Applying for Expense Reimbursement in Response to the Coronavirus Pandemic

By Steven H. Weller and Lori J. Robinson

The information below outlines the steps involved in making a FEMA public assistance reimbursement claim.

On March 13, 2020, the President issued a nationwide emergency declaration regarding the Coronavirus (COVID-19) under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207 (the “Stafford Act”).

Local governmental entities in Texas, including cities, school districts, counties and others, may apply for reimbursement of expenses for certain emergency measures taken in response to the COVID-19 health emergency. Public Assistance reimbursement claims can be made to the Federal Emergency Management Agency (“FEMA”) in accordance with Section 502 of the Stafford Act. If a reimbursement is granted, FEMA will cover 75% of eligible expenses, and the local governmental entity will be responsible for the remaining 25%.

Although FEMA Public Assistance reimbursements are traditionally sought in the context of natural disasters such as hurricanes or floods that cause physical damage, the COVID-19 pandemic may create other forms of potentially reimbursable expenses for your entity. For example, entities may be able to obtain reimbursements for expenses caused by COVID-19 for increased labor costs, use of an entity’s vehicles or equipment, purchase of supplies, emergency operations center expenses, disinfection/sterilization of public facilities, use of specialized medical equipment, or other costs.

Since the disaster is ongoing, the deadline to submit a Public Assistance reimbursement application has not been established yet. The eventual deadline will be the 30th day after the disaster declaration is over. Entities can claim expenses incurred during the time period from January 20, 2020 (the recognized start date of the event) until 30 days after the end of the disaster declaration.

I.  How to Make a FEMA Public Assistance (“PA”) Reimbursement Claim

FEMA has announced a simplified Public Assistance Application Process to address the large magnitude of anticipated Public Assistance claims from public entities across the country related to COVID-19.  A summary of the steps involved in a COVID-19 reimbursement claim is contained below.

Step 1 – Attend a Virtual Applicant Briefing on the PA Reimbursement Process

 The briefing includes a guide on use of the FEMA Grants Portal and the process of submitting a Request for Public Assistance form and supporting documentation.  Applicant briefings occur each weekday from 1-2 p.m. CST, until further notice.

 Step 2 – Log in to FEMA Grants Portal Account

If you already have an existing FEMA Grants Portal (https://grantee.fema.gov/) account from a prior disaster, you can log in there and submit a Request for Public Assistance (“RPA”) for COVID-19.  The FEMA designation for the COVID-19 event is DR-4485.

If you do not have an account in the FEMA Grants Portal you can request one by sending an email to the Texas Department of Emergency Management (“TDEM”) at TDEMRecovery.RPA@tdem.texas.gov.  Your email should provide the name of your local governmental entity and the name, phone number, and email address of your preferred primary contact person.  You will then receive an automated email invitation from the FEMA Grants Portal.  After your account opens, you can submit an RPA for COVID-19 (DR-4485).

The FEMA Grants Portal will be used to submit your RPA and supporting documents.  The Grants Portal webpage looks like this:

Step 3 – Submit a Request for Public Assistance (RPA) Form

After you log in to your FEMA Grants Portal account, you can complete and submit an RPA (FEMA Form 90-49) for COVID-19 (DR-4485).  The RPA form itself is not lengthy and gathers basic information regarding an applicant.  The details of your PA claim and supporting documentation can be submitted after your RPA, but it is recommended that local governmental entities begin organizing and submitting claim materials as soon as reasonably possible.

Additional guidance on the process of setting up your Grants Portal Account and submitting an RPA can be found on the TDEM COVID-19 webpage.

To stay abreast of updates or changes to the PA reimbursement process for COVID-19, please continuously refer to guidance issued by FEMA and TDEM.

Step 4 – Submit Project Worksheets (“PW”)

A Project Worksheet is the form used to document the details of an applicant’s project and costs claimed.  Supporting documentation, which is essential to track and justify expenses, is uploaded to FEMA along with Project Worksheets.  If your entity has already paid for eligible expenses, a Project Worksheet (FEMA Form 90-91) can be submitted for reimbursement now.

Following submission of an RPA and PW, FEMA will review the materials submitted.  If reimbursements are approved, an applicant will need to sign formal grant documents to receive funding.

Disaster Summary Outline (“DSO”)

As soon as possible, entities should also begin totaling existing response costs and preparing initial damage estimates. These figures need not be exact, but they are necessary to complete a DSO, which is the first snapshot TDEM receives regarding the extent of costs incurred.  It is important to provide this information to TDEM because it will be used by the State of Texas to determine the amount of funds that will be requested from the federal government.