Washington, DC – Rep. Dave Reichert (WA-08), Chairman of the Subcommittee on Emergency Preparedness, Science, and Technology, detailed the comprehensive FEMA reform legislation he originally introduced in the National Emergency Management Reform and Enhancement Act of 2006 that was included in the Department of Homeland Security Appropriations Act for FY07, H.R. 5441, which passed the House today, 412-6. This emergency management reform legislation that the House and Senate agreed upon represents a bi-partisan, bi-cameral commitment to a comprehensive 21^st Century approach to emergency management. It is the broadest reform to the Department of Homeland Security since Congress created the Department.

“The idea of fixing FEMA has been on the forefront of the American consciousness since Hurricane Katrina last year--in fact, if you Google the term ‘FEMA Reform’ about 2 million hits will pop up,” Chairman Reichert said. “Following the disastrous response to Hurricane Katrina, Congress owed it to the American people to respond to subsequent threats with an overwhelming capability that draws on the best of our entire country. Congress is often criticized for failing to act in the best interests of Americans. Partisan bickering is often the reason given for inaction. However, in the wake of Hurricane Katrina, Congress acted with due diligence and in good faith to provide real reform of emergency response capabilities in this country.

"Chairman Reichert was the driving force behind this legislation," Chairman of the House Homeland Security Committee Peter King said. "Without his leadership and 30 years of law enforcement experience, these comprehensive reforms never would have been possible."

Chairman Reichert continued, “Some pushed for the immediate inclusion of a new $3-4 billion grant program for emergency communications. As the Chairman of the Emergency Preparedness Committee and the author of the 21st Century Emergency Communications Act, I held four hearings on this issue and listened to countless hours of testimony. What I heard was that before we throw more money at the problem, we have to establish standards and ensure that states have Statewide Interoperable Communication Plans in place. An emergency communications grant program will be necessary following the implementation of a set of national standards and the completion of the baseline assessment of emergency communications needs. However, to establish one prior to enacting these reforms would be premature and fiscally irresponsible.

“I will continue to exercise oversight on emergency response capabilities in this country, and will continue to work in a bi-partisan way to ensure that needs are addressed and that Americans are protected. Protecting Americans should always rise above politics. As one of the principal authors of the compromise, I can say with certainty that due to the efforts of all those at the negotiating table, we have now given FEMA the tools and autonomy it needs in order to provide coordinated, effective and timely emergency response in this country.”

In order to bring this legislation to the House floor, Chairman Reichert navigated the jurisdictions of four different House Committees, worked in a bi-partisan way to garner support from Members on both sides of the aisle, and worked across the Capitol with his colleagues in the Senate to garner support for the legislation in the upper body as well.

The “Post-Katrina Emergency Management Reform Act of 2006”:

·         Elevates the standing of the Federal Emergency Management Agency (FEMA) within the Department of Homeland Security by promoting the Administrator of FEMA to the level of Deputy Secretary and requires that the Administrator possess a demonstrated ability in and knowledge of emergency management and homeland security and at least five years of executive leadership and management experience;

·         Directs the Administrator to serve as the principal advisor to the President, the Homeland Security Council, and the Secretary of Homeland Security for all matters relating to emergency management and permits the President to designate the Administrator as a member of the Cabinet in the event of natural disasters, acts of terrorism, and other man-made disasters;

·         Restores the nexus between emergency preparedness and response by transferring the personnel, assets, components, programs, and liabilities of the Directorate of Preparedness as of June 1, 2006 to FEMA;

·         Provides statutory protections to FEMA, like those provided to the U.S. Coast Guard by: (1) maintaining FEMA as a distinct entity within the Department; (2) preventing the transfer of FEMA authorities, functions, personnel, assets and funds; and (3) limiting the reprogramming and transfer of FEMA’s funds;

·         Establishes robust Regional Offices, Regional Advisory Councils, and multi-agency Regional Strike Teams to ensure effective coordination and integration of regional preparedness, protection, response, mitigation, and recovery activities with State, local, and tribal governments, emergency response providers, emergency managers, and other stakeholders;

·         Clarifies the chain of command during the Federal response to natural disasters, acts of terrorism, and other man-made disasters by prohibiting the Principal Federal Official (PFO) from directing or replacing the incident command structure at an incident and by limiting the PFO’s authority over Federal and State officials, including the Federal Coordinating Officer;

·         Directs the Department to release its Federal catastrophic emergency plan and provides guidelines and funding for State, local, and tribal governments to develop catastrophic mass evacuations plans; and

·         Establishes a Chief Medical Officer to coordinate DHS’ activities related to medical preparedness and response, bio-surveillance and detection, and other medical and public health issues.

Subtitle B – Personnel Reforms and Emergency Management Capabilities

Chapter 1 – Federal Emergency Management Agency Personnel

·         This Chapter amends Title V of the U.S. Code by adding a new Chapter 101 – Federal Emergency Management Agency Personnel.  Among other things, the new Chapter 101:

·         Provides the Administrator of the Federal Emergency Management Agency (FEMA) a number of tools for rebuilding FEMA’s professional and reserve workforces, including a strategic human capital plan, recruitment and retention bonuses, and professional development and education; 

·         Establishes a Goldwater-Nichols-like Homeland Security Rotation Program for employees of the Department to broaden their knowledge through exposure to other components of the Department and build professional relationships and contacts among Departmental employees;

·         Establishes a Homeland Security Education Program to provide graduate-level educational opportunities for senior Federal officials and selected State and local officials with homeland security and emergency management responsibilities;

