2020 Hurricane Season FAQ: Federal Disaster
June 1, 2020
Assistance for Hurricanes During the COVID-19 Elizabeth M. Webster,
Pandemic
Coordinator
Analyst in Emergency
The Atlantic hurricane season runs from June 1 through November 30, and the peak months are
Management and Disaster
mid-August through late October. The central Pacific hurricane season runs from June 1 through
Recovery
November 30, with the peak months being July through October. The eastern Pacific hurricane

season runs from May 15 through November 30, with July through September being the peak.
Diane P. Horn
Although in the central and eastern Pacific, near- or below-normal season are most likely, in the
Analyst in Flood Insurance
Atlantic, an “above-normal” hurricane season is predicted for 2020. Regardless of the forecast,
and Emergency
one hurricane or tropical storm can cause a disaster.
Management

The nation is also responding to the coronavirus disease 2019 (COVID-19) pandemic. On March
Erica A. Lee
13, 2020, President Donald J. Trump declared a national emergency under Section 501(b) of the
Analyst in Emergency
Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act; 42 U.S.C. §§
Management and Disaster
5121 et seq.) in response to the pandemic. The declaration authorized assistance to all U.S. states,
Recovery
territories, tribes, and the District of Columbia. Subsequently, the President approved major

disaster declaration requests under the Stafford Act for all 50 states, the District of Columbia,
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the
Bruce R. Lindsay
Northern Mariana Islands (authorized under Stafford Act Section 401).
Analyst in American
National Government

Every year, the Federal Emergency Management Agency (FEMA) and the National Oceanic and
Atmospheric Administration (NOAA) emphasize the need for preparedness going into hurricane
William L. Painter
season. In 2020, complicating the preparedness efforts of individuals, businesses, and the
Specialist in Homeland
government is the COVID-19 pandemic. The ongoing response to the pandemic may challenge
Security and
hurricane recovery efforts across all levels of the government, as well as by nonprofit and private
Appropriations
organizations, businesses, and individuals.

Natalie Keegan
Congress has a role in supporting disaster response and recovery efforts. Understanding the
Analyst in American
potential challenges that emergency managers at all levels of government may face in attempting
Federalism and Emergency
to deal with hurricanes during a pandemic, and understanding the support that affected
Management Policy
communities may need, provides a foundation to aid Congress in performing its funding,

oversight, and constituent responsibilities.

This report provides answers to frequently asked questions (FAQs) regarding:
 emergency and major disaster declarations under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (Stafford Act; 42 U.S.C. §§5121 et seq.), including legal authorities and information related
to the declaration request process;
 types of assistance that may be available to state, territorial, and tribal governments, private nonprofit
organizations, private entities, and individuals and households pursuant to a Stafford Act emergency or
major disaster declaration;
 considerations related to concurrently responding to a hurricane during the COVID-19 pandemic;
 the Disaster Relief Fund (DRF), the source of funding for the Stafford Act emergency and major disaster
declarations;
 other federal assistance that may be available through the Small Business Administration (SBA); and
 additional references.

The scope of this report is limited to assistance authorized under the Stafford Act. This report does not address other forms of
federal assistance that may support response to and recovery from a hurricane.
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Contacts
Author Information ........................................................................................................................ 34

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2020 Hurricane Season FAQ

Introduction
Hurricane season in the Atlantic runs from June 1 through November 30.1 The peak months are
from mid-August through late October.2 Additionally, the central Pacific hurricane season runs
from June 1 through November 30,3 with peak months being July through October;4 and the
eastern Pacific hurricane season runs from May 15 through November 30, peaking July through
September.5 In the Atlantic, an “above-normal” hurricane season is predicted for 2020.6 The
Atlantic outlook is to be updated in early August ahead of the peak months of the season.7 For the
eastern and central Pacific, however, NOAA’s outlooks indicate that near- or below-normal
seasons are most likely.8 Regardless of the forecast, “It only takes one hurricane (or tropical
storm) to cause a disaster.”9
The nation is also responding to the coronavirus disease 2019 (COVID-19) pandemic. On March
13, 2020, President Donald J. Trump declared a national emergency under Section 501(b) of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) in response to the
pandemic.10 The declaration authorized assistance to all U.S. states, territories, tribes, and the
District of Columbia. Subsequently, the President approved major disaster declaration requests
under the Stafford Act for all 50 states, the District of Columbia, Puerto Rico, the Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands (authorized
under Stafford Act Section 401).11
Every year, the Federal Emergency Management Agency (FEMA) and the National Oceanic and
Atmospheric Administration (NOAA) emphasize the need for preparedness going into hurricane
season because “it only takes one.”12 In 2020, however, complicating the preparedness efforts of
individuals, businesses, and the government is the pandemic. The ongoing COVID-19 pandemic

1 National Oceanic and Atmospheric Administration (NOAA), “Busy Atlantic Hurricane Season Predicted for 2020:
Multiple Climate Factors Indicate Above-Normal Activity is Most Likely,” May 21, 2020, https://www.noaa.gov/
media-release/busy-atlantic-hurricane-season-predicted-for-2020 (hereinafter NOAA, “Busy Atlantic Hurricane Season
Predicted for 2020”). See also NOAA, “NOAA 2020 Atlantic Hurricane Season Outlook,” May 21, 2020,
https://www.cpc.ncep.noaa.gov/products/outlooks/hurricane.shtml (hereinafter NOAA, “2020 Atlantic Outlook”).
2 NOAA, National Hurricane Center and Central Pacific Hurricane Center, “Tropical Cyclone Climatology,” last
accessed May 26, 2020, https://www.nhc.noaa.gov/climo/ (hereinafter NOAA, “Tropical Cyclone Climatology”).
3 NOAA, “Near- or Below-Normal 2020 Hurricane Season Predicted for Central Pacific,” May 20, 2020,
https://www.noaa.gov/media-release/near-or-below-normal-2020-hurricane-season-predicted-for-central-pacific
(hereinafter NOAA, “Near- or Below-Normal 2020 Hurricane Season Predicted for Central Pacific”).
4 See the “Central Pacific Tropical Cyclones by Month: 1971-2013” table that depicts increased numbers of tropical
cyclones in July, August, September, and October. NOAA, “Tropical Cyclone Climatology.”
5 NOAA, “NOAA 2020 Eastern Pacific Hurricane Season Outlook,” May 21, 2020, https://www.cpc.ncep.noaa.gov/
products/Epac_hurr/.
6 NOAA, “Busy Atlantic Hurricane Season Predicted for 2020.”
7 NOAA, “2020 Atlantic Outlook.”
8 NOAA, “NOAA’s 2020 Hurricane Season Outlooks,” last accessed May 26, 2020, https://www.cpc.ncep.noaa.gov/
products/Epac_hurr/Slide1.JPG; and NOAA, “Near- or below-normal 2020 hurricane season predicted for Central
Pacific.”
9 NOAA, “2020 Atlantic Outlook.”
10 Letter from Donald J. Trump, President of the United States, to Acting Secretary Wolf, Secretary Mnuchin, Secretary
Azar, and Administrator Gaynor, March 13, 2020, https://www.whitehouse.gov/wp-content/uploads/2020/03/
LetterFromThePresident.pdf. The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) may
be found at 42 U.S.C. §§5121 et seq.
11 The presidential declarations of major disaster for novel coronavirus 2019 (COVID-19) are listed on the FEMA
“COVID-19 Disaster Declarations” webpage, available at https://www.fema.gov/coronavirus/disaster-declarations.
12 NOAA, “2020 Atlantic Outlook.”
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response may also challenge efforts to deal with hurricanes across all levels of government, as
well as by nonprofit and private organizations, businesses, and individuals.
Understanding the potential challenges that emergency managers at all levels of government may
face in attempting to manage hurricane response and recovery efforts during a pandemic, and
understanding the support that affected communities may need, provides a foundation for
Congress to perform its funding, oversight, and constituent responsibilities.
This report provides answers to frequently asked questions (FAQs) regarding:
 emergency and major disaster declarations under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (Stafford Act; 42 U.S.C. §§5121 et seq.),
including legal authorities and information related to the declaration request
process;
 types of assistance that may be available to state, territorial, and tribal
governments, private nonprofit organizations, private entities, and individuals
and households pursuant to a Stafford Act emergency or major disaster
declaration;
 considerations related to concurrently responding to a hurricane during the
COVID-19 pandemic;
 the Disaster Relief Fund (DRF), the source of funding for the Stafford Act
emergency and major disaster declarations;
 other federal assistance that may be available through the Small Business
Administration (SBA); and
 additional references.
The scope of this report is limited to assistance authorized under the Stafford Act. There are,
however, other types of federal assistance that may support response to and recovery from a
hurricane. This report does not address other forms of assistance.
Stafford Act Emergency and Major Disaster
Declaration Requests
The Stafford Act authorizes the President to issue two types of declarations that could provide
federal assistance13 to states and localities in response to a hurricane: (1) an “emergency
declaration” (authorized under Stafford Act Section 501),14 and (2) a “major disaster declaration”
(authorized under Stafford Act Section 401).15
The federal government does not automatically provide assistance to local, state, territorial, and
Indian tribal governments when an incident16 occurs. Instead, typically, the governor of an

13 More information on the types of assistance that may be made available pursuant to an emergency or major disaster
declaration can be found in the “Stafford Act Assistance” section, below. For more information on statutory authorities
that the executive branch may exercise following a declaration of emergency or major disaster under the Stafford Act,
see CRS Report R46379, Emergency Authorities Under the National Emergencies Act, Stafford Act, and Public Health
Service Act, coordinated by Jennifer K. Elsea.
14 42 U.S.C. §5191.
15 42 U.S.C. §5170.
16 44 C.F.R. §206.32(e) defines an incident 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
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affected state or territory, or chief executive of an affected Indian tribal government requests that
the President declare an emergency or major disaster authorizing various types of assistance.17
This is because federal assistance is intended to supplement—not supplant—local, state,
territorial, or Indian tribal government response and recovery efforts. Figure 1 depicts the
Stafford Act declaration process.
Figure 1. Stafford Act Declaration Process

Source: Developed by CRS based on the Federal Emergency Management Agency’s (FEMA’s) webpage on “The
Disaster Declaration Process,” available at https://www.fema.gov/disaster-declaration-process.
The following questions relate to the Stafford Act declaration request process, including
appealing denial decisions.
Declaration Requests
Can Members of Congress request an emergency or major disaster declaration?
Members of Congress are not able to request an emergency or major disaster declaration. A
governor of the affected state or territory, or the chief executive of the affected Indian tribal
government must make a request for an emergency or major disaster declaration under the
Stafford Act.18 Members of Congress, however, may write a letter of support to the President to
accompany the state, territory, or Indian tribal government’s declaration request.19

major disaster or an emergency.”
17 44 C.F.R. §§206.35, 206.36, and 206.40(a); Federal Emergency Management Agency (FEMA), “The Disaster
Declaration Process,” last updated February 3, 2020, https://www.fema.gov/disaster-declaration-process (hereinafter
FEMA, “The Disaster Declaration Process”). For more information about the disaster declaration process, see CRS
Report R43784, FEMA’s Disaster Declaration Process: A Primer, by Bruce R. Lindsay.
18 Stafford Act Section 501 applies to emergency declarations (42 U.S.C. §5191(a) and (c)), and Stafford Act Section
401 applies to major disaster declarations (42 U.S.C. §5170(a) and (b)).
19 See, for example, a recent letter of support for Puerto Rico’s major disaster declaration request following the
earthquakes occurring in 2019 and 2020. Letter from Charles E. Schumer, United States Senator, Robert Menendez,
United States Senator, and Kirsten Gillibrand, United States Senator, et al. to President Donald J. Trump, President of
the United States, January 14, 2020, https://www.democrats.senate.gov/imo/media/doc/01142020%20-
%20President%20-%20LOS%20for%20Puerto%20Rico%20Major%20Disaster%20Dec%20Earthquakes.pdf.
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Who approves or denies a governor or chief executive’s request for an
emergency or major disaster declaration?
Though FEMA makes a recommendation to the President,20 the decision to issue or deny a
declaration resides solely with the President.21
How long does it take to receive a major disaster declaration?
The time between when a major disaster declaration is requested and the President’s decision is
issued varies based on the amount of damage assessed for the FEMA Public Assistance (PA) and
Individual Assistance (IA) programs, as well as the type of event. Most requests for major
disaster declarations that were neither expedited nor appealed were decided within a month after
being requested.22 However, requests for incidents with extraordinary damages can be expedited
and a major disaster declaration may be issued in less than a week.23
Can a major disaster be declared before an incident?
A major disaster cannot be declared before an incident occurs; however, an emergency
declaration can be issued before an incident’s occurrence to save lives, protect property, and
lesson or avert the threat of a major disaster.24
How do state, territorial, and Indian tribal governments request and receive
specific types of FEMA assistance?
A governor or chief executive’s request for a presidential declaration under the Stafford Act
includes requests for specific types of federal assistance (e.g., Public Assistance programs) for
specific, affected jurisdictions (e.g., counties within a state).25 FEMA provides template request
forms and cover letters that may be used for this purpose.26 The FEMA “Request for Presidential
Disaster Declaration Form,” FEMA Form 010-0-13, includes all of the statutory and regulatory
requirements for declaration requests.

