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FEMA Individual Assistance Programs: An Overview

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FEMA Individual Assistance Programs:
April 17, 2024
An Overview
Elizabeth M. Webster

FEMA Individual Assistance Programs: An Overview

Updated March 3, 2025 (R46014) Jump to Main Text of Report

Contents

Summary

Following a presidential declaration of emergency or major disaster under the Robert T. Stafford
Following a presidential declaration of emergency or major disaster under the Robert T. Stafford
Specialist in Emergency
Disaster Relief and Emergency Assistance Act (Stafford Act; P.L. 93-288, as amended; 42 Disaster Relief and Emergency Assistance Act (Stafford Act; P.L. 93-288, as amended; 42
Management and Disaster
U.S.C. §§5121 et seq.), the Federal Emergency Management Agency (FEMA) may provide three U.S.C. §§5121 et seq.), the Federal Emergency Management Agency (FEMA) may provide three
Recovery
primary forms of assistance: Individual Assistance (IA), Public Assistance (PA), and Hazard primary forms of assistance: Individual Assistance (IA), Public Assistance (PA), and Hazard

Mitigation Assistance (HMA). IA, which is the focus of this report, helps disaster survivors Mitigation Assistance (HMA). IA, which is the focus of this report, helps disaster survivors
recover. PA provides grants to local, state, territorial, and Indian tribal governments, as well as recover. PA provides grants to local, state, territorial, and Indian tribal governments, as well as

certain private nonprofit organizations for emergency protective measures, debris removal certain private nonprofit organizations for emergency protective measures, debris removal
operations, and repair or replacement of damaged public infrastructure. HMA funds mitigation and resiliency projects and operations, and repair or replacement of damaged public infrastructure. HMA funds mitigation and resiliency projects and
programs to reduce the threat or impacts of future disasters.programs to reduce the threat or impacts of future disasters.
This report provides brief descriptions of the IA categories:This report provides brief descriptions of the IA categories:
1. 1. Crisis Counseling Assistance and Training Program;Crisis Counseling Assistance and Training Program;
2. 2. Disaster Case Management;Disaster Case Management;
3. 3. Disaster Legal Services;Disaster Legal Services;
4. 4. Disaster Unemployment Assistance;Disaster Unemployment Assistance;
5. 5. Individuals and Households Program; andIndividuals and Households Program; and
6. 6. Mass Care and Emergency Assistance.Mass Care and Emergency Assistance.
The Individuals and Households Program (IHP) is covered in greatest detail herein because it is the primary program for The Individuals and Households Program (IHP) is covered in greatest detail herein because it is the primary program for
providing financial and direct assistance to disaster survivors following a presidential declaration of emergency or major providing financial and direct assistance to disaster survivors following a presidential declaration of emergency or major
disaster. In addition to the IHP, the Crisis Counseling Assistance and Training Program may be authorized pursuant to either disaster. In addition to the IHP, the Crisis Counseling Assistance and Training Program may be authorized pursuant to either
an emergency or major disaster declaration. The other forms of IA may only be authorized pursuant to a major disaster an emergency or major disaster declaration. The other forms of IA may only be authorized pursuant to a major disaster
declaration.declaration.
The IA program information included herein is based on FEMAThe IA program information included herein is based on FEMA's comprehensive IA program policy resource, the Individual s comprehensive IA program policy resource, the Individual
Assistance Program and Policy Guide (IAPPG), which was released in May 2021 and applies to emergencies and disasters Assistance Program and Policy Guide (IAPPG), which was released in May 2021 and applies to emergencies and disasters
declared on or after May 26, 2021 (previous versions of the guidance apply to disasters declared prior to this date). declared on or after May 26, 2021 (previous versions of the guidance apply to disasters declared prior to this date).
Additionally, FEMA has issued policy and program updates through a September 2, 2021, memorandum, various releases Additionally, FEMA has issued policy and program updates through a September 2, 2021, memorandum, various releases
and fact sheets, and an interim final rule changing its IHP regulations.and fact sheets, and an interim final rule changing its IHP regulations.
This report also briefly describes the IA factors considered when evaluating a governor or This report also briefly describes the IA factors considered when evaluating a governor or tribal chief executivechief executive's request for IA s request for IA
pursuant to a major disaster declaration. State, territory, and Indian tribal governments do not automatically receive a pursuant to a major disaster declaration. State, territory, and Indian tribal governments do not automatically receive a
presidential Stafford Act declaration, nor do they automatically receive IA, when a disaster occurs. Instead, the governor or presidential Stafford Act declaration, nor do they automatically receive IA, when a disaster occurs. Instead, the governor or
tribal chief executive must request that the President declare an emergency or major disaster and that IA be authorized. tribal chief executive must request that the President declare an emergency or major disaster and that IA be authorized.
FEMA then evaluates the governor or FEMA then evaluates the governor or tribal chief executivechief executive's request using set factors and provides a recommendation to the s request using set factors and provides a recommendation to the
President, who has sole discretion to authorize such a request. The evaluation of the IA factors, in addition to helping FEMA President, who has sole discretion to authorize such a request. The evaluation of the IA factors, in addition to helping FEMA
determine whether or not to recommend the President declare a major disaster, helps FEMA identify the types of IA that are determine whether or not to recommend the President declare a major disaster, helps FEMA identify the types of IA that are
needed.needed.
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link to page 4 link to page 5 link to page 5 link to page 6 link to page 6 link to page 7 link to page 7 link to page 7 link to page 8 link to page 8 link to page 9 link to page 10 link to page 13 link to page 16 link to page 16 link to page 10 link to page 19 link to page 20 link to page 21 FEMA Individual Assistance Programs: An Overview

Contents
Introduction ..................................................................................................................................... 1
Individual Assistance Programs ...................................................................................................... 2
Crisis Counseling Assistance and Training Program ................................................................ 2
Immediate Services Program (ISP) ..................................................................................... 3
Regular Services Program (RSP) ........................................................................................ 3

Disaster Case Management ....................................................................................................... 4
Immediate Disaster Case Management (IDCM) ................................................................. 4
Disaster Case Management (DCM) .................................................................................... 4

Disaster Legal Services ............................................................................................................. 5
Disaster Unemployment Assistance .......................................................................................... 5
Individuals and Households Program ....................................................................................... 6
Housing Assistance ............................................................................................................. 7
Other Needs Assistance..................................................................................................... 10
Mass Care and Emergency Assistance .................................................................................... 13
IA Factors for a Major Disaster Declaration ................................................................................. 13

Tables
Table 1. Types of Housing Assistance and Other Needs Assistance ............................................... 7
Table 2. IA Factors for a Governor’s Major Disaster Declaration Request ................................... 16
Table 3. IA Factors for a Chief Executive’s Major Disaster Declaration Request ........................ 17

Contacts
Author Information ........................................................................................................................ 18

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FEMA Individual Assistance Programs: An Overview

Introduction

Introduction

When a disaster occurs, the Federal Emergency Management Agency (FEMA) may assist disaster When a disaster occurs, the Federal Emergency Management Agency (FEMA) may assist disaster
survivors with their recovery when the Individual Assistance (IA) program is authorized pursuant survivors with their recovery when the Individual Assistance (IA) program is authorized pursuant
to a presidential declaration of emergency or major disaster under the Robert T. Stafford Disaster to a presidential declaration of emergency or major disaster under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (Stafford Act; P.L. 93-288, as amended; 42 U.S.C. §§5121 Relief and Emergency Assistance Act (Stafford Act; P.L. 93-288, as amended; 42 U.S.C. §§5121
et seq.).et seq.).11 This report provides brief descriptions of forms of IA, including the Crisis Counseling This report provides brief descriptions of forms of IA, including the Crisis Counseling
Assistance and Training Program (CCP);Assistance and Training Program (CCP);22 Disaster Case Management (DCM), Disaster Case Management (DCM),33 Disaster Legal Disaster Legal
Services (DLS);Services (DLS);44 Disaster Unemployment Assistance (DUA); Disaster Unemployment Assistance (DUA);55 and assistance for housing and/or and assistance for housing and/or
other needs (referred to as other needs assistance or ONA) through the Individuals and other needs (referred to as other needs assistance or ONA) through the Individuals and
Households Program (IHP).Households Program (IHP).66 Also included is a brief overview of Mass Care and Emergency Also included is a brief overview of Mass Care and Emergency
Assistance (MC/EA).Assistance (MC/EA).
All forms of IA may be authorized pursuant to a major disaster declaration; however, only the All forms of IA may be authorized pursuant to a major disaster declaration; however, only the
IHP and CCP may be authorized pursuant to either an emergency or major disaster declaration.IHP and CCP may be authorized pursuant to either an emergency or major disaster declaration.7
7 In addition, the IHP is the only form of FEMA assistance that provides grants directly to In addition, the IHP is the only form of FEMA assistance that provides grants directly to
individuals and households to support their disaster recovery by helping address their housing and individuals and households to support their disaster recovery by helping address their housing and
other needs (FEMA may also provide direct assistance for housing under the IHP). All forms of other needs (FEMA may also provide direct assistance for housing under the IHP). All forms of
IA are funded through the Disaster Relief Fund (DRF), which is managed by FEMA.IA are funded through the Disaster Relief Fund (DRF), which is managed by FEMA.8 The8 The federal federal
government provides 100% of the funding for CCP, DCM, DLS, DUA, and IHP-Housing government provides 100% of the funding for CCP, DCM, DLS, DUA, and IHP-Housing
Assistance. IHP-ONA, however, is subject to a statutorily set 75% federal and 25% nonfederal Assistance. IHP-ONA, however, is subject to a statutorily set 75% federal and 25% nonfederal
cost share, borne by the affected state, territory, or tribe. MC/EA services are funded under the cost share, borne by the affected state, territory, or tribe. MC/EA services are funded under the
Public Assistance program, and are subject to a cost share that shall be not less than 75% federal Public Assistance program, and are subject to a cost share that shall be not less than 75% federal
and 25% nonfederal, which may be adjusted.9

1 Disaster Relief Act of 1974 (P.L. 93-288) (retitled the Robert T. Stafford Disaster Relief and Emergency Assistance
Act—hereinafter Stafford Act—and codified, as amended, at 42 U.S.C. §§5121 et seq.). The Federal Emergency
Management Agency’s (FEMA’s) “How a Disaster Gets Declared” web page, available at https://www.fema.gov/
disasters/how-declared, provides additional information on the declaration process and the types of assistance that may
be authorized pursuant to a presidential declaration of emergency or major disaster (hereinafter FEMA, “How a
Disaster Gets Declared”). The Individual Assistance (IA) program is the focus of this report. For information on
FEMA’s other disaster assistance programs, including the Public Assistance (PA) program, which may provide grants
to sub-federal governments and certain private nonprofit organizations for emergency work following an emergency or
major disaster declaration, and permanent work following a major disaster declaration, see CRS In Focus IF11529, A
Brief Overview of FEMA’s Public Assistance Program
, by Erica A. Lee, and CRS Report R46749, FEMA’s Public
Assistance Program: A Primer and Considerations for Congress
, by Erica A. Lee. For additional information on
FEMA’s Hazard Mitigation Assistance (HMA) funds for mitigation and resiliency projects and programs to reduce the
threat or impacts of future disasters, see CRS Insight IN11187, Federal Emergency Management Agency (FEMA)
Hazard Mitigation Assistance
, by Diane P. Horn.
2 Stafford Act Section 416, 42 U.S.C. §5183.
3 Stafford Act Section 426, 42 U.S.C. §5189d.
4 Stafford Act Section 415, 42 U.S.C. §5182.
5 Stafford Act Section 410, 42 U.S.C. §5177.
6 Stafford Act Section 408, 42 U.S.C. §5174.
7 Stafford Act Section 502(a)(6), 42 U.S.C. §5192(a)(6), as amended by Section 7321 of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 (P.L. 117-263), which amended the Stafford Act to enable Crisis
Counseling to be authorized pursuant to an emergency declaration.
8 FEMA publishes monthly reports with information on the Disaster Relief Fund (DRF) and available funding. See
FEMA, “Disaster Relief Fund: Monthly Reports,” https://www.fema.gov/about/reports-and-data/disaster-relief-fund-
monthly-reports. For more information on the DRF and its history, see CRS Report R45484, The Disaster Relief Fund:
Overview and Issues
, by William L. Painter.
9 Stafford Act Section 403(b), 42 U.S.C. §5170b(b). For additional information on the federal cost share for disaster
assistance, see CRS Report R47646, Stafford Act Cost Shares: History, Trends, Analysis, by Erica A. Lee.
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FEMA Individual Assistance Programs: An Overview

and 25% nonfederal, which may be adjusted.9 The program-related information included in this report is based on FEMAThe program-related information included in this report is based on FEMA's guidance, which was s guidance, which was
released in May 2021. The released in May 2021. The Individual Assistance Program and Policy Guide (IAPPG) is FEMA is FEMA’s
's comprehensive IA program policy resource; it applies to emergencies and disasters declared on or comprehensive IA program policy resource; it applies to emergencies and disasters declared on or
after May 26, 2021 (previous versions of the guidance apply to disasters declared prior to this after May 26, 2021 (previous versions of the guidance apply to disasters declared prior to this
date).date).1010 FEMA has released additional program guidance, including via a September 2, 2021, FEMA has released additional program guidance, including via a September 2, 2021,
memorandum, which also is used with the memorandum, which also is used with the IAPPG..1111 Additionally, FEMA has issued policy and Additionally, FEMA has issued policy and
program updates through various releases and fact sheets, and an interim final rule changing its program updates through various releases and fact sheets, and an interim final rule changing its
IHP regulations.IHP regulations.12 12
In addition to an overview of the IA programs, this report briefly describes the process for In addition to an overview of the IA programs, this report briefly describes the process for
authorizing IA, focusing primarily on the factors FEMA considers when evaluating a governor or authorizing IA, focusing primarily on the factors FEMA considers when evaluating a governor or
tribal chief executivechief executive's request for a major disaster declaration that authorizes IA. The factors FEMA s request for a major disaster declaration that authorizes IA. The factors FEMA
considers when evaluating a governorconsiders when evaluating a governor's request for IA were revised via rulemaking and went into s request for IA were revised via rulemaking and went into
effect in June 2019, as required by Section 1109 of the Sandy Recovery Improvement Act of 2013 effect in June 2019, as required by Section 1109 of the Sandy Recovery Improvement Act of 2013
(SRIA, Division B of P.L. 113-2(SRIA, Division B of P.L. 113-2).13).13 The factors FEMA considers when evaluating a The factors FEMA considers when evaluating a tribal chief executive'chief
executive’s request for a major disaster declaration were updated in January 2017 with FEMAs request for a major disaster declaration were updated in January 2017 with FEMA’s
's release of the release of the Tribal Declarations Pilot Guidance..1414
Individual Assistance Programs
Various types of FEMA IA may be provided to disaster survivors.Various types of FEMA IA may be provided to disaster survivors.1515 The available IA options The available IA options
depend on the type of Stafford Act declaration, and the type(s) of IA requested by the governor or depend on the type of Stafford Act declaration, and the type(s) of IA requested by the governor or
tribal chief executive. tribal chief executive. BriefBrief descriptions of each form of IA are included below. descriptions of each form of IA are included below.
Crisis Counseling Assistance and Training Program1616
The Crisis Counseling Assistance and Training Program (CCP) supplements efforts to assist The Crisis Counseling Assistance and Training Program (CCP) supplements efforts to assist
disaster survivors and communities recovering from the effects of an emergency or major disaster

