseen by the U.S. Department of Labor, and administered by the affected state or territory’s UC agency. FEMA provides the funding for DUA.
36 FEMA, IAPPG, p. 186. 37 FEMA, IAPPG, p. 185. 38 42 U.S.C. §5182; 44 C.F.R. §206.164; see also FEMA, IAPPG, pp. 235-237. 39 44 C.F.R. §206.164(a) and (e). For the purposes of Disaster Legal Services (DLS), For the purposes of Disaster Legal Services (DLS),
low-income disaster survivors are those “who have insufficient disaster survivors are those “who have insufficient
resources to secure adequate legal services, whether the insufficiency existed prior to or resulted from the major resources to secure adequate legal services, whether the insufficiency existed prior to or resulted from the major
disaster” (FEMA, disaster” (FEMA,
IAPPG, p. 236). , p. 236).
30 44 C.F.R. §206.164(a). 31 44 C.F.R. §206.164(e). 3240 FEMA, FEMA,
IAPPG, pp. 8 and 235. , pp. 8 and 235.
3341 FEMA, FEMA,
IAPPG, p. 8. , p. 8.
3442 FEMA, FEMA,
IAPPG, p. 237. , p. 237.
3543 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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Disaster Unemployment Assistance36
Disaster Unemployment Assistance (DUA) provides temporary benefits for up to 26 weeks following the declaration of a major disaster to individuals who were previously employed or self-employed, were rendered jobless or whose employment was interrupted as a direct result of a presidentially declared major disaster, and who are ineligible for regular unemployment insurance.37 DUA may also provide re-employment assistance.38 The program is overseen by the U.S. Department of Labor, and administered by the affected state or territory’s Unemployment Insurance (UI) agency. FEMA provides the funding for DUA.
Individuals and Households Program3944 42 U.S.C. §5177; 44 C.F.R. §206.141; see also FEMA, IAPPG, pp. 239-243. 45 FEMA, IAPPG, p. 239. For more information on DUA, see CRS Report RS22022, Disaster Unemployment Assistance (DUA), by Julie M. Whittaker.
46 FEMA, IAPPG, p. 239. 47 FEMA, IAPPG, p. 243.
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Individuals and Households Program48
When the Individuals and Households Program (IHP) is authorizedWhen the Individuals and Households Program (IHP) is authorized
pursuant to a presidential emergency or major disaster declaration, FEMA may provide financial , 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 eligible needs assistance or ONA) to eligible
individuals and householdsdisaster survivors who, as a result of a disaster, 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.
4049 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 all losses and it is not intended recovery efforts, but it does not compensate disaster survivors for all losses and it is not intended
to be a substitute for insurance. There are additional limits on IHP assistance, including that some 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 receivefinancial assistance an individual or household may receive
.41 Additionally, for a single emergency or major disaster.50
Disaster survivors must apply for IHP assistance, and IHP applicants must IHP applicants must
meet general eligibility meet general eligibility
requirements,42 andrequirements.51 Additionally, each type of IHP assistance also requires that each type of IHP assistance also requires that
additional eligibility conditions be met, and may require additional documentation. The types of additional eligibility 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.
36 42 U.S.C. §5177; 44 C.F.R. §206.141; see also FEMA, IAPPG, pp. 239-243. 37 FEMA, IAPPG, p. 239. For more information on DUA, see CRS Report RS22022, Disaster Unemployment
Assistance (DUA), by Julie M. Whittaker.
38 FEMA, IAPPG, p. 239. 39
Table 1. Types of Housing Assistance and Other Needs Assistance
Housing Assistance: Financial
Housing Assistance: Direct
ONA
Lodging Expense Reimbursement
Multi-Family Lease and Repair
Serious Needs Assistance
Rental Assistance
Transportable Temporary Housing
Displacement Assistance
Home Repair Assistance
Units
Personal Property Assistance
Home Replacement Assistance
Direct Lease
Transportation Assistance
Permanent Housing Construction
Group Flood Insurance Policy Funeral Assistance Medical and Dental Assistance Childcare Assistance Assistance for Miscellaneous Items Moving and Storage Assistance Clean and Sanitize Assistance
Sources: CRS’s interpretation of “Figure 5: Housing Assistance” and “Figure 28: Other Needs Assistance, Non-SBA-Dependent and SBA-Dependent” of the FEMA Individual Assistance Program and Policy Guide (IAPPG), v. 1.1, FP 104-009-03, May 2021, pp. 44 and 146, https://www.fema.gov/sites/default/files/documents/fema_iappg-1.1.pdf;
48 42 U.S.C. §5174; 44 C.F.R. §§206.110-120; see also FEMA, 42 U.S.C. §5174; 44 C.F.R. §§206.110-120; see also FEMA,
IAPPG, pp. 41-182. For additional, detailed , pp. 41-182. For additional, detailed
information on the Individuals and Households Program (IHP), see CRS Report R47015, information on the Individuals and Households Program (IHP), see CRS Report R47015,
FEMA’s Individuals and
Households Program (IHP)—Implementation and Considerations for Congress, by Elizabeth M. Webster; and for a , by Elizabeth M. Webster; and for a
brief overview of the IHP, see CRS In Focus IF12049, brief overview of the IHP, see CRS In Focus IF12049,
FEMA’s Individuals and Households Program (IHP), by , by
Elizabeth M. Webster. Elizabeth M. Webster.
4049 FEMA, FEMA,
IAPPG, p. 41. , p. 41.
4150 42 U.S.C. §5174(h). Assistance for housing-related needs may not exceed $ 42 U.S.C. §5174(h). Assistance for housing-related needs may not exceed $
41,000 (FY202342,500 (FY2024; adjusted annually), and ; adjusted annually), and
assistance for other needs assistance (ONA) may not exceed $assistance for other needs assistance (ONA) may not exceed $
41,000 (FY202342,500 (FY2024; adjusted annually). Additionally, ONA ; adjusted annually). Additionally, ONA
may be somewhat limited because some ONA-eligible items and amounts available to be awarded are predetermined may be somewhat limited because some ONA-eligible items and amounts available to be awarded are predetermined
by FEMA and the state, territorial, or Indian tribal government. Financial assistance to rent alternate housing 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, “Notice of Maximum Amount of Assistance Under the Individuals and Households Program,” cap. DHS/FEMA, “Notice of Maximum Amount of Assistance Under the Individuals and Households Program,”
8788 Federal Register 64512, October 25, 2022, https://www.govinfo.gov/content/pkg/FR-2022-10-25/pdf/2022-23162.pdf.
4272520, October 20, 2023.
51 FEMA, FEMA,
IAPPG, p. 46. , p. 46.
