IG10024 — How FEMA Individual Assistance Works

/ How FEMA Individual Assistance Works FEMA's Individual Assistance (IA) program provides financial and direct assistance and services o disaster survivors when the President authorizes such assistance pursuant to a declaration of emergency or major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act; PL. 93-288, as amended). WHAT IS INDIVIDUAL ASSISTANCE HOW IS IA FUNDED? Incident Individuals and Households Program (IHP) Disaster Case Management Crisis Counseling Assistance & Training Program Disaster Unemployment Assistance Disaster Legal Services Disaster Relief Fund (DRF) Appropriations The source Of funding for Stafford Act assistance. FEMA provides assistance for housing and FEMA or STT provides assistance for other needs to disaster survivors SLTTs and NGOs administer programs and provide services to support disaster survivors ABA Young Lawyers Division provides free legal services to disaster survivors Federal cost share 100% for most IA The federal government provides costs for IHP-ONA HOW IS IA AUTHORIZED AND WHAT FACTORS ARE CONSIDERED? Federal and SLTT officials conduct Joint Preliminary Damage Assessment (PDA) Governor Or Tribal Chief Executive submits declaration request President issues declaration or denies the request STT may appeal decision regarding declaration, eligible counties, and types of work Local Assessment PDA Findings FEMA evaluates declaration request and makes recommendation to President STT may request additional eligible counties and types of assistance There is no automatic threshold for authorizing a request for IA. FEMA evaluates different factors for the states/territories and tribes, as well as other relevant information: State/Territorial Governor's Request for IA State Fiscal Capacity and Resources Availability* Uninsured Home and Personal Property Losses* Disaster Impacted Population Profile Impact to Community Infrastructure Casualties Disaster Related Unemployment Tribal Chief Executive's Request for IA Tribal Nation Capacity and Resources to Respond to the Disaster Uninsured Home and Personal Property Losses and Pre-Existing Condition Disaster Impacted Population Profile Impact to Community Infrastructure and Cultural Facilities Disaster Related Unemployment Displaced Households and Availability of Housing Resources Unique Conditions That Affect Tribal Nations 36-month Disaster History or Recent Multiple Disasters That Impacted the Nation Other Relevant Information HOW DO IA APPLICANTS RECEIVE FUNDING? FEMA provides FEMA provides written approval/ Notice of Award SLTTs/NGOs (administer programs and provide services to support disaster survivors) Individuals/ Households (request IHP assistance for their disaster-caused Meet eligibility Complete needs Submit federal denial and conditions award application justification assessment 0000 and Conditions of Award Conduct work/ satisfy award requirements Meet eligibilty Submit application criteria online, phone, or Disaster Recovery Center (DRC) housing and other needs) FEMA verifies disaster-caused losses May appeal FEMA provides Eligibility Letter and FEMA's determination financial assistance Complete federal grant closeout Use assistance for disaster recovery HOW DOES FEMA RECOUP Il-IP FUNDING? FEMA is required by law to identify and recover improper payments (overpayments, payments made to ineligible recipients, payments used for ineligible services, duplication of benefits) FEMA Appeal Determination: or Does not Appeal FEMA Provides Written Notice of Potential Debt to IHP Applicant If they appeal submit written appeal or request oral hearing If they do not appeal debt becomes final FEMA Grants Appeal: Reason for Debt FEMA terminates debt and returns money FEMA Grants Appeal: Amount FEMA returns excess money or collects remaining portion of reduced debt FEMA Denies Appeal debt becomes final and must be paid IHP Applicant Pays Debt or FEMA Waiver IHP Applicant pays debt in full or debt compromise unpaid debts are referred to Treasury for collection FEMA must waive recoupment if the IHP assistance: (1) was distributed based on an error by FEMA and such debt shall be construed as a hardship; and (2) is subject to a claim Or legal action. Abbreviations: ABA: American Bar Association, DRC: Disaster Recovery Center, NGOs: Nongovernmental Organizations, ONA: Other Needs Assistance (i.e., IHP assistance for "other needs"), SLTT: State, Local, Tribal, and Territorial, STT: State, Tribal, Territorial. *Indicates principal factor for determining the need for the IHP. Sources: CRS's interpretation of Stafford Act Sections 408 (42 U.S.C. 55174): 410 (42 U.S.C. 55177); 426 (42 U.S.C. 5518%); 416 (42 U.S.C. 55183); 41 5 (42 U.s.c. 55182); (42 U.S.C. 42 U.s.c. 551 74a: Title 44 of the Code of Federal Regulations, including Subchapter D, part 206, Subparts B, D, and F; 44 CER. 5206.48(b); FEMA, Tribal Declarations Interim Guidance, FP 104-009025-001 , December 2024; and FEMA, Individual Assistance Program and policy Guide (IAPPG), v. 1.1 , FP 104-009-03, May 2021. Information as of May 29, 2025. Prepared by Elizabeth M. Webster, Specialist in Emergency Management and Disaster Recovery; and Brion Long, Visual Information Specialist. For more information, see CRS In Focus 1 1298 (https://www.crs.gov/Reports/lF1 1298). —CRS Individual Pays Debt Payment Options Pay in full Request payment plan Request full/partial debt compromise or Individual Requests Debt Waiver Debt was the result of FEMA error and Applicant must show: (1) They were not at fault (2) Collection would be against “equity and good conscience” *Abbreviations: ABA: American Bar Association, DRC: Disaster Recovery Center, IHP: Individuals and Households Program, NGOs: Nongovernmental Organizations, ONA: Other Needs Assistance (i.e., IHP assistance for “other needs”), PDA: Preliminary Damage Assessment, SLTT: State, Local, Tribal, and Territorial. **Appeal Note: The state/territory/tribe may appeal the decision regarding the declaration, eligible counties, or categories of work. ***Indicates principal factor for determining the need for the IHP. Sources: CRS’s interpretation of Stafford Act Sections 408, 426, 416, 410, and 415 (42 U.S.C. §§5174, 5189d, 5183, 5177, and 5182); 44 C.F.R. Part 206, Subparts B, D, and F; 44 C.F.R. §206.48(b); FEMA’s Individual Assistance Program and Policy Guide (IAPPG), v.1.1, FP 104-009-03, May 2021; and FEMA’s “Instruction 116-1-2: Individuals and Households Program Recoupment,” v. 2.0, May 2019. Information prepared by Elizabeth M. Webster, Analyst in Emergency Management and Disaster Recovery, Federalism and Emergency Management Section; and Brion Long, Visual Information Specialist. For more information, see CRS In Focus IF11298.

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