FEMA and SBA Disaster Assistance for
August 15, 2023March 22, 2024
Individuals and Households: Application
Bruce R. Lindsay
Processes, Determinations, and Appeals
Specialist in American
Specialist in American
National Government National Government
The Small Business Administration’s (SBA’s) Disaster Loan Program and the Federal
The Small Business Administration’s (SBA’s) Disaster Loan Program and the Federal
Emergency Management Agency’s (FEMA’s) Individual Assistance (IA)
Emergency Management Agency’s (FEMA’s) Individual Assistance (IA)
—-Individuals and Individuals and
Elizabeth M. Webster
Households Program (IHP) are the federal government’s primary sources of financial assistance
Households Program (IHP) are the federal government’s primary sources of financial assistance
AnalystSpecialist in Emergency in Emergency
to help
to help
individuals and householdsdisaster survivors recover and rebuild following an incident. In many cases, recover and rebuild following an incident. In many cases,
disaster
Management and Disaster
Management and Disaster
disaster survivors need assistance from both programs in addition to other sources of assistance, survivors need assistance from both programs in addition to other sources of assistance,
including
Recovery
Recovery
including private insurance, state and local government assistance, and assistance from voluntary private insurance, state and local government assistance, and assistance from voluntary
organizations.
organizations.
Although the SBA Disaster Loan Program and FEMA’s IHP are separate programs administered
Although the SBA Disaster Loan Program and FEMA’s IHP are separate programs administered
by different agencies, in many ways they are interconnected. by different agencies, in many ways they are interconnected.
For example, SBA and FEMA share real-time SBA and FEMA share real-time
data on disaster loan and grant approvals to identify potential duplication of benefits while providing individuals and data on disaster loan and grant approvals to identify potential duplication of benefits while providing individuals and
households with federal assistance that can be used in conjunction with other forms of assistance to meet households with federal assistance that can be used in conjunction with other forms of assistance to meet
their recovery needs.recovery needs. The programs are also interconnected in the way they are administered to determine loan and grant eligibility. Eligibility and assistance from one source can affect eligibility and assistance from the other source.
It could be argued that the overlap between the programs provides an effective means to identify duplication of benefits and
It could be argued that the overlap between the programs provides an effective means to identify duplication of benefits and
provide federal assistanceprovide federal assistance
; however, the interconnectedness also causes some confusion. Some to disaster survivors; however, some in Congress are concerned in Congress are concerned
that the application process that the application process
itself results in confusion and results in confusion and
added burden onburdens disaster survivors because there is not a single application for federal disaster assistance—instead, FEMA and SBA have separate applications and application processes. disaster survivors because 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 Other Needs Assistance (ONA) through the IHP, which requires applicants for assistance to submit two separate applications—one to FEMA and one to the SBA. Also, confusion can arise with regard to how decisions are made with respect to whether an applicant should be provided a loan or a grant (or both).
This report provides an overview of these two programs, including discussions about
This report provides an overview of these two programs, including discussions about
• how different types of declarations put the programs into effect;
• how different types of declarations put the programs into effect;
• the application process for both programs; • the application process for both programs;
• the criteria used by the SBA and FEMA to determine eligibility for assistance and the appropriate types of • the criteria used by the SBA and FEMA to determine eligibility for assistance and the appropriate types of
assistance; and
assistance; and
• the FEMA and SBA appeals processes.
• the FEMA and SBA appeals processes.
The report concludes with policy observations and considerations for Congress about the application process
The report concludes with policy observations and considerations for Congress about the application process
, the use of income tests as a screening device for SBA disaster loans and FEMA grants, and the use of computer matching agreements to and the use of computer matching agreements to
prevent a duplication of benefits. Resources are also provided. prevent a duplication of benefits. Resources are also provided.
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Contents
Introduction ..................................................................................................................................... 1
Overview of Programs ..................................................................................................................... 2
SBA Home Disaster Loans ........................................................................................................ 2
Personal Property Loans ..................................................................................................... 2
Real Property Loans ............................................................................................................ 3
FEMA Individual Assistance ..................................................................................................... 3
Individuals and Households Program ................................................................................. 3
Stafford Act and SBA Disaster Declarations, and Designations ..................................................... 87
Stafford Act Declarations .......................................................................................................... 8
SBA Disaster Declarations ........................................................................................................ 9
Applications for Assistance ............................................................................................................. 9
Applying for FEMA Individual Assistance ............................................................................... 9
Applying for SBA Disaster Loans ........................................................................................... 10
Eligibility for SBA Disaster Loans........................................................................................... 11
Eligibility for FEMA IHP Assistance ...................................................................................... 12
Eligibility for SBA-Dependent ONA ................................................................................ 1211
Appealing Eligibility and Assistance Determinations ................................................................... 1412
FEMA Appeals ........................................................................................................................ 1412
SBA Appeals ........................................................................................................................... 1513
Policy Observations and Considerations ....................................................................................... 1513
Disaster Survivor Confusion Due to Separate Application Processes for FEMA IHP
and SBA Disaster Loans ...................................................................................................... 15
Application of the SBA Income Test ....................................................................................... 16
13
Use of the Computer Matching Agreement (CMA) to Prevent a Duplication of
Benefits (DOB) .................................................................................................................... 1713
Figures
Figure 1. Application Deadlines ..................................................................................................... 11
Figure 2. FEMA and SBA Screening Process ............................................................................... 13
Figure 3. Delivery Sequence ......................................................................................................... 18
Figure B-1. SBA Memorandum 85-20 .......................................................................................... 23
Tables
Table 1. Types of Housing Assistance and Other Needs Assistance ............................................... 4
Table 2. Minimum Income Guidelines for the 48 Contiguous States and the District of
Columbia .................................................................................................................................... 14
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Sequence of Delivery to Avoid a Duplication of Benefits ............................................. 15
Tables Table 1. Types of Housing Assistance and Other Needs Assistance ............................................... 4
Appendixes
Appendix A. Relevant Duplication of Benefits Statutory Authorities and Regulations ................ 21
Appendix B. SBA Memorandum 85-20 ........................................................................................ 23
Appendix C. 17 Appendix B. FEMA and SBA Constituent Resources ................................................................... 2419
Contacts
Author Information ........................................................................................................................ 24
19
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Introduction
Individuals and households thatDisaster survivors who suffer uninsured or underinsured losses caused by an suffer uninsured or underinsured losses caused by an
incident1 1
that results that results
in a presidentialin an emergency or major disaster declaration typically apply for assistance through emergency or major disaster declaration typically apply for assistance through
the Individuals and Households Program (IHP), a form of Individual Assistance (IA) the Individuals and Households Program (IHP), a form of Individual Assistance (IA)
administered by the Federal Emergency Management Agency (FEMA).2 They may also apply for administered by the Federal Emergency Management Agency (FEMA).2 They may also apply for
disaster loans, administered by the Small Business Administration (SBA).3disaster loans, administered by the Small Business Administration (SBA).3
This report opens with This report opens with
an overview of the two programs and a discussion about how declarations, including presidential an overview of the two programs and a discussion about how declarations, including presidential
declarations of emergency or major disaster under the Robert T. Stafford Disaster Relief and declarations of emergency or major disaster under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Stafford Act; P.L. 93-288, as amended; 42 U.S.C. §§5121 et seq.), Emergency Assistance Act (Stafford Act; P.L. 93-288, as amended; 42 U.S.C. §§5121 et seq.),
and SBA declarations under the Small Business Act (P.L. 83-163, as amended; 15 U.S.C. §§631 and SBA declarations under the Small Business Act (P.L. 83-163, as amended; 15 U.S.C. §§631
et seq.), are used to put them into effect. This report also discusses the application processes and et seq.), are used to put them into effect. This report also discusses the application processes and
eligibility criteria used by the SBA and FEMA to make loan and grant determinations, eligibility criteria used by the SBA and FEMA to make loan and grant determinations,
respectively. The report then describes the appeals processes, and concludes with policy respectively. The report then describes the appeals processes, and concludes with policy
observations and potential considerations for Congress about observations and potential considerations for Congress about
computer matching agreements, duplication of benefits,the application process and and
the use of computer matching agreements to prevent a duplication of benefitsthe use of income tests as a screening device for SBA disaster loans and FEMA grants. .
The SBA Disaster Loan Program and FEMA IA are interlaced to a certain degree. Functionally,
The SBA Disaster Loan Program and FEMA IA are interlaced to a certain degree. Functionally,
the SBA and FEMA have a computer matching agreement (CMA) to share real-time data on the SBA and FEMA have a computer matching agreement (CMA) to share real-time data on
assistance provided to applicants.4 The SBA and FEMA use the interface between their systems to assistance provided to applicants.4 The SBA and FEMA use the interface between their systems to
identify and prevent a duplication of benefits (DOB) because identify and prevent a duplication of benefits (DOB) because
the SBA disaster loans and FEMA SBA disaster loans and FEMA
grants both provide assistance for damage to grants both provide assistance for damage to
personal property and transportation, and can be used for Group Flood Insurance Policy assistancereal and personal property.5 The CMA also helps determine loan and grant .5 The CMA also helps determine loan and grant
eligibility because, from an administrative perspective, eligibility and assistance from one source eligibility because, from an administrative perspective, eligibility and assistance from one source
can impact eligibility and assistance from the other source.6 can impact eligibility and assistance from the other source.6
While the overlap between the two programs may have some benefits, it arguably also causes some confusion. For instance, some Members have expressed concern regarding the interrelated
1 44 C.F.R. §206.32(e) defines an
1 44 C.F.R. §206.32(e) defines an
incident as “[a]ny condition which meets the definition of major disaster or as “[a]ny condition which meets the definition of major disaster or
emergency as set forth in §206.2 which causes damage or hardship that may result in a Presidential declaration of a emergency as set forth in §206.2 which causes damage or hardship that may result in a Presidential declaration of a
major disaster or an emergency.” major disaster or an emergency.”
2 When an emergency or major disaster is declared, areas of the impacted state are “designated” as having been deemed
2 When an emergency or major disaster is declared, areas of the impacted state are “designated” as having been deemed
eligible for federal assistance (44 C.F.R. §206.2(a)(6)). A eligible for federal assistance (44 C.F.R. §206.2(a)(6)). A
designated area is “[a]ny emergency or major disaster- is “[a]ny emergency or major disaster-
affected portion of a State which has been determined eligible for Federal assistance.” Designated areas may include affected portion of a State which has been determined eligible for Federal assistance.” Designated areas may include
counties, parishes, or tribal lands, as well as municipalities, villages, or districts (Federal Emergency Management counties, parishes, or tribal lands, as well as municipalities, villages, or districts (Federal Emergency Management
Agency (FEMA), Agency (FEMA),
Individuals and Households Program Unified Guidance (IHPUG), FP 104-009-03, September 2016, p. 3, https://www.fema.gov/sites/default/files/2020-05/IHP_Unified_Guidance_FINAL_09272016_0.pdf (hereinafter FEMA, IHPUG); FEMA, Individual Assistance Program and Policy Guide (IAPPG), FP 104-009-03, May 2021, p. 41 , FP 104-009-03, May 2021, p. 41
https://www.fema.gov/sites/default/files/documents/fema_iappg-1.1.pdf (hereinafter FEMA, https://www.fema.gov/sites/default/files/documents/fema_iappg-1.1.pdf (hereinafter FEMA,
IAPPG)). )).
3 For more information about Individual Assistance (IA), see CRS In Focus IF11298,
3 For more information about Individual Assistance (IA), see CRS In Focus IF11298,
A Brief Overview of FEMA’s
Individual Assistance Program, by Elizabeth M. Webster and CRS Report R46014, , by Elizabeth M. Webster and CRS Report R46014,
FEMA Individual Assistance
Programs: An Overview, by Elizabeth M. Webster. For more information on , by Elizabeth M. Webster. For more information on
SBAU.S. Small Business Administration (SBA) disaster loans, see CRS Report disaster loans, see CRS Report
R41309, R41309,
The SBA Disaster Loan Program: Overview and Possible Issues for Congress, by Bruce R. Lindsay; and CRS , by Bruce R. Lindsay; and CRS
Report R44412, Report R44412,
SBA Disaster Loan Program: Frequently Asked Questions, by Bruce R. Lindsay. , by Bruce R. Lindsay.
4
4
U.S. Small Business Administration (SBA)SBA and U.S. Department of Homeland Security (DHS)/ and U.S. Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA) FEMA, “Computer Matching Agreement Between U.S. Small Business Administration and , “Computer Matching Agreement Between U.S. Small Business Administration and
U.S. Department of Homeland Security, Federal Emergency Management Agency,” February 10, 2022, U.S. Department of Homeland Security, Federal Emergency Management Agency,” February 10, 2022,
https://www.dhs.gov/sites/default/files/2022-02/2.%20FEMA%20%26%20SBA%20CMA.pdf (hereinafter https://www.dhs.gov/sites/default/files/2022-02/2.%20FEMA%20%26%20SBA%20CMA.pdf (hereinafter
SBA/FEMA, “Computer Matching Agreement”). SBA/FEMA, “Computer Matching Agreement”).
5 SBA/FEMA, “Computer Matching Agreement,” p. 1. 5 SBA/FEMA, “Computer Matching Agreement,” p. 1.
6 SBA/FEMA, “Computer Matching Agreement,” p. 1. 6 SBA/FEMA, “Computer Matching Agreement,” p. 1.
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but separate applications for FEMA IHP assistance and SBA disaster loans, and have introduced legislation to unify the application process.7 Members also have asked for clarification concerning how decisions are made with respect to the application of the SBA’s income test and determining whether an applicant is eligible for a loan, grant, or both.FEMA updated its regulations on March 22, 2024 pursuant an interim file rule, which removed the previous requirement that IHP applicants who met the SBA’s minimum income requirements first apply for an SBA disaster loan, and either be denied or receive a partial loan, before they could be considered for FEMA’s SBA-Dependent ONA, which included assistance for personal property, transportation, and Group Flood Insurance Policies (GFIPs). The new process allows IHP applicants to receive the IHP assistance they apply and are eligible for, including all forms of ONA, without first having to apply for an SBA disaster loan. However, the interim final rule explains that “FEMA currently shares relevant data with the SBA, and will continue to (continued...)
