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DHS/FEMA RIN: 1660-AB09 Publication ID: Fall 2022 
Title: 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.

Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 44 CFR 206   
Legal Authority: 42 U.S.C. 5121 to 5207   
Legal Deadline:  None

Statement of Need:

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.

Anticipated Costs and Benefits:

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.

Action Date FR Cite
NPRM  03/00/2023 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State, Tribal 
Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Ana Montero
Public Assistance Division Recovery Directorate
Department of Homeland Security
Federal Emergency Management Agency
500 C Street SW,
Washington, DC 20472-3100
Phone:202 646-3834