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DHS/FEMA RIN: 1660-AA18 Publication ID: Fall 2008 
Title: Disaster Assistance; Federal Assistance to Individuals and Households 
Abstract: This rulemaking implements section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended. It would also make further revisions to 44 CFR part 206, subpart D (the Individuals and Households Program (IHP)) and remove subpart E (Individual and Family Grant Programs). Among other things, it would implement section 686 of the Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA) to remove the IHP subcaps; section 685 regarding semi-permanent and permanent housing construction eligibility; revise FEMA's regulations related to individuals with disabilities pursuant to PKEMRA section 689; and revise FEMA's regulations to allow for the payment of security deposits and the costs of utilities, excluding telephone service, in accordance with section 689d of PKEMRA. This regulation also would implement section 689f of PKEMRA by authorizing assistance to relocate individuals displaced from their predisaster primary residence, to and from alternate locations for short-or long-term accommodations. 
Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
CFR Citation: 44 CFR 206   
Legal Authority: 42 USC 5174   
Legal Deadline:
Action Source Description Date
Final  Statutory    10/15/2002 

Statement of Need: FEMA needs to revise its IHP regulations to update them based on lessons learned, comments from States about implementation of the regulations, and to implement recent legislative changes (i.e. Post-Katrina Emergency Management Reform Act of 2006). These changes are intended to provide clear information to disaster assistance applicants, implement new authorites, and help ensure consistent administration of programs by FEMA.

Summary of the Legal Basis: This rulemaking is authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended and the Post-Katrina Emergency Management Reform Act of 2006.

Alternatives: The alternative would be to not implement the new authorities provided to FEMA through post-Katrina legislation, and not take independent steps to improve upon the Individuals and Households Program. FEMA does not deem this an acceptable alternative.

Anticipated Costs and Benefits: Annually, FEMA pays out in excess of $100 million through the Individuals and Households Program. The proposed and interim rules were deemed significant but not economically significant because they did not cause FEMA to pay out $100 million per year more than the agency paid through its previous regulations. Although this second interim rule is expected to alter eligibility requirements, and generally expand the assistance provided through this program, preliminary estimates of the anticipated costs and benefits are not available at this time.

Risks: This action does not adversely affect public health, safety, or the environment.

Timetable:
Action Date FR Cite
NPRM  01/23/2002  67 FR 3412   
NPRM Comment Period End  03/11/2002    
Interim Final Rule  09/30/2002  67 FR 61446   
Corrections  10/09/2002  67 FR 62896   
Corrections Effective  10/09/2002    
Interim Final Rule Effective  10/15/2002    
Interim Final Rule Comment Period End  04/15/2003    
Second Interim Final Rule  07/00/2009    
Additional Information: Transferred from RIN 3067-AD25
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, State 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Julia Chiu-Guenther
Recovery Directorate
Department of Homeland Security
Federal Emergency Management Agency
500 C Street SW.,
Washington, DC 20472-3100
Phone:202 212-1100
Fax:202 212-1002
Email: fema-ia-regulations@dhs.gov