44 Cfr 206.8

§ 206.7

44 CFR Ch. I (10–1–02 Edition)

agencies to donate or loan their equipment and supplies to State and local
governments for use and distribution
by them for the purposes of the Stafford Act.
(b) A donation or loan may include
equipment and supplies determined
under applicable laws and regulations
to be surplus to the needs and responsibilities of the Federal Government.
The State shall certify that the surplus
property is usable and necessary for
current disaster purposes in order to
receive a donation or loan. Such a donation or loan is made in accordance
with procedures prescribed by the General Services Administration.
§ 206.7 Implementation of assistance
from other Federal agencies.
All directives, known as mission assignments, to other Federal agencies
shall be in writing, or shall be confirmed in writing if made orally, and
shall identify the specific task to be
performed and the requirements or criteria to be followed. If the Federal
agency is to be reimbursed, the letter
will also contain a dollar amount
which is not to be exceeded in accomplishing the task without prior approval of the issuing official.
§ 206.8 Reimbursement of other Federal agencies.
(a) Assistance furnished under § 206.5
(a) or (b) of this subpart may be provided with or without compensation as
considered appropriate by the Associate Director or Regional Director.
(b) The Associate Director or the Regional Director may not approve reimbursement of costs incurred while performing work pursuant to disaster assistance authorities independent of the
Stafford Act.
(c) Expenditures eligible for reimbursement. The Associate Director or the Regional Director may approve reimbursement of the following costs which
are incurred in providing requested assistance.
(1) Overtime, travel, and per diem of
permanent Federal agency personnel.
(2) Wages, travel, and per diem of
temporary Federal agency personnel
assigned solely to performance of services directed by the Associate Director
or the Regional Director in the major

disaster or emergency area designated
by the Regional Director.
(3) Travel and per diem of Federal
military personnel assigned solely to
the performance of services directed by
the Associate Director or the Regional
Director in the major disaster or emergency area designated by the Regional
Director.
(4) Cost of work, services, and materials procured under contract for the
purposes of providing assistance directed by the Associate Director or the
Regional Director.
(5) Cost of materials, equipment, and
supplies (including transportation, repair, and maintenance) from regular
stocks used in providing directed assistance.
(6) All costs incurred which are paid
from trust, revolving, or other funds,
and whose reimbursement is required
by law.
(7) Other costs submitted by an agency with written justification or otherwise agreed to in writing by the Associate Director or the Regional Director
and the agency.
(d) Procedures for reimbursement. Federal agencies performing work under a
mission assignment will submit requests for reimbursement, as follows:
(1) Federal agencies may submit requests for reimbursement of amounts
greater than $1,000 at any time. Requests for lesser amounts may be submitted only quarterly. An agency shall
submit a final accounting of expenditures after completion of the agency’s
work under each directive for assistance. The time limit and method for
submission of reimbursement requests
will be stipulated in the mission assignment letter.
(2) An agency shall document its request for reimbursement with specific
details on personnel services, travel,
and all other expenses by object class
as specified in OMB Circular A–12 and
by any other subobject class used in
the agency’s accounting system. Where
contracts constitute a significant portion of the billings, the agency shall
provide a listing of individual contracts and their associated costs.
(3) Reimbursement requests shall cite
the specific mission assignment under
which the work was performed, and the

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Federal Emergency Management Agency
major disaster or emergency identification number. Requests for reimbursement of costs incurred under more
than one mission assignment may not
be combined for billing purposes.
(4) Unless otherwise agreed, an agency shall direct all requests for reimbursement to the Regional Director of
the region in which the costs were incurred.
(5) A Federal agency requesting reimbursement shall retain all financial
records, supporting documents, statistical records, and other records pertinent to the provision of services or use
of resources by that agency. These materials shall be accessible to duly authorized representatives of FEMA and
the U.S. Comptroller General, for the
purpose of making audits, excerpts,
and transcripts, for a period of 3 years
starting from the date of submission of
the final billing.
§ 206.9 Nonliability.
The Federal Government shall not be
liable for any claim based upon the exercise or performance of, or the failure
to exercise or perform a discretionary
function or duty on the part of a Federal agency or an employee of the Federal Government in carrying out the
provisions of the Stafford Act.
§ 206.10 Use of local firms and individuals.
In the expenditure of Federal funds
for debris removal, distribution of supplies, reconstruction, and other major
disaster or emergency assistance activities which may be carried out by
contract or agreement with private organizations, firms, or individuals, preference shall be given, to the extent feasible and practicable, to those organizations, firms, and individuals residing
or doing business primarily in the area
affected by such major disaster or
emergency. This shall not be considered to restrict the use of Department
of Defense resources in the provision of
major disaster assistance under the
Stafford Act.
§ 206.11 Nondiscrimination in disaster
assistance.
(a) Federal financial assistance to
the States or their political subdivisions is conditioned on full compliance

§ 206.12

with 44 CFR part 7, Nondiscrimination
in Federally-Assisted Programs.
(b) All personnel carrying out Federal major disaster or emergency assistance functions, including the distribution of supplies, the processing of
the applications, and other relief and
assistance activities, shall perform
their work in an equitable and impartial manner, without discrimination on
the grounds of race, color, religion, nationality, sex, age, or economic status.
(c) As a condition of participation in
the distribution of assistance or supplies under the Stafford Act, or of receiving assistance under the Stafford
Act, government bodies and other organizations shall provide a written assurance of their intent to comply with
regulations relating to nondiscrimination.
(d) The agency shall make available
to employees, applicants, participants,
beneficiaries, and other interested parties such information regarding the
provisions of this regulation and its applicability to the programs or activities conducted by the agency, and
make such information available to
them in such manner as the head of the
agency finds necessary to apprise such
persons of the protections against discrimination assured them by the Act
and this regulation.
§ 206.12 Use and coordination of relief
organizations.
(a) In providing relief and assistance
under the Stafford Act, the FCO or Regional Director may utilize, with their
consent, the personnel and facilities of
the American National Red Cross, the
Salvation Army, the Mennonite Disaster Service, and other voluntary organizations in the distribution of medicine, food, supplies, or other items, and
in the restoration, rehabilitation, or
reconstruction of community services
and essential facilities, whenever the
FCO or Regional Director finds that
such utilization is necessary.
(b) The Associate Director is authorized to enter into agreements with the
American Red Cross, The Salvation
Army, the Mennonite Disaster Service,
and other voluntary organizations engaged in providing relief during and
after a major disaster or emergency.
Any agreement shall include provisions

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