Title 44 CFR 206.171

Federal Emergency Management Agency
legal assistance for qualified disaster
victims; or
(4) Any other arrangement the Regional Director deems appropriate.
The Associate Director shall coordinate with appropriate Federal agencies
and the appropriate national, state and
local bar associations, as necessary, in
the implementation of the disaster
legal services programs.
(d) In the event it is necessary for
FEMA to pay lawyers for the provision
of legal services under these regulations, the Regional Director, in consultation with State and local bar associations, shall determine the amount of
reimbursement due to the lawyers who
have provided disaster legal services at
the request of the Regional Director.
At the Regional Director’s discretion,
administrative costs of lawyers providing legal services requested by him
or her may also be paid.
(e) Provision of disaster legal services is confined to the securing of benefits under the Act and claims arising
out of a major disaster.
(f) Any disaster legal services shall
be provided in accordance with subpart
A of these regulations, Non-discrimination in disaster assistance.
§§ 206.165–206.170

[Reserved]

§ 206.171 Crisis counseling assistance
and training.
(a) Purpose. This section establishes
the policy, standards, and procedures
for implementing section 416 of the
Act, Crisis Counseling Assistance and
Training. FEMA will look to the Director, National Institute of Mental
Health (NIMH), as the delegate of the
Secretary of the Department of Health
and Human Services (DHHS).
(b) Definitions. (1) Assistant Associate
Director means the head of the Office of
Disaster Assistance Programs, FEMA;
the official who approves or disapproves a request for assistance under
section 416 of the Act, and is the final
appeal authority.
(2) Crisis means any life situation resulting from a major disaster or its
aftermath which so affects the emotional and mental equilibrium of a disaster victim that professional mental
health counseling services should be

§ 206.171

provided to help preclude possible damaging physical or psychological effects.
(3) Crisis counseling means the application of individual and group treatment procedures which are designed to
ameliorate the mental and emotional
crises and their subsequent psychological and behavioral conditions resulting from a major disaster or its
aftermath.
(4) Federal Coordinating Officer (FCO)
means the person appointed by the Associate Director to coordinate Federal
assistance in an emergency or a major
disaster.
(5) Grantee means the State mental
health agency or other local or private
mental health organization which is
designated by the Governor to receive
funds under section 416 of the Act.
(6) Immediate services means those
screening or diagnostic techniques
which can be applied to meet mental
health needs immediately after a
major disaster. Funds for immediate
services may be provided directly by
the Regional Director to the State or
local mental health agency designated
by the Governor, prior to and separate
from the regular program application
process of crisis counseling assistance.
(7) Major disaster means any natural
catastrophe (including any hurricane,
tornado, storm, high water, winddriven
water, tidal wave, tsunami, earthquake, volcanic eruption, landslide,
mudslide, snowstorm or drought), or,
regardless of cause, any fire, flood, or
explosion, in any part of the United
States, which in the determination of
the President causes damage of sufficient severity and magnitude to warrant major disaster assistance under
this Act to supplement the efforts and
available resources of States, local
governments, and disaster relief organizations in alleviating the damage,
loss, hardship, or suffering caused
thereby.
(8) Project Officer means the person
assigned by the Secretary, DHHS, to
monitor a crisis counseling program,
provide consultation, technical assistance, and guidance, and be the contact
point within the DHHS for program
matters.
(9) Regional Director means the director of a regional office of FEMA, or the