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While the overlap between the two programs may have some benefits, it arguably also causes some confusion. For instance, some Members of Congress have expressed concern regarding the separate applications for FEMA IHP assistance and SBA disaster loans, and have introduced legislation to unify the application process.7
Overview of Programs
The following sections provide descriptions of the SBA and FEMA programs that provide The following sections provide descriptions of the SBA and FEMA programs that provide
assistance to individuals and households. In many cases, disaster survivors find that they need assistance to individuals and households. In many cases, disaster survivors find that they need
assistance from both programs in addition to other sources of assistance, including private assistance from both programs in addition to other sources of assistance, including private
insurance, state and local government assistance, and assistance from voluntary organizations, to insurance, state and local government assistance, and assistance from voluntary organizations, to
fully recover.fully recover.
SBA Home Disaster Loans
Homeowners, renters, and personal property owners located in a declared disaster area are Homeowners, renters, and personal property owners located in a declared disaster area are
eligible to apply for an SBA home disaster loan.8 SBA home disaster loans can be conceptualized eligible to apply for an SBA home disaster loan.8 SBA home disaster loans can be conceptualized
as two categories of loans according to how the proceeds are put to use: Personal Property Loans as two categories of loans according to how the proceeds are put to use: Personal Property Loans
and Real Property Loans. These loans cover only uninsured or underinsured property and primary and Real Property Loans. These loans cover only uninsured or underinsured property and primary
residences in a declared disaster area. residences in a declared disaster area.
Personal Property Loans
A Personal Property Loan provides a creditworthy homeowner or renter located in a declared
A Personal Property Loan provides a creditworthy homeowner or renter located in a declared
disaster area with up to $disaster area with up to $
40100,000 to repair or replace personal property owned by the disaster ,000 to repair or replace personal property owned by the disaster
survivor.9 Eligible items include furniture, appliances, clothing, and automobiles damaged or lost survivor.9 Eligible items include furniture, appliances, clothing, and automobiles damaged or lost
in a disaster. Eligibility of luxury items with functional use, such as antiques and rare artwork, is in a disaster. Eligibility of luxury items with functional use, such as antiques and rare artwork, is
limited to the cost of an ordinary item meeting the same functional purpose. Interest rates for limited to the cost of an ordinary item meeting the same functional purpose. Interest rates for
Personal Property Loans cannot exceed 8% per annum, or 4% per annum if the applicant is found Personal Property Loans cannot exceed 8% per annum, or 4% per annum if the applicant is found
by SBA to be unable to obtain credit elsewhere. Generally, borrowers pay equal monthly by SBA to be unable to obtain credit elsewhere. Generally, borrowers pay equal monthly
installments of principal and interest, beginning five months from the date of the loan. Loan maturities may be up to 30 years.
do so to ensure FEMA and the SBA continue to remain good partners and stewards of taxpayer dollars. FEMA and the SBA will continue to coordinate to ensure that FEMA assistance and SBA disaster loans do not cause a duplication of benefits for the same type of assistance” (DHS/FEMA, “Individual Assistance Program Equity,” 89 Federal Register 4009, January 22, 2024 (see footnote 176)).
7 Members of Congress have introduced bipartisan legislation, including in the 118th and 117th Congresses, to help
7 Members of Congress have introduced bipartisan legislation, including in the 118th and 117th Congresses, to help
simplify the application process to receive federal disaster assistance. In the 118th Congress, Sens. Gary Peters, Rand simplify the application process to receive federal disaster assistance. In the 118th Congress, Sens. Gary Peters, Rand
Paul, and James Lankford cosponsored the Disaster Assistance Simplification Act (S. 1528) to simplify the application Paul, and James Lankford cosponsored the Disaster Assistance Simplification Act (S. 1528) to simplify the application
process itself by creating a consolidated application for federal disaster assistance. Previously, during the 117th process itself by creating a consolidated application for federal disaster assistance. Previously, during the 117th
Congress, Sens. Peters and Lankford cosponsored the Disaster Assistance Simplification Act (S. 4599); see also U.S. Congress, Sens. Peters and Lankford cosponsored the Disaster Assistance Simplification Act (S. 4599); see also U.S.
Senate Committee on Homeland Security and Governmental Affairs, “Peters and Lankford Bipartisan Bill to Simplify Senate Committee on Homeland Security and Governmental Affairs, “Peters and Lankford Bipartisan Bill to Simplify
Application Process for Federal Disaster Assistance Advances in Senate: Legislation Would Create Universal Application Process for Federal Disaster Assistance Advances in Senate: Legislation Would Create Universal
Application for Disaster Survivors,” press release, August 5, 2022, https://www.hsgac.senate.gov/media/dems/peters-Application for Disaster Survivors,” press release, August 5, 2022, https://www.hsgac.senate.gov/media/dems/peters-
and-lankford-bipartisan-bill-to-simplify-application-process-for-federal-disaster-assistance-advances-in-senate/. and-lankford-bipartisan-bill-to-simplify-application-process-for-federal-disaster-assistance-advances-in-senate/.
Similarly, in the 118th Congress, Reps. Dina Titus, Garrett Graves, Troy Carter, and Marcus Molinaro, and Resident Similarly, in the 118th Congress, Reps. Dina Titus, Garrett Graves, Troy Carter, and Marcus Molinaro, and Resident
Commissioner Jennifer González-Colón, cosponsored the Disaster Survivors Fairness Act of 2023 (H.R. 1796), which Commissioner Jennifer González-Colón, cosponsored the Disaster Survivors Fairness Act of 2023 (H.R. 1796), which
includes a universal application for individual assistance. includes a universal application for individual assistance.
8 SBA, “
8 SBA, “
Disaster Loan AssistancePhysical Damage Loans: Home and Personal Property Loans,” https://: Home and Personal Property Loans,” https://
disasterloanassistancewww.sba.gov/funding-programs/disaster-assistance/physical-damage-loans.sba.gov/ela/s/article/Home-and-Personal-Property-Loans. .
9 13 C.F.R. §123.105(a)(1).
9 13 C.F.R. §123.105(a)(1).
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The SBA Administrator may increase the home loan lending limits on appropriate economic indicators for the region(s) in which the disaster occurred. SBA publishes the increased lending limit for an individual disaster declaration in the Federal Register.
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installments of principal and interest, beginning five months from the date of the loan. Loan maturities may be up to 30 years.
Real Property Loans
Real Property Loans provide creditworthy homeowners with uninsured or underinsured loss
Real Property Loans provide creditworthy homeowners with uninsured or underinsured loss
located in a declared disaster area with up to $located in a declared disaster area with up to $
200500,000 to repair or replace the homeowner’s ,000 to repair or replace the homeowner’s
primary residence to its pre-disaster condition.10 The loans may not be used to upgrade a home or primary residence to its pre-disaster condition.10 The loans may not be used to upgrade a home or
build additions to the home, unless the upgrade or addition is required by city or county building build additions to the home, unless the upgrade or addition is required by city or county building
codes, such as a code-required elevation. Repair or replacement of landscaping and/or codes, such as a code-required elevation. Repair or replacement of landscaping and/or
recreational facilities cannot exceed $5,000. A homeowner may borrow funds to cover the cost of recreational facilities cannot exceed $5,000. A homeowner may borrow funds to cover the cost of
improvements to protect their property against future damage (e.g., elevation, retaining walls, improvements to protect their property against future damage (e.g., elevation, retaining walls,
sump pumps, etc.). Mitigation funds may not exceed 20% of the disaster damage, as verified by sump pumps, etc.). Mitigation funds may not exceed 20% of the disaster damage, as verified by
SBA, to a maximum of $SBA, to a maximum of $
200500,000 for home loans.11 As previously mentioned, interest rates cannot ,000 for home loans.11 As previously mentioned, interest rates cannot
exceed 8% per annum, or 4% per annum if the applicant is unable to obtain credit elsewhere. exceed 8% per annum, or 4% per annum if the applicant is unable to obtain credit elsewhere.
Generally, borrowers pay equal monthly installments of principal and interest, beginning five Generally, borrowers pay equal monthly installments of principal and interest, beginning five
months from the date of the loan. Loan maturities may be up to 30 years. months from the date of the loan. Loan maturities may be up to 30 years.
FEMA Individual Assistance
Various types of FEMA IA may be providedFEMA may provide various types of assistance to disaster survivors, depending on whether to disaster survivors, depending on whether
an the President declares an emergency or major disaster emergency or major disaster
is declaredauthorizing IA, and the type(s) of IA requested by the governor of the , and the type(s) of IA requested by the governor of the
affected state/territory or the affected state/territory or the
tribal chief executive of the affected chief executive of the affected
Indian tribal government and authorized by FEMAtribal government.12 The Individuals and Households Program (IHP) provides assistance to .12 The Individuals and Households Program (IHP) provides assistance to
meet the housing and other needs of disaster survivors, and meet the housing and other needs of disaster survivors, and
the IHP is the IA program that is often the is the IA program that is often the
subject of the most congressional interest. A brief description of the IHP is included below. subject of the most congressional interest. A brief description of the IHP is included below.
Individuals and Households Program
TheWhen the Individuals and Households Program is authorized pursuant to a presidential emergency or major disaster declaration, FEMA may provide financial and/or direct assistance for housing and financial assistance for other needs (referred to as other needs assistance or ONA) to eligible disaster survivors who, as a result of a disaster, have uninsured or under-insured necessary expenses and serious needs that cannot be met through other means or forms of assistance.13 The IHP is intended to meet basic needs and support recovery efforts, but it does not
10 13 C.F.R. §123.105(a)(2). The SBA Administrator may increase the home loan lending limits on appropriate economic indicators for the region(s) in which the disaster occurred. SBA publishes the increased lending limit for an individual disaster declaration in the Federal Register.
11 13 C.F.R. §123.107. 12 FEMA’s IA program includes (1) Individuals and Households Program is the primary vehicle for FEMA assistance to individuals and households after the President issues an emergency or major disaster declaration, when Individual Assistance is authorized.13 The IHP is intended to meet basic needs and support recovery efforts, but it cannot compensate disaster survivors for all losses.14 Under the IHP, financial assistance (i.e., funding provided to an applicant) and/or direct assistance (i.e., assistance provided by FEMA/state/territorial/Indian tribal government) may be available to eligible individuals and households who have uninsured or underinsured necessary expenses and
10 13 C.F.R. §123.105(a)(2). 11 13 C.F.R. §123.107. 12 FEMA’s IA program includes (1) Mass Care and Emergency Assistance, (2) the Crisis Counseling Assistance and the Crisis Counseling Assistance and
Training Program, (Training Program, (
32) Disaster ) Disaster
Unemployment Assistance, (4Case Management, (3) Disaster Legal Services, () Disaster Legal Services, (
54) Disaster ) Disaster
Case Management, and (6Unemployment Assistance, and (5) the Individuals and ) the Individuals and
Households Program. Additionally, Mass Care and Emergency Assistance can support disaster survivors (e.g., emergency feeding and sheltering)—however, it is authorized and funded through the Public Assistance Program. Households Program. The Individuals and Households Program (IHP) and the Crisis The Individuals and Households Program (IHP) and the Crisis
Counseling Assistance and Training Program (CCP) are the only forms of IA that may be authorized under an Counseling Assistance and Training Program (CCP) are the only forms of IA that may be authorized under an
emergency declaration (42 U.S.C. §5192(a)(6)); however, all forms of IA may be available following a declaration of emergency declaration (42 U.S.C. §5192(a)(6)); however, all forms of IA may be available following a declaration of
major disaster. major disaster.
See FEMA, “How a Disaster Gets Declared.” For additional information on the FEMA IA programs, For additional information on the FEMA IA programs,
see the FEMA, see the FEMA,
IAPPG. See also CRS In Focus IF11298, . See also CRS In Focus IF11298,
A Brief Overview of FEMA’s Individual Assistance Program, ,
by Elizabeth M. Webster; and CRS Report R46014, by Elizabeth M. Webster; and CRS Report R46014,
FEMA Individual Assistance Programs: An Overview, by , by
Elizabeth M. Webster. For more information about the disaster declaration process, see FEMA, “How a Disaster Gets Elizabeth M. Webster. For more information about the disaster declaration process, see FEMA, “How a Disaster Gets
Declared,” https://www.fema.gov/disaster/how-declared (hereinafter FEMA, “How a Disaster Gets Declared”). See Declared,” https://www.fema.gov/disaster/how-declared (hereinafter FEMA, “How a Disaster Gets Declared”). See
also CRS Report R43784, also CRS Report R43784,
FEMA’s Disaster Declaration Process: A Primer, by Bruce R. Lindsay., by Bruce R. Lindsay.
13 FEMA,
13 FEMA,
“How a Disaster Gets Declared.” Note that the IHP and CCP are the only forms of IA that may be authorized under an emergency declaration (42 U.S.C. §5192(a)(6)). For additional information on the IHP, see CRS In Focus IF12049, FEMA’s Individuals and Households Program (IHP), by Elizabeth M. Webster and CRS Report R47015, FEMA’s Individuals and Households Program (IHP)—Implementation and Considerations for Congress, by Elizabeth M. Webster.
14 44 C.F.R. §§206.110 et seq.; 42 U.S.C. §5174; FEMA, IAPPG, p. 6 IAPPG, p. 41. .