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Memorandum from Keith Turi, FEMA Assistant Administrator, Recovery Directorate to FEMA Regional Administrators, “RE: Amendment to FP 104-009-03, Individual Assistance Program and Policy Guide, Version 1.1,” September 2, 2021, pp. 11-12, https://www.fema.gov/sites/default/files/documents/fema_iappg-policy-amendments-memo.pdf; DHS/FEMA, “Individual Assistance Program Equity,” 89 Federal Register 3990-4125, January 22, 2024; and FEMA, “Voluntary Organization Information Sharing for Engagement VOISE Partner Call: Reforming Individual Assistance,” January 25, 2023 (see slide on “The Future of FEMA Individual Assistance”). Note: The different types of Housing Assistance may constitute either financial or direct assistance; however, all types of Other Needs Assistance (ONA) are forms of financial assistance. 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
Multi-Family Lease and
Personal Property
Funeral Assistance
Reimbursement
Repair
Assistance
Medical and Dental
Rental Assistance
Transportable Temporary
Transportation Assistance Assistance
Home Repair Assistance
Housing Units
Group Flood Insurance
Childcare Assistance
Home Replacement
Direct Lease
Policy
Assistance for
Assistance
Permanent Housing
Miscellaneous Items
Construction
Moving and Storage Assistance Critical Needs Assistance Clean and Sanitize Assistance
Sources: CRS’s interpretation of “Figure 5: Housing Assistance” and “Figure 28: Other Needs Assistance, Non-SBA-Dependent and SBA-Dependent” of the FEMA, Individual Assistance Program and Policy Guide (IAPPG), v. 1.1, FP 104-009-03, May 2021, pp. 44 and 146, https://www.fema.gov/sites/default/files/documents/fema_iappg-1.1.pdf; and Memorandum from Keith Turi, FEMA Assistant Administrator, Recovery Directorate to FEMA Regional Administrators, “RE: Amendment to FP 104-009-03, Individual Assistance Program and Policy Guide, Version 1.1,” September 2, 2021, pp. 11-12, https://www.fema.gov/sites/default/files/documents/fema_iappg-policy-amendments-memo.pdf. Notes: The different types of Housing Assistance may constitute either financial or direct assistance; however, all types of Other Needs Assistance (ONA) are forms of financial assistance. The term “SBA” refers to the Small Business Administration. a. SBA-Dependent ONA is only available to individuals or households that do not qualify for an SBA disaster
loan or whose SBA disaster loan amount is insufficient. Eligibility for SBA-Dependent ONA is determined by FEMA in col aboration with SBA (see 42 U.S.C. §5174(e); and 44 C.F.R. §206.119).
b. Non-SBA-Dependent ONA may be awarded regardless of the individual or household’s SBA disaster loan
status (see 42 U.S.C. §5174(e); and 44 C.F.R. §206.119).
Housing Assistance
FEMA has many different types of housing assistance that it can employ, depending on the
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). place to live temporarily).
Per FEMA’s regulations and guidance, theThe appropriate type of housing appropriate type of housing
assistance depends on considerations of “cost effectiveness,assistance depends on considerations of “cost effectiveness,
” “convenience to the individuals and convenience to the individuals and
householdshouseholds
,” and and
“the suitability and availability of the types of assistance.”the suitability and availability of the types of assistance.”
4352 Other relevant Other relevant
considerations relate to the individual or household’s “disaster-caused losses, access to life-considerations relate to the individual or household’s “disaster-caused losses, access to life-
sustaining services, cost-effectiveness, and other factors.”sustaining services, cost-effectiveness, and other factors.”
4453 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.
4554 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.
43 44 C.F.R. §206.110(c). 44 FEMA, IAPPG, p. 43. See also 44 C.F.R. §206.117(b). With regard to other factors, for example, some forms of IHP assistance consider access to wrap-around services, which FEMA states in its guidance may include “basic social services, access to transportation, police/fire protection, emergency/health care services, communications, utilities, grocery stores, child care, and educational institutions” (FEMA, IAPPG, p. 117). 45 42 U.S.C. §5174(b) and (c); 44 C.F.R. §206.110(c); and FEMA, IAPPG, pp. 78 and 93. FEMA’s IAPPG defines
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are organized by subcategory.
Financial Housing Assistance
Financial Housing Assistance is grant funding provided by FEMA directly to the eligible Financial Housing Assistance is grant funding provided by FEMA directly to the eligible
individual or household.individual or household.
4655 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 eligible to limit on the maximum amount of financial assistance an individual or household is eligible to
receive.receive.
47
56
• Lodging Expense Reimbursement (LER) providesreimburses eligible individuals eligible individuals
with
funding for for
out-of-pocket short-term lodging costs and taxes when the applicant 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.
48
57
• 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.
4958 There are two types of Rental Assistance:
52 42 U.S.C. §5174(b)(2)(A); 44 C.F.R. §206.110(c). 53 FEMA, IAPPG, p. 43. See also 44 C.F.R. §206.117(b). With regard to other factors, for example, some forms of IHP assistance consider access to wrap-around services, which FEMA states in its guidance may include “basic social services, access to transportation, police/fire protection, emergency/health care services, communications, utilities, grocery stores, child care, and educational institutions” (FEMA, IAPPG, p. 117).
54 42 U.S.C. §5174(b) and (c); 44 C.F.R. §206.110(c); and FEMA, IAPPG, pp. 78 and 93. FEMA’s defines “uninhabitable” as “mean[ing] the dwelling is not safe or sanitary” (44 C.F.R. §206.111). 55 FEMA, IAPPG, p. 43. 56 42 U.S.C. §5174(h)(1) and (4)(A). 57 FEMA, IAPPG, pp. 78-79. 58 FEMA, IAPPG, p. 80. The FEMA IAPPG states that FEMA uses the applicable Fair Market Rent (FMR) rate, which (continued...)
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• Initial Rental Assistance allows FEMA to provide up to two months of
assistance.
• Continued Temporary Housing Assistance allows FEMA to provide
assistance for up to 18 months or until the end of the 18-month period of assistance, whichever comes first (this includes the period of time during which Initial Rental Assistance was provided), plus a security deposit. The period of assistance may be extended at the written request of the affected state, territory, or Indian tribal government.59
• Home Repair Assistance provides funding to eligible homeowners to repair an
owner-occupied primary residence, utilities, and residential infrastructure (e.g., privately owned access routes) to make the disaster survivors’ home “safe, sanitary, or functional.”60 Home Repair Assistance may also provide funding for selected mitigation measures that make the housing more resilient.61
• There are two types of Rental Assistance: Initial Rental Assistance allows FEMA to provide up to two months of
assistance.
Continued Temporary Housing Assistance allows FEMA to provide
assistance for up to 18 months or until the end of the 18-mnoth period of assistance, whichever comes first (this includes the period of time during which Initial Rental Assistance was provided), plus a security deposit. The period of assistance may be extended at the written request of the affected state, territory, or Indian tribal government.50
Home Repair Assistance provides funding to eligible homeowners to repair an
owner-occupied primary residence, utilities, and residential infrastructure (e.g., privately-owned access routes) to make the disaster survivors’ home “safe,
“uninhabitable” as “a dwelling that is not safe, sanitary, or fit to occupy” (FEMA, IAPPG, p. 78). 46 FEMA, IAPPG, p. 43. 47 Assistance for housing-related needs 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 subject to the cap. DHS/FEMA, “Notice of Maximum Amount of Assistance Under the Individuals and Households Program,” 87 Federal Register 64512, October 25, 2022, https://www.govinfo.gov/content/pkg/FR-2022-10-25/pdf/2022-23162.pdf
48 FEMA, IAPPG, pp. 78-79. 49 FEMA, IAPPG, p. 80. The FEMA IAPPG states that FEMA uses the applicable Fair Market Rent (FMR) rate, which is based on the housing unit’s location, number of bedrooms, and the fiscal year of the major disaster declaration (FEMA, IAPPG, p. 109 (see “Fair Market Rent (FMR)” text box)). HUD’s Office of Policy Development and Research (PD&R) posts FMR information at https://www.huduser.gov/portal/datasets/fmr.html.