445

VerDate 112000

13:24 Oct 27, 2000

Jkt 190169

PO 00000

Frm 00445

Fmt 8010

Sfmt 8010

Y:\SGML\190169T.XXX

pfrm07

PsN: 190169T

§ 206.171

44 CFR Ch. I (10–1–00 Edition)

Disaster Recovery Manager, as the delegate of the Regional Director.
(10) Secretary means the Secretary of
DHHS or his/her delegate.
(11) State Coordinating Officer (SCO)
means the person appointed by the
Governor to act in cooperation with
the FCO.
(c) Agency policy. (1) It is agency policy to provide crisis counseling services, when required, to victims of a
major disaster for the purpose of relieving mental health problems caused
or aggravated by a major disaster or
its aftermath. Assistance provided
under this section is short-term in nature and is provided at no cost to eligible disaster victims.
(2) The Regional Director and Assistant Associate Director, in fulfilling
their responsibilities under this section, shall coordinate with the Secretary.
(3) In meeting the responsibilities
under this section, the Secretary or
his/her delegate will coordinate with
the Assistant Associate Director.
(d) State initiation of the crisis counseling program. To obtain assistance
under this section, the Governor or his/
her authorized representative must initiate an assessment of the need for crisis counseling services within 10 days
of the date of the major disaster declaration. The purpose of the assessment is to provide an estimate of the
size and cost of the program needed
and to determine if supplemental Federal assistance is required. The factors
of the assessment must include those
described in paragraphs (f)(2) (ii) and
(iii) and (g)(2) (iii) and (iv) of this section.
(e) Public or private mental health
agency programs. If the Governor determines during the assessment that because of unusual circumstances or serious conditions within the State or
local mental health network, the State
cannot carry out the crisis counseling
program, he/she may identify a public
or private mental health agency or organization to carry out the program or
request the Regional Director to identify, with the assistance of the Secretary, such an agency or organization.
Preference should be given to the extent feasible and practicable to those
public and private agencies or organi-

zations which are located in or do business primarily in the major disaster
area.
(f) Immediate services. If, during the
course of the assessment, the State determines
that
immediate
mental
health services are required because of
the severity and magnitude of the disaster, and if State or local resources
are insufficient to provide these services, the State may request and the Regional Director, upon determining that
State resources are insufficient, may
provide funds to the State, separate
from the application process for regular program funds (described at paragraph (g) of this section).
(1) The application must be submitted to the Regional Director no
later than 14 days following the declaration of the major disaster. This application represents the Governor’s
agreement and/or certification:
(i) That the requirements are beyond
the State and local governments’ capabilities;
(ii) That the program, if approved,
will be implemented according to the
plan contained in the application approved by the Regional Director;
(iii) To maintain close coordination
with and provide reports to the Regional Director; and
(iv) To include mental health disaster planning in the State’s emergency plan prepared under title II of
the Stafford Act.
(2) The application must include:
(i) The geographical areas within the
designated disaster area for which services will be provided;
(ii) An estimate of the number of disaster victims requiring assistance;
(iii) A description of the State and
local resources and capabilities, and an
explanation of why these resources
cannot meet the need;
(iv) A description of response activities from the date of the disaster incident to the date of application;
(v) A plan of services to be provided
to meet the identified needs; and
(vi) A detailed budget, showing the
cost of proposed services separately
from the cost of reimbursement for any
eligible services provided prior to application.
(3) Reporting requirements. The State
shall submit to the Regional Director:

446

VerDate 112000

13:24 Oct 27, 2000

Jkt 190169

PO 00000

Frm 00446

Fmt 8010

Sfmt 8010

Y:\SGML\190169T.XXX

pfrm07

PsN: 190169T

Federal Emergency Management Agency
(i) A mid-program report only when a
regular program grant application is
being prepared and submitted. This report will be included as part of the regular program grant application;
(ii) A final program report, a financial status report, and a final voucher
90 days after the last day of immediate
services funding.
(4) Immediate services program funding:
(i) Shall not exceed 60 days following
the declaration of the major disaster,
except when a regular program grant
application has been submitted;
(ii) May continue for up to 30 additional days when a regular program
grant application has been submitted;
(iii) May be extended by the Regional
Director, upon written request from
the State, documenting extenuating
circumstances; and
(iv) May reimburse the State for documented, eligible expenses from the
date of the occurrence of the event or
incurred in anticipation of and immediately preceding the disaster event
which results in a declaration.
(v) Any funds granted pursuant to an
immediate services program, paragraph (f) of this section, shall be expended solely for the purposes specified
in the approved application and budget,
these regulations, the terms and conditions of the award, and the applicable
principles prescribed in 44 CFR part 13.
(5) Appeals. There are two levels of
appeals. If a State submits appeals at
both levels, the first appeal must be
submitted early enough to allow the
latter appeal to be submitted within 60
days following the date of the funding
determination on the immediate services program application.
(i) The State may appeal the Regional Director’s decision. This appeal
must be submitted in writing within 60
days of the date of notification of the
application decision, but early enough
to allow for further appeal if desired.
The appeal must include information
justifying a reversal of the decision.
The Regional Director shall review the
material submitted, and after consultation with the Secretary, notify the
State, in writing within 15 days of receipt of the appeal, of his/her decision;
(ii) The State may further appeal the
Regional Director’s decision to the As-

