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Second Appeal Brief
PA ID# XXX-XXXXX; Victory Temple Worship Center
PW ID# N/A; Private Nonprofit (PNP) Facility Eligibility
Citation: FEMA-1436-DR-MS, Victory Temple Worship Center
Cross Ref: Public Nonprofit (PNP) Facility Eligibility
Summary: Victory Temple Worship Center, a religious-based private nonprofit, applied for public assistance after sustaining damages to its church building during Hurricane Isidore in September, 2002. Region IV determined that the applicant was not eligible for public assistance because its facilities were not primarily used for eligible secular services as defined in 44 CFR §206.221(e). The applicant was subsequently denied an SBA loan for lack of repayment ability.
The applicant appealed Region IVs decision on December 17, 2002, claiming that, as a religious organization, denial of assistance constituted a violation of President Bushs Executive Order 13279 Equal Protection of the Laws for Faith-Based and Community Organizations. Region IV denied the applicants appeal on January 28, 2003, because the applicant did not provide evidence, as requested, that its facilities were primarily used for eligible secular services.
The applicants second appeal, dated March 14, 2003, asserted that denial of assistance was inconsistent with Federal law, regulation, policy, and Executive Order 13279.
Issues: Is the applicant eligible for public assistance under the Stafford Act, Title 44 of the Code of Federal Regulations, and Executive Order 13279?
Findings: No. Under the Stafford Act, 44 CFR §206.221, and Recovery Division Policy #9521.3, the applicant is not eligible for public assistance because its facilities are not primarily used for eligible secular services. FEMAs policy on private non-profit facility eligibility is in compliance with Executive Order 13279.
Rationale: 44 CFR 206.221(e) and Recovery Division Policy #9521.3.