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serious needs, as a result of a disaster, that cannot be met through other means or forms of assistance.15compensate disaster survivors for all losses and it is not intended to be a substitute for insurance.14 There are two categories of IHP assistance: Housing Assistance, and Other Needs There are two categories of IHP assistance: Housing Assistance, and Other Needs
Assistance (ONA) (seeAssistance (ONA) (see
Table 1 for the subcategories of Housing Assistance and ONA). for the subcategories of Housing Assistance and ONA).
Table 1. Types of Housing Assistance and Other Needs Assistance
Housing Assistance: Financial
Housing Assistance:
ONA:Direct
ONA
Lodging Expense Reimbursement
ONA
Financial
Direct
SBA-Dependenta
Non-SBA-Dependentb
Lodging Expense
Multi-Family Lease and
Personal Property
Funeral Assistance
Reimbursement
Repair
Assistance
Medical and Dental
Multi-Family Lease and Repair
Serious Needs Assistance
Rental Assistance
Rental Assistance
Transportable Temporary
Transportable Temporary
Housing
Displacement
Transportation Assistance Assistance
Assistance
Home Repair Assistance
Home Repair Assistance
Housing Units
Group Flood Insurance
ChildcareUnits
Personal Property Assistance Assistance
Home Replacement
Home Replacement
Assistance
Direct Lease
Direct Lease
Policy
Assistance for
Transportation Assistance Assistance
Permanent Housing
Permanent Housing
Construction
Group Flood Insurance Policy Funeral Assistance Medical and Dental Assistance Childcare Assistance Assistance for Miscellaneous Items Moving and Storage
Miscellaneous Items
Construction
Moving and Storage Assistance Critical Needs Assistance Assistance
Clean and Sanitize Clean and Sanitize
Assistance Assistance
Sources: CRS’s interpretation of “Figure 5: Housing Assistance” and “Figure 28: Other Needs Assistance, Non-CRS’s interpretation of “Figure 5: Housing Assistance” and “Figure 28: Other Needs Assistance, Non-
SBA-Dependent and SBA-Dependent” of theSBA-Dependent and SBA-Dependent” of the
FEMA, FEMA,
Individual Assistance Program and Policy Guide (IAPPG), v. 1.1, , v. 1.1,
FP 104-009-03, May 2021, pp. 44 and 146, https://www.fema.gov/sites/default/files/documents/fema_iappg-1.1.pdf; FP 104-009-03, May 2021, pp. 44 and 146, https://www.fema.gov/sites/default/files/documents/fema_iappg-1.1.pdf;
and Memorandum from Keith Turi, FEMA Assistant Administrator, Recovery Directorate to FEMA Regional 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 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-1.1,” September 2, 2021, pp. 11-12, https://www.fema.gov/sites/default/files/documents/fema_iappg-policy-
amendments-memo.pdfamendments-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
Housing Assistance may include financial or direct assistance, including the following:
• Lodging Expense Reimbursement (LER) for; 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.
Housing Assistance
Housing Assistance may include the following financial and/or direct assistance options:
• Lodging Expense Reimbursement (LER) provides reimbursement for out-of-
pocket short-term lodging costs and taxes (e.g., hotels, motels, or other short- hotels, motels, or other short-
term lodging).term
lodging;
•
•
Rental Assistance for(Initial Rental Assistance and Continued Temporary
Housing Assistance) provides funding for temporary alternate housing accommodations while the applicant is alternate housing accommodations while the applicant is
displaced from their primary residencedisplaced from their primary residence
;.
•
•
Home Repair Assistance for provides funding to repair an owner-occupied primary an owner-occupied primary
residence;
residence.
• •
Replacement Assistance forprovides funding to replace an owner-occupied primary an owner-occupied primary
residence when the residence when the
residence is destroyedresidence is destroyed
;
• Multi-Family Lease and Repair (MLR) to place disaster survivors in FEMA-
leased multi-family temporary housing;
15 42 U.S.C. §5174; 44 C.F.R. §206.110(a); see also FEMA, IAPPG, p. 6.
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• Transportable Temporary Housing Units (TTHUs)16 to place disaster
survivors in FEMA-purchased or -leased temporary housing units;
• Direct Lease to place disaster survivors in FEMA-leased residential properties;
and
• Permanent Housing Construction (PHC) to provide.
14 44 C.F.R. §§206.110 et seq.; 42 U.S.C. §5174; FEMA, IAPPG, p. 6; FEMA, “How a Disaster Gets Declared.” For additional information on the IHP, see CRS In Focus IF12049, FEMA’s Individuals and Households Program (IHP), by Elizabeth M. Webster, and CRS Report R47015, FEMA’s Individuals and Households Program (IHP)—Implementation and Considerations for Congress, by Elizabeth M. Webster.
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• Multi-Family Lease and Repair (MLR) temporarily place disaster survivors in
FEMA-leased currently existing vacant multi-family housing units.
• Transportable Temporary Housing Units (TTHUs) temporarily places disaster
survivors in FEMA-purchased or -leased temporary housing units (i.e., Recreational Vehicles [RVs] or Manufactured Housing Units [MHUs]).
• Direct Lease temporarily places disaster survivors in FEMA-leased residential
properties.
• Permanent Housing Construction (PHC) provides home repair and home repair and
construction services in insular areas outside the continental United States and
construction services in insular areas outside the continental United States and
other locations where no alternative housing resources are available and where other locations where no alternative housing resources are available and where
the types of FEMA housing assistance that are normally provided (such as types of FEMA housing assistance that are normally provided (such as
rental assistanceRental Assistance) are unavailable, infeasible, or not cost-effective.) are unavailable, infeasible, or not cost-effective.
1715
In addition to IHP temporary housing assistance, FEMA may provide short-term, emergency
In addition to IHP temporary housing assistance, FEMA may provide short-term, emergency
sheltering accommodations under Section 403—Essential Assistance—of the Stafford Act (e.g., sheltering accommodations under Section 403—Essential Assistance—of the Stafford Act (e.g.,
the Transitional Sheltering Assistance [TSA] program, which provides short-term hotel/motel the Transitional Sheltering Assistance [TSA] program, which provides short-term hotel/motel
accommodations to disaster survivors).accommodations to disaster survivors).
1816
Other Needs Assistance (ONA)
ONA provides financial assistance for other disaster-related necessary expenses and serious
ONA provides financial assistance for other disaster-related necessary expenses and serious
needs.needs.
There are two categories of ONA: (1) SBA-dependent, and (2) non-SBA-dependent.
SBA-Dependent ONA
FEMA and the Small Business Administration (SBA) collaborate to determine an applicant’s eligibility for some forms of ONA.19 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,20 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.21 If the applicant does not qualify for an SBA disaster loan or their SBA disaster loan amount is 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.22
• Personal Property Assistance provides funding to eligible individuals to repair
or replace eligible personal property items damaged or destroyed as a result of a
16 Examples of Transportable Temporary Housing Units (TTHUs) include Recreational Vehicles (RVs) and Manufactured Housing Units (MHUs).
17 FEMA, IAPPG, p. 127. 18 42 U.S.C. §5170b. Note that Stafford Act Section 403 assistance is not the focus of this report. 19 SBA/FEMA, “Computer Matching Agreement,” p. 1; 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 or verify initial eligibility for DHS/FEMA and SBA disaster assistance as well as provide updates on disaster recipients’ SBA Loan status.” 20 42 U.S.C. §5155. 21 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.
22 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.
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declared emergency or major disaster.2317 ONA may include the following financial assistance options:
• Serious Needs Assistance provides $750 to address disaster survivors’
immediate post-disaster needs for items such as “water, food, first aid, infant formula, diapers, personal hygiene items, and fuel for or the cost of transportation.”18
• Displacement Assistance provides up-front financial assistance to help disaster
survivors immediately obtain short-term accommodations while they work to secure temporary housing (such as FEMA Rental Assistance).19
• Personal Property Assistance provides funding to repair or replace eligible
personal property items damaged or destroyed as a result of a declared
15 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).
16 42 U.S.C. §5170b. Note that Stafford Act Section 403 assistance is not the focus of this report. 17 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, 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, maximum award amount, and justification and situations for use. This is submitted to FEMA annually via the “ONA Administrative Option Selection Form” (FEMA, IAPPG, 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” (FEMA, IAPPG, p. 149). 18 DHS/FEMA, “Individual Assistance Program Equity,” 89 Federal Register 4012, 4023-4024, and 4123, January 22, 2024.
19 DHS/FEMA, “Individual Assistance Program Equity,” 89 Federal Register 4024 and 4123, January 22, 2024.
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FEMA and SBA Disaster Assistance for Individuals and Households
emergency or major disaster.20 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.”
2421
•
•
Transportation Assistance provides funding to provides funding to
eligible individuals to repair or repair or
replace a vehicle replace a vehicle
damaged by a declared emergency or major disaster, up to the 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.”
2522
•
•
Group Flood Insurance Policy enables FEMA or the state, territory, or enables FEMA or the state, territory, or
Indian
tribal tribal
government to directly purchase a government to directly purchase a
policythree-year certificate of coverage on an applicant’s behalf if the 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.26 The premium for a three-year certificate of coverage costs $2,400,27 and it covers real and personal property equaling the maximum amount of financial assistance available for both Housing Assistance and ONA combined.28 Upon the group policy’s expiration, the applicant must purchase and maintain their own flood insurance; failure to do so may affect future IHP eligibility.29
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.30
• Funeral Assistance provides funding to assist eligible individuals with eligible
funeral expenses related to a death that is directly or indirectly attributable to a declared emergency or major disaster, up tootherwise purchase a policy.23
• Funeral Assistance provides funding to assist with eligible 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 the affected state/territory/tribe in its “ONA Administrative Option Selection Form.”24
• Medical and Dental Assistance provides funding to assist with eligible medical
and dental expenses incurred as a direct result of a declared emergency or major disaster.25
• Child Care Assistance provides funding to assist with a 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 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 maximum award amount set by
the affected state/territory/tribe in its “ONA Administrative Option Selection the affected state/territory/tribe in its “ONA Administrative Option Selection
Form.”31
• Medical and DentalForm,” whichever is less.26
• Moving and Storage Assistance provides funding to relocate and store essential
personal property while repairs are made to the applicant’s primary residence, and then return the property to the repaired primary residence.27
20 FEMA, IAPPG, pp. 166-169; DHS/FEMA, “Individual Assistance Program Equity,” 89 Federal Register 4010, January 22, 2024 Assistance provides funding to assist eligible individuals
with eligible medical and dental expenses incurred as a direct result of a declared emergency or major disaster.32
23 FEMA, IAPPG, pp. 166-169. 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.
24an 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.
21 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.
2522 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.”
2623 FEMA, IAPPG, pp. 172-175. Upon the group policy’s expiration, the applicant must purchase and maintain their own flood insurance; failure to do so may affect future IHP eligibility.
24 FEMA, IAPPG, pp. 172-175. 27 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 3 years; however, the regulation notes that the premium may be adjusted “to reflect NFIP [National Flood Insurance Program] loss experience and any adjustment of benefits under the IHP program” (FEMA, IAPPG, p. 172).
28 FEMA, IAPPG, p. 172. 29 FEMA, IAPPG, p. 174. 30 FEMA, IAPPG, p. 149. 31 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.
3225 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.
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• Child Care Assistance provides funding to assist eligible individuals with a
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 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 affected state/territory/tribe in its “ONA Administrative Option Selection Form,” whichever is less.33
• Moving and Storage Assistance provides funding to eligible individuals to
relocate and store essential personal property while repairs are made to the applicant’s primary residence, and then return the property to the repaired primary residence.3426 FEMA, IAPPG, pp. 155-160. 27 FEMA, IAPPG, 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.
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•
•
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.
3528 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.”
36
• Critical Needs Assistance (sometimes referred to as “Immediate Needs
Assistance”) is provided to eligible individuals in the form of a 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.37
• Clean and Sanitize Assistance (previously “Clean and Removal Assistance”) is
29
• Clean and Sanitize Assistance is provided to eligible individuals in the form of provided to eligible individuals in the form of
a one-time payment limited to a one-time payment limited to
$300 to “ensure minimal damage to the home is addressed in order to prevent $300 to “ensure minimal damage to the home is addressed in order to prevent
additional losses and potential health and safety concerns.”additional losses and potential health and safety concerns.”
3830
Maximum Amount of IHP Financial Assistance
The amount of IHP financial assistance an individual or household may receive
The amount of IHP financial assistance an individual or household may receive
for housing and other needs is limited. is limited.
Housing assistance may not exceed $Housing assistance may not exceed $
41,000 (FY202342,500 (FY2024; adjusted annually),; adjusted annually),
39 and separate from that, financial assistance for ONA also may not exceed $42,500 (FY2024; adjusted annually).31 In addition, financial assistance to rent alternate housing accommodations is not subject to the cap, and accessibility-related repair or replacement costs associated with real and personal property are not subject to the cap.32
Still, households may need both IHP assistance and an SBA disaster loan to repair or rebuild their home, or meet other disaster-caused needs.
Stafford Act and SBA Disaster Declarations, and Designations Two declaration authorities put FEMA IA and the SBA Disaster Loan Program into effect: (1) the Stafford Act and (2) the Small Business Act.
28and separate from
33 FEMA, IAPPG, pp. 155-160. 34 FEMA, IAPPG, 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.
35 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.
3629 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.
37 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.”
3830 Memorandum from Keith Turi, FEMA Assistant Administrator, Recovery Directorate to FEMA Regional 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,” 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-September 2, 2021, pp. 11-12, https://www.fema.gov/sites/default/files/documents/fema_iappg-policy-amendments-
memo.pdf (hereinafter Memorandum from Keith Turi RE: Amendment to the IAPPG). memo.pdf (hereinafter Memorandum from Keith Turi RE: Amendment to the IAPPG).
