Notice of availability; request for comments. ACTION: Notice of availability. Only official editions of the Labor Costs | FEMA.gov Maui fire: Losses estimated in billions; first victims identified For unbudgeted employees performing Emergency Work, both straight-time and overtime labor costs are eligible. Applicants need to share effective documentation and tracking mechanisms with other communities to promote mutual awareness of proven organization tracking mechanisms. 2018) [hereinafter PAPPG]. better and aid in comparing the online edition to the print edition. FEMA also noted that work associated with these FAL costs did not lessen or eliminate an immediate threat to life, public health, or safety and, thus, the work was not eligible as emergency protective measures. [6] Permanent employees who are funded from an external source (e.g., by a grant from a Federal agency, statutorily dedicated funds, rate-payers, etc.) [3] The Applicant responded, providing payroll documentation, campus maps, and Public Health Orders.[4]. FEMA also noted that, although a moot issue, the Applicants documentation did not demonstrate the claimed FAL hours were associated with emergency protective measures related to the disaster, and instead listed generic terms such as Public Safety and Prepare Equipment to identify the claimed work. to work on specific non-disaster tasks may be paid for emergency work. Permanent Work: Straight-time and overtime labor costs are eligible for both budgeted and unbudgeted employees Budgeted Employees Hours Permanent employee Comments must be identified by docket ID FEMA-2010-0050 and may be submitted by one of the following methods: Federal eRulemaking Portal: http://www.regulations.gov. Adopting a standard method for organizing documents allows Applicants to find and identify the required documentation when requesting grant reimbursement for Emergency Protective Measures. has no substantive legal effect. Environmental & Historic Preservation Guidance, Real Estate, Lending or Insurance Professionals, State, Local, Tribal or Territorial Governments, National Incident Management System (NIMS), Integrated Public Alert & Warning System (IPAWS), Environmental Planning & Historic Preservation, Preparedness Activities, Research & Webinars, Faith-Based & Volunteer Partnership Resources, National Business Emergency Operations Center, essential employees called back to work during administrative leave to perform eligible emergency work. However, in a Determination Memorandum, FEMA denied the Applicants request for premium pay. [4] Email from Exec. Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. Please determine if the following documentation is enough to support eligibility or does not do so. Therefore, they are ineligible for PA funding. This distinguishes the two groups of labor for internal and external purposes. They are typically found with the fire and police departments. Acting Deputy Associate Administrator, Office of Policy and Program Analysis, Federal Emergency Management Agency. [2] On October 20, 2020, FEMA issued a Determination Memorandum, denying the claimed force account labor (FAL) costs as increased operating expenses ineligible for PA funding. The amount of time off, i.e., comp time, is determined by the number of hours the College was closed and will be awarded to those who worked their shift that day. 206.228(a)(2)(iii). the official SGML-based PDF version on govinfo.gov, those relying on it for Therefore, this appeal is denied, 44 C.F.R. FEMA uses the policies to assist in determining eligibility. A Call log is a list of calls a department was requested to respond to during an incident. . 206.228(a)(2)(iii) (stating the straight- or regular-time salaries and benefits of a grantees or applicants permanently employed personnel are not eligible in calculating the cost of eligible emergency protective measures, except for those costs associated with host state evacuation and sheltering); Public Assistance Program and Policy Guide, FP 104-009-2, at 24 (Apr. Document page views are updated periodically throughout the day and are cumulative counts for this document. The Applicants budgeted employees, deemed essential by a county judge, were required to report to work during the emergency closure. Georgenkirche Eisenach, Stadtkirche Weimar, Divi Blasii Mhlhausen. Register, and does not replace the official print version or the official These tools are designed to help you understand the official document FEMA 9524.2) indicates that removal of landslide debris from public and private property is authorized based on Section 407. The Applicant submitted supporting documentation with its request, including the predisaster labor agreement (Union Agreement), detailing pay policies for union employees from July 1, 2017 through June 30, 2020. Applicants