10 FEMA’s Individual Assistance Program and Policy Guide (IAPPG), v. 1.1, FP 104-009-03, May 2021, available at
https://www.fema.gov/sites/default/files/documents/fema_iappg-1.1.pdf (hereinafter FEMA, IAPPG), and related
guidance can be found at FEMA, “Individual Assistance Resource Library,” https://www.fema.gov/assistance/
individual/library.
11 Memorandum from Keith Turi, FEMA Assistant Administrator, Recovery Directorate to FEMA Regional
Administrators, “RE: Amendment to FP 104-009-03, Individual Assistance Program and Policy Guide, Version 1.1,”
September 2, 2021, pp. 9-10, https://www.fema.gov/sites/default/files/documents/fema_iappg-policy-amendments-
memo.pdf (hereinafter Memorandum from Keith Turi RE: Amendment to the IAPPG).
12 Department of Homeland Security (DHS)/FEMA, “Individual Assistance Program Equity,” 89 Federal Register
3990-4125, January 22, 2024.
13 44 C.F.R. §206.48(b).
14 FEMA, Tribal Declarations Pilot Guidance, January 2017, pp. 36-38, https://www.fema.gov/sites/default/files/2020-
04/tribal-declaration-pilot-guidance.pdf (hereinafter FEMA, Tribal Declarations Pilot Guidance). Section 1110 of the
Sandy Recovery Improvement Act of 2013 (SRIA, Division B of P.L. 113-2) authorized tribal chief executives to
request presidential Stafford Act declarations.
15 For a brief reference on FEMA’s IA programs, see CRS In Focus IF11298, A Brief Overview of FEMA’s Individual
Assistance Program
, by Elizabeth M. Webster; see also CRS Infographic IG10024, How FEMA Individual Assistance
Works
, by Elizabeth M. Webster. For additional information on FEMA’s IA programs, as well as other federal
assistance for disaster response and recovery, see CRS Report RL31734, Federal Disaster Assistance Response and
Recovery Programs: Brief Summaries
, coordinated by Maura Mullins.
16 42 U.S.C. §5183; 44 C.F.R. §206.171; see also FEMA, IAPPG, pp. 203-233; Substance Abuse and Mental Health
Services Administration (SAMHSA), “Crisis Counseling Assistance and Training Program (CCP),”
https://www.samhsa.gov/dtac/ccp; SAMHSA, “Crisis Counseling Assistance and Training Program (CCP) Toolkit,”
(continued...)
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disaster survivors and communities recovering from the effects of an emergency or major disaster through community-based outreach and the provision of services, such as crisis counseling, through community-based outreach and the provision of services, such as crisis counseling,
psycho-education, coping skills development, and linking disaster survivors with other resources, psycho-education, coping skills development, and linking disaster survivors with other resources,
such as individuals and agencies that help survivors in the recovery process.such as individuals and agencies that help survivors in the recovery process.17
17 Following a presidential emergency or major disaster declaration, FEMA may provide CCP grant Following a presidential emergency or major disaster declaration, FEMA may provide CCP grant
funding to enable local, state, territory, and tribal government mental health agencies to provide funding to enable local, state, territory, and tribal government mental health agencies to provide
CCP services or contract with local or private mental health service providers to offer CCP CCP services or contract with local or private mental health service providers to offer CCP
services.services.1818 CCP also funds training for individuals providing such counseling services. CCP also funds training for individuals providing such counseling services.1919 In order In order
for CCP to be made available, the state, territory, or tribe must conduct a needs assessment within for CCP to be made available, the state, territory, or tribe must conduct a needs assessment within
10 days of the declaration authorizing IA, and submit a federal award application (which FEMA, 10 days of the declaration authorizing IA, and submit a federal award application (which FEMA,
in coordination with the Substance Abuse and Mental Health Services Administration, must in coordination with the Substance Abuse and Mental Health Services Administration, must
approve).approve).2020 As the program supplements state, territory, tribal, and local resources, the affected As the program supplements state, territory, tribal, and local resources, the affected
government’government's CCP application must demonstrate that the need for CCP services exceeds the s CCP application must demonstrate that the need for CCP services exceeds the
capacity of state, territory, tribal, and local resources.capacity of state, territory, tribal, and local resources.21 21
The CCP provides short- to intermediate-term assistance to support mental and emotional health The CCP provides short- to intermediate-term assistance to support mental and emotional health
needs. Two separate CCP programs provide assistance for different lengths of time:needs. Two separate CCP programs provide assistance for different lengths of time:2222
Immediate Services Program (ISP)
Immediate Services Program (ISP) funding is provided for up to 60 days following the approval Immediate Services Program (ISP) funding is provided for up to 60 days following the approval
of IA for a major disaster, and can continue for 30 additional days if an affected of IA for a major disaster, and can continue for 30 additional days if an affected
state/territory/tribe has submitted an application for the Regular Services Program.state/territory/tribe has submitted an application for the Regular Services Program.2323
Regular Services Program (RSP)
Regular Services Program (RSP) funding is provided for up to nine months following the date of Regular Services Program (RSP) funding is provided for up to nine months following the date of
the notice of award, and can be extended for up to 90 days due to extraordinary circumstance or the notice of award, and can be extended for up to 90 days due to extraordinary circumstance or
for more than 90 days if FEMA determines such an extension of the period of performance is in for more than 90 days if FEMA determines such an extension of the period of performance is in
the public interest.the public interest.2424 ISP participation is not a prerequisite for the RSP. ISP participation is not a prerequisite for the RSP.25 25
The CCP regulations and guidance specify the application deadlines (i.e., no later than 14 days The CCP regulations and guidance specify the application deadlines (i.e., no later than 14 days
following the major disaster declaration for the ISP, and no later than 60 days after the declaration following the major disaster declaration for the ISP, and no later than 60 days after the declaration
for the RSP),for the RSP),2626 and timing for the availability of the above-referenced program funding; however, and timing for the availability of the above-referenced program funding; however,

https://www.samhsa.gov/dtac/ccp-toolkit; and FEMA, Crisis Counseling Assistance and Training Program Guidance:
CCP Application Toolkit
, Version 5.3, April 2023, https://www.samhsa.gov/sites/default/files/dtac/ccptoolkit/fema-
ccp-guidance.pdf (hereinafter FEMA, CCP Application Toolkit).
17 FEMA, IAPPG, p. 8. Figure 40 in FEMA’s IAPPG lists and describes the available Crisis Counseling Assistance and
Training Program (CCP)-funded services (see FEMA, IAPPG, p. 206).
18 42 U.S.C. §5183(a); FEMA, IAPPG, p. 203; FEMA, CCP Application Toolkit, p. 1.
19 42 U.S.C. §5183(b).
20 FEMA, IAPPG, pp. 207, 214, and 222; FEMA, CCP Application Toolkit, pp. 2-3.
21 FEMA, Disaster Operations Legal Reference, v. 4.0, September 25, 2020, p. 6-99 (hereinafter FEMA, Disaster
Operations Legal Reference
).
22 The CCP Immediate Services Program (ISP) is described 44 C.F.R. §206.171(f) and FEMA, IAPPG, pp. 209-217.
The CCP Regular Services Program (RSP) is described 44 C.F.R. §206.171(g) and FEMA, IAPPG, pp. 218-225.
23 44 C.F.R. §206.171(f)(4)(i) and (ii); FEMA, CCP Application Toolkit, p. 2.
24 44 C.F.R. §206.171(g)(4)(i); FEMA, CCP Application Toolkit, p. 3.
25 FEMA, IAPPG, p. 208.
26 44 C.F.R. §206.171(f)(1) and (g)(1).
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as noted, funding time extensions may be approved if requested by the state, territory, or tribe and as noted, funding time extensions may be approved if requested by the state, territory, or tribe and
approved by federal officials.approved by federal officials.
Disaster Case Management2727
The Disaster Case Management (DCM) program partners case managers with disaster survivors The Disaster Case Management (DCM) program partners case managers with disaster survivors
to develop and implement disaster recovery plans that address the disaster survivorsto develop and implement disaster recovery plans that address the disaster survivors' unmet unmet
needs, including by providing disaster survivors with a single point of contact to access recovery needs, including by providing disaster survivors with a single point of contact to access recovery
resources.resources.28
28 Following a presidential major disaster declaration, FEMA may provide DCM. There are two Following a presidential major disaster declaration, FEMA may provide DCM. There are two
DCM programs that are implemented differently and which provide assistance for different DCM programs that are implemented differently and which provide assistance for different
lengths of time:lengths of time:2929
Immediate Disaster Case Management (IDCM)
FEMA-administered Immediate Disaster Case Management (IDCM)FEMA-administered Immediate Disaster Case Management (IDCM)3030 provides short-term provides short-term
services to address immediate disaster-caused unmet needs, and refer disaster survivors to services to address immediate disaster-caused unmet needs, and refer disaster survivors to
resources. It is focused on the early steps, such as outreach, and development of an individual resources. It is focused on the early steps, such as outreach, and development of an individual
recovery plan.recovery plan.3131 The period of performance may be 90-180 days (when cases are transferred to The period of performance may be 90-180 days (when cases are transferred to
the Disaster Case Management program or local providers), unless an extension is authorized due the Disaster Case Management program or local providers), unless an extension is authorized due
to extraordinary circumstances.to extraordinary circumstances.
FEMA directly implements, administers, and oversees the IDCM program, in coordination with FEMA directly implements, administers, and oversees the IDCM program, in coordination with
the affected state, territory, or tribal government, which can be done, including through a mission the affected state, territory, or tribal government, which can be done, including through a mission
assignment to federal agencies for case management, an interagency agreement with national-assignment to federal agencies for case management, an interagency agreement with national-
level case management partners, a FEMA contract, or direct hiring of case managers.level case management partners, a FEMA contract, or direct hiring of case managers.3232 FEMA- FEMA-
administered IDCM does not require a request from the affected state, territory, or tribe; FEMA administered IDCM does not require a request from the affected state, territory, or tribe; FEMA
makes its determinization on whether IDCM is required based on factors that include makes its determinization on whether IDCM is required based on factors that include "the size of the size of
the impacted populations and the scope of the disaster, as well as the ability of local resources to the impacted populations and the scope of the disaster, as well as the ability of local resources to
adequately meet the immediate disaster-caused unmet needs of survivors.adequately meet the immediate disaster-caused unmet needs of survivors.”33
"33 Disaster Case Management (DCM)
Federally funded, state/territory/tribe-managed DCM provides longer-term services, with a period Federally funded, state/territory/tribe-managed DCM provides longer-term services, with a period
of performance of up to 24 months from the declaration date, which may be extended for 90 days of performance of up to 24 months from the declaration date, which may be extended for 90 days
pursuant to a written request by the nonfederal entity, with FEMApursuant to a written request by the nonfederal entity, with FEMA's approval.s approval.
FEMA may provide DCM grant funding to local, state, territory, and tribal governments or FEMA may provide DCM grant funding to local, state, territory, and tribal governments or
qualified private organizations to supplement existing case management capabilities by funding to supplement existing case management capabilities by funding
the provision of services, or allowing local, state, territory, and tribal governments to contract the provision of services, or allowing local, state, territory, and tribal governments to contract

27 42 U.S.C. §5189d; see also FEMA, IAPPG, pp. 183-202; and FEMA, “Disaster Case Management Toolbox,”
https://www.fema.gov/assistance/individual/disaster-survivors/disaster-case-management-toolbox.
28 FEMA, IAPPG, p. 183.
29 The Immediate Disaster Case Management (IDCM) program is discussed in FEMA’s IAPPG from pages 186-187,
and the Disaster Case Management (DCM) program is discussed from pages 188-202.
30 FEMA, IAPPG, p. 186.
31 FEMA, IAPPG, p. 186.
32 FEMA, IAPPG, p. 186.
33 Email correspondence from FEMA Congressional Affairs staff, April 17, 2024 (quoting FEMA, IAPPG, p. 185).
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with local providers to provide disaster case management.34with local providers to provide disaster case management.34 In order for DCM to be made In order for DCM to be made
available, the nonfederal entity must conduct a needs assessment, and submit a federal award available, the nonfederal entity must conduct a needs assessment, and submit a federal award
application within 90 days of the major disaster declaration Authorizing IA (which FEMA must application within 90 days of the major disaster declaration Authorizing IA (which FEMA must
approve).approve).3535 As the program supplements state, territory, tribal, and local resources, the nonfederal As the program supplements state, territory, tribal, and local resources, the nonfederal
entity’entity's DCM application must demonstrate that the need for DCM services exceeds the capacity s DCM application must demonstrate that the need for DCM services exceeds the capacity
of state, territory, tribal, and local resources.of state, territory, tribal, and local resources.36 36
IDCM is not a prerequisite for DCM.IDCM is not a prerequisite for DCM.3737
Disaster Legal Services3838
Through the Disaster Legal Services (DLS) program, attorneys provide legal advice, counseling, Through the Disaster Legal Services (DLS) program, attorneys provide legal advice, counseling,
and representation in non-fee-generating cases, for free to low-income individuals who require and representation in non-fee-generating cases, for free to low-income individuals who require
them in order to secure Stafford Act benefits or make claims arising out of a major disaster.them in order to secure Stafford Act benefits or make claims arising out of a major disaster.3939 For For
example, assistance may include replacing disaster-destroyed legal documents, help with home example, assistance may include replacing disaster-destroyed legal documents, help with home
repair contracts and contractors, and appeals of FEMA decisions.repair contracts and contractors, and appeals of FEMA decisions.40
40 Following a presidential major disaster declaration, Disaster Legal Services are provided through Following a presidential major disaster declaration, Disaster Legal Services are provided through
an agreement FEMA has with the American Bar Associationan agreement FEMA has with the American Bar Association's Young Lawyers Division, when s Young Lawyers Division, when
requested by an affected local, state, territory, or tribal government.requested by an affected local, state, territory, or tribal government.4141 Disaster survivors can Disaster survivors can
access such assistance via a local toll-free hotline and through Disaster Recovery Centers.access such assistance via a local toll-free hotline and through Disaster Recovery Centers.42
42 Disaster Legal Services are provided until they are no longer needed.Disaster Legal Services are provided until they are no longer needed.4343
Disaster Unemployment Assistance4444
The Disaster Unemployment Assistance (DUA) program allows the affected state or territoryThe Disaster Unemployment Assistance (DUA) program allows the affected state or territory’s
's unemployment compensation (UC) agency (or the state UC agency on behalf of a tribe receiving unemployment compensation (UC) agency (or the state UC agency on behalf of a tribe receiving
a declaration) to provide temporary DUA benefits for up to 26 weeks following the declaration of a declaration) to provide temporary DUA benefits for up to 26 weeks following the declaration of
a major disaster to individuals who were previously employed or self-employed, were rendered a major disaster to individuals who were previously employed or self-employed, were rendered
jobless or whose employment was interrupted as a direct result of a presidentially declared major