50 FEMA, IAPPG, p. 80.
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sanitary, or functional.”51 Home Repair Assistance may also provide funding for selected mitigation measures that make the housing more resilient.52
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.
5362
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 individual or household by FEMADirect Housing Assistance is housing provided to the individual or household by FEMA
(or the state, territory, or Indian tribal government).54.63 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 eligible to receive. However, FEMA may only provide Direct Housing Assistance when Rental Assistance (a type of IHP Financial Housing Assistance) is unavailable or is insufficient.55
Multifamily Lease and Repair (MLR) temporarily places eligible individuals in
a FEMA-leased, currently existing, vacant multi-family housing unit (e.g., an apartment in a building that FEMA has leased; FEMA must have exclusive use of the property for temporary housing for a period of not less than 18 months from the declaration date) that FEMA has repaired or improved, if needed (e.g., to
51 FEMA, IAPPG, p. 85. A non-exhaustive list of real property components that are eligible for repair is included in the FEMA IAPPG on page 86. It includes components such as the structural components of a home (e.g., foundation, exterior walls, and roof). Additionally, assistance to repair real property components impacted by disaster-caused mold growth is eligible for Home Repair Assistance (Memorandum from Keith Turi, FEMA Assistant Administrator, Recovery Directorate to FEMA Regional Administrators, “RE: Amendment to FP 104-009-03, Individual Assistance Program and Policy Guide, Version 1.1,” September 2, 2021, pp. 9-10, https://www.fema.gov/sites/default/files/documents/fema_iappg-policy-amendments-memo.pdf (hereinafter Memorandum from Keith Turi RE: Amendment to the IAPPG)).
52 FEMA, “Hazard Mitigation Under the Individuals and Households Program,” release, June 10, 2021, https://www.fema.gov/fact-sheet/hazard-mitigation-under-individuals-and-households-program.
53limit on the maximum amount of financial assistance an
is based on the housing unit’s location, number of bedrooms, and the fiscal year of the major disaster declaration (FEMA, IAPPG, p. 109 (see “Fair Market Rent (FMR)” text box)). HUD’s Office of Policy Development and Research (PD&R) posts FMR information at https://www.huduser.gov/portal/datasets/fmr.html.
59 44 C.F.R. §206.110(e); FEMA, IAPPG, p. 80; FEMA, Disaster Operations Legal Reference, pp. 6—23-24 (it states, “Although Stafford Act Section 408 refers to only an 18-month temporary housing assistance, FEMA’s implementing regulations apply this period of assistance to all of IHP” and “The Assistant Administrator for Recovery may extend this period if he/she determines that due to extraordinary circumstances, an extension would be in the public interest”).
60 FEMA, IAPPG, p. 85. A non-exhaustive list of real property components that are eligible for repair is included in the FEMA IAPPG on page 86. It includes components such as the structural components of a home (e.g., foundation, exterior walls, and roof). Additionally, assistance to repair real property components impacted by disaster-caused mold growth is eligible for Home Repair Assistance (Memorandum from Keith Turi RE: Amendment to the IAPPG, pp. 9-10,).
61 FEMA, “Hazard Mitigation Under the Individuals and Households Program,” release, June 10, 2021, https://www.fema.gov/fact-sheet/hazard-mitigation-under-individuals-and-households-program; FEMA “FEMA to Provide Additional Hazard Mitigation Funds to Help Homeowners Affected by Wildfires,” release HQ-22-089, July 28, 2022, https://www.fema.gov/press-release/20220728/fema-provide-additional-hazard-mitigation-funds-help-homeowners-affected.
62 FEMA, FEMA,
IAPPG, p. 91. FEMA calculates the award amount using the consumer price index data for the types of , p. 91. FEMA calculates the award amount using the consumer price index data for the types of
housing in the area where the damage occurred (the type of pre-disaster home could include a “manufactured home, housing in the area where the damage occurred (the type of pre-disaster home could include a “manufactured home,
travel trailer, houseboat, or residential construction (e.g., single-family home).” travel trailer, houseboat, or residential construction (e.g., single-family home).”
5463 On July 28, 2020, FEMA announced the publication of the On July 28, 2020, FEMA announced the publication of the
State-Administered Direct Housing Grant Guide, ,
available at https://www.fema.gov/sites/default/files/2020-07/fema_state-administered-direct-housing-grant-available at https://www.fema.gov/sites/default/files/2020-07/fema_state-administered-direct-housing-grant-
guide_DRRA1211_July2020.pdf, which made state, local, tribal and territory governments eligible to receive grants to guide_DRRA1211_July2020.pdf, which made state, local, tribal and territory governments eligible to receive grants to
provide Direct Housing Assistance for a limited period of time; this pilot grant program concluded on October 5, 2020. provide Direct Housing Assistance for a limited period of time; this pilot grant program concluded on October 5, 2020.
The The
State-Administered Direct Housing Grant Guide states that FEMA will implement a permanent grant program states that FEMA will implement a permanent grant program
after issuing final regulations. As of December 2021, FEMA has not yet begun the rulemaking process (email correspondence from FEMA Congressional Affairs staff, December 6, 2021).
55(continued...)
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individual or household is eligible to receive. However, FEMA may only provide Direct Housing Direct Housing
Assistance when Rental Assistance (a type of IHP Financial Housing Assistance) is unavailable or is insufficient.64
• Multifamily Lease and Repair (MLR) temporarily places eligible individuals in
a FEMA-leased, currently existing, vacant multi-family housing unit (e.g., an apartment in a building that FEMA has leased; FEMA must have exclusive use of the property for temporary housing for a period of not less than 18 months from the declaration date) that FEMA has repaired or improved, if needed (e.g., to make a unit accessible).65Assistance must be requested in writing by the affected state, territory, or tribal government, and is only available when: (1) Rental Assistance cannot be used due to insufficient available housing resources; (2) increasing the Rental Assistance rate to 125% of the HUD Fair Market Rent (FMR) will not be sufficient to meet the housing needs; and (3) assistance from other providers (e.g., government and voluntary organizations) is insufficient to meet the housing needs. FEMA, IAPPG, p. 94.
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make a unit accessible).56 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.
57
66
• Transportable Temporary Housing Units (TTHUs) temporarily places eligible temporarily places eligible
individuals in FEMA-purchased or leased temporary housing units (i.e.,
individuals 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)).
5867 TTHU TTHU
sites must meet specific requirements that include (1) providing access to sites must meet specific requirements that include (1) providing access to
available and functional utilities;available and functional utilities;
5968 (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.
6069 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.”
61
Direct Lease temporarily places eligible individuals in leased residential
properties that are not typically available to the general public (e.g., a vacation rental).62
Permanent Housing Construction (PHC) is a last resort that is used to provide
financial or direct assistance for permanent or semi-permanent housing, and can include repairs or new home construction.63 PHC is only available “in insular areas outside the continental U.S.” or “in other locations where no alternative housing resources are available and other types of Temporary Housing Assistance are unavailable, infeasible or not cost-effective.”64
5670 Sites can include private sites (i.e., a site provided by the applicant—typically the applicant’s property), commercial sites (i.e., existing manufactured home parks), or group sites (i.e., a site provided by the local, state, territory, or tribal government, such as a public park—this option is only considered when the temporary housing need cannot be met by the other direct temporary housing options).71
after issuing final regulations. As of December 2021, FEMA has not yet begun the rulemaking process (email correspondence from FEMA Congressional Affairs staff, December 6, 2021).
