PART 38—DISASTER ASSISTANCE FOR CRISIS COUNSELING AND TRAINING Authority: Sec. 413, Pub. L. 93-288. The Disaster Relief Act of 1974, 88 Stat. 157, 42 U.S.C. 5183, E.O. 11795, 39 FR 25939, as amended by E.O. 11910, 41 FR 15681. Source: 41 FR 52052, Nov. 26, 1976, unless otherwise noted. § 38.1 Purpose; coordination. (a) Purpose. (1) Professional counseling services to victims of a major disaster in order to relieve mental health problems caused or aggravated by such a major disaster or its aftermath; and (2) Training of disaster workers to provide or assist in providing those professional counseling services. (b) Coordination. § 38.2 Definitions. All terms not defined herein shall have the same meaning as given them in the Act. As used in this part: (a) Act et seq. (b) Administrator (c) Contractor (d) Crisis (e) Disaster workers (f) Federal Coordinating Officer (g) Governor (h) Grantee (i) Major disaster (j) Regional Director (k) Secretary (l) State (m) State Coordinating Officer (n) Training § 38.3 Assistance; procedures, limitations. (a) Application. (1) An estimate of the number of disaster victims who may need professional mental health crisis counseling services and of the number of disaster workers who may need training in the provision of such services; (2) Identification of the geographical areas in which the need exists; (3) An estimate of the period during which assistance under this part will be required and of the total funds which will be required to provide such assistance; (4) A description of the types of mental health problems caused or aggravated by the major disaster or its aftermath; and (5) Identification of the State and local agencies and private mental health organizations capable of providing professional mental health crisis counseling to disaster victims or training of disaster workers. (b) Review, approval. (c) Eligibility for services. (i) Have been located within the designated major disaster area or have been a resident of such area at the time of the major disaster or its aftermath; and (ii) Have a mental health problem which was caused or aggravated by the major disaster or its aftermath. (2) Disaster workers who are available on short notice to provide professional mental health crisis counseling services in a major disaster area are eligible for training under this part. (d) Time limitation. § 38.4 Contracts. (a) Eligibility. (b) Use of local agencies. (c) General requirements. (d) Payments. (e) Reports. (1) Progress reports, to be submitted at the end of the first 30 days of the contract period and every 30 days therafter; (2) A final report to be submitted within 60 days of the date upon which the contract terminates; and (3) Such additional reports as the Secretary may prescribe including those which may be required to enable the Federal Coordinating Officer to carry out his functions. § 38.5 Grant assistance. (a) Eligibility. (b) Application. (1) A proposed plan for the provision of the services for which grant assistance is requested; (2) A proposed budget for the expenditure of the requested grant funds; and (3) Such other pertinent information and assurances as the Secretary may require. (c) Grant awards. (2) Within the limits of the funds advanced by the Administrator, the amount of any grant award shall be determined on the basis of the Secretary's estimate of the sum necessary to carry out the grant purpose. (3) 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 an approved application. (d) Other HHS regulations that apply. 2 CFR parts 200 and 300—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 42 CFR part 50, subpart D—Public Health Service grant appeals procedure 45 CFR part 16—Procedures of the Departmental Grant Appeals Board 45 CFR part 80—Nondiscrimination under programs receiving Federal assistance through the Department of Health and Human Services effectuation of Title VI of the Civil Rights Act of 1964 45 CFR part 81—Practice and procedure for hearings under part 80 of this title 45 CFR part 84—Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance 45 CFR part 86—Nondiscrimination on the basis of sex in education programs and activities receiving or benefiting from Federal financial assistance 45 CFR part 91—Nondiscrimination on the basis of age in HHS programs or activities receiving Federal financial assistance (e) Expenditure of grant funds. (f) Reports. [41 FR 52052, Nov. 26, 1976, as amended at 45 FR 57396, Aug. 28, 1980; 49 FR 38109, Sept. 27, 1984; 81 FR 3006, Jan. 20, 2016; 89 FR 80064, Oct. 2, 2024] § 38.6 Nondiscrimination. Attention is called to the requirements of 24 CFR 2205.13 relating to nondiscrimination on the grounds of race. religion, sex, color, age, economic status, or national origin in the provision of disaster assistance. § 38.7 Nonliability. Attention is called to section 308 of the Act (42 U.S.C. 5148) which provides that 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 Act. § 38.8 Criminal and civil penalties. Attention is called to section 317 of the Act (42 U.S.C. 5157) which provides: (a) Any individual who fraudulently or willfully misstates any fact in connection with a request for assistance under this Act shall be fined not more than $10,000 or imprisoned for not more than one year or both for each violation. (b) Any individual who knowingly violates any order or regulation under this Act shall be subject to a civil penalty of not more than $5,000 for each violation. (c) Whoever knowingly misapplies the proceeds of a loan or other cash benefit obtained under any section of this Act shall be subject to a fine in an amount equal to one and one half times the original principal amount of the loan or cash benefit. § 38.9 Federal audits. The Secretary, the Administrator, 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 part for the purpose of audit and examination.