FEMA Individual Assistance Programs: An Overview
Released: 2019-12-05T00:00:00

Introduction

Following a presidential declaration of emergency or major disaster, the Federal Emergency Management Agency (FEMA) may provide three primary forms of assistance: Individual Assistance (IA), Public Assistance (PA), and Hazard Mitigation Assistance (HMA). IA, which is the focus of this report, provides aid to affected individuals and households, and can take the form of assistance for housing and for other needs through the Individuals and Households Program, crisis counseling, disaster unemployment assistance, disaster legal services, and disaster case management services, as well as mass care and emergency assistance. PA provides grants to local, state, territorial, and Indian tribal governments, as well as certain private nonprofit organizations, for emergency protective measures, debris removal operations, and repair or replacement of damaged public infrastructure. HMA funds pay for mitigation and resiliency projects and programs to reduce the threat or impacts of future disasters. This report provides brief descriptions of the categories of IA authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act; P.L. 93-288, as amended; 42 U.S.C. Â§Â§5121 et seq.). The information is based on the program guidance that FEMA released in March 2019, to serve as a comprehensive IA program policy resource; the Individual Assistance Program and Policy Guide (IAPPG) applies to emergencies and disasters declared on or after March 1, 2019.

State, territorial, and Indian tribal governments do not automatically receive IA when a disaster occurs. Following an incident , the governor or tribal chief executive must request that the President declare an emergency or major disaster and that IA be authorized. When drafting a request for a major disaster declaration authorizing IA, the state, territorial, or Indian tribal government must demonstrate that the incident exceeds their capacity to effectively respond without federal assistance. FEMA then evaluates the request using a set of factors before providing a recommendation to the President. In March 2019, FEMA released the updated factors considered when evaluating a governor's request for IA, which became effective June 1, 2019. Thus, this report also lists and briefly describes the updated IA factors.

Individual Assistance Programs

Various types of FEMA IA may be provided to disaster survivors. The available IA options depend on the type of declaration (i.e., an "emergency" or "major disaster"), and the type(s) of IA requested by the governor of the affected state or the tribal chief executive. These requests must be authorized by FEMA (for information on the factors considered when determining whether to authorize IA, see the " IA Factors " section, below) . FEMA's IA program includes

1. Mass Care and Emergency Assistance ; 2. Crisis Counseling Assistance and Training Program ; 3. Disaster Unemployment Assistance ; 4. Disaster Legal Services ; 5. Disaster Case Management ; and 6. Individuals and Households Program.

A brief description of each form of IA is included below.

Mass Care and Emergency Assistance14

Mass Care and Emergency Assistance (MC/EA) involves the provision of life-sustaining services to disaster survivors prior to, during, and following an incident through short-term recovery. MC/EA includes seven service "activities": (1) sheltering; (2) feeding; (3) distribution of emergency supplies; (4) support for individuals with disabilities and others with access and functional needs; (5) reunification services for adults and children; (6) support for household pets, service animals, and assistance animals; and (7) mass evacuee support.

Crisis Counseling Assistance and Training Program16

The Crisis Counseling Assistance and Training Program (CCP) provides grant funding to eligible local, state, territorial, and Indian tribal governments, as well as nongovernmental organizations. CCP supplements efforts to assist individuals and communities with recovering from the effects of a disaster through community-based outreach and the provision of services, such as crisis counseling, psycho-education, and coping skills development. CCP also provides support by linking the disaster survivor with other resources, such as individuals and agencies that help survivors in the recovery process. The program provides short- to intermediate-term assistance to support mental and emotional health needs. Two CCP programs provide assistance for different lengths of time: (1) the Immediate Services Program provides funding for up to 60 days following a major disaster declaration; and (2) the Regular Services Program provides funding for up to nine months from the notice of award.

Disaster Unemployment Assistance23

Disaster Unemployment Assistance (DUA) provides benefits to individuals who were previously employed or self-employed, were rendered jobless or whose employment was interrupted as a direct result of a major disaster, and are ineligible for regular unemployment insurance. DUA may also provide re-employment assistance. DUA benefits may continue for up to 26 weeks following the declaration of a major disaster.

Disaster Legal Services27

Disaster Legal Services (DLS) are provided free to low-income individuals who require them because of a major disaster. The provision of services is "confined to the securing of benefits under the [Stafford] Act and claims arising out of a major disaster." Assistance may include help with insurance claims, drawing up new wills and other legal documents lost in the disaster, help with home repair contracts and contractors, and appeals of FEMA decisions. Disaster Legal Services are provided through an agreement with the American Bar Association's Young Lawyers Division. Neither the statute nor the regulations establish cost-share requirements or time limitations for DLS.

Disaster Case Management31

The Disaster Case Management (DCM) program partners case managers with disaster survivors to develop and implement disaster recovery plans that address their unmet needs. The program is time-limited, and shall not exceed 24 months from the date of the major disaster declaration.

