                                   Overview 
   
   This fact sheet clarifies the eligibility of personal assistance services in congregate and transitional shelters under the Category B, Emergency Protective Measures provision of the Federal Emergency Management Agency's (FEMA) Public Assistance Program.  FEMA will reimburse eligible applicants' reasonable costs associated with the provision of personal assistance services for persons with disabilities in congregate and transitional shelters.   
   
   The Public Assistance Program and Applicants for Public Assistance grants must abide by all applicable authorities, including: Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §§ 12101, et seq.; 28 C.F.R. Part 35 (Title II, Department of Justice); the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121, et seq.; and 44 C.F.R. Part 206.  Applicants should also consult the FEMA Public Assistance Guide (FEMA 322), dated June 2007; FEMA Disaster Assistance Policy DAP9523.15, Eligible Costs Related to Evacuations and Sheltering, dated April 6, 2007; FEMA Disaster Assistance Policy DAP9521.3, Private Nonprofit (PNP) Facilities Eligibility, dated July 18, 2007; and FEMA Recovery Policy RP9525.7, Labor Costs-Emergency Work dated November 16, 2006 to determine eligibility requirements.
   Personal Assistance Services are formal and informal services usually provided by paid personnel, friends, family members and volunteers that enable children and adults to maintain their independence outside of an institutional setting.  In a congregate or transitional shelter, when the person that normally provides assistance is not available, personal assistance services will still be required in order to maintain the usual level of independence. These services may include:  care for oneself such as grooming, eating, bathing, toileting, dressing and undressing, walking, transferring (movement between cot and wheel chair); maintaining health and safety; and assistance taking medications, communicating, or accessing programs and services.
   
   Personal Assistance Services do not include the provision of:  wheel chairs, prescription eyeglasses, hearing aids, or readers for personal use or study.
    
                         Public Assistance Eligibility

   Eligible Applicants:  State, local, and tribal governments which provide personal assistance services in general population shelters (44 CFR §206.221 Definitions and §206.222 Applicant Eligibility).  State, local, and tribal governments may provide personal assistance services directly, or may contract (including through mutual aid agreements and memoranda of understanding) with other personal assistance service providers for such services.

                              Emergency Shelters
   
   If a State, local, or tribal government provides personal assistance services to individuals with disabilities in a congregate or transitional shelter, the cost to provide personal assistance services is considered part of the sheltering operation and the cost for both the facility and its operation are eligible.  Reimbursement for the costs of providing personal assistance services will terminate when Section 403 emergency sheltering operations end.
                           Eligible Sheltering Costs

   If the regular employees of an eligible applicant perform duties in direct support of personal assistance services, any overtime pay related to such duties is eligible for reimbursement.  However, the straight-time pay of these employees is not eligible.  Regular-time and overtime for contract labor, including mutual aid agreements, specifically hired to provide additional support required as a result of the disaster or emergency are eligible for reimbursement.  (See 44 CFR 206.228(a)(2) and FEMA Recovery Policy RP9525.7, Labor Costs-Emergency Work, for information related to eligible labor costs while performing emergency work).

	 
   
   
   					  ___________________________	_________
                                  Deborah Ingram			Date
                                                                     Assistant Administrator 
                                                                     Recovery Directorate


                              