20 FEMA uses the specific factors described in regulation at 44 C.F.R. §206.48 to provide a recommendation to the
President, and the decision to grant a declaration request is at the President’s discretion, per Stafford Act Sections 401
and 501 (42 U.S.C. §§5170 and 5191, respectively), and 44 C.F.R. §206.38.
21 42 U.S.C. §§5191 and 5170; and 44 C.F.R. §206.38.
22 CRS analyzed FEMA’s Preliminary Damage Assessment (PDA) Reports, and included this information in Table 7 of
CRS Report R44977, Preliminary Damage Assessments for Major Disasters: Overview, Analysis, and Policy
Observations, by Bruce R. Lindsay. This data is as of May 12, 2017.
23 For example, Puerto Rico’s request for an expedited major disaster declaration due to Hurricane Irma was approved
by President Donald J. Trump on September 10, 2017, after being requested by former Governor Ricardo Rosselló
Nevares on September 7, 2017. FEMA, “Preliminary Damage Assessment Report, Puerto Rico–Hurricane Irma:
FEMA-4336-DR,” declared September 10, 2017, https://www.fema.gov/media-library-data/1508250461870-
573f4fcd778d59352879fbb5ca0c92b4/FEMA4336DRPR(Expedited).pdf.
24 FEMA, “The Disaster Declaration Process.” Per FEMA’s website, pre-disaster emergency declarations typically
authorize Public Assistance Category B—emergency protective measures, limited to direct federal assistance. FEMA
may require damage assessments and/or verified cost estimates if additional types of assistance are requested.
25 Procedures for requests for an emergency or major disaster declaration are described in Stafford Act Sections 401
and 501; 42 U.S.C. §5170(a)-(c); 42 U.S.C. §5191(a)-(c); and 44 C.F.R. §§206.31-48.
26 FEMA’s “Request For Presidential Disaster Declaration Major Or Emergency” website provides the declaration
request form (i.e., FEMA Form 010-0-13) and cover letter templates, available at FEMA, “Request For Presidential
Disaster Declaration Major Or Emergency,” https://www.fema.gov/media-library/assets/documents/28122.
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Using the information submitted by the governor or chief executive,27 FEMA evaluates specific
factors to determine whether there is a need for supplemental federal assistance (i.e., Public
Assistance or Individual Assistance).28 These factors are also used by FEMA to determine the
specific types of supplemental federal assistance to authorize (e.g., high rates of disaster-related
unemployment may indicate a need for a form of Individual Assistance: Disaster Unemployment
Assistance). The FEMA Assistant Administrator for the Disaster Assistance Directorate has been
delegated the authority to designate types of assistance to be made available.29 After a presidential
Stafford Act declaration, the governor or chief executive may request additional types of
assistance.30 FEMA can approve such a request.31 It is relatively common to authorize additional
types of assistance subsequent to a presidential declaration.
Appeals
Can a denial of a Stafford Act declaration request be appealed?
If a declaration request is denied, the decision can be appealed once.32 Appeals must be made
within 30 days after the date of the letter denying the request, and the appeal must include any
additional information that may not have been included in the first request along with the
justification for reconsideration. The appeal must be submitted to the President through the
appropriate FEMA Regional Administrator.33
Can a denial of a type of assistance requested pursuant to a Stafford Act
declaration be appealed?
A governor or chief executive may appeal a denial of types of assistance (e.g., Public Assistance)
or areas requested (e.g., counties within a state).34 The appeal must be submitted in writing within
30 days of the date of the letter denying the request.35 The request and its justification must be
submitted to the Assistant Administrator for the Disaster Assistance Directorate through the
appropriate FEMA Regional Administrator for the FEMA region in which the state, territory, or
tribe is located.36 Federal regulations allow for one request for reconsideration of a single federal

27 For more detail on the information submitted by the governor or chief executive as part of the declaration request
process, see the Appendix.
28 44 C.F.R. §206.48. For more information on the factors considered when evaluating a governor or chief executive’s
request for a Stafford Act declaration, see the Appendix. See also CRS In Focus IF11529, A Brief Overview of FEMA’s
Public Assistance Program, by Erica A. Lee; and CRS In Focus IF11298, A Brief Overview of FEMA’s Individual
Assistance Program, by Elizabeth M. Webster.
29 44 C.F.R. §206.40(a).
30 44 C.F.R. §206.40(c).
31 44 C.F.R. §206.40(c); see also FEMA, Tribal Declarations Pilot Guidance, January 2017, p. 48,
https://www.fema.gov/media-library-data/1523033284358-20b86875d12843441a521a6141c15099/Pilot_Guidance.pdf
(hereinafter FEMA, Tribal Declarations Guidance).
32 44 C.F.R. §206.46(a).
33 44 C.F.R. §206.46(a).
34 44 C.F.R. §206.46(b); see also FEMA, Tribal Declarations Guidance, p. 49.
35 44 C.F.R. §206.46(b).
36 44 C.F.R. §206.46(b). Governors may also appeal a denial of a declaration request, for example, if they request and
are denied for a major disaster declaration (44 C.F.R. §206.46(a)).
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decision regarding assistance provided pursuant to a disaster declaration37 and FEMA’s
determination on the appeal is final.
Stafford Act Assistance
Different types of federal assistance are available pursuant to each type of declaration (see Table
1 for a list of the assistance available pursuant to an emergency or major disaster declaration).
Emergency declarations may authorize some forms of Public Assistance (PA) and Individual
Assistance (IA), but the assistance is limited.38 Major disaster declarations may provide more
forms of assistance than emergency declarations, including all forms of PA and IA, as well as
assistance through the Hazard Mitigation Grant Program (HMGP).
As noted in the “Can a major disaster be declared before an incident?” section, states, territories,
and Indian tribal governments may request pre-landfall emergency declarations for hurricanes.39
If the President approves a pre-disaster emergency declaration, assistance made available is
typically PA Category B, limited to direct federal assistance (DFA), according to FEMA.40
The following questions relate to the types of FEMA assistance that may be made available to
support hurricane response and recovery efforts. Considerations are included for responding to
and recovering from hurricanes during the COVID-19 pandemic.
Table 1. Assistance Available Under Stafford Act Declarations

Emergency Declaration
Major Disaster Declaration
Public Assistance (PA)
Emergency Work
Emergency Work
Category A–Debris Removal
Category A–Debris Removal
Category B–Emergency Protective
Category B–Emergency Protective
Measures
Measures
Permanent Work
Category C–Roads and Bridges
Category D–Water Control
Facilities
Category E–Buildings and
Equipment
Category F–Utilities
Category G–Parks, Recreational,
Other

37 44 C.F.R. §206.46(b).
38 Emergency declarations do not authorize Hazard Mitigation Assistance (HMA) for projects that may reduce the loss
of life and property from future disasters.
39 FEMA, “The Disaster Declaration Process.”
40 FEMA, “The Disaster Declaration Process.”
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Emergency Declaration
Major Disaster Declaration
Individual Assistance (IA)
Individuals and Households
IHP
Program (IHP)
Crisis Counseling Program
Disaster Case Management
Disaster Unemployment Assistance
Disaster Legal Services
Disaster Supplemental Nutrition
Assistance Program
Hazard Mitigation Assistance
Not Available
Hazard Mitigation Grant Program
(HMA)
Source: Developed by CRS based on the Federal Emergency Management Agency’s (FEMA’s) webpage on “The
Disaster Declaration Process,” available at https://www.fema.gov/disaster-declaration-process.
Public Assistance (PA)
When the President makes an emergency or major disaster declaration for hurricanes or other
incidents under the Stafford Act, states, territories, Indian tribal governments, and local
governments, as well as certain private nonprofit organizations, may receive assistance through
FEMA’s Public Assistance (PA) program.41
What does the PA program provide for hurricane response and recovery?
Stafford Act emergency declarations may authorize PA “emergency work” undertaken to save
lives, protect property, public health, and safety, and lessen or avert the threat of a catastrophe.42
Stafford Act major disaster declarations may authorize PA “emergency work” as well as PA
“permanent work” undertaken to repair, restore, reconstruct, or replace disaster-damaged public
and eligible private nonprofit facilities.43 “Emergency work” authorization may provide
assistance for debris removal (Category A) and emergency protective measures (Category B).44
“Permanent work” authorization may provide assistance for the repair, reconstruction, or
replacement of eligible Roads and Bridges (Category C); Water Control Facilities (Category D);
Buildings and Equipment (Category E); Utilities (Category F); and Parks, Recreational, and Other
facilities (Category G), as summarized in Table 1.
If authorized, a state, territory, or tribe becomes the PA primary grant Recipient (hereinafter,
Recipient).45 State, tribal, territorial, and local governments, as well as eligible nonprofit entities,

41 For more information on the Public Assistance (PA) program, see CRS In Focus IF11529, A Brief Overview of
FEMA’s Public Assistance Program, by Erica A. Lee.
42 With regard to Public Assistance (PA), emergency declarations may authorize “emergency work,” per Section 502 of
the Stafford Act (42 U.S.C. §5192). FEMA’s two categories of PA “emergency work” are debris removal (Category A)
and emergency protective measures (Category B) (FEMA, Public Assistance Program and Policy Guide (PAPPG), FP
104-009-2, April 2018, p. 19, https://www.fema.gov/media-library-data/1525468328389-
4a038bbef9081cd7dfe7538e7751aa9c/PAPPG_3.1_508_FINAL_5-4-2018.pdf (hereinafter FEMA, PAPPG)).
43 Assistance for these PA program is authorized under Stafford Act Sections 402, 403, 407, 418, 419, and 502; 42
U.S.C. §§5170a-5170b, 5173, 5185-86, 5192, respectively. See also 44 C.F.R. §206.220 for general eligibility for
public assistance.
44 FEMA, PAPPG, p. 51.
45 The term “Recipient” in this report refers to “an entity that receives a Federal award directly from a Federal awarding
agency to carry out an activity,” per 2 C.F.R. §200.86 and the FEMA, PAPPG, p. 21.
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may then apply for funding for specific PA projects as PA Applicants (hereinafter Applicant).46
Applicants must submit a request for grant funds to the PA Recipient, which evaluates the
potential eligibility of the PA Applicant, facility, work, and costs with FEMA.47
Is there a non-federal cost share for the PA program? Can it be adjusted?
The Stafford Act authorizes FEMA to reimburse not less than 75% of the eligible costs of specific
types of disaster response and recovery work undertaken by eligible PA Applicants.48 FEMA may
recommend that the federal cost share be increased in extraordinary cases49 at the request of a
state, territory, or tribe.50 However, only the President has the authority to adjust the federal share
of PA programs.
FEMA recommends an increase in the federal cost share to up to 90% for major disasters when
the estimated cost of PA exceeds an annually-adjusted per-capita threshold across the state,
territory, or tribe.51 For FY2020, the threshold is $149 per capita.52 FEMA may also take into
account other disasters in the affected area during the preceding twelve months.53 In extraordinary
cases, FEMA may recommend an increase in the cost share of PA emergency work to 100% for a
limited period of time, irrespective of the estimated damages.54
Is PA available for businesses for hurricane response and recovery?
Private businesses and other for-profit entities are not eligible Applicants for PA. Under the
Stafford Act, however, certain private nonprofit organizations (PNPs)55 may be eligible for PA if
they provide “critical services” or non-critical, “essential” services available to the general public.
Eligible PNPs that provide critical services are “educational, utility, irrigation, emergency,

