States say new FEMA rules, grant delays put disaster response at risk

Government officials on the front lines of disaster preparedness and emergency response say deep cuts to federal security grants, limits on preparedness money and litigation-related funding delays pose growing risks to their ability to respond to crises.

All this causes confusion, frustration and anxiety. federal government shutdown doesn't help.

“Every day we remain in this grant purgatory reduces the time available to spend these critical funds responsibly and effectively,” said Kiele Amundson, director of public affairs for the Hawaii Emergency Management Agency.

The uncertainty has led some emergency management agencies to delay filling vacant positions and make hasty decisions about critical training and procurement.

Experts say the developments complicate the state's emergency response efforts, undermining the Republican administration. stated goals shift more responsibility for disaster response to states and local governments.

In an emailed statement, the Department of Homeland Security said the new requirements were necessary due to “recent population movements” and that changes to security grants were made “to respond to new and urgent threats facing our nation.”

Several DHS and FEMA grants help states, tribes, and territories prepare for climate-related disasters and prevent a variety of threats. The money goes toward salaries and training, as well as vehicles, communications equipment and software.

State emergency managers say money is becoming more important because the range of threats they must be prepared for is expandingincluding pandemics and cyber attacks.

On September 29, FEMA, part of DHS, distributed a $320 million emergency management grant to states. But the next day it told states it was withholding the money until they provided new population data. The directive required it to exclude people “removed from the State under U.S. immigration law” and explain its methodology.

The amount of money distributed to states is based on U.S. Census data. The new requirement requiring states to provide revised data “is something we've never seen before,” said Trina Sheets, executive director of the National Emergency Management Association, a group representing emergency managers. “Emergency management agencies are certainly not required to certify the public.”

With no guidance on how to tally the numbers, Hawaii's Amundson said staffers tried to gather data from the 2020 Census and other sources and then subtracted the number of “noncitizens” based on the advocacy group's estimates.

They are not sure that the methodology will be accepted. But since their FEMA contacts have been laid off and the grant portal is closed during the federal government shutdown, they can't find out. Other states said they were reviewing the request or awaiting further guidance.

In its statement, DHS said FEMA must be confident in its funding levels before issuing grants, including updated information on the state's population as it relates to deportations.

Experts said delays caused by the request could have the biggest impact on local governments and agencies that receive state-passed grants because their budgets and staffing are smaller. At the same time, FEMA also reduced the time frame within which recipients must spend the money from three years to one. This may prevent agencies from taking on long-term projects.

Brian Kuhn, president and CEO of consulting firm IEM and a former director of Florida's emergency management agency, said state governments and local agencies need time to adjust their budgets to account for any changes.

“An interruption to these services could put American lives at risk,” he said.

In another move that created uncertainty, FEMA in September sharply cut some states' allocations from another funding source. The $1 billion homeland security grant program is expected to be risk-based, with states devoting most of the money to police and fire departments.

New York received $100 million less than expected, a 79% decrease, and Illinois received a 69% decrease. Both states are politically controlled by Democrats. Meanwhile, some territories received windfalls, including the U.S. Virgin Islands, which received more than double the expected amount.

The National Emergency Management Association said grants will be allocated based on risk and that “it remains unclear what risk methodology was used” to determine the new funding allocation.

After a group of Democratic states challenged the cuts in court, a federal judge in Rhode Island issued a temporary restraining order on Sept. 30. This forced FEMA to withdraw award notices and withhold payments until the next court order.

The freeze “underscores the uncertainty and political instability surrounding these awards,” said Frank Pace, administrator of the Hawaii Office of Homeland Security. The Democratic-controlled state received more money than expected but expects the bonus to be taken away as a result of the lawsuit.

In Hawaii, where forest fire 2023 devastated the Maui town of Lahaina and killed more than 100 people, the state, counties and nonprofits “face the real possibility” of delays in paying contractors, completing projects and “even layoffs or furloughs of staff” if the grant freeze and government shutdown continue, he said.

The slew of setbacks prompted the Washington State Emergency Management Agency to pause filling some positions “out of an abundance of caution,” said Communications Director Karina Shagren.

Emergency management experts said the moves created uncertainty for those in charge of preparedness.

The Trump administration has suspended FEMA's $3.6 billion Disaster Resilience Program., cut FEMA staff and disrupted normal training.

Other lawsuits are also complicating decisions. Last week, a federal judge in Manhattan ordered DHS and FEMA restore $34 million in transit safety grants he did not enter New York because of its immigration policies.

Another judge in Rhode Island ordered DHS to permanently stop imposing grant conditions associated with immigration enforcement, after ruled in September that the terms were illegal – only for DHS to try to force them again.

Taken together, the turbulence around what was once a trusted partner is prompting some states to prepare for a different relationship with FEMA.

“Given all the uncertainty,” said Sheets of the National Emergency Management Association, states are trying to find ways to be “less reliant on federal funding.”

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