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.

: While Stafford Act § 403(d) permits reimbursement of basic pay for permanent employees performing emergency protective measures, FEMA has limited funding for such costs through 44 C.F.R. § 206.228(a)(2)(iii). Therefore, basic pay and benefits for the Applicant’s permanent employees performing emergency protective measures is not eligible for PA funding.

Stafford Act §§ 305, 321, 403(d). 44 C.F.R. § 206.228(a)(2)(iii). 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).