Appeals, Immediate Threat

Appeals

HEADNOTES

The applicant must submit a written appeal to the recipient within 60 days of receiving written notification of FEMA’s determination. The Applicant provides emails showing the Applicant submitted the first appeal to the Recipient within the 60-day regulatory timeframe. Costs associated with health and safety communications, EOCs and training for proper use of personal protective equipment are eligible. FEMA policy expressly cites COVID-19 contact tracing as an example of the type of work FEMA will not reimburse through the PA program. The Applicant provided documentation demonstrating that it communicated COVID-19 health information to the public and performed EOC work, and N95 fit testing is eligible. Contact tracing is not included as an eligible emergency protective measure to respond to COVID-19 in any of FEMA’s COVID-19 policies.

CONCLUSION

The Applicant demonstrated that the first appeal was timely submitted within the 60-day regulatory timeframe and $35,628.71 is eligible for health communications, EOC costs and N95 mask fit testing. However, the $2,702.89 in contact tracing is not an eligible emergency protective measure. Therefore, the appeal is partially granted.

AUTHORITIES

Stafford Act §§ 403, 423. 44 C.F.R. §§ 206.206(c)(1), (c)(2), 206.225. O&O Policy, at 4-6. FEMA Fact Sheets COVID-19 Coordinating Public Assistance and Other Sources of Federal Funding, at 1, and Eligible Emergency Protective Measures. PAPPG, at 58, 62, 145-146. Rensselaer County, FEMA-4480-DR-NY, at 2.

44 C.F.R. §§ 206.206(c)(1), (c)(2), 206.225
Appeals, Immediate Threat