§ 206.171

sistant Associate Director. This appeal
shall be made in writing within 60 days
of the date of the Regional Director’s
notification of the decision on the immediate services application. The appeal must include information justifying a reversal of the decision. The
Assistant Associate Director, or other
impartial person, shall review the material submitted, and after consultation with the Secretary and Regional
Director, notify the State, in writing,
within 15 days of receipt of the appeal,
of his/her decision.
(g) Regular program. (1) The application must be submitted by the Governor or his/her authorized representative to the Assistant Associate Director through the Regional Director, and
simultaneously to the Secretary no
later than 60 days following the declaration of the major disaster. This application represents the Governor’s
agreement and/or certification:
(i) That the requirements are beyond
the State and local governments’ capabilities;
(ii) That the program, if approved,
will be implemented according to the
plan contained in the application approved by the Assistant Associate Director;
(iii) To maintain close coordination
with and provide reports to the Regional Director, the Assistant Associate Director, and the Secretary; and
(iv) To include mental health disaster planning in the State’s emergency plan prepared under title II of
the Stafford Act.
(2) The application must include:
(i) Standard Form 424, Application
for Federal Assistance;
(ii) The geographical areas within the
designated disaster area for which services will be supplied;
(iii) An estimate of the number of
disaster victims requiring assistance.
This documentation of need should include the extent of physical, psychological, and social problems observed,
the types of mental health problems
encountered by victims, and a description of how the estimate was made;
(iv) A description of the State and
local resources and capabilities, and an
explanation of why these resources
cannot meet the need;

447

VerDate 112000

13:24 Oct 27, 2000

Jkt 190169

PO 00000

Frm 00447

Fmt 8010

Sfmt 8010

Y:\SGML\190169T.XXX

pfrm07

PsN: 190169T

§ 206.171

44 CFR Ch. I (10–1–00 Edition)

(v) A plan of services which must include at a minimum:
(A) The manner in which the program will address the needs of the affected population, including the types
of services to be offered, an estimate of
the length of time for which mental
health services will be required, and
the manner in which long-term cases
will be handled;
(B) A description of the organizational structure of the program, including designation by the Governor of
an individual to serve as administrator
of the program. If more than one agency will be delivering services, the plan
to coordinate services must also be described;
(C) A description of the training program for project staff, indicating the
number of workers needing such training;
(D) A description of the facilities to
be utilized, including plans for securing
office space if necessary to the project;
and
(E) A detailed budget, including identification of the resources the State
and local governments will commit to
the project, proposed funding levels for
the different agencies if more than one
is involved, and an estimate of the required Federal contribution.
(3) Reporting requirements. The State
shall submit the following reports to
the Regional Director, the Secretary,
and the State Coordinating Officer:
(i) Quarterly progress reports, as required by the Regional Director or the
Secretary, due 30 days after the end of
the reporting period. This is consistent
with 44 CFR 13.40, Monitoring and Reporting Program Performance;
(ii) A final program report, to be submitted within 90 days after the end of
the program period. This is also consistent with 44 CFR 13.40, Monitoring
and Reporting Program Performance;
(iii) An accounting of funds, in accordance with 44 CFR 13.41, Financial
Reporting, to be submitted with the
final program report; and
(iv) Such additional reports as the
Regional Director, Secretary, or SCO
may require.
(4) Regular program funding:
(i) Shall not exceed 9 months from
the date of the DHHS notice of grant
award, except that upon the request of

