Who’s Really In Charge of a Disaster?
At the second public meeting of the FEMA Review Council on July 9th, the Secretary of Homeland Security repeated in her opening statement much of the disinformation that has been circulating about FEMA. Among these was the need to return leadership for disasters to the state. This need to “stop FEMA from supplanting the states” was a theme that was repeated by many of the speakers. With August being designated Emergency Management Awareness Month, this question of who leads in a disaster is one that should be addressed with the public.
The role of the federal government in disaster relief is one that has evolved over time, largely in response to focusing events, major disasters that created a demand for action by the federal government. Initially, however, disaster relief was considered a state responsibility. The Constitution does not assign specific powers for disaster relief to the federal government, so under the 10th Amendment, these powers were assumed to be reserved to the states. This issue would resurface frequently as the federal disaster bureaucracy developed.
In those occasions where the federal government did involve itself in disaster relief, it was as the result of individual bills and was normally limited to economic relief from federal excise taxes. There were exceptions, such as compensation for citizens following the Whiskey Rebellion (1791-94) and the War of 1812 and the land transference scheme following the New Madrid earthquake in 1811 but generally the federal government did not provide general relief bills. By the end of the 19th Century, however, general relief bills were becoming increasingly common, despite claims that such relief was unconstitutional. By the beginning of the 20th Century a combination of factors such the growth of urban areas with their concentration of people and complex infrastructure, major disasters such as the Great Chicago Fire (1871, the Johnston Flood (1889), and the San Francisco earthquake and fires (1906), and the emerging role of the American Red Cross in disaster relief led to an increased role of the federal government in disaster relief and the beginnings of a disaster bureaucracy.
Despite the growth of the disaster bureaucracy, the leadership of state and local governments in disaster relief was never in question, sometimes to the detriment of citizens. In Plagues in the Nation: How Epidemics Shaped America, historian Polly J. Price traces how the commitment to states’ rights and individual liberties often hindered the response to epidemics. In the Great Mississippi Flood of 1927, where Herbert Hoover served as what later become the Federal Coordination Officer, Hoover worked through state governors and local officials rather than taking direct charge.
When FEMA was created in 1979, it was through a transfer of existing funding programs from other agencies. FEMA was considered at the time as a “third responder” that would provide relief funds following a disaster. This would change following Hurricane Hugo in 1989 and particularly Hurricane Andrew in 1992 where FEMA was accused of taking too long to respond. The reason given by FEMA was that the Stafford Act required a governor’s request before FEMA could act. This criticism and the continued public demand would result in changes that allowed FEMA to pre-deploy personnel and resources in anticipation of a major disaster.
Despite this new role, FEMA was expected to defer to the state. FEMA personnel could be deployed to a state emergency operations center to ensure rapid response to state requests for direct federal assistance and, following an event, could establish a Joint Field Office with state representatives but the Stafford Act is clear that the state and, by extension, the local government has the lead on response:
302 (c) When the President determines assistance under this Act is necessary, he shall request that the Governor of the affected State designate a State coordinating officer for the purpose of coordinating State and local disaster assistance efforts with those of the Federal Government.
303 The President shall form emergency support teams of Federal personnel to be deployed in an area affected by a major disaster or emergency. Such emergency support teams shall assist the Federal coordinating officer in carrying out his responsibilities pursuant to this Act…Each emergency response team shall work in coordination with State and local officials and onsite personnel associated with a particular incident.
401…as a prerequisite to major disaster assistance under this Act, the Governor shall take appropriate response action under State law and direct execution of the State’s emergency plan.
So, what’s the problem? The most visible part of FEMA’s response is the Individual Assistance Program. It is also the one that creates the most visible problems. It is a convoluted program that involves multiple funding streams and relies heavily on verification by contract employees with often limited training and familiarity with FEMA regulations. State and local agencies have limited involvement with the program. There is considerable research that strongly suggests that the program is skewed against people of color and those with low incomes. Many attempts have been made over the years to improve the program with limited results. Reforming this program would go a long way to improving both the delivery of disaster relief to survivors and to enhancing the reputation of the agency.
To be clear, both by law and by tradition, state and local governments are responsible for disasters affecting their communities. When they request assistance from the federal government, the Stafford Act requires:
302 Such a request shall be based on a finding that the disaster is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary.
That federal assistance is provided at the request of and in coordination with state and local governments. FEMA does not supplant, it supports.