64 Direct Housing Assistance must be requested in writing by the affected state, territory, or tribal government, and is only available when: (1) Rental Assistance cannot be used due to insufficient available housing resources; (2) increasing the Rental Assistance rate to 125% of the HUD Fair Market Rent (FMR) will not be sufficient to meet the housing needs; and (3) assistance from other providers (e.g., government and voluntary organizations) is insufficient to meet the housing needs. FEMA, IAPPG, p. 94.
65 FEMA, FEMA,
IAPPG, p. 107., p. 107.
Following Hurricane Sandy, Section 1103 of the Sandy Recovery Improvement Act of 2013 Following Hurricane Sandy, Section 1103 of the Sandy Recovery Improvement Act of 2013
(Division B of P.L. 113-2) formalized FEMA’s Multi-Family Lease and Repair (MLR) program. (Division B of P.L. 113-2) formalized FEMA’s Multi-Family Lease and Repair (MLR) program.
5766 FEMA, FEMA,
IAPPG, p. 107. , p. 107.
5867 The types of Transportable Temporary Housing Units (TTHUs) include Recreational Vehicles (RVs) or The types of Transportable Temporary Housing Units (TTHUs) include Recreational Vehicles (RVs) or
Manufactured Housing Units (MHUs). MHUs are built to meet the construction and safety standards set forth by HUD Manufactured Housing Units (MHUs). MHUs are built to meet the construction and safety standards set forth by HUD
at 24 C.F.R. Part 3280. A manufactured home is defined in 24 C.F.R. §3280.2 as “... a structure, transportable in one or at 24 C.F.R. Part 3280. A manufactured home is defined in 24 C.F.R. §3280.2 as “... a structure, transportable in one or
more sections ... and which is built on a permanent chassis and designed to be used as a dwelling with or without a more sections ... and which is built on a permanent chassis and designed to be used as a dwelling with or without a
permanent foundation when connected to the required utilities.... ” The permanent foundation when connected to the required utilities.... ” The
IAPPG provides additional information on the provides additional information on the
certification standards that FEMA-provided RVs and MHUs must meet (FEMA, certification standards that FEMA-provided RVs 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).
5968 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.
6069 FEMA, FEMA,
IAPPG, p. 112. , p. 112.
6170 FEMA, FEMA,
IAPPG, p. 112. , p. 112.
62 FEMA, IAPPG, pp. 124-125. FEMA developed its Direct Lease program in 2017, and it has been implemented since 2018 as a form of Direct Temporary Housing Assistance (email correspondence from FEMA Congressional Affairs staff, March 9, 2019). The ability to use stand-alone residential sites that are not typically available to the public distinguishes Direct Lease from MLR (e.g., FEMA may lease a vacation property when apartments are unavailable).
63 FEMA, IAPPG, p. 127. 64 FEMA, IAPPG, p. 127. According to the IAPPG, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and the U.S. Virgin Islands are insular areas, and the Alaskan interior is an example of a remote area (FEMA, IAPPG, p. 76). Unavailable means temporary housing options are unavailable for a reasonable cost or in a reasonable amount of time. Infeasible means there are no available rental housing resources, or forms of Direct Temporary Housing Assistance cannot be used because of various challenges (e.g., distance, time delays), which FEMA cannot overcome with reasonable means. Not cost-effective means the provision of other forms of Direct Temporary Housing Assistance would cost more than providing PHC.
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71 FEMA, IAPPG, pp. 113-115.
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• Direct Lease temporarily places eligible individuals in FEMA-leased residential
properties that are not typically available to the general public (e.g., a vacation rental).72
• Permanent Housing Construction (PHC) is a last resort that is used to provide
financial or direct assistance for permanent or semi-permanent housing, and can include repairs or new home construction.73 PHC is only available “in insular areas outside the continental U.S.” or “in other locations where no alternative housing resources are available and other types of Temporary Housing Assistance are unavailable, infeasible or not cost-effective.”74
Other Needs Assistance
Other Needs Assistance (ONA) provides eligible individuals with a grant of financial assistance
Other Needs Assistance (ONA) provides eligible individuals with a grant of financial assistance
for their other disaster-related necessary expenses and serious needsfor 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 Small Business Administration).65.75 There are several limitations on the amount of ONA an There are several limitations on the amount of ONA an
individual or household is eligible to receive. Applicants may receive up to the maximum amount individual or household is eligible to receive. Applicants may receive up to the maximum amount
of financial assistance for ONA.of financial assistance for ONA.
6676 Additionally, available ONA assistance may be further limited Additionally, available 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.
6777 The following sections provide The following sections provide
an overview of each type of ONA, an overview of each type of ONA,
and are organized by subcategory.
• Serious Needs Assistance is a new form of ONA that provides $750 to eligible
applicants who report they are displaced from their pre-disaster primary residence, sheltering in their pre-disaster residence but need to shelter elsewhere, or have a serious need, so they can address their immediate post-disaster needs
72 FEMA, IAPPG, pp. 124-125. FEMA developed its Direct Lease program in 2017, and it has been implemented since 2018 as a form of Direct Temporary Housing Assistance (email correspondence from FEMA Congressional Affairs staff, March 9, 2019). The ability to use stand-alone residential sites that are not typically available to the public distinguishes Direct Lease from MLR (e.g., FEMA may lease a vacation property when apartments are unavailable).
73 FEMA, IAPPG, p. 127. 74 FEMA, IAPPG, p. 127. According to the IAPPG, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and the U.S. Virgin Islands are insular areas, and the Alaskan interior is an example of a remote area (FEMA, IAPPG, p. 76). Unavailable means temporary housing options are unavailable for a reasonable cost or in a reasonable amount of time. Infeasible means there are no available rental housing resources, or forms of Direct Temporary Housing Assistance cannot be used because of various challenges (e.g., distance, time delays), which FEMA cannot overcome with reasonable means. Not cost-effective means the provision of other forms of Direct Temporary Housing Assistance would cost more than providing Permanent Housing Construction (PHC).
75and are organized by subcategory.
SBA-Dependent ONA
FEMA and the Small Business Administration (SBA) collaborate to determine an applicant’s eligibility for some forms of ONA.68 This is because IHP assistance for Personal Property 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 disaster loan. To avoid the statutory prohibition on duplicative assistance,69 FEMA refers IHP applicants who meet the SBA’s minimum income test to first apply for a low-interest SBA disaster loan before they are eligible to receive SBA-Dependent ONA through the IHP.70 If the applicant does not qualify for an SBA disaster loan or their SBA disaster loan amount is
65 FEMA defines a FEMA defines a
necessary expense as “the cost associated with acquiring an item, obtaining a service, or paying for as “the cost associated with acquiring 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).
66 Financial assistance for ONA may not exceed $41,000 (FY2023; adjusted annually). DHS/FEMA, “Notice of Maximum Amount of Assistance Under the Individuals and Households Program,” 87 Federal Register 64512, October 25, 2022, https://www.govinfo.gov/content/pkg/FR-2022-10-25/pdf/2022-23162.pdf.