3931 DHS/FEMA, “Notice of Maximum Amount of Assistance Under the Individuals and Households Program,” DHS/FEMA, “Notice of Maximum Amount of Assistance Under the Individuals and Households Program,”
8788 Federal Register 6451272520, October , October
25, 202220, 2023, https://www.govinfo.gov/content/pkg/FR-, https://www.govinfo.gov/content/pkg/FR-
2022-10-25/pdf/2022-231622023-10-20/pdf/2023-23168.pdf. .pdf.
The maximum amount of assistance is adjusted annually to reflect changes in the Consumer Price Index for All Urban The maximum amount of assistance is adjusted annually to reflect changes in the Consumer Price Index for All Urban
(continued...)
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that, financial assistance for ONA also may not exceed $41,000 (FY2023; adjusted annually).40 In addition, financial assistance to rent alternate housing accommodations is not subject to the cap, and accessibility-related repair or replacement costs associated with real and personal property are not subject to the cap.41 Households may need both IHP assistance and an SBA disaster loan to repair or rebuild their home, or meet other disaster-caused needs.
Stafford Act and SBA Disaster Declarations, and
Designations
Two declaration authorities put FEMA IA and the SBA Disaster Loan Program into effect: (1) the Stafford Act and (2) the Small Business Act.Consumers published by the Department of Labor (42 U.S.C. §5174(h)).
32 42 U.S.C. §5174(h)(4). FEMA expanded the provision of Home Repair Assistance for accessibility-related items to allow individuals with pre-existing or disaster-caused disabilities to install or construct new real-property components that are necessary to meet their accessibility-related needs—even if such items were not present in the home prior to the disaster (DHS/FEMA, “Individual Assistance Program Equity,” 89 Federal Register 3997, January 22, 2024).
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Stafford Act Declarations
The Stafford Act authorizes the President to issue The Stafford Act authorizes the President to issue
major disaster declarations42 that emergency and major disaster declarations33 to provide local, provide local,
state, territorial, and state, territorial, and
Indian tribal governmentstribal governments
with a range of federal assistance in response to , nonprofit organizations, and individual disasters survivors with a range of federal assistance to support their response to and recovery from natural and human-caused incidents.natural and human-caused incidents.
4334 Each presidential Each presidential
major disasterStafford Act declaration includes a declaration includes a
“designation” listing the counties eligible for assistance, as well as the types of assistance FEMA “designation” listing the counties eligible for assistance, as well as the types of assistance FEMA
is is
authorized to provide under the declaration.to provide under the declaration.
4435 Potential types of assistance include (1) Public Assistance Potential types of assistance include (1) Public Assistance
(PA) for emergency protective measures, debris removal, and repair or replacement of damaged (PA) for emergency protective measures, debris removal, and repair or replacement of damaged
public infrastructure;public infrastructure;
4536 (2) Hazard Mitigation Grant Program (HMGP) grants to fund (2) Hazard Mitigation Grant Program (HMGP) grants to fund
projects to lessen the effects of future disaster incidents;37 and (3) Individual Assistance (IA) to provide assistance to disaster survivors.
Not all major disaster declarations provide IA. Often, major declarations only provide PA and HMGP (these are sometimes referred to as “PA-only” major disaster declarations). (It is also uncommon for IA to be authorized pursuant to an emergency declaration.)
In addition to making FEMA assistance available, Stafford Act major disaster declarations also trigger the SBA Disaster Loan Program.38 The assistance designation, however, determines what loan types become available. In particular, the IA designation is important because it determines whether SBA disaster loans will be made available to individuals and households. For example, if the President declares a major disaster and designates IA for a county, then all SBA disaster loan types become available to that county.39 If the President issues a PA-only major declaration, SBA disaster loans are generally only available to private nonprofit organizations. In some cases, a major disaster is declared for an incident that designates IA for some counties, and designates PA for others. Only counties authorized to receive IA pursuant to a major disaster declaration are eligible for SBA home disaster loans.
33 Emergency declarations provide more limited federal assistance. Only Public projects to
Consumers published by the Department of Labor (§408(h)(3) of the Stafford Act, P.L. 93-288, as amended; 42 U.S.C. §5174).
40 §1212 of DRRA, P.L. 115-254. The Disaster Recovery Reform Act of 2018 (DRRA, Division D of P.L. 115-254) amended the provision of housing assistance and ONA under Stafford Act Section 408—Federal Assistance to Individuals and Households by creating separate caps of equal amounts for housing assistance and ONA. Prior to DRRA’s enactment, the Stafford Act imposed a total limit on the maximum amount of all IHP financial assistance an individual or household could receive for a single disaster (i.e., housing assistance and ONA combined to count towards the cap).
41 §1212 of DRRA, P.L. 115-254. Prior to DRRA’s enactment, financial assistance to rent alternate accommodations was also subject to the maximum amount of financial assistance (§1212 of DRRA, P.L. 115-254). Note that the exclusion from the cap applies to both Lodging Expense Reimbursement (LER) and Rental Assistance (including Initial Rental Assistance and Continued Rental Assistance). Memorandum from Christopher B. Smith, Individual Assistance Division Director, to Regions I-X Regional Administrators, “Policy Changes to the Individuals and Households Program resulting from the Disaster Recovery Reform Act of 2018, Section 1212,” March 25, 2019, last accessed July 8, 2019.
42 The President may also issue emergency declarations, which provide federal assistance; however, only Public Assistance Categories A (debris removal) and B (emergency protective measures), the Individual Assistance Assistance Categories A (debris removal) and B (emergency protective measures), the Individual Assistance
Individuals and Households Program (IHP), and the Crisis Counseling Assistance and Training Program (CCP), may Individuals and Households Program (IHP), and the Crisis Counseling Assistance and Training Program (CCP), may
be available following an emergency declaration (FEMA, “How a Disaster Gets Declared”). Additionally, SBA disaster be available following an emergency declaration (FEMA, “How a Disaster Gets Declared”). Additionally, SBA disaster
loans for individuals and households are only available following a Presidential declaration of a major disaster when IA loans for individuals and households are only available following a Presidential declaration of a major disaster when IA
is authorized. is authorized.
4334 For more information on major disaster declarations, see CRS Report R43784, For more information on major disaster declarations, see CRS Report R43784,
FEMA’s Disaster Declaration
Process: A Primer, by Bruce R. Lindsay; and CRS Report R42702, , by Bruce R. Lindsay; and CRS Report R42702,
Stafford Act Declarations 1953-2016: Trends,
Analyses, and Implications for Congress, by Bruce R. Lindsay. , by Bruce R. Lindsay.
4435 When an emergency or major disaster is declared, areas of the impacted state are “designated” as having been When an emergency or major disaster is declared, areas of the impacted state are “designated” as having been
deemed eligible for federal assistance (44 C.F.R. §206.2(a)(6)). A deemed eligible for federal assistance (44 C.F.R. §206.2(a)(6)). A
designated area is “[a]ny emergency or major is “[a]ny emergency or major
disaster-affected portion of a State which has been determined eligible for Federal assistance.” Designated areas may disaster-affected portion of a State which has been determined eligible for Federal assistance.” Designated areas may
include counties, parishes, or tribal lands, as well as municipalities, villages, or districts (FEMA, include counties, parishes, or tribal lands, as well as municipalities, villages, or districts (FEMA,
IHPUG, p. 3; FEMA, IAPPG, p. 5). , p. 5).
4536 For more information on the Public Assistance (PA) program, see CRS Report R46749, For more information on the Public Assistance (PA) program, see CRS Report R46749,
FEMA’s Public Assistance
Program: A Primer and Considerations for Congress, by Erica A. Lee. , by Erica A. Lee.
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lessen the effects of future disaster incidents;46 and (3) Individual Assistance (IA) to provide assistance to disaster survivors, to include housing and other needs assistance through the IHP.
Not all major disaster declarations provide IA. Often, major declarations only provide PA and HMGP (these are sometimes referred to as “PA-only” major disaster declarations).
Stafford Act major disaster declarations also trigger the SBA Disaster Loan Program.47 The assistance designation, however, determines what loan types become available. In particular, the IA designation is important because it determines whether SBA disaster loans will be made available to individuals and households. For example, if the President declares a major disaster and designates IA for a county, then all SBA disaster loan types become available to that county.48 If the President issues a PA-only major declaration, SBA disaster loans are generally only available to private nonprofit organizations. In many cases, a major disaster is declared for an incident that designates IA for some counties, and designates PA for others. Only counties authorized to receive IA pursuant to a major disaster declaration are eligible for SBA home disaster loans.37 For more information on the Hazard Mitigation Grant Program (HMGP), see CRS Report R46989, FEMA Hazard Mitigation: A First Step Toward Climate Adaptation, by Diane P. Horn.
38 13 C.F.R. §123.3(a)(1). 39 Contiguous counties also become eligible for SBA disaster loans. FEMA assistance is not provided to contiguous counties—only those counties designated in the declaration. The loan types are home disaster loans (Personal Property Loans and Real Property Loans), which are discussed in this report, and business disaster loans (Business Physical Disaster Loans and Economic Injury Disaster Loans).
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SBA Disaster Declarations
SBA disaster loans can also be triggered by the SBA Administrator, who is authorized under the SBA disaster loans can also be triggered by the SBA Administrator, who is authorized under the
Small Business Act to issue an “Agency” or “SBA declaration” that makes SBA disaster loans Small Business Act to issue an “Agency” or “SBA declaration” that makes SBA disaster loans
available for homeowners, renters, businesses, and nonprofit organizations.available for homeowners, renters, businesses, and nonprofit organizations.
4940 The SBA The SBA
declaration by itself does not, however, trigger FEMA IA.declaration by itself does not, however, trigger FEMA IA.
5041
Applications for Assistance
The following sections describe the application process for FEMA and SBA disaster loan The following sections describe the application process for FEMA and SBA disaster loan
assistance. They include a discussion concerning eligibility criteria for the two programsassistance. They include a discussion concerning eligibility criteria for the two programs
in addition to a description of how applicants are screened to determine whether the applicant should be provided a grant, a loan, or both. Although integrated to a large extent, ultimately each. Each agency is responsible for determining eligibility based on the applicant’s losses and the forms of agency is responsible for determining eligibility based on the applicant’s losses and the forms of
assistance they have received. assistance they have received.
Applying for FEMA Individual Assistance
Applicants in a declared disaster area may register for FEMA Applicants in a declared disaster area may register for FEMA
IA—IHP assistance and SBA IHP assistance and SBA
disaster loans after a disaster loans after a
major disasterStafford Act declaration has been issued and IA has been authorized (applicants may also register for SBA disaster loans pursuant to an SBA declaration).
Applying for FEMA Individual Assistance Disaster survivors can register for assistance online, by telephone, or in-person at a Disaster Recovery Center (DRC).42
Disaster survivors have 60 days from the date of a declaration authorizing Individual Assistance to apply for FEMA IHP assistance. This 60-day period is known as the Initial Registration Period.43 FEMA will continue to accept late registrations for an additional 60 days after the Initial Registration Period if the applicant provides a reasonable explanation for the delay (no written justification or documentation explaining the circumstances that prevented them from applying on time are required)—this is known as the Late Application Period.44 FEMA does not accept applications submitted after the Late Application Period concludes.45
The registration deadline does not change for areas that are subsequently designated for assistance, but FEMA may extend the Registration Period at the request of the state, territory, or tribal government—with FEMA’s approval (e.g., to establish the same registration deadline for
40 declaration has been issued and IA has been designated.
46 For more information on the Hazard Mitigation Grant Program (HMGP), see CRS Report R46989, FEMA Hazard
Mitigation: A First Step Toward Climate Adaptation, by Diane P. Horn.
47 13 C.F.R. §123.3(a)(1). 48 Contiguous counties are eligible for Economic Injury Disaster Loans (EIDLs). FEMA assistance is not provided to contiguous counties—only those counties designated in the declaration. The loan types are home disaster loans (Personal Property Loans and Real Property Loans), which are discussed in this report, and business disaster loans (Business Physical Disaster Loans and Economic Injury Disaster Loans).
49 The criteria used to determine whether to issue a declaration include a minimum amount of uninsured physical The criteria used to determine whether to issue a declaration include a minimum amount of uninsured physical
damage to buildings, machinery, inventory, homes, and other property. Generally, this minimum is at least 25 homes or damage to buildings, machinery, inventory, homes, and other property. Generally, this minimum is at least 25 homes or
businesses (or some combination of the two) that have sustained uninsured losses of 40% or more in any county or businesses (or some combination of the two) that have sustained uninsured losses of 40% or more in any county or
other smaller political subdivision of a state or U.S. possession. See 13 C.F.R. §123.3(a)(3)(i) and 13 C.F.R. other smaller political subdivision of a state or U.S. possession. See 13 C.F.R. §123.3(a)(3)(i) and 13 C.F.R.
§123.3(a)(3)(ii). §123.3(a)(3)(ii).
5041 Under an SBA declaration, applicants apply directly to SBA for disaster loans. The Under an SBA declaration, applicants apply directly to SBA for disaster loans. The
CMAComputer Matching Agreement (CMA) with FEMA is not used in with FEMA is not used in
these situations.
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Individuals and households can register for assistance online, by telephone, or in-person at a Disaster Recovery Center (DRC).51
Individuals and households have 60 days from the date of a declaration authorizing these situations.
42 FEMA, IAPPG, p. 69. See Appendix A for more information. See also CRS Report R47297, Disaster Survivor FAQ: FEMA Individuals and Households Program, by Elizabeth M. Webster, for additional information on frequently asked questions that arise as disaster survivors navigate the IHP application process and receive IHP assistance.
