The Federal Emergency Management Agency (FEMA) was seeking feedback for a proposed revision of its Public Assistance (PA) program regulations to align with current statutory authority and agency practices under the Stafford Act. The proposed amendments are meant to improve the efficiency and consistency of the PA program, as well as enhance local governments’ understanding of the program. However, the current definition of "Private Nonprofit (PNP) Facility" eligible for reimbursement still excludes crucial disability and aging organizations, which have long played a critical role in disaster response.

The Administration for Community Living (ACL) shared the FEMA announcement on August 19, 2024 for public comments, urging the disability and aging networks to contribute their perspectives. 

Given the compressed timeline and the critical nature of this proposed rule, the National Council on Disability (NCD) swiftly requested an extension of time to allow the disability community ample opportunity to respond fully to the proposal. As the NCD noted, this issue is of significant interest but requires more time to ensure that the disability community’s concerns are heard comprehensively.

In response to this call to action, The Partnership for Inclusive Disaster Strategies (The Partnership) wasted no time in rallying the community. By August 26, 2024, The Partnership had developed and widely shared a comment template, encouraging disability and aging organizations to submit their experiences with FEMA’s Public Assistance program. We sought to provide FEMA with firsthand accounts of the obstacles these organizations face in receiving financial support for the services provided in disaster response and recovery.

A History of Barriers in the Public Assistance Program

For years, many disability and aging organizations, such as Centers for Independent Living (CILs), have struggled to access FEMA reimbursement, even though they are often the first responders within their communities. CILs and other nonprofits serving people with disabilities have repeatedly been left out of FEMA’s current list of eligible Private Nonprofits, despite providing critical services like emergency protective measures, personal assistance services, accessible transportation, and charging stations during disasters.

The disability and aging networks have long expressed frustration over FEMA’s limited definition of "facilities." As The Partnership pointed out in our official comments to FEMA, the narrow definition of eligible nonprofits does not encompass the critical, community-based organizations that support people with disabilities and older adults during disasters. Our comment emphasized that CILs are uniquely positioned to meet the needs of people with disabilities in disasters and are already doing this.

To illustrate the point, The Partnership’s comments included examples of CILs’ efforts across the U.S. during disasters. For instance, the Vermont Center for Independent Living (VCIL) played a key role in coordinating disaster relief efforts after severe flooding devastated the state in 2023 and again in 2024. VCIL staff held daily stakeholder meetings with FEMA to ensure an accessible response for people with disabilities, organizing everything from wellness checks to connecting individuals with vital medications.

Similarly, after Hurricane Maria in Puerto Rico, the Movimiento para el Alcance de Vida Independiente (MAVI) collaborated with local and mainland organizations to deliver essential resources like food, water, assistive equipment, and generators to over 9,000 people with disabilities.

These examples highlight the essential role disability-led and disability and aging organizations play in disaster response. However, their ability to continue this work is jeopardized by their exclusion from FEMA’s reimbursement list. Many of these organizations would greatly benefit from FEMA’s Public Assistance program for operational sustainability, especially after providing services that go beyond their everyday operations.

A Nationwide Call for Inclusion

With the September 3, 2024, due date for comments now passed, the disability and aging networks have mobilized en masse. At least 52 out of the 159 comments were submitted by various disability and aging organizations in response to FEMA’s proposed rule, reflecting a strong collective effort. This included input from two Statewide Independent Living Councils (SILCs) from Florida and Illinois; 27 Centers for Independent Living (CILs) across the country; two Protection & Advocacy (P&A) systems from California and Florida; the University of Cincinnati Center for Excellence in Developmental Disabilities (UCCEDD) and the National Center for Disability, Equity, and Intersectionality; five individual contributors; and four supporting organizations, including the Colorado Cross Disability Coalition and Disability Law United. Of these, 32 comments utilized the template provided by The Partnership. Over 45 of the comments specifically called for recognizing disability and aging organizations as eligible Private Nonprofits for FEMA Public Assistance, highlighting the broad support for this crucial change.

Numerous national organizations also submitted comments in strong support of expanding FEMA's definition of eligible Private Nonprofit (PNP) facilities to include organizations that serve disabled people and older adults. Key national entities such as American Network of Community Options and Resources (ANCOR), Association of Programs for Rural Independent Living (APRIL), the Consortium for Citizens with Disabilities Emergency Management Task Force (CCD EM TF), National Association of Councils on Developmental Disabilities (NACDD), National Council on Disability (NCD), National Council on Independent Living (NCIL), and United States Society for Augmentative and Alternative Communication (USSAAC) all submitted comments. These organizations collectively emphasized the critical role that disability and aging nonprofits play in disaster preparedness, response, and recovery, advocating for their inclusion in FEMA’s Public Assistance program to ensure equitable support for all communities during disasters.

With more time, many additional voices from the disability and aging communities would have likely joined the call to action, further strengthening the push for expanding FEMA’s definition of eligible Private Nonprofit Facilities.

A Crossroads for Inclusion

FEMA's notice of proposed rulemaking presents a crucial opportunity to address long-standing inequities within the Public Assistance program. As NCD’s 2021 Progress Report: The Impact of COVID-19 on People with Disabilities highlighted, “the current definition of Private Nonprofit (PNP) facilities often excludes critical organizations like Centers for Independent Living (CILs) and similar nonprofits that operate openly to provide essential services to vulnerable populations.” The NCD report recommended that FEMA issue guidance to expand the definition of PNPs, ensuring that organizations like CILs can continue providing vital disaster relief services to people with disabilities. By expanding the definition of eligible PNP facilities to include CILs, Protection and Advocacy Systems, Councils on Developmental Disabilities, University Centers for Excellence in Developmental Disability, Assistive Technology programs, ADA Centers, Aging and Disability Resource Centers, Area Agencies on Aging, and other disability-focused organizations, FEMA could significantly enhance disaster recovery efforts for people with disabilities, and thus the whole community.

The next step rests with FEMA, as stakeholders from the disability and aging communities wait anxiously to see if our voices will be heard in the final rule. For now, advocates like The Partnership, NCD, and countless other organizations continue to press for a broader and more inclusive definition that truly reflects the realities of disaster response in the 21st century.