[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR312.5]



[Page 566-567]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 312_USE OF CIVIL DEFENSE PERSONNEL, MATERIALS, AND FACILITIES FOR 

NATURAL DISASTER PURPOSES--Table of Contents

 

Sec. 312.5  Personnel.



    FEMA contributes to the development and support of emergency 

management organizations in the States and their political subdivisions, 

and to the development, operation, and maintenance of specific programs, 

through payment of salaries and benefits of State and local civil 

defense staff, and the payment of administrative expenses and travel, 

not to exceed 50 percent. FEMA also provides contributions for training 

and education expenses. The following use of such personnel for natural 

disaster purposes is allowable provided that such usage is consistent 

with, contributes to, and does not detract from attack-related civil 

defense preparedness:

    (a) In developing, maintaining, testing and exercising plans, 

systems, and procedures for the protection of people and property from 

the effects of attack-related disasters, States and their political 

subdivisions may include and provide for natural disasters.

    (b) Personnel supported in part through contributions under the Act 

may be assigned responsibilities for preparation for and response to 

natural disasters in any specific emergency occurring in a State or its 

political subdivisions as determined by the responsible State or local 

officials, respectively.

    (c) Personnel supported in whole under the Act, may be assigned to 

emergency response operations for 15 days at the discretion of State 

officials; approval of the FEMA Regional Director is required for the 

use of these personnel in excess of 15 days. An assignment to emergency 

response operations does not preclude the accomplishment of program work 

and objectives. Failure to accomplish such work may subject the State to 

the withholding of funds contributed under the



[[Page 567]]



Act, or to collection of funds already obligated, not to exceed the 

estimated cost of the work not performed, as determined by the Regional 

Director.

    (d) In the event of an emergency or major disaster declared under 

the Disaster Relief Act of 1974, as amended, personnel will not be 

provided overtime compensation and expenses under the Act.