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NAC Comment
[Docket ID: FEMA–2007–0008]

Ben Smilowitz
Executive Director, Disaster Accountability Project
July 20, 2009

The Disaster Accountability Project (DAP) thanks the FEMA National Advisory Council
for holding this hearing. We respectfully submit the following comments on Disaster
Disability Policy today.

The Post-Katrina Emergency Management Reform Act (PKEMRA) defined clear

organizational changes for FEMA to make regarding disaster preparedness, response,
recovery, protection and hazard mitigation. One such revision was the creation of a
Disability Coordinator position under section 513(a) to address the needs of individuals
with disabilities.

FEMA must move the Disability Coordinator into the Office of the Administrator
and out of the Office of Equal Rights to adhere to statutory reporting requirements.

The Act states that “[t]he Disability Coordinator shall report directly to the
Administrator” yet the Disability Coordinator position is buried within FEMA’s Office of
Equal Rights (OER), an entity which promotes “affirmative employment, a
discrimination-free workplace, and equal access to FEMA programs and benefits.”
While the Office of Equal Rights certainly has some responsibilities relating to the needs
of individuals with disabilities, it does not entail the substantive obligations the
PKEMRA entrusts to the Disability Coordinator.

As it currently stands, FEMA has created an unnecessary layer of authority over the
Disability Coordinator. This not only violates the clear directive of Section 513 of
PKEMRA, but also diminishes the Disability Coordinator’s ability to effectuate change
throughout FEMA and the nation.

In crafting Section 513, Congress sought to ensure that individuals with disabilities
would have a national voice in emergency preparedness and disaster relief, not a single
OER employee to address all concerns. The importance of the Disability Coordinator
position cannot be understated; the U.S. Department of Health and Human Services
reports that there are 54 million Americans with disabilities. That is one of every five
persons living in the U.S. Indeed, the affirmative responsibilities of the Disability
Coordinator to provide guidance, disseminate best practices, and consult with
organizations extend far beyond the scope of the OER.

Therefore, FEMA must incorporate the Disability Coordinator into the Office of the
Administrator, a post from which the Coordinator can engage all other FEMA
directors and offices, to ensure that individuals with disabilities are considered in
every aspect of national emergency preparedness and disaster relief policies and
operations. This critical position must not be hidden in the Office of Equal Rights.

In addition to these changes, FEMA must create an Office of Disability within the
Office of the Administrator to fulfill the ten enumerated duties articulated in
Section 513(b).

As of June 2009, FEMA has charged a single individual, the Disability Coordinator, with
overseeing and implementing the ten enumerated statutory duties entrusted to the
Disability Coordinator. The Agency, however, has provided the Coordinator with
nonexistent staffing at the national and regional levels. Thus, one person is responsible
for creating and implementing the essential policy and operations initiatives included in
Section 513. This requires, among other things, that the Coordinator alone shall interact
with a range of governmental offices and citizen advocacy groups, ensure the use and
efficacy of telephone lines, websites and video programming distributors in times of
emergencies, incorporate the needs of individuals with disabilities into national
preparedness systems, and ensure accessible transportation for individuals in the event of
an evacuation. To ease the burden on the Disability Coordinator, FEMA must equip
the Disability Coordinator with sufficient staff and resources in a central post within
the Office of the Administrator.

FEMA must ensure shelter access for individuals with disabilities.

A National Council on Disability report in 2005 revealed data from areas affected by
Hurricane Katrina. For example, in Biloxi, Mississippi, a city of about 50,000 people, 26
percent of residents are individuals with disabilities. Approximately 43,000 of the
198,915 residents of Mobile, Alabama are disabled. That is 43,000 people with
disabilities living in Mobile. In New Orleans, about 100,000 residents out of 484,000
have disabilities. The federal government should ensure that all persons, especially those
with disabilities, have access to shelters during disasters. FEMA, in its role as the
primary agency for ESF-6 in the National Response Framework, must lead the way in
guaranteeing shelter access to individuals with disabilities.

FEMA must also create Regional Disability Coordinator positions immediately to

assist the Disability Coordinator to fulfill her duties.

To better address the needs of individuals with disabilities, FEMA must immediately
establish Regional Disability Coordinators (RDCs) in each FEMA region around the
country. Given the scope of the Disability Coordinator's duties, the need for these
positions is beyond doubt; indeed, in August 2008, this very Council recommended the
creation of such positions to former FEMA Administrator David Paulison. While
Administrator Paulison acknowledged the utility of Regional Disability Coordinators, he
delayed budgeting for them until 2011. The inaction on this front is as dangerous as it is
disappointing considering the scope of FEMA's responsibilities under the Post-Katrina
Act. Regional Disability Coordinators would, among other essential functions, oversee
the training of FEMA employers on disability issues including communication,
transportation, housing, and medical services during disaster scenarios. FEMA's inertia
in this area of known and substantial importance sends a message to the millions of
Americans with disabilities: your needs are not yet a priority at FEMA. To change this
message, close existing gaps and prepare for future disasters, the Regional Coordinator
positions must be included in the 2010 budget.

With a new Administration in place, funding can be made available for the immediate
creation of Regional Disability Coordinators. As discussed in the National Response
Framework, the best way to manage emergencies and disasters is at the local level.
Therefore, FEMA should implement Regional Disability Coordinators immediately to
ensure appropriate measures are taken at that level to meet the needs of individuals with
disabilities.

The Regional Disability Coordinators will ensure that resources are allocated to
individuals with disabilities according to the Emergency Support Functions
entrusted to FEMA within the National Response Framework.

The National Response Framework “provides structures for implementing nationwide

response policy and operational coordination for all types of domestic incidents.” Within
the Framework, FEMA is the primary agency responsible for coordinating Emergency
Support Functions (ESFs) during an emergency as well as carrying out the duties
described in several of the support functions. For example, ESF-6 charges FEMA with
duties encompassing mass care, emergency assistance, disaster housing, and human
services. The Regional Disability Coordinators will partner with the support agencies
responsible for providing mass care, emergency assistance, disaster housing and human
services; this partnership will ensure that individuals with disabilities receive adequate
and appropriate services and information. Furthermore, each RDC will consult with their
Regional FEMA Administrator, as well as regional Federal Preparedness, Disaster
Operations, Disaster Assistance, and Mitigation divisions to incorporate the needs of
individuals with disabilities within the ESFs. The Regional Disability Coordinators
should also collaborate with volunteer organizations through the National Voluntary
Organizations Active in Disasters network.

The Regional Disability Coordinators should partner with Regional FEMA

Administrators, state and local authorities, and other FEMA divisions to meet the
needs of individuals with disabilities within their shared regions.

In reporting to their specific regions, each RDC will partner with their Regional FEMA
Administrator to infuse current operational plans with strategies specific to the needs of
individuals with disabilities in times of emergencies. Furthermore, the RDCs will engage
regional FEMA divisions and state and local authorities to ensure a coordinated and
comprehensive effort to support individuals with disabilities in times of emergencies.

Conclusion

With a single individual charged with incorporating the needs of individuals with
disabilities into our national emergency preparedness and response activities, FEMA’s
current framework is failing. To address this gross transgression, the Disaster
Accountability Project strongly recommends that this Committee restructure the position
of the FEMA Disability Coordinator so that it fulfills the directives of Section 513 of the
Post-Katrina Emergency Reform Management Act and ensures that the needs of
individuals with disabilities are met in times of a national emergency. Thus, we urge this
Committee to create an Office for Disability within the Office of FEMA Administrator,
provide this office with sufficient staff at the national level, establish Regional Disability
Coordinator positions throughout the country to supplement its efforts, and work to
ensure shelter access for Americans with disabilities.

Again, thank you for evaluating these issues and considering our comments. Please let us
know if you have any additional questions or concerns.

Sincerely,

Ben Smilowitz
Executive Director
Disaster Accountability Project