News
Aug 16 2007
FEMA won't explain aid denial
It says the FOI Act doesn't apply to its decision on storm aid.
WASHINGTON -- Information to justify denial of individual assistance to Oklahomans following last winter's ice storms cannot be released to the public, according to the Federal Emergency Management Agency.
In a letter to U.S. Sen. Tom Coburn, R-Okla., David Garratt, FEMA's acting assistant administrator, said "specific pre-decisional data" cannot be released by law even in response to a request under the Freedom of Information Act.
Coburn had sought the information in April, saying FEMA's lack of explanation on why it denied Oklahoma's request was unacceptable.
He also said Oklahomans' confidence in FEMA had been shaken and suggested the only way that confidence could be restored was through a willingness to explain such decisions in detail.
Coburn was joining Gov. Brad Henry and others in expressing frustration over the way Henry's request for individual assistance was handled, especially after assistance was granted following earlier storms. Garratt met with Coburn and his staff and followed that up with his letter.
"As noted in the briefing provided to you, by law, specific pre-decisional data used in determining a state's eligibility for disaster assistance cannot be publicly released even under a Freedom of Information Act request," he wrote.
His letter also spelled out a number of factors that go into FEMA's handling of requests for assistance.
Garratt wrote that governors must certify that an event is beyond the combined capabilities of state and local governments, adding that Henry's request was denied based on a decision that the ice storm was not beyond Oklahoma's response ability.
It was unclear whether Coburn, who had threatened aggressive oversight in this area, was satisfied with FEMA's response.
He has sponsored an amendment designed to make the process more open and transparent. That language was attached to a major spending bill.
In a statement released after his communication with Garratt, Coburn said the agency was "unwilling" to share information used in deciding whether to deny individual assistance to Oklahomans.
"Many Oklahomans were given the impression FEMA based its decisions on something other than merit," he said.
"To regain the trust of the American taxpayer, FEMA must be open and transparent to ensure that in times of emergency important decisions like disaster declarations are based on merit."
Coburn spokesman John Hart said the senator's amendment would require that FEMA make available a summary of damage assessment data used in determining eligibility for major disaster assistance.
"We initially asked for complete disclosure of all data, but this is the best we could get," Hart said.
"Our hope is that making this process more transparent will help taxpayers and members of Congress determine if FEMA's decisions are fair, objective and based solely on merit."
Phil Bacharach, spokesman for Henry, said the governor had not discussed the amendment with Coburn.
Bacharach defended the state's application, describing it as a "strong and clear case" for the need for individual assistance.
Oklahoma officials, he said, were frustrated and baffled by FEMA's denial.
"The governor appreciates Senator Coburn's transparency amendment and believes that increased openness at FEMA is a step in the right direction," Bacharach said.
In a letter to U.S. Sen. Tom Coburn, R-Okla., David Garratt, FEMA's acting assistant administrator, said "specific pre-decisional data" cannot be released by law even in response to a request under the Freedom of Information Act.
Coburn had sought the information in April, saying FEMA's lack of explanation on why it denied Oklahoma's request was unacceptable.
He also said Oklahomans' confidence in FEMA had been shaken and suggested the only way that confidence could be restored was through a willingness to explain such decisions in detail.
Coburn was joining Gov. Brad Henry and others in expressing frustration over the way Henry's request for individual assistance was handled, especially after assistance was granted following earlier storms. Garratt met with Coburn and his staff and followed that up with his letter.
"As noted in the briefing provided to you, by law, specific pre-decisional data used in determining a state's eligibility for disaster assistance cannot be publicly released even under a Freedom of Information Act request," he wrote.
His letter also spelled out a number of factors that go into FEMA's handling of requests for assistance.
Garratt wrote that governors must certify that an event is beyond the combined capabilities of state and local governments, adding that Henry's request was denied based on a decision that the ice storm was not beyond Oklahoma's response ability.
It was unclear whether Coburn, who had threatened aggressive oversight in this area, was satisfied with FEMA's response.
He has sponsored an amendment designed to make the process more open and transparent. That language was attached to a major spending bill.
In a statement released after his communication with Garratt, Coburn said the agency was "unwilling" to share information used in deciding whether to deny individual assistance to Oklahomans.
"Many Oklahomans were given the impression FEMA based its decisions on something other than merit," he said.
"To regain the trust of the American taxpayer, FEMA must be open and transparent to ensure that in times of emergency important decisions like disaster declarations are based on merit."
Coburn spokesman John Hart said the senator's amendment would require that FEMA make available a summary of damage assessment data used in determining eligibility for major disaster assistance.
"We initially asked for complete disclosure of all data, but this is the best we could get," Hart said.
"Our hope is that making this process more transparent will help taxpayers and members of Congress determine if FEMA's decisions are fair, objective and based solely on merit."
Phil Bacharach, spokesman for Henry, said the governor had not discussed the amendment with Coburn.
Bacharach defended the state's application, describing it as a "strong and clear case" for the need for individual assistance.
Oklahoma officials, he said, were frustrated and baffled by FEMA's denial.
"The governor appreciates Senator Coburn's transparency amendment and believes that increased openness at FEMA is a step in the right direction," Bacharach said.