the State to the Regional Director and
the Secretary, the Assistant Associate
Director may authorize up to 90 days of
additional program period because of
documented
extenuating
circumstances;
(ii) The amount of the regular program grant award will take into consideration the Secretary’s estimate of
the sum necessary to carry out the
grant purpose.
(iii) Any funds granted pursuant to a
regular program, paragraph (g) of this
section, shall be expended solely for
the purposes specified in the approved
application and budget, these regulations, the terms and conditions of the
award, and the applicable cost principles prescribed in subpart Q of 45 CFR
part 92.
(5) Appeals. The State may appeal the
Assistant Associate Director’s decision, in writing, within 60 days of the
date of notification of the decision.
The appeal must include information
justifying a reversal of the decision.
The Assistant Associate Director, or
other impartial person, in consultation
with the Secretary and Regional Director, shall review the material submitted and notify the State, in writing
within 15 days of receipt of the appeal,
of his/her decision.
(h) Eligibility guidelines. (1) For services. An individual may be eligible for
crisis counseling services if he/she was
a resident of the designated major disaster areas or was located in the area
at the time of the disaster event and if:
(i) He/she has a mental health problem which was caused or aggravated by
the major disaster or its aftermath; or
(ii) He/she may benefit from preventive care techniques.
(2) For training. (i) The crisis counseling project staff or consultants to
the project are eligible for the specific
instruction that may be required to enable them to provide professional mental health crisis counseling to eligible
individuals;
(ii) All Federal, State, and local disaster workers responsible for assisting
disaster victims are eligible for general
instruction designed to enable them to
deal effectively and humanely with disaster victims.
(i) Assignment of responsibilities. (1)
The Regional Director shall:

448

VerDate 112000

13:24 Oct 27, 2000

Jkt 190169

PO 00000

Frm 00448

Fmt 8010

Sfmt 8010

Y:\SGML\190169T.XXX

pfrm07

PsN: 190169T

Federal Emergency Management Agency
(i) In the case of an immediate services program application, acknowledge
receipt of the request, verify (with assistance from the Secretary) that State
resources are insufficient, approve or
disapprove the State’s application, obligate and advance funds for this purpose, review appeals, make a determination (with assistance from the
Secretary), and notify the State;
(ii) In the case of a regular program
grant application:
(A) Acknowledge receipt of the request;
(B) Request the Secretary to conduct
a review to determine the extent to
which assistance requested by the Governor or his/her authorized representative is warranted;
(C) Considering the Secretary’s recommendation, recommend approval or
disapproval of the application for assistance under this section; and forward the Regional Director’s and Secretary’s recommendations and documentation to the Assistant Associate
Director;
(D) Assist the State in preliminary
surveys and provide guidance and technical assistance if requested to do so;
and
(E) Maintain liaison with the Secretary and look to the Secretary for
program oversight and monitoring.
(2) The Secretary shall:
(i) Provide technical assistance, consultation, and guidance to the Regional
Director in reviewing a State’s application, to a State during program implementation and development, and to
mental health agencies, as appropriate;
(ii) At the request of the Regional Director, conduct a review to verify the
extent to which the requested assistance is needed and provide a recommendation on the need for supplementary Federal assistance. The review must include:
(A) A verification of the need for
services with an indication of how the
verification was conducted;
(B) Identification of the Federal mental health programs in the area, and
the extent to which such existing programs can help alleviate the need;
(C) An identification of State, local,
and private mental health resources,
and the extent to which these resources can assume the workload with-

§ 206.171

out assistance under this section and
the extent to which supplemental assistance is warranted;
(D) A description of the needs; and
(E) A determination of whether the
plan adequately addresses the mental
health needs;
(iii) If the application is approved,
provide grant assistance to States or
the designated public or private entities;
(iv) If the application is approved,
monitor the progress of the program
and perform program oversight;
(v) Coordinate with, and provide program reports to, the Regional Director,
and the Assistant Associate Director;
(vi) Make the appeal determination,
for regular program grants, involving
allowable costs and termination for
cause as described in paragraph (j)(2) of
this section;
(vii) As part of the project monitoring responsibilities, report to the
Regional Director and Assistant Associate Director at least quarterly on the
progress of crisis counseling programs,
in a report format jointly agreed upon
by the Secretary and FEMA; provide
special reports, as requested by the Regional Director, FCO, or Assistant Associate Director;
(viii) Require progress reports and
other reports from the grantee to facilitate his/her project monitoring responsibilities;
(ix) Properly account for all Federal
funds made available to grantees under
this section. Submit to the Assistant
Associate Director, within 120 days of
completion of a program, a final accounting of all expenditures for the
program and return to FEMA all excess
funds. Attention is called to the reimbursement requirements of this part.
(3) The Assistant Associate Director
shall:
(i) Approve or disapprove a State’s
request for assistance based on recommendations of the Regional Director
and the Secretary;
(ii) Obligate funds and authorize advances of funds to the DHHS;
(iii) Request that the Secretary designate a Project Officer;
(iv) Maintain liaison with the Secretary and Regional Director; and
(v) Review and make determinations
on appeals, except for regular program