34 FEMA provides funding for the DCM program, which is implemented through a grant or cooperative agreement (the
cooperative agreement may be used when substantial FEMA involvement is anticipated) (FEMA, IAPPG, p. 185).
DCM defines a qualified private organization as “any non-governmental organization or entity that currently has an
effective ruling letter from the U.S. Internal Revenue Service, granting tax exemption under Sections 501(c) of Internal
Revenue Code of 1954, or satisfactory evidence from the state, territorial, or tribal government that the nonrevenue
producing organization or entity is a nonprofit one organized or doing business under state, territorial, or tribal
government law and that has experience providing case management services” (FEMA, IAPPG, p. 183).
35 FEMA, IAPPG, pp. 191-192; FEMA, Disaster Operations Legal Reference, p. 6-96. The nonfederal entity may
request an extension of the deadline to submit the Disaster Case Management award application within 60 days of the
major disaster declaration.
36 FEMA, IAPPG, p. 188.
37 FEMA, IAPPG, p. 186.
38 42 U.S.C. §5182; 44 C.F.R. §206.164; see also FEMA, IAPPG, pp. 235-237.
39 44 C.F.R. §206.164(a) and (e). For the purposes of Disaster Legal Services (DLS), low-income disaster survivors are
those “who have insufficient resources to secure adequate legal services, whether the insufficiency existed prior to or
resulted from the major disaster” (FEMA, IAPPG, p. 236).
40 FEMA, IAPPG, pp. 8 and 235.
41 FEMA, IAPPG, p. 8.
42 FEMA, IAPPG, p. 237.
43 FEMA, IAPPG, p. 235. FEMA’s statute and regulations do not establish time limitation for Disaster Legal Services.
44 42 U.S.C. §5177; 44 C.F.R. §206.141; see also FEMA, IAPPG, pp. 239-243.
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jobless or whose employment was interrupted as a direct result of a presidentially declared major disaster, and who are ineligible for regular unemployment compensation.disaster, and who are ineligible for regular unemployment compensation.4545 DUA may also DUA may also
provide re-employment assistance.provide re-employment assistance.46
46 Following a presidential major disaster declaration, the affected state, territory, or tribal Following a presidential major disaster declaration, the affected state, territory, or tribal
government may apply for funding for the DUA program.government may apply for funding for the DUA program.4747 The program is overseen by the U.S. The program is overseen by the U.S.
Department of Labor, and administered by the affected state or territoryDepartment of Labor, and administered by the affected state or territory's UC agency. FEMA s UC agency. FEMA
provides the funding for DUA.provides the funding for DUA.
Individuals and Households Program4848
When the Individuals and Households Program (IHP) is authorized pursuant to a presidential When the Individuals and Households Program (IHP) is authorized pursuant to a presidential
emergency or major disaster declaration, FEMA may provide financial and/or direct assistance 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 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 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 necessary expenses and serious needs that cannot be met through other means or forms of
assistance.assistance.4949 The IHP is intended to meet basic needs and support recovery efforts, but it does not The IHP is intended to meet basic needs and support recovery efforts, but it does not
compensate disaster survivors for all losses and it is not intended to be a substitute for insurance. compensate disaster survivors for all losses and it is not intended to be a substitute for insurance.
There are additional limits on IHP assistance, including that some forms of IHP assistance are There are additional limits on IHP assistance, including that some forms of IHP assistance are
subject to time-based limitations, and IHP awards for Financial Housing Assistance and ONA are subject to time-based limitations, and IHP awards for Financial Housing Assistance and ONA are
subject to statutory funding caps that limit the amount of financial assistance an individual or subject to statutory funding caps that limit the amount of financial assistance an individual or
household may receive for a single emergency or major disaster.household may receive for a single emergency or major disaster.50
50 Disaster survivors must apply for IHP assistance, and IHP applicants must meet general eligibility Disaster survivors must apply for IHP assistance, and IHP applicants must meet general eligibility
requirements.requirements.5151 Additionally, each type of IHP assistance also requires that additional eligibility Additionally, each type of IHP assistance also requires that additional eligibility
conditions be met, and may require additional documentation. The types of IHP Housing conditions be met, and may require additional documentation. The types of IHP Housing
Assistance and Other Needs Assistance (ONA) are listed Assistance and Other Needs Assistance (ONA) are listed inin Table 1. Table 1. Types of Housing Assistance and Other Needs Assistance

Housing Assistance: Financial

Housing Assistance: Direct

ONA

Lodging Expense Reimbursement

Rental Assistance

Home Repair Assistance

Home Replacement Assistance

Multi-Family Lease and Repair

Transportable Temporary Housing Units

Direct Lease

Permanent Housing Construction

Serious Needs Assistance

Displacement Assistance

Personal Property Assistance

Transportation Assistance

Group Flood Insurance Policy

Funeral Assistance

Medical and Dental Assistance

Childcare Assistance

Assistance for Miscellaneous Items

Moving and Storage Assistance

Clean and Sanitize Assistance

Sources: CRS's interpretation of "Figure 5: Housing Assistance" and "
Table 1.


45 FEMA, IAPPG, p. 239. For more information on DUA, see CRS Report RS22022, Disaster Unemployment
Assistance (DUA)
, by Julie M. Whittaker.
46 FEMA, IAPPG, p. 239.
47 FEMA, IAPPG, p. 243.
48 42 U.S.C. §5174; 44 C.F.R. §§206.110-120; see also FEMA, IAPPG, pp. 41-182. For additional, detailed
information on the Individuals and Households Program (IHP), see CRS Report R47015, FEMA’s Individuals and
Households Program (IHP)—Implementation and Considerations for Congress
, by Elizabeth M. Webster; and for a
brief overview of the IHP, see CRS In Focus IF12049, FEMA’s Individuals and Households Program (IHP), by
Elizabeth M. Webster.
49 FEMA, IAPPG, p. 41.
50 42 U.S.C. §5174(h). Assistance for housing-related needs may not exceed $42,500 (FY2024; adjusted annually), and
assistance for other needs assistance (ONA) may not exceed $42,500 (FY2024; adjusted annually). Additionally, ONA
may be somewhat limited because some ONA-eligible items and amounts available to be awarded are predetermined
by FEMA and the state, territorial, or Indian tribal government. Financial assistance to rent alternate housing
accommodations and financial assistance for accessibility-related real and personal property costs are not subject to the
cap. DHS/FEMA, “Notice of Maximum Amount of Assistance Under the Individuals and Households Program,” 88
Federal Register
72520, October 20, 2023.
51 FEMA, IAPPG, p. 46.
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Table 1. Types of Housing Assistance and Other Needs Assistance
Housing Assistance: Financial
Housing Assistance: Direct
ONA
Lodging Expense Reimbursement
Multi-Family Lease and Repair
Serious Needs Assistance
Rental Assistance
Transportable Temporary Housing
Displacement Assistance
Home Repair Assistance
Units
Personal Property Assistance
Home Replacement Assistance
Direct Lease
Transportation Assistance
Permanent Housing Construction
Group Flood Insurance Policy
Funeral Assistance
Medical and Dental Assistance
Childcare Assistance
Assistance for Miscellaneous Items
Moving and Storage Assistance
Clean and Sanitize Assistance
Sources: CRS’s interpretation of “Figure 5: Housing Assistance” and “Figure 28: Other Needs Assistance, Non-Figure 28: Other Needs Assistance, Non-
SBA-Dependent and SBA-DependentSBA-Dependent and SBA-Dependent" of the of the FEMA FEMA Individual Assistance Program and Policy Guide (IAPPG), v. 1.1, FP , 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; 104-009-03, May 2021, pp. 44 and 146, https://www.fema.gov/sites/default/files/documents/fema_iappg-1.1.pdf;
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, Administrators, "RE: Amendment to FP 104-009-03, Individual Assistance Program and Policy Guide, Version RE: Amendment to FP 104-009-03, Individual Assistance Program and Policy Guide, Version
1.1,1.1," September 2, 2021, pp. 11-12, https://www.fema.gov/sites/default/files/documents/fema_iappg-policy- September 2, 2021, pp. 11-12, https://www.fema.gov/sites/default/files/documents/fema_iappg-policy-
amendments-memo.pdfamendments-memo.pdf; ; DHS/FEMA, DHS/FEMA, "Individual Assistance Program Equity,Individual Assistance Program Equity," 89 89 Federal Register 3990-4125, 3990-4125,
January 22, 2024; and FEMA, January 22, 2024; and FEMA, "Voluntary Organization Information Sharing for Engagement VOISE Partner Call: Voluntary Organization Information Sharing for Engagement VOISE Partner Call:
Reforming Individual Assistance,Reforming Individual Assistance," January 25, 2023 (see slide on January 25, 2023 (see slide on "The Future of FEMA Individual AssistanceThe Future of FEMA Individual Assistance”).
"). Note: The different types of Housing Assistance may constitute either financial or direct assistance; however, all 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.types of Other Needs Assistance (ONA) are forms of financial assistance.
Housing Assistance
FEMA has many different types of housing assistance that it can employ, depending on the FEMA has many different types of housing assistance that it can employ, depending on the
disaster-caused housing needs of affected individuals and households. Options may include disaster-caused housing needs of affected individuals and households. Options may include
Financial Housing Assistance (i.e., a grant of money) and/or Direct Housing Assistance (i.e., a Financial Housing Assistance (i.e., a grant of money) and/or Direct Housing Assistance (i.e., a
place to live temporarily). The appropriate type of housing assistance depends on considerations place to live temporarily). The appropriate type of housing assistance depends on considerations
of of "cost effectiveness,cost effectiveness,” “" "convenience to the individuals and households,convenience to the individuals and households," and and "the suitability and the suitability and
availability of the types of assistance.availability of the types of assistance.”52"52 Other relevant considerations relate to the individual or Other relevant considerations relate to the individual or
household’s “household's "disaster-caused losses, access to life-sustaining services, cost-effectiveness, and disaster-caused losses, access to life-sustaining services, cost-effectiveness, and
other factors.other factors.”53"53 In addition, individuals and households may require multiple types of housing In addition, individuals and households may require multiple types of housing
assistance when a disaster affects their homeassistance when a disaster affects their home's habitability.s habitability.5454 The following two sections briefly The following two sections briefly
describe each type of Housing Assistance, and are organized by subcategory.

52 42 U.S.C. §5174(b)(2)(A); 44 C.F.R. §206.110(c).
53 FEMA, IAPPG, p. 43. See also 44 C.F.R. §206.117(b). With regard to other factors, for example, some forms of IHP
assistance consider access to wrap-around services, which FEMA states in its guidance may include “basic social
services, access to transportation, police/fire protection, emergency/health care services, communications, utilities,
grocery stores, child care, and educational institutions” (FEMA, IAPPG, p. 117).
54 42 U.S.C. §5174(b) and (c); 44 C.F.R. §206.110(c); and FEMA, IAPPG, pp. 78 and 93. FEMA’s defines
“uninhabitable” as “mean[ing] the dwelling is not safe or sanitary” (44 C.F.R. §206.111).
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describe each type of Housing Assistance, and are organized by subcategory. Financial Housing Assistance
Financial Housing Assistance is grant funding provided by FEMA directly to the eligible Financial Housing Assistance is grant funding provided by FEMA directly to the eligible
individual or household.individual or household.5555 Home Repair and Home Replacement Assistance are subject to the Home Repair and Home Replacement Assistance are subject to the
limit on the maximum amount of financial assistance an individual or household is eligible to limit on the maximum amount of financial assistance an individual or household is eligible to
receive.receive.5656
Lodging Expense Reimbursement (LER) reimburses eligible individuals for reimburses eligible individuals for
out-of-pocket short-term lodging costs and taxes when the applicant is displaced out-of-pocket short-term lodging costs and taxes when the applicant is displaced
from their primary residence because an emergency or major disaster rendered it from their primary residence because an emergency or major disaster rendered it
uninhabitable or inaccessible.uninhabitable or inaccessible.57
57 Rental Assistance (including Initial Rental Assistance and Continued
Temporary Housing Assistance) providesprovides eligible individuals witheligible individuals with funding to funding to
rent alternate housing accommodations, including funding for rent, essential rent alternate housing accommodations, including funding for rent, essential
utilities, and a security deposit, while the applicant is displaced from their utilities, and a security deposit, while the applicant is displaced from their
primary residence because it is uninhabitable, inaccessible, affected by a utility primary residence because it is uninhabitable, inaccessible, affected by a utility
outage, or unavailable.outage, or unavailable.5858 There are two types of Rental Assistance: There are two types of Rental Assistance:
Initial Rental Assistance allows FEMA to provide up to two months of allows FEMA to provide up to two months of
assistance.assistance.
Continued Temporary Housing Assistance allows FEMA to provide allows FEMA to provide
assistance for up to 18 months or until the end of the 18-month period of assistance for up to 18 months or until the end of the 18-month period of
assistance, whichever comes first (this includes the period of time during assistance, whichever comes first (this includes the period of time during
which Initial Rental Assistance was provided), plus a security deposit. The which Initial Rental Assistance was provided), plus a security deposit. The
period of assistance may be extended at the written request of the affected period of assistance may be extended at the written request of the affected
state, territory, or Indian tribal government.state, territory, or Indian tribal government.59
59 Home Repair Assistance providesprovides funding to eligible homeowners to repairfunding to eligible homeowners to repair an an
owner-occupied primary residence, utilities, and residential infrastructure (e.g., owner-occupied primary residence, utilities, and residential infrastructure (e.g.,
privately owned access routes) to make the disaster survivorsprivately owned access routes) to make the disaster survivors' home home "safe, safe,
sanitary, or functional.sanitary, or functional.”60"60 Home Repair Assistance may also provide funding for Home Repair Assistance may also provide funding for
selected mitigation measures that make the housing more resilient.61

