Thursday, June 13, 2024

OMB Approves Public Assistance NPRM

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a notice of proposed rulemaking (NMRM) from DHS’ Federal Emergency Management Agency on “Update of FEMA's Public Assistance Regulations”. FEMA submitted this NPRM to OIRA on February 5th, 2024.

According to the ‘Statement of Need’ for this rulemaking in the Fall 2023 Unified Agenda:

“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.”

I do not expect that I will be covering this rulemaking in any depth, but I will be watching it for any language or definitions that would specifically include responses to chemical incidents.

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