Coalition Urges FEMA To Delay Decision on Proposed Rule
A coalition of state and local governmental organizations have made it abundantly clear to the Federal Emergency Management Agency (FEMA) ― now is NOT the time!
The organizations collectively wrote a letter earlier this month to FEMA in response to its proposed rule on the cost of assistance estimate in the disaster declaration process under the Public Assistance program. Associations signing the letter were the National Governors Association, Big City Emergency Managers, Government Finance Officers Association, Governors Homeland Security Advisors Council, International City/County Management Association, International Association of Emergency Managers, National Association of Counties, National Conference of State Legislatures, National Emergency Management Association, National League of Cities, The Council of State Governments and the U.S. Conference of Mayors.
FEMA in December proposed to substantively revise the “estimated cost of the assistance” disaster declaration factor that FEMA uses to review a governor's request for a major disaster under the Public Assistance program. The proposed change sought to comply with the Disaster Recovery Reform Act of 2018, which requires FEMA to review its disaster declaration factors and update them via rulemaking, as appropriate.
The coalition explained that while it understood the need for FEMA to periodically review disaster policy, “the time and manner in which these changes have been proposed will unduly burden state, territorial and local governments as they continue responding to and recovering from disasters, both COVID and non-COVID related. We respectfully request that FEMA delay moving ahead with this proposed rule until state and local economies stabilize, and the essential consultation between FEMA, states, territories and localities has occurred.”
The organizations said the rulemaking does not accurately account for the impacts of the COVID-19 pandemic, and instead relies on data through 2018. They said FEMA must delay the rule until further study is done on the pandemic’s affect on state, territorial and local governments.
They also said the proposal's plan to raise the threshold for Public Assistance would inadvertently reduce mitigation funding under other federal programs, “creating a vicious cycle of not prioritizing preparedness for the next event.” Both the Hazard Mitigation Grant program and Building Resilient Infrastructure in Communities program are percentage-based programs calculated against disaster costs. A reduction in spending for Public Assistance would have a direct and significant impact on the funds available to help protect communities through mitigation programs, the coalition explained, adding that limited usage of Public Assistance programs would also impact eligibility for programs such as the Community Development Block Grant.
The coalitions had numerous other concerns about the proposal. The comment period has now closed on the proposed rule and FEMA is now weighing the comments. We now wait to see what steps the agency will take next.
Join us for our following Thompson Grants events:
Subaward Compliance Management: How to Effectively Monitor Subrecipients | March 25, 2021
Virtual Federal Grants Forum: For State & Local Governments | May 11 - 12, 2021