55 FEMA, IAPPG, p. 43.
56 42 U.S.C. §5174(h)(1) and (4)(A).
57 FEMA, IAPPG, pp. 78-79.
58 FEMA, IAPPG, p. 80. The FEMA IAPPG states that FEMA uses the applicable Fair Market Rent (FMR) rate, which
is based on the housing unit’s location, number of bedrooms, and the fiscal year of the major disaster declaration
(FEMA, IAPPG, p. 109 (see “Fair Market Rent (FMR)” text box)). HUD’s Office of Policy Development and Research
(PD&R) posts FMR information at https://www.huduser.gov/portal/datasets/fmr.html.
59 44 C.F.R. §206.110(e); FEMA, IAPPG, p. 80; FEMA, Disaster Operations Legal Reference, pp. 6—23-24 (it states,
“Although Stafford Act Section 408 refers to only an 18-month temporary housing assistance, FEMA’s implementing
regulations apply this period of assistance to all of IHP” and “The Assistant Administrator for Recovery may extend
this period if he/she determines that due to extraordinary circumstances, an extension would be in the public interest”).
60 FEMA, IAPPG, p. 85. A non-exhaustive list of real property components that are eligible for repair is included in the
FEMA IAPPG on page 86. It includes components such as the structural components of a home (e.g., foundation,
exterior walls, and roof). Additionally, assistance to repair real property components impacted by disaster-caused mold
growth is eligible for Home Repair Assistance (Memorandum from Keith Turi RE: Amendment to the IAPPG, pp. 9-
10,).
61 FEMA, “Hazard Mitigation Under the Individuals and Households Program,” release, June 10, 2021,
https://www.fema.gov/fact-sheet/hazard-mitigation-under-individuals-and-households-program; FEMA “FEMA to
Provide Additional Hazard Mitigation Funds to Help Homeowners Affected by Wildfires,” release HQ-22-089, July
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selected mitigation measures that make the housing more resilient.61 Home Replacement Assistance providesprovides funding to eligible homeowners to help funding to eligible homeowners to help
replace a disaster-destroyed owner-occupied primary residence. The funding can replace a disaster-destroyed owner-occupied primary residence. The funding can
be applied toward the purchase of a new permanent residence that exceeds the be applied toward the purchase of a new permanent residence that exceeds the
maximum award amount.maximum award amount.62
62When FEMAWhen FEMA's Financial Housing Assistance programs are unable to meet the disaster-caused s Financial Housing Assistance programs are unable to meet the disaster-caused
housing needs of individuals and households, FEMA may authorize a state, territory, or Indian housing needs of individuals and households, FEMA may authorize a state, territory, or Indian
tribal governmenttribal government's request for Direct Housing Assistance.s request for Direct Housing Assistance.
Direct Housing Assistance
Direct Housing Assistance is housing provided to the individual or household by FEMA.Direct Housing Assistance is housing provided to the individual or household by FEMA.6363 Direct Direct
Housing Assistance is not subject to the limit on the maximum amount of financial assistance an Housing Assistance is not subject to the limit on the maximum amount of financial assistance an
individual or household is eligible to receive. However, FEMA may only provide Direct Housing individual or household is eligible to receive. However, FEMA may only provide Direct Housing
Assistance when Rental Assistance (a type of IHP Financial Housing Assistance) is unavailable or Assistance when Rental Assistance (a type of IHP Financial Housing Assistance) is unavailable or
is insufficient.is insufficient.64
64 Multifamily Lease and Repair (MLR) temporarily places eligible individuals in temporarily places eligible individuals in
a FEMA-leased, currently existing, vacant multi-family housing unit (e.g., an a FEMA-leased, currently existing, vacant multi-family housing unit (e.g., an
apartment in a building that FEMA has leased; FEMA must have exclusive use of apartment in a building that FEMA has leased; FEMA must have exclusive use of
the property for temporary housing for a period of not less than 18 months from the property for temporary housing for a period of not less than 18 months from
the declaration date) that FEMA has repaired or improved, if needed (e.g., to the declaration date) that FEMA has repaired or improved, if needed (e.g., to
make a unit accessible).make a unit accessible).6565 MLR is not intended to make repairs or improvements MLR is not intended to make repairs or improvements
to multi-family housing units for the purpose of rehousing existing tenants.to multi-family housing units for the purpose of rehousing existing tenants.66
66 Transportable Temporary Housing Units (TTHUs) temporarily places eligible temporarily places eligible
individuals in FEMA-purchased or leased temporary housing units (i.e., individuals in FEMA-purchased or leased temporary housing units (i.e.,
Recreational Vehicles (RVs) or Manufactured Housing Units (MHUs)).67 TTHU

28, 2022, https://www.fema.gov/press-release/20220728/fema-provide-additional-hazard-mitigation-funds-help-
homeowners-affected.
62 FEMA, IAPPG, p. 91. FEMA calculates the award amount using the consumer price index data for the types of
housing in the area where the damage occurred (the type of pre-disaster home could include a “manufactured home,
travel trailer, houseboat, or residential construction (e.g., single-family home).”
63 On July 28, 2020, FEMA announced the publication of the State-Administered Direct Housing Grant Guide,
available at https://www.fema.gov/sites/default/files/2020-07/fema_state-administered-direct-housing-grant-
guide_DRRA1211_July2020.pdf, which made state, local, tribal and territory governments eligible to receive grants to
provide Direct Housing Assistance for a limited period of time; this pilot grant program concluded on October 5, 2020.
The State-Administered Direct Housing Grant Guide states that FEMA will implement a permanent grant program
after issuing final regulations. As of December 2021, FEMA has not yet begun the rulemaking process (email
correspondence from FEMA Congressional Affairs staff, December 6, 2021).
64 Direct Housing Assistance must be requested in writing by the affected state, territory, or tribal government, and is
only available when: (1) Rental Assistance cannot be used due to insufficient available housing resources; (2)
increasing the Rental Assistance rate to 125% of the HUD Fair Market Rent (FMR) will not be sufficient to meet the
housing needs; and (3) assistance from other providers (e.g., government and voluntary organizations) is insufficient to
meet the housing needs. FEMA, IAPPG, p. 94.
65 FEMA, IAPPG, p. 107. Following Hurricane Sandy, Section 1103 of the Sandy Recovery Improvement Act of 2013
(Division B of P.L. 113-2) formalized FEMA’s Multi-Family Lease and Repair (MLR) program.
66 FEMA, IAPPG, p. 107.
67 The types of Transportable Temporary Housing Units (TTHUs) include Recreational Vehicles (RVs) or
Manufactured Housing Units (MHUs). MHUs are built to meet the construction and safety standards set forth by HUD
at 24 C.F.R. Part 3280. A manufactured home is defined in 24 C.F.R. §3280.2 as “... a structure, transportable in one or
more sections ... and which is built on a permanent chassis and designed to be used as a dwelling with or without a
permanent foundation when connected to the required utilities.... ” The IAPPG provides additional information on the
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sites must meet specific requirements that include (1) providing access to
available and functional utilities;68 (2) complying with government ordinances;
and (3) satisfying federal floodplain management and Environmental Planning
and Historic Preservation (EHP) compliance review requirements.69 FEMA’s
guidance states that “FEMA selects locations based on the cost-effectiveness,
timeliness, and suitability of each potential site.”70 Sites can include private sites
(i.e., a site provided by the applicant—typically the applicant’s property),
commercial sites (i.e., existing manufactured home parks), or group sites (i.e., a
site provided by the local, state, territory, or tribal government, such as a public
park—this option is only considered when the temporary housing need cannot be
met by the other direct temporary housing options).71
Direct Lease temporarily places eligible individuals in FEMA-leased residential
properties that are not typically available to the general public (e.g., a vacation
rental).72
Permanent Housing Construction (PHC) is a last resort that is used to provide
financial or direct assistance for permanent or semi-permanent housing, and can
include repairs or new home construction.73 PHC is only available “in insular
areas outside the continental U.S.” or “in other locations where no alternative
housing resources are available and other types of Temporary Housing Assistance
are unavailable, infeasible or not cost-effective.”74
Other Needs Assistance
Other Needs Assistance (ONA) provides eligible individuals with a grant of financial assistance
for their other disaster-related necessary expenses and serious needs.75 There are several
limitations on the amount of ONA an individual or household is eligible to receive. Applicants
may receive up to the maximum amount of financial assistance for ONA.76 Additionally, available

certification standards that FEMA-provided RVs and MHUs must meet (FEMA, IAPPG, pp. 112-113; see 24 C.F.R.
§§3280 et seq. for the Manufactured Home Construction and Safety Standards).
68 FEMA, IAPPG, pp. 113-116. Utilities include available and functional sanitation, electrical service, and potable
water service.
69 FEMA, IAPPG, p. 112.
70 FEMA, IAPPG, p. 112.
71 FEMA, IAPPG, pp. 113-115.
72 FEMA, IAPPG, pp. 124-125. FEMA developed its Direct Lease program in 2017, and it has been implemented since
2018 as a form of Direct Temporary Housing Assistance (email correspondence from FEMA Congressional Affairs
staff, March 9, 2019). The ability to use stand-alone residential sites that are not typically available to the public
distinguishes Direct Lease from MLR (e.g., FEMA may lease a vacation property when apartments are unavailable).
73 FEMA, IAPPG, p. 127.
74 FEMA, IAPPG, p. 127. According to the IAPPG, Guam, the Commonwealth of the Northern Mariana Islands,
American Samoa, and the U.S. Virgin Islands are insular areas, and the Alaskan interior is an example of a remote area
(FEMA, IAPPG, p. 76). Unavailable means temporary housing options are unavailable for a reasonable cost or in a
reasonable amount of time. Infeasible means there are no available rental housing resources, or forms of Direct
Temporary Housing Assistance cannot be used because of various challenges (e.g., distance, time delays), which
FEMA cannot overcome with reasonable means. Not cost-effective means the provision of other forms of Direct
Temporary Housing Assistance would cost more than providing Permanent Housing Construction (PHC).
75 FEMA defines a necessary expense as “the cost associated with acquiring an item, obtaining a service, or paying for
any other activity that meets a serious need,” and a serious need as “the requirement for an item or service that is
essential to an applicant’s ability to prevent, mitigate, or overcome a disaster-caused hardship, injury, or adverse
condition” (FEMA, IAPPG, p. 145).
76 42 U.S.C. §5174(h)(2) and (4)(B)..
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ONA assistance may be further limited by the affected state, territory, or Indian tribal
government. This is because the affected state, territory, or Indian tribal government
predetermines some items that are eligible for ONA assistance, and establishes the number of
items that can be ONA-funded and/or the maximum amount of ONA funding that can be
provided for selected items.77 The following sections provide an overview of each type of ONA,
and are organized by subcategory.
Serious Needs Assistance is a new form of ONA that provides $750 to eligible
applicants who report they are displaced from their pre-disaster primary
residence, sheltering in their pre-disaster residence but need to shelter elsewhere,
or have a serious need, so they can address their immediate post-disaster needs
for items such as “water, food, first aid, infant formula, diapers, personal hygiene
items, and fuel for or the cost of transportation.”78
Displacement Assistance is a new form of ONA that provides up-front financial
assistance to eligible applicants when their pre-disaster primary residence is
uninhabitable or inaccessible, so they can immediately obtain short-term
accommodations while they work to secure temporary housing (such as FEMA
Rental Assistance).79
Personal Property Assistance provides funding to eligible individuals to repair
or replace eligible personal property items damaged or destroyed as a result of a
declared emergency or major disaster.80 Assistance may be provided for ONA-
eligible personal property items set by the affected state/territory/tribe in its
“ONA Administrative Option Selection Form.”81
Transportation Assistance provides funding to eligible individuals to repair or
replace a vehicle damaged by a declared emergency or major disaster, up to the
maximum award amount set by the affected state/territory/tribe in its “ONA
Administrative Option Selection Form.”82
Group Flood Insurance Policy enables FEMA or the state, territory, or Indian
tribal government to directly purchase a policy on an applicant’s behalf if the
applicant is required to purchase and maintain flood insurance, but could not

77 FEMA, IAPPG, p. 147. State, territory, and Indian tribal governments establish the maximum amount of assistance
that may be awarded for some categories of ONA, including Transportation Assistance for repair or replacement,
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).
78 DHS/FEMA, “Individual Assistance Program Equity,” 89 Federal Register 4012, 4023-4024, and 4123, January 22,
2024.
79 DHS/FEMA, “Individual Assistance Program Equity,” 89 Federal Register 4024 and 4123, January 22, 2024.
80 FEMA, IAPPG, pp. 166-169; DHS/FEMA, “Individual Assistance Program Equity,” 89 Federal Register 4010,
January 22, 2024. Eligible Personal Property items include standard household appliances (and selected accessibility
items); essential clothing; standard furnishings; and essential, specialized tools and equipment required by an employer
or for education, as well as a self-employed individual’s disaster-damaged essential tools and equipment, and required
items for their trade/profession.
81 FEMA, IAPPG, 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.
82 FEMA, IAPPG, 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
government on their “ONA Administrative Option Selection Form.”
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otherwise purchase a policy.83 The premium for a three-year certificate of
coverage costs $2,400,84 and it covers real and personal property equaling the
maximum amount of financial assistance available for both Housing Assistance
and ONA.85 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.86
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 to the maximum award amount set by
the affected state/territory/tribe in its “ONA Administrative Option Selection
Form.”87
Medical and Dental 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.88
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.89
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.90
Miscellaneous Expenses provides funding to reimburse eligible individuals for
eligible items purchased or rented after a disaster to assist with their recovery.91
Assistance may be provided for ONA-eligible miscellaneous items set by the

83 FEMA, IAPPG, pp. 172-175.
84 Per 44 C.F.R. §61.17(b), the Group Flood Insurance Policy (GFIP) premium is a “flat fee of $600 per insured” and
44 C.F.R. §61.17(d) states that the term is for 36 months—or three years; however, the regulation notes that the
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).
85 FEMA, IAPPG, p. 172.
86 FEMA, IAPPG, p. 174.
87 FEMA, IAPPG, 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.
88 FEMA, IAPPG, 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
copayments, as well as loss or injury of a service animal.
89 FEMA, IAPPG, pp. 155-160.
90 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.
91 FEMA, IAPPG, 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
detectors, and a dehumidifier or humidifier. Chainsaws and generators may be permitted under limited circumstances if
certain conditions are met.
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affected state/territory/tribe in its “ONA Administrative Option Selection
Form.”92
Clean and Sanitize Assistance is provided to eligible individuals in the form of
a one-time payment limited to $300 to “ensure minimal damage to the home is
addressed in order to prevent additional losses and potential health and safety
concerns.”93
Mass Care and Emergency Assistance94
Mass Care and Emergency Assistance (MC/EA) involves federal coordination and support of
state, local, tribal, and territorial government efforts to provide life-sustaining services to disaster
survivors prior to, during, and following an incident through short-term recovery.95 Examples of
MC/EA include emergency feeding and sheltering. Unlike the other forms of assistance discussed
in this report, MC/EA is authorized and funded through FEMA’s Public Assistance—rather than
Individual Assistance—program.
IA Factors for a Major Disaster Declaration
Federal assistance is intended to supplement—not supplant—the local, state, territory, or Indian
tribal government’s response and recovery efforts.96 For this reason, state, territory, and Indian
tribal governments do not automatically receive a presidential declaration of emergency or major
disaster, nor do they automatically receive Individual Assistance (there is no threshold for
authorizing IA).97 Instead, following an incident,98 the governor or chief executive must request
that the President declare an emergency or major disaster authorizing IA.99 The governor or chief
executive’s request must demonstrate that they are unable to effectively respond to the incident
without federal assistance.100 To that end, the request must include information about the actions
taken and resources that have been or will be committed, and an estimate of the amount and