449

VerDate 112000

13:24 Oct 27, 2000

Jkt 190169

PO 00000

Frm 00449

Fmt 8010

Sfmt 8010

Y:\SGML\190169T.XXX

pfrm07

PsN: 190169T

§§ 206.172–206.180

44 CFR Ch. I (10–1–00 Edition)

appeals involving allowable costs and
termination for cause as described in
paragraph (j)(2) of this section, and notify the State of the decision.
(j) Grant awards. (1) Neither the approval of any application nor the award
of any grant commits or obligates the
United States in any way to make any
additional,
supplemental,
continuation, or other award with respect to
any approved application or portion of
any approved application.
(2) Several other regulations of the
DHHS apply to grants under this section. These include, but are not limited
to:
45 CFR part 16—DHHS grant appeals procedures
42 CFR part 50, subpart D—PHS grant appeals procedures
45 CFR part 74—Administration of grants
45 CFR part 75—Informal grant appeals procedures (indirect cost rates and other cost
allocations)
45 CFR part 80—Nondiscrimination under
programs receiving Federal assistance
through the DHHS (effectuation of Title VI
of the Civil Rights Act of 1964)
45 CFR part 81—Practice and procedure for
hearings under part 80
45 CFR part 84—Nondiscrimination on the
basis of handicap in federally assisted programs
45 CFR part 86—Nondiscrimination on the
basis of sex in federally assisted programs
45 CFR part 91—Nondiscrimination on the
basis of age in federally assisted programs
45 CFR part 92—Uniform administrative requirements for grants and cooperative
agreements to State and local governments

(k) Federal audits. The crisis counseling program is subject to Federal
audit. The Associate Director, the Regional Director, the FEMA Inspector
General, The Secretary, and the Comptroller General of the United States, or
their duly authorized representatives,
shall have access to any books, documents, papers, and records that pertain
to Federal funds, equipment, and supplies received under this section for the
purpose of audit and examination.
§§ 206.172–206.180

[Reserved]

§ 206.181 Use of gifts and bequests for
disaster assistance purposes.
(a) General. FEMA sets forth procedures for the use of funds made possible
by a bequest of funds from the late

Cora C. Brown of Kansas City, Missouri, who left a portion of her estate
to the United States for helping victims of natural disasters and other disasters not caused by or attributable to
war. FEMA intends to use the funds,
and any others that may be bequeathed
under this authority, in the manner
and under the conditions described
below.
(b) Purposes for awarding funds.
Money from the Cora Brown Fund may
only be used to provided for disasterrelated needs that have not been or
will not be met by governmental agencies or any other organizations which
have programs to address such needs;
however, the fund is not intended to replace or supersede these programs. For
example, if assistance is available from
another source, including the Individual and Family Grant program and
government-sponsored disaster loan assistance, then money from the Cora
Brown Fund will not be available to
the applicant for the same purpose.
Listed below are the general categories
of assistance which can be provided by
the Cora Brown Fund:
(1) Disaster-related home repair and
rebuilding assistance to families for
permanent housing purposes, including
site acquisition and development, relocation of residences out of hazardous
areas, assistance with costs associated
with temporary housing or permanent
rehousing (e.g., utility deposits, access,
transportation, connection of utilities,
etc.);
(2) Disaster-related unmet needs of
families who are unable to obtain adequate assistance under the Act or from
other sources. Such assistance may include but is not limited to: health and
safety measures; evacuation costs; assistance delineated in the Act or other
Federal, State, local, or volunteer programs; hazard mitigation or floodplain
management purposes; and assistance
to self-employed persons (with no employees) to reestablish their businesses;
and
(3) Other services which alleviate
human suffering and promote the well
being of disaster victims. For example,
services to the elderly, to children, or
to handicapped persons, such as transportation, recreational programs, provision of special ramps, or hospital or

450

VerDate 112000

13:24 Oct 27, 2000

Jkt 190169

PO 00000

Frm 00450

Fmt 8010

Sfmt 8010

Y:\SGML\190169T.XXX

pfrm07

PsN: 190169T