A Brief Overview of FEMA’s Public Assistance Program

A Brief Overview of FEMA’s Public Assistance Program

Updated May 31, 2023
A Brief Overview of FEMA’s Public Assistance Program
The Federal Emergency Management Agency’s (FEMA)
undertaken to save lives; protect property, public health,
Public Assistance (PA) program provides financial and
and safety; and reduce or avert the threat of a catastrophe.
direct assistance (e.g., supplies, personnel) to states, tribes,
• Debris Removal (Category A)—Applicants may
and territories when authorized as part of a presidential
receive direct assistance and reimbursement for the costs
declaration under the Robert T. Stafford Disaster Relief and
of removing debris and wreckage from public and
Emergency Assistance Act (the Stafford Act, P.L. 93-288,
private property when FEMA determines such work is
as amended). PA’s broad scope includes assistance for
in the public interest.
urgent response undertaken immediately before or after a
hazard strikes, as well as long-term recovery assistance
• Emergency Protective Measures (Category B)—
completed years later. Every U.S. state, territory, and the
Applicants may receive direct assistance and
District of Columbia received PA over the past decade.
reimbursement for work undertaken to save lives and
protect property (e.g., search and rescue, emergency
A state, tribe, or territory with an applicable Stafford Act
transportation, and distribution of food and first aid).
declaration serves as the PA primary grant Recipient. State,
tribal, territorial, and local governments (SLTTs), as well as
PA for Permanent Work is only available through a major
eligible nonprofit entities, may then apply for funding as
disaster declaration. It includes efforts to repair, restore,
“Applicants.” The Stafford Act authorizes FEMA to
reconstruct, or replace disaster-damaged public and eligible
reimburse not less than 75% of the eligible costs of specific
private nonprofit facilities. Applicants may receive
types of disaster response and recovery work undertaken by
reimbursement for eligible work undertaken to return the
eligible Applicants. FEMA may recommend that the
following types of facilities to their pre-disaster use:
President increase the federal cost share, where warranted.
• Roads and Bridges (Category C)—except federal aid
PA-Eligible Work
roads;
PA includes assistance for both short-term “Emergency
• Water Control Facilities (Category D)—including
Work” undertaken to respond to a disaster or an emergency,
dams and levees;
and long-term “Permanent Work” undertaken to recover
• Buildings and Equipment (Category E)—including
from a major disaster. Applicants must complete
eligible building contents;
Emergency Work within six months and Permanent Work
within eighteen months of a declaration, though extensions
• Utilities (Category F)—including gas, power, water,
may be granted.
communication, and sewage facilities; and
PA for Emergency Work may be available through an
• Parks, Recreational, Other (Category G)—including
emergency or major disaster declaration. It includes efforts
railways, beaches, piers, ports, and harbors.

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 the
PA is intended to supplement the SLTT resources when an
effects of recent disasters within the disaster-affected
incident exceeds their ability to respond and recover. A
jurisdiction to assess need. FEMA considers incidents
governor or tribal chief executive may determine their
that received presidential or gubernatorial declarations.
resources are insufficient and request federal aid for
6. Programs of Other Federal Assistance: FEMA
specific jurisdictions. PA is only available after the
considers whether other federal assistance may be more
President declares an emergency or major disaster or
appropriate.
FEMA authorizes a Fire Management Assistant Grant
When assessing tribal government requests, FEMA also
(FMAG) under the Stafford Act. For emergencies and
evaluates factors including economic impacts,
major disasters, FEMA evaluates the request and then may
demographics, and unique conditions that affect tribal
recommend that the President authorize PA, according to
governments.
criteria summarized below (see Figure 2).
Figure 2. Stafford Act Declaration Request Process
Emergency Declarations. A governor of a state or territory
or tribal chief executive may request an emergency
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 response, available
resources, and the federal assistance 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) when considering whether
to recommend that PA be authorized. In collaboration
with federal and SLTT 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, FEMA
considers whether costs exceed annually adjusted per-

capita thresholds across the county and the state or
territory in need. In FY2023, the per-capita threshold
Source: Developed by CRS based on 44 C.F.R. §§206.31-206.48.
across a state or territory requesting PA is $1.77, and
Notes: Appeals must be submitted within 30 days of the date of
across a county is $4.44. In December 2020, FEMA
FEMA’s denial notice, per 44 C.F.R. §206.46(a) and (b). Requests for
proposed rulemaking to increase the Cost of Assistance
assistance for additional jurisdictions or categories of work must be
thresholds, following a review of the factors pursuant
submitted within 30 days of the end date of the incident or the date
to the Disaster Recovery Reform Act of 2018 (Division
of the declaration, whichever is later, per 44 C.F.R. §206.40(d).
D of P.L. 115-254); FEMA has not issued a final rule.
CRS and FEMA Resources
2. Localized Impacts: FEMA may authorize PA in cases
CRS Infographic IG10021, How FEMA Public Assistance
of severe, concentrated damages, even when the
Works, by Erica A. Lee.
statewide per capita threshold is not met.
3. Insurance Coverage in Force: FEMA reduces the
CRS Report R46749, FEMA’s Public Assistance Program:
estimated cost of PA based on the actual or required
A Primer and Considerations for Congress, by Erica A.
insurance coverage for PA-eligible work.
Lee.
4. Hazard Mitigation: FEMA considers how mitigation
FEMA, Public Assistance Program and Policy Guide
measures may have reduced the cumulative value of
(PAPPG), FP 104-009-2, Effective June 1, 2020.
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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