46 The term “Applicant” in this report refers to “the responsible entity for a project,” per the FEMA, PAPPG, p. 22.
47 Stafford Act Section 403(a)(4) authorizes the President to reimburse state and local governments, as well as private
nonprofit facilities, for essential assistance following a major disaster declaration (42 U.S.C. §5170b(a)(4)). Section
406(a)(1) of the Stafford Act authorizes the President to reimburse state and local governments, as well as private
nonprofit facilities, for repair, restoration, and replacement of damaged facilities assistance following a major disaster
declaration (42 U.S.C. §5172(a)(1)).
48 See, for example, Stafford Act Section 503(a), 42 U.S.C. §5193(a); and Stafford Act Section 403(b), 42 U.S.C.
§5170b(b).
49 For more information, see CRS Report R41101, FEMA Disaster Cost-Shares: Evolution and Analysis, by Natalie
Keegan and Elizabeth M. Webster.
50 44 C.F.R. §206.47. For cost-share adjustments for tribes, see 42 U.S.C. §5170(c) and FEMA, Tribal Declarations
Pilot Guidance, January 2017, p. 38-39, https://www.fema.gov/media-library-data/1523033284358-
20b86875d12843441a521a6141c15099/Pilot_Guidance.pdf.
51 44 C.F.R. §206.47(b).
52 Department of Homeland Security (DHS), FEMA, “Notice of Adjustment of Statewide per Capita Indicator for
Recommending a Cost Share Adjustment,” 84 Federal Register 6965, February 6, 2020.
53 44 C.F.R. §206.47(c).
54 44 C.F.R. §206.47(d).
55 Private nonprofit organizations (PNPs) are defined in both the Stafford Act and FEMA regulations. 44 C.F.R.
§206.221(f) defines PNPs as “any nongovernmental agency or entity that currently has: (1) An effective ruling letter
from the U.S. Internal Revenue Service, granting tax exemption under sections 501(c), (d), or (e) of the Internal
Revenue Code of 1954, or (2) Satisfactory evidence from the State that the nonrevenue producing organization or entity
is a nonprofit one organized or doing business under State law.” Additionally, Stafford Act Section 102(11)(A) and (B)
defines private nonprofit facilities (42 U.S.C. §5122 (11)(A) and (B)).
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medical, rehabilitational, and temporary or permanent custodial care facilities (including those for
the aged and disabled) and facilities on Indian reservations.”56
PNPs that provide “non-critical, essential” services are
any private nonprofit facility that provides essential social services to the general public
(including museums, zoos, performing arts facilities, community arts centers, community
centers, libraries, homeless shelters, senior citizen centers, rehabilitation facilities, shelter
workshops, food banks, broadcasting facilities, houses of worship, and facilities that
provide health and safety services of a governmental nature), as defined by the President.
No house of worship may be excluded from this definition because leadership or
membership in the organization operating the house of worship is limited to persons who
share a religious faith or practice.57
Religiously affiliated PNPs must meet the same eligibility criteria as other PNPs.58
For-profit entities are not eligible to apply for reimbursement through the PA program. For-profit
entities, however, may be eligible for assistance through the Small Business Administration
(SBA) Disaster Loan Program (for more information, see the “Small Business Administration
(SBA) Disaster Loan Program” section, below).59
Eligible PA Applicants may also contract for-profit entities to perform PA-reimbursable work that
complies with federal and state, tribal, or territorial procurement procedures and PA program
requirements.60
How do PA Applicants receive reimbursement for response and recovery
work?
State, territories, and Indian tribal governments that have received emergency declarations or
major disaster declarations are PA grant Recipients, which administer PA awards in their
jurisdictions.61 Before receiving funds, PA grant Recipients must execute FEMA-
State/Tribal/Territorial Agreements, submit federal grant applications, create a payment account,
and update Recipient Public Assistance Administrative Plans.62 Additionally, FEMA must
approve the Recipient’s Hazard Mitigation Plan before receiving funds for PA permanent work.63

56 Stafford Act Section 102(11)(A), 42 U.S.C. §5122(11)(A), and 44 C.F.R. §206.221(e). FEMA provides a full
discussion on the eligibility of private non-profit organizations in FEMA, PAPPG, pp. 43-47.
57 Stafford Act Section 102(11)(B), 42 U.S.C. §5122(11)(B), and 44 C.F.R. §206.221(e)(7). See also FEMA, PAPPG,
p. 46.
58 The Bipartisan Budget Act of 2018 (P.L. 115-123) changed eligibility for houses of worship under the Stafford Act.
Per 42 U.S.C. §5122(11)(B), “[n]o house of worship may be excluded from this definition because leadership or
membership in the organization operating the house of worship is limited to persons who share a religious faith or
practice.”
59 For more information, see CRS Report R44412, SBA Disaster Loan Program: Frequently Asked Questions, by Bruce
R. Lindsay.
60 FEMA, PAPPG, pp. 76-85.
61 A Recipient is a “non-Federal entity that receives a Federal award directly from a Federal awarding agency to carry
out an activity under a Federal program.” See 2 C.F.R. §200.
62 FEMA, PAPPG, pp. 26-27. For more information on state administrative plans, see 44 C.F.R. §206.207(b).
63 FEMA, PAPPG, pp. 27-28.
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Eligible Applicants may apply for funding through the Recipient’s PA award.64 FEMA generally
refers to PA Applicants as any entity that is responsible for PA-eligible work.65 Applicants may be
state, tribal, territorial, and local governments, as well as eligible private nonprofits.66 For
example, a state, tribal, or territorial Department of Health or a school district may apply for PA
to reimburse costs incurred for eligible response and recovery work as a PA Applicant. In both
instances, those funds would be administered by the state, territory, or Indian tribal government
that received the declaration as the PA grant Recipient.
To receive PA funds, Applicants may submit a request for grant funds, a project worksheet
describing the details of the work and costs claimed, and supporting documentation though the PA
Grants Portal.67 FEMA and the PA grant Recipient are to conduct site inspections, scoping
meetings, and documentation verification to formulate the scope of the project and verify the
eligibility of relevant costs.68 FEMA and the Recipient evaluate this information to confirm
project and cost eligibility.69 Once a project worksheet is approved, Applicants may receive
reimbursement for eligible costs70 incurred while executing eligible work.71 FEMA may obligate
funds in phases depending on project size.72 During the 2020 Hurricane Season, FEMA has put in
place remote procedures to complete several phases of PA application, damage assessment, and
eligibility analysis in line with the Centers for Disease Control and Prevention’s (CDC’s)
guidance and social distancing requirements during the COVID-19 pandemic.73
FEMA notes that expedited assistance may be available for emergency work in certain cases.74
When expedited assistance is approved for large projects (in FY2020, large projects are those
over $131,100),75 FEMA obligates 50% of the federal share of total estimated project costs as
soon as the project worksheet is approved, and the PA Applicant may be reimbursed at that time.76

64 Application procedures for PA grant Recipients and Applicants are described in 44 C.F.R. §206.202(a)-(f). See also
FEMA, PAPPG, pp. 35-41, 48-49, 60-65, 92, 193-188, and 190.
65 FEMA, PAPPG, p. 22. Eligible applicants are described in 44 C.F.R. §206.222.
66 Stafford Act Section 403(a)(4), 42 U.S.C. §5170b(a)(4), and Stafford Act Section 406(a)(1), 42 U.S.C. §5172(a)(1);
see also 44 C.F.R. §206.222.
67 44 C.F.R. §206.202 and FEMA, PAPPG, p. 35. For more information, see FEMA, “Strategic Funds Management—
Implementation Procedures for the Public Assistance Program,” SOP 9570.24, December 21, 2012,
https://www.fema.gov/media-library-data/20130726-1902-25045-1202/
sop_9570.24_strategic_funds_management___implementation_procedures_for_pa_program.pdf.
68 See application, project formulation, and review process procedures at 44 C.F.R. §206.202, and FEMA, PAPPG, pp.
35-41, 48-49, 60-65, 92, 193-188, 190. Note that these procedures are specific to awards carried out under conventional
406 procedures. For projects carried out under Section 428 procedures, see “What are Section 428 Alternative
Procedures for PA?”
69 44 C.F.R. §206.202(e).
70 44 C.F.R. §206.228 and FEMA, PAPPG, pp. 65-96. See Stafford Act Section 406(e) at 42 U.S.C. §5172(e) for
eligible costs incurred for permanent work conducted under Section 406 procedures.
71 44 C.F.R. §206.223(a) and FEMA, PAPPG, pp. 44, 51-59.
72 44 C.F.R. §206.205 and FEMA, PAPPG, pp. 190-192.
73 FEMA, COVID-19 Pandemic Operational Guidance for the 2020 Hurricane Season, May 2020, p. 16,
https://www.fema.gov/media-library-data/1589997234798-adb5ce5cb98a7a89e3e1800becf0eb65/
2020_Hurricane_Pandemic_Plan.pdf (hereinafter FEMA, COVID-19 Operational Guidance for Hurricane Season).
74 FEMA, PAPPG, pp. 184-185.
75 FEMA, “Per Capita Indicator and Project Thresholds,” https://www.fema.gov/public-assistance-indicator-and-
project-thresholds (hereinafter FEMA, “Per Capita Indicator and Thresholds”).
76 FEMA, PAPPG, pp. 184-185. See also questions and answers regarding expedited funding in FEMA, “Public
Assistance Frequently Asked Questions,” last accessed May 25, 2020, https://www.fema.gov/public-assistance-
frequently-asked-questions#Q12 (hereinafter FEMA, “PA FAQs”).
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The remaining federal share may be reimbursed once the Applicant submits documentation of
actual costs incurred while performing eligible work.77
How long does it take for states, territories, and Indian tribal governments to
receive reimbursement for response and recovery work from FEMA?
The time elapsed during delivery of PA typically varies. A number of different factors involved in
the PA application and reimbursement process affect the delivery of PA. Relevant factors include
the scope of the project78 and the time required for the performance of eligible work.79
FEMA may obligate and disburse funds for small projects (those up to $131,100 in FY2020)
upon the approval of a project worksheet, the form FEMA uses to document the details of the
Applicant’s work and costs claimed.80 For large projects (those equal to or greater than $131,100
in FY2020), FEMA may obligate funds to the PA grant Recipient upon the approval of a project
worksheet. Applicants may then request reimbursement for work completed from the PA grant
Recipient.81
Is there a cap on how much funding applicants may receive through the FEMA
PA program?
There is no set cap on the amount of PA funding that FEMA may provide for any given
declaration, state/territory/Indian tribal government (Recipient), or eligible Applicant. 82 However,
there are eligibility restrictions. To receive PA, the Applicant, facility, work, and costs all must be
eligible.83

77 FEMA, “PA FAQs.”
78 For more information on reimbursement procedures, see 44 C.F.R. §206.205; FEMA, PAPPG, pp. 190-191; and
FEMA, “Strategic Funds Management—Implementation Procedures for the Public Assistance Program,” SOP 9570.24,
Dec 21, 2012, https://www.fema.gov/media-library-data/20130726-1902-25045-1202/
sop_9570.24_strategic_funds_management___implementation_procedures_for_pa_program.pdf.
79 See 44 C.F.R. §206.204(c).
80 44 C.F.R. §206.205(a). FEMA defines project size based on an annually adjusted cost threshold. In FY2020, a small
project is a project above $3,300 and equal to or less than $131,100. FEMA, “Per Capita Indicator and Thresholds.”
81 44 C.F.R. §206.205(b), and FEMA, “Per Capita Indicator and Thresholds.” For more on the PA reimbursement
process, see 44 C.F.R. §206.205 and FEMA, PAPPG, pp. 142-146.
82 Stafford Act Section 503 sets a statutory “cap” of $5 million on spending for a single emergency, but there is an
exception when continued emergency assistance is needed, per 42 U.S.C. §5193(b); see also 44 C.F.R. §206.67.
83 FEMA, PAPPG, p. 38; 44 C.F.R. §§206.220-228. Eligible Applicants include state, territories, tribes, local
governments, and certain private nonprofit organizations (PNPs) (Stafford Act §§403(a)(4), 406(a)(1), and 407(a)(2);
42 U.S.C. §5170b(a)(4); 42 U.S.C. §5172(a)(1); 42 U.S.C. §5173(a)(2); 44 C.F.R. §206.222; and FEMA, PAPPG, pp.
42-47). To be eligible for PA permanent work, facilities generally must either be eligible public facilities or eligible
private nonprofit facilities. Definitions of eligible facilities are available at Stafford Act Sections 102(10)-(11) (42
U.S.C. §5122(10)-(11); 44 C.F.R. §206.221(e) and (h); and FEMA, PAPPG, pp. 55-59). PA-eligible work includes
both short-term “emergency work” undertaken to respond to a disaster or an emergency, and long-term “permanent
work” undertaken to recover from a major disaster (see Table 1 for a list of the types of emergency and permanent
work). Assistance for these PA program is authorized under Stafford Act Sections 402, 403, 407, 418, 419, and 502 (42
U.S.C. §§5170a-5170b, 5173, 5185-86, 5192; see also 44 C.F.R. §206.220 for general eligibility for PA). Eligible costs
must fulfill a number of criteria. Costs must be reasonable and incurred while performing eligible work (44 C.F.R.
§206.228). For a detailed discussion of PA cost eligibility, see FEMA, PAPPG, pp. 65-96.
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Additionally, the Stafford Act prohibits assistance for costs that are covered by other means,
known as a duplication of benefits.84 Applicants may not receive PA for costs covered by private
or public insurance proceeds, other federal programs, or other means.85
Applicants for PA permanent work may elect to complete PA projects with capped awards in
order to improve upon pre-disaster design, complete alternate projects, or execute the project
under Stafford Act Section 428 alternative procedures (see the “What are Section 428 Alternative
Procedures for PA?” section, below).86 Reimbursement for PA Applicants that pursue these
options is capped on the basis of project costs estimates.87 If Applicants do not pursue these
options, there is no cap on the amount of funding they may receive for eligible project costs
incurred while performing eligible work on a given project.
What are Section 428 Alternative Procedures for PA?
In 2013, Congress amended the Stafford Act under Section 428 to authorize FEMA to use
alternative procedures for PA “emergency work” for debris removal (Category A), and
“permanent work” for the repair, reconstruction, or replacement of eligible Roads and Bridges
(Category C); Water Control Facilities (Category D); Buildings and Equipment (Category E);
Utilities (Category F); and Parks, Recreational, and Other facilities (Category G), as summarized
in Table 1.88 The new section authorized FEMA to implement what is commonly known as the
Section 428 Program for debris removal and permanent work. According to FEMA, the goals of
the Section 428 Program are to reduce costs, increase flexibility, expedite assistance, and provide
incentives for timely and cost-effective project completion.89 Participation in the Section 428
Program is voluntary; Applicants may utilize the program on a project-by-project basis.90
Use of the alternative procedures set forth in the Section 428 Program requires that the PA
Applicant and FEMA agree on a fixed-cost estimate for permanent work projects.91 PA funding
for those projects is then capped at the fixed estimate. If the actual costs of the project exceed this
cap, the Applicant is responsible for the difference.92 If the actual project costs are below the fixed

