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FEMA Independence and Hazard Emergency Management Bills

November 5, 2009

Norton Supports FEMA Independence and FEMA and Hazardous Emergency Management Bills Pass

WASHINGTON -- The Committee on Transportation and Infrastructure, on which Congresswoman Eleanor Holmes Norton (D-DC) serves, today marked up and ordered favorable reports to the House of Representatives on several bipartisan bills and resolutions, including legislation to reestablish the Federal Emergency Management Agency as an independent, cabinet-level agency. All bills and resolutions considered at today's markup were approved by voice vote.

H.R. 1174, the FEMA Independence Act of 2009, transfers FEMA from the Department of Homeland Security, and restores it as an independent agency. It requires the FEMA Administrator to report directly to the President. The legislation affirms FEMA's mission to reduce the loss of life and property and protect the nation from all hazards through a comprehensive emergency management system of preparedness, response, recovery, and mitigation.

"During the 18 hearings of our subcommittee on FEMA, we have been concerned about how little autonomy FEMA has had even after the Post-Katrina Act strengthened its independence within DHS," said Norton, chair, Subcommittee on Economic Development, Public Buildings and Emergency Management. "In light of FEMA's continuing problems, the burden is on those who oppose structural change to assure that the agency is capable of being more nimble and proactive than we have seen."

Specifically, H.R. 1174 requires FEMA to be led by an Administrator and a Deputy Administrator with extensive experience in emergency management; maintains and strengthens FEMA's regional structure by authorizing ten regional offices and three area offices; and retains within FEMA responsibility for core emergency management programs and functions currently administered by the agency. Oberstar offered an amendment, which was approved, clarifying that a newly-independent FEMA will lead the federal effort to assist state and local governments in preparing for any hazard - whether a natural disaster, man-made incident, or act of terrorism. The legislation, as amended, will not affect DHS' efforts to provide financial assistance for and oversight of terrorism prevention and protection programs, such as law enforcement and intelligence activities. Additionally, Oberstar's amendment establishes a new Urban Area All Hazards Preparedness Grant Program making urban areas eligible to receive all hazard preparedness funding directly, which currently is only available through states.

"Oversight hearings held by our committee since 2003 have shown a clear correlation between the absorption of FEMA into DHS and the stark deterioration of FEMA's effectiveness in response and disaster assistance. Since becoming a part of DHS, FEMA has lost the ability to make decisions quickly and the flexibility to shift course as events change. FEMA's emergency management mission has been distorted by a focus on terrorism, and it has been starved of sufficient funding and experienced personnel," said Oberstar. "By removing FEMA from the unwieldy bureaucracy within DHS that has hindered the agency's disaster response and recovery efforts for the past several years, this legislation reestablishes FEMA's flexibility, capacity for quick decision-making, and effectiveness"

The T&I committee also passed H.R. 3377, the Disaster Response, Recovery, and Mitigation Enhancement Act of 2009, which amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act. This legislation, as amended, reauthorizes the federal governments' all hazard preparedness and mitigation programs, which help communities prepare for, respond to, recover from, and mitigate the broad range of hazards our nation faces every day.

This bill reauthorizes core FEMA programs and activities, including the Pre-Disaster Mitigation Program, through fiscal year 2012 at a level of $250 million per year. Additionally, H.R. 3377 codifies programs that FEMA is currently administering under the authority of the Stafford Act, but which are not expressly authorized in statute, such as the National Urban Search and Rescue System. H.R. 3377 restores an essential program, the Mortgage and Rental Assistance program, which was eliminated in 2000. Additionally, the legislation amends eligibility under certain FEMA programs, including the Hazard Mitigation Grant Program, by creating incentives for better building codes. The bill requires FEMA to consider the recommendations of the National Commission on Children and Disaster and the National Council on Disabilities, which were presented at a Economic Development Subcommittee hearing last month.

"While I firmly believe that the best course of action to improve FEMA's performance in disaster response and recovery is to remove the agency from the DHS bureaucracy, the reforms included in this legislation are necessary and constructive, separate from the FEMA independence legislation.H.R. 3377 makes needed improvements to the PDM program, including requiring that projects are selected through a competitive process. This important program will sunset on September 30, 2010, unless Congress acts," said Oberstar. "The legislation also directs the President to modernize the integrated public alerts and warning system to help ensure that our nation's warning systems are prepared for all hazards."

"This bill, which results from a series of our subcommittee's hearings, includes important ways to protect lives and property danger in major disasters: pre-disaster mitigation, which saves three dollars for every one dollar invested; an urgently needed national integrated public alert warning system to replace the cold war system now in place; and the requirement that FEMA include children and people with disabilities in all emergency planning," said Norton.

The committee also approved H. Res. 841, expressing support for designation of November 29, 2009, as "Drive Safer Sunday." In addition, the committee approved 20 General Services Administration Capital Investment and Leasing Program Resolutions, comprised of 15 lease resolutions and five construction resolutions. Five lease resolutions included in the package require GSA and the Office of Management and Budget to take specific actions to move employees to government-owned space.

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