6776 42 U.S.C. §5174(h)(2) and (4)(B).. 77 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 awarded for some categories of ONA, including Transportation Assistance for repair or replacement, that may be awarded for some categories of ONA, including Transportation Assistance for repair or replacement,
Funeral Assistance, and Child Care Assistance. Personal Property and Miscellaneous Items may also be requested, and Funeral Assistance, and Child Care Assistance. Personal Property and Miscellaneous Items may also be requested, 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 award amount, and justification and situations for use. This is submitted to FEMA annually via the “ONA maximum award amount, and justification and situations for use. This is submitted to FEMA annually via the “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 changed “during any non-disaster period or within three days of a major disaster declaration” Selection Form” may be changed “during any non-disaster period or within three days of a major disaster declaration”
(FEMA, (FEMA,
IAPPG, p. 149). , p. 149).
68 Small Business Administration (SBA), “Computer Matching Agreement Between U.S. Small Business Administration and U.S. Department of Homeland Security, Federal Emergency Management Agency,” 84 Federal
Register 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, IAPPG, p. 145. Per the Computer Matching Agreement, “The Computer Matching program seeks to ensure that applicants for SBA Disaster Loans and DHS/FEMA Individuals and Households Program (IHP) ... are eligible 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 DHS/FEMA and SBA disaster assistance.... ”
69 42 U.S.C. §5155. 70 The other forms of ONA may be awarded regardless of the individual’s or household’s SBA disaster loan status and 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 back to FEMA for consideration for IHP assistance—specifically for SBA-Dependent ONA.71
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for items such as “water, food, first aid, infant formula, diapers, personal hygiene items, and fuel for or the cost of transportation.”78
• Displacement Assistance is a new form of ONA that provides up-front financial
assistance to eligible applicants when their pre-disaster primary residence is uninhabitable or inaccessible, so they can immediately obtain short-term accommodations while they work to secure temporary housing (such as FEMA Rental Assistance).79
• Personal Property Assistance provides funding to eligible individuals to repair provides funding to eligible individuals to repair
or replace eligible personal property items damaged or destroyed as a result of a
or replace eligible personal property items damaged or destroyed as a result of a
declared emergency or major disaster.declared emergency or major disaster.
7280 Assistance may be provided for ONA- Assistance may be provided for ONA-
eligible personal property items set by the affected state/territory/tribe in its eligible personal property items set by the affected state/territory/tribe in its
“ONA Administrative Option Selection Form.”“ONA Administrative Option Selection Form.”
73
81
• Transportation Assistance provides funding to eligible individuals to repair or provides funding to eligible individuals 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.”
74
82
• 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.
7583 The premium for a three-year certificate of The premium for a three-year certificate of
coverage costs $2,400,coverage costs $2,400,
7684 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.
7785 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.
78
Non-SBA-Dependent ONA
The forms of Non-SBA-Dependent ONA may be awarded regardless of the individual or household’s SBA disaster loan status.79
86
• 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
71 For additional detailed information on the process for authorizing a disaster survivor’s request for SBA-Dependent ONA, see the “SBA-Dependent ONA” section of CRS Report R47015, FEMA’s Individuals and Households Program
(IHP)—Implementation and Considerations for Congress, by Elizabeth M. Webster.
72 FEMA, IAPPG, pp. 166-169
78 DHS/FEMA, “Individual Assistance Program Equity,” 89 Federal Register 4012, 4023-4024, and 4123, January 22, 2024.
79 DHS/FEMA, “Individual Assistance Program Equity,” 89 Federal Register 4024 and 4123, January 22, 2024. 80 FEMA, IAPPG, pp. 166-169; DHS/FEMA, “Individual Assistance Program Equity,” 89 Federal Register 4010, January 22, 2024. Eligible Personal Property items include standard household appliances (and selected . Eligible Personal Property items include standard household appliances (and selected
accessibility items); essential clothing; standard furnishings; and essential, specialized tools and equipment required by accessibility items); essential clothing; standard furnishings; and essential, specialized tools and equipment required by
an employer (essential equipment for self-employment is ineligible) or for education.
73an employer or for education, as well as a self-employed individual’s disaster-damaged essential tools and equipment, and required items for their trade/profession.
81 FEMA, FEMA,
IAPPG, p. 149. The affected state, territory, or tribe may identify ONA-eligible personal property and , p. 149. The affected state, territory, or tribe may identify ONA-eligible personal property and
miscellaneous items, and can set a maximum number of items each eligible individual or household may receive. miscellaneous items, and can set a maximum number of items each eligible individual or household may receive.
7482 FEMA, FEMA,
IAPPG, pp. 149, and 170-172. Eligible vehicles include cars, vans, sport utility vehicles (SUVs), and trucks, , pp. 149, and 170-172. Eligible vehicles include cars, vans, sport utility vehicles (SUVs), and trucks,
and may include motorcycles, boats, golf carts, etc. if specified by the affected state, territory, or Indian tribal and may include motorcycles, boats, golf carts, etc. if specified by the affected state, territory, or Indian tribal
government on their “ONA Administrative Option Selection Form.” government on their “ONA Administrative Option Selection Form.”
7583 FEMA, FEMA,
IAPPG, pp. 172-175. , pp. 172-175.
7684 Per 44 C.F.R. §61.17(b), the Group Flood Insurance Policy (GFIP) premium is a “flat fee of $600 per insured” and Per 44 C.F.R. §61.17(b), the Group Flood Insurance Policy (GFIP) premium is a “flat fee of $600 per insured” and
44 C.F.R. §61.17(d) states that the term is for 36 months—or three years; however, the regulation notes that the 44 C.F.R. §61.17(d) states that the term is for 36 months—or three years; however, the regulation notes that the
premium may be adjusted “to reflect NFIP [National Flood Insurance Program] loss experience and any adjustment of premium may be adjusted “to reflect NFIP [National Flood Insurance Program] loss experience and any adjustment of
benefits under the IHP program” (FEMA, benefits under the IHP program” (FEMA,
IAPPG, p. 172). , p. 172).
7785 FEMA, FEMA,
IAPPG, p. 172. , p. 172.
7886 FEMA, FEMA,
IAPPG, p. 174. , p. 174.
79 FEMA, IAPPG, 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.”
80
87
• Medical and Dental Assistance provides funding to assist eligible individuals provides funding to assist eligible individuals
with eligible medical and dental expenses incurred as a direct result of a declared
with eligible medical and dental expenses incurred as a direct result of a declared
emergency or major disaster.emergency or major disaster.
81
88
• Child Care Assistance provides funding to assist eligible individuals with a provides funding to assist eligible individuals 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 eligible expenses or the maximum award amount set by the of childcare and eligible 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.
82
89
• Moving and Storage Assistance provides funding to eligible individuals to provides funding to eligible individuals 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.
83
90
• Miscellaneous Expenses provides funding to reimburse eligible individuals for provides funding to reimburse eligible individuals for
eligible items purchased or rented after a disaster to assist with their recovery.
eligible items purchased or rented after a disaster to assist with their recovery.
8491 Assistance may be provided for ONA-eligible miscellaneous items set by the Assistance may be provided for ONA-eligible miscellaneous 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.”