84 Stafford Act Section 312, 42 U.S.C. §5156.
85 See Stafford Act Section 312, 42 U.S.C. §5156, and PAPPG, pp. 93-95. FEMA will not provide reimbursement for
facilities that are under the specific authority of another federal agency. 44 C.F.R. §206.226(a).
86 FEMA, PAPPG, pp. 164-168.
87 Section 428 Alternative Procedures are authorized in Stafford Act Section 428; 42 U.S.C. §5189f. See also FEMA,
PAPPG, pp. 163-168, and FEMA, “Public Assistance Alternative Procedures for Permanent Work Pilot,” v. 4, FP 104-
009-7, August 19, 2019, https://www.fema.gov/media-library-data/1568910139061-
36ef984e91a480f99341e6836ac27ae8/PAAP_Perm_Work_Guide_V4_2019_508.pdf (hereinafter FEMA, “PA
Alternative Procedures Permanent Work Pilot”).
88 The Sandy Recovery Improvement Act (SRIA; P.L. 113-2, 127 Stat. 39). The Public Assistance Program Alternative
Procedures is codified at 42 U.S.C. §5189f; Stafford Act Section 403, 42 U.S.C. §5170b; Stafford Act Section 406, 42
U.S.C. §5172; Stafford Act Section 407, 42 U.S.C. §5173; and Stafford Act Section 502, 42 U.S.C. §5192.
89 FEMA, Public Assistance Program Alternative Procedures: Fiscal Year 2015 Report to Congress, November 12,
2015, p. 3, https://www.dhs.gov/sites/default/files/publications/
Federal%20Emergency%20Management%20Agency%20%28FEMA%29%20-
%20Public%20Assistance%20Program%20Alternative%20Procedures%20-%20Q1%20Status%20Report.pdf.
90 Stafford Act Section 428(d), 42 U.S.C. §5189f(d).
91 FEMA, PAPPG, pp. 188-189. For guidance for alternative procedures for debris removal, see FEMA, PAPPG, p.
101; and FEMA, “Public Assistance Alternative Procedures Pilot Program for Debris Removal,” FP 104-09-12,
https://www.fema.gov/media-library-data/1566415013468-ef2ae682ccafb18f32ca687e53046626/
PAAP_Debris_Guide_V7_6-28-2019_508.pdf.
92 FEMA, PAPPG, p. 189.
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cost estimate, the Applicant may use the excess funds for other PA Program-related purposes
authorized by FEMA.93 Section 428 Program funds may be used for a number of purposes,
including for eligible alternate projects and eligible improvements and mitigation projects on
undamaged facilities.94
Individual Assistance (IA)
When the President makes an emergency or major disaster declaration for hurricanes or other
incidents under the Stafford Act, disaster survivors may receive assistance through FEMA’s
Individual Assistance (IA) program.95
What assistance may FEMA provide to disaster survivors?
One form of IA—the Individuals and Households Program (IHP)—may be authorized pursuant to
an emergency declaration.96 However, all forms of IA may be authorized pursuant to a major
disaster declaration, including (1) assistance for housing and for other needs assistance through
the Individuals and Households Program (IHP); (2) the Crisis Counseling Assistance and Training
Program; (3) Disaster Unemployment Assistance; (4) Disaster Legal Services; and (5) Disaster
Case Management services, as summarized in Table 1.97 FEMA’s IA program also includes Mass
Care and Emergency Assistance, which involves the provision of life-sustaining services to
disaster survivors prior to, during, and following an incident through short-term recovery.98
The Individuals and Households Program (IHP) is the primary assistance program for providing
federal assistance to disaster survivors. It provides financial and/or direct assistance to eligible
individuals and households who, as a result of a disaster, have uninsured or under-insured
necessary expenses and serious needs that cannot be met through other means or forms of

93 FEMA, “PA Alternative Procedures Permanent Work Pilot,” p. 3.
94 A full list of eligible use of funds for Section 428 Program awards is available in FEMA, PAPPG, pp. 165-166.
95 For more information on the Individual Assistance (IA) program, see CRS Report R46014, FEMA Individual
Assistance Programs: An Overview, by Elizabeth M. Webster.
96 The Individuals and Households Program (IHP) is authorized under Stafford Act Section 408, and it may be
authorized pursuant to an emergency declaration (Stafford Act Section 502(a)(6), 42 U.S.C. §5192(a)(6)). For more
information on FEMA’s Individual Assistance program, see CRS Report R46014, FEMA Individual Assistance
Programs: An Overview, by Elizabeth M. Webster.
97 Assistance for these Individual Assistance (IA) programs is authorized under Stafford Act Sections 408 (Individuals
and Households Program), 426 (Disaster Case Management), 416 (Crisis Counseling Assistance and Training
Program), 415 (Disaster Legal Services), and 410 (Disaster Unemployment Assistance); 42 U.S.C. §§5174, 5189d,
5183, 5182, and 5177, respectively. See also 44 C.F.R. §§206.110-120 for information on the Individuals and
Households Program, and 44 C.F.R. §206.171 (Crisis Counseling Assistance and Training Program), 44 C.F.R.
§206.164 (Disaster Legal Services), and 44 C.F.R. §206.141 (Disaster Unemployment Assistance). If the IHP is
authorized, applicants in a declared disaster area may register for FEMA IA and Small Business Administration (SBA)
disaster loan assistance (additional information about the process by which applicants may receive IA is described in
CRS Report R45238, FEMA and SBA Disaster Assistance for Individuals and Households: Application Processes,
Determinations, and Appeals, by Bruce R. Lindsay and Elizabeth M. Webster). For additional information about
FEMA Individual Assistance, see CRS Report R46014, FEMA Individual Assistance Programs: An Overview, by
Elizabeth M. Webster.
98 FEMA, Individual Assistance Program and Policy Guide (IAPPG), FP 104-009-03, March 2019, pp. 15-42,
https://www.fema.gov/media-library-data/1551713430046-1abf12182d2d5e622d16accb37c4d163/IAPPG.pdf
(hereinafter FEMA, IAPPG).
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assistance.99 The categories of IHP assistance are Housing Assistance and Other Needs Assistance
(ONA).100 Table 2 lists the types of FEMA Housing Assistance and ONA.101
Table 2. Types of Housing Assistance and Other Needs Assistance
Housing Assistance:
Housing Assistance:
ONA:
ONA:
Financial
Direct
SBA-Dependent
Non-SBA-Dependent
Lodging Expense
Multifamily Lease and
Personal Property
Funeral Assistance
Reimbursement
Repair
Moving and Storage
Medical and Dental
Rental Assistance
Transportable Temporary
Transportation Assistance Assistance
Home Repair Assistance
Housing Units
Group Flood Insurance
Childcare Assistance
Home Replacement
Direct Lease
Policy
Assistance for
Assistance
Permanent Housing
Miscellaneous Items
Construction
Critical Needs Assistance
Clean and Removal
Assistance
Source: FEMA, Individual Assistance Program and Policy Guide (IAPPG), FP 104-009-03, March 2019, p. 7,
https://www.fema.gov/media-library-data/1551713430046-1abf12182d2d5e622d16accb37c4d163/IAPPG.pdf
(hereinafter FEMA, IAPPG).
Notes: Other Needs Assistance (ONA) provides a grant of financial assistance for other disaster-related
necessary expenses and serious needs, and includes the subcategories of Small Business Administration (SBA)-
Dependent ONA and Non-SBA-Dependent ONA. FEMA and the SBA col aborate in determining applicant
eligibility for SBA-Dependent ONA. To receive SBA-Dependent types of ONA, applicants must first apply for an
SBA disaster loan. SBA-Dependent ONA is only available to individuals or households who do not qualify for an
SBA disaster loan or whose SBA disaster loan amount is insufficient. Non-SBA-Dependent types of ONA may be
awarded regardless of the individual or household’s SBA disaster loan status. For more information, see the
FEMA, IAPPG, pp. 133 and 137.
FEMA’s COVID-19 Pandemic Operational Guidance for the 2020 Hurricane Season states that
the agency “does not anticipate major changes in program eligibility, timeliness of grant awards,
or the level of assistance provided under the Individual and Households Program.”102 However,
some aspects of program administration are to change based on need for social distancing caused
by the COVID-19 pandemic. For example, although the standard mechanism for verifying loss
and determining IHP eligibility for programs, including Rental Assistance, Home Repair
Assistance, Home Replacement Assistance, and ONA for Personal Property and for
Miscellaneous Items, is an on-site inspection conducted by a FEMA inspector,103 due to the
COVID-19 pandemic, FEMA has stated that the agency will use remote inspection processes and
field work to evaluate damage, and has issued interim policy guidance to support such efforts.104

99 Stafford Act Section 408, 42 U.S.C. §5174, and 44 C.F.R. §206.110(a); see also FEMA, IAPPG, p. 6, and FEMA,
“Individuals and Households Program Fact Sheet,” July 2019, https://www.fema.gov/media-library-data/
1571949706314-838a916aad698391afe34b45ac13100a/1_FACTSHEET_Individuals_and_Households_Program.pdf.
100 Housing Assistance can provide either financial or direct assistance; all types of other needs assistance (ONA) are
financial assistance.
101 For more information on the types of Housing Assistance and ONA, see CRS Report R46014, FEMA Individual
Assistance Programs: An Overview, by Elizabeth M. Webster.
102 FEMA, COVID-19 Operational Guidance for Hurricane Season, p. 15.
103 FEMA, IAPPG, p. 72.
104 See FEMA, “Pandemic Remote Inspection Process Individuals and Households Program Policy (Interim),” FP 104-
009-17, March 20, 2020, https://www.fema.gov/media-library-data/1586378468610-
f7dc6e2d4999f3e7906eb35ff14a76c8/RemoteInspectionProcess.pdf; see also, FEMA, COVID-19 Operational
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In addition to on-site inspections, FEMA may also use other methods of verification, such as a
geospatial inspection or a review of documentation for losses that cannot be verified through an
inspection.105
How can hurricane disaster survivors seek FEMA assistance safely during the
COVID-19 pandemic?
For most disasters, individuals can register for IHP assistance online at
https://www.DisasterAssistance.gov, by telephone at 800-621-FEMA, or in-person at a Disaster
Recovery Center (DRC).106 Due to the COVID-19 pandemic, however, FEMA’s COVID-19
Pandemic Operational Guidance for the 2020 Hurricane Season states that local, state, territorial,
and Indian tribal governments should “ensure the public is aware that the FEMA application
process may be virtual [including online and via phone] and not in-person due to health and
safety considerations.”107 The use of DRCs or Disaster Survivor Assistance (DSA) teams is to be
determined based on the affected area’s phased reopening status and will be done in accordance
with the requirements of local public health officials and in accordance with the CDC’s
guidance.108
Other forms of IA use different application requirements and processes.109 For example, the
provision of Disaster Legal Services (DLS), does not include a formal application process for
disaster survivors. Instead, disaster survivors can access DLS via a toll-free number that is
established when the program is activated.110 Per FEMA’s guidance, “FEMA will ... coordinate
with federal and voluntary agency partners to promote digitally available disaster recovery
resources, support, and referral services, as well as to ensure service delivery methods are
accessible and widely promoted for individuals with disabilities.”111
Is there a cap on the amount of assistance hurricane disaster survivors may be
eligible to receive through FEMA’s Individuals and Households Program?
The amount of IHP financial assistance an individual or household may receive is limited.112
Assistance for housing-related needs may not exceed $35,500 (FY2020; adjusted annually),113

