Release date: April 12, 2020
Release Number: FEMA Policy FP 104-010-03
Under the President’s March 13, 2020, COVID-19 emergency declaration 1 and subsequent major disaster declarations for COVID-19, state, local, tribal, and territorial (SLTT) government entities and certain private non-profit (PNP) organizations are eligible to apply for assistance under the FEMA Public Assistance (PA) Program. This policy is applicable to eligible PA applicants only and is exclusive to emergency and major disaster declarations for the COVID- 19 pandemic.
As of April 9, 2020, 51 states and territories had “stay at home” orders in place.2 The population at high-risk for severe illness from COVID-19 includes people 65 years and older and people of any age who have serious underlying medical conditions, including people with chronic lung disease or moderate to severe asthma, people with serious heart conditions, people who are immunocompromised (e.g., those undergoing cancer treatment, smokers, those with HIV or AIDS), and people with severe obesity, diabetes, or liver disease, and people undergoing kidney dialysis.3 Due to the impact of the COVID-19 pandemic, there may be areas where it will be necessary as an emergency protective measure to provide food to meet the immediate needs of those who do not have access to food as a result of COVID-19 and to protect the public from the spread of the virus.
This policy defines the framework, policy details, and requirements for determining eligible work and costs for the purchase and distribution of food in response to the COVID-19 Public Health Emergency to ensure consistent and appropriate implementation across all COVID-19 emergency and major disaster declarations. Except where specifically stated otherwise in this policy, assistance is subject to PA Program requirements as defined in Version 3.1 of the Public Assistance Program and Policy Guide (PAPPG).4
1. This policy applies to:
Outcome: To define the overarching eligibility framework for purchasing and distributing food in response to COVID-19 declarations.
1. Legal Responsibility.
2. Work Eligibility.
3. Cost Eligibility.
4. Time Limitations.
Assistant Administrator, Recovery Directorate
Date: April 11, 2020
1 Proclamation 9994 of March 13, 85 FR 15337 (Mar. 18, 2020); see also www.fema.gov/news-release/2020/03/13/covid- 19-emergency-declaration.
4 The current version of the Public Assistance Program and Policy Guide (PAPPG), Version 3.1, is available on the FEMA website at www.fema.gov/media-library/assets/documents/111781.
5 44 CFR §206.223.
6 Any collection or handling of information with regard to the health status of individuals must be compliance with applicable privacy laws, including the Health Insurance Portability and Accountability Act of 1996. FEMA will not be collecting any health information.
7 The distribution of supplies and other relief and assistance activities shall be accomplished without discrimination on the grounds of race, color, religion, nationality, sex, age, disability, English proficiency, or economic status. Section 308 of the Stafford Act, 42 U.S.C. § 5151, as amended.
8 In certain circumstances, the Regional Administrator may require the submission of an internal control plan, pursuant to 2 CFR
§200.303, in particular when the SLTT government is implementing residential delivery of meals to targeted groups of individuals who are need of such assistance.
9 See. COVID-19 Guidance: Procurements Under Grants During Periods of Exigent or Emergency Circumstances,
March 17, 2020. (https://www.fema.gov/media-library/assets/documents/186350.)
10 2 CFR §200.404; OMB Circular 87.
11 42 U.S.C. § 5155.
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