Individuals and Households Program34

The Individuals and Households Program (IHP) 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 assistance. The IHP is the primary way FEMA assists disaster survivors. Although it may meet basic needs, it cannot compensate for all losses. The categories of IHP assistance are Housing Assistance and Other Needs Assistance (ONA) (see Table 1 ). The period of assistance is generally limited to 18 months following the date of the emergency or major disaster declaration.

Housing Assistance

Multiple types of Housing Assistance may be provided to meet disaster survivors' post-disaster housing needs. Housing Assistance includes the subcategories of Financial Housing Assistance and Direct Housing Assistance. The appropriate types of housing assistance depend on various considerations, including, but not limited to, cost-effectiveness; availability; suitability; and access to services. The federal cost share for FEMA housing assistance is 100%. The following sections provide a brief overview of each type of Housing Assistance organized by subcategory.

Financial Housing Assistance

Financial Housing Assistance is grant funding provided directly to the individual or household by FEMA. Some types of Financial Housing Assistance are subject to a limit on the amount of Financial Housing Assistance an individual or household is eligible to receive.

Lodging Expense Reimbursement (LER) provides funding for out-of-pocket short-term lodging costs and taxes when the applicant is displaced from their primary residence because it is uninhabitable or inaccessible. Rental Assistance (including Initial Rental Assistance and Continued Rental Assistance) provides funding to rent alternate housing accommodations while the applicant is displaced from their primary residence because it is uninhabitable, inaccessible, affected by a utility outage, or unavailable. Home Repair Assistance provides funding to repair an owner-occupied primary residence, utilities, and infrastructure, subject to the maximum amount of financial assistance. Home Replacement Assistance provides funding to help replace a disaster-destroyed owner-occupied primary residence, subject to the maximum amount of financial assistance.

Direct Housing Assistance

Direct Housing Assistance is housing provided to the individual or household by FEMA or the state, territorial, or Indian tribal government. Direct Housing Assistance is not subject to the limit on the maximum amount of financial assistance an individual or household is eligible to receive. However, FEMA may only provide Direct Housing Assistance when Rental Assistance (a type of Financial Housing Assistance) is not available or is insufficient.

Multifamily Lease and Repair (MLR) places disaster survivors in leased, repaired or improved multifamily temporary housing units (e.g., apartments). Transportable Temporary Housing Units (TTHUs) place disaster survivors in purchased or leased temporary housing units. TTHU sites must meet specific requirements, including (1) providing access to available and functional utilities; (2) complying with government ordinances; and (3) satisfying federal floodplain management and Environmental Planning and Historic Preservation (EHP) compliance review requirements. Direct Lease places disaster survivors in leased residential properties. Permanent Housing Construction (PHC) is a last resort used to provide home repair and new construction services to homeowners in insular areas or another location where no alternative housing resources are available.

Other Needs Assistance

Other Needs Assistance (ONA) provides a grant of financial assistance for other disaster-related necessary expenses and serious needs, and includes the subcategories of SBA-Dependent ONA and Non-SBA-Dependent ONA. ONA is subject to a limit on the amount of assistance an individual or household is eligible to receive. Further, 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. The federal cost share for ONA is 75%, and the non-federal cost share is the remaining 25%. The following sections provide an overview of each type of ONA organized by subcategory.

SBA-Dependent ONA

FEMA and the SBA collaborate 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.

Personal Property Assistance provides funding to repair or replace eligible items damaged or destroyed as a result of a disaster. Transportation Assistance provides funding to repair or replace a vehicle damaged by a disaster. Moving and Storage Assistance provides funding to relocate and store essential personal property while repairs are made, and then return the property to the repaired primary residence. Group Flood Insurance Policy enables FEMA or the state, territorial, or Indian tribal government to pay $600 for three years of flood insurance for real and personal property through the National Flood Insurance Program (NFIP). Upon the expiration of the group policy, the applicant must purchase and maintain their own flood insurance; failure to do so may affect future IHP eligibility.

Non-SBA-Dependent ONA

Non-SBA-Dependent types of ONA may be awarded regardless of the individual or household's SBA disaster loan status.

Funeral Assistance provides funding to assist with eligible expenses. Medical and Dental Assistance provides funding to assist with eligible expenses. Childcare Assistance is provided in the form of a one-time payment that covers up to eight cumulative weeks of childcare and eligible expenses to care for children aged 13 and under, and/or children up to age 21 who have a disability. Miscellaneous Expenses provides funding for reimbursement of eligible items purchased or rented after a disaster to assist with recovery. Critical Needs Assistance (sometimes referred to as "Immediate Needs Assistance") is provided in the form of a one-time payment of $500 to individuals or households who need life-saving and life-sustaining items because they are displaced from their primary dwelling as a result of a disaster. Clean and Removal Assistance is provided in the form of a one-time payment to address floodwater contamination for individuals or households whose primary residence experienced flood damage (any assistance received will be deducted from any subsequent award of Home Repair Assistance).