Guidance for Hurricane Season, pp. 6, 15.
105 FEMA, IAPPG, p. 72.
106 FEMA, IAPPG, p. 68. For more information on the application process for the Individuals and Households Program,
see CRS Report R45238, FEMA and SBA Disaster Assistance for Individuals and Households: Application Processes,
Determinations, and Appeals, by Bruce R. Lindsay and Elizabeth M. Webster.
107 FEMA, COVID-19 Operational Guidance for Hurricane Season, pp. 1-2, 11, 14.
108 FEMA, COVID-19 Operational Guidance for Hurricane Season, pp. 14-15.
109 For example, the process by which individuals seek Disaster Unemployment Assistance depends on the
requirements set forth by the state/territory unemployment insurance (UI) agency because the state/territory UI agency
administers the program, when it is authorized. There are timely application requirements, as well as requirements that
the application provide proof of employment/self-employment/or work that was to begin on or after the first day of the
incident period; applicants must also satisfy conditions of eligibility. FEMA, IAPPG, pp. 222-224.
110 FEMA, IAPPG, p. 220.
111 FEMA, COVID-19 Operational Guidance for Hurricane Season, pp. 14-15.
112 FEMA financial assistance is subject to a cap for both Housing Assistance and ONA. The maximum amount of
financial assistance does not apply to FEMA IHP direct assistance.
113 42 U.S.C. §5174(h)(1); FEMA, “Notice of Maximum Amount of Assistance Under the Individuals and Households
Program,” 84 Federal Register 55324, October 16, 2019, https://www.govinfo.gov/content/pkg/FR-2019-10-16/pdf/
2019-22471.pdf (hereinafter FEMA, “Notice of Maximum Amount of Assistance”). It is adjusted annually to reflect
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and assistance for ONA may not exceed $35,500 (FY2020; adjusted annually).114 The exceptions
are that financial assistance to rent alternate housing accommodations115 and financial assistance
for accessibility-related real and personal property costs are not subject to the cap.116 IHP
recipients may not receive unlimited financial assistance; unlike insurance, IHP assistance is not
intended to make disaster survivors whole again.117 Instead, it is intended to meet basic needs—
not to return primary residences or property to their pre-disaster condition or cover all disaster-
caused losses.118
What support may FEMA provide with the evacuation of disaster survivors?
FEMA is to support the sheltering efforts of state, territory, or Indian tribal governments,
including by coordinating with other federal agencies, host jurisdictions (i.e., jurisdictions that
will shelter evacuees) and other partners, such as nongovernmental organizations (NGOs), to
deliver life-saving services to disaster survivors.119 Mass Care/Emergency Assistance services are
usually funded under Stafford Act Section 403 (commonly referred to as Public Assistance
Category B—Emergency Protective Measures) and are subject to the applicable cost share.120
Additionally, FEMA’s COVID-19 Pandemic Operational Guidance for the 2020 Hurricane
Season encourages local, state, territorial, and Indian tribal governments to plan for how the
health and safety requirements caused by the COVID-19 pandemic—specifically the need for
social distancing—may affect operations. With regard to evacuation planning, the guidance
recommends that local, state, territorial, and Indian tribal governments review their evacuation
plans. The guidance also provides planning considerations; for example, regarding the extra time
that may be needed to evacuate people using mass transit options, such as buses, due to the need
for social distancing; COVID-19-related restrictions that are in place along evacuation routes; and
targeting evacuation orders and messaging to reduce voluntary evacuations.121
What support may FEMA provide to shelter disaster survivors?
FEMA supports the emergency sheltering efforts of local, state, territorial, and Indian tribal
governments, including through deploying equipment and supplies, as well as FEMA personnel,

changes in the Consumer Price Index for All Urban Consumers published by the Department of Labor (42 U.S.C.
§5174(h)(3)).
114 42 U.S.C. §5174(h)(2); FEMA, “Notice of Maximum Amount of Assistance.” Additionally, ONA assistance 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.
115 42 U.S.C. §5174(h)(1).
116 42 U.S.C. §5174(h)(4)(A) and (B).
117 Disaster survivors may also apply for other forms of assistance. For example, Small Business Administration (SBA)
disaster loans (described in the “Small Business Administration (SBA) Disaster Loan Program” section, below) may
allow homeowners with uninsured or underinsured losses to apply for a loan to repair or replace their primary
residence.
118 FEMA, IAPPG, pp. 6, 86, 152.
119 FEMA, IAPPG, p. 38. The IAPPG provides evacuation considerations related to mass evacuee support (a form of
mass care) that may be provided following a Stafford Act declaration at the request of the state, territory, or Indian
tribal government. FEMA, IAPPG, pp. 15, and 37-39.
120 FEMA, IAPPG, pp. 15-16. Such assistance may be provided via Direct Federal Assistance (DFA). For more
information, see the “Is there a non-federal cost share for the PA program? Can it be adjusted?” section, above.
121 The complete list of evacuation considerations can be found in FEMA, COVID-19 Operational Guidance for
Hurricane Season.
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to support the provision of services in congregate and non-congregate settings.122 Generally,
emergency sheltering is funded under the Stafford Act Section 403 (commonly referred to as
Public Assistance Category B—Emergency Protective Measures) and is subject to the applicable
cost share (for more information, see the “Is there a non-federal cost share for the PA program?
Can it be adjusted?” section, above).123 FEMA also provides emergency sheltering assistance
options through both the Public Assistance and Individual Assistance programs.
To meet the emergency shelter needs of disaster survivors during the COVID-19 pandemic while
also ensuring appropriate social distancing, FEMA has acknowledged the increased need for non-
congregate emergency sheltering, and has stated that it
will work with SLTT [state, local, tribal, and territorial] partners to provide greater
flexibility for the eligibility of both congregate and non-congregate options for
reimbursement under the PA [Public Assistance] program.124
FEMA’s guidance, regarding the use of non-congregate shelters during the 2020 hurricane
season, says
[i]n an emergency or major disaster declaration that authorizes Public Assistance (PA),
Category B, Emergency Protective Measures, FEMA will adjust polices to allow SLTTs
to execute non-congregate sheltering in the initial days of an incident. Non-congregate
shelters include, but are not limited to, hotels, motels, and dormitories. FEMA Regional
Administrators will have delegated authority to approve requests for non-congregate
sheltering for hurricane-specific disasters for the 2020 season.125
Another emergency sheltering solution that FEMA may authorize is Transitional Sheltering
Assistance (TSA), which provides temporary hotel/motel accommodations for disaster survivors
transitioning from emergency shelters (such as congregate or non-congregate emergency shelters)
to temporary or permanent housing solutions.126 The state, territorial, or Indian tribal government
must request TSA.127 When activated, TSA authorizes assistance under Sections 403 or 502, and
408, of the Stafford Act.128 However, it is funded under Section 403 of the Stafford Act and is
subject to PA regulations on cost-share.129
Other housing assistance may be made available depending on the unmet needs of disaster
survivors.130 For example, a form of short-term sheltering support that is provided by FEMA to
disaster survivors through the Individual Assistance—Individuals and Households Program is
Lodging Expense Reimbursement (LER). LER provides funding for out-of-pocket hotel, motel,

122 FEMA, IAPPG, p. 18. Per the IAPPG, “FEMA MC/EA [Mass Care/Emergency Assistance] deploys equipment,
materials, supplies, and personnel to support disaster-affected jurisdictions in providing life-sustaining services in
congregate and non-congregate facilities that provide a secure and sanitary environment for displaced survivors. This
support includes providing a safe, sanitary, and secure place for evacuees and disaster survivors to stay while displaced
from their homes.... ”
123 FEMA, IAPPG, p. 19.
124 FEMA, COVID-19 Operational Guidance for Hurricane Season, p. 13.
125 FEMA, COVID-19 Operational Guidance for Hurricane Season, p. 12.
126 FEMA, “Transitional Sheltering Assistance,” last updated February 8, 2020, https://www.fema.gov/transitional-
shelter-assistance (hereinafter FEMA, “TSA”).
127 FEMA, COVID-19 Operational Guidance for Hurricane Season, p. 12.
128 FEMA, “TSA.”
129 According to FEMA’s website on the TSA program, it does not count toward the IHP financial assistance maximum
award. FEMA, “TSA.”
130 For more information on the types of FEMA housing assistance, see the “What assistance may FEMA provide to
disaster survivors?” section, above.
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or other short-term lodging costs, including taxes, when the applicant is displaced from their
primary residence because it is uninhabitable or inaccessible.131 Additionally, although it is not a
form of emergency sheltering assistance provided by FEMA, the agency has advocated for
evacuees to shelter with friends or family outside of the evacuation zone.132
In addition to non-congregate solutions, FEMA has acknowledged that some congregate
sheltering (e.g., a facility with a large, open space such as a school, church, or community center)
will be necessary.133 FEMA has stated that it will support its local, state, territorial, tribal
government and nonprofit organizations, consistent with public health guidance.134
FEMA’s COVID-19 Pandemic Operational Guidance for the 2020 Hurricane Season encourages
local, state, territorial, and Indian tribal governments to plan for the provision of sheltering
support in the context of the COVID-19 pandemic and the need for social distancing.135 Planning
efforts should include considerations for what services may be provided in accordance with
public health guidance and based on the availability of volunteers and organizations that support
shelter services.136 FEMA’s guidance also states that local, state, territorial, and tribal
governments should ensure their sheltering plans adequately incorporate non-congregate
sheltering, and outline a transition from non-congregate sheltering to alternate options.137
There may be some challenges to providing non-congregate sheltering support. For example, in a
recent New York Times article, Trevor Riggen, the senior vice president for disaster services for
the American Red Cross, identified as potential challenges finding sufficient hotel rooms and
providing food and supplies to disbursed disaster survivors.138
Will a decrease in volunteers and nonprofit organization assistance caused by
the risk of COVID-19 affect the delivery of mass care/emergency assistance?
Volunteers from NGOs play a significant role in supporting emergency sheltering. However,
during the COVID-19 pandemic, the need for social distancing and the risk posed to volunteers
working with populations at high risk for COVID-19 may make it difficult to provide emergency
sheltering support services. A May 2020 New York Times article quoted Greg Forrester, the
president of the National Voluntary Organizations Active in Disasters (VOAD), as stating, when
asked about “how disaster relief efforts can meet the usual demand with half as many people,”

131 FEMA, IAPPG, pp. 78-79. See the FEMA IAPPG for limitations and exceptions.
132 FEMA response to Q&A during NOAA, “2020 Atlantic Hurricane Season Outlook,” teleconference, May 21, 2020.
133 FEMA, PAPPG, p. 120. The PAPPG provides information on eligible sheltering costs, including related to the
facility, staffing, supplies and commodities, and services.
134 FEMA, COVID-19 Operational Guidance for Hurricane Season, p. 12; and FEMA response to Q&A during
NOAA, “2020 Atlantic Hurricane Season Outlook,” teleconference, May 21, 2020.
135 FEMA has encouraged the use of the Emergency Management Performance Grant Supplemental funding (EMPG-S)
to adapt emergency and disaster response and recovery plans for the COVID-19 environment. FEMA, COVID-19
Operational Guidance for Hurricane Season, p. 2; and Department of Homeland Security (DHS), “Fiscal Year 2020
Emergency Management Performance Grant Program (EMPG-S) COVID-19 Supplemental,” fact sheet,
https://www.fema.gov/media-library-data/1586548278007-3bf1e643add0fa132e30e20ff2c96e0c/FY_2020_EMPG-
S_NOFO_Final_508ML.pdf.
136 FEMA, COVID-19 Operational Guidance for Hurricane Season, p. 19.
137 FEMA, COVID-19 Operational Guidance for Hurricane Season, p. 12.
138 Christopher Flavelle, “As Natural Disasters Strike, a New Fear: Relief Shelters May Spread Virus,” New York
Times, March 21, 2020, https://www.nytimes.com/2020/03/21/climate/virus-fema-disaster-aid-shelter.html.
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that “[y]ou won’t.”139 The article reported that organizations, such as the Salvation Army, Habitat
for Humanity, and the American Red Cross expect to deploy fewer volunteers.140
FEMA’s guidance notes that local, state, territorial, tribal governments should ensure their
sheltering plans consider alternate staffing options in the event volunteers are unavailable.141
National Flood Insurance Program (NFIP)
The National Flood Insurance Program (NFIP) offers primary flood insurance to properties with
significant flood risk, and reduces flood risk through the adoption of floodplain management
standards. Communities volunteer to participate in the NFIP in order to have access to federal
flood insurance, and in return are required to adopt minimum standards.142
What is the status of the NFIP? What happens if it isn’t reauthorized?
Since the end of FY2017, 15 short-term NFIP reauthorizations have been enacted.143 The NFIP is
currently authorized until September 30, 2020.144 Unless reauthorized or amended by Congress,
the following will occur after September 30, 2020:
 The authority to provide new flood insurance contracts will expire.145 Flood
insurance contracts entered into before the expiration would continue until the
end of their policy term of one year.
 The authority for NFIP to borrow funds from the Treasury will be reduced from
$30.425 billion to $1 billion.146
If there were to be a lapse in authorization on or after September 30, 2020, and the borrowing
authority is reduced to $1 billion, FEMA would continue to adjust and pay claims as premium
dollars come into the National Flood Insurance Fund (NFIF) and reserve fund. If the funds
available to pay claims were to be depleted, claims would have to wait until sufficient premiums
were received to pay them unless Congress were to appropriate supplemental funds to the NFIP to
pay claims or increase the borrowing limit.
Does there have to be a disaster declaration in order to claim on flood
insurance?
No, an NFIP policy is an insurance contract and a policyholder can claim for any covered flood.
Policyholders can file insurance claims as soon as they can safely go back to the property, by
contacting the insurer who sold them the policy, not FEMA. (Most NFIP policies are sold and
serviced by private companies, and policyholders may not even realize it is an NFIP policy.) The

