[Federal Register Volume 60, Number 163 (Wednesday, August 23, 1995)]
[Proposed Rules]
[Page 43740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20900]



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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 206

RIN 3067-AC39


Exemption From Garnishment for Temporary Housing Assistance

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Proposed rule.

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SUMMARY: This proposed rule would establish that all financial 
assistance provided under the Disaster Housing Program is exempt from 
garnishment, seizure, encumbrance, levy, execution, pledge, attachment, 
release, or waiver.

DATES: Comments will be accepted until October 23, 1995.

ADDRESSES: Please send comments to the Rules Docket Clerk, Office of 
the General Counsel, Federal Emergency Management Agency, 500 C Street 
SW., Washington, DC 20472, (facsimile) 202-646-4536.

FOR FURTHER INFORMATION CONTACT: Laurence W. Zensinger, Response and 
Recovery Directorate, Federal Emergency Management Agency, 500 C Street 
SW., Washington, DC 20472, (202) 646-4262, (facsimile) 202-646-2730.

SUPPLEMENTARY INFORMATION: Financial assistance provided under the 
Disaster Housing Program is not currently exempt from garnishment. 
Financial assistance under the Individual and Family Grant (IFG) 
Program is exempt from garnishment as specified in 44 CFR 206.131(l). 
The purpose of financial assistance provided under the Disaster Housing 
Program is to aid the applicant in obtaining safe housing following a 
Presidentially declared disaster. When financial assistance provided to 
an applicant is garnished, the housing needs of the applicant remain 
unmet. Regulatory exemption from garnishment serves the intent of the 
Disaster Housing Program and this proposed rule would provide needed 
protection for applicants who are awarded assistance.

National Environmental Policy Act

    This proposed rule is categorically excluded from the requirements 
of 44 CFR Part 10, Environmental Consideration. No environmental impact 
assessment has been prepared.

Executive Order 12866, Regulatory Planning and Review

    This proposed rule would not be a significant regulatory action 
within the meaning of Sec. 2(f) of E.O. 12866 of September 30, 1993, 58 
FR 51735. To the extent possible this proposed rule would adhere to the 
regulatory principles set forth in E.O. 12866, but has not been 
reviewed by the Office of Management and Budget under the provisions of 
E.O. 12866.

Paperwork Reduction Act

    This proposed rule does not contain a collection of information 
requirement as described in section 3504(h) of the Paperwork Reduction 
Act.

Executive Order 12612, Federalism

    This proposed rule involves no policies that have federalism 
implications under E.O. 12612, Federalism, dated October 26, 1987.

Executive Order 12778, Civil Justice Reform

    This proposed rule meets the applicable standards of Sec. 2(b)(2) 
of E.O. 12778.

List of Subjects in 44 CFR Part 206

    Administrative practice and procedure, Disaster assistance, 
Housing.

    Accordingly, 44 CFR part 206 is proposed to be amended as follows:

PART 206--FEDERAL DISASTER ASSISTANCE FOR DISASTERS DECLARED ON OR 
AFTER NOVEMBER 23, 1988

Subpart D--Temporary Housing Assistance

    1. The authority citation for part 206 is proposed to be revised to 
read as follows:

    Authority: The Robert T. Stafford Disaster Relief and Emergency 
Assistance Act, 42 U.S.C. 5121 et seq.; Reorganization Plan No. 3 of 
1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329, 5 U.S.C. App. 1; E.O. 
12148, 44 FR 43239, 3 CFR, 1979 Comp., p. 412, as amended; and E.O. 
12673, 54 FR 12571, 3 CFR, 1989 Comp., p. 214.

    2. Section 206.101(g) is proposed to be amended to add introductory 
text to read as follows:
    (g) Forms of Temporary Housing Assistance. All proceeds received or 
receivable by the applicant under Sec. 206.101 shall be exempt from 
garnishment, seizure, encumbrance, levy, execution, pledge, attachment, 
release, or waiver. No rights under this provision are assignable or 
transferable.
* * * * *
    Dated: August 16, 1995.
Richard W. Krimm,
Associate Director, Response and Recovery.
[FR Doc. 95-20900 Filed 8-22-95; 8:45 am]
BILLING CODE 6718-02-P