Immediate Threat

Appeal Brief

Appeal Letter

Appeal Analysis

Background

The coronavirus (COVID-19) pandemic resulted in a major disaster declaration for the state of New York on March 22, 2020, with an incident period from January 20, 2020, to May 11, 2023. As a result of the COVID-19 pandemic, Rensselaer County (Applicant), a local government, requested $576,557.78 in Public Assistance (PA) funding for overtime labor costs related to COVID-19 contact tracing activities its staff performed from January 1, 2021, through 

July 1, 2022. On June 7, 2024, FEMA issued a Determination Memorandum denying the costs, stating that the Department of Health and Human Services (HHS) is the federal agency responsible for contact tracing efforts, and the activities were ineligible for PA funding.

First Appeal

On August 7, 2024, the Applicant appealed, stating FEMA policy does not specifically say that contact tracing is ineligible. The Applicant asserted that contact tracing is a potentially eligible emergency protective measure, and that it had provided documentation to support the eligibility of the denied costs. On October 7, 2024, the New York State Division of Homeland Security and Emergency Services (Recipient) transmitted the appeal to FEMA with its support. In a January 2, 2025 decision, which the Applicant received on January 10, 2025, the FEMA Region 2 Regional Administrator denied the appeal, finding FEMA previously determined that PA is not the appropriate source of funding for COVID-19 contact tracing. 

Second Appeal

On February 25, 2025, the Applicant filed a second appeal, reiterating previously raised arguments. The Applicant also filed a supplemental letter on February 28, 2025. In that letter, the Applicant asserts the denial of funding for contact tracing from other sources contributed to funding gaps for the Applicant’s COVID-19 response efforts, underscoring the Applicant’s need for FEMA assistance. On April 14, 2025, the Recipient transmitted the appeal, recommending approval. 

Discussion

Eligible emergency work includes emergency protective measures to save lives and protect public health and safety.[1] For emergency protective measures to be eligible, the applicant is responsible for showing the work is required due to an immediate threat resulting from the declared incident.[2] In response to COVID-19 declared events, FEMA may only provide assistance in accordance with a COVID-19 specific policy.[3] For COVID-19, FEMA has determined that HHS and the Department of the Treasury are the most appropriate agencies to fund contact tracing.[4] 

Here, the Applicant requested overtime labor costs related to COVID-19 contact tracing activities. The Applicant asserts FEMA is not barred from funding contact tracing costs HHS did not reimburse. However, contact tracing is not included as an eligible emergency protective measure to respond to COVID-19 in any of FEMA’s COVID-19 policies. In fact, FEMA policy expressly cites COVID-19 contact tracing as an example of the type of work FEMA will not reimburse through the PA program.[5] Therefore, the Applicant’s contact tracing work is not an eligible emergency protective measure under FEMA’s COVID-19 policies.

Conclusion

Contact tracing is not an eligible emergency protective measure under FEMA’s COVID-19 policies. Therefore, this appeal is denied.