85
Critical Needs Assistance (sometimes referred to as “Immediate Needs
Assistance”) 92
• Clean and Sanitize Assistance is provided to eligible individuals in the form of is provided to eligible individuals in the form of
a one-time payment limited to $300 to “ensure minimal damage to the home is addressed in order to prevent additional losses and potential health and safety concerns.”93
Mass Care and Emergency Assistance94 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
87a one-time payment that is limited to $500 per eligible household when applicants are displaced from their pre-disaster primary residence or need to shelter elsewhere as a result of a declared emergency or major disaster.86
Clean and Sanitize Assistance (previously “Clean and Removal Assistance”) is
provided to eligible individuals in the form of a one-time payment limited to
80 FEMA, FEMA,
IAPPG, pp. 149-152. Examples of eligible funeral expenses include interment or reinterment, funeral and , pp. 149-152. Examples of eligible funeral expenses include 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.
8188 FEMA, FEMA,
IAPPG, pp. 153-155. Examples of eligible medical and dental expenses include costs associated with a , pp. 153-155. Examples of eligible medical and dental expenses include costs associated with a
disaster-caused illness or injury, replacing prescribed medication or equipment, and insurance deductibles and disaster-caused illness or injury, replacing prescribed medication or equipment, and insurance deductibles and
copayments, as well as loss or injury of a service animal. copayments, as well as loss or injury of a service animal.
8289 FEMA, FEMA,
IAPPG, pp. 155-160. , pp. 155-160.
8390 FEMA, FEMA,
IAPPG, pp. 162-164. Items may be relocated to a temporary housing unit if they will be returned to the , pp. 162-164. Items may be relocated to a temporary housing unit if they will be returned to the
repaired primary residence. Appliances and furniture, but not recreational items, are eligible to move and store. repaired primary residence. Appliances and furniture, but not recreational items, are eligible to move and store.
8491 FEMA, FEMA,
IAPPG, pp. 160-162. Miscellaneous items may assist disaster survivors with gaining access to their property , pp. 160-162. Miscellaneous items may assist disaster survivors with gaining access to their property
or assisting with cleaning efforts. Examples of eligible miscellaneous items may include carbon monoxide and smoke or assisting with cleaning efforts. Examples of eligible miscellaneous items may include carbon monoxide and smoke
detectors, and a dehumidifier or humidifier. Chainsaws and generators may be permitted under limited circumstances if detectors, and a dehumidifier or humidifier. Chainsaws and generators may be permitted under limited circumstances if
certain conditions are met. certain conditions are met.
8592 FEMA, FEMA,
IAPPG, p. 149. The affected state, territory, or tribe may identify ONA-eligible personal property and , p. 149. The affected state, territory, or tribe may identify ONA-eligible personal property and
miscellaneous items, and can set a maximum number of items each eligible individual or household may receive. miscellaneous items, and can set a maximum number of items each eligible individual or household may receive.
86 FEMA, IAPPG, pp. 164-165. FEMA’s IAPPG provides a nonexclusive list of life-saving and life-sustaining items including “water, food, first aid, prescriptions, infant formula, diapers, CMS [consumable medical supplies], DME [durable medical 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 additional losses and potential health and safety concerns.”87
Mass Care and Emergency Assistance88
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 93 Memorandum from Keith Turi RE: Amendment to the IAPPG, pp. 11-12. 94 FEMA, IAPPG, pp. 16-40. The IAPPG chapter on Mass Care and Emergency Assistance (MC/EA) includes an overview of the program, as well as descriptions of assistance, including support related to (1) sheltering; (2) feeding; (3) the distribution of emergency supplies; (4) individuals with disabilities and others with access and functional needs; (continued...)
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survivors prior to, during, and following an incident through short-term recovery.survivors prior to, during, and following an incident through short-term recovery.
8995 Examples of Examples of
MC/EA include emergency feeding and sheltering. Unlike the other forms of assistance discussed MC/EA include emergency feeding and sheltering. Unlike 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.
9096 For this reason, state, territory, and Indian For this reason, state, territory, and Indian
tribal governments do not automatically receive a presidential declaration of emergency or major tribal governments do not automatically receive a presidential declaration of emergency or major
disaster, nor do they automatically receive Individual Assistance (there is no threshold for disaster, nor do they automatically receive Individual Assistance (there is no threshold for
authorizing IA).authorizing IA).
9197 Instead, following an Instead, following an
incident,,
9298 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.
9399 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.
94100 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 will be committed, and an estimate of the amount and taken and resources that have been or will be committed, and an estimate of the amount and
severity of the disaster-caused damages, in addition to other required information.severity of the disaster-caused damages, in addition to other required information.
95101 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
87 Memorandum from Keith Turi RE: Amendment to the IAPPG, pp. 11-12. 88 FEMA, IAPPG, pp. 16-40. The IAPPG chapter on Mass Care and Emergency Assistance (MC/EA) includes an overview of the program, as well as descriptions of assistance, including support related to (1) sheltering; (2) feeding; (3) the distribution of emergency supplies; (4) individuals with disabilities and others with access and functional needs; federal assistance to individuals (i.e., IA).102 This includes information collected through the Preliminary Damage Assessment (PDA) process, which is validated by local, state, territory, Indian tribal government, and federal authorities.103 FEMA then provides a recommendation to the President.104 The decision to grant an emergency or major disaster declaration request is at the President’s sole discretion.105
(5) reunification; (6) pets, service animals, and assistance animals; (7) mass evacuees; (8) Transitional Sheltering (5) reunification; (6) pets, service animals, and assistance animals; (7) mass evacuees; (8) Transitional Sheltering
Assistance (TSA); (9) Operation Blue Roof programs; and (10) the National Mass Care Exercise. Assistance (TSA); (9) Operation Blue Roof programs; and (10) the National Mass Care Exercise.
8995 FEMA, FEMA,
IAPPG, p. 6. , p. 6.
9096 The governor or chief executive’s request must document that the “situation is of such severity and magnitude that The governor or chief executive’s request must document that the “situation is of such severity and magnitude that
effective response is beyond the capabilities of the State and affected local governments” and that supplemental 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). To justify a declaration of emergency, supplemental federal assistance is necessary (44 C.F.R. §§206.35 and 206.36). To justify a declaration of emergency, supplemental federal
assistance must be needed to “save lives and to protect property, public health and safety, or to lessen or avert the threat assistance must be needed to “save lives and to protect property, public health and safety, or to lessen or avert the threat
of a disaster” (44 C.F.R. §206.35). To justify a declaration of major disaster, federal assistance must be needed to of a disaster” (44 C.F.R. §206.35). To justify a declaration of major disaster, federal assistance must be needed to
“supplement the efforts and available resources of the State, local governments, disaster relief organizations, and “supplement the efforts and available resources of the State, local governments, disaster relief organizations, and
compensation by insurance for disaster-related losses” (44 C.F.R. §206.36). compensation by insurance for disaster-related losses” (44 C.F.R. §206.36).
9197 44 C.F.R. §§206.35-206.38, and 206.40(a); and FEMA, “How a Disaster Gets Declared.” 44 C.F.R. §§206.35-206.38, and 206.40(a); and FEMA, “How a Disaster Gets Declared.”
9298 An An
incident is defined as “[a]ny condition which meets the definition of major disaster or emergency as set forth in is defined as “[a]ny condition which meets the definition of major disaster or emergency as set forth in
§206.2 which causes damage or hardship that may result in a Presidential declaration of a major disaster or an §206.2 which causes damage or hardship that may result in a Presidential declaration of a major disaster or an
emergency” (44 C.F.R. §206.32(e)). emergency” (44 C.F.R. §206.32(e)).
