FEMA IN THE WAKE OF A CRISIS

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FEMA IN THE WAKE OF A CRISIS

• Toward Effective Checks and Balances
• Spring 2006

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Question to Discuss

• Was the reorganization of FEMA within
• DHS effective to achieve the stated
• mission and should FEMA be part of the
• executive branch of government?

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FEMA PRE-KATRINA RESPONSE

• Northridge Quake-Response w/in 2 hours with
  troops and rations. Rebuilt w/in a week.
• Hurricane Camille-2nd worse- Red Cross set up
  shelters for 85K before it hit. Cleared 11M tons
  of debris in months.
• Hurricane Andrew 5K troops deployed w/in 3 days.

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FEMA Strategic Plan (03-08)Challenges

• Emphasize pre-disaster mitigation and insurance.
• Recruiting, training hot notch workforce.
• Centralize IT management efforts.
• Annual Performance Plan w/ goals
• Management Plan of activities.

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OHS Becomes DHS

• Cabinet-level Executive department created by
  Executive Order to address government response to
  9/11 terrorism.
• Converted to an Executive Department per
  Legislative Action, reporting to President.
• Clearinghouse and coordination function among
  federal, state, and local agencies.

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FEMAs Reorganization in 2002

• FEMA converted from an Independent Agency to a
  department under a Directorate within Department
  of Homeland Security, an Executive Department.
  (1st Reorg.)
• --Under Directorate of Emergency Preparedness
  and Response.
• --Subject to oversight from DHS Deputy Secretary
  and Executive Branch, not Congress.
• --After Katrina, FEMAs focus would be
  exclusively on coordinating response. (2nd Reorg)
  

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Office of State and Local Government Coordination
and Preparedness

• Coordinate state and local gov. response to
  terrorist acts. (Office under Secretary)
• Provides assistance to America's first responders
  through
• Funding
• Coordinated Training
• Exercises
• Equipment Acquisition
• Technical Assistance

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FEMAS PRIMARY GOALSCoordinating Agency

• Reduce loss of life and property
• Minimize suffering and disruption caused by
  disasters and
• Serve as the Nations portal for emergency
  management information and expertise.i
• i A Nation Prepared, Federal Emergency
  Management Agency ,Strategic Plan, Fiscal Years
  2003 2008 lt http//www.fema.gov/library/strategi
  cplanfy03.shtmgt

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Government Response to Hurricane Katrina 8/28

• 2001-2005 Congress underfunds Corp projects to
  shore up levees in La..
• 8/28 Hurricane hits.
• 8/28 La. Mayor orders evacuation from hurricane
  region.
• 8/29 Bush declares state of emergency.
• 8/29P Levees break, flooding lower levels.
• 9/2 40,000 Federal troops deployed with food
  and water.
• 9/2 Federal funds allocated on 9/2 63 billion.

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Government Responseto Katrina (8/28/05)

• 9/2 State and Local officials go off on Bush.
• 9/16 Bush acknowledges mistakes and pledges
• 100 reimbursement to states for health care
  costs for evacuees.
• 1.9 billion to states for costs of educating
  displaced students
• Worker recovery for job training of up to
  5,000.
• Cost of Gulf Opportunity Zone is 1.6 B over 5
  years.

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Criticism of Reorganization Plan

• Impetus was a 9/11 Terrorist Attack
• Shift in focus to terrorism vs. natural disaster
  created personnel/expertise issues.
• Created Additional Levels of Bureaucracy
• Lack of Leadership
• Lack of a Clear Plan Priority within DHS
• Delays in Navigating Chain of Commands
• Lack of Coordination and Communication between
  federal-state-local authorities.

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DHS National Response Plan

• Establish Protocols for the following
• 1) Save lives and protect public health and
  safety
• 2) Protect and restore infrastructure and key
  resources
• 3) Protect property and mitigate damages and
• 4) Facilitate recovery.

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Stages of Disaster RecoveryPhase 1 Local
Response

• Stabilize the city in flooded and hurricane-
  damaged areas. (Months)
• Contamination from chemicals, fecal matter,
  garbage, oil and human remainsBad
• Army Corp pumps 30 billion gallons of Bad
  floodwater.
• 174 pumps (most inoperable) owned by the city are
  used for task.

