FCO and/or PFO Still an Issue

This CRS extact below highlights the differences in opinions on the need for a PFO vs. just the FCO position during declared disasters.

Excerpt from CRS Report on NRF, November 2008

Confusion Concerning the FCO and the PFO. One frequent criticism
of the NRP was the ambiguity surrounding the relationship and role of the Federal
Coordinating Officer (FCO) and the Principle Federal Officer (PFO).

The FCO determines the types of relief most urgently needed, establishes field
offices, and coordinates relief efforts.28 The FCO position is authorized by the
Stafford Act. Immediately upon declaring a major disaster, Section 302(a) of the
Stafford Act requires the President to appoint an FCO.29

The PFO, on the other hand, is not a legislatively authorized position. Rather,
the PFO position was created by DHS in the NRP. The PFO is designated by the
Secretary of DHS and represents the Secretary as the leading federal official and
serves as the primary point of contact for state and local officials. In Hurricane
Katrina, Michael Brown, who was serving as the Director of FEMA, was additionally
designated as the PFO. William Lokey served as the FCO for Louisiana. To some
observers (such as the Inspector general for DHS), these roles created a great deal of
confusion during Hurricane Katrina, because it appeared that two people were in
charge of the relief operations.30

Congress focused on the confusion involving the PFO in the Consolidated
Appropriations Act, 2008 (P.L. 110-181). Section 526 of the act states that "none of
the funds provided by this or previous appropriations Acts shall be used to fund any
position designated as a Principal Federal Official for any Robert T. Stafford Disaster
Relief and Emergency Assistance Act declared disasters or emergencies."

To date, the PFO and FCO arrangement remains in the NRF. However, FEMA
has pointed out that since the implementation of the NRF, the PFO position has not
been used. Some have indicated that the position may be in the process of being
phased out.31 However, DHS Secretary Chertoff designated PFOs before the start of
the 2008 hurricane season. The move was viewed as controversial by some. House
Transportation and Infrastructure Committee Chairman James Oberstar reportedly
focused on the fact that Congress had effectively eliminated the position, and that
designating PFOs violated the Consolidated Appropriations Act.32 As previously
pointed out, the PFO position has not been used since the NRF was implemented.