92 FEMA, IAPPG, 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.
93 Memorandum from Keith Turi RE: Amendment to the IAPPG, pp. 11-12.
94 FEMA, IAPPG, pp. 16-40. The IAPPG chapter on Mass Care and Emergency Assistance (MC/EA) includes an
overview of the program, as well as descriptions of assistance, including support related to (1) sheltering; (2) feeding;
(3) the distribution of emergency supplies; (4) individuals with disabilities and others with access and functional needs;
(5) reunification; (6) pets, service animals, and assistance animals; (7) mass evacuees; (8) Transitional Sheltering
Assistance (TSA); (9) Operation Blue Roof programs; and (10) the National Mass Care Exercise.
95 FEMA, IAPPG, p. 6.
96 The governor or chief executive’s request must document that the “situation is of such severity and magnitude that
effective response is beyond the capabilities of the State and affected local governments” and that supplemental federal
assistance is necessary (44 C.F.R. §§206.35 and 206.36). To justify a declaration of emergency, supplemental federal
assistance must be needed to “save lives and to protect property, public health and safety, or to lessen or avert the threat
of a disaster” (44 C.F.R. §206.35). To justify a declaration of major disaster, federal assistance must be needed to
“supplement the efforts and available resources of the State, local governments, disaster relief organizations, and
compensation by insurance for disaster-related losses” (44 C.F.R. §206.36).
97 44 C.F.R. §§206.35-206.38, and 206.40(a); and FEMA, “How a Disaster Gets Declared.”
98 An incident is defined as “[a]ny condition which meets the definition of major disaster or emergency as set forth in
§206.2 which causes damage or hardship that may result in a Presidential declaration of a major disaster or an
emergency” (44 C.F.R. §206.32(e)).
99 42 U.S.C. §§5191 and 5170; 44 C.F.R. §§206.35, 206.36, 206.38, and 206.40(a); and FEMA, “How a Disaster Gets
Declared.” It is possible for the President to unilaterally declare an emergency under Stafford Act Section 501(b) when
the federal government has “exclusive or preeminent responsibility and authority.”
100 44 C.F.R. §§206.35 and 206.36.
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severity of the disaster-caused damages, in addition to other required information.101 Using the
information submitted by the governor or chief executive in their major disaster declaration
request, FEMA evaluates specific factors to determine whether there is a need for supplemental
federal assistance to individuals (i.e., IA).102 This includes information collected through the
Preliminary Damage Assessment (PDA) process, which is validated by local, state, territory,
Indian tribal government, and federal authorities.103 FEMA then provides a recommendation to
the President.104 The decision to grant an emergency or major disaster declaration request is at the
President’s sole discretion.105
FEMA issued a final rule updating the factors considered when evaluating a governor’s request
for IA on March 21, 2019, as required by Section 1109 of the Sandy Recovery Improvement Act
of 2013 (SRIA, Division B of P.L. 113-2).106 The factors were revised to establish what FEMA
characterized as “more objective” criteria for evaluating the need for assistance, clarify eligibility
requirements, and expedite a presidential declaration determination. These factors became
effective June 1, 2019. FEMA also produced guidance for use by states and territories when
drafting requests for major disaster declarations authorizing IA.107 Thus, there are six IA factors
that are considered pursuant to a governor’s request for a major disaster declaration authorizing
IA.108 These factors are intended to help FEMA assess the “severity, magnitude, and impact of a
disaster,” as well as the capabilities of the affected jurisdictions.109 The factors are also used to
identify the appropriate types of IA to authorize (e.g., significant casualties could indicate the
need for ONA for Funeral Assistance and Medical and Dental Assistance, and Crisis Counseling).
FEMA uses a separate set of factors when evaluating a chief executive of an affected Indian tribal
government’s request for a major disaster authorizing IA. Section 1110 of SRIA amended the
Stafford Act to allow chief executives to request an emergency or major disaster declaration on

101 For a list and description of information requirements to accompany a governor or chief executive’s request for an
emergency declaration and a major disaster declaration, see 44 C.F.R. §206.35 and 44 C.F.R. §206.36, respectively.
102 44 C.F.R. §206.48(b); and FEMA, Tribal Declarations Pilot Guidance, pp. 36-38.
103 FEMA, Preliminary Damage Assessment Guide, August 2021, p. 1, https://www.fema.gov/sites/default/files/
documents/fema_2021-pda-guide.pdf (hereinafter FEMA, Preliminary Damage Assessment Guide).
104 44 C.F.R. §206.37(c).
105 44 C.F.R. §206.38.
106 DHS/FEMA, “Factors Considered When Evaluating a Governor’s Request for Individual Assistance for a Major
Disaster,” 84 Federal Register 10632-10664, March 21, 2019, https://www.govinfo.gov/content/pkg/FR-2019-03-21/
pdf/2019-05388.pdf (hereinafter DHS/FEMA, “Factors Considered When Evaluating a Request for IA”); 44 C.F.R.
§206.48(b).
107 FEMA, Individual Assistance Declarations Factors Guidance, June 2019, https://www.regulations.gov/document/
FEMA-2014-0005-0071.
108 According to FEMA, the same IA factors would be considered in the event a state or territory requests IHP
assistance pursuant to an emergency declaration, and the Individual Assistance Declarations Factors Guidance would
be useful in evaluating the need for IHP assistance. As described by FEMA, “[w]hile FEMA’s regulations in 44 CFR
206.48 only expressly apply to requests for major disasters, in the event that a state did request IHP under an
emergency declaration, the factors outlined in that provision would still be relevant to [assessing] whether the event
was beyond state and local capabilities as it related to [the] IHP. Likewise, the Individual Assistance Declarations
Factors Guidance
(June 2019) would be relevant, in particular the discussion of the Principal Factors for evaluating the
need for IHP [italics added].” FEMA also noted that IHP authorization pursuant to an emergency declaration is
“extremely rare” and stated that the agency would encourage a state that is considering requesting an emergency
declaration authorizing IA—IHP to instead consider requesting a major disaster declaration, “unless the event was a
type that did not meet the major disaster definition,” because “[e]vents that have a significant enough impact on
individuals and households to warrant IHP are likely to have the need for other types of Individual Assistance.... ”
(email correspondence from FEMA Congressional Affairs staff, November 27, 2019).
109 DHS/FEMA, “Factors Considered When Evaluating a Request for IA,” 84 Federal Register 10633; and 44 C.F.R.
§206.48(b).
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behalf of the tribe (alternatively, the tribe may receive assistance through the state’s
declaration).110 Initially, FEMA used the same factors to evaluate a governor or chief executive’s
request for a major disaster declaration, which allowed tribal governments to exercise this
authority immediately upon SRIA’s enactment (using the previous IA factors—before they were
revised and made effective in June 2019).111 However, FEMA’s release of the Tribal Declarations
Pilot Guidance
in January 2017 made effective specific factors considered when evaluating a
chief executive’s request for a major disaster declaration.112 When the pilot period concludes (no
specific time has been set), FEMA has stated that it will develop regulations informed by the
pilot.113 Thus, there are nine factors considered when evaluating a chief executive’s request for a
major disaster declaration authorizing IA, which are intended to help FEMA evaluate whether an
event has overwhelmed the tribal government’s capabilities, making Stafford Act assistance
necessary.114
No single factor is determinative; FEMA considers all relevant information submitted by the
governor or chief executive as part of a declaration request, and the President has the sole
discretion to approve a major disaster declaration request authorizing IA.115
Brief descriptions of the factors FEMA evaluates when considering a governor’s request are
included in Table 2, and Table 3 provides brief descriptions of the factors FEMA evaluates when
considering a chief executive’s request.

110 Section 1110 of SRIA (P.L. 113-2).
111 According to FEMA’s website “Tribal Declarations Pilot Guidance,” available at https://www.fema.gov/disasters/
tribal-declarations, the period when Indian tribal governments could use the state/territory regulations ran from January
29, 2013, when SRIA was enacted, through January 9, 2017, when FEMA released its Tribal Declarations Pilot
Guidance
on January 10, 2017.
112 FEMA, Tribal Declarations Pilot Guidance.
113 FEMA, Tribal Declarations Pilot Guidance, p. 3; and FEMA, “Tribal Declarations Pilot Guidance,”
https://www.fema.gov/disasters/tribal-declarations.
114 FEMA, Tribal Declarations Pilot Guidance, p. 34. “Appendix D; Tribal-Specific Considerations” of FEMA’s
Preliminary Damage Assessment Guide includes useful resources and unique considerations for Indian tribal
governments during the Preliminary Damage Assessment process.
115 Per FEMA’s regulation at 44 C.F.R. §206.48(b), “State fiscal capacity (44 CFR 206.48(b)(1)(i)) and uninsured
home and personal property losses (44 C.F.R. 206.48(b)(2)) are the principal factors that FEMA will consider when
evaluating the need for supplemental Federal assistance under the Individuals and Households Program but FEMA will
always consider all relevant information submitted as part of a declaration request. If the need for supplemental Federal
assistance under the Individuals and Households Program is not clear from the evaluation of the principal factors,
FEMA will turn to the other factors to determine the level of need.... ”; and FEMA, Tribal Declarations Pilot
Guidance
, p. 34.
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Table 2. IA Factors for a Governor’s Major Disaster Declaration Request
Applies to Affected States and Territories
Supporting
Information/
IA Factors
Description
Data Sources
State Fiscal
FEMA considers the availability of government and private-sector
U.S. Department
Capacity and
resources, and the circumstances that contributed to the state/territory
of the Treasury,
Resource
having insufficient resources, potentially necessitating supplemental federal Bureau of
Availabilitya
assistance. FEMA evaluates (1) Fiscal Capacity (a principal factor for
Economic
considering the need for the IHP), which indicates the state/territory’s
Analysis,
ability manage disaster response and recovery, by considering its ability to
state/territory
raise revenue for disaster response and recovery based on either total
reported other
taxable resources (TTR) or gross domestic product (GDP), as well as per
limits on a
capita personal income by locality and other factors affecting the
state/territory’s
state/territory’s ability to col ect funds; and (2) Resource Availability,
treasury or ability
which indicates whether the disaster-caused needs can be met using non-
to col ect funds
Stafford Act sources. Also considered is the cumulative effect of recent
and resource
disasters occurring in the previous 24 months.
availability
Uninsured
FEMA considers the results of the FEMA-State Preliminary Damage
State/territory
Home and
Assessment (PDA) process to examine the extent of damage and
reported
Personal
estimated cost of IHP assistance (a principal IHP factor). An affected
fol owing the
Property
state/territory may provide data for consideration, including (1) the
Preliminary
Lossesb
damage-causing peril; (2) the percentage of affected applicants with
Damage
insurance for such peril; (3) the concentration of damages; (4) the number Assessment
of homes damaged and degree of damage; (5) the estimated cost of
assistance; (6) the estimated homeownership rate for the affected homes;
and (7) other relevant PDA data that may demonstrate a need for
supplemental assistance.
Disaster
FEMA considers the affected community’s demographics as compared
U.S. Census
Impacted
with national averages (based on U.S. Census Bureau and other federal
Bureau
Population
data), to evaluate whether there is an increased need for supplemental
(American
Profile
federal assistance.
Community
Survey), other
federal agencies
Impact to
FEMA considers the disaster-caused disruption, damage, or destruction to
State/territory
Community
community infrastructure components, which may make it difficult for
reported
Infrastructure
disaster survivors to reside in the community and may hinder community
recovery—specifically, disruption, damage, or destruction for more than
72 hours to any/all of the fol owing: (1) “Life-Saving and Life-Sustaining
Services” that provide an “essential community function that .. wil affect
public health and safety” (e.g., police, medical facilities); (2) “Essential
Community Services” that improve quality of life (e.g., social services); and
(3) “Transportation Infrastructure and Utilities” that, for example, render
housing uninhabitable or inaccessible.
Casualties
FEMA considers the number of individuals who are missing, injured, or
State/territory
deceased as a result of a disaster, which indicates community trauma.
reported
Disaster Related FEMA considers the number of individuals who may have lost work or
State/territory
Unemployment
become unemployed as a result of the disaster and who do not qualify for
reported
standard unemployment insurance. FEMA also considers impacts to major
employers in the affected jurisdiction, which could indicate the potential
for a prolonged recovery process.
Sources: 44 C.F.R. §206.48(b); FEMA, Individual Assistance Declarations Factors Guidance, June 2019,
https://www.regulations.gov/document/FEMA-2014-0005-0071; FEMA, Preliminary Damage Assessment Guide,
August 2021, pp. 15 and 28-41, https://www.fema.gov/sites/default/files/documents/fema_2021-pda-guide.pdf.
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Notes: 44 C.F.R. §206.48(b). FEMA considers all relevant information submitted as part of a declaration request.
a. Fiscal Capacity is a principal factor for the IHP (44 C.F.R. §206.48(b)(1)(i)).
b. Uninsured Home and Personal Property Losses is a principal factor for the IHP (44 C.F.R. §206.48(b)(2)).
Table 3. IA Factors for a Chief Executive’s Major Disaster Declaration Request
Applies to Affected Federally Recognized Tribes
Supporting
Information/
IA Factors
Description
Data Sources
Uninsured
FEMA evaluates the damage to the primary residences of enrol ed tribal
Tribe reported
Home and
members and, if requested and approved, non-enrol ed members of the
fol owing the
Personal
tribal community, by categorizing homes based on damage and assessing
Preliminary
Property
the magnitude of the disaster and concentration of damages.
Damage
Lossesa
Assessment
Availability of
FEMA considers the availability of accessible temporary housing
Tribe reported
Housing
resources.
Resources
Casualties
FEMA considers disaster-caused “deaths or injuries [including] of cultural,
Tribe reported
religious, and government leaders.”
Impact to
FEMA considers the disaster’s impacts that may adversely affect the
Tribe reported
Community
“population’s ability to safely and securely reside within the community,”
Infrastructure
including the large-scale disruption of community functions and services;
impacts to cultural and spiritual facilities; and emergency needs.
Disaster
FEMA considers the affected community’s demographics, including
U.S. Census
Impacted
populations that may have a greater need for recovery support.
Bureau, tribe
Population
reported unique
Profile
considerations
not reflected in
U.S. Census
Bureau data
Voluntary
FEMA considers the extent to which disaster survivors’ needs can be met
Tribe reported
Agency and
by voluntary agencies, and the local and state governments.
Other
Assistance
Tribal
FEMA considers the tribal government’s efforts that have or wil be made
Tribe reported
Government
and the resources that have or wil be committed.
Resources
Unique
FEMA considers the tribe’s unique needs and the conditions that are
Tribe reported
Conditions that
unique to the tribal community (e.g., needs associated with remote
Affect Tribal
locations or the impact on the tribal government’s economy).
Governments
Other Relevant
Other relevant information provided by the tribe.
Tribe reported
Information
Sources: FEMA, Tribal Declarations Pilot Guidance, January 2017, pp. 36-38, https://www.fema.gov/sites/default/
files/2020-04/tribal-declaration-pilot-guidance.pdf; FEMA, Preliminary Damage Assessment Guide, August 2021, pp.
15 and D1-D9, https://www.fema.gov/sites/default/files/documents/fema_2021-pda-guide.pdf.
Notes:
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a. The “disaster-related impacts to homes and personal property are the principal factors FEMA and the
President use to determine if the [tribe’s] request [for a presidential major disaster declaration including IA]
should be approved” (FEMA, Preliminary Damage Assessment Guide, p. D-5).


Author Information

Elizabeth M. Webster

Specialist in Emergency Management and Disaster
Recovery



Disclaimer
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
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
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
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copy or otherwise use copyrighted material.

Congressional Research Service
R46014 · VERSION 15 · UPDATED
18
Recreational Vehicles (RVs) or Manufactured Housing Units (MHUs)).67 TTHU sites must meet specific requirements that include (1) providing access to available and functional utilities;68 (2) complying with government ordinances; and (3) satisfying federal floodplain management and Environmental Planning and Historic Preservation (EHP) compliance review requirements.69 FEMA's guidance states that "FEMA selects locations based on the cost-effectiveness, timeliness, and suitability of each potential site."70 Sites can include private sites (i.e., a site provided by the applicant—typically the applicant's property), commercial sites (i.e., existing manufactured home parks), or group sites (i.e., a site provided by the local, state, territory, or tribal government, such as a public park—this option is only considered when the temporary housing need cannot be met by the other direct temporary housing options).71
  • Direct Lease temporarily places eligible individuals in FEMA-leased residential properties that are not typically available to the general public (e.g., a vacation rental).72
  • Permanent Housing Construction (PHC) is a last resort that is used to provide financial or direct assistance for permanent or semi-permanent housing, and can include repairs or new home construction.73 PHC is only available "in insular areas outside the continental U.S." or "in other locations where no alternative housing resources are available and other types of Temporary Housing Assistance are unavailable, infeasible or not cost-effective."74
  • Other Needs Assistance

    Other Needs Assistance (ONA) provides eligible individuals with a grant of financial assistance for their other disaster-related necessary expenses and serious needs.75 There are several limitations on the amount of ONA an individual or household is eligible to receive. Applicants may receive up to the maximum amount of financial assistance for ONA.76 Additionally, available ONA assistance may be further limited by the affected state, territory, or Indian tribal government. This is because the affected state, territory, or Indian tribal government predetermines some items that are eligible for ONA assistance, and establishes the number of items that can be ONA-funded and/or the maximum amount of ONA funding that can be provided for selected items.77 The following sections provide an overview of each type of ONA, and are organized by subcategory.