43 FEMA, IAPPG, pp. 70-71; 44 C.F.R. §206.112; and email from FEMA Congressional Affairs staff, May 25, 2021. 44 DHS/FEMA, “Individual Individual
Assistance to apply for FEMA IHP assistance. This 60-day period is known as the Initial
Registration Period.52 FEMA may extend the Registration Period at the request of the state, territory, or Indian tribal government (e.g., to establish the same registration deadline for subsequently designated areas—per the IAPPG, “[f]or individuals in areas subsequently designated for IA after the date of declaration, the registration deadline is still 60 days after the date of declaration, not 60 days from the day the county or parish was designated for IA, unless extended”).53 FEMA will continue to accept late registrations for an additional 60 days after the Initial Registration Period if the applicant submits a written justification and documentation explaining the circumstances that prevented them from applying on time—this is known as the Late Application Period. FEMA does not accept applications submitted after the Late Application Period concludes.54 (SeeAssistance Program Equity,” 89 Federal Register 3995 and 4031, January 22, 2024, https://www.govinfo.gov/content/pkg/FR-2024-01-22/pdf/2024-00677.pdf. Reasonable explanations for late applications can include incarceration, that the applicant was the victim of human trafficking, ongoing domestic situations in which persons pose an immediate threat to a family member in the same household, major life events (e.g., birth or a child, marriage), hospitalization/illness/disability of the applicant or an immediate family member, death of an immediate family member, or proof of personal or business travel out of the area during the application period.
45 FEMA, IAPPG, pp. 70-71; 44 C.F.R. §206.112; and email from FEMA Congressional Affairs staff, May 25, 2021.
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subsequently designated areas).46 Additionally, if the Stafford Act declaration is amended to include additional counties following the expiration of the registration period, then the registration period can be reopened, but only for the newly authorized counties.47
(See Figure 1 for a comparison of the IHP and SBA disaster loan program for a comparison of the IHP and SBA disaster loan program
application deadlines.) application deadlines.)
The registration process requires the following information:
The registration process requires the following information:
• certification that the applicant is a U.S. citizen, noncitizen national, a qualified
• certification that the applicant is a U.S. citizen, noncitizen national, a qualified
alien, or the parent or guardian of a minor who is a U.S. citizen, noncitizen
alien, or the parent or guardian of a minor who is a U.S. citizen, noncitizen
national, or qualified alien; national, or qualified alien;
• the primary applicant’s social security number (or the social security number of a
• the primary applicant’s social security number (or the social security number of a
minor child in the household who is a U.S. citizen, noncitizen national, or
minor child in the household who is a U.S. citizen, noncitizen national, or
qualified alien if the parent or legal guardian is not a legal citizen); qualified alien if the parent or legal guardian is not a legal citizen);
• current and pre-disaster address;
• current and pre-disaster address;
• names of pre-disaster household occupants; • names of pre-disaster household occupants;
• contact information; • contact information;
• insurance information; • insurance information;
• financial information (i.e., pre-disaster household annual gross income); • financial information (i.e., pre-disaster household annual gross income);
• losses caused by the disaster; and • losses caused by the disaster; and
• banking information for direct deposit of financial assistance.• banking information for direct deposit of financial assistance.
5548
Other forms of IA include other application requirements and processes on the part of the
Other forms of IA include other application requirements and processes on the part of the
requesting affected local, state, territorial, or requesting affected local, state, territorial, or
Indian tribal governmentstribal government, and eligible disaster , and eligible disaster
survivors may access the services provided at no cost to the disaster survivor. survivors may access the services provided at no cost to the disaster survivor.
Applying for SBA Disaster Loans
Applicants have 60 days beginning the day after the date of the declaration Applicants have 60 days beginning the day after the date of the declaration
under either the Stafford Act or Small Business Act to apply for SBA real to apply for SBA real
and personal property disaster loans (seand personal property disaster loans (se
e Figure 1). Applicants can apply for SBA disaster loans . Applicants can apply for SBA disaster loans
51 FEMA, IAPPG, p. 69. See Appendix B for more information. See also CRS Report R47297, Disaster Survivor FAQ:
FEMA Individuals and Households Program, by Elizabeth M. Webster, for additional information on frequently asked questions that arise as disaster survivors navigate the IHP application process and receive IHP assistance.
52 FEMA, IAPPG, pp. 70-71; 44 C.F.R. §206.112; and email from FEMA Congressional Affairs staff, May 25, 2021. 53online, in-person at a DRC, or by mail.49 Applicants must fill out SBA Form 5C and IRS Form 4506-C.50 The forms require information about the applicant, including their social security number, income, insurance, assets, debt amounts, and tax information. The applicant may also be required to indicate whether their employment has changed in the last two years, as well as provide deed and proof of residency information. If the applicant is claiming automobile damage they may be required to provide proof of ownership (e.g., a copy of the registration, title, bill of sale).
46 FEMA, FEMA,
IAPPG, pp. 70-71; 44 C.F.R. §206.112; and email from FEMA Congressional Affairs staff, May 25, 2021. , pp. 70-71; 44 C.F.R. §206.112; and email from FEMA Congressional Affairs staff, May 25, 2021.
54 FEMA, IAPPG, pp. 70-71; 44 C.F.R. §206.112; and email from FEMA Congressional Affairs staff, May 25, 2021. 5547 DHS/FEMA, “Individual Assistance Program Equity,” 89 Federal Register 4030, January 22, 2024. 48 FEMA, IAPPG, pp. 71-72. 49 See Appendix A of this report for more information. See also SBA, “Disaster Assistance,” https://www.sba.gov/funding-programs/disaster-assistance; and SBA, “Three Steps to SBA Disaster Assistance Loans,” https://www.sba.gov/brand/assets/sba/resource-partners/three-steps-disaster-assistance-loans-508.pdf.
50 For the paper forms, see SBA, “Document Search,” https://www.sba.gov/documents.
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FEMA, IAPPG, pp. 71-72.
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FEMA and SBA Disaster Assistance for Individuals and Households
online, in-person at a DRC, or by mail.56 Applicants must fill out SBA Form 5C and IRS Form 4506-C.57 The forms require information about the applicant, including their social security number, income, insurance, assets, debt amounts, and tax information. The applicant may also be required to indicate whether their employment has changed in the last two years, as well as provide deed and proof of residency information. If the applicant is claiming automobile damage they may be required to provide proof of ownership (e.g., a copy of the registration, title, bill of sale).
Figure 1. Application Deadlines
FEMA IHP and SBA Disaster Loan Program
FEMA IHP and SBA Disaster Loan Program
Sources: CRSBased on CRS’s interpretation of FEMA, interpretation of FEMA,
Individual Assistance Program and Policy Guide (IAPPG), v. 1.1, FP 104-009-, v. 1.1, FP 104-009-
03, May 2021, pp. 70-71, https://www.fema.gov/sites/default/files/documents/fema_iappg-1.1.pdf; 03, May 2021, pp. 70-71, https://www.fema.gov/sites/default/files/documents/fema_iappg-1.1.pdf;
DHS/FEMA, “Individual Assistance Program Equity,” 89 Federal Register 3995, January 22, 2024, https://www.govinfo.gov/content/pkg/FR-2024-01-22/pdf/2024-00677.pdf; and U.S. Small and U.S. Small
Business Administration, Business Administration,
SOP 50 30 9, Disaster Assistance Program, May 31, 2018, p. 14, https://www.sba.gov/, Disaster Assistance Program, May 31, 2018, p. 14, https://www.sba.gov/
sites/default/files/2018-06/SOP%2050%2030%209-FINAL.PDF. sites/default/files/2018-06/SOP%2050%2030%209-FINAL.PDF.
Note: The application deadline for SBA disaster loans applies to declarations issued by either the President The application deadline for SBA disaster loans applies to declarations issued by either the President
pursuant to the Stafford Act, or the SBA Administrator pursuant to the Small Business Act. pursuant to the Stafford Act, or the SBA Administrator pursuant to the Small Business Act.
Eligibility for SBA Disaster Loans
In the case of SBA disaster loans, the SBA’s Office of Disaster Assistance (ODA) determines In the case of SBA disaster loans, the SBA’s Office of Disaster Assistance (ODA) determines
eligibility based on the applicant’s disaster-related losses, as verified by the SBA.eligibility based on the applicant’s disaster-related losses, as verified by the SBA.
5851 According to According to
the SBA, three main criteria are used for making credit decisions:the SBA, three main criteria are used for making credit decisions:
(1)
1. eligibility, which is based eligibility, which is based
on the applicant’s disaster-related losses;on the applicant’s disaster-related losses;
(2) satisfactory credit; and (3)
2. satisfactory credit; and
3. repayment ability, repayment ability,
including minimum income levels.including minimum income levels.
The SBA would not decline an application for not having The SBA would not decline an application for not having
collateral to secure a loan but, to the extent it is available, a borrower may be required to pledge collateral to secure a loan but, to the extent it is available, a borrower may be required to pledge
collateral for loans over certain amounts (e.g., $25,000 for physical damage loans).collateral for loans over certain amounts (e.g., $25,000 for physical damage loans).
59
56 See Appendix A of this report for more information. See also SBA, “Disaster Loan Assistance,” https://disasterloanassistance.sba.gov/ela/s/; and SBA, “Three Steps to SBA Disaster Assistance Loans,” https://disasterloanassistance.sba.gov/ela/file-asset/Three_Step_Process_SBA_Disaster_Loa.
57 For the paper forms, see SBA, “Disaster Loan Application Paper Forms,” https://disasterloanassistance.sba.gov/ela/s/article/Paper-Forms.
5852
Eligibility for FEMA IHP Assistance IHP applicants must meet general eligibility requirements, as follows:
1. be a U.S. citizen, noncitizen national, or “qualified alien” (or the parent or
guardian of such a minor);53
51 Generally, based on the amount of disaster damages, minus any assistance received from insurance, FEMA grants, or Generally, based on the amount of disaster damages, minus any assistance received from insurance, FEMA grants, or
other sources of recovery. other sources of recovery.
5952 SBA, SBA,
Frequently Asked Questions, August 17, 2021, https://disasterloanassistance.sba.gov/ela/s/article/FAQ. , August 17, 2021, https://disasterloanassistance.sba.gov/ela/s/article/FAQ.
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Eligibility for FEMA IHP Assistance
IHP applicants must meet general eligibility requirements, as follows:
1. “[t]he applicant must be a U.S. citizen, noncitizen national, or qualified alien” (or
the parent or guardian of a minor child who is a U.S. citizen, noncitizen national, or qualified alien);
2. “FEMA must be able to verify the applicant’s identity”;
3. “[t]he applicant’s insurance, or other forms of disaster assistance received, cannot
meet their disaster-caused needs”; and
4. “[t]he applicant’s necessary expenses and serious needs are directly caused by a
declared disaster.”6053 There are some categories of “aliens lawfully present in the U.S. who are not eligible for IHP assistance,” such as temporary tourist visa holders, and habitual residents, such as citizens of the Federated States of Micronesia and the Republic of the Marshall Islands. FEMA, Individual Assistance Program and Policy Guide (IAPPG), v. 1.1, FP 104-009-03, May 2021, p. 47, https://www.fema.gov/sites/default/files/documents/fema_iappg-1.1.pdf (hereinafter FEMA, IAPPG).
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2. have their identify verified by FEMA;
3. have disaster-caused needs that cannot be met through their insurance or other
forms of disaster assistance; and
4. have necessary expenses and serious needs that were directly caused by a
declared disaster.54
Each type of IHP assistance requires that additional eligibility conditions be met, and may require
Each type of IHP assistance requires that additional eligibility conditions be met, and may require
additional documentation.additional documentation.
6155 For example, Home Repair and Home Replacement assistance are For example, Home Repair and Home Replacement assistance are
only available to homeowners, and some forms of assistance require proof of occupancy and/or only available to homeowners, and some forms of assistance require proof of occupancy and/or
ownership.ownership.
62
56 A FEMA inspection is used to verify losses related to real and personal property.57
Appealing Eligibility and Assistance Determinations
FEMA Appeals FEMA may deny IHP applicants’ requests for IHP assistance for a variety of reasons, ranging from determinations related to the applicant’s eligibility for IHP assistance generally or the specific type of IHP assistance being requested, to a finding by FEMA that the applicant failed to purchase and maintain flood insurance as a requirement of receiving previous federal disaster assistance.58 If this occurs, applicants for IHP assistance may appeal FEMA’s determinations. To appeal any IHP assistance-related FEMA determination, applicants must submit documentation supporting the appeal request (a written and signed appeal letter of explanation is not required).59 Once FEMA receives an appeal, a caseworker who was not involved in the case shall review the appeal and file to determine if there is sufficient information to change FEMA’s determination. If there is not sufficient information, FEMA will either (1) contact the applicant to request additional information with a deadline of 30 days; (2) contact a third party (e.g., contractor, insurance company) to verify the supporting documentation; and/or (3) schedule an appeal inspection.60 FEMA shall provide appeal determinations to the applicant in writing within 90 days of receiving the appeal, and FEMA’s decision is final (i.e., it cannot be appealed again).61
54 FEMA, IAPPG, p. 46. See also FEMA, “Eligibility Criteria for FEMA Assistance,” last updated November 28, 2022, https://www.fema.gov/assistance/individual/program/eligibility; FEMA, “Individuals and Households Program,” last updated April 5, 2023, https://www.fema.gov/fact-sheet/individuals-and-households-program.
