The Federal
Emergency Management Agency (FEMA) by its terms only provides assistance to
individuals, homeowners, and nonprofit organizations, including governments.
The FEMA statute and regulations refer businesses to the Small Business
Administration (SBA) for disaster relief assistance. The SBA statute and
regulations provides a framework of low or no-interest loans and loan
guarantees to eligible businesses. Businesses can also lobby for direct
financial assistance outside of FEMA and the SBA.
FEMA has
the authority to provide direct and financial assistance to individuals,
homeowners, and governments, including the provision of financial assistance
for temporary housing, subsistence, and medical concerns. The award of
financial and direct assistance under FEMA is largely a discretionary matter.
Therefore, maximizing financial recovery and direct assistance requires not
only legal experience, but also extensive knowledge of and contact throughout
the federal, state, and local political systems.
Our
attorneys have extensive legal experience and several contacts at all levels
that allow us to assist individuals, homeowners, and governments with
navigating the FEMA process and maximize recovery under FEMA's programs. We
link clients with a variety of recovery agencies that administer programs and
restoration missions. To that end, our personnel are highly familiar with the National
Response Framework (NRF), the National Incident Management System (NIMS), and
the various Emergency Support Functions (ESFs) that are boosted following an
incident of national significance or a major natural disaster.
Our
attorneys are experienced in assisting businesses with obtaining loans and loan
guarantees from the SBA. We are familiar with the application of the SBA legal
regime to disaster relief, and we know the ins and outs of FEMA and SBA
statutes and regulations. Members of our Washington, D.C. office have working
relationships with representatives of the SBA, which helps develop and advocate
a business claim within that organization. In addition to business claims, our
attorneys can also facilitate claims made by a company's employees.
Our Washington, D.C. office has been consulted
on disaster relief legislation and has worked directly with the Louisiana
delegation on legislation that provided direct assistance to affected businesses
outside of the FEMA and SBA frameworks. Jones Walker's attorneys can also
facilitate business equipment, logistical, and other special needs through a
partnership established by FEMA. Once a need is established, we work with FEMA
to match a request with donor businesses and organizations.