139 Christopher Flavelle, “Virus Crisis Exposes Cascading Weaknesses in U.S. Disaster Response,” New York Times,
May 22, 2020, https://www.nytimes.com/2020/05/22/climate/fema-volunteer-disaster-response.html.
140 Flavelle, “Virus Crisis Exposes Weaknesses in Disaster Response.”
141 FEMA, COVID-19 Operational Guidance for Hurricane Season, p. 13.
142 For more information on the National Flood Insurance Program (NFIP), see CRS Report R44593, Introduction to
the National Flood Insurance Program (NFIP), by Diane P. Horn and Baird Webel.
143 For more information, see CRS Insight IN10835, What Happens If the National Flood Insurance Program (NFIP)
Lapses?, by Diane P. Horn.
144 The Consolidated Appropriations Act, 2020 (P.L. 116-93).
145 42 U.S.C. §4026.
146 42 U.S.C. §4016(a).
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NFIP has guidelines147 on what to do when cleaning up: document everything before starting to
clean up (photos and/or videos); make a list of damaged contents and their location in the home;
separate damaged property from undamaged property if possible; and list areas of building
damage. Normally, policyholders have 60 days to submit proof of loss in support of a claim.
Can I buy flood insurance when a hurricane or flood is forecast to hit?
Flood insurance can be purchased at any time, but there is a 30-day waiting period before most
policies take effect, with some exceptions.148 There is no waiting period: (1) if you buy flood
insurance in connection with making, increasing, or renewing your mortgage loan; or (2) if you
select additional insurance as an option on your flood insurance policy renewal bill. There is a
one-day waiting period if your building is newly designated in a Special Flood Hazard Area
(SFHA)149 and you buy flood insurance within the 13-month period following a map revision.
What is the financial status of the NFIP?
As of April 30, 2020, the NFIP had $6.147 billion available ($4.676 billion in the National Flood
Insurance Fund150 and $1.472 billion in the reserve fund),151 as well as $9.9 billion of borrowing
authority from the Treasury and up to $2.53 billion of reinsurance. The NFIP did not have to
borrow from the Treasury in 2019 and did not claim on any reinsurance.
Hazard Mitigation Assistance (HMA)
The majority of funding in the United States for both pre- and post-disaster mitigation comes
from FEMA, which administers three hazard mitigation grant programs, which are collectively
referred to as Hazard Mitigation Assistance (HMA): the Hazard Mitigation Grant Program
(HMGP), the Pre-Disaster Mitigation Grant Program (PDM), and the Flood Mitigation Assistance
Grant Program (FMA).152
Hazard Mitigation Grant Program (HMGP)
The Hazard Mitigation Grant Program (HMGP) is authorized by Section 404 of the Stafford Act
(42 U.S.C. §5170c). A key purpose of HMGP is to ensure that the opportunity to reduce the risk
of loss of life and property from future disasters is not lost during the reconstruction process
following a disaster.153 Eligible applicants include the emergency management agency or similar
organization of states, territorial governments, the District of Columbia, and federally recognized

147 See FEMA, How Do I Start My Flood Claim? https://www.fema.gov/nfip-file-your-claim.
148 See FEMA, Don’t Wait: Buy Flood Insurance Today, https://www.fema.gov/news-release/2018/05/01/dont-wait-
buy-flood-insurance-today.
149 A Special Flood Hazard Area (SFHA) is defined by FEMA as an area with a 1% or greater risk of flooding every
year.
150 The National Flood Insurance Fund is authorized by 42 U.S.C. §4017.
151 Section 100212 of P.L. 112-141, 126 Stat. 992, as codified at 42 U.S.C. §4017a.
152 For additional information on FEMA hazard mitigation programs, see CRS Insight IN11187, Federal Emergency
Management Agency (FEMA) Hazard Mitigation Assistance, by Diane P. Horn. For additional information on the
Flood Mitigation Assistance grant program, see CRS Report R44593, Introduction to the National Flood Insurance
Program (NFIP), by Diane P. Horn and Baird Webel.
153 FEMA, Hazard Mitigation Assistance Guidance, Washington, DC, February 27, 2015, p. 4, https://www.fema.gov/
media-library-data/1424983165449-38f5dfc69c0bd4ea8a161e8bb7b79553/HMA_Guidance_022715_508.pdf
(hereinafter FEMA, Hazard Mitigation Assistance Guidance).
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tribes. Local governments and private nonprofit organizations are eligible sub-applicants.
Individuals and businesses cannot apply directly for HMGP funding, but an eligible applicant or
sub-applicant can apply on their behalf.154
How much HMGP funding will a state get after a disaster?
HMGP assistance is triggered by a major disaster declaration from the President or a Fire
Management Assistance Grant (FMAG). HMGP funding is awarded as a formula grant to a state
based on the estimated total federal assistance per major disaster declaration or FMAG, subject to
a sliding scale formula.155 HMGP funding is up to 15% of the first $2 billion of the aggregate
amount of disaster assistance, up to 10% for amounts between $2 billion and $10 billion, and up
to 7.5% for amounts between $10 billion and $35.333 billion. States that have an Enhanced State
Hazard Mitigation plan156 can receive 20% of the total amount. HMGP funds may be used to pay
up to 75% of eligible activity costs.
How can HMGP funding be used?
HMGP funding does not have to be used for the particular disaster for which it was allocated, nor
for the particular type of disaster. For example, if the state chooses to do so, HMGP funding
awarded for wildfire mitigation in one county could be used for flood mitigation activities in a
different county. The decision is made by the state where the funding can best be used, and
decisions about allocating HMGP funds to sub-applicants are made by the state.
Will HMGP funding be available for the COVID-19 disaster declarations?
The 50 states, the District of Columbia, and 5 U.S. territories have requested HMGP funding.
These requests are under review, and it is not clear whether the list of eligible activities will be
expanded to allow for COVID-19 related mitigation.
Pre-disaster Mitigation Grant Program (PDM)
Pre-disaster mitigation (PDM) funding is authorized by Section 203 of the Stafford Act (42
U.S.C. §5133), with the goal of reducing overall risk to the population and structures from future
hazard events, while also reducing reliance on federal funding to respond to future disasters. State
agencies and tribes are eligible applicants, and local governments are eligible applicants.
Individuals and businesses may not apply for PDM funding.157 Through FY2019, FEMA awarded
PDM grants competitively. FEMA has not yet announced how PDM grants are to be awarded for
FY2020.
How has funding for pre-disaster mitigation changed?
Funding for pre-disaster mitigation changed significantly with the passage of the Disaster
Recovery Reform Act of 2018 (DRRA).158 DRRA authorized a new source of funding for pre-

154 FEMA, Hazard Mitigation Assistance Guidance, p. 25.
155 42 U.S.C. §5170c(a).
156 For a list of states with an approved enhanced state mitigation plan, see https://www.fema.gov/hazard-mitigation-
plan-status.
157 Federal Emergency Management Agency, Hazard Mitigation Assistance Guidance, Washington, DC, February 27,
2015, pp. 4 and 26, https://www.fema.gov/media-library-data/1424983165449-38f5dfc69c0bd4ea8a161e8bb7b79553/
HMA_Guidance_022715_508.pdf
158 Division D of the Disaster Recovery Reform Act of 2018 (P.L. 115-254).
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disaster mitigation, to be called the National Public Infrastructure Pre-Disaster Mitigation Fund.
For each major disaster declaration, the President may set aside from the DRF an amount equal to
6% of the estimated aggregate amount of the grants to be made pursuant to the following sections
of the Stafford Act:
 403 (essential assistance);
 406 (repair, restoration, and replacement of damaged facilities);
 407 (debris removal);
 408 (federal assistance to individuals and households);
 410 (unemployment assistance);
 416 (crisis counseling assistance and training); and
 428 (public assistance program alternative program procedures).
As of April 30, 2020, $454 million has been set aside for pre-disaster mitigation.159
How will the funding set aside for pre-disaster mitigation be used?
FEMA intends to introduce a new program, called Building Resilient Infrastructure and
Communities (BRIC) and recently published their draft policy for BRIC.160 The comment period
on this draft policy ended on May 11, 2020. FEMA is planning to issue the Notice of Funding
Opportunity for BRIC in August 2020, with the application period opening in October 2020.
Funding for Emergencies and Major Disasters
The following questions relate to the funding for the federal assistance provided under the
Stafford Act that may supplement state, territorial, Indian tribal, and local hurricane response and
recovery efforts.
Source of Funding
Where does funding for the federal government’s disaster relief programs
come from?
Federal disaster relief programs can be divided into three categories:
1. FEMA’s Stafford Act Programs;
2. Elements outside FEMA; and
3. Mandatory elements.

159 See FEMA, “Disaster Relief Fund: Monthly Report as of April 30, 2020,” https://www.fema.gov/media-library/
assets/documents/31789.
160 Federal Emergency Management Agency, “Hazard Mitigation Assistance: Building Resilient Infrastructure and
Communities,” 85(10) Federal Register 20291-20292, April 10, 2020, https://www.federalregister.gov/documents/
2020/04/10/2020-07609/hazard-mitigation-assistance-building-resilient-infrastructure-and-communities.
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FEMA’s Stafford Act Programs
The Stafford Act is the primary element of the federal government’s emergency management
relationship with the states. Its programs are generally funded through the Disaster Relief Fund,
an appropriation within FEMA’s budget dedicated to that purpose.
The DRF funds five different types of activities:
1. Activity pursuant to a major disaster designation;
2. Pre-declaration surge activities;
3. Activity pursuant to an emergency declaration;
4. Fire Management Assistance Grants (FMAGs) for large wildfires; and
5. Disaster Readiness and Support activities.
As noted in the “Pre-disaster Mitigation Grant Program (PDM)” section, above, a percentage of
the DRF’s disaster activities is set aside for pre-disaster mitigation efforts. The Disaster
Assistance Direct Loan Program and the Department of Homeland Security (DHS) Office of
Inspector General have received transfers from this appropriation in recent years to support their
disaster-related work as well.161
Elements Outside of FEMA
While FEMA, as a component of the Department of Homeland Security, is the federal
government’s emergency manager, a broad range of federal agencies take part in disaster relief
and recovery efforts. When the Government Accountability Office (GAO) sought to review all
federal disaster spending in 2016, they reviewed 16 federal departments and agencies aside from
DHS that were engaged in programs and activities that either wholly or in part had a role in
disaster response, recovery, or mitigation.162
While some of the work done by these agencies in response to Stafford Act incidents is paid for
by FEMA from the DRF through a process known as mission assignments, most of the resources
used for these programs and activities are provided through separate appropriations to the
respective departments and agencies. These appropriations may be provided either through annual
appropriations or through supplemental appropriations measures.
Mandatory Elements
Some disaster programs have their appropriations in permanent law, so they usually do not
require supplemental funding in the wake of disasters. The National Flood Insurance Program
(NFIP) is one such program—the premiums paid by policyholders are used to pay the costs of
claims. If premium revenues are not sufficient to cover the cost of claims, the program has
authority to borrow from the Treasury.163

161 For more information on the Disaster Relief Fund, see CRS Report R45484, The Disaster Relief Fund: Overview
and Issues.
162 In Federal Disaster Assistance: Federal Departments and Agencies Obligated at Least $277.6 Billion During Fiscal
Years 2005 Through 2014 (GAO-16-797), GAO reviewed disaster funding for the Departments of Agriculture,
Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban
Development, the Interior, Justice, Labor, Transportation, the Treasury, and Veteran Affairs, as well as the
Environmental Protection Agency, the General Services Administration, and the Small Business Administration.
163 For more information on the National Flood Insurance Program, see CRS Report R44593, Introduction to the
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Amount of Available Funding
Is there enough money in the DRF for COVID as well as hurricanes?
As of the beginning of May 2020, the DRF had an unobligated balance of almost $80 billion—
significantly higher than at the start of any other hurricane season, as a result of supplemental
appropriations provided in the CARES Act (P.L. 116-136).164 Although $14 billion had been
allocated within the DRF as of the beginning of May for COVID-19 costs,165 as of May 22,
FEMA had obligated $6.2 billion.166
FEMA has not provided projections for COVID-19 spending in its monthly reports, as it does for
other high-cost disasters.167
It is also not possible to project whether a more active hurricane season will necessarily translate
into higher disaster costs. Cost factors range widely depending on if the storms strike highly
developed or highly populated areas. It may not be possible to precisely estimate what the costs
of response and recovery will look like as the various levels of government try to respond to
pandemic and traditional “kinetic” disasters at the same time.
However, the available balance in the DRF may provide Congress time to appropriate additional
funds should they be necessary, without the level of resources affecting the immediate response or
ongoing recovery efforts.
How much does Congress appropriate / does the government spend on
disasters in a typical year?
There is not a “typical year” for disasters, for a variety of reasons. The number and type of
incidents varies from year to year, as do their severity and location. Mitigation and recovery costs
spread out along the timeline, making annual averages less useful for policymaking purposes.
This is really two distinct questions—how much is appropriated, and how much is spent.
Congress provides funding through annual and supplemental appropriations—and, more rarely,
through legislation creating mandatory appropriations or direct spending. Some of these
appropriations are for programs and activities specifically for disasters, while others have disaster
response and recovery as part of their mission scope. In addition, while some funding is expected
to be spent in the immediate fiscal year, a great deal of disaster relief funding is appropriated with
the intent that it be executed years after the incident. This means one generally cannot develop a
meaningful authoritative total for what Congress has appropriated for disaster relief on an annual
basis.
Tracking the actual spending of appropriations presents a similar challenge. The executive branch
does not report universally or consistently on the use of appropriated funds for disaster-related
purposes. There has been some reporting in recent years on spending linked to specific