    • Serious Needs Assistance is a new form of ONA that provides $750 to eligible applicants who report they are displaced from their pre-disaster primary residence, sheltering in their pre-disaster residence but need to shelter elsewhere, or have a serious need, so they can address their immediate post-disaster needs for items such as "water, food, first aid, infant formula, diapers, personal hygiene items, and fuel for or the cost of transportation."78
    • Displacement Assistance is a new form of ONA that provides up-front financial assistance to eligible applicants when their pre-disaster primary residence is uninhabitable or inaccessible, so they can immediately obtain short-term accommodations while they work to secure temporary housing (such as FEMA Rental Assistance).79
    • Personal Property Assistance provides funding to eligible individuals to repair or replace eligible personal property items damaged or destroyed as a result of a declared emergency or major disaster.80 Assistance may be provided for ONA-eligible personal property items set by the affected state/territory/tribe in its "ONA Administrative Option Selection Form."81
    • Transportation Assistance provides funding to eligible individuals to repair or replace a vehicle damaged by a declared emergency or major disaster, up to the maximum award amount set by the affected state/territory/tribe in its "ONA Administrative Option Selection Form."82
    • Group Flood Insurance Policy enables FEMA or the state, territory, or Indian tribal government to directly purchase a policy on an applicant's behalf if the applicant is required to purchase and maintain flood insurance, but could not otherwise purchase a policy.83 The premium for a three-year certificate of coverage costs $2,400,84 and it covers real and personal property equaling the maximum amount of financial assistance available for both Housing Assistance and ONA.85 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.86
    • 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 to the maximum award amount set by the affected state/territory/tribe in its "ONA Administrative Option Selection Form."87
    • Medical and Dental 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.88
    • 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.89
    • 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.90
    • Miscellaneous Expenses provides funding to reimburse eligible individuals for eligible items purchased or rented after a disaster to assist with their recovery.91 Assistance may be provided for ONA-eligible miscellaneous items set by the affected state/territory/tribe in its "ONA Administrative Option Selection Form."92
    • Clean and Sanitize Assistance is provided to eligible individuals in the form of a one-time payment limited to $300 to "ensure minimal damage to the home is addressed in order to prevent additional losses and potential health and safety concerns."93
    Mass Care and Emergency Assistance94

    Mass Care and Emergency Assistance (MC/EA) involves federal coordination and support of state, local, tribal, and territorial government efforts to provide life-sustaining services to disaster survivors prior to, during, and following an incident through short-term recovery.95 Examples of MC/EA include emergency feeding and sheltering. Unlike the other forms of assistance discussed in this report, MC/EA is authorized and funded through FEMA's Public Assistance—rather than Individual Assistance—program.

    IA Factors for a Major Disaster Declaration

    Federal assistance is intended to supplement—not supplant—the local, state, territory, or Indian tribal government's response and recovery efforts.96 For this reason, state, territory, and Indian tribal governments do not automatically receive a presidential declaration of emergency or major disaster, nor do they automatically receive Individual Assistance (there is no threshold for authorizing IA).97 Instead, following an incident,98 the governor or tribal chief executive must request that the President declare an emergency or major disaster authorizing IA.99 The governor or tribal chief executive's request must demonstrate that they are unable to effectively respond to the incident without federal assistance.100 To that end, the request must include information about the actions taken and resources that have been or will be committed, and an estimate of the amount and severity of the disaster-caused damages, in addition to other required information.101 Using the information submitted by the governor or tribal chief executive in their major disaster declaration request, FEMA evaluates specific factors to determine whether there is a need for supplemental federal assistance to individuals (i.e., IA).102 This includes information collected through the Preliminary Damage Assessment (PDA) process, which is validated by local, state, territory, Indian tribal government, and federal authorities.103 FEMA then provides a recommendation to the President.104 Of note, no single factor is determinative; FEMA considers all relevant information submitted by the governor or tribal chief executive as part of a declaration request, and the President has the sole discretion to approve a major disaster declaration request authorizing IA.105

    Factors Considered When Evaluating a Governor's Request for IA

    FEMA issued a final rule updating the factors considered when evaluating a governor's request for IA on March 21, 2019, as required by Section 1109 of the Sandy Recovery Improvement Act of 2013 (SRIA, Division B of P.L. 113-2).106 The factors were revised to establish what FEMA characterized as "more objective" criteria for evaluating the need for assistance, clarify eligibility requirements, and expedite a presidential declaration determination. These factors became effective June 1, 2019. FEMA also produced guidance for use by states and territories when drafting requests for major disaster declarations authorizing IA.107 Thus, there are six IA factors that are considered pursuant to a governor's request for a major disaster declaration authorizing IA.108 These factors are intended to help FEMA assess the "severity, magnitude, and impact of a disaster," as well as the capabilities of the affected jurisdictions.109 The factors are also used to identify the appropriate types of IA to authorize (e.g., significant casualties could indicate the need for ONA for Funeral Assistance and Medical and Dental Assistance, and Crisis Counseling).

    Table 2, below, lists the factors considered for governors' requests, including FEMA's considerations and sources for the information/data considered. Table 2. IA Factors for a Governor's Major Disaster Declaration Request

    Applies to Affected States and Territories

    IA Factors

    Description

    Sources

    State Fiscal Capacity and Resource Availabilitya

    FEMA considers the availability of government and private-sector resources, and the circumstances that contributed to the state/territory having insufficient resources, potentially necessitating supplemental federal assistance. FEMA evaluates (1) Fiscal Capacity (a principal factor for considering the need for the IHP), which indicates the state/territory's ability manage disaster response and recovery, by considering its ability to raise revenue for disaster response and recovery based on either total taxable resources (TTR) or gross domestic product (GDP), as well as per capita personal income by locality and other factors affecting the state/territory's ability to collect funds; and (2) Resource Availability, which indicates whether the disaster-caused needs can be met using non-Stafford Act sources. Also considered is the cumulative effect of recent disasters occurring in the previous 24 months.

    U.S. Department of the Treasury, Bureau of Economic Analysis, state/territory reported other limits on a state/territory's treasury or ability to collect funds and resource availability

    Uninsured Home and Personal Property Lossesb

    FEMA considers the results of the FEMA-State Preliminary Damage Assessment (PDA) process to examine the extent of damage and estimated cost of IHP assistance (a principal IHP factor). An affected state/territory may provide data for consideration, including (1) the damage-causing peril; (2) the percentage of affected applicants with insurance for such peril; (3) the concentration of damages; (4) the number of homes damaged and degree of damage; (5) the estimated cost of assistance; (6) the estimated homeownership rate for the affected homes; and (7) other relevant PDA data that may demonstrate a need for supplemental assistance.

    State/territory reported following the Preliminary Damage Assessment

    Disaster Impacted Population Profile

    FEMA considers the affected community's demographics as compared with national averages (based on U.S. Census Bureau and other federal data), to evaluate whether there is an increased need for supplemental federal assistance.

    U.S. Census Bureau (American Community Survey), other federal agencies

    Impact to Community Infrastructure

    FEMA considers the disaster-caused disruption, damage, or destruction to community infrastructure components, which may make it difficult for disaster survivors to reside in the community and may hinder community recovery—specifically, disruption, damage, or destruction for more than 72 hours to any/all of the following: (1) "Life-Saving and Life-Sustaining Services" that provide an "essential community function that ... will affect public health and safety" (e.g., police, medical facilities); (2) "Essential Community Services" that improve quality of life (e.g., social services); and (3) "Transportation Infrastructure and Utilities" that, for example, render housing uninhabitable or inaccessible.

    State/territory reported

    Casualties

    FEMA considers the number of individuals who are missing, injured, or deceased as a result of a disaster, which indicates community trauma.

    State/territory reported

    Disaster Related Unemployment

    FEMA considers the number of individuals who may have lost work or become unemployed as a result of the disaster and who do not qualify for standard unemployment insurance. FEMA also considers impacts to major employers in the affected jurisdiction, which could indicate the potential for a prolonged recovery process.

    State/territory reported

    Sources: 44 C.F.R. §206.48(b); FEMA, Individual Assistance Declarations Factors Guidance, June 2019, https://www.regulations.gov/document/FEMA-2014-0005-0071; FEMA, Preliminary Damage Assessment Guide, August 2021, pp. 15 and 28-41, https://www.fema.gov/sites/default/files/documents/fema_2021-pda-guide.pdf; FEMA's Preliminary Damage Assessment Guide, June 2024 (Draft 1.1), pp. 38-39, 47-51, https://www.fema.gov/sites/default/files/documents/fema_pad-pda-guide_operational-draft_v1.1.pdf (in effect for events with incident periods starting on July 22, 2024, and after).

    Notes: 44 C.F.R. §206.48(b). FEMA considers all relevant information submitted as part of a declaration request.

    a. Fiscal Capacity is a principal factor for the IHP (44 C.F.R. §206.48(b)(1)(i)). b. Uninsured Home and Personal Property Losses is a principal factor for the IHP (44 C.F.R. §206.48(b)(2)). Factors Considered When Evaluating a Tribal Chief Executive's Request for IA

    FEMA uses a separate set of factors when evaluating a chief executive of an affected Indian tribal government's request for a major disaster authorizing IA.110 Section 1110 of the Sandy Recovery Improvement Act of 2013 (SRIA, Division B of P.L. 113-2) amended the Stafford Act to allow tribal chief executives to request an emergency or major disaster declaration on behalf of the tribe (alternatively, the tribe may receive assistance through the state's declaration). Initially, FEMA used the same factors to evaluate a governor or tribal chief executive's request for a major disaster declaration, which allowed tribal governments to exercise this authority immediately upon SRIA's enactment (using the previous IA factors—before they were revised and made effective in June 2019).111 However, FEMA's release of the Tribal Declarations Pilot Guidance in January 2017 made effective specific factors considered when evaluating a tribal chief executive's request for a major disaster declaration.112 These nine factors were in effect for incidents occurring prior to December 3, 2024.113

    Subsequently, in December 2024, FEMA released its updated Tribal Declarations Interim Guidance, effective for incidents occurring on or after December 3, 2024, "to enhance accessibility and streamline the process for Tribal Nations impacted by disasters."114 Pursuant to the Interim Guidance, FEMA considers ten factors when evaluating a tribal chief executive's request for a major disaster declaration authorizing IA, which are intended to help FEMA evaluate "the severity and magnitude and impact of the incident," to help determine whether an event has overwhelmed the tribal government's capabilities, making Stafford Act assistance necessary.115

    Table 3 compares the tribal declaration factors in effect for incidents occurring before December 3, 2024 (left side), and incidents occurring on or after December 3, 2024 (right side).

    In addition, per FEMA's updated Tribal Declarations Interim Guidance (December 2024), when a Tribal Nation now requests Public Assistance, FEMA will also recommend the approval of IA when certain conditions are met. As described by FEMA, the purpose of this is to take a "holistic view of housing damages for both publicly owned and individually owned tribal housing."116 The conditions are

    • 1. the Tribal Nation wants to receive Individual Assistance—this is because the tribe would be responsible for the nonfederal cost share for Other Needs Assistance, which is established in statute and cannot be altered or waived by the President;
    • 2. the President approves Public Assistance (PA); and
    • 3. the disaster results in major damage to or destroys tribally owned PA-eligible housing and individually owned IHP-eligible housing.117
    In such a case, the Tribal Nation will only have to submit one declaration request. If the above-listed conditions are not met, the Tribal Nation may still request IA, and potentially receive it, on the basis of the evaluation of the 10 factors and at the President's determination.118 Table 3. IA Factors for a Tribal Chief Executive's Major Disaster Declaration Request

    Applies to Affected Federally Recognized Tribes

    Tribal Declarations before December 3, 2024

    Tribal Declarations on or after December 3, 2024

    IA Factors

    Description

    Sources

    IA Factors

    Description

    Sources

    Availability of Housing Resources

    Availability of temporary housing resources.

    Tribe-reported

    Displaced Households and Availability of Housing Resources FEMA considers the number of disaster-displaced households, individuals in shelters, and the availability of temporary housing resources within the tribal community, acknowledging the importance of staying within the community when possible and considering tribal household composition (e.g., multigenerational housing, multiple families in one residence).

    Tribe-reported

    Uninsured Home and Personal Property Lossesa

    Disaster-caused real and personal property losses of enrolled tribal members and—if requested by the tribe—non-enrolled members of the tribal community, including consideration of the amount of damage and whether there are high concentrations of damage.

    Tribe-reported following the Preliminary Damage Assessment

    Uninsured Home and Personal Property Losses and Pre-Existing Conditions FEMA evaluates the damage to the primary residences of tribal community members, categorizing homes based on the amount of damage (i.e., destroyed, major, minor, affected), and assessing the magnitude of the disaster (number of impacted households), the concentration of damages, projected cost of providing IHP assistance, and damage to tribally owned/maintained housing and preexisting conditions.

    Tribe-reported (following the Preliminary Damage Assessment)

    Casualties

    Number of individuals who are missing, injured, or deceased due to the disaster, including cultural, religious, and government leaders.

    Tribe-reported

    Casualties, Injuries, and Missing Individuals FEMA considers disaster-caused casualties, injuries, and missing individuals.

    Tribe-reported

    Impact to Community Infrastructure

    Disaster-caused impacts to community infrastructure that may adversely affect the safety and security of disaster survivors.

    Tribe-reported

    Impact to Community Infrastructure and Cultural Facilities FEMA considers the disaster's impacts that may adversely affect the "population's ability to reside safely and securely within the community" (e.g., large-scale disruption of normal, lifesaving, and essential community functions and services; impacts to transportation, infrastructure, or utilities; impacts to cultural, religious, and spiritual facilities and services; and emergency needs.

    Tribe-reported

    Disaster Impacted Population Profile

    Demographics of the affected population—including populations with greater needs—that may indicate the need for a more robust response.

    U.S. Census Bureau, tribe-reported unique considerations not reflected in U.S. Census Bureau data

    Disaster Impacted Population Profile FEMA considers the affected community's demographics, including populations that may have a greater need for recovery support.

    U.S. Census Bureau, tribe reported unique considerations not reflected in U.S. Census Bureau data

    Tribal Government Resources

    Availability of tribal resources for response or recovery, including resources that have been or will be used.

    Tribe-reported

    Tribal Nation Capacity and Resources to Respond to the Disaster FEMA considers the Tribal Nation's efforts, resources, and emergency management capacity that have or will be used for response or recovery.

    Tribe-reported

    Voluntary Agency and Other Assistance

    Ability of state or local government, or voluntary agency resources to meet the needs of disaster survivors.

    Tribe-reported

    Unique Conditions that Affect Tribal Governments

    Needs or conditions unique to the tribal community.

    Tribe-reported

    Unique Conditions that Affect Tribal Nations FEMA considers the tribal community's unique needs and the conditions (e.g., needs associated with remote locations; treaty rights; tribal language and communication; the disaster's impact on the Tribal Nation's economy or livelihood; cultural, religious, and spiritual considerations; FEMA's treaty and trust responsibility to the Tribal Nation).

    Tribe-reported

    Disaster-Related Unemployment FEMA considers individuals who lost work or became unemployed as a result of the disaster.

