Disaster Assistance: Issues Related to the Development of FEMA's Insurance Requirements
GGD/OGC-00-62
Feb 25, 2000
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Highlights
Pursuant to a congressional request, GAO evaluated the Federal Emergency Management Agency's (FEMA) efforts to develop its draft insurance regulations, focusing on: (1) the extent that FEMA obtained and incorporated input from state and local agencies and public entities likely to be affected by the draft regulation; (2) FEMA's compliance with Executive Order 12866, the Regulatory Flexibility Act, and applicable guidance governing the rulemaking process; and (3) FEMA's internal rulemaking processes and procedures.
Recommendations
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Directorate of Emergency Preparedness and Response | To help ensure that its rulemaking process complies with the requirements contained in federal laws, executive orders, and OMB guidance, the Director, FEMA, should designate a Regulatory Policy Officer, as required under Executive Order 12866, and charge that individual with responsibility for being involved at each stage of the rulemaking process. |
On February 29, 2000, FEMA's Director appointed the General Counsel as the Regulatory Policy Officer for the agency. The appointment document charges the Regulatory Policy Officer with fulfilling the duties and responsibilities required under Executive Order 12866. Among other things, Executive Order 12866 requires the Regulatory Policy officer be involved at each stage of the rulemaking process.
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| Directorate of Emergency Preparedness and Response | To help ensure that its rulemaking process complies with the requirements contained in federal laws, executive orders, and OMB guidance, the Director, FEMA, should update its external regulations and internal written guidance and manuals governing the rulemaking process to reflect the current requirements contained in federal laws, executive orders, and OMB guidance. |
FEMA has updated its internal guidance on federal rulemaking procedures. The updated guidance--"Guidance for Rulemaking Documents" and "Rulemaking Requirements"--is used by both the lawyers and program staff who are involved in rulemaking. The updated guidance includes references to current federal laws, executive orders, and OMB requirements governing the rulemaking process.
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| Directorate of Emergency Preparedness and Response | To help ensure that its rulemaking process complies with the requirements contained in federal laws, executive orders, and OMB guidance, the Director, FEMA, should monitor FEMA's compliance with relevant federal laws, executive orders, and OMB guidance governing the rulemaking process. |
According to a FEMA official, the agency is working closely with the Office of Management and Budget to monitor and obtain feedback on the compliance of FEMA's rulemaking with relevant federal laws, executive orders, and OMB guidance. In addition, FEMA's Director has required that all policies or the agency be run through FEMA's Office of General Counsel for review and approval before issuance. FEMA also has an ongoing process to increase the ability of its Office of General Counsel to oversee and monitor rulemaking, particularly with regard to the regulatory analyses required for each rule.
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