[Congressional Record Volume 151, Number 157 (Thursday, December 8, 2005)]
[Extensions of Remarks]
[Page E2492]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INTRODUCING THE FEDERAL EMERGENCY MANAGEMENT AGENCY RESTORATION ACT
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HON. JAMES L. OBERSTAR
of minnesota
in the house of representatives
Thursday, December 8, 2005
Mr. OBERSTAR. Mr. Speaker, today I, together with Subcommittee
Ranking Democratic Member Norton, and 30 other Democratic Members of
the Transportation and Infrastructure Committee (the Committee), have
introduced the ``Federal Emergency Management Agency Restoration Act of
2005''. This bill will reestablish the Federal Emergency Management
Agency (FEMA) as an independent, cabinet-level agency. It will further
strengthen the agency by ensuring that the FEMA Director is chosen from
among qualified candidates who have extensive experience in the areas
of emergency preparedness, response, recovery, and mitigation for all
hazards. This bill will begin the process of restoring FEMA to a level
of competence that the American people expect and