Chapter 6 › XII–XIII. Prisoners and National Guard

Can we claim costs for prison work crews or National Guard support?

FEMA term

Prisoner labor; National Guard State Active Duty

Short answer

Prison labor is eligible at the rate you normally pay prisoners, plus transport and extraordinary security, food and lodging. National Guard on State Active Duty is eligible for regular time, overtime, benefits and per diem; Guard under federal (Title 32 or Title 10) status is not.

What FEMA requires

Prisoners: pay at your normal prisoner rate; transportation to and from the worksite and extraordinary security, food and lodging costs are eligible.
National Guard on State Active Duty performing eligible work: straight time, overtime, fringe and per diem are eligible.
Title 32 and Title 10 personnel and other Department of Defense-funded costs are ineligible.

Documentation

For prison labor on large projects: the prison’s labor policy, names, locations, dates, hours, pay rate and daily activity logs. Source: PAPPG Table 17.

Watch out · Govstar practitioner advice

Confirm the Guard activation order says State Active Duty. A change to Title 32 status mid-incident changes who pays.

Govstar summarizes FEMA’s Public Assistance Program and Policy Guide in plain language and links to the official text. Govstar is independent and not affiliated with FEMA. This is general guidance, not legal advice.