often use call logs to document and track activities and link them to the event for reimbursement of Emergency Protective Measures. The FEMA Region V Acting Regional Administrator denied the appeal. please refer to the course: IS-1006 Documenting Disaster Damage and Developing Project Files. Although FEMA will consider any comments received in the drafting of the final policy, FEMA will not provide a response to comments document. for better understanding how a document is structured but Between February 11 and 21, 2021, a severe winter storm resulting in sub-freezing temperatures, snow, and ice caused damage throughout the state of Texas. FEMA has stated that the nature and scale of COVID-19 is beyond any prior Public Assistance event, and that expenses could be reviewed on a case-by-case basis to determine if they are appropriate for reimbursement. For medical care provided in a primary medical care facility, work must be directly related to the treatment of COVID-19 patients. [5] Letter from Exec. FEMA may provide Public Assistance funding for labor costs related to intermittent standby time for staff conducting eligible evacuation or sheltering, search and rescue, or emergency medical care. Recovery Policy, RP9525.7, Labor Costs-Emergency Work For Permanent Work (Category C-G), both straight-time and overtime labor costs are eligible for both budgeted and unbudgeted employees. Within the Applicant's labor policy or payroll policy, the documentation should discuss the types of labor at the Applicant's organization and the breakdown of their responsibilities. Authority: Written payroll policies help FEMA determine reimbursable costs. 2023 Bickerstaff Heath Delgado Acosta LLP. PREPAREDNESS Hospitals and other Private Non-Profits (PNP) can contract with an outside firm or individual to provide representation and advocacy on their behalf with FEMA. FEMA also found the Applicant had not demonstrated whether it followed its labor policy by requiring employees to remain at work only if they were previously designated to work during the emergency or were added to the list as necessary by way of an order from the county judge in accordance with the Applicants policy regarding emergency closures. FEMA provides grant funding for disaster response work in two categories: (1) Emergency Work and (2) Permanent Work. Regardless of the method used for submitting comments or material, all submissions will be posted, without change, to the Federal eRulemaking Portal at http://www.regulations.gov,, and will include any personal information you provide. For emergency work, only overtime labor is eligible for budgeted employees; straight-time labor for budgeted employees is not eligible for reimbursement. Trust for Children requests reimbursement for these increased costs in four areas: Government entities have the legal responsibility to provide Emergency Protective Measures in their communities, such as food distribution after a disaster. Comments must be received by September 13, 2010. FEMA also proposes to provide assistance for overtime for firefighters for up to 24 hours per day for the first two weeks after a disaster. The Ohio Emergency Management Agency (Grantee) forwarded the Applicants appeal letter with its supporting letter, reiterating the Applicants position and stating that campus facilities remained in use because essential employees were required to report in-person to work. In addition, the work performed by Trust for Children's temporary staff did not fall under any specific FEMA Public Assistance Category of Work (44 C.F.R. Document Drafting Handbook Another common mistake Applicants make when documenting Emergency Protective Measures activities, is not being able to tie labor hours to equipment. Here the Applicant has not substantiated through documentation, that the costs claimed are tied to the performance of eligible work. 42 U.S.C. [FR Doc. Force Account labor and contract labor costs are treated by FEMA differently. 1503 & 1507. PDF Summary of the FEMA Public Assistance Reimbursement Process for Docket: The proposed policy is available in docket ID FEMA-2010-0050. Document page views are updated periodically throughout the day and are cumulative counts for this document. . Public works employees tended to wells and lift station pumps and maintained generator power to pumps while power was lost. 206.225(a), 206.223(a)(1), 206.228(a)(2)(iii). A Notice by the Federal Emergency Management Agency on 08/13/2010. Changes to this final policy from the previous version are as follows: Additional authority cited in section V; the addition of a definitions section (section VII) to define terms used in the policy; revisions to the policy section (section VIII) that establish requirements for reimbursement based on predisaster labor policies; a clarification citing