    Tribe-reported

    36-month Disaster History or Recent Multiple Disasters that Impacted the Nation FEMA considers Stafford Act declarations (state or tribal declarations and the nonfederal cost share); Tribal Nation responses to recent/long-standing disasters, and tribal resources used to respond (not declared at the federal level); other available federal assistance to address disaster-caused damage.

    Tribe-reported

    Other Relevant Information

    Other relevant information provided by the tribe.

    Tribe-reported

    Other Relevant Information Other relevant information provided by the Tribal Nation.

    Tribe-reported

    Sources: FEMA, Tribal Declarations Pilot Guidance, January 2017, pp. 36-38, https://www.fema.gov/sites/default/files/2020-04/tribal-declaration-pilot-guidance.pdf; FEMA, Tribal Declarations Interim Guidance, FP 104-009025-001, December 2024, pp. 66-72, https://www.fema.gov/sites/default/files/documents/fema_tribal-declarations-interim-guidance_2024.pdf; FEMA's Preliminary Damage Assessment Guide, June 2024 (Draft 1.1), pp. D-3, and D-6-D-11, https://www.fema.gov/sites/default/files/documents/fema_pad-pda-guide_operational-draft_v1.1.pdf (in effect for events with incident periods starting on July 22, 2024, and after); FEMA, Preliminary Damage Assessment Guide, August 2021, pp. 15 and D1-D9, https://www.fema.gov/sites/default/files/documents/fema_2021-pda-guide.pdf; FEMA's Preliminary Damage Assessment Guide, June 2024 (Draft 1.1), p. D-3, and D-6-D-11, https://www.fema.gov/sites/default/files/documents/fema_pad-pda-guide_operational-draft_v1.1.pdf (in effect for events with incident periods starting on July 22, 2024, and after—this is included since such guidance went into effect during the period when the tribal declarations factors described in the Tribal Declarations Pilot Guidance were in effect). Notes: The factors in effect before December 3, 2024, were arranged to align with the factors in effect on or after December 3, 2024, for comparison. a. Uninsured home and personal property losses—specifically the "disaster-related impacts to homes and personal property are the principal factors FEMA and the President use to determine if the [tribe's] request [for a presidential major disaster declaration including IA] should be approved." (FEMA, Preliminary Damage Assessment Guide, p. D-5; see also FEMA, Preliminary Damage Assessment Guide Draft 1.1, p. D-7.)

    Footnotes

    1.

    Disaster Relief Act of 1974 (P.L. 93-288) (retitled the Robert T. Stafford Disaster Relief and Emergency Assistance Act—hereinafter Stafford Act—and codified, as amended, at 42 U.S.C. §§5121 et seq.). The Federal Emergency Management Agency's (FEMA's) "How a Disaster Gets Declared" web page, available at https://www.fema.gov/disasters/how-declared, provides additional information on the declaration process and the types of assistance that may be authorized pursuant to a presidential declaration of emergency or major disaster (hereinafter FEMA, "How a Disaster Gets Declared"). The Individual Assistance (IA) program is the focus of this report. For information on FEMA's other disaster assistance programs, including the Public Assistance (PA) program, which may provide grants to sub-federal governments and certain private nonprofit organizations for emergency work following an emergency or major disaster declaration, and permanent work following a major disaster declaration, see CRS In Focus IF11529, A Brief Overview of FEMA's Public Assistance Program, by Erica A. Lee, and CRS Report R46749, FEMA's Public Assistance Program: A Primer and Considerations for Congress, by Erica A. Lee. For additional information on FEMA's Hazard Mitigation Assistance (HMA) funds for mitigation and resiliency projects and programs to reduce the threat or impacts of future disasters, see CRS Insight IN11187, Federal Emergency Management Agency (FEMA) Hazard Mitigation Assistance, by Diane P. Horn.

    2.

    Stafford Act Section 416, 42 U.S.C. §5183.

    3.

    Stafford Act Section 426, 42 U.S.C. §5189d.

    4.

    Stafford Act Section 415, 42 U.S.C. §5182.

    5.

    Stafford Act Section 410, 42 U.S.C. §5177.

    6.

    Stafford Act Section 408, 42 U.S.C. §5174.

    7.

    Stafford Act Section 502(a)(6), 42 U.S.C. §5192(a)(6), as amended by Section 7321 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (P.L. 117-263), which amended the Stafford Act to enable Crisis Counseling to be authorized pursuant to an emergency declaration.

    8.

    FEMA publishes monthly reports with information on the Disaster Relief Fund (DRF) and available funding. See FEMA, "Disaster Relief Fund: Monthly Reports," https://www.fema.gov/about/reports-and-data/disaster-relief-fund-monthly-reports. For more information on the DRF and its history, see CRS Report R45484, The Disaster Relief Fund: Overview and Issues, by William L. Painter.

    9.

    Stafford Act Section 403(b), 42 U.S.C. §5170b(b). For additional information on the federal cost share for disaster assistance, see CRS Report R47646, Stafford Act Cost Shares: History, Trends, Analysis, by Erica A. Lee.

    10.

    FEMA's Individual Assistance Program and Policy Guide (IAPPG), v. 1.1, FP 104-009-03, May 2021, available at https://www.fema.gov/sites/default/files/documents/fema_iappg-1.1.pdf (hereinafter FEMA, IAPPG), and related guidance can be found at FEMA, "Individual Assistance Resource Library," https://www.fema.gov/assistance/individual/library.

    11.

    Memorandum from Keith Turi, FEMA Assistant Administrator, Recovery Directorate to FEMA Regional Administrators, "RE: Amendment to FP 104-009-03, Individual Assistance Program and Policy Guide, Version 1.1," September 2, 2021, pp. 9-10, https://www.fema.gov/sites/default/files/documents/fema_iappg-policy-amendments-memo.pdf (hereinafter Memorandum from Keith Turi RE: Amendment to the IAPPG).

    12.

    Department of Homeland Security (DHS)/FEMA, "Individual Assistance Program Equity," 89 Federal Register 3990-4125, January 22, 2024.

    13.

    44 C.F.R. §206.48(b).

    14.

    FEMA, Tribal Declarations Pilot Guidance, January 2017, pp. 36-38, https://www.fema.gov/sites/default/files/2020-04/tribal-declaration-pilot-guidance.pdf (hereinafter FEMA, Tribal Declarations Pilot Guidance). Section 1110 of the Sandy Recovery Improvement Act of 2013 (SRIA, Division B of P.L. 113-2) authorized tribal chief executives to request presidential Stafford Act declarations.

    15.

    For a brief reference on FEMA's IA programs, see CRS In Focus IF11298, A Brief Overview of FEMA's Individual Assistance Program, by Elizabeth M. Webster; see also CRS Infographic IG10024, How FEMA Individual Assistance Works, by Elizabeth M. Webster. For additional information on FEMA's IA programs, as well as other federal assistance for disaster response and recovery, see CRS Report RL31734, Federal Disaster Assistance Response and Recovery Programs: Brief Summaries, coordinated by Maura Mullins.

    16.

    42 U.S.C. §5183; 44 C.F.R. §206.171; see also FEMA, IAPPG, pp. 203-233; Substance Abuse and Mental Health Services Administration (SAMHSA), "Crisis Counseling Assistance and Training Program (CCP)," https://www.samhsa.gov/dtac/ccp; SAMHSA, "Crisis Counseling Assistance and Training Program (CCP) Toolkit," https://www.samhsa.gov/dtac/ccp-toolkit; and FEMA, Crisis Counseling Assistance and Training Program Guidance: CCP Application Toolkit, Version 5.3, April 2023, https://www.samhsa.gov/sites/default/files/dtac/ccptoolkit/fema-ccp-guidance.pdf (hereinafter FEMA, CCP Application Toolkit).

    17.

    FEMA, IAPPG, p. 8. Figure 40 in FEMA's IAPPG lists and describes the available Crisis Counseling Assistance and Training Program (CCP)-funded services (see FEMA, IAPPG, p. 206).

    18.

    42 U.S.C. §5183(a); FEMA, IAPPG, p. 203; FEMA, CCP Application Toolkit, p. 1.

    19.

    42 U.S.C. §5183(b).

    20.

    FEMA, IAPPG, pp. 207, 214, and 222; FEMA, CCP Application Toolkit, pp. 2-3.

    21.

    FEMA, Disaster Operations Legal Reference, v. 4.0, September 25, 2020, p. 6-99 (hereinafter FEMA, Disaster Operations Legal Reference).

    22.

    The CCP Immediate Services Program (ISP) is described 44 C.F.R. §206.171(f) and FEMA, IAPPG, pp. 209-217. The CCP Regular Services Program (RSP) is described 44 C.F.R. §206.171(g) and FEMA, IAPPG, pp. 218-225.

    23.

    44 C.F.R. §206.171(f)(4)(i) and (ii); FEMA, CCP Application Toolkit, p. 2.

    24.

    44 C.F.R. §206.171(g)(4)(i); FEMA, CCP Application Toolkit, p. 3.

    25.

    FEMA, IAPPG, p. 208.

    26.

    44 C.F.R. §206.171(f)(1) and (g)(1).

    27.

    42 U.S.C. §5189d; see also FEMA, IAPPG, pp. 183-202; and FEMA, "Disaster Case Management Toolbox," https://www.fema.gov/assistance/individual/disaster-survivors/disaster-case-management-toolbox.

    28.

    FEMA, IAPPG, p. 183.

    29.

    The Immediate Disaster Case Management (IDCM) program is discussed in FEMA's IAPPG from pages 186-187, and the Disaster Case Management (DCM) program is discussed from pages 188-202.

    30.

    FEMA, IAPPG, p. 186.

    31.

    FEMA, IAPPG, p. 186.

    32.

    FEMA, IAPPG, p. 186.

    33.

    Email correspondence from FEMA Congressional Affairs staff, April 17, 2024 (quoting FEMA, IAPPG, p. 185).

    34.

    FEMA provides funding for the DCM program, which is implemented through a grant or cooperative agreement (the cooperative agreement may be used when substantial FEMA involvement is anticipated) (FEMA, IAPPG, p. 185). DCM defines a qualified private organization as "any non-governmental organization or entity that currently has an effective ruling letter from the U.S. Internal Revenue Service, granting tax exemption under Sections 501(c) of Internal Revenue Code of 1954, or satisfactory evidence from the state, territorial, or tribal government that the nonrevenue producing organization or entity is a nonprofit one organized or doing business under state, territorial, or tribal government law and that has experience providing case management services" (FEMA, IAPPG, p. 183).

    35.

    FEMA, IAPPG, pp. 191-192; FEMA, Disaster Operations Legal Reference, p. 6-96. The nonfederal entity may request an extension of the deadline to submit the Disaster Case Management award application within 60 days of the major disaster declaration.

    36.

    FEMA, IAPPG, p. 188.

    37.

    FEMA, IAPPG, p. 186.

    38.

    42 U.S.C. §5182; 44 C.F.R. §206.164; see also FEMA, IAPPG, pp. 235-237.

    39.

    44 C.F.R. §206.164(a) and (e). For the purposes of Disaster Legal Services (DLS), low-income disaster survivors are those "who have insufficient resources to secure adequate legal services, whether the insufficiency existed prior to or resulted from the major disaster" (FEMA, IAPPG, p. 236).

    40.

    FEMA, IAPPG, pp. 8 and 235.

    41.

    FEMA, IAPPG, p. 8.

    42.

    FEMA, IAPPG, p. 237.

    43.

    FEMA, IAPPG, p. 235. FEMA's statute and regulations do not establish time limitation for Disaster Legal Services.

    44.

    42 U.S.C. §5177; 44 C.F.R. §206.141; see also FEMA, IAPPG, pp. 239-243.

    45.

    FEMA, IAPPG, p. 239. For more information on DUA, see CRS Report RS22022, Disaster Unemployment Assistance (DUA), by Julie M. Whittaker.

    46.

    FEMA, IAPPG, p. 239.

    47.

    FEMA, IAPPG, p. 243.

    48.

    42 U.S.C. §5174; 44 C.F.R. §§206.110-120; see also FEMA, IAPPG, pp. 41-182. For additional, detailed information on the Individuals and Households Program (IHP), see CRS Report R47015, FEMA's Individuals and Households Program (IHP)—Implementation and Considerations for Congress, by Elizabeth M. Webster; and for a brief overview of the IHP, see CRS In Focus IF12049, FEMA's Individuals and Households Program (IHP), by Elizabeth M. Webster.

    49.

    FEMA, IAPPG, p. 41.

    50.

    42 U.S.C. §5174(h). Assistance for housing-related needs may not exceed $42,500 (FY2024; adjusted annually), and assistance for other needs assistance (ONA) may not exceed $42,500 (FY2024; adjusted annually). Additionally, ONA may be somewhat limited because some ONA-eligible items and amounts available to be awarded are predetermined by FEMA and the state, territorial, or Indian tribal government. Financial assistance to rent alternate housing accommodations and financial assistance for accessibility-related real and personal property costs are not subject to the cap. DHS/FEMA, "Notice of Maximum Amount of Assistance Under the Individuals and Households Program," 88 Federal Register 72520, October 20, 2023.

    51.

    FEMA, IAPPG, p. 46.

    52.

    42 U.S.C. §5174(b)(2)(A); 44 C.F.R. §206.110(c).

    53.

    FEMA, IAPPG, p. 43. See also 44 C.F.R. §206.117(b). With regard to other factors, for example, some forms of IHP assistance consider access to wrap-around services, which FEMA states in its guidance may include "basic social services, access to transportation, police/fire protection, emergency/health care services, communications, utilities, grocery stores, child care, and educational institutions" (FEMA, IAPPG, p. 117).

    54.

    42 U.S.C. §5174(b) and (c); 44 C.F.R. §206.110(c); and FEMA, IAPPG, pp. 78 and 93. FEMA's defines "uninhabitable" as "mean[ing] the dwelling is not safe or sanitary" (44 C.F.R. §206.111).

    55.

    FEMA, IAPPG, p. 43.

    56.

    42 U.S.C. §5174(h)(1) and (4)(A).

    57.

    FEMA, IAPPG, pp. 78-79.

    58.

    FEMA, IAPPG, p. 80. The FEMA IAPPG states that FEMA uses the applicable Fair Market Rent (FMR) rate, which is based on the housing unit's location, number of bedrooms, and the fiscal year of the major disaster declaration (FEMA, IAPPG, p. 109 (see "Fair Market Rent (FMR)" text box)). HUD's Office of Policy Development and Research (PD&R) posts FMR information at https://www.huduser.gov/portal/datasets/fmr.html.

    59.

    44 C.F.R. §206.110(e); FEMA, IAPPG, p. 80; FEMA, Disaster Operations Legal Reference, pp. 6—23-24 (it states, "Although Stafford Act Section 408 refers to only an 18-month temporary housing assistance, FEMA's implementing regulations apply this period of assistance to all of IHP" and "The Assistant Administrator for Recovery may extend this period if he/she determines that due to extraordinary circumstances, an extension would be in the public interest").

    60.

    FEMA, IAPPG, p. 85. A non-exhaustive list of real property components that are eligible for repair is included in the FEMA IAPPG on page 86. It includes components such as the structural components of a home (e.g., foundation, exterior walls, and roof). Additionally, assistance to repair real property components impacted by disaster-caused mold growth is eligible for Home Repair Assistance (Memorandum from Keith Turi RE: Amendment to the IAPPG, pp. 9-10,).

    61.

