[Federal Register Volume 61, Number 39 (Tuesday, February 27, 1996)]
[Rules and Regulations]
[Page 7224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4416]



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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: Final rule.

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

EFFECTIVE DATE: March 28, 1996.

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. This final rule provides needed protection 
for applicants who are awarded assistance.
    FEMA previously published this as a proposed rule (69 FR 43740, 
August 23, 1995), inviting comments. We received one brief postcard 
comment in support of the proposed rule. We are publishing the final 
rule with no changes from what we published in the proposed rule.

National Environmental Policy Act

    This final 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 final rule is not 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 final rule adheres to the regulatory 
principles set forth in E.O. 12866, but it has not been reviewed by the 
Office of Management and Budget under the provisions of E.O. 12866.

Paperwork Reduction Act

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

Executive Order 12778, Civil Justice Reform

    This final 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 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 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 amended to add introductory text to read 
as follows:


Sec. 206.101  Temporary housing assistance.

* * * * *
    (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: February 20, 1996.
William C. Tidball,
Associate Director, Response and Recovery.
[FR Doc. 96-4416 Filed 2-26-96; 8:45 am]
BILLING CODE 6718-02-P