55 See the IAPPG guidance on the type of IHP assistance being requested for additional requirements. 56 FEMA, IAPPG, pp. 46, 51-55; Memorandum from Keith Turi RE: Amendment to the IAPPG, pp. 2-9. 57 FEMA, IAPPG, p. 72. 58 42 U.S.C. §5189a(a); 44 C.F.R. §206.115(a). Applicants can appeal FEMA’s determinations, including related to their eligibility for assistance, the amount and/or specific type(s) of IHP assistance authorized, FEMA’s decision to recoup assistance, and FEMA’s rejection of a late application, or any other eligibility-related decision. 59 44 C.F.R. §206.115(b); FEMA, IAPPG, pp. 66-67; DHS/FEMA, “Individual Assistance Program Equity,” 89 Federal Register 3999, January 22, 2024.
60 44 C.F.R. §206.115(f); FEMA, IAPPG, p. 68. 61 44 C.F.R. §206.115(f); FEMA, IAPPG, p. 68.
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SBA Appeals SBA disaster loan applicants have six months to request a reconsideration of an SBA decline and have 30 days to appeal a subsequent SBA decline decision.62
Policy Observations and Considerations
Disaster Survivor Confusion Due to Separate Application Processes for FEMA IHP and SBA Disaster Loans Prior to March 22, 2024, IHP applicants who met the Small Business Administration’s (SBA’s) minimum income requirements had to first apply for an SBA disaster loan, and either be denied or receive a partial loan, before they could be considered for FEMA’s SBA-Dependent ONA, which included assistance for personal property, transportation, and Group Flood Insurance Policies (GFIPs). FEMA amended its regulations, removing this requirement, so the new process allows IHP applicants to receive the IHP assistance they apply and are eligible for, including all forms of ONA, without having to apply for an SBA disaster loan.63
IHP applicants may still choose to apply for an SBA disaster loan if they require additional funding to address their unmet real or personal property needs. As previously noted, the SBA disaster loan application is separate from the FEMA IHP application for assistance, and therefore, disaster survivors must submit a separate application for an SBA disaster loan in order to be considered for such assistance. The current requirement that disaster survivors must submit multiple applications to receive different types of federal disaster assistance has been a subject of congressional concern. A potential consideration to address the potential for confusion and the additional burden on disaster survivors resulting from the current process relates to creating a unified application for disaster assistance.
For example, during the A FEMA inspection is used to verify losses related to real and personal property, and is typically conducted on-site by a FEMA inspector, but may also be completed via a geospatial inspection or based on documentation of losses (e.g., medical bills or receipts for automobile repairs).63
Eligibility for SBA-Dependent ONA
As stated above, FEMA and the SBA collaborate to determine an applicant’s eligibility for some forms of Other Needs Assistance (see the “Other Needs Assistance (ONA)” section).64 Figure 2
depicts the general process for determining eligibility for SBA-Dependent ONA.65
There are two pathways for individuals and households to be considered for SBA-Dependent ONA:
• Path 1: FEMA refers applicants to the SBA Disaster Loan Program if their
income meets the SBA’s minimum income test (see the “Yes” path)—in this case, the referred IHP applicant must submit an application for an SBA disaster loan. If the SBA denies the applicant’s SBA disaster loan request or the loan amount is insufficient to meet their recovery needs (i.e., a partial SBA disaster loan), the applicant is referred back to FEMA to be considered for SBA-Dependent ONA. According to the FEMA officials, FEMA contacts the disaster survivor if the SBA determines they cannot afford a loan.66
60 FEMA, IAPPG, p. 46. 61 See the IAPPG guidance on the type of IHP assistance being requested for additional requirements. 62 FEMA, IAPPG, pp. 46, 51-55; Memorandum from Keith Turi RE: Amendment to the IAPPG, pp. 2-9. 63 FEMA, IAPPG, p. 72. 64 SBA/FEMA, “Computer Matching Agreement,” p. 1; FEMA, IAPPG, p. 133. 65 For more information on the process of determining whether an applicant may qualify for a SBA disaster loan and how FEMA ONA assistance and SBA disaster loans intersect, see CRS Report R45238, FEMA and SBA Disaster
Assistance for Individuals and Households: Application Processes, Determinations, and Appeals, by Bruce R. Lindsay and Elizabeth M. Webster.
66 Government Accountability Office (GAO), Disaster Assistance: Additional Actions Needed to Strengthen FEMA’s
Individuals and Households Program, GAO-20-503, September 2020, p. 37, https://www.gao.gov/assets/710/709775.pdf (see footnote 49) (hereinafter GAO, Disaster Assistance IHP).
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• The SBA’s minimum income levels for disaster home and renter loan
consideration are included in Table 2. If a household’s income is below these levels, they are referred directly to the IHP.67
• SBA disaster loan applicants with income below the minimum income level
are classified as Failed Income Test (FIT). FIT applicants are notified that their SBA disaster loan application has been denied and advised that they will be notified if there are any changes to the decision.68
• Alternatively, Path 2: FEMA considers the applicant for SBA-Dependent ONA if
the applicant’s income does not meet the SBA’s minimum income test (see the “No” path).69
Figure 2. FEMA and SBA Screening Process
Source: Developed by CRS based on “Figure 27: SBA Disaster Loan Application Process” of the FEMA,
Individual Assistance Program and Policy Guide (IAPPG), v. 1.1, FP 104-009-03, May 2021, p. 145, https://www.fema.gov/sites/default/files/documents/fema_iappg-1.1.pdf. Note: SBA-Dependent ONA provides financial assistance for other disaster-related expenses and needs, including for Personal Property Assistance, Transportation Assistance, and Group Flood Insurance Policies.
67 Memorandum from Francisco Sánchez, Jr., Associate Administrator for SBA’s Office of Disaster Assistance, to All Directors and All ODA HQ Staff, “#22-11, Income Test Tables to be used 06/28/2022 and Continuing,” June 8, 2002 (letter and attachment of SBA Income Test Tables were provided to CRS by SBA Office of Congressional and Legislative Affairs staff on January 5, 2023) (hereinafter Memorandum from Francisco Sánchez, Jr., Associate Administrator for SBA’s ODR, “Income Test Tables”). According to the letter, “all family size units have been increased to 185 percent to arrive at the minimum income guidelines.” Further, the tables are effective for disaster declarations on or after June 28, 2022. As additional background, the income test is not specifically authorized in statute nor is it published in SBA regulations. Rather, the formula was first introduced as agency policy in 1985 by SBA Memorandum 85-20 as a means to help determine the applicant’s ability to repay the loan (see Appendix B).
68 SBA, Office of Disaster Assistance, Disaster Assistance Program SOP 50 30 9, effective May 31, 2018, https://www.sba.gov/document/sop-50-30-9-disaster-assistance-programhttps://www.sba.gov/sites/default/files/SOP 50 30 7.pdf.
69 SBA/FEMA, “Computer Matching Agreement,” p. 4. “[I]f SBA approves the applicant’s loan application and the applicant does not accept the loan, DHS/FEMA will not provide any SBA-dependent ONA to that applicant.”
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Table 2. Minimum Income Guidelines for the 48 Contiguous States
and the District of Columbia
($ Minimum Income Level)
Household Size
Week
Month
Year
1
$483
$2,095
$25,142
2
$651
$2,823
$33,874
3
$819
$3,550
$42,606
4
$987
$4,278
$51,338
5
$1,155
$5,006
$60,070
6
$1,323
$5,733
$68,802
7
$1,491
$6,461
$77,534
8
$1,659
$7,189
$86,266
for each over 8 add
$168
$728
$8,732
Sources: CRS reproduction of the SBA’s “Minimum Income Guidelines for the 48 Contiguous States and the District of Columbia,” effective June 28, 2022 and continuing (Memorandum from Francisco Sánchez, Jr., Associate Administrator for SBA’s Office of Disaster Assistance, to All Directors and All ODA HQ Staff, “#22-11, Income Test Tables to be used 06/28/2022 and Continuing,” June 8, 2002 (letter and attachment of SBA Income Test Tables were provided to CRS by SBA Office of Congressional and Legislative Affairs staff on January 5, 2023).
Notes: The information in the table reflects the SBA’s minimum income levels for disaster home and renter loan consideration. Households with income levels below these levels are referred directly to the IHP by FEMA Customer Service Representatives. Alaska, Hawaii, Puerto Rico, the U.S. Virgin Islands, American Samoa, Guam,
the Commonwealth of the Northern Mariana Islands, and the Federated States of Micronesia have separate minimum income guideline tables. The tables are effective for disaster declarations on or after June 28, 2022.
Appealing Eligibility and Assistance
Determinations
FEMA Appeals
FEMA may deny IHP applicants’ requests for IHP assistance for a variety of reasons, ranging from determinations related to the applicant’s eligibility for IHP assistance generally or the specific type of IHP assistance being requested, to a finding by FEMA that the applicant failed to purchase and maintain flood insurance as a requirement of receiving previous federal disaster assistance.70 If this occurs, applicants for IHP assistance may appeal FEMA’s determinations. To appeal any IHP assistance-related FEMA determination, applicants must submit a written appeal explaining the reason for the appeal with documentation supporting the appeal request.71 Once FEMA receives an appeal, a caseworker who was not involved in the case shall review the appeal and file to determine if there is sufficient information to change FEMA’s determination. If there is not sufficient information, FEMA will either (1) contact the applicant to request additional information with a deadline of 30 days; (2) contact a third party (e.g., contractor, insurance
70 44 C.F.R. §206.113. 71 44 C.F.R. §206.115(b); FEMA, IAPPG, pp. 66-67. Appeals must also be signed by the applicant (or person they have authorized to act on his/her behalf).
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company) to verify the supporting documentation; and/or (3) schedule an appeal inspection.72 FEMA shall provide appeal determinations to the applicant in writing within 90 days of receiving the written appeal letter, and FEMA’s appeal decision is final (i.e., it cannot be appealed again).73
SBA Appeals
SBA disaster loan applicants have six months to request a reconsideration of an SBA decline and have 30 days to appeal a subsequent SBA decline decision.74
Policy Observations and Considerations
Disaster Survivor Confusion Due to Separate Application
Processes for FEMA IHP and SBA Disaster Loans
As previously noted, the SBA disaster loan application is separate from the FEMA IHP application for assistance. Consequently, IHP applicants who are referred to the SBA must also submit an application for an SBA disaster loan to be considered for such assistance—and then potentially for SBA-Dependent ONA. Failure to submit an SBA disaster loan application is one of several reasons some disaster survivors are not considered for selected forms of recovery assistance. In a 2020 Government Accountability Office (GAO) report on the IHP, GAO found the interconnected SBA Disaster Loan and SBA-Dependent ONA application process burdensome, stating that it “may have prevented many survivors from being considered for certain types of assistance.... ”75
This issue of the interconnected SBA disaster loan and IHP process and the current requirement that disaster survivors must submit multiple applications to receive different types of federal disaster assistance has been a subject of congressional concern. Considerations to address potential confusion created by the current process include improving communication to disaster survivors to ensure the separate application requirement is clear, and, alternatively, creating a unified application for disaster assistance.
With regard to improving disaster survivor communications to ensure IHP applicants understand that they may be required to submit separate applications to FEMA and the SBA, GAO stated that
[b]y fully communicating the requirement [to first apply for an SBA disaster loan before being considered for SBA-Dependent ONA] and working with SBA to identify options to simplify and streamline this step of the IHP process, FEMA could help ensure that survivors receive all assistance for which they are eligible.76
In May 2023, FEMA revised its letters to IHP applicants regarding the SBA requirements, and in April 2023, FEMA noted that it was still developing a notice of proposed rulemaking related to SBA-Dependent ONA, which, according to GAO, FEMA had planned to publish in spring
72 44 C.F.R. §206.115(f); FEMA, IAPPG, p. 68. 73 44 C.F.R. §206.115(f); FEMA, IAPPG, p. 68. 74 13 C.F.R. §123.13(e). 75 GAO, Disaster Assistance: IHP, p. GAO Highlights. 76 GAO, Disaster Assistance: IHP, p. GAO Highlights.
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2023.77 Congress could consider requiring FEMA to report on its progress with regard to the proposed rulemaking.
With regard to simplifying the application process by creating a unified application, during the 118th Congress, Senators Gary Peters, Rand Paul, and James Lankford cosponsored the Disaster 118th Congress, Senators Gary Peters, Rand Paul, and James Lankford cosponsored the Disaster
Assistance Simplification Act (S. 1528) to simplify the application process itself by creating a Assistance Simplification Act (S. 1528) to simplify the application process itself by creating a
consolidated application for federal disaster assistance. Previously, during the 117th Congress, consolidated application for federal disaster assistance. Previously, during the 117th Congress,
Senators Peters and Lankford cosponsored the Disaster Assistance Simplification Act (S. 4599).Senators Peters and Lankford cosponsored the Disaster Assistance Simplification Act (S. 4599).
78 64 Similarly, in the 118th Congress, Representatives Dina Titus, Garrett Graves, Troy Carter, and Similarly, in the 118th Congress, Representatives Dina Titus, Garrett Graves, Troy Carter, and
Marcus Molinaro, and Resident Commissioner Jennifer González-Colón, cosponsored the Marcus Molinaro, and Resident Commissioner Jennifer González-Colón, cosponsored the
Disaster Survivors Fairness Act of 2023 (H.R. 1796), which includes a universal application for Disaster Survivors Fairness Act of 2023 (H.R. 1796), which includes a universal application for
individual assistance. individual assistance.