the authority for mutual aid agreements to which the Recipient/Subrecipient must comply; provides flexibility for reimbursement of costs for personnel that preposition assets prior to an event to support the performance of eligible emergency work; deletes standby time as an ineligible cost; and addresses the issue of 24-hour work shifts for firefighters and other personnel performing emergency work when supported and determined reasonable. . [3] FEMA generally determines the eligibility of overtime, premium pay, and compensatory time costs based on the applicants predisaster written labor policy. regulatory information on FederalRegister.gov with the objective of Here, the Applicant is requesting PA funding for comp time costs related to straight/regular time hours worked by budgeted employees who were required to report to work. Federal Register. Eliminate or lessen immediate threats of significant additional damage to improved public or private property in a cost-effective manner. 6/1) Special Flood Hazard Area Projects General Certification Forms. The Federal Emergency Management Agency (FEMA) is accepting comments on RP9525.7, Labor CostsEmergency Work. FEMA remains committed to providing support to meet emergency needs during the COVID- 19 pandemic, specifically those critical actions that are necessary to save lives and protect public health and safety. Emergency Management Agency ("FEMA") in accordance with Section 502 of the Stafford Act. An EOC may be a temporary facility or may be located in a more central or permanently established facility, perhaps at a higher level of organization within a jurisdiction. It is not an official legal edition of the Federal The 1993 regulation did not include emergency work accomplished under Section 502 (Federal Emergency Assistance) of The Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. First Appeal Applicants who submit insufficient call logs is one of the common mistakes jeopardizing grant funding for Emergency Protective Measures activities. In the aftermath of the deadly Maui wildfires, some social media users are. FEMA policy sets forth certain requirements that an applicants predisaster labor policy must meet, but as those are not at issue in this appeal, they are not addressed. 206.223(a)(3)). FEMA calls this the Fringe Rate - I often think of it as the "FEMA billing rate". While every effort has been made to ensure that [6], FEMA may provide assistance for emergency protective measures that eliminate or lessen immediate threats to lives, public health, or safety. More information and documentation can be found in our This site displays a prototype of a Web 2.0 version of the daily LockA locked padlock The Public Assistance Program and Policy Guide states that "costs related to pre-positioning resources specifically for the declared incident are eligible if the resources are used in the performance of eligible Emergency Work. Today, they address what costs are potentially reimbursable when making a Public Assistance claim. For complete information about, and access to, our official publications Biden Prepares to Visit Maui - The New York Times FEMA approved $34,192.21 for the Applicants overtime FAL and FAE costs to operate the EOC during the emergency closure period. All of the following criteria must be met: 5121-5207; 44 CFR part 206. [13] Id. Authority: FEMA's Public Assistance Program provides supplemental grants to state, tribal, . [6] Letter from Exec. Steady-state documentation can include: Other options include keeping a hard copy or online version of the above-mentioned documents: Note: For more information on documentation. Dir., Tri-C, to Pub. . - Section 502 Federal Emergency Assistance (page B-49) authorizes Direct Federal Aid for debris removal activities. Organizing documents also assists Applicants in other endeavors outside of acquiring grant funding from FEMA. Please submit your comments and any supporting material by only one means to avoid the receipt and review of duplicate submissions. FEMA found that the costs claimed for comp time were not eligible for PA funding as the costs were not associated with working overtime hours by budgeted employees. FEMA explained that only overtime labor is eligible for reimbursement when an Applicants permanent employees perform emergency work. 1. Seasonal employee working during normal season of employment, Essential employee called back from administrative leave, Permanent employee funded from external source, Temporary employee hired to perform eligible work, Seasonal employee working outside normal season of employment. One example of this best practice includes: An Applicant who applies for a Public Assistance grant should always separate Force Account and contract costs. legal research should verify their results against an official edition of