Schumer Secures Commitment from FEMA Head to Take Personal Look at $4M Bill Levied on Buffalo After Cleanup from 06' Storm; FEMA Administrator is Not Bound by IG's Recommendation

Press Release

Today, U.S. Senator Charles E. Schumer announced that he secured a personal commitment from the Administrator of the Federal Emergency Management Agency (FEMA), William Craig Fugate, to take a personal look at the final inspector general's report that claims FEMA overpaid Buffalo by $4M for the city's response to an October 2006 storm that required an unprecedented effort for cleanup.

The now infamous 2006 storm, the "October Surprise,' nearly shut down the city as trees and power lines were brought down due to snow and ice. A state of emergency was declared and FEMA reimbursed the city for all its expenses, but the Department of Homeland Security's Inspector General recently claimed that some of Buffalo's expenses did not comply with federal procurement standards and now wants $4M back. Following FEMA's $4 million claim against the city, Schumer joined with other members of the New York delegation to write a letter to Administrator Fugate and then Schumer requested a personal meeting with Fugate to further make Buffalo's case. Schumer and Fugate had a positive meeting where the Administrator said that he would personally look at the final inspector general's report. Fugate also said FEMA was not required to abide by the IG report if it came to a different conclusion.

"I'm glad FEMA is going to go back and rethink this outrageous claim against Buffalo," Schumer said. "Buffalo took on an unprecedented storm, did an incredible job, and did it working hand-in-hand with local FEMA officials. There's no way the people of Buffalo should be punished for doing the right thing and keeping the residents safe during a dangerous storm."

In October of 2006, the city of Buffalo was hit with a massive storm that has come to be known as, "the October Surprise." The storm brought a crushing blow to the entire city- bringing down countless trees, power lines and nearly paralyzing essential services like emergency medical care and emergency first responders. At the time, the city of Buffalo took strong and decisive action to get the city back on its feet and ensure that citizens could still receive emergency services. Buffalo declared a state of emergency which was echoed by the county, state and federal governments. The city worked hand-in-hand with state emergency officials and local FEMA officials in order to get critical resources working right away.

The unusual nature of the storm required a massive cleanup effort so the city had to immediately hire outside contractors from throughout the country just to get the city back to a functioning capacity. After working with the city and state emergency officials during the storm, FEMA approved the city's expenditures and fully reimbursed the city for the costs of storm and the subsequent cleanup. Four years later, the Department of Homeland Security's Inspector General's Office performed a preliminary audit of the city's expenses from the storm, but did not to take into account the public exigency when evaluating the city's procurement methods and final cleanup expenses. The Inspector General's office did not fully appreciate the need for Buffalo to act quickly during this crisis, and it compared Buffalo's expenses to those of suburban Buffalo communities, which is an unfair comparison. Buffalo has rebutted the Inspector General's audit and this rebuttal is currently under DHS review.

The claim against the city comes during a time when many local governments are strapped for cash and still reeling from the recession. After the claim, Schumer joined with four other members of the New York delegation including Mayor Byron Brown, in a letter to Fugate asking him to use his authority as Administrator of FEMA to recognize the extraordinary nature of the storm and drop the agency's claim against the city. Shortly after sending the letter, Schumer requested a personal meeting with Administrator Fugate to further press Buffalo's case and make clear the severity of the storm and how seriously the claim would hurt the city of Buffalo. The initial claim against the city was issued by Department of Homeland Security's Inspector General, Richard Skinner. Although FEMA is situated within the Department of Homeland Security, the Administrator of FEMA has the power to accept, reject or make changes to any finding by the Inspector General. In this case, Fugate is not bound by the IG's decision and could come to a different conclusion.

Schumer added, "Buffalo did the right thing during this storm and we should be rewarding them instead of punishing them- that's what I'm committed to making sure happens and this news is a big step towards that."

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