Application of the SBA Income Test
According to a FEMA advisory issued January 3, 2023, FEMA and the SBA made “policy changes to lower the minimum household income thresholds for some types of FEMA assistance.”79 SBA Administrator Isabella Casillas Guzman stated, “These changes will enable people to receive FEMA assistance faster while still giving them an opportunity to apply for an SBA loan.”80 In June 2022, the SBA’s Office of Disaster Assistance provided income test tables for the 48 contiguous states and the District of Columbia, Alaska, Hawaii, Puerto Rico and the U.S Virgin Islands, American Samoa, Guam and the Commonwealth of the Northern Mariana Islands, and the Federated States of Micronesia, that went into effect June 28, 2022, and continuing.81 In the accompanying letter, the Associate Administrator for SBA’s Office of Disaster Assistance noted that
The annual Health and Human Services Poverty Guidelines are not defined for Puerto Rico or other outlying jurisdictions. SBA’s Office of Disaster Assistance is responsible for deciding whether to use the 48 contiguous states and District of Columbia guidelines for those jurisdictions. Accordingly, all family size units have been increased to 185 percent to arrive at the minimum income guidelines. This percentage change mirrors other federal programs, including the USDA program that offers the free lunch program. No other income guidelines are acceptable for use as minimum income test tables.82
Historically, according to SBA Memorandum 85-20 (see Appendix B), the income test table is used as a guide “for summary declines.”
77 GAO, Disaster Assistance: IHP, pp. 76-77 (see Recommendations 1 and 2). See also the status of Recommendations 1 and 2 in the “Recommendations for Executive Action” table on the web page for the GAO Disaster Assistance: IHP report, available at https://www.gao.gov/products/gao-20-503, last accessed August 14, 2023.
78Use of the Computer Matching Agreement (CMA) to Prevent a Duplication of Benefits (DOB) Following a major disaster, homeowners and businesses may have access to a number of resources to assist in the response, recovery, and rebuilding process. The range of resources
62 13 C.F.R. §123.13(e). 63 DHS/FEMA, “Individual Assistance Program Equity,” 89 Federal Register 4009, January 22, 2024. 64 See also U.S. Senate Committee on Homeland Security and Governmental Affairs, “Peters and Lankford Bipartisan See also U.S. Senate Committee on Homeland Security and Governmental Affairs, “Peters and Lankford Bipartisan
Bill to Simplify Application Process for Federal Disaster Assistance Advances in Senate: Legislation Would Create Bill to Simplify Application Process for Federal Disaster Assistance Advances in Senate: Legislation Would Create
Universal Application for Disaster Survivors,” press release, August 5, 2022, https://www.hsgac.senate.gov/media/Universal Application for Disaster Survivors,” press release, August 5, 2022, https://www.hsgac.senate.gov/media/
dems/peters-and-lankford-bipartisan-bill-to-simplify-application-process-for-federal-disaster-assistance-advances-in-dems/peters-and-lankford-bipartisan-bill-to-simplify-application-process-for-federal-disaster-assistance-advances-in-
senate/. senate/.
79 See Table 2 for the SBA’s minimum income guidelines. 80 FEMA, “FEMA Advances Accessibility: FEMA-SBA Partnership Provides More than $38 Million in Expanded Assistance to Low-Income Survivors,” HQ-23-002, January 3, 2023, https://www.fema.gov/press-release/20230103/fema-advances-accessibility-fema-sba-partnership-provides-more-38-million.
81 Memorandum from Francisco Sánchez, Jr., Associate Administrator for SBA’s ODR, “Income Test Tables.” 82 Memorandum from Francisco Sánchez, Jr., Associate Administrator for SBA’s ODR, “Income Test Tables.”
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It is unclear if income levels are a hard limit to screen out applicants, or if there is discretion in the process.83 Congress may consider whether the SBA should continue to use established thresholds and formulas, including based on SBA Memorandum 85-20, to determine eligibility, or provide SBA with some measure of discretion in the process. Some might argue that uniformity would ensure equitable determinations. Others might argue that a one size-fits-all approach does not address special or mitigating circumstances. In general, SBA disaster loan eligibility is assigned to the person (or entity in the case of businesses) that legally owns or is responsible for the repair or replacement of the disaster-damaged property and is based on that person’s ability to repay the loan. It could be argued, however, that the ability to pay a loan is not solely determined by income and that a range of factors and circumstances should also be considered. For example, a retired person may not meet a certain minimum income level, but may own assets that could be liquidated for repayment purposes. Another example is the parent of a university student who is willing to cosign for their child’s SBA disaster loan. In both of these examples, strict adherence to an income test might prevent people from obtaining loans despite their being able to repay them through nontraditional methods. Congress may also consider whether the income test is an effective screening tool for identifying applicants that meet the income test but cannot repay their disaster loan; for example, a person who earns more than the minimum income level, but has debt that impedes their ability to repay the loan.
If Congress is concerned about how income factors into assistance determinations, it could consider requiring the SBA and FEMA to publish specific determination criteria in their respective regulations and policy guidance documents. Congress may also consider putting the income determination formula into statute.
Use of the Computer Matching Agreement (CMA) to Prevent a
Duplication of Benefits (DOB)
Following a major disaster, homeowners and businesses may have access to a number of resources to assist in the response, recovery, and rebuilding process. The range of resources include insurance payouts, state and local government assistance, charitable donations from private institutions and individuals, as well as certain forms of federal assistance. In addition to FEMA and SBA disaster assistance, individuals and households may be eligible for assistance provided through the Department of Housing and Urban Development’s (HUD’s) Community Development Block Grant Disaster Recovery (CDBG-DR) program, when authorized.84 Compensation from multiple sources that exceeds the total loss amount is generally considered a duplication of benefits.85 When duplication occurs, the recipient is liable to the United States to pay back the duplicated benefit.86
83 Minimum income includes wages, alimony, child support payments, interest and dividend income from savings, retirement, pension, social security, or disability payments.
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include insurance payouts, state and local government assistance, charitable donations from private institutions and individuals, as well as certain forms of federal assistance. In addition to FEMA and SBA disaster assistance, individuals and households may be eligible for assistance provided through the Department of Housing and Urban Development’s (HUD’s) Community Development Block Grant Disaster Recovery (CDBG-DR) program, when authorized.65 Compensation from multiple sources that exceeds the total loss amount is generally considered a duplication of benefits.66 When duplication occurs, the recipient is liable to the United States to pay back the duplicated benefit.67
Section 312 of the Stafford Act requires federal agencies to ensure that individuals (and businesses) do not receive disaster assistance for losses for which they have already been compensated or may expect to be compensated.68 The uniformity requirement set forth in Section 312 is located in FEMA regulation 44 C.F.R. §206.191, which establishes a delivery sequence of disaster assistance provided by federal agencies and organizations.69 According to FEMA regulations, the agency or organization that is later in the delivery sequence should not provide assistance that duplicates assistance provided by an agency or organization earlier in the sequence. When the delivery sequence has been disrupted, the disrupting agency is responsible for rectifying the duplication. The regulation specifies selected forms of assistance, including FEMA IHP assistance and SBA disaster loans, but does not specifically list HUD’s CDBG-DR program. Figure 2 sets forth FEMA’s sequence of delivery to ensure uniformity in preventing a duplication of benefits from occurring.
65 For more information on the Community Development Block Program, see CRS Report R46475, For more information on the Community Development Block Program, see CRS Report R46475,
The Community
Development Block Grant’s Disaster Recovery (CDBG-DR) Component: Background and Issues, by Joseph V. , by Joseph V.
Jaroscak. Jaroscak.
8566 42 U.S.C. §5155; 44 C.F.R. §206.191. 42 U.S.C. §5155; 44 C.F.R. §206.191.
8667 42 U.S.C. §5155; 44 C.F.R. §206.191. When a duplication of benefits occurs, the IHP recipient must repay the 42 U.S.C. §5155; 44 C.F.R. §206.191. When a duplication of benefits occurs, the IHP recipient must repay the
duplicated benefit. FEMA reclaims funds through a process known as recoupment. There are some circumstances, duplicated benefit. FEMA reclaims funds through a process known as recoupment. There are some circumstances,
however, under which FEMA may not pursue recoupment. Section 5602(a) of the James M. Inhofe National Defense however, under which FEMA may not pursue recoupment. Section 5602(a) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (P.L. 117-263) amended DRRA Section 1216(a) to require FEMA to waive Authorization Act for Fiscal Year 2023 (P.L. 117-263) amended DRRA Section 1216(a) to require FEMA to waive
recoupment of IHP assistance in two situations, provided the debt does not involve fraud, a false claim, or recoupment of IHP assistance in two situations, provided the debt does not involve fraud, a false claim, or
misrepresentation by the debtor or party having an interest in the claim: (1) “if the covered assistance [i.e., IHP misrepresentation by the debtor or party having an interest in the claim: (1) “if the covered assistance [i.e., IHP
(continued...)
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Section 312 of the Stafford Act requires federal agencies to ensure that individuals (and businesses) do not receive disaster assistance for losses for which they have already been compensated or may expect to be compensated.87 The uniformity requirement set forth in Section 312 is located in FEMA regulation 44 C.F.R. §206.191, which establishes a delivery sequence of disaster assistance provided by federal agencies and organizations (see Figure 3).
Figure 3. Delivery Sequence
44 C.F.R. §206.191(d)(2)
Source: Based on CRS interpretation of 44 C.F.R. §206.191. Notes: Housing assistance under Section 408—Federal Assistance to Individuals and Households includes financial and direct housing assistance, as well as financial assistance for other needs (Other Needs Assistance (ONA)). SBA-dependent ONA may be available for applicants who do not qualify for an SBA disaster loan or whose loan amount is insufficient; this type of ONA includes personal property, transportation, and Group Flood Insurance Policy assistance. Cora Brown of Kansas City, MO, died in 1977, leaving a portion of her estate to the United States to be used as a special fund to relieve human suffering caused by natural disasters.
Disaster survivors may have access to a number of resources to assist their recovery process, including insurance payouts, state and local government assistance, charitable donations and assistance from private nonprofit and voluntary organizations, as well as certain forms of federal assistance. Individuals may be eligible to receive grants of assistance from FEMA through the IHP, low-interest real and personal property loans through the SBA disaster loan program, and grants of assistance through HUD’s CDBG-DR program (when authorized). FEMA’s regulations establish a “delivery sequence” that FEMA uses to prevent providing duplicative benefits. The delivery sequence lists the order in which assistance from FEMA and other sources is to be provided to disaster survivors.88 According to FEMA regulations, the agency or organization that is later in the delivery sequence should not provide assistance that duplicates assistance provided
assistance] was distributed based on an error by the Agency [i.e., FEMA] and such debt shall be construed as a assistance] was distributed based on an error by the Agency [i.e., FEMA] and such debt shall be construed as a
hardship; and (2) “if such [covered] assistance [i.e., IHP assistance] is subject to a claim or legal action.... ” hardship; and (2) “if such [covered] assistance [i.e., IHP assistance] is subject to a claim or legal action.... ”
8768 42 U.S.C. §5155. There are numerous statutes and regulations that prohibit duplication of benefits with respect to 42 U.S.C. §5155. There are numerous statutes and regulations that prohibit duplication of benefits with respect to
disaster assistance. These are included indisaster assistance. These are included in
Appendix A.
88 44 C.F.R. §206.191; FEMA, IAPPG, p. 1069 42 U.S.C. §5155(b)(2); 44 C.F.R. §206.191(d). .
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Figure 2. Sequence of Delivery to Avoid a Duplication of Benefits
Effective March 22, 2024.
Source: Based on CRS’s interpretation of 44 C.F.R. §206.191(d) and DHS/FEMA, “Individual Assistance Program Equity,” 89 Federal Register 4124, January 22, 2024. Note: Cora Brown of Kansas City, MO, died in 1977, leaving a portion of her estate to the United States to be used as a special fund to relieve human suffering caused by natural disasters.
FEMA and SBA Disaster Assistance for Individuals and Households
by an agency or organization earlier in the sequence (e.g., SBA disaster loans should be provided before SBA-Dependent ONA). When the delivery sequence has been disrupted, the disrupting agency is responsible for rectifying the duplication. The regulation specifies selected forms of assistance, including SBA disaster loans, but does not specifically list HUD’s CDBG-DR program.
As mentioned previously in this report, SBA and FEMA have a CMA to share data on assistance provided to applicants.89 Both the SBA and FEMA also share relevant data—including personally identifiable information (PII) related to applicants—with local, state, territorial, and Indian tribal governments, and voluntary agencies. This is done to prevent a duplication of benefits, as well as to potentially enable applicants to receive additional disaster assistance.90
The SBA and FEMA entered into the CMA pursuant to Section (o) of the Privacy Act of 1974 (5
The SBA and FEMA entered into the CMA pursuant to Section (o) of the Privacy Act of 1974 (5
U.S.C. §552a).U.S.C. §552a).
9170 As outlined in the SBA-FEMA Computer Matching Agreement, “the financial As outlined in the SBA-FEMA Computer Matching Agreement, “the financial
and administrative responsibilities will be evenly distributed between SBA and DHS/FEMA and administrative responsibilities will be evenly distributed between SBA and DHS/FEMA
unless otherwise set forth in this agreement.”unless otherwise set forth in this agreement.”
9271 The CMA further states that it is “part of a CMA further states that it is “part of a
Government wide initiative, Executive Order 13411—Improving Assistance for Disaster Victims Government wide initiative, Executive Order 13411—Improving Assistance for Disaster Victims
(August 29, 2006) ... to identify and prevent duplication of benefits received by individuals, (August 29, 2006) ... to identify and prevent duplication of benefits received by individuals,
businesses, or other entities for the same disaster.”businesses, or other entities for the same disaster.”
93
In addition to the CMA used by the 72 Thus, the CMA enables SBA and FEMA to share data on assistance provided to applicants.73 Additionally, both SBA and FEMA share relevant data—including personally identifiable information (PII) related to applicants—with local, state, territorial, and tribal governments, and voluntary agencies. This is done to prevent a duplication of benefits, as well as to potentially enable applicants to receive additional disaster assistance.