Contractors may be identified through pre-existing or informal networks. on NARA's archives.gov. They all work on Emergency Protective Measures, After the incident, the Miami-Dade Police Department applies for reimbursement under Public Assistance Grant Program, FEMA provides a grant reimbursing all the hours worked by the contracted police officers, Inability to tie labor hours to equipment, Inability to document the type of work/activity conducted, Log information into a one-page work order with the hours worked, equipment used, and what work the personnel performed for every type of work, Description of the activity each personnel conducted, Number of hours personnel worked on each activity, Description of which personnel used the equipment and for how long, The Applicant used Force Account labor, equipment, and rental equipment from the public works and police department, The Applicant rented generators prior to the event to make sure the wells and lift station pumps retained power, The Applicant rented a pump prior to the event to reduce flooding at a pump station, The documentation provides the cost breakdown of the Force Account labor, equipment, and rental equipment, $22,642 for the food bank temporary staff, $47,630 for case management temporary staff, An undisclosed amount for equipment purchases for temporary staff, An undisclosed amount for security at facility where services are offered, Security for the facility where services are offered. Please also refer to the Public Assistance Program and Policy Guide for the definition of Emergency Protective Measures. A hard copy of the final policy may be viewed at the Office of the Chief Counsel, Federal Emergency Management Agency, Room 8NE, 500 C Street SW., Washington, DC 20472-3100. Please note that this proposed policy is not a rulemaking and the Federal Rulemaking Portal is being utilized only as a mechanism for receiving comments. The Applicant stated that because FEMA has previously accepted a portion of the claimed FAL as eligible, and because the Applicant applies premium pay to all eligible hours worked during the declared incident, FEMA should not regard the premium pay hours as straight-time hours. During the incident period of August 15 to September 23, flooding in Summit City and LaGrande caused an increase in the demand for the services provided by the private nonprofit organization Trust for Children. On October 14, 1993, FEMA published a regulation that made the force account labor straight-time salary for work under Sections 403 and 407 ineligible under the Public Assistance Program. . Unfortunately, Trust for Children was never designated as the responsible entity under a legal agreement. Despite the Applicants contention that comp time is a form of overtime, no overtime hours, or costs related to overtime hours, are claimed in the supporting documentation. For unbudgeted employees performing Emergency Work, both straight-time and overtime labor costs are eligible. The proposed and final policy, all related Federal Register Notices, and all public comments received during the comment period are available at http://www.regulations.gov under docket ID FEMA-2010-0050. March April - beginning a week before Easter and ending 2 . The Applicant appealed with support from the Texas Division of Emergency Management (Recipient). This site displays a prototype of a Web 2.0 version of the daily Under the alternative procedures authorized by Section 428 of the Stafford Act, if the Applicant opts to participate in the straight-time procedure for debris removal, straight-time labor costs are eligible for budgeted employees conducting eligible debris removal (Category A) activities. This is in response to your letter dated February 25, 2022, which transmitted the referenced second appeal on behalf of Cuyahoga Community College (Applicant). Emergency Management Institute | Independent Study Program (IS) Bach Festivals & Cantata Series. FEMA Public Assistance Private Property Debris Removal Factsheet (rev 7/7). McAllen, Texas 78501. Categories of Work, Public Assistance Program and Policy Guide Chapter 2, Section V. Cost Eligibility, Public Assistance Program and Policy Guide Chapter 2, Section VI B. On March 31, 2020, a major disaster was declared for the State of Ohio as a result of the ongoing Coronavirus Disease 2019 (COVID-19) pandemic. Dist., FEMA-4283-DR-FL, at 2 (Oct. 11, 2019) (where the requested costs were not incurred to pay straight- or regular-time salaries and benefits of permanently employed personnel performing emergency work, but rather were extraordinary costs paid for essential employees called back to work from administrative leave to perform eligible emergency work). A .gov website belongs to an official government organization in the United States. This determination is the final decision on