National Flood Insurance Program (NFIP).
164 Department of Homeland Security, Federal Emergency Management Agency, Disaster Relief Fund: Monthly Report
as of April 30, 2020, May 8, 2020, Appendix A, p. 4 (hereinafter FEMA, DRF: Monthly Report as of April 30, 2020).
165 FEMA, DRF: Monthly Report as of April 30, 2020, Appendix D, p. 21.
166 Department of Homeland Security, Federal Emergency Management Agency, Coronavirus (COVID-19) Pandemic,
Whole-of-America Response, May 22, 2020, p. 2.
167 FEMA, DRF: Monthly Report as of April 30, 2020, Appendix A, p. 4.
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supplemental appropriations measures and disaster-specific accounts in some annual
appropriations measures, but reporting on the use of federal funds to mitigate the risk of, respond
to, or recover from disasters remains neither universal nor consistent.
In one of the most widely-circulated totals on disaster spending, GAO in 2016 identified at least
$277.6 billion in disaster assistance for FY2005-FY2014.168 This total is reported as a minimum,
rather than a precise total, due in part to the factors discussed above.
Will there be supplemental appropriations for disasters this year?
There are significantly fewer supplemental appropriations measures than declared disasters—
disaster response and recovery efforts do not always require federal funding beyond regular
annual appropriations. Appropriations for recovery from a disaster may come in multiple
appropriations measures over the course of several years. Furthermore, a single supplemental
appropriations act may meet response or recovery needs generated by multiple disasters.
From the beginning of 2011 through 2018, there were 977 declarations169 under the Stafford Act,
including 461 major disasters.170 Of those major disaster declarations, 76 were associated with 17
catastrophic events.171 In that same time period, there were 12 public laws enacted with
supplemental appropriations expressly for disaster assistance—four of which were enacted in
calendar years 2017 and 2018.
Additional pandemic-related supplemental bills are under discussion, and it is possible that they
could carry funding for other disasters.
An Administration request for supplemental disaster assistance can be an additional factor in the
timing of the congressional consideration of supplemental appropriations. In the wake of a
significant disaster, individual Members of Congress or state or regional delegations with affected
constituencies may put forward supplemental appropriations legislation independent of a request
from the Administration. However, the development of a supplemental appropriations measure
destined for enactment usually begins with a supplemental appropriations request from the
Administration, and a response from the Appropriations Committee or leadership. The request
provides a starting point for congressional deliberations, framing the stated needs of the federal
government at large for Congress to consider. For disasters that occurred in 2017, a series of three
requests came from the Administration, and in each case, a supplemental appropriations measure
was initiated and subsequently enacted.172 In contrast, P.L. 116-20, a disaster relief supplemental
appropriations measure for FY2019, was enacted without a formal request by the Administration
for supplemental disaster assistance appropriations.173

168 U.S. Government Accountability Office, Federal Disaster Assistance: Federal Departments and Agencies Obligated
at Least $277.6 Billion During Fiscal Years 2005 Through 2014, GAO-16-797, September 22, 2016,
https://www.gao.gov/products/GAO-16-797.
169 FEMA considers declarations to include approval of wildfire management assistance, fire suppression authorization,
emergencies, and major disasters.
170 For more information on Stafford Act declarations, see CRS Report R42702, Stafford Act Declarations 1953-2016:
Trends, Analyses, and Implications for Congress, by Bruce R. Lindsay.
171 Defined by FEMA as “a disaster or a grouping of disasters (i.e., a disaster event) that results in a total projected cost
for the Federal Government in excess of $500 million.” FEMA, Disaster Relief Fund: FY2019 Funding Requirements,
May 7, 2018, p. 4.
172 For details on these supplemental appropriations, see CRS Report R45084, 2017 Disaster Supplemental
Appropriations: Overview, by William L. Painter.
173 A supplemental appropriations request to address border security and humanitarian issues at the U.S.-Mexico border
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Reprogramming Existing Funding
Can funding provided by FEMA for previous disasters (including COVID-19)
be used for response and recovery during the current hurricane season?
FEMA awards grant funding for specific purposes and provides that funding by allocating funds
from the Disaster Relief Fund (DRF) under the authority provided by a specific Stafford Act
disaster declaration. Stafford Act disaster assistance grant programs providing funding to state,
localities, tribal governments, and territories are designed to be reimbursements to those entities
for eligible expenses, or funding based on cost estimates for specific projects being conducted by
those entities in response to a specific disaster event. Therefore, funding provided for previous
disasters would either be reimbursements for expenses already incurred by the grant recipient for
that disaster, or would be targeted funding for specific projects related to recovery from the
previous disaster, and in most cases would not be available to meet new costs associated with a
new disaster.
Funding Administration and Oversight
What are the challenges of administering federal Stafford Act funding for
multiple disaster events?
Funding for multiple Stafford Act grant programs may not be comingled, so states, localities, and
territories face challenges in ensuring that funding is tracked separately for multiple FEMA
administered Stafford Act disaster events, including past hurricane seasons and the COVID-19
pandemic. To comply with the financial management requirements of federal grant awards, the
grantee must ensure that the use of funds can be directly linked to eligible expenditures associated
with the specific grant award under which the funding was provided.174 Consequently, the more
disaster declarations a grantee is granted, the more complex the administration of the funding will
be for the grantee.
What waiver authority does FEMA have in the use of Stafford Act grant
program funding?
FEMA must adhere to the statutory restrictions imposed in the authorizing legislation for the
Stafford Act grant programs. While FEMA does have some discretion in waiving certain program
administration components, such as project submission deadlines, the agency does not have the
ability to waive statutory restrictions on the use of funding. For example, FEMA cannot allow for
the use of Public Assistance grant funds for purposes other than those set forth in the Stafford Act,
which provides that the Public Assistance grant program is for “the repair, restoration,
reconstruction, or replacement of a public facility damaged or destroyed by a major disaster and
for associated expenses incurred by the government.”175 However, when the statutory provisions
provide broad categories of eligible uses of funds, FEMA has discretion in establishing specific

was submitted May 1, 2019 (Letter from Russell T. Vought, Acting Director, Office of Management and Budget, to the
Honorable Michael R. Pence, President of the Senate, May 1, 2019, https://www.whitehouse.gov/wp-content/uploads/
2019/05/Pence.pdf), but it did not include disaster assistance appropriations.
174 2 C.F.R. §200.302, Financial Management.
175 42 U.S.C. §5172.
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eligible projects. For example, there is some flexibility in defining what may be considered
“associated expenses.” FEMA issues grant program guidance which provides clarification on
which activities may be allowable under a specific program. For larger disasters, FEMA may
issue separate guidance specific to that disaster event.176
How does FEMA track federal funding for Stafford Act grant programs?
Tracking the use of federal grant funds is complicated by the lag between when funds are
obligated after a grant project is awarded funding, and when awarded funds are expended.
Tracking FEMA grant program funds is further complicated by the nature in which Stafford Act
funding is awarded. Because Stafford Act grant programs are funded through the Disaster Relief
Fund (DRF), and because the DRF funds several different Stafford Act grant programs, it is
difficult to track federal disaster funding for specific disasters using only the appropriations
provided to the DRF. Once a Stafford Act disaster declaration is made, FEMA provides
information on obligated amounts for various Stafford Act grant programs for each disaster
declaration through the OpenFEMA datasets on the FEMA website. These datasets include
information on grant programs including the Individual Assistance Program, Public Assistance
Program, and the Hazard Mitigation Assistance program. There are also datasets on other FEMA
programs. These datasets are provided in multiple formats, including machine readable formats
and static datasets. Notably, however, the information provided in the datasets is raw, unedited
data that is contained in the grant management program systems rather than the official financial
systems that feed information into USAspending.gov, which is the official source for spending
data for the U.S. Government.177 According to FEMA, information that is not derived from the
official FEMA financial system may vary from the USAspending.gov data due to differences in
reporting periods, status of obligations, internal agency procedures, and human error.178
Additionally, the accuracy and completeness of the data provided for USAspending.gov has been
officially certified by the agency and has passed a series of validations before the data is
published on USAspending.gov.179
Other Federal Assistance Programs
Many federal departments and agencies have standing authorities to assist state, territorial, Indian
tribal, and local governments. Although the majority of federal financial disaster assistance is
made available by FEMA under the authority of the Stafford Act, there are a number of other
programs that can provide disaster assistance in certain circumstances, including the U.S.
Department of Housing and Urban Development’s (HUD’s) Community Development Block

176 For example, FEMA issued a general Public Assistance Program and Policy guide in April 2018, available at
https://www.fema.gov/media-library/assets/documents/111781. FEMA also issued disaster-specific guidance for
Hurricane Katrina, Hurricane Sandy, Hurricanes Harvey, Irma, and Maria, Hurricanes Florence and Michael, and
COVID-19, available at https://www.fema.gov/public-assistance-policy-and-guidance.
177 USAspending.gov was established by the Federal Funding Accountability and Transparency Act of 2006 (FFATA,
P.L. 109-282), and required that federal contract, grant, loan and other financial assistance awards of more than
$25,000 be displayed on a publicly accessible and searchable website to give the American public access to
information. For more information, see https://www.usaspending.gov.
178 Federal Emergency Management Agency (FEMA), OpenFEMA Dataset: Public Assistance Funded Projects
Details—V1, https://www.fema.gov/openfema-dataset-public-assistance-funded-projects-details-v1.
179 For additional information on the way in which data is certified and validated for USAspending.gov, see
https://www.usaspending.gov/#/about.
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Grant—Disaster Recovery (CDBG-DR) Program,180 and the SBA Disaster Loan Program.181 The
following questions relate to the SBA Disaster Loan Program.
Small Business Administration (SBA) Disaster Loan Program
The Small Business Administration (SBA) Disaster Loan Program offers low-interest, long-term
loans to individuals, households, and business. SBA disaster loans for businesses fall into two
categories: (1) Personal Property Loans to repair and replace lost or damaged items, such as
clothing, furniture, and vehicles; and (2) Real Property Loans to repair and rebuild primary
residences. SBA business disaster loans also fall into two categories: (1) Business Physical
Disaster Loans to repair and rebuild businesses and/or repair and replace damaged equipment;
and (2) Economic Injury Disaster Loans (EIDL) to help recover from economic losses after a
declared disaster.182
Will SBA disaster loans associated with COVID-19 cause a shortage of funding
for SBA?
The demand for COVID-19 related SBA disaster assistance has been very high.183 That high
demand combined with an active disaster year could create a need for supplemental
appropriations to keep the SBA Disaster Loan Account adequately funded.
What can SBA Personal Property Loans be used for?
Personal Property Loans cover only uninsured or underinsured property and primary residences in
a declared disaster area. Personal Property Loans can be used to repair or replace clothing,
furniture, cars, or appliances damaged or destroyed in the disaster. Eligibility of luxury items with
functional use, such as antiques and rare artwork, is limited to the cost of an ordinary item
meeting the same functional purpose.
What can SBA Real Property Loans be used for?
Only uninsured or otherwise uncompensated disaster losses are eligible for loan assistance. The
loans may not be used to upgrade a home or build additions to the home, unless the upgrade or

