FEMA’s IA Program Changes to Support Disaster Survivors

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.

•

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 shortterm 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 disastercaused 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 accessibilityrelated needs—even if such items were not present

in the home prior to the disaster.

FEMA IA Program Equity Rulemaking

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.

On March 22, 2024, FEMA released a memorandum

amending its Individual Assistance Program and Policy

Guide (IAPPG) to reflect such changes. See the CRS

https://crsreports.congress.gov

FEMA’s IA Program Changes to Support Disaster Survivors

Insight IN12333, Updates to FEMA’s Individuals and

Households Program Made by the “Individual Assistance

Program Equity” Rulemaking for more information.

general IHP eligibility requirement. FEMA implemented

such statutory amendments to the IHP and amended the

IAPPG through a memorandum issued on April 26, 2024.

FEMA Updates to Guidance and Policies

Congressional Considerations

FEMA has made other changes to its programs to advance

equity in its provision of relief to individuals, including

through its own existing authorities, and as required by law.

Actions to Reduce Administrative Burdens and

Increase Flexibilities

On September 2, 2021, in accordance with the Biden

Administration’s and FEMA’s equity initiatives, FEMA

released a memorandum amending the IAPPG, effective for

disasters declared on or after August 23, 2021. The

memorandum made changes to FEMA’s accepted forms of

proof of occupancy and ownership, including by:

•

Expanding the types of documents that may be

submitted to verify occupancy and ownership;

•

Amending FEMA’s documentation exceptions to

accept a self-declarative statement from IHP

applicants whose pre-disaster primary residence

was a mobile home or travel trailer, or who live in

insular areas, islands, and tribal lands; and

•

Allowing a self-declarative statement to establish

heirship proof of ownership.

In addition, FEMA has modified its means of verifying

occupancy and ownership, including by allowing inspectors

to do so, and by using historical information by an IHP

applicant at the same damaged dwelling address.

In 2021, FEMA defined “equity” in its approach to

providing assistance and added “equity” as one of its

strategic goals, and the 2024 IFR’s changes to the IA

program reflect that priority. FEMA may continue updating

its IA programs, including based on comments received on

its implementation of the IFR or to make further program

changes. For example, the IFR primarily amended FEMA’s

provision of IHP financial assistance for housing and ONA,

but not its Direct Housing Assistance programs. It is

unclear whether further programmatic changes are planned.

In addition, through an April 2021 Request for Information,

FEMA solicited and received feedback from stakeholders,

including state and local offices of emergency management,

disaster survivors, nonpartisan think-tanks, academics, and

nonprofit organizations, regarding promoting equity in

federal disaster relief. Among the many IA-related

proposals were recommendations subsequently addressed

through the IFR (e.g., clarifying the relationship between

the IHP and SBA disaster loans; allowing IHP assistance

for pre-existing damage; and easing the IHP appeals

process), and other issues FEMA addressed through its

policy changes (e.g., expanding ways to prove occupancy

and ownership). Still, many other recommendations remain

open—for example, some stakeholders suggested:

•

Creating a unified application for federal disaster

assistance provided by FEMA, SBA, and the U.S.

Department of Housing and Urban Development.

GAO reported that, as of February 2024, these and

other interagency partners were exploring the

viability of a single application for disaster

assistance. Congress could consider passing

legislation establishing a universal application, and

could also consider requiring FEMA, with other

relevant federal agencies, to report to Congress on

options for and progress made on simplifying the

disaster assistance application process.

•

Addressing limitations associated with the

provision of Home Repair Assistance for eligible

hazard mitigation measures. While FEMA may

make some changes to the program (e.g., further

expanding the types of eligible hazard mitigation

measures, as it previously did in 2021 and 2022),

other changes may require congressional authority

(e.g., Congress could consider amending the

Stafford Act to increase or remove the financial

assistance cap for eligible mitigation measures).

The memorandum also amended the IHP to include:

•

Financial assistance to repair real property

components impacted by disaster-caused mold;

•

A new form of ONA: Clean and Sanitize

Assistance, which allows FEMA to provide $300

to IHP applicants who don’t qualify for Housing

Assistance in order to prevent additional losses

and address health and safety concerns; and

•

Financial assistance for IHP applicants with a

disaster-caused disability who require

accessibility-related items to make their disasterdamaged home safe and functional, and to meet

their households’ access and functional needs.

FEMA also streamlined its assistance application on

DisasterAssistance.gov to reduce the time it takes to

register.

Other Actions to Expand IHP Applicant Eligibility

On March 9, 2024, the Compact of Free Association

Amendments Act of 2024 (Div. G, Title II of P.L. 118-42)

was enacted, amending Title IV of the Personal

Responsibility and Work Opportunity Reconciliation Act of

1996 (PRWORA; P.L. 104-193), such that now, individuals

who lawfully reside in the United States in accordance with

the Compacts of Free Association—citizens of Micronesia,

the Marshall Islands, and Palau—meet the “qualified alien”

CRS Report R46014, FEMA Individual Assistance

Programs: An Overview describes FEMA’s IA programs;

and CRS Report R47297, Disaster Survivor FAQ: FEMA

Individuals and Households Program provides more

information on applying for IHP assistance.

Elizabeth M. Webster, Specialist in Emergency

Management and Disaster Recovery

https://crsreports.congress.gov

FEMA’s IA Program Changes to Support Disaster Survivors

IF12785

Disclaimer

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