this matter pursuant to 44 C.F.R. provide legal notice to the public or judicial notice to the courts. FEMA is authorized to provide PA for emergency protective measures necessary to save lives, protect public health and safety, and to protect improved property. A Force Account is an Applicant's internal or 'in-house' labor and equipment resources. rendition of the daily Federal Register on FederalRegister.gov does not Each document posted on the site includes a link to the A Notice by the Federal Emergency Management Agency on 12/14/2015. Free sign up - no placement fees. . [3] 44 C.F.R. FEMA guidance provides that all costs for Emergency Protective Measures must be[17]: FEMA determines reasonableness of costs[21] based on: [2] Permanent Work is defined by FEMA as [r]estorative work that must be performed through repairs or replacement to restore an eligible facility on the basis of its pre-disaster design and current applicable codes and standards. PAPPG at 162. Bach Festivals & Cantata Series: Thuringer Bachwochen Applicants need to use an effective mechanism to track their Emergency Protective Measures in order to obtain grant funding from the Public Assistance Grant Program. has no substantive legal effect. Find part-time or full-time Caregiver jobs: Local or International. For access to the docket to read background documents or comments received, go to the Federal eRulemaking Portal at http://www.regulations.gov and search for the docket ID. For Emergency Work (Category A-B), only overtime labor is eligible for budgeted employees. . Register, and does not replace the official print version or the official VP/Treasurer, Admin. The next five screens will take a closer look at cost eligibility for specific types of employees. Force Account Labor & Equipment Costs | FEMA.gov Register documents. Applicants have many options to organize their documents prior to an incident. The FEMA Region 6 Regional Administrator denied the appeal, determining that premium pay for straight-time FAL hours is not eligible for Public Assistance funding. Contract costs are associated with acquiring competitively procured contracted services. the material on FederalRegister.gov is accurately displayed, consistent with closed. Usually, the best option is uploading documents needed to procure grants to FEMA's Grants Portal prior to any incident occurring. The Grantee forwarded the Applicants second appeal letter with its letter of support emphasizing that the Applicant is requesting reimbursement for comp time not regular wages. On November 5, 2020, the Applicant submitted its first appeal. The level of effort required to perform an activity. This policy is effective November 19, 2015. publication in the future. [7] Robert T. Stafford Disaster Relief and Emergency Assistance Act 403(a)(3), Title 42, United States Code 5170b(a)(3) (2018); Title 44 Code of Federal Regulations (44 C.F.R.) 206.225(a)(3); PAPPG at 19 and 57. Federal Register provide legal notice to the public and judicial notice For complete information about, and access to, our official publications This PDF is The claimed FAL costs are neither associated with overtime labor costs nor are they extraordinary costs for essential employees called back to work during administrative leave to perform eligible emergency work. Federal Register. 206.206, Appeals. Conclusion Forecasters warn of life-threatening flooding as Hurricane Hilary, a dangerous Category 1 storm, roars towards the southwestern U.S. that agencies use to create their documents. For Emergency Work (Category A-B), only overtime labor is eligible for budgeted employees. FEMA should disallow $129,480 of ineligible costs. These can be useful Local governmental entities are strongly encouraged to track and document all costs related to COVID-19 that can be clearly differentiated from your normal operating expenses, because they may later be recognized as reimbursable. The City also rented a pump to reduce flooding at a pump station. FEMA Public Assistance--General Guidance and Forms - CT.gov [FR Doc. The Applicant appealed. Force Account Labor and Equipment Costs | FEMA.gov The ineligibility of straight-time salaries for emergency work under Section 502 is included as a provision of the FEMA-State Agreement. PDF Jefferson Parish, Louisiana, Generally Accounted For and Expended FEMA Overtime pay for Supervisors can be reimbursable. Common Applicant mistakes in which documentation and tracking do not meet requirements for reimbursement include: Applicants who submit incomplete timesheets is one of the most common mistakes preventing them from meeting the documentation requirements for Emergency Protective Measures. About the Federal Register For example: Contract labor is labor performed by contracted forces (labor performed due to enforceable provisions of a contract).