Updated March 8, 2021
A Brief Overview of FEMA’s Public Assistance Program
The Federal Emergency Management Agency’s (FEMA)
to save lives; protect property, public health, and safety;
Public Assistance (PA) program provides financial
and reduce or avert the threat of a catastrophe.
assistance to states, tribes, and territories when authorized
Debris Removal (Category A)—Applicants may
as part of a presidential declaration under the Robert T.
receive direct assistance and reimbursement for the costs
Stafford Disaster Relief and Emergency Assistance Act (the
of removing debris and wreckage from public and
Stafford Act, P.L. 93-288, as amended). PA’s broad scope
private property when FEMA determines such work is
includes assistance for urgent response undertaken
in the public interest.
immediately before or after a hazard strikes, as well as
long-term recovery assistance completed years later. PA
Emergency Protective Measures (Category B)—
was authorized in every U.S. state, territory, and the District
Applicants may receive direct assistance and
of Columbia over the past decade.
reimbursement for work undertaken to save lives and
protect property (e.g., search and rescue, emergency
After PA is authorized, a state, tribe, or territory becomes
transportation, and distribution of food and first aid).
the PA primary grant Recipient. State, tribal, territorial, and
local governments (SLTTs), as well as eligible nonprofit
Permanent Work may only be authorized under a major
entities, may then apply for funding as “Applicants.”
disaster declaration. It includes efforts to repair, restore,
Applicants must submit a request for grant funds to the PA
reconstruct, or replace disaster-damaged public and eligible
primary grant Recipient, which evaluates eligibility for PA
private nonprofit facilities. Applicants may receive
with FEMA. The Stafford Act authorizes FEMA to
reimbursement for eligible work undertaken to return the
reimburse not less than 75% of the eligible costs of specific
following types of facilities to their pre-disaster use:
types of disaster response and recovery work undertaken by
Roads and Bridges (Category C)—except federal aid
eligible Applicants. FEMA may recommend that the
roads;
President increase the federal cost share, where warranted.
Water Control Facilities (Category D)—including
PA-Eligible Work
dams and levees;
PA includes both short-term “Emergency Work”
Buildings and Equipment (Category E)—including
undertaken to respond to a disaster or an emergency, and
eligible building contents;
long-term “Permanent Work” undertaken to recover from a
major disaster. Applicants must complete Emergency Work
Utilities (Category F)—including gas, power, water,
within six months and Permanent Work within eighteen
communication, and sewage facilities; and
months of a declaration, though extensions may be granted.
Parks, Recreational, Other (Category G)—including
Emergency Work may be authorized under an emergency
railways, beaches, piers, ports, and harbors.
or major disaster declaration. It includes efforts undertaken
Figure 1. General Timing of Public Assistance Programs
Source: Developed by CRS based on 44 C.F.R. §§206.40 and 206.204(c) and (d); and FEMA, “How a Disaster Gets Declared,”
https://www.fema.gov/disasters/how-declared.
Notes: * These timelines reflect 44 C.F.R. §206.204(c), though extensions may be granted upon request per 44 C.F.R. §206.204(c) and (d).
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A Brief Overview of FEMA’s Public Assistance Program
Requesting and Authorizing PA
5. Recent Multiple Disasters: FEMA considers impacts
PA is intended to supplement the SLTT resources when an
and expenses of recent disasters within the disaster-
incident exceeds their ability to respond and recover. A
affected jurisdiction to better assess the need for
governor or tribal chief executive may determine their
assistance. Incidents that received presidential or
resources are insufficient and request federal aid for
gubernatorial disaster declarations are both considered.
specific jurisdictions. PA is only available after the
6. Programs of Other Federal Assistance: FEMA
President declares an emergency or major disaster or
considers whether the disaster-related needs may be
FEMA authorizes a Fire Management Assistant Grant
more appropriately met through other federal
(FMAG) under the Stafford Act. For emergencies and
assistance.
major disasters, FEMA evaluates the request and then may
When assessing tribal government requests, FEMA also
recommend that the President authorize PA, according to
evaluates factors including economic impacts,
criteria summarized below (see Figure 2).
demographics, and unique conditions that affect tribal
governments.
Emergency Declarations. A governor of a state or territory
or tribal chief executive may request an emergency
Figure 2. Stafford Act Declaration Request Process
declaration to authorize PA emergency work. Per 44 C.F.R.
§206.35, to evaluate the request, FEMA considers if the
severity and magnitude of the incident exceeds the capacity
of state and local governments to respond, and thus requires
federal supplemental assistance to save lives and protect
property, public health and safety, or to lessen or avert the
threat of a disaster. Governors and tribal chief executives
must also describe the SLTT’s actions and resources
available to respond to the emergency, and describe federal
assistance available and required.
Major Disaster Declarations. FEMA considers different
factors to evaluate a request for a major disaster declaration
and recommend a course of action to the President, per 44
C.F.R. §206.48(a). While no single factor is determinative,
generally FEMA authorizes PA only if the estimated cost of
assistance exceeds certain thresholds. The factors are:
1. Estimated Cost of the Assistance: FEMA assesses the
estimated cost of PA, generally using a Preliminary
Damage Assessment (PDA). In collaboration with
federal, state, territorial, tribal, and local
representatives, FEMA determines whether estimated
costs of PA-eligible work across the jurisdiction exceed
$1 million total across a state or territory or $250,000
across a tribe. Additionally, for states and territories,
costs must meet or exceed annually adjusted per-capita
thresholds across the county and the state or territory in
need. In FY2021, the per-capita threshold across a state
or territory requesting PA is $1.55, and across a county
is $3.89. In December 2020, FEMA proposed
Source: Developed by CRS based on 44 C.F.R. §§206.31-206.48.
rulemaking to increase the Cost of Assistance
Notes: Appeals must be submitted within 30 days of the date of
thresholds, following a review of the factors pursuant
FEMA’s denial notice, per 44 C.F.R. §206.46(a) and (b). Requests for
to the Disaster Recovery Reform Act of 2018 (Division
assistance for additional jurisdictions or categories of work must be
D of P.L. 115-254).
submitted within 30 days of the end date of the incident or the date
2.
of the declaration, whichever is later, per 44 C.F.R. §206.40(d).
Localized Impacts: FEMA may authorize PA in cases
of severe, concentrated damages, even when the
CRS and FEMA Resources
statewide per capita threshold is not met.
CRS Infographic IG10021, How FEMA Public Assistance
3. Insurance Coverage in Force: FEMA reduces the
Works, by Erica A. Lee.
estimated cost of PA based on the actual or required
insurance coverage for PA-eligible work.
FEMA, Public Assistance Program and Policy Guide
4. Hazard Mitigation: FEMA considers how mitigation
(PAPPG), FP 104-009-2, Effective June 1, 2020.
measures may have reduced the cumulative value of
FEMA, Tribal Declarations Pilot Guidance, January 2017.
damages. To encourage community resilience efforts,
FEMA may authorize PA even when estimated
Erica A. Lee, Analyst in Emergency Management and
damages do not meet the per capita thresholds because
Disaster Recovery
of mitigation measures.
IF11529
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A Brief Overview of FEMA’s Public Assistance Program
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