Recommendation: To proactively prepare for oversight of future disaster relief funding, the Director of OMB should develop standard guidance for federal agencies to use in designing internal control plans for disaster relief funding. Such guidance could leverage existing internal control review processes and should include, at a minimum, the following elements: (1) robust criteria for identifying and documenting incremental risks and mitigating controls related to the funding and (2) requirements for documenting the linkage between the incremental risks related to disaster funding and efforts to address known internal control risks.

Agency: Executive Office of the President: Office of Management and Budget
Status: Open
Priority recommendation

Comments: To address the recommendation, OMB should issue guidance on internal control for disaster relief funding, including criteria for identifying additional risks and mitigating controls related to the funding and a requirement to link these incremental risks to ongoing efforts to address known internal control risks. On July 15, 2016, OMB issued the revised Circular No. A-123, Management's Responsibility for Enterprise Risk Management and Internal Control. The Circular requires agencies to implement enterprise risk management, which includes the development of a risk profile that analyzes the risks faced in achieving strategic objectives and identifies options for addressing them. In April 2017, OMB staff stated that they believe that the implementation of enterprise risk management through Circular No. A-123 satisfies the intent our recommendation. Because the responsibility for implementing enterprise risk management lies with agency management, Circular No. A-123 does not include specific guidance for identifying risks related to disaster funding. Further discussion and documentation to support OMB's position that the revised Circular addresses our recommendation will be necessary. The Bipartisan Budget Act of 2018, Sec. 21208(c) requires OMB to issue standard guidance for Federal agencies to use in designing internal control plans for disaster relief funding in order to proactively prepare for oversight of future disaster relief funds. The Act states this guidance shall leverage existing internal control review processes and shall include, at a minimum, (1) robust criteria for identifying and documenting incremental risks and mitigating controls related to the funding, and (2) guidance for documenting the linkage between the incremental risks related to disaster funding and efforts to address known internal control risks. GAO reviewed OMB's actions to implement the law. On June 28, 2019, GAO, 2017 Disaster Relief Oversight: Strategy Needed to Ensure Agencies' Internal Control Plans Provide Sufficient Information, GAO-19-479 (Washington, D.C.: Jun 28, 2019) reported the 2013 recommendation remains open and that we plan to continue monitoring OMB's progress in implementing this priority recommendation. Further, the report stated that OMB did not have an effective strategy to ensure that agencies timely submitted internal control plans; and OMB's Memorandum M-18-14, Implementation of Internal Controls and Grant Expenditures for the Disaster-Related Appropriations lacked specific instructions to agencies on what to include in their internal control plans. As such, a new recommendation was warranted. As of February 2020, OMB has not provided any new status updates for this recommendation.

Recommendation: To facilitate oversight of the size of DOD's reserve-component headquarters and ensure that they have the minimum personnel needed to complete their assigned missions, and to minimize the potential for gaps or overlaps at the National Guard's state Joint Force headquarters, the Secretary of Defense should direct the Chief of the National Guard Bureau to assess and validate all personnel requirements at the state Joint Force headquarters to include the Army staff element and Air staff element.

Agency: Department of Defense
Status: Open

Comments: DOD partially concurred with this recommendation. In DOD's response, the department detailed ongoing efforts to validate personnel requirements and stated that revising the scope of the National Guard Bureau's study would eliminate the ability of the Army National Guard and Air National Guard to identify their own personnel requirements. The department further stated that when shared functions are being studied, coordination should be increased between the staff elements to ensure that the correct workload is captured, requirements are not duplicated, and process efficiencies are maximized. However, we found minimal coordination on studies examining the five functions that the National Guard identified as being staffed with both Army National Guard and Air National Guard personnel. As of July 2020, the National Guard Bureau (NGB) had not assessed and validated personnel requirements at the state Joint Force headquarters.

Recommendation: To increase the efficiency and effectiveness of the process for disaster declarations, the FEMA Administrator should develop and implement a methodology that provides a more comprehensive assessment of a jurisdiction's capability to respond to and recover from a disaster without federal assistance. This should include one or more measures of a jurisdiction's fiscal capacity, such as TTR, and consideration of the jurisdiction's response and recovery capabilities. If FEMA continues to use the PA per capita indicator to assist in identifying a jurisdiction's capabilities to respond to and recover from a disaster, it should adjust the indicator to accurately reflect the annual changes in the U.S. economy since 1986, when the current indicator was first adopted for use. In addition, implementing the adjustment by raising the indicator in steps over several years would give jurisdictions more time to plan for and adjust to the change.

Agency: Department of Homeland Security: Directorate of Emergency Preparedness and Response: Federal Emergency Management Agency
Status: Open
Priority recommendation

Comments: On January 20, 2016, FEMA published an Advanced Notice of Proposed Rulemaking to solicit comments on an option FEMA is considering to establish a disaster deductible, which would require a predetermined level of financial or other commitment from a recipient, generally the state or territorial government, before FEMA would provide assistance under the Public Assistance Program. According to FEMA, the agency received 150 responses during the 60-day public comment period, which ended on March 21, 2016, and used this input to develop a plan for further engagement on a more detailed proposal for public comment. The Supplemental Advanced Notice of Proposed Rulemaking, published on January 12, 2017, provided another opportunity for stakeholder input prior to any changes to the Public Assistance program. This proposal included an explanation of how deductible amounts might be calculated, identified specific credits that states could apply for, and detailed how the deductible would be applied post-declaration. According to FEMA officials, the comments received, in part, raised concerns about the complexity of the proposed deductible model. FEMA agreed with the concerns raised that the proposal was too complicated, and in August 2018, told us that it is no longer pursuing that option. However, FEMA is considering options that leverage similar approaches but does not have an estimated completion date for implementation. On October 5, 2018, the Disaster Recovery Reform Act of 2018 (DRRA), was signed into law. DRRA (section 1239) directs the FEMA Administrator to initiate a rulemaking to update the factors considered when evaluating a request for a Major Disaster Declaration for Public Assistance, specifically the estimated cost of assistance (i.e. the per capita indicator). FEMA is working to implement this provision pursuant to the law, and this effort represents one of the top priorities of the agency; however, the estimated completion date is still "to be determined." Until FEMA implements a new methodology, FEMA will not have an accurate assessment of a jurisdiction's capabilities to respond to and recover from a disaster without federal assistance and runs the risk of recommending that the President award Public Assistance to jurisdictions that have the capability to respond and recover on their own.