This section of Solutions for America discusses current issues on Homeland Security, including problems with FEMA and a lack of state and local authority. It goes on to describe approaches for fixing these issues.

1. Vol. 14 – August 17, 2010
The Federalization of Homeland Security
THE ISSUE: • States and Localities Have No Real Say. State and
local governments have far more individuals involved in
In the years since it was created, the Department of domestic security than the federal government has. In
Homeland Security has spent more than $250 billion, yet fact, the state and local personnel advantage is roughly
many key homeland security areas continue to produce 2,200,000 to 50,000. As for funding domestic secu-
weak outcomes as more programs federalize traditional rity, the eight-year combined budget for DHS and the
state and local activities. From the pork-barrel nature of Department of Justice is roughly $323 billion. The total
homeland security grants to the massive federalization of eight-year homeland security budget for just the top 26
natural disasters to the fed-centric approach to domestic states and the District of Columbia is at least $220 bil-
counterterrorism, the more power that is exerted inside the lion, or 68 percent of the combined DHS and DOJ bud-
Beltway, the more the role of states and localities is weak- get. When the homeland security budgets of the remain-
ened. With far more resources (time, people, money, and ing 24 states and thousands of cities and counties are
expertise), states and localities are ideally suited to lead factored in, state and local homeland security spending
our domestic homeland security enterprise. The proper certainly exceeds federal spending.
role of the federal government is to provide a broad policy
architecture and to work as a true partner with states and • States and Local Governments Need a Leadership
localities. Role in Responding to All Kinds of National Disasters.
Federal laws, in some cases, undermine the authority of
state and local governments during disaster response.
THE FACTS:
For example, the federal response to the Deepwater
• Pork and Politics Drive Grants. The 9/11 Commission Horizon spill was conducted under the authorities of the
said that homeland security grants were becoming Oil Pollution Act of 1990, using existing plans and proce-
pork-barrel legislation. The commission was right. DHS dures for responding to “spills of national significance.”
continues to hand out grants based on highly suspect This approach put the federal response at odds with state
criteria to too many undeserving jurisdictions that are and local authorities, who are more practiced and famil-
subject to little or no risk. iar with responding to large-scale disasters under the
National Response Framework and the Robert T. Stafford
• FEMA Does Too Much. In the short span of 16 years,
Act, where they are supported by rather than subservient
the yearly average of Federal Emergency Management
to federal authorities. As a result of conflicting expecta-
Agency declarations tripled from 43 under President
tions, the federal government was unable to organize
George H. W. Bush to 89 under President Bill Clinton
effective recovery and response operations before major
to 130 under President George W. Bush. In his first
oil flows made landfall, damaging sensitive marshlands,
year, President Barack Obama issued 108 declara-
forcing the closing of fishing grounds, and making tourist
tions—the 12th highest number in FEMA history—
beaches off-limits. Federal efforts should empower, not
without the occurrence of one hurricane or other major
hamstring, the ability of state and local governments to
disaster.
take the initiative during any disaster.
heritage.org/solutions
Protect America
The 21st century will be a dangerous place if America fails to protect itself and its allies. This product is part of the
Protect America Initiative, one of 10 transformational initiatives in our Leadership for America campaign.

2. In 2010, Washington Will Spend $30,543 per Household
THE SOLUTIONS: INFLATION-ADJUSTED DOLLARS (2010)
Key Jurisdictions Receiving Funds from the Department of Homeland Security
• Reform the Homeland
Key Jurisdictions Receiving Funds from the
$40,000
Twenty-six states, the District of Columbia and 43 designated Urban Areas Security Initiative (UASI) jurisdictions received
2020:
Security Grant Structure. Department of Homeland Security
at least $15 million from the DHS from fiscal year 2003 to fiscal year 2007. See following pages for state-by-state data.
$35,604
Congress should reduce 2010:
the number of Urban Areas $30,543
$30,000 WA
Security Initiative–eligible 2007:
cities to the 35 highest-risk 1990: $24,817
OR 2000: MN
cities and use coopera- $22,027 $21,875 WI NY MA
tive agreements instead of MI
$20,000
grants. With cooperative PA
NJ
agreements, the federal gov- NV
IL
IN OH
MD
ernment and the states and CA CO
DC
localities can sit down as MO
KY
$10,000
true and equal partners and AZ TN
NC
negotiate outcomes at the
beginning, including cover-
Projected
GA
ing programmatic and finan- LA
TX
$0
cial oversight requirements,
and then direct funds to 1990 1995 2000 2005 2010 2015 2020
achieve those desired out- Source: Office of Management and Budget, Budget of the United States Government, FY 2011, Historical Tables, Table 1.1,
FL
Areas Receiving at Least
at http://www.whitehouse.gov/omb/budget/Historicals (April 26, 2010); Congressional Budget Office, “An Analysis of the
comes without the need for $15 Million from DHS,
President’s Budgetary Proposals for Fiscal Year 2011,” March 2010, at http://www.cbo.gov/ftpdocs/112xx/doc11280/
frontmatter.shtml (April 26, 2010). HouseholdHItotals based on U.S. Census2003–FY 2007
FY Bureau data.
yearly applications.
Counties Cities heritage.org
• Modify the Stafford Act to Source: The Heritage Foundation. Map 1 • ArticleName heritage.org
Curb the Federalization
of Natural Disasters. Congress should establish clear and policies. These have proven inadequate. By law, a
requirements that limit the types of situations in which Council of Governors has been established to advise
declarations can be issued—eliminating some types of the Department of Defense on matters relating to the
disasters entirely from FEMA’s portfolio. Furthermore, National Guard. Similar initiatives may be applicable for
Congress should reduce the cost-share provision for homeland security. In addition, a means must be estab-
all FEMA declarations to no more than 25 percent of lished to provide appropriate representation of state,
the costs. local, and tribal perspectives in the formulation of policy
on homeland security issues within the National Security
• Give States and Localities a Seat at the National
Council staff.
Policy Table. To ensure that their equities are rep-
resented, state and local governments should be • Establish Synchronized Federal Response Efforts that
provided with a permanent and direct representative Respect Federalism. Responses to Spills of National
group within the executive branch that allows them Significance should be managed under the National
to participate in the formation of policy from inception Response Framework. The Oil Pollution Act of 1990
to execution. Currently, state, local, and tribal authori- should be amended to make oil spill responses consis-
ties provide input through instruments such as the tent with the Robert T. Stafford Act’s intergovernmental
Department of Homeland Security’s Advisory Council approach. Likewise, legislation governing response to
(HSAC) and through agencies requesting comment or other major types of national disasters should be made
consultation from stakeholders on proposed programs consistent with the National Response Framework.
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