FEMA determines the eligibility of compensatory time costs based on the applicant’s predisaster written labor policy, provided the policy: 1) does not include a contingency clause that payment is subject to Federal funding; 2) is applied uniformly regardless of a Presidential declaration; and 3) has set non-discretionary criteria for when the applicant activates various pay types. If these requirements are not met, FEMA limits PA funding to the applicant’s non-discretionary, uniformly applied pay rates. Under the Applicant’s predisaster written labor policies, its Chief Executive Officer is solely responsible for administrating the policies and determining supplemental overtime compensation paid to an employee contingent upon the employee’s performance and service. Therefore, because the Applicant’s labor policies are discretionary, its FAL costs are ineligle for PA reimbursement.

The predisaster written labor policies are discretionary and, accordingly, the FAL costs claimed are ineligible for PA funding. Therefore, this second appeal is denied.

Stafford Act § 403(a). 44 C.F.R. §§ 206.225(a), 206.228(a)(2)(iii). PAPPG, at 23-24.