9399 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 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
Declared.” It is possible for the President to unilaterally declare an emergency under Stafford Act Section 501(b) when Declared.” It is possible for the President to unilaterally declare an emergency under Stafford Act Section 501(b) when
the federal government has “exclusive or preeminent responsibility and authority.” the federal government has “exclusive or preeminent responsibility and authority.”
94100 44 C.F.R. §§206.35 and 206.36. 44 C.F.R. §§206.35 and 206.36.
95101 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).96 This includes information collected through the Preliminary Damage Assessment (PDA) process, which is validated by local, state, territory, Indian tribal government, and federal authorities.97 FEMA then provides a recommendation to the President.98 The decision to grant an emergency or major disaster declaration request is at the President’s sole discretion.99102 44 C.F.R. §206.48(b); and FEMA, Tribal Declarations Pilot Guidance, pp. 36-38. 103 FEMA, Preliminary Damage Assessment Guide, August 2021, p. 1, https://www.fema.gov/sites/default/files/documents/fema_2021-pda-guide.pdf (hereinafter FEMA, Preliminary Damage Assessment Guide).
104 44 C.F.R. §206.37(c). 105 44 C.F.R. §206.38.
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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).
100106 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.
101107 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.
102108 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 well as the capabilities of the affected jurisdictions.disaster,” as well as the capabilities of the affected jurisdictions.
103109 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 allow chief executives to request an emergency or major disaster declaration Stafford Act to allow chief executives to request an emergency or major disaster declaration
on behalf of the tribe (alternatively, the tribe may receive assistance through the state’s declaration).(alternatively, the tribe may receive assistance through the state’s declaration).
104110 Initially, FEMA Initially, 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 allowed tribal governments to exercise this authority immediately upon declaration, which allowed tribal governments to exercise this authority immediately upon
96 44 C.F.R. §206.48(b); and FEMA,SRIA’s enactment (using the previous IA factors—before they were revised and made effective in June 2019).111 However, FEMA’s release of the Tribal Declarations Pilot Guidance in January 2017 made effective specific factors considered when evaluating a chief executive’s request for a major disaster declaration.112 When the pilot period concludes (no specific time has been set), FEMA has stated that it will develop regulations informed by the
106Pilot Guidance, pp. 36-38. 97 FEMA, Preliminary Damage Assessment Guide, August 2021, p. 1, https://www.fema.gov/sites/default/files/documents/fema_2021-pda-guide.pdf (hereinafter FEMA, Preliminary Damage Assessment Guide).
98 44 C.F.R. §206.37(c). 99 44 C.F.R. §206.38. 100 DHS/FEMA, “Factors Considered When Evaluating a Governor’s Request for Individual Assistance for a Major DHS/FEMA, “Factors Considered When Evaluating a Governor’s Request for Individual 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, “Factors Considered When Evaluating a Request for IA”); 44 C.F.R. pdf/2019-05388.pdf (hereinafter DHS/FEMA, “Factors Considered When Evaluating a Request for IA”); 44 C.F.R.
§206.48(b). §206.48(b).
101107 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.
102108 According to FEMA, the same IA factors would be considered in the event a state or territory requests IHP According to FEMA, the same IA factors would be 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 useful in evaluating the need for IHP assistance. As described by FEMA, “[w]hile FEMA’s regulations in 44 CFR be useful in evaluating the need for IHP assistance. As described by FEMA, “[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
was beyond state and local capabilities as it related to [the] IHP. Likewise, the was beyond state and local capabilities as it related to [the] IHP. Likewise, the
Individual Assistance Declarations
Factors Guidance (June 2019) would be relevant, in particular the discussion of the Principal Factors for evaluating the (June 2019) would be relevant, in particular the discussion of the Principal Factors for evaluating the
need for IHP [italics added].” FEMA also noted that IHP authorization pursuant to an emergency declaration is need for IHP [italics added].” 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 requesting a major disaster declaration, “unless the event was a declaration authorizing IA—IHP to instead consider requesting a major disaster declaration, “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
individuals and households to warrant IHP are likely to have the need for other types of Individual Assistance.... ” individuals 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).
103109 DHS/FEMA, “Factors Considered When Evaluating a Request for IA,” 84 DHS/FEMA, “Factors Considered When Evaluating a Request for IA,” 84
Federal Register 10633; and 44 C.F.R. 10633; and 44 C.F.R.
§206.48(b). §206.48(b).
104110 Section 1110 of SRIA (P.L. 113-2). 111 According to FEMA’s website “Tribal 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 29, 2013, when SRIA was enacted, through January 9, 2017, when FEMA released its Section 1110 of SRIA (P.L. 113-2).
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SRIA’s enactment (using the previous IA factors—before they were revised and made effective in June 2019).105 However, FEMA’s release of the Tribal Declarations Pilot Guidance inon January 10, 2017.
112 FEMA, Tribal Declarations Pilot Guidance.
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pilot.113 January 2017 made effective specific factors considered when evaluating a chief executive’s request for a major disaster declaration.106 When the pilot period concludes (no specific time has been set), FEMA has stated that it will develop regulations informed by the pilot.107 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.
108114
No single factor is determinative; FEMA considers all relevant information submitted by the
No single factor is determinative; FEMA considers all 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.
109115
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, and and 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 Affected States and Territories
Applies to Affected States and Territories
Supporting
Information/
IA Factors
Description
Data Sources
State Fiscal
State Fiscal
FEMA considers the availability of government and private-sector
FEMA considers the availability of government and private-sector
U.S. Department
U.S. Department
Capacity and
Capacity and
resources, and the circumstances that contributed to the state/territory
resources, and the circumstances that contributed to the state/territory
of the Treasury,
of the Treasury,
Resource
Resource
having insufficient resources, potentially necessitating supplemental federal Bureau of
having insufficient resources, potentially necessitating supplemental federal Bureau of
Availabili
Availabili
tya
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 and recovery, by considering its ability to
ability manage disaster response and recovery, by considering its ability to
state/territory
state/territory
raise revenue for disaster response and recovery based on either total
raise revenue for disaster response and recovery based on either total
reported other
reported other
taxable resources (TTR) or gross domestic product (GDP), as well as per
taxable resources (TTR) or gross domestic product (GDP), as well as per
limits on a
limits on a
capita personal income by locality and other factors affecting the
capita personal income by locality and other factors affecting the
state/territory’s
state/territory’s
state/territory’s ability to col ect funds; and (2)
state/territory’s 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. Also considered is the cumulative effect of recent
Stafford Act sources. Also considered is the cumulative effect of recent
and resource
and resource
disasters occurring in the previous 24 months.
disasters occurring in the previous 24 months.
availability
availability
105 According to FEMA’s website “Tribal 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 29, 2013, when SRIA was enacted, through January 9, 2017, when FEMA released its Tribal Declarations Pilot
Guidance on January 10, 2017.
106 FEMA, Tribal Declarations Pilot Guidance. 107
Uninsured
FEMA considers the results of the FEMA-State Preliminary Damage
State/territory
Home and
Assessment (PDA) process to examine the extent of damage and
reported
Personal
estimated cost of IHP assistance (a principal IHP factor). An affected
fol owing the
Property
state/territory may provide data for consideration, including (1) the
Preliminary
Lossesb
damage-causing peril; (2) the percentage of affected applicants with
Damage
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 assistance; (6) the estimated homeownership rate for the affected homes; and (7) other relevant PDA data that may demonstrate a need for supplemental assistance.