180 For example, the U.S. Department of Housing and Urban Development’s (HUD’s) Community Development Block
Grant-Disaster Recovery (CDBG-DR) program may support long-term disaster recovery following a hurricane if the
program is authorized and funding is appropriated for such purpose. For more information on the CDBG-DR program
as implemented in Puerto Rico following Hurricane Maria, see CRS Insight IN11389, CDBG-DR Funding and
Oversight: Puerto Rico, by Joseph V. Jaroscak and Michael H. Cecire. For more information on the HUD Community
Development Block Grant (CDBG) program and CDBG-DR, including authorities, and the potential use of the
program to meet the needs caused by COVID-19, see CRS Insight IN11277, Responding to the COVID-19 Outbreak
with Community Development Block Grant (CDBG) Authorities, by Michael H. Cecire and Joseph V. Jaroscak. For
more general information on how CDBG can be used during disaster relief, see CRS Report RL33330, Community
Development Block Grant Funds in Disaster Relief and Recovery, by Eugene Boyd. The program website for
Community Development Block Grant Disaster Recovery (CDBG-DR) is available at https://www.hudexchange.info/
programs/cdbg-dr/.
181 Additional federal disaster assistance programs are described in the CRS Report R41981, Congressional Primer on
Responding to and Recovering from Major Disasters and Emergencies, by Bruce R. Lindsay and Elizabeth M.
Webster.
182 For more information on the Small Business Administration (SBA) Disaster Loan Program, see CRS Report
R41309, The SBA Disaster Loan Program: Overview and Possible Issues for Congress, by Bruce R. Lindsay.
183 For more information on SBA assistance for COVID-19, see CRS Report R46284, COVID-19 Relief Assistance to
Small Businesses: Issues and Policy Options, by Robert Jay Dilger, Bruce R. Lindsay, and Sean Lowry.
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addition is required by city or county building codes. Secondary homes or vacation properties are
not eligible for Real Property Loans. Repair or replacement of landscaping and/or recreational
facilities cannot exceed $5,000. A homeowner may borrow funds to cover the cost of
improvements to protect their property against future damage (e.g., retaining walls, sump pumps).
In some cases, SBA loans can be used to refinance all or part of a previous mortgage when the
applicant does not have credit available elsewhere, has suffered substantial disaster damage not
covered by insurance, and intends to repair the damage. SBA considers refinancing when
processing each application. In addition, loan recipients can use loan money to pay their
insurance deductible.
What can SBA Business Physical Disaster Loans be used for?
Business Physical Disaster Loans provide up to $2 million to repair or replace damaged physical
property including machinery, equipment, fixtures, inventory, and leasehold improvements that
are not covered by insurance. Damaged vehicles normally used for recreational purposes may be
repaired or replaced with SBA loan proceeds if the borrower can submit evidence that the
vehicles were used for business purposes.
What can Economic Injury Disaster Loans be used for?
Economic Injury Disaster Loans (EIDLs) provide up to $2 million to help meet financial
obligations and operating expenses that could have been met had the disaster not occurred. Loan
proceeds can only be used for working capital necessary to enable the business or organization to
alleviate the specific economic injury and to resume normal operations. Loan amounts for EIDLs
are based on actual economic injury and financial needs, regardless of whether the business
suffered any property damage.
Will SBA COVID-19 relief deplete funding for hurricane recovery?
Business demand for SBA-related COVID-19 relief in the form of EIDL and Emergency EIDL
Grants has been significant and has necessitated the need for supplemental appropriations.
Division A of the Paycheck Protection Program and Health Care Enhancement Act (P.L. 116-
139), the most recent supplemental appropriation providing funding to the SBA, increased the
direct appropriation in the CARES Act (P.L. 116-136) for the program from $349 billion to more
than $670 billion to support that authorization amount. Though the increase has allowed the SBA
to continue to provide loans and Emergency EIDL Grants, an active hurricane season could create
greater need for supplemental funding to ensure the SBA has sufficient funding to provide
hurricane assistance.184
Other
The following questions relate to additional challenges to the management of hurricane response
and recovery operations during the COVID-19 pandemic.

184 For more information on SBA-related COVID-19 relief see CRS Insight IN11370, SBA EIDL and Emergency EIDL
Grants for COVID-19, by Bruce R. Lindsay; CRS Report R46284, COVID-19 Relief Assistance to Small Businesses:
Issues and Policy Options, by Robert Jay Dilger, Bruce R. Lindsay, and Sean Lowry; and CRS Insight IN11232, SBA
Economic Injury Disaster Loans for COVID-19, by Bruce R. Lindsay.
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Federal, State, Territorial, Indian Tribal, and Local Capacity
Does FEMA have the capacity to handle concurrent hurricanes and COVID-19
pandemic response and recovery efforts?
According to FEMA’s COVID-19 Pandemic Operational Guidance for the 2020 Hurricane
Season, the agency “routinely responds to multiple incidents simultaneously.”185 With regard to
the ability of the agency’s workforce to respond to hurricanes, FEMA’s guidance states
[p]ersonnel who are currently deployed will be prepared to pivot to support emergent
needs.... FEMA is also well-positioned with thousands of personnel in the field supporting
existing operations, thousands more available national assets ready to support emergent
disaster operations, and more personnel joining the Agency through virtual onboarding
every two weeks.186
Additionally, FEMA can augment personnel through leveraging local hire support.187
Despite the agency’s ability to shift staff around and onboard new staff, a Government
Accountability Office (GAO) report indicated challenges with staffing shortfalls and training new
employees, stating that
[t]he concurrent nature of the disasters in both the 2017 and 2018 disaster seasons
highlighted the complex challenges facing FEMA’s workforce. The 2017 and 2018 disaster
seasons required FEMA management to redeploy response personnel from one disaster to
the next, and the agency reported facing staffing shortfalls throughout the response to these
disasters. Additionally, a large influx of new employees added to challenges with providing
timely, program-specific training. FEMA’s disaster workforce is expected to be in high
demand for the foreseeable future.188
Resources
CRS has developed products on various topics related to federal disaster response and recovery.
Some select CRS products are included below.
 For more information on the disaster response process, as well as the roles of
federal agencies and types of federal assistance, see CRS Report R41981,
Congressional Primer on Responding to and Recovering from Major Disasters
and Emergencies, by Bruce R. Lindsay and Elizabeth M. Webster.
 For more information on the primary source of funding for the federal
government’s domestic general disaster relief programs authorized under the
Stafford Act, see CRS Report R45484, The Disaster Relief Fund: Overview and
Issues, by William L. Painter.
 For more information on the FEMA PA program, including descriptions of each
type of PA and the factors considered when determining whether to authorize PA,
see CRS In Focus IF11529, A Brief Overview of FEMA’s Public Assistance
Program, by Erica A. Lee.

185 FEMA, COVID-19 Operational Guidance for Hurricane Season, p. 3.
186 FEMA, COVID-19 Operational Guidance for Hurricane Season, p. 2.
187 FEMA, COVID-19 Operational Guidance for Hurricane Season, p. 4.
188 U.S. Government Accountability Office, FEMA Disaster Workforce: Actions Needed to Address Deployment and
Staff Development Challenges, GAO-20-360, May 2020, p. 2, https://www.gao.gov/assets/710/706619.pdf.
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 For more information on the FEMA IA program, including descriptions of each
type of IA and the factors considered when determining whether to authorize IA,
see CRS In Focus IF11298, A Brief Overview of FEMA’s Individual Assistance
Program, by Elizabeth M. Webster, and CRS Report R46014, FEMA Individual
Assistance Programs: An Overview, by Elizabeth M. Webster.
 For an overview of the NFIP, its structure, flood mapping, the mandatory
purchase requirement, the NFIP’s financial standing, and NFIP reauthorization,
see CRS In Focus IF10988, A Brief Introduction to the National Flood Insurance
Program, by Diane P. Horn, and CRS Insight IN10450, Private Flood Insurance
and the National Flood Insurance Program (NFIP), by Baird Webel and Diane P.
Horn.
 For an overview of the three hazard mitigation grant programs FEMA
administers, see CRS Insight IN11187, Federal Emergency Management Agency
(FEMA) Hazard Mitigation Assistance, by Diane P. Horn.
 For more information on the SBA Disaster Loan Program, see CRS Report
R44412, SBA Disaster Loan Program: Frequently Asked Questions, by Bruce R.
Lindsay.
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Appendix. Damage Assessments and Stafford Act
Declaration Considerations
State, territorial, and Indian tribal governments do not automatically receive federal assistance
when an incident occurs. Instead, the governor of the affected state or territory, or the chief
executive of the affected Indian tribal government must request that the President declare an
emergency or major disaster and that federal assistance be authorized.189 This is because federal
assistance is intended to supplement—not supplant—local, state, territorial, or Indian tribal
government response and recovery efforts.190 In making a declaration request, the governor or
tribal chief executive is claiming and must demonstrate that they are unable to effectively respond
to the incident without federal assistance.191
The governor or chief executive’s request for a presidential declaration of emergency or major
disaster must include information about the actions 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.192 FEMA uses information submitted by the requesting
state, territory, or Indian tribal government to evaluate specific factors (described below) that are
used to determine whether to authorize the governor or chief executive’s request for a presidential
disaster declaration under the Stafford Act.193 This includes information collected through the
Preliminary Damage Assessment (PDA) process, which is validated by local, state, territorial,
Indian tribal government, and federal authorities.194 Damage assessments are typically conducted
on-site; however, due to the COVID-19 pandemic, FEMA regional staff may elect to complete
PDAs virtually.195
FEMA provides a recommendation to the President, and the decision to grant a declaration
request is at the President’s discretion.196 The authority to designate assistance types to be made

189 44 C.F.R. §§206.35, 206.36, 206.40(a); FEMA, “The Disaster Declaration Process”; FEMA, “FAQs: Current
Process for Tribal Governments to Request a Presidential Declaration,” last updated May 24, 2019,
https://www.fema.gov/frequently-asked-questions-current-process-tribal-governments-request-presidential-
declaration.” For more information about the disaster declaration process, see CRS Report R43784, FEMA’s Disaster
Declaration Process: A Primer, by Bruce R. Lindsay.
190 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. §206.3). 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).
191 44 C.F.R. §§206.35 and 206.36.
192 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.
193 44 C.F.R. §206.48.
194 See 44 C.F.R. §206.48(a)(1)-(3) and FEMA, Preliminary Damage Assessment Guide, May 2020, p. 1,
https://www.fema.gov/media-library-data/1588956460880-0b0420c837695fc63e6ea8169dbf80fa/
Preliminary_Damage_Assessment_Guide.pdf (hereinafter FEMA, PDA Guide).
195 See FEMA, COVID-19 Pandemic Operational Guidance for the 2020 Hurricane Season, p. 14.
196 44 C.F.R. §206.38.
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available is delegated to the FEMA Assistant Administrator for the Disaster Assistance
Directorate.197
FEMA regulation and guidance detail the factors considered by FEMA when evaluating a
governor or chief executive’s request for a major disaster declaration authorizing Public
Assistance and/or Individual Assistance.
Public Assistance
According to the FEMA Preliminary Damage Assessment Guide issued in May 2020, to estimate
the cost of assistance, states, territories, and Indian tribal governments assess damage and
estimate project costs.198 In order to be authorized to receive a presidential major disaster
declaration authorizing PA, the damage estimate must reach the statewide per-capita indicator,
and for a jurisdiction (e.g., county) to be designated for PA, it must have a damage estimate that
reaches the county per capita indicator.199 In addition to the estimated cost of assistance, FEMA
also considers factors that may reduce or increase the estimated cost of PA or the capacity of the
state, territory, or Indian tribal government to respond or recover. These factors include (1) severe
localized impacts; (2) insurance coverage in force; (3) hazard mitigation (i.e., the estimated
damages prevented by mitigation); (4) recent multiple disasters within the state, territory, or tribe,
or territory; and (5) the estimated assistance provided by other federal programs.200
For Indian tribal governments requesting their own presidential disaster declaration authorizing
PA, FEMA will consider the minimum damage amount and impacts of the disaster, in accordance
with FEMA’s Tribal Declarations Pilot Guidance. The factors considered to evaluate the impacts
of the disaster are: (1) types and amounts damaged; (2) economic impact of the incident; (3) tribal
government resources; (4) demographics; (5) 24-month disaster history; (6) evaluation of
previous mitigation efforts; (7) programs of other federal assistance; (8) insurance; (9) unique
conditions that affect tribal governments; and (10) other relevant information.201
Individual Assistance
According to the FEMA Preliminary Damage Assessment Guide, the Individual Assistance
factors considered for states and territories differ from the factors considered for Indian tribal
governments. The following six factors are set in FEMA’s regulation 44 C.F.R. §206.48(b), and
are considered for states and territories: (1) state or territory fiscal capacity and resource
availability; (2) uninsured home and personal property losses; (3) the disaster-impacted
population profile; (4) impact to community infrastructure (i.e., life-saving and life-sustaining
services, essential community services, and transportation infrastructure and utilities); (5)
casualties (i.e., people who are missing, injured, or deceased); and (6) disaster-related
unemployment.202

197 44 C.F.R. §206.40(a).
198 FEMA, PDA Guide, pp. 56-57.
199 FEMA, PDA Guide, pp. 56-57.
200 44 C.F.R. §206.48(a)(2) and 44 C.F.R. §206.48(a)(3)-(6).
201 FEMA, Tribal Declarations Pilot Guidance, January 2017, pp. 34-36, https://www.fema.gov/media-library-data/
1523033284358-20b86875d12843441a521a6141c15099/Pilot_Guidance.pdf (hereinafter FEMA, Tribal Declarations
Pilot Guidance).
202 44 C.F.R. §206.48(b); and FEMA, PDA Guide, p. 15.
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For Indian tribal governments requesting their own presidential disaster declaration authorizing
IA, FEMA will consider the following factors to assess the impacts of the disaster, in accordance
with FEMA’s Tribal Declarations Pilot Guidance: (1) uninsured home and personal property
losses; (2) availability of housing resources; (3) casualties; (4) impact to community
infrastructure; (5) disaster-impacted population profile; (6) voluntary agency and other assistance;
(7) tribal government resources; (8) the unique conditions that may affect tribal governments; and
(9) other relevant information.203

Author Information

Elizabeth M. Webster, Coordinator
Bruce R. Lindsay
Analyst in Emergency Management and Disaster
Analyst in American National Government
Recovery

Diane P. Horn
William L. Painter
Analyst in Flood Insurance and Emergency
Specialist in Homeland Security and Appropriations
Management

Erica A. Lee
Natalie Keegan
Analyst in Emergency Management and Disaster
Analyst in American Federalism and Emergency
Recovery
Management Policy

Acknowledgments
Shawn Reese, Analyst in Emergency Management and Homeland Security Policy, assisted with editorial
comments and suggestions.

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
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material.

203 FEMA, Tribal Declarations Pilot Guidance, pp. 36-38; see also FEMA, PDA Guide, p. 15.
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