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Stages of Disaster RecoveryPhase 1 Local
Response

• Minimize hazards by neutralizing safety threats,
  e.g., wild animals, downed wires, gas leaks,
  fires and toxic spills. SEC/ENV STATUS
• Search and Rescue/Recover Bodies SEC/ENV
  STATUS
• -Bodies submerged, trapped under debris.
• -Identify corpses, notify and dispose of
  remains.
• -Find missing persons, confirm dead/alive,
  reunite with families.
• -Track whereabouts of residents to disseminate
  information vs. rely upon them to contact

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Stages of Disaster RecoveryPhase 1 Local
Response

• Demolition and Removal of damaged structures.
  (Experts say it will take years)ENV STATUS
• -planning, zoning and permitting for self-help
  or government action. (Time waivers)
• -prioritizing how resources will be allocated.
  (Identifying stakeholders and needs)
• Request state and federal assistance (Accurate
  inventory of needs) LEGAL STATUS

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Stages of Disaster Recovery Phase 1 Executive
Response

• Executive let contracts to Halliburton and other
  existing contractors without competitive bid.
• 10/11/05 Terms would be renegotiated on
  competitive bid. K STATUS
• Suspended Davis-Bacon for prevailing wage
• Reinstated Act after pressure from Congress
• K WHO IS BEING HIRED
• Labor Dept. waived affirmative Action program and
  reporting.
• -No action taken-KSTATUS

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Stages of Disaster Recovery Phase 1 Executive
Response

• Bush appointed OIG to provide FEMA Oversight.
• OIG created the Office of Katrina to conduct
  investigation and audits on how 63 billion in
  disaster relief is being spent.
• OIG had 15 million to oversee management
• Mission assignments to other agencies over 7
  billion, of which 6 billion to the Army Corp of
  Engineers.
• OIG to hire 130 auditors, investigators and
  inspectors for DoD grants and contracts.

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OIGs Mission

• Focus on Prevention, i.e. reviewing controls,
  monitoring and advising.
• Ongoing audit and investigation to identify and
  address waste and fraud ASAP.

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OIG Issues

• Nexus between Audit, Investigation, and Reporting
  functions, and Prevention.
• Protection for whistleblowers.
• Prosecution of violators with adequate penalties.
• Effective remedies and resources for
  complainants.

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Stages of Disaster RecoveryPhase 2
Repair/Rebuild

• No power, water, sewage, and roads in worse
  areas. ENV./K CHECK STATUS
• Repair/replace phone lines, communication SEC
  CHECK STATUS
• Most residents have left and have not been able
  to or decided to return. EVAC. CHECK STATUS
• Assessment, Demolition, Clean-up, Repair,
  Rebuild.Letting of contracts. K CHECK STATUS

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Stages of Disaster RecoveryPhase 2
Repair/Rebuild

• Remove sewage, 500 plants worth of waste ENV
  Army Corp, EPA, La.-CHECK STATUS
• Hire contractors to repair clogged and destroyed
  pipes to help restore service. K CHECK STATUS
• Insurance Claims/FEMA aid for property and
  relief for uninsured from flood, hurricane, fire,
  mold damage. LEGAL CHECK STATUS
• Small Business Loss Relief EVAC/K STATUS

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Stages of Disaster RecoveryPhase 2 Relief to
Evacuees

• 2,000 Direct relief EVAC/LEGAL CHECK
  FRAUD-900K /2.5 M BAD PAYMENTS
• 2,500 housing assistance EVAC/LEGAL CHECK
  STATUS
• SBA loan assistance for repairs, (credit-worthy
  limitation)
• Relief checks limited to 26,200.
• Balance is out-of-pocket.
• Unemployment benefits EVAC CHECK STATUS

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FEMAs New Reforms (THIS IS WHERE WE START!!)

• Create teams of trained personnel with full
  communication to coordinate and oversee disaster
  recovery and relief (Phase 1)
• Full integration with first responders, I.e.,
  local and state government coordination
• Partner with D0D to provide federal response
• FEMAS position within DHS allowed DHS to
  intervene. If FEMA had been outside DHS, it
  would have been worse.

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Question Answer?

• 1) Was the reorganization of FEMA within DHS
  effective to achieve the stated mission?
• No, because the mission of FEMA was diverted to
  domestic terrorism to the exclusion of natural
  disasters step-child in funding, access and
  expertise.
• 2) Should FEMA be part of the executive branch
  of government to ensure proper coordination?
• Yes, so long as have the talent, plans, and
  controls to ensure effective coordination,
  implementation and accountability.

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Questions to Ask

• 1)What is the role and mission per statutory
  authority?
• 2) What is the expectation in crisis?
• 3) How has the agency measured compliance and
  performance?
• 4) Has the agency met the standard?
• 5) If not, why not and what can be done via
  informal rulemaking or interpretative rulemaking?
• 6) If nothing, then is there another agency who
  can?

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Next Steps

• 2/24 Status Report on outstanding issues.
• 2/28 Each group should identify up to 3 issues to
  address via CPS worksheets.
• 3/3 Groups will vote on the one issue they will
  address via rulemaking based upon CPS.
• 3/14 Draft proposed rule with justification shall
  be done by the group for presentation to the
  Inspector General. (Final Due 3/17)