Evacuation, Medical Care, and Sheltering

Appeal Brief

Summary Paragraph

The coronavirus (COVID-19) pandemic resulted in a major disaster declaration for the state of Texas, with an incident period of January 20, 2020, to May 11, 2023. Baylor University (Applicant), a Private Nonprofit entity, requested $281,529.20 for a contracted security service used to monitor students quarantined in two hotels. FEMA created Grants Manager Project 692685 to document the Applicant’s claim, but denied the security service contract costs in a Determination Memorandum. FEMA found that the Applicant was not obligated under state law to provide non-congregate sheltering (NCS) for students, and had not received approval for NCS from FEMA. The Applicant submitted a first appeal requesting funding for the security service costs and asserting that it was responsible for maintaining public safety on its campus, including quarantining students exposed to COVID-19. The FEMA Region 6 Regional Administrator denied the appeal. FEMA determined that the supporting documentation did not obligate the Applicant to provide NCS under state law, and did not show that the Applicant provided NCS through an agreement with a local public health official. The Applicant submitted a second appeal requesting $281,529.20 and reiterating its first appeal positions.

Authorities

• Stafford Act §§ 403, 502.
• 44 C.F.R. §§ 206.223(a)(1), 206.225(a).
• PAPPG, at 66.
• O&O Policy, at 4-5.
• FEMA Fact Sheet, Non-Congregate Sheltering.
• Non-Congregate Sheltering FAQ, at 1, 3.
• University of Pittsburgh, FEMA-4506-DR-PA, at 2.

Headnotes

• NCS must be at the direction of and documented through an official order signed by a public health official and approved by the appropriate FEMA Regional Administrator.
  • The Applicant’s supporting documentation does not demonstrate that it provided sheltering services at the request of a public health official.
  • Additionally, the Applicant did not demonstrate it obtained approval from FEMA for its NCS program as required by FEMA policy.

Conclusion

The Applicant did not demonstrate that providing sheltering services for students at two hotels met eligibility criteria under FEMA’s COVID-19 and PA policies for NCS. Consequently, the costs for a contracted security service used to monitor the students are not eligible. Therefore, this appeal is denied.

Appeal Letter

Appeal Analysis

Background

The coronavirus (COVID-19) pandemic resulted in a major disaster declaration for the state of Texas on March 25, 2020, with an incident period of January 20, 2020, to May 11, 2023. Baylor University (Applicant), a Private Nonprofit (PNP), requested Public Assistance (PA) for emergency protective measures implemented in response to the pandemic. Among other items, the Applicant claimed $281,529.20 for a contracted security service it hired to monitor students quarantined in two hotels used as non-congregate sheltering (NCS) from October 2020 through May 2021.[1] The Applicant stated that it housed students quarantined with COVID-19 in local hotels to mitigate the risk of spreading the virus, and that it contracted with a security service to monitor quarantining students and perform other tasks, for example meal delivery. FEMA created Grants Manager Project 692685 to document the Applicant’s claim.

In a Determination Memorandum issued on July 15, 2024, FEMA denied $281,529.20 for the security service contract costs.[2] FEMA found that the Applicant had no obligation under state law to quarantine the students. Further, FEMA found that the Applicant had not received prior approval for NCS as required.

First Appeal

The Applicant submitted a first appeal dated September 11, 2024, requesting $281,529.20 for the security service contract costs. The Applicant asserted that it was responsible for maintaining public safety for its on-campus students during the pandemic period, including quarantining students exposed to COVID-19. In support, the Applicant provided a Financial Responsibility Agreement (FRA) governing its relationship with students during the Fall 2020 semester. The Applicant stated that the FRA imposed an obligation to implement mitigation measures related to the spread of COVID-19, including changes to housing and social distancing measures. Further, the Applicant provided a Housing Contract, which it stated guaranteed on-campus students a living space in a residential hall or temporary occupancy housing. The Applicant stated that the Housing Contract included provisions giving it the right to take actions necessary to control the use of residential spaces in the event of an epidemic or disaster. Finally, the Applicant stated that actions to quarantine COVID-19 positive students were made in accordance with guidance from the Centers for Disease Control and Prevention. In a transmittal letter dated October 17, 2024, the Texas Division of Emergency Management (Recipient) expressed support for the appeal.

On January 14, 2025, the FEMA Region 6 Regional Administrator denied $281,529.20. FEMA determined that neither the FRA nor the Housing Contract obligated the Applicant to provide NCS under state law. Further, FEMA stated that the Applicant had not provided documentation indicating it provided NCS through an agreement with a local public health official. FEMA noted that the Applicant had entered into a mutual aid agreement with the local public health district and office of emergency management (OEM), in which the Applicant agreed to provide resources in the event of a disaster. However, FEMA found that the mutual aid agreement did not constitute an agreement with local authorities to provide NCS. 

Second Appeal

The Applicant submitted a second appeal dated March 14, 2025, requesting $281,529.20 for the security service contract costs. The Applicant reiterates its previous positions and states that there were no alternative quarantine sites operated by the local government. It provides letters of support from the directors of the local public health district and OEM, which it states emphasize its role in mitigating the spread of COVID-19 in local communities by providing NCS for students that contracted the virus. In a transmittal letter dated March 20, 2025, the Recipient expresses support for the appeal.

Discussion

Eligible emergency work includes emergency protective measures that are necessary to save lives and protect public health and safety.[3] All work must be required as a result of the emergency or major disaster.[4] In limited circumstances, FEMA may reimburse costs related to NCS.[5] Under the COVID-19 declarations, FEMA will consider requests for reimbursement of NCS for health and medical-related needs, such as isolation and quarantine resulting from the public health emergency.[6] The NCS must be at the direction of and documented through an official order signed by a State, Local, Tribal, or Territorial (SLTT) public health official and approved by the appropriate FEMA Regional Administrator.[7] 

The Applicant appeals FEMA’s denial of $281,529.20 for a contracted security service used to monitor students quarantined at two hotels. It asserts that providing NCS for students was necessary to mitigate the spread of the virus on its campus. However, the Applicant did not demonstrate that it provided sheltering services at the request of a public health official. The mutual aid agreement between the Applicant, the local public health district, and the local OEM references the general provision of “mutually agreed-upon facilities, materials, and resources” during a pandemic, but does not request the Applicant establish NCS facilities.[8] Further, the letters from the directors of the local public health district and OEM that were provided with the second appeal express support for the Applicant’s actions during the pandemic, but do not constitute an order from either entity directing the Applicant to establish NCS facilities. Therefore, the Applicant did not establish that its actions were undertaken at the direction of and documented through an official order signed by a state or local public health official. Additionally, the Applicant did not demonstrate it obtained approval from FEMA for its NCS program as required by FEMA policy. Therefore, the Applicant’s claimed costs for contract security services are not eligible for PA funding.[9]

Conclusion

The Applicant did not demonstrate that providing sheltering services for students at two hotels met eligibility criteria under FEMA’s COVID-19 and PA policies for NCS. Consequently, the costs for a contracted security service used to monitor the students are not eligible. Therefore, this appeal is denied.