    FEMA, "Hazard Mitigation Under the Individuals and Households Program," release, June 10, 2021, https://www.fema.gov/fact-sheet/hazard-mitigation-under-individuals-and-households-program; FEMA "FEMA to Provide Additional Hazard Mitigation Funds to Help Homeowners Affected by Wildfires," release HQ-22-089, July 28, 2022, https://www.fema.gov/press-release/20220728/fema-provide-additional-hazard-mitigation-funds-help-homeowners-affected.

    62.

    FEMA, IAPPG, p. 91. FEMA calculates the award amount using the consumer price index data for the types of housing in the area where the damage occurred (the type of pre-disaster home could include a "manufactured home, travel trailer, houseboat, or residential construction (e.g., single-family home)."

    63. On July 28, 2020, FEMA announced the publication of the State-Administered Direct Housing Grant Guide, available at https://www.fema.gov/sites/default/files/2020-07/fema_state-administered-direct-housing-grant-guide_DRRA1211_July2020.pdf, which made state, local, tribal and territory governments eligible to receive grants to provide Direct Housing Assistance for a limited period of time; this pilot grant program concluded on October 5, 2020. The State-Administered Direct Housing Grant Guide states that FEMA will implement a permanent grant program after issuing final regulations. As of December 2021, FEMA has not yet begun the rulemaking process (email correspondence from FEMA Congressional Affairs staff, December 6, 2021). 64.

    Direct Housing Assistance must be requested in writing by the affected state, territory, or tribal government, and is only available when: (1) Rental Assistance cannot be used due to insufficient available housing resources; (2) increasing the Rental Assistance rate to 125% of the HUD Fair Market Rent (FMR) will not be sufficient to meet the housing needs; and (3) assistance from other providers (e.g., government and voluntary organizations) is insufficient to meet the housing needs. FEMA, IAPPG, p. 94.

    65.

    FEMA, IAPPG, p. 107. Following Hurricane Sandy, Section 1103 of the Sandy Recovery Improvement Act of 2013 (Division B of P.L. 113-2) formalized FEMA's Multi-Family Lease and Repair (MLR) program.

    66.

    FEMA, IAPPG, p. 107.

    67.

    The types of Transportable Temporary Housing Units (TTHUs) include Recreational Vehicles (RVs) or Manufactured Housing Units (MHUs). MHUs are built to meet the construction and safety standards set forth by HUD at 24 C.F.R. Part 3280. A manufactured home is defined in 24 C.F.R. §3280.2 as "... a structure, transportable in one or more sections ... and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities...." The IAPPG provides additional information on the certification standards that FEMA-provided RVs and MHUs must meet (FEMA, IAPPG, pp. 112-113; see 24 C.F.R. §§3280 et seq. for the Manufactured Home Construction and Safety Standards).

    68.

    FEMA, IAPPG, pp. 113-116. Utilities include available and functional sanitation, electrical service, and potable water service.

    69.

    FEMA, IAPPG, p. 112.

    70.

    FEMA, IAPPG, p. 112.

    71.

    FEMA, IAPPG, pp. 113-115.

    72.

    FEMA, IAPPG, pp. 124-125. FEMA developed its Direct Lease program in 2017, and it has been implemented since 2018 as a form of Direct Temporary Housing Assistance (email correspondence from FEMA Congressional Affairs staff, March 9, 2019). The ability to use stand-alone residential sites that are not typically available to the public distinguishes Direct Lease from MLR (e.g., FEMA may lease a vacation property when apartments are unavailable).

    73.

    FEMA, IAPPG, p. 127.

    74.

    FEMA, IAPPG, p. 127. According to the IAPPG, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and the U.S. Virgin Islands are insular areas, and the Alaskan interior is an example of a remote area (FEMA, IAPPG, p. 76). Unavailable means temporary housing options are unavailable for a reasonable cost or in a reasonable amount of time. Infeasible means there are no available rental housing resources, or forms of Direct Temporary Housing Assistance cannot be used because of various challenges (e.g., distance, time delays), which FEMA cannot overcome with reasonable means. Not cost-effective means the provision of other forms of Direct Temporary Housing Assistance would cost more than providing Permanent Housing Construction (PHC).

    75.

    FEMA defines a necessary expense as "the cost associated with acquiring an item, obtaining a service, or paying for any other activity that meets a serious need," and a serious need as "the requirement for an item or service that is essential to an applicant's ability to prevent, mitigate, or overcome a disaster-caused hardship, injury, or adverse condition" (FEMA, IAPPG, p. 145).

    76.

    42 U.S.C. §5174(h)(2) and (4)(B)..

    77.

    FEMA, IAPPG, p. 147. State, territory, and Indian tribal governments establish the maximum amount of assistance that may be awarded for some categories of ONA, including Transportation Assistance for repair or replacement, 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).

    78.

    DHS/FEMA, "Individual Assistance Program Equity," 89 Federal Register 4012, 4023-4024, and 4123, January 22, 2024.

    79.

    DHS/FEMA, "Individual Assistance Program Equity," 89 Federal Register 4024 and 4123, January 22, 2024.

    80.

    FEMA, IAPPG, pp. 166-169; DHS/FEMA, "Individual Assistance Program Equity," 89 Federal Register 4010, January 22, 2024. Eligible Personal Property items include standard household appliances (and selected accessibility items); essential clothing; standard furnishings; and essential, specialized tools and equipment required by an employer or for education, as well as a self-employed individual's disaster-damaged essential tools and equipment, and required items for their trade/profession.

    81.

    FEMA, IAPPG, 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.

    82.

    FEMA, IAPPG, 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 government on their "ONA Administrative Option Selection Form."

    83.

    FEMA, IAPPG, pp. 172-175.

    84.

    Per 44 C.F.R. §61.17(b), the Group Flood Insurance Policy (GFIP) premium is a "flat fee of $600 per insured" and 44 C.F.R. §61.17(d) states that the term is for 36 months—or three years; however, the regulation notes that the 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).

    85.

    FEMA, IAPPG, p. 172.

    86.

    FEMA, IAPPG, p. 174.

    87.

    FEMA, IAPPG, 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.

    88.

    FEMA, IAPPG, 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 copayments, as well as loss or injury of a service animal.

    89.

    FEMA, IAPPG, pp. 155-160.

    90.

    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.

    91.

    FEMA, IAPPG, 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 detectors, and a dehumidifier or humidifier. Chainsaws and generators may be permitted under limited circumstances if certain conditions are met.

    92.

    FEMA, IAPPG, 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.

    93.

    Memorandum from Keith Turi RE: Amendment to the IAPPG, pp. 11-12.

    94.

    FEMA, IAPPG, pp. 16-40. The IAPPG chapter on Mass Care and Emergency Assistance (MC/EA) includes an overview of the program, as well as descriptions of assistance, including support related to (1) sheltering; (2) feeding; (3) the distribution of emergency supplies; (4) individuals with disabilities and others with access and functional needs; (5) reunification; (6) pets, service animals, and assistance animals; (7) mass evacuees; (8) Transitional Sheltering Assistance (TSA); (9) Operation Blue Roof programs; and (10) the National Mass Care Exercise.

    95.

    FEMA, IAPPG, p. 6.

    96.

    The governor or tribal chief executive's request must document that the "situation is of such severity and magnitude that effective response is beyond the capabilities of the State and affected local governments" and that supplemental federal assistance is necessary (44 C.F.R. §§206.35 and 206.36). To justify a declaration of emergency, supplemental federal assistance must be needed to "save lives and to protect property, public health and safety, or to lessen or avert the threat of a disaster" (44 C.F.R. §206.35). To justify a declaration of major disaster, federal assistance must be needed to "supplement the efforts and available resources of the State, local governments, disaster relief organizations, and compensation by insurance for disaster-related losses" (44 C.F.R. §206.36).

    97.

    44 C.F.R. §§206.35-206.38, and 206.40(a); and FEMA, "How a Disaster Gets Declared."

    98.

    An incident is defined as "[a]ny condition which meets the definition of major disaster or emergency as set forth in §206.2 which causes damage or hardship that may result in a Presidential declaration of a major disaster or an emergency" (44 C.F.R. §206.32(e)).

    99.

    42 U.S.C. §§5191 and 5170; 44 C.F.R. §§206.35, 206.36, 206.38, and 206.40(a); and FEMA, "How a Disaster Gets Declared." It is possible for the President to unilaterally declare an emergency under Stafford Act Section 501(b) when the federal government has "exclusive or preeminent responsibility and authority."

    100.

    44 C.F.R. §§206.35 and 206.36.

    101.

    For a list and description of information requirements to accompany a governor or tribal chief executive's request for an emergency declaration and a major disaster declaration, see 44 C.F.R. §206.35 and 44 C.F.R. §206.36, respectively.

    102.

    44 C.F.R. §206.48(b); and FEMA, Tribal Declarations Pilot Guidance, pp. 36-38.

    103.

    FEMA, Preliminary Damage Assessment Guide, August 2021, p. 1, https://www.fema.gov/sites/default/files/documents/fema_2021-pda-guide.pdf (hereinafter FEMA, Preliminary Damage Assessment Guide); FEMA's Preliminary Damage Assessment Guide, June 2024 (Draft 1.1), https://www.fema.gov/sites/default/files/documents/fema_pad-pda-guide_operational-draft_v1.1.pdf (in effect for events with incident periods starting on July 22, 2024, and after) (hereinafter FEMA, Preliminary Damage Assessment Guide Draft 1.1).

    104.

    44 C.F.R. §206.37(c).

    105.

    Per FEMA's regulation at 44 C.F.R. §206.48(b), "State fiscal capacity (44 CFR 206.48(b)(1)(i)) and uninsured home and personal property losses (44 C.F.R. 206.48(b)(2)) are the principal factors that FEMA will consider when evaluating the need for supplemental Federal assistance under the Individuals and Households Program but FEMA will always consider all relevant information submitted as part of a declaration request. If the need for supplemental Federal assistance under the Individuals and Households Program is not clear from the evaluation of the principal factors, FEMA will turn to the other factors to determine the level of need...."; and FEMA, Tribal Declarations Pilot Guidance, p. 34; FEMA, Tribal Declarations Interim Guidance, p. 68.

    106.

    DHS/FEMA, "Factors Considered When Evaluating a Governor's Request for Individual Assistance for a Major Disaster," 84 Federal Register 10632-10664, March 21, 2019, https://www.govinfo.gov/content/pkg/FR-2019-03-21/pdf/2019-05388.pdf (hereinafter DHS/FEMA, "Factors Considered When Evaluating a Request for IA"); 44 C.F.R. §206.48(b).

    107.

    FEMA, Individual Assistance Declarations Factors Guidance, June 2019, https://www.regulations.gov/document/FEMA-2014-0005-0071.

    108.

    According to FEMA, the same IA factors would be considered in the event a state or territory requests IHP assistance pursuant to an emergency declaration, and the Individual Assistance Declarations Factors Guidance would be useful in evaluating the need for IHP assistance. As described by FEMA, "[w]hile FEMA's regulations in 44 CFR 206.48 only expressly apply to requests for major disasters, in the event that a state did request IHP under an emergency declaration, the factors outlined in that provision would still be relevant to [assessing] whether the event was beyond state and local capabilities as it related to [the] IHP. Likewise, the Individual Assistance Declarations Factors Guidance (June 2019) would be relevant, in particular the discussion of the Principal Factors for evaluating the need for IHP [italics added]." FEMA also noted that IHP authorization pursuant to an emergency declaration is "extremely rare" and stated that the agency would encourage a state that is considering requesting an emergency declaration authorizing IA—IHP to instead consider requesting a major disaster declaration, "unless the event was a type that did not meet the major disaster definition," because "[e]vents that have a significant enough impact on individuals and households to warrant IHP are likely to have the need for other types of Individual Assistance...." (email correspondence from FEMA Congressional Affairs staff, November 27, 2019).

    109.

    DHS/FEMA, "Factors Considered When Evaluating a Request for IA," 84 Federal Register 10633; and 44 C.F.R. §206.48(b).

    110.

    Section 1110 of the Sandy Recovery Improvement Act of 2013 (SRIA, Division B of P.L. 113-2) amended the Stafford Act to allow tribal chief executives to request an emergency or major disaster declaration (alternatively, the tribe may receive assistance through the state's declaration).

    111.

    According to FEMA's website "Tribal Declarations Pilot Guidance," available at https://www.fema.gov/disasters/tribal-declarations, the period when Indian tribal governments could use the state/territory regulations ran from January 29, 2013, when SRIA was enacted, through January 9, 2017, when FEMA released its Tribal Declarations Pilot Guidance on January 10, 2017.

    112.

    FEMA, Tribal Declarations Pilot Guidance. FEMA had stated that it would develop regulations informed by the pilot when the pilot period concluded—though no specific time was set (FEMA, Tribal Declarations Pilot Guidance, p. 3; and FEMA, "Tribal Declarations Pilot Guidance," https://www.fema.gov/disasters/tribal-declarations).

    113.

    FEMA, Tribal Declarations Pilot Guidance, p. 34. "Appendix D; Tribal-Specific Considerations" of FEMA's Preliminary Damage Assessment Guide includes useful resources and unique considerations for Indian tribal governments during the Preliminary Damage Assessment process.

    114.

    According to FEMA, the need to update the Tribal Declaration Factors was identified as a component of its 2022-2026 FEMA National Tribal Strategy, available at https://www.fema.gov/about/organization/tribes/strategy. In December 2024, after working in 2023 to conduct consultations and listening sessions with Tribal Nations, FEMA released updated guidance for tribal declarations occurring on or after December 3, 2024 (FEMA, Tribal Declarations Interim Guidance, FP 104-009025-001, December 2024, https://www.fema.gov/sites/default/files/documents/fema_tribal-declarations-interim-guidance_2024.pdf [hereinafter FEMA, Tribal Declarations Interim Guidance]). The previous guidance applies to declarations occurring prior to December 3, 2024 (FEMA, Tribal Declarations Pilot Guidance).

    115. FEMA, Tribal Declarations Pilot Guidance, pp. 34, 36-38; FEMA, Tribal Declarations Interim Guidance, pp. 66-72. "Appendix D; Tribal-Specific Considerations" of FEMA's Preliminary Damage Assessment Guide, June 2024 (Draft 1.1), https://www.fema.gov/sites/default/files/documents/fema_pad-pda-guide_operational-draft_v1.1.pdf (in effect for events with incident periods starting on July 22, 2024, and after) (hereinafter FEMA, Preliminary Damage Assessment Guide Draft 1.1), includes useful resources and unique considerations for Tribal Nations during the Preliminary Damage Assessment process. 116.

    FEMA, "FEMA External Affairs Guidance: Fact Sheet on the Updated Tribal Declarations Interim Guidance," December 2024, p. 1, https://www.fema.gov/sites/default/files/documents/fema_tribal_fact-sheet-tribal-declarations-interim-guidance.pdf (hereinafter FEMA, "Fact Sheet on the Updated Tribal Declarations Guidance").

    117.

    FEMA, "Fact Sheet on the Updated Tribal Declarations Guidance," p. 1; FEMA, Tribal Declarations Interim Guidance, pp. 71-72; FEMA, "Summary of Changes: FEMA Tribal Declarations Interim Guidance," December 2024, p. 4, https://www.fema.gov/sites/default/files/documents/fema_tribal_detailed-summary-changes-tribal-declarations-interim-guidance.pdf.

    118.

    FEMA, Tribal Declarations Interim Guidance, pp. 71-72.