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FEMA IN THE WAKE OF A CRISIS

FEMA IN THE WAKE OF A CRISIS. Toward Effective Checks and Balances Spring 2006. 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? . FEMA PRE-KATRINA RESPONSE.

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FEMA IN THE WAKE OF A CRISIS

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  1. FEMA IN THE WAKE OF A CRISIS Toward Effective Checks and Balances Spring 2006

  2. 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?

  3. 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.

  4. 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.

  5. 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.

  6. FEMA’s 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, FEMA’s focus would be exclusively on coordinating response. (2nd Reorg)

  7. 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

  8. FEMA’S PRIMARY GOALS“Coordinating Agency” • Reduce loss of life and property; • Minimize suffering and disruption caused by disasters; and • Serve as the Nation’s portal for emergency management information and expertise.[i] • [i] A Nation Prepared, Federal Emergency Management Agency ,Strategic Plan, Fiscal Years 2003 – 2008 < http://www.fema.gov/library/strategicplanfy03.shtm>

  9. 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.

  10. 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.

  11. 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.

  12. 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.

  13. 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 remains=“Bad” • Army Corp pumps 30 billion gallons of Bad floodwater. • 174 pumps (most inoperable) owned by the city are used for task.

  14. 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

  15. 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]

  16. 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-[K:STATUS]

  17. 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.

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

  19. 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.

  20. 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]

  21. 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]

  22. 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]

  23. FEMA’s 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 • FEMA’S position within DHS allowed DHS to intervene. “If FEMA had been outside DHS, it would have been worse.”

  24. 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.

  25. 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?

  26. 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)

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