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October 17, 2024
FEMA's IA Program Changes to Support Disaster Survivors
The Federal Emergency Management Agency (FEMA) may
provide assistance to disaster survivors through the
Individual Assistance (IA) program pursuant to a
presidential declaration of emergency or major disaster
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (Stafford Act; P.L. 93-288, as amended; 42
U.S.C. §§5121 et seq.). Some stakeholders, including
Members of Congress, federal officials, emergency
managers, scholars, and survivors have expressed concern
that federal disaster assistance does not adequately reach
underserved populations. FEMA has recently made changes
to its provision of IA, aimed at improving the experience of
disaster survivors, including by streamlining its disaster
assistance programs and removing barriers to accessing
assistance. FEMA has done this through publishing an
interim final rule (IFR) amending its regulations governing
the Individuals and Households Program (IHP)-a form of
IA, and updating its guidance and policies to reflect
statutory changes and the Biden Administration's and
FEMA's equity-related priorities.
FEMA IA Pro ram Equity Ruemakn
On January 22, 2024, FEMA announced the most
comprehensive updates to [its IA] Program in the past 20
years when it published an IFR amending its IHP
regulations. The rule went into effect for emergencies and
major disasters declared on or after March 22, 2024.
According to FEMA, the amended regulations seek to
increase equity by simplifying processes, removing
barriers to entry, and increasing eligibility for certain types
of assistance. The agency anticipates the IFR will expedite
the provision of assistance, make more people eligible, and
align its regulations with its statutory authorities.
The IFR changed the application process and process by
which individuals are considered for assistance, such as by:
* Removing the requirement for IHP applicants who
meet the Small Business Administration's (SBA's)
minimum income requirements to first apply for
an SBA disaster loan, and either be denied or
receive a partial loan, before being considered for
FEMA's SBA-Dependent Other Needs Assistance
(ONA). Now, IHP applicants may receive the IHP
assistance that they apply and are eligible for-
including all forms of ONA-without first having
to apply for an SBA disaster loan.
* Removing the requirement for IHP applicants to
provide supporting documentation to justify a late
application (submitted after the initial 60-day
registration period). Now, IHP applicants must
provide an acceptable explanation for the delay
(e.g., explaining the situation via phone). FEMA
also accepts more reasons for late applications.
* Simplifying the appeals process so applicants are
no longer required to submit a written and signed
appeal letter with their supporting documentation,
and may instead submit either a written and signed
explanation or verifiable documentation
supporting the appeal request.
* Simplifying the documentation requirements for
IHP applicants to receive Continued Temporary
Housing Assistance and allowing more reasonable
timeframes for disaster survivors to establish a
permanent housing plan.
The IFR expanded eligibility for existing forms of
assistance and created new forms of assistance, such as by:
* Establishing two new forms of ONA: 1) Serious
Needs Assistance, which allows FEMA to provide
$750 to eligible applicants to address their
immediate needs for water, food, first aid, infant
formula, diapers, personal hygiene items, and fuel
for or the cost of transportation; and 2)
Displacement Assistance, which allows FEMA to
provide up to two weeks of financial assistance to
eligible applicants to immediately obtain short-
term accommodations when their pre-disaster
primary residence is uninhabitable or inaccessible.
* Helping underinsured disaster survivors receive
IHP assistance by changing the way insurance
proceeds affect their eligibility for assistance, such
that now, even when their net insurance proceeds
are equal to or exceed the IHP financial assistance
cap, they may still qualify for IHP assistance.
* Allowing self-employed individuals to receive
Personal Property Assistance for disaster-damaged
essential tools and equipment, and required items
for their trade/profession.
* Removing the regulatory limitations associated
with pre-existing damage to allow Home Repair
Assistance to be provided for a mix of disaster-
caused and pre-existing damage.
* Expanding Home Repair Assistance for
accessibility-related items to allow individuals
with pre-existing or disaster-caused disabilities to
install or construct new real-property components
that are necessary to meet their accessibility-
related needs-even if such items were not present
in the home prior to the disaster.
On March 22, 2024, FEMA released a memorandum
amending its Individual Assistance Program and Policy
Guide (IAPPG) to reflect such changes. See the CRS](ViewImageLocal?handle=hein.crs/goveqzk0001&div=1&collection=&method=preview&ext=.png&size=3)