Legal Minute: January 20

FEMA Second Appeals

- Category: Immediate Threat
- Disaster 4522: COVID-19 Pandemic / Maine (Jan. 20, 2020 – May11, 2023)
- Conclusion: The Applicant’s claimed labor costs are not directly tied to the performance of eligible work. Therefore, this appeal is denied.

- Category: Improved Project, Change in Scope of Work
- Disaster 1604: Hurricane Katrina / Mississippi (Aug. 29 – Oct. 14, 2005)
- Conclusion: FEMA’s finds the Applicant has not provided documentation substantiating the additional costs are associated with work required to restore the Facility to its predisaster condition. Therefore, this appeal is denied.

- Category: Immediate Threat, Force Account Labor & Equipment Costs
- Disaster 4480: COVID-19 Pandemic / New York (Jan. 20, 2020 – May11, 2023)
- Conclusion: The Applicant did not directly tie the requested costs to the performance of eligible emergency protective measures in response to COVID-19. Therefore, this appeal is denied.

OIG Reports

None posted in the last week
- Last report issued 9/24/2025 – OIG 25-45 – FEMA Adequately Managed Port Security Grants, but Program Effectiveness Remains Unevaluated

CBCA Decisions

- Decision: On January 6, 2026, the applicant sought dismissal of this arbitration request pursuant to Board Rule 610 (48 CFR 6106.610 (2024)) (“An applicant may move for voluntary dismissal.”). The arbitration is dismissed. (Kullberg)

Federal Register Rules, Proposed Rules, Notices or Presidential Documents by FEMA

Title 44 Chapter I

None posted in the last week
- Last published 11/1/2024 – National Flood Insurance Program Installment Payment Plan

- - Summary: The National Flood Insurance Program (NFIP) is a voluntary program in which interested persons can purchase flood insurance for their property, if it is located in a community that participates in the NFIP by adopting and enforcing a set of minimum floodplain management requirements to reduce future flood damages. FEMA is revising the NFIP’s regulations to offer NFIP policyholders the option of paying their annual flood insurance premium in monthly installments This rule is effective December 31, 2024.

Title 2 Subtitle A Chapter 11

None posted in the last week
Last published 7/16/2018 – National Flood Insurance Program (NFIP): Conforming Changes To Reflect the Biggert-Waters Flood Insurance Reform Act of 2012 (BW-12) and the Homeowners Flood Insurance Affordability Act of 2014 (HFIAA), and Additional Clarifications for Plain Language – https://www.federalregister.gov/documents/2018/07/16/2018-13292/national-flood-insurance-program-nfip-conforming-changes-to-reflect-the-biggert-waters-flood

Summary: The National Flood Insurance Program (NFIP), established pursuant to the National Flood Insurance Act of 1968, as amended, is a voluntary program in which participating communities adopt and enforce a set of minimum floodplain management requirements to reduce future flood damages. This proposed rule would revise the NFIP’s implementing regulations to codify certain provisions of the Biggert-Waters Flood Insurance Reform Act of 2012 and the Homeowner Flood Insurance Affordability Act of 2014 that FEMA has already implemented and to clarify certain existing NFIP rules relating to NFIP operations and the Standard Flood Insurance Policy.