The Applicant has not demonstrated that it is an eligible PNP applicant because it does not own or operate an eligible PNP facility. Appeal Letter SENT VIA EMAIL Kevin Guthrie Director Florida Division of Emergency Management 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Tracy Kamen Director of Institutional Giving Global Empowerment Mission 1850 NW 84th Ave. Doral, FL 33126 Re: Second Appeal – Global Empowerment Mission, PA ID: 086-U5QHY-00, FEMA-4673-DR-FL, Request for Public Assistance, Application Procedures, Private Nonprofit (PNP) Dear Director Guthrie and Director Kamen: This is in response to the Florida Division of Emergency Management’s (Recipient’s) letter dated May 6, 2024, which transmitted the referenced second appeal on behalf of Global Empowerment Mission (Applicant). The Applicant is appealing the U.S. Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of its Request for Public Assistance. As explained in the enclosed analysis, I have determined the Applicant has not demonstrated that it is an eligible PNP applicant because it does not own or operate an eligible PNP facility. Therefore, this appeal is denied. This determination is the final decision on this matter pursuant to 44 C.F.R. § 206.206, Appeals. Sincerely, /S/ Robert Pesapane Division Director Public Assistance Division Enclosure cc: Robert D. Samaan Regional Administrator FEMA Region 4 Appeal Analysis Background From September 23 to November 4, 2022, Hurricane Ian impacted Florida with strong winds, storm surge, and heavy rain that caused major flooding.[1] Global Empowerment Mission (Applicant) is a Private Nonprofit (PNP) organization with its headquarters (Headquarters) in Doral, Florida. The Applicant secures donations and purchases emergency aid to be distributed to affected communities worldwide. These donations include non-perishable food, bedding, mattresses, and building materials used for emergency repairs. During the first two weeks after Hurricane Ian made landfall, the Applicant processed, packaged, and shipped donated supplies from its Headquarters to disaster survivors. However, to reduce shipping costs and more effectively provide aid closer to the affected community, on October 26, 2022, it leased a temporary warehouse in Fort Myers, Florida. On November 21, 2022, the Applicant submitted a Request for Public Assistance (RPA), listing its temporary warehouse as its facility and seeking funds for the reimbursement of costs associated with the storage and distribution of food and expenses for food, fuel, forklifts, warehouse rent, utilities, trucks, logistics freight, transportation of drywall, rental cars, and stock supplies. It also claimed program management expenses including temporary, reassigned, and contract employees, and volunteer labor costs. On January 18, 2023, FEMA issued a Determination Memorandum denying the Applicant’s RPA, stating that it did not show it owned or operated an eligible PNP facility that provided eligible services at the time of the incident. First Appeal The Applicant appealed FEMA’s determination on March 12, 2023. The Applicant asserted that it owned and operated an eligible PNP facility at the time of the disaster, pointing to its Headquarters, established prior to the disaster. Further, it contended that it provided noncritical, but essential social services through direct distribution and in partnership with a food bank, including food assistance, emergency aid supplies (e.g., family necessity kits, hygiene kits, blankets, mold remediation kits, and mattresses), and materials necessary to rebuild or repair buildings (e.g., wood, drywall, and roofing materials). In a letter dated April 11, 2023, the Recipient forwarded the appeal to FEMA with its support. On October 18, 2023, FEMA transmitted a Request for Information (RFI) asking the Applicant to (1) substantiate specific eligible services provided at its Headquarters, (2) detail the primary use of the Headquarters, and (3) provide documentation substantiating it operated a food bank. On November 9, 2023, the Applicant responded to FEMA’s RFI and stated that its mission was to deliver humanitarian aid and provide long-term recovery assistance to communities affected by disasters around the world. Further, the Applicant stated its Headquarters is accessible to the public through front office staff, who answer questions and provide a list of available resources, but it clarified that it does not distribute aid from this site. Rather, at its Headquarters, aid is received and processed into a management system to allow tracking of all donated goods, which is then sorted, packaged, and stored for use in regional disasters; it is also used for volunteer assembly and storage of family necessity kits. This aid is made available at distribution sites throughout the communities affected by disasters. Lastly, the Applicant stated it partnered with local food banks at its Headquarters and in affected areas but did not operate a food bank. It stated that it collected, stored, and packaged food items for future distribution. On January 8, 2024, the FEMA Region 4 Regional Administrator denied the Applicant’s appeal, finding the Applicant had not demonstrated it owned or operated an eligible PNP facility because its Headquarters was not open to the public and only provided logistical efforts for donated supplies. Thus, FEMA found it did not meet the requirements for an eligible PNP facility. Second Appeal On February 2, 2024, the Applicant submitted its second appeal, reiterating previous arguments.[2] On May 6, 2024, the Recipient forwarded the second appeal with its support. Discussion To be eligible for Public Assistance (PA) funding, a PNP applicant must own or operate an eligible facility.[3] An eligible PNP facility includes one that provides a noncritical, but essential social service and provides that service to the general public, such as food assistance programs, including food banks and storage of food for food banks.[4] With exception of custodial care facilities and museums, administrative and support facilities essential to the provision of a PNP noncritical service are ineligible facilities.[5] Here, the Applicant states the services provided at its Headquarters may be categorized as a food assistance program. However, the record does not demonstrate that it provided this service. Although the Applicant states that it “serves the role of a food shelf: a nonprofit organization that collects, stores, packages, and gives away food to people in need,” [6] the Applicant has neither provided documentation that shows its Headquarters stored food to be used by a food bank nor that it operated as a food bank. Rather, the Applicant’s own statements establish that its Headquarters serves as an administrative and support facility that accepts, processes, tracks, packages, allocates, and stores donated supplies for use in regional disasters at distribution sites.[7]As administrative and support facilities essential to the provision of PNP noncritical services are generally ineligible under the PA Program, the Headquarters is not an eligible facility.[8] Additionally, the Applicant’s documentation does not establish that its Headquarters meets the requirement of serving the general public, as aid is not distributed at the facility; the facility is instead used as, among other items, a storage facility.[9] Thus, the Applicant has not demonstrated that it owns or operates an eligible PNP facility.[10] As such, the Applicant is not an eligible PNP applicant. [11] Conclusion