As of January 2013; Stafford Act 403(d)(1)(A) allows FEMA to reimburse local governments for costs relating to basic pay and benefits for permanent employees conducting emergency protective measures; if the work is not typically performed by the employees and the type of work may otherwise be carried out by contract or agreement with private organizations; firms; or individuals.44 C.F.R. 206.228; which implements Stafford Act 403; expressly prohibits reimbursement of basic pay for permanent employees performing emergency work. While Stafford Act 403(d) may allow reimbursement of certain costs; FEMA has exercised its discretionary authority to limit such funding. Consequently; certain costs claimed in PW 552 are ineligible under the PA Program.

California-Nevada Methodist Homes v. Fed. Emergency Mgmt. Agency; 152 F. Supp. 2d 1202; 1206-07 (N.D. Cal. 2001).RP 9525.7; Labor Costs – Emergency Work (Nov. 16; 2006).HeadnotesAs of January 2013; Stafford Act § 403(d)(1)(A) allows FEMA to reimburse local governments for costs relating to basic pay and benefits for permanent employees conducting emergency protective measures; if the work is not typically performed by the employees and the type of work may otherwise be carried out by contract or agreement with private organizations; firms; or individuals.44 C.F.R. § 206.228; which implements Stafford Act § 403; expressly prohibits reimbursement of basic pay for permanent employees performing emergency work. While Stafford Act § 403(d) may allow reimbursement of certain costs; FEMA has exercised its discretionary authority to limit such funding. Consequently; certain costs claimed in PW 552 are ineligible under the PA Program.