IA Factors for a Major Disaster Declaration

State, territorial, and Indian tribal governments do not automatically receive Individual Assistance (IA) when an incident occurs. The governor or tribal chief executive must request that the President declare an emergency or major disaster and that IA be authorized. This is because federal assistance is intended to supplementânot supplantâlocal, state, territorial, or Indian tribal government response and recovery efforts. In making such a 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.

The governor or tribal 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. Specific factors are considered by FEMA when evaluating the need for supplemental federal assistance to individuals (i.e., IA) pursuant to a request for a major disaster declaration. FEMA provides a recommendation to the President, and the decision to grant a declaration request is at the President's discretion. The authority to designate assistance types to be made available is delegated to the FEMA Assistant Administrator for the Disaster Assistance Directorate.

IA Factors

On March 21, 2019, as required by Section 1109 of the Sandy Recovery Improvement Act of 2013 (SRIA, Division B of P.L. 113-2 ), FEMA issued a final rule revising the factors considered when evaluating a governor's request for IA. The factors were revised to establish more objective criteria for evaluating the need for assistance, clarify eligibility requirements, and expedite a presidential declaration determination. These factors became effective June 1, 2019. In addition to the revised factors, FEMA also produced guidance for use by state, territorial, and Indian tribal governments when drafting requests for major disaster declarations authorizing IA. In addition to determining IA eligibility, the factors are also used to identify the types of IA that will be made available to the requesting state/territory/Indian tribal government.

The factors considered when evaluating a governor's request for a major disaster declaration authorizing Individual Assistance are intended to assess the "severity, magnitude, and impact of a disaster, as well as the capabilities of the affected jurisdictions." "FEMA will always consider all relevant information submitted as part of a declaration request." As was the case prior to the adoption of the revised IA factors, major disaster declarations are made at the President's discretion and the IA factors do not limit presidential discretion. Brief descriptions of the factors are as follows:

1. State Fiscal Capacity and Resource Availability requires an evaluation of the resources available to the local and state/territorial/Indian tribal government, nongovernmental organizations, and the private sector, combined with the circumstances that contribute to a lack of sufficient resources, resulting in a need for supplemental federal assistance. This factor includes two subfactors: a. Fiscal Capacity evaluates the state's ability to raise revenue for disaster response and recovery using one of two variables: (1) increasing or decreasing, or higher or lower state total taxable resources (TTR); or (2)Â higher or lower state gross domestic product (GDP), which may be considered as the primary alternative to TTR for requesting territories or when TTR data is unavailable. Higher or lower per capita personal income by local area may also be considered with TTR or state GDP when FEMA needs to better assess the need for supplemental federal assistance within a local area. In addition, other factors may be considered because even states with a high fiscal capacity may be affected by disasters that overwhelm their capabilities, or the variables (i.e., TTR and state GDP) may not accurately reflect a state's fiscal capacity due to extenuating circumstances; and b. Resource Availability evaluates whether the disaster-caused needs can be met using non-Stafford Act sources. Two variables are considered: (1)Â resources and services provided by local and state/territorial/Indian tribal governments, and nongovernmental and private sector organizations; and (2)Â the cumulative effect of recent disasters occurring in the previous 24-month period. 2. Uninsured Home and Personal Property Losses considers the results of the FEMA-State Preliminary Damage Assessment (PDA) process to evaluate the extent of damage and estimated cost of assistance. The subfactors considered include (1) the "peril that caused the disaster damage" because it may affect insurance coverage; (2) the percentage of affected applicants with insurance for the peril that caused the damage; (3) whether the concentration of damages is in one area or if it is widespread; (4) the number of homes damaged and degree to which they are damaged (i.e., whether habitability is affected); (5) the estimated cost of assistance based on the PDA data and historical data; (6) the estimated rate of homeownership for the affected homes, which may influence whether the IHP is needed, and what types of housing assistance should be made available; and (7) other relevant PDA data that may demonstrate a need for supplemental federal assistance. 3. Disaster Impacted Population Profile evaluates the recovery challenges of the impacted population considering the affected community's demographics as compared with national averages. 4. Impact to Community Infrastructure evaluates the disaster's impact by considering disruption, damage, or destruction for more than 72 hours to any of the following three subfactors: (1) Life-Saving and Life-Sustaining Services that provide an "essential community function that ... will affect public health and safety", such as police, fire, and emergency medical services (EMS), medical facilities, and water treatment services; (2) Essential Community Services that improve quality of life, such as schools and childcare providers, and social services; and (3) Transportation Infrastructure and Utilities that, for example, render housing uninhabitable or inaccessible, or affect the delivery of services. 5. Casualties , including the number of individuals who are missing, injured, or deceased as a result of a disaster, indicate the level of trauma, which may influence the appropriate types of IA assistance to provide.

Disaster Related Unemployment identifies the number of individuals who may have lost work or become unemployed as a result of the disaster and who do not qualify for standard unemployment insurance.