In addition to the CMA used by SBA and FEMA in this disaster assistance context, FEMA SBA and FEMA in this disaster assistance context, FEMA
and HUD, which administers CDBG-DR, have a CMA, which states that “CDBG-DR grantees and HUD, which administers CDBG-DR, have a CMA, which states that “CDBG-DR grantees
will use matched data to prevent the duplication of benefits by reviewing applications for CDBG-will use matched data to prevent the duplication of benefits by reviewing applications for CDBG-
DR assistance and making determinations that CDBG-DR benefits provided to CDBG-DR DR assistance and making determinations that CDBG-DR benefits provided to CDBG-DR
grantee grantee
70 As amended by the Computer Matching and Privacy Protection Act of 1988 (P.L. 100-503), and as amended by the Computer Matching and Privacy Protection Amendments of 1990 (P.L. 101-508, 5 U.S.C. §552a(p) (1990)).
71 SBA/FEMA, “Computer Matching Agreement,” p. 1. 72SBA/FEMA, “Computer Matching Agreement,” p. 5. 73 SBA/FEMA, “Computer Matching Agreement,” pp. 7-8.
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program applicants are not duplicative of assistance that the grantee program applicants program applicants are not duplicative of assistance that the grantee program applicants
already received from FEMA.”already received from FEMA.”
9474 Historically, HUD has considered whether the provision of Historically, HUD has considered whether the provision of
CDBG-DR may constitute a duplication of previously provided FEMA assistance. For example, CDBG-DR may constitute a duplication of previously provided FEMA assistance. For example,
when implementing the CDBG-DR-funded programs in Puerto Rico following 2017 Hurricanes when implementing the CDBG-DR-funded programs in Puerto Rico following 2017 Hurricanes
Irma and María, the program guidance describes program requirements and award contingencies Irma and María, the program guidance describes program requirements and award contingencies
explaining that program beneficiaries must agree to repay duplicative assistance and that award explaining that program beneficiaries must agree to repay duplicative assistance and that award
determinations consider funding from all sources to avoid duplicating benefits and can deduct determinations consider funding from all sources to avoid duplicating benefits and can deduct
duplicative funds.duplicative funds.
95
89 SBA/FEMA, “Computer Matching Agreement,” pp. 7-8. 90 FEMA, IAPPG. 91 As amended by the Computer Matching and Privacy Protection Act of 1988 (P.L. 100-503), and as amended by the Computer Matching and Privacy Protection Amendments of 1990 (P.L. 101-508, 5 U.S.C. §552a(p) (1990)).
92 SBA/FEMA, “Computer Matching Agreement,” p. 1. 93SBA/FEMA, “Computer Matching Agreement,” p. 5. 9475
The SBA and HUD do not have a CMA to determine instances of duplication.76
If Congress is concerned about the use of the SBA-FEMA and/or FEMA-HUD CMAs, it could investigate the effectiveness of the CMAs in preventing duplication of benefits since their implementation. Similarly, Congress could also review how applicant information is being used by local, state, territorial, and tribal governments, as well as voluntary agencies, to determine the effectiveness of information sharing with regard to reducing duplication.
74 “Computer Matching Agreement Between United States Department of Homeland Security (DHS) Federal “Computer Matching Agreement Between United States Department of Homeland Security (DHS) Federal
Emergency Management Agency (FEMA) and United States Department of Housing and Urban Development (HUD),” Emergency Management Agency (FEMA) and United States Department of Housing and Urban Development (HUD),”
February 11, 2022, p. 25, https://www.dhs.gov/sites/default/files/2022-02/February 11, 2022, p. 25, https://www.dhs.gov/sites/default/files/2022-02/
3.%20DHS%20FEMA%20Department%20HUD%20CMA_0.pdf. 3.%20DHS%20FEMA%20Department%20HUD%20CMA_0.pdf.
9575 Puerto Rico, Puerto Rico,
Puerto Rico Disaster Recovery Action Plan: For the Use of CDBG-DR Funds in Response to 2017
Hurricanes Irma and María, Amend. 10, February 17, 2023, pp. 20, 102, 105, 130, February 17, 2023, pp. 20, 102, 105, 130
, https://cdbg-dr.pr.gov/en/download/action-planamendment-10-nonsubstantial-effective-on-february-16- 2023/?ind=1676677455854&filename=ADM_POLI_Action%20Plan_Amendment%2010%20- %20NONSUBSTANTIAL_EN.pdf&wpdmdl=35213&refresh=640b4a0a61f9a1678461450 (hereinafter Puerto Rico, (hereinafter Puerto Rico,
CDBG-DR Action Plan). Per Puerto Rico’s CDBG-DR Action Plan, “CDBG-DR funds must be funding of last resort, CDBG-DR Action Plan). Per Puerto Rico’s CDBG-DR Action Plan, “CDBG-DR funds must be funding of last resort,
and if additional funds are paid to applicant awardees for the same purpose as the housing assistance award they and if additional funds are paid to applicant awardees for the same purpose as the housing assistance award they
receive through PRDOH assistance (i.e., repair or replacement of the damaged structure) after PRDOH has completed receive through PRDOH assistance (i.e., repair or replacement of the damaged structure) after PRDOH has completed
the the
repair/rehabilitation project, those funds must be returned to PRDOH.”
76repair/rehabilitation project, those funds must be returned to PRDOH.”
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The SBA and HUD do not have a CMA to determine instances of duplication.96
If Congress is concerned about the use of the CMA, it could investigate the effectiveness of the SBA-FEMA CMA in preventing duplication of benefits since its implementation.
Similarly, Congress could also review how applicant information is being used by local, state, territorial, and Indian tribal governments, as well as voluntary agencies, to determine the effectiveness of information sharing with regard to reducing duplication.
96 HUD’s list of Computer Matching Agreements can be found at https://www.hud.gov/program_offices/ HUD’s list of Computer Matching Agreements can be found at https://www.hud.gov/program_offices/
officeofadministration/privacy_act/cma/hud-cma. officeofadministration/privacy_act/cma/hud-cma.
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Appendix A. Relevant Duplication of Benefits
Statutory Authorities and Regulations
The following is a listing ofThis Appendix lists selected authorities and regulations pertaining to the duplication of selected authorities and regulations pertaining to the duplication of
disaster assistance benefits. This list should be considered representative, not exhaustive. disaster assistance benefits. This list should be considered representative, not exhaustive.
Stafford Act (42 U.S.C. §5155)
The Stafford Act is the primary statute governing the provision of federal disaster assistance,
The Stafford Act is the primary statute governing the provision of federal disaster assistance,
particularly FEMA assistance. Section 312 of the Stafford Act requires federal agencies that particularly FEMA assistance. Section 312 of the Stafford Act requires federal agencies that
provide financial disaster assistance to ensure that individuals, businesses, or other entities provide financial disaster assistance to ensure that individuals, businesses, or other entities
suffering losses as a result of a major disaster or emergency do not receive assistance for losses suffering losses as a result of a major disaster or emergency do not receive assistance for losses
for which they have already been compensated. Section 312 also requires the President to for which they have already been compensated. Section 312 also requires the President to
establish procedures that ensure uniformity in preventing duplication of benefits. Under Section establish procedures that ensure uniformity in preventing duplication of benefits. Under Section
312, any person, business, or other entity that has received or is entitled to receive federal disaster 312, any person, business, or other entity that has received or is entitled to receive federal disaster
assistance is liable to the United States for the repayment of such assistance to the extent that assistance is liable to the United States for the repayment of such assistance to the extent that
such assistance duplicates benefits available for the same purpose from another source, including such assistance duplicates benefits available for the same purpose from another source, including
insurance and other federal programs. insurance and other federal programs.
Stafford Act (42 U.S.C. §5174)
Section 408(a)(1) states that the President may provide assistance to individuals and households
Section 408(a)(1) states that the President may provide assistance to individuals and households
who, as a result of a major disaster, “have necessary expenses and serious needs in cases in which who, as a result of a major disaster, “have necessary expenses and serious needs in cases in which
the individuals and households are unable to meet such expenses or needs through other means.” the individuals and households are unable to meet such expenses or needs through other means.”
FEMA Regulations
44 C.F.R. §206.191 establishes the policies implementing Section 312 of the Stafford Act, and
44 C.F.R. §206.191 establishes the policies implementing Section 312 of the Stafford Act, and
states that it is FEMA’s policy to prevent the duplication of benefits between its own programs, states that it is FEMA’s policy to prevent the duplication of benefits between its own programs,
other assistance programs, and insurance benefits. The regulation requires individuals to repay all other assistance programs, and insurance benefits. The regulation requires individuals to repay all
duplicated assistance to the agency providing the assistance. Under 44 C.F.R. §206.191, a federal duplicated assistance to the agency providing the assistance. Under 44 C.F.R. §206.191, a federal
agency providing disaster assistance is responsible for preventing or rectifying duplication of agency providing disaster assistance is responsible for preventing or rectifying duplication of
benefits when they occur. 44 C.F.R. §206.191benefits when they occur. 44 C.F.R. §206.191
(d)(2) also includes a “delivery sequence” hierarchy also includes a “delivery sequence” hierarchy
intended to prevent waste, fraud, and abuse of program assistance, including the duplication of intended to prevent waste, fraud, and abuse of program assistance, including the duplication of
benefits (sebenefits (se
e Figure 3). 2).
Small Business Act (15 U.S.C. §636(b)(1)(A))
The first proviso in 15 U.S.C. §636(b)(1)(A) states that the SBA is authorized to make disaster
The first proviso in 15 U.S.C. §636(b)(1)(A) states that the SBA is authorized to make disaster
loans “[p]rovided, [t]hat such damage or destruction is not compensated for by insurance or loans “[p]rovided, [t]hat such damage or destruction is not compensated for by insurance or
otherwise.” otherwise.”
Small Business Act (15 U.S.C. §647)
15 U.S.C. §647(a) prohibits the SBA from providing benefits that duplicate the assistance
15 U.S.C. §647(a) prohibits the SBA from providing benefits that duplicate the assistance
provided by another department or agency of the federal government. It also states that if loan provided by another department or agency of the federal government. It also states that if loan
applications are refused or denied by a department or agency due to administrative withholding or applications are refused or denied by a department or agency due to administrative withholding or
due to an administratively declared moratorium, then no duplication is deemed to have occurred. due to an administratively declared moratorium, then no duplication is deemed to have occurred.
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SBA Regulation
13 C.F.R. §123.101(c) states that applicants for SBA Disaster Loan assistance are ineligible for a
13 C.F.R. §123.101(c) states that applicants for SBA Disaster Loan assistance are ineligible for a
home disaster loan if their damaged property can be repaired or replaced with the proceeds of home disaster loan if their damaged property can be repaired or replaced with the proceeds of
insurance, gifts, or other compensation. These amounts must either be deducted from the amount insurance, gifts, or other compensation. These amounts must either be deducted from the amount
of the claimed losses or, if received after SBA has disbursed the loan, must be paid to SBA as of the claimed losses or, if received after SBA has disbursed the loan, must be paid to SBA as
principal payments on the loan. principal payments on the loan.
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link to page 20 link to page 18
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Appendix B. SBA Memorandum 85-20
Figure B-1. SBA Memorandum 85-20
Note: SBA Memorandum 85-20 was first introduced as agency policy in 1985 by SBA Memorandum 85-20 as a means to help determine the applicant’s ability to repay the loan. SBA Memorandum 85-20 established a formula based, in part, on poverty guidelines published by the U.S. Department of Health and Human Services. The formula was updated on June 28, 2022. See “Application of the SBA Income Test” and Table 2 for the current Minimum Income Guidelines for SBA disaster assistance.
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Appendix C. FEMA and SBA Constituent Resources
The following provides various FEMA and SBA resources and information that may be of use for The following provides various FEMA and SBA resources and information that may be of use for
constituents in declared disaster areas. constituents in declared disaster areas.
FEMA:
•
•
Website: https://www.disasterassistance.gov/ : https://www.disasterassistance.gov/
• •
Contact: 1-800-621-FEMA (3362); TTY: 1-800-462-7585 : 1-800-621-FEMA (3362); TTY: 1-800-462-7585
• •
Frequently Asked Questions: https://www.fema.gov/assistance/individual : https://www.fema.gov/assistance/individual
SBA:
•
•
Website: https://: https://
disasterloanwww.sba.gov/.sba.gov/
ela/ funding-programs/disaster-assistance • •
Contact: 1-800-659-2955; TTY: 1-800-877-8339 : 1-800-659-2955; TTY: 1-800-877-8339
• •
Frequently Asked Questions: https://disasterloanassistance.sba.gov/ela/s/article/
FAQ
SBA and IRS Forms: https://disasterloanassistance.sba.gov/ela/s/article/Paper-FormsThree Steps to Disaster Assistance Loans: https://www.sba.gov/brand/assets/
sba/resource-partners/three-steps-disaster-assistance-loans-508.pdf
• SBA and IRS Forms: https://www.sba.gov/documents
Author Information
Bruce R. Lindsay Bruce R. Lindsay
Elizabeth M. Webster
Elizabeth M. Webster
Specialist in American National Government
Specialist in American National Government
AnalystSpecialist in Emergency Management and Disaster in Emergency Management and Disaster
Recovery
Recovery
Acknowledgments
Jamie Bush, Visual Information Specialist, developed the figures included in this report.
FEMA’s Office of External Affairs and Individual Assistance Division within the Office of Response and FEMA’s Office of External Affairs and Individual Assistance Division within the Office of Response and
Recovery, and SBA’s Office of Disaster Assistance provided information referenced in this report, as well Recovery, and SBA’s Office of Disaster Assistance provided information referenced in this report, as well
as input and insight on the application process for IHP and SBA disaster loans. as input and insight on the application process for IHP and SBA disaster loans.
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
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