113 FEMA, FEMA,
Tribal Declarations Pilot Guidance, p. 3; and FEMA, “Tribal Declarations Pilot Guidance,” , p. 3; and FEMA, “Tribal Declarations Pilot Guidance,”
https://www.fema.gov/disasters/tribal-declarations. https://www.fema.gov/disasters/tribal-declarations.
108114 FEMA, FEMA,
Tribal Declarations Pilot Guidance, p. 34. “Appendix D; Tribal-Specific Considerations” of FEMA’s , p. 34. “Appendix D; Tribal-Specific Considerations” of FEMA’s
Preliminary Damage Assessment Guide includes useful resources and unique considerations for Indian tribal includes useful resources and unique considerations for Indian tribal
governments during the Preliminary Damage Assessment process. governments during the Preliminary Damage Assessment process.
109115 Per FEMA’s regulation at 44 C.F.R. §206.48(b), “State fiscal capacity (44 CFR 206.48(b)(1)(i)) and uninsured Per FEMA’s regulation at 44 C.F.R. §206.48(b), “State fiscal capacity (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 Federal assistance under the Individuals and Households Program but FEMA will evaluating the need for supplemental Federal assistance under the Individuals and Households Program but FEMA will
always consider all relevant information submitted as part of a declaration request. If the need for supplemental Federal always consider all relevant information submitted as part of a declaration request. If the need for supplemental Federal
assistance under the Individuals and Households Program is not clear from the evaluation of the principal factors, assistance under the Individuals and Households Program is not clear from the evaluation of the principal factors,
FEMA will turn to the other factors to determine the level of need.... ”; and FEMA, FEMA will 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
IA Factors
Description
Data Sources
Uninsured
FEMA considers the results of the FEMA-State Preliminary Damage
State/territory
Home and
Assessment (PDA) process to examine the extent of damage and
reported
Personal
estimated cost of IHP assistance (a principal IHP factor). An affected
fol owing the
Property
state/territory may provide data for consideration, including (1) the
Preliminary
Lossesb
damage-causing peril; (2) the percentage of affected applicants with
Damage
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 assistance; (6) the estimated homeownership rate for the affected homes; and (7) other relevant PDA data that may demonstrate a need for supplemental assistance.
Disaster Disaster
FEMA considers the affected community’s demographics as compared
FEMA considers 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 need for supplemental
data), to evaluate whether there is an increased 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 the disaster-caused disruption, damage, or destruction to
FEMA considers 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 to reside in the community and may hinder community
disaster survivors to reside in the community and may hinder community
recovery—specifically, disruption, damage, or destruction for more than recovery—specifically, disruption, damage, or destruction for more than
72 hours to any/all of the fol owing: (1) “Life-Saving and Life-Sustaining 72 hours to any/all of the fol owing: (1) “Life-Saving and Life-Sustaining
Services” that provide an “essential community function that .. wil affect Services” that provide an “essential community function that .. wil affect
public health and safety” (e.g., police, medical facilities); (2) “Essential public health and safety” (e.g., police, medical facilities); (2) “Essential
Community Services” that improve quality of life (e.g., social services); and Community Services” that improve quality of life (e.g., social services); and
(3) “Transportation Infrastructure and Utilities” that, for example, render (3) “Transportation Infrastructure and Utilities” that, for example, render
housing uninhabitable or inaccessible. housing uninhabitable or inaccessible.
Casualties
Casualties
FEMA considers the number of individuals who are missing, injured, or
FEMA considers the number of individuals who are missing, injured, or
State/territory
State/territory
deceased as a result of a disaster, which indicates community trauma.
deceased as a result of a disaster, which indicates community trauma.
reported
reported
Disaster Related FEMA considers the number of individuals who may have lost work or
Disaster Related FEMA considers the number of individuals who may have lost work or
State/territory
State/territory
Unemployment
Unemployment
become unemployed as a result of the disaster and who do not qualify for
become unemployed as a result of the disaster 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
employers in the affected jurisdiction, which could indicate the potential employers in the affected jurisdiction, which could indicate the potential
for a prolonged recovery process. for a prolonged recovery process.
Sources: 44 C.F.R. §206.48(b); FEMA, 44 C.F.R. §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. §206.48(b). FEMA considers all relevant information submitted as part of a declaration request. 44 C.F.R. §206.48(b). FEMA considers all 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 Home and Personal Property Losses is a principal factor for the IHP (44 C.F.R. §206.48(b)(2)). b. Uninsured Home and Personal Property Losses is a principal factor for the IHP (44 C.F.R. §206.48(b)(2)).
Table 3. IA Factors for a Chief Executive’s Major Disaster Declaration Request
Applies to Affected Federally Recognized Tribes
Applies to Affected Federally Recognized Tribes
Supporting
Information/
IA Factors
Description
Data Sources
Uninsured
Uninsured
FEMA evaluates the damage to the primary residences of enrol ed tribal
FEMA evaluates the damage to the primary residences of enrol ed tribal
Tribe reported
Tribe reported
Home and
Home and
members and, if requested and approved,
members and, if requested and approved,
nonenrolnon-enrol ed members of the ed members of the
fol owing the
fol owing the
Personal
Personal
tribal community, by categorizing homes based on damage and assessing
tribal community, by categorizing homes 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
Loss
Loss
esa
Assessment
Assessment
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Supporting
Information/
IA Factors
Description
Data Sources
Availability of Availability of
FEMA considers the availability of accessible temporary housing
FEMA considers the availability of accessible temporary housing
Tribe reported
Tribe reported
Housing
Housing
resources.
resources.
Resources
Resources
Casualties
Casualties
FEMA considers disaster-caused “deaths or injuries [including] of cultural,
FEMA considers disaster-caused “deaths or injuries [including] of cultural,
Tribe reported
Tribe reported
religious, and government leaders.”
religious, and government leaders.”
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Supporting
Information/
IA Factors
Description
Data Sources
Impact to Impact to
FEMA considers the disaster’s impacts that may adversely affect the
FEMA considers the disaster’s impacts that may adversely affect the
Tribe reported
Tribe reported
Community
Community
“population’s ability to safely and securely reside within the community,”
“population’s ability to safely and securely 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; and emergency needs. impacts to cultural and spiritual facilities; and emergency needs.
Disaster
Disaster
FEMA considers the affected community’s demographics, including
FEMA considers the affected community’s demographics, including
U.S. Census
U.S. Census
Impacted
Impacted
populations that may have a greater need for recovery support.
populations that may have a greater need for recovery 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 the extent to which disaster survivors’ needs can be met
FEMA considers the extent to which disaster survivors’ 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 the tribal government’s efforts that have or wil be made
FEMA considers the tribal government’s efforts that have or wil be made
Tribe reported
Tribe reported
Government
Government
and the resources that have or wil be committed.
and the resources that have or wil be committed.
Resources
Resources
Unique
Unique
FEMA considers the tribe’s unique needs and the conditions that are
FEMA considers 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 economy).
locations or the impact on the tribal government’s 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-related impacts to homes and personal property are the principal factors FEMA and the a. The “disaster-related impacts to homes and personal property are the principal factors FEMA and the
President use to determine if the [tribe’s] request [for a presidential major disaster declaration including IA]
President use to determine if the [tribe’s] request [for a presidential major disaster 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
AnalystSpecialist in Emergency Management and Disaster 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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This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
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· VERSION 1214 · UPDATED
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