·         Requires the FEMA Administrator to establish and implement a Surge Capacity Force for deploying individuals to respond to natural disasters, acts of terrorism, and other man-made disasters;

Chapter 2 – Emergency Management Capabilities

·         This Chapter develops specific Federal, State, and local capabilities necessary for managing disasters of all types, such as: 

·         Requiring States to prepare Catastrophic Incident Annexes to their State Emergency Management Plans that are consistent with Catastrophic Incident Annex of the National Response Plan;

·         Establishes Federal and regional emergency support and response teams;

·         Authorizes the Urban Search and Rescue System and the Metropolitan Medical Response System;

·         Establishes a pre-positioned equipment program to pre-position standardized emergency equipment across the country; and

·         Authorizes FEMA to disclose evacuee information to law enforcement agencies to track sex offenders.

Subtitle C – Comprehensive Preparedness

·         Subtitle C establishes an all hazard national preparedness goal and system for bringing direction, professional expertise, and accountability to Federal, State, and local preparedness activities. Responsibility for managing disasters is vested jointly between the Federal and State governments. This subtitle codifies major elements of Homeland Security Presidential Directive 8 on national preparedness.  Components of the national preparedness system include:

• A national advisory council of state and local professionals;
• National planning scenarios;
• Target capabilities or recommended preparedness levels;
• Training and exercises;
• A comprehensive assessment system and remedial action program; and
• Federal preparedness requirements.

Subtitle D – Emergency Communications

·         This subtitle amends the Homeland Security Act by adding a new Title XVIII—Emergency Communications. Among other things, the new Title XVIII:

·         Elevates the importance of emergency communications within the Department by establishing an Office of Emergency Communications and a Director for Emergency Communications, who – along with the Directors of the National Communications System and the National Cyber Security Division – will report to the Assistant Secretary for Cybersecurity and Communications;

·         Consolidates the Department’s non-science and technology aspects of emergency communications, including the SAFECOM Program, the Integrated Wireless Network, and the Interoperable Communications Technical Assistance Program, and clarifies that the Science and Technology Directorate should focus its responsibilities on standards and the research, development, testing, and evaluation of emergency communications technologies;

·         Requires a National Emergency Communications Plan that sets goals and timeframes for: 
(1) supporting and promoting the ability of emergency response providers and relevant government officials to continue to communicate in the event of a catastrophic loss of local and regional emergency communications services; and (2) ensuring, accelerating, and attaining interoperable emergency communications;

·         Requires the Director to conduct a nationwide baseline assessment of emergency communications needs and to submit periodic assessments to Congress on the Department’s progress in achieving the goals of, and carrying out its new responsibilities, under Title XVIII;

·         Makes the use by State, local, and tribal governments of homeland security assistance administered by the Department for emergency communications contingent on Department-certified Statewide Interoperable Communication Plans and the development and promulgation of national voluntary consensus standards for emergency communications capabilities;

·         Establishes Regional Emergency Communications Coordination Working Groups in each FEMA region to ensure effective coordination and integration of regional emergency communications capabilities; and

·         Establishes an Emergency Communications Preparedness Center to serve as the focal point for Federal interagency efforts and to coordinate the development of the Federal aspects of the National Communications Plan.

Subtitle E – Stafford Act Amendments

·         Subtitle E improves existing disaster relief authorities by providing the President additional program flexibility, financial incentives to control costs, and by addressing unique aspects of catastrophic disasters. The subtitle maintains the primacy of State governments and the supporting role of Federal assistance under the Stafford Act. Among other things, this subtitle:

• Requires national disaster recovery and housing strategies to clearly define the roles and responsibilities of federal agencies and other organizations during large scale disasters;
• Provides the President additional flexibilities under the individual assistance program to limit the excessive use of trailers in future disasters;
• Increases flexibility and imposes a total assistance cap on mitigation programs;
• Allows the President to appoint a multi-state Federal Coordinating Officer;
• Requires the development of capabilities necessary to meet the needs of individuals with disabilities;
• Requires FEMA to develop a voluntary family registry and locator system and to coordinate with the National Center for Missing and Exploited Children in the Center’s development of a National Emergency Child Locator Center;
• Authorizes the President to provide transportation assistance to return evacuees to their residences;
• Creates a housing pilot program to reduce the need for large scale trailer parks; and
• Creates a public assistance pilot program to create financial incentives to reduce total costs, prevent fraud, and expedite completion of two of the most expensive aspects of federal disaster assistance:  debris removal and the reconstruction of public facilities.

Subtitle F – Prevention of Fraud, Waste, and Abuse

·         Subtitle F seeks to reduce disaster expenditures by utilizing competitive pre-disaster contracts as much as possible, limiting the use of sole source or non-competitive contracts in the immediate aftermath of a disaster, and limiting the number of subcontractor levels in disaster contracts.

·         Subtitle F provides greater accountability against fraud and abuse by developing internal management controls, fraud prevention training, and allowing the inspectors general of other federal agencies to use a portion of their disaster relief funds for oversight activities.

Subtitle G – Authorization of Appropriations

·         The legislation increases authorization levels for a select few programs and FEMA’s core operating budget:

• Urban Search and Rescue increases by $20 million for FY08.
• Metropolitan Medical Response increases by $30 million for FY08.
• Emergency Management Performance Grant increases by $175 million for FY08.
• Emergency Management Assistance Compact authorized at $4 million for FY08.
• FEMA’s two operating accounts increase by 10% per year for 3 years.