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DHS/FEMA RIN: 1660-AB07 Publication ID: Spring 2024 
Title: Individual Assistance Program Equity 
Abstract:

The Federal Emergency Management Agency (FEMA) published an interim final rule (IFR) amending its regulations governing the Individual Assistance program to increase equity by simplifying processes, removing barriers to entry, and increasing eligibility for certain types of assistance under the program.

Specifically, the IFR: Increases eligibility for home repair assistance by amending the definitions and application of the terms safe, sanitary, and functional, allows assistance for certain accessibility-related items, and amends its approach to evaluating insurance proceeds; allows for the re-opening of the applicant registration period when the President adds new counties to the major disaster declaration; simplifies the documentation requirements for continued temporary housing assistance; simplifies the appeals process; simplifies the process to request approval for a late registration; removes the requirement to apply for a Small Business Administration loan as a condition of eligibility for Other Needs Assistance (ONA); and establishes additional assistance under ONA for serious needs, displacement, disaster-damaged computing devices, and essential tools for self-employed individuals.  FEMA also made revisions to reflect changes to statutory authority that have not yet been implemented in regulation, to include provisions for utility and security deposit payments, lease and repair of multi-family rental housing, child care assistance, maximum assistance limits, and waiver authority. 

FEMA sought input on regulatory changes to the Individuals and Households Program (IHP) through a Request for Information (RFI), published on April 22, 2021, seeking public input on its programs, regulations, collections of information, and policies to ensure they effectively achieve FEMA’s mission in a manner that furthers the goals of advancing equity for all, including those in underserved communities; bolstering resilience from the impacts of climate change, particularly for those disproportionately impacted by climate change; and environmental justice. 

FEMA held public meetings and extended the comment period on the RFI to ensure all interested parties had sufficient opportunity to provide comments. See "Request for Information on FEMA Programs, Regulations, and Policies; Public Meetings; Extension of Comment Period,” 86 FR 30326, June 7, 2021.  All relevant comments received in response to the RFI, including those received during the public meetings, have been posted to the public rulemaking docket on the Federal eRulemaking portal at https://www.regulations.gov/document/FEMA-2021-0011-0001/comment

Commenters raised equitable concerns that FEMA addresses in this IFR, such as by removing the requirement to apply for the SBA for a loan before receipt of ONA, amending FEMA’s habitability standards, increasing assistance for essential tools, simplifying its appeal process, and removing documentation requirements for late registrations. FEMA seeks public comment on this IFR and will carefully consider each comment received to determine whether further changes to FEMA’s IHP regulations are needed. In addition, FEMA met with stakeholders during the public comment period, and held Tribal consultation listening sessions on February 12, 2024, February 27, 2024, and March 27, 2024.  FEMA is considering this public input to determine whether further changes to FEMA’s IHP are needed.

 
Agency: Department of Homeland Security(DHS)  Priority: Section 3(f)(1) 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 206.101    44 CFR 206.110 to 206.115    44 CFR 206.117 to 206.119    44 CFR 206.191   
Legal Authority: 42 U.S.C. 5155    42 U.S.C. 5174    42 U.S.C. 5189a   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Request for Information on FEMA Programs, Regulations, and Policies  04/22/2021  86 FR 21325   
Request for Information Comment Period End  06/21/2021 
Interim Final Rule  01/22/2024  89 FR 3990   
Interim Final Rule Effective  03/22/2024 
Interim Final Rule Comment Period End  07/22/2024 
Additional Information: Docket ID: FEMA-2023-0003
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State 
Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: https://www.regulations.gov   Public Comment URL: https://www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Kristina McAlister
Supervisory Emergency Management Specialist (Recovery)
Department of Homeland Security
Federal Emergency Management Agency
Individual Assistance Division Recovery Directorate, 500 C Street SW,
Washington, DC 20472
Phone:866 826-8751
Email: fema-ihp-policy@fema.dhs.gov