May 1, 2020
A Brief Overview of FEMA’s Public Assistance Program
The Federal Emergency Management Agency’s (FEMA)
to save lives; protect property, public health, and safety;
Public Assistance (PA) program provides financial
and reduce or avert the threat of a catastrophe.
assistance to states, tribes, and territories when authorized
Debris Removal (Category A)—Eligible entities may
as part of an emergency or major disaster declaration by the
receive direct assistance and reimbursement for the costs
President. PA’s broad scope includes assistance for urgent
of removing debris and wreckage from public and
response undertaken immediately before or after a hazard
private property when FEMA determines such work is
strikes, as well as long-term recovery assistance completed
in the public interest.
years later. PA was authorized in every U.S. state, territory,
and the District of Columbia over the past decade.
Emergency Protective Measures (Category B)—
Eligible entities may receive direct assistance and
If authorized, a state, tribe, or territory becomes the PA
reimbursement for work undertaken to save lives and
primary grant Recipient. State, tribal, territorial, and local
protect property (e.g., search and rescue, emergency
governments, as well as eligible nonprofit entities, may then
transportation, and distribution of food and first aid).
apply for funding. Applicants must submit a request for
grant funds to the PA primary grant Recipient, which
Permanent Work may only be authorized under a major
evaluates the potential eligibility with FEMA. The Robert
disaster declaration. It includes efforts to repair, restore,
T. Stafford Disaster Relief and Emergency Assistance Act
reconstruct, or replace disaster-damaged public and eligible
(the Stafford Act, P.L. 93-288, as amended) authorizes
private nonprofit facilities. Eligible entities may receive
FEMA to reimburse not less than 75% of the eligible costs
reimbursement for eligible work undertaken to return the
of specific types of disaster response and recovery work
following types of facilities to their pre-disaster use:
undertaken by eligible applicants. FEMA may recommend
Roads and Bridges (Category C)—except federal aid
an increase of the federal cost share in extraordinary cases.
roads;
PA-Eligible Work
Water Control Facilities (Category D)—including
PA includes both short-term “Emergency Work”
dams and levees;
undertaken to respond to a disaster or an emergency, and
Buildings and Equipment (Category E)—including
long-term “Permanent Work” undertaken to recover from a
eligible building contents;
major disaster. Emergency Work must be completed within
six months of a declaration, though extensions may be
Utilities (Category F)—including gas, power, water,
granted. Permanent Work generally must be completed
communication, and sewage facilities; and
within 18 months of a declaration. FEMA may grant
Parks, Recreational, Other (Category G)—including
extensions to all PA project deadlines.
railways, beaches, piers, ports, and harbors.
Emergency Work may be authorized under an emergency
or major disaster declaration. It includes efforts undertaken
Figure 1. General Timing of Public Assistance Programs
Source: Developed by CRS based on 44 C.F.R. §206.204(c) and (d); and FEMA, Public Assistance Policy and Program Guide (PAPPG), FP 104-009-2,
April 2018. pp. x, 141-142.
Notes: * These timelines reflect 44 C.F.R. §206.204(c), though extensions may be granted upon request per 44 C.F.R. §206.204(c) and (d).
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A Brief Overview of FEMA’s Public Assistance Program
Requesting and Authorizing PA
6. Hazard Mitigation: FEMA considers how mitigation
PA is only available after the President declares an
measures may have reduced the cumulative value of
emergency or major disaster pursuant to the Stafford Act.
damages. To encourage community resilience efforts,
PA is intended to supplement the resources of state,
FEMA may authorize PA even when estimated
territorial, tribal, and local governments when an incident
damages do not meet the per capita thresholds because
exceeds their ability to respond and recover. A governor of
of mitigation measures.
an affected state or territory or chief executive of an
7. Recent Multiple Disasters: FEMA considers impacts
affected Indian tribal government may determine their
and expenses of recent disasters within the disaster-
resources are insufficient and request federal aid for
affected jurisdiction to better assess the need for
specific jurisdictions. FEMA evaluates the request and
assistance. Incidents that received presidential or
provides a report to the President that may recommend
gubernatorial disaster declarations are both considered.
authorization of PA Emergency and/or Permanent Work.
8. Programs of Other Federal Assistance: FEMA
considers whether the disaster-related needs may be
Emergency Declarations
more appropriately met through other federal
A governor of a state or territory or tribal chief executive
assistance.
may request an emergency declaration to authorize PA
Section 1239 of the Disaster Recovery Reform Act of 2018
emergency work. Per 44 C.F.R. §206.35, to evaluate the
(Division D of P.L. 115-254) requires FEMA to review and
request, FEMA considers:
update these factors. This review is in progress.
1. Whether the incident is of such severity and magnitude
Figure 2. Stafford Act Declaration Request Process
that an effective response exceeds the capacity of state
and local governments; and
2. Whether the incident requires federal supplemental
emergency assistance to save lives and protect
property, public health and safety, or to lessen or avert
the threat of a disaster.
Governors and tribal chief executives must also describe the
state’s actions and resources available to respond to the
emergency, describe other federal assistance available, and
identify the type of federal assistance required.
Major Disaster Declarations. FEMA considers six factors
to evaluate a request for a major disaster declaration and
recommend a course of action to the President, per 44
C.F.R. §206.48(a). While no single factor is determinative,
generally FEMA authorizes PA only if the estimated cost of
assistance exceeds statewide and localized per-capita
thresholds. The factors are:
3. Estimated Cost of the Assistance: FEMA assesses the
estimated cost of public assistance, generally using a
Preliminary Damage Assessment (PDA). In
collaboration with federal, state, territorial, tribal, and
local representatives, FEMA determines whether
estimated costs of PA-eligible work across the
jurisdiction exceed $1 million total and an annually
adjusted per-capita threshold across the jurisdiction.
For FY2020, the threshold is $1.53 per capita.
Source: Developed by CRS based on 44 C.F.R. §§206.31-206.48.
4. Localized Impacts: FEMA assesses the local impacts
Notes: Appeals must be submitted within 30 days of the date of
of a disaster to determine if the estimated cost of
FEMA’s letter denying the request, per 44 C.F.R. §206.46(a) and (b).
damages exceed a countywide per capita threshold. For
Requests for assistance for additional jurisdictions or categories of
FY2020, the threshold is $3.84 per capita in damages at
work must be submitted within 30 days of the end date of the
the county, local, or tribal government level. This
incident or the date of the declaration, whichever is later, per 44
measure often determines whether FEMA recommends
C.F.R. §206.40(d).
PA authorization for specific jurisdictions. FEMA may
authorize PA in cases of severe, concentrated damages,
CRS and FEMA Resources
even when the statewide per capita threshold is not
met.
FEMA, Public Assistance Program and Policy Guide
(PAPPG), FP 104-009-2, April 2018.
5. Insurance Coverage in Force: FEMA reduces the
estimated cost of PA based on the actual or required
Erica A. Lee, Analyst in Emergency Management and
insurance coverage for PA-eligible work.
Disaster Recovery
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A Brief Overview of FEMA’s Public Assistance Program
IF11529
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