Top FEMA Official Warns of ‘Seriously Strained’ Disaster Response if DHS Shutdown Occurs

The agency is caught in lawmakers’ fight over DHS funding.

FEMA leadership Gregg Phillips Kristi Noem

Julia Demaree Nikhinson/AP

A top official at the Federal Emergency Management Agency warned lawmakers Wednesday that the agency’s ability to respond to disasters would be strained if a shutdown occurred as Congress continues to debate Department of Homeland Security funding.

“FEMA’s Disaster Relief Fund has sufficient balances to continue emergency response activities for the foreseeable future,” Gregg Phillips, the associate administrator of FEMA’s Office of Response and Recovery, said at a House Appropriations hearing. “That said, if a catastrophic disaster occurred, the DRF will be seriously strained.”

“Make no mistake, our ability to process any payments under the DRF is going to be diminished if there is a lapse,” he added.

The fight between Republicans and Democrats over funding for DHS has put the agency, which oversees FEMA, under a spotlight. The two fatal shootings of U.S. citizens in Minneapolis, Minnesota, by federal agents brought negotiations on DHS funding to a halt.

While FEMA, which focuses on disaster preparedness, response and recovery, isn’t the tension point causing the standoff, it may be ensnared by it due to its position under DHS. Immigration and Customs Enforcement currently has funding to operate due to the reconciliation package that became law this summer. Other agencies, such as the U.S. Coast Guard and the Transportation Security Administration, would run out of funding Friday.

Democrats have listed their demands for overhauling immigration enforcement, which include requiring agents to remove their masks and wear body cameras and stricter rules around warrants. While some lawmakers expressed some optimism over a possible deal on Monday, an agreement before the end of the week is far from certain.

During the hearing, Democratic lawmakers defended their position on immigration reform and attacked the administration for not addressing current issues with FEMA.

Illinois Democratic Rep. Lauren Underwood brought up the agency’s recent denial of disaster funds for her state after August storms caused flooding and wind damage.

“My constituents can understand what it means that FEMA recently denied Illinois’ request for a major disaster declaration after severe storms. And Mr. Phillips, I’m not going to waste our time today asking you why this decision was made,” Underwood said in frustration.

“They paid their federal taxes,” Underwood continued. “But now that they need help to rebuild, FEMA tells them, ‘Sorry, you’re on your own.’ That’s not a result of a funding lapse. That is a policy choice.”

Rep. Rosa DeLauro, the ranking member of the House Committee on Appropriations, said her state of Connecticut hasn’t received funding to address flooding following the administration’s attempt to terminate the Building Resilient Infrastructure and Communities program. A judge in Massachusetts ruled in December that ending the program, which provides billions to disaster aid preparation, would be “unlawful.”

“When will FEMA comply with the court order to restore the BRIC program? And why has the administration not approved hazardous mitigation funding for any disaster since last March?” DeLauro asked Phillips. “Iowa is waiting for money. Hawaii is waiting for money. Everyone is waiting for money.”

FEMA employees have voiced concern about how the dysfunctional work processes at the agency could create problems with disaster response. A NOTUS investigation revealed that more than $1 billion in hazard mitigation funds is awaiting approval from DHS Secretary Kristi Noem. And recent winter storms left Southern lawmakers wondering if they could rely on the agency.

Phillips defended Noem and President Donald Trump during the hearing.

“I’ve heard a lot about President Trump and Secretary Noem today. This is not the secretary that I met during the winter storms. This is the secretary who showed up,” Phillips said. “She stayed, she worked with us. She cared about people.”

There has been recent interest by some lawmakers in moving FEMA out from under DHS, including from some Republican lawmakers. Last year, Republican Rep. Sam Graves, chair of the House Committee on Transportation and Infrastructure, introduced a bill to elevate FEMA to a Cabinet-level position in the White House. In September, the bill was voted out of Graves’ committee by a vote of 57-3, and is now pending a vote on the House Committee on Homeland Security. Following its passing, lawmakers on both sides expressed interest in seeing the bill become law.

Graves’ bill isn’t the only proposal to elevate FEMA. Democratic Rep. Jared Moskowitz and Republican Rep. Byron Donalds introduced another bill in March that would make FEMA a Cabinet-level agency, while Sens. Thom Tillis and Alex Padilla introduced the same bill in their chamber.

The possibility that FEMA may get caught up in a partial government shutdown over the DHS funding gave at least one lawmaker hope that those ideas would gain momentum.

“I hope that we do for reasons beyond the funding,” Tillis said about elevating FEMA to an independent agency. “Keep in mind, this is more of the operational money. We still have a disaster relief fund that is OK for now. But we could be exposed if we have a major storm or major disaster. I think there’s a great case for FEMA being an independent agency.”

Other lawmakers didn’t see moving FEMA as the solution.

“I think it’s unrelated issues on it,” Sen. James Lankford, a member of the Committee on Homeland Security, told NOTUS Tuesday. “I don’t think it solves FEMA just to be able to move it into a different spot. You’ve got to solve FEMA by solving FEMA. Changing the address doesn’t solve the problem.”