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Congressman
Gary Ackerman

5th District - New York
Queens and Long Island

ACKERMAN BLASTS FEMA’S PLAN FOR DISTRIBUTION

OF FUNDS TO 9/11 EMERGENCY WORKERS

CALLS PLAN "INCOMPLETE, INCOHERENT AND IRRESPONSIBLE"

U.S. Rep. Gary Ackerman (D-Queens/L.I.) today denounced the Federal Emergency Management Agency (FEMA) for failing to provide a clear path to the $10.5 million raised by sales of the 9/11 Heroes Stamp for the families of first responders killed and those permanently disabled in the September 11 attack. The 9/11 Heroes Stamp, a United States Postal Service (USPS) ‘seimpostal’ stamp that was on sale from 2002 through 2004, raised the funds that FEMA is responsible for distributing.

 This week, after almost seven months of waiting, FEMA published a plan—formally known as an interim final rule— for the 9/11 Heroes Stamp Act. The FEMA rule failed to include a specific date for when 9/11 first responders and their families would be able to apply for the funds and only stated that the application period would be announced in a future notice.

“FEMA’s rule for the 9/11 Stamp, is incomplete, incoherent, and irresponsible” Ackerman said. “FEMA has taken more than six months to write a rule that falls far short of providing the 9/11 first responders and their families the clear and specific guidelines they deserve in order to apply for funds from the 9/11 Stamp.” 

Ackerman noted that "since last fall, I have tried again and again to work with FEMA on this rule so that 9/11 first responders and their families could start collecting the funds raised by the 9/11 Heroes Stamp. But at every step, FEMA—which does a spectacular job responding to disasters and emergencies throughout the country—refused to accept input or provide any feedback as to the content of the rule or when it would be published. I have enormous respect and admiration for what FEMA does in crises, which is why I’m so disappointed in this rule. Unfortunately, more than 45 months since the stamp was created, 38 months since the stamp went on sale, and more than six months since beginning work on the rule, what’s been produced is, frankly, half-assed bureaucratic bullshit. New York's best and bravest deserve far, far better than this."

             “The only deadlines the FEMA rule imposes are on first responders and their families” Ackerman added. “The rule has a truncated public comment period and automatically becomes effective at the end of 30 days. This cuts off public debate and provides no assurance that public comments will be at all considered. In my view, this rule makes the first responder, or the first responder’s family, completely subject to the whims of bureaucrats in FEMA, while protecting those bureaucrats from any accountability. Unless FEMA responds immediately, Congress may have to act to protect the families of first responders from arbitrary and capricious actions" Ackerman said.

            Ackerman pointed out that "the FEMA rule does not set up a clearly defined application period for claimants. There is no date for submission of applications by claimants nor does it state when FEMA will establish that date for submission of applications. The FEMA rule gives absolutely no clue as to how much time claimants will be given to complete their applications. Worse, the rule does not even require FEMA to determine a claimant’s eligibility in a timely manner, and there is no specified deadline for FEMA to respond to the claimant’s application. While the rule requires a claimant to file an appeal within 60 days of FEMA’s determination of ineligibility, there is absolutely nothing-- zilch, nada-- that requires FEMA to respond to the appeal in a timely manner.”

 Ackerman continued, “The rule also fails to establish any timeframe for FEMA to distribute funds to an eligible claimant. FEMA also unilaterally and inexplicably decided to completely exclude 9/11 first responders who suffered permanent emotional disability from applying to the fund. And, as one might expect of a government bureaucracy, the rule deliberately fails to specify who within FEMA will be reviewing applications and making determinations that affect 9/11 first responders and their families. This is simply unacceptable.”

The 9/11 Heroes Stamp Act of 2001 was authored by Congressman Ackerman and U.S. Sen. Hillary Rodham Clinton (D-NY). The President signed the Act into law on November 12, 2001. Under the Act, USPS issued a special semipostal stamp in May 2002, that sold for $.45, and paid first class postage of $.37 with an $.8 surcharge to benefit permanently disabled first responders and families of first responders killed on 9/11. 

Under this law, the proceeds from the sale of the 9/11 Heroes Stamp were directed to FEMA for distribution to provide assistance to the families of law enforcement, firefighters and other emergency relief personnel killed or permanently disabled in connection with the terrorist attacks against the United States on September 11, 2001. As established in the Act, the 9/11 Heroes Stamp was withdrawn from sale on December 31, 2004 with 132.9 million 9/11 Heroes Stamps having been sold.

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