1660-AB09 202310 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1660 Federal Emergency Management Agency FEMA 1600 Department of Homeland Security DHS Update of FEMA's Public Assistance Regulations

The Federal Emergency Management Agency (FEMA) proposes to revise its Public Assistance (PA) program regulations to reflect current statutory authorities and implement program improvements.  The proposed rule would incorporate changes brought about by amendments to the Robert T. Stafford Disaster Relief and Emergency Assistance Act.  FEMA is also proposing clarifications and corrections to improve the efficiency and consistency of the Public Assistance program.

]]> Other Significant Previously Published in The Unified Agenda Proposed Rule Stage No No 44 CFR 206 42 U.S.C. 5121 to 5207 Yes

The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), Pub. L. 100-707, 102 Stat. 4689, authorizes the President to provide Federal assistance when the severity and magnitude of an incident or threatened incident, exceeds the affected State, local, Indian Tribal, and Territorial government’s (SLTT's) capabilities to effectively respond or recover.  42 U.S.C. 5170 and 5191.  If the President declares an emergency or major disaster authorizing the Public Assistance program, FEMA may award Public Assistance grants to assist SLTTs and certain private nonprofit (PNP) organizations so communities can quickly respond to and recover from the major disaster or emergency.

FEMA proposes to amend its Public Assistance and Community Disaster Loan program regulations to incorporate statutory changes that have amended sections of the Stafford Act relating to Public Assistance and Community Disaster Loans and to improve program administration. These include the Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA), Pub. L. 109-295, 120 Stat. 1394, the Security and Accountability for Every Port Act of 2006 (SAFE Port Act), Pub. L. 109-347, 120 Stat. 1884, the Pets Evacuation and Transportation Standards Act of 2006 (PETS Act), Pub. L. 109-308, 120 Stat. 1725, the Sandy Recovery Improvement Act of 2013 (SRIA), Pub. L. 113-2, 127 Stat. 39, the Emergency Information Improvement Act of 2015, Pub. L. 114-111, 129 Stat. 2240, the Bipartisan Budget Act of 2018, Pub. L. 115-123, 132 Stat. 64, and the FAA Reauthorization Act of 2018, Division D, Disaster Recovery Reform Act of 2018 (DRRA), Pub. L. 115-254, 132 Stat. 3438.  FEMA also proposes to implement program improvements and make clarifications and corrections to existing regulations.

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FEMA estimates that this rulemaking would result in benefits to SLTTs and FEMA from improving clarity and aligning FEMA regulations with statutory changes and current practices.  Such increased clarity and understanding would improve the efficiency and the consistency of FEMA’s PA programs.  Additionally, proposed improvements to State/Tribal administrative plans would better position SLTTs to respond to and to recover from emergencies and disasters. Lastly, FEMA estimates increases in costs for SLTTs due to additional paperwork burden and familiarization of the rule.

]]> NPRM 05/00/2024 Docket ID FEMA-2023-0005 No Federal Local State Tribal No No No Robert Pesapane Director, Public Assistance Division Recovery Directorate 1660 Federal Emergency Management Agency FEMA 202 646-3834 fema-recovery-pa-policy@fema.dhs.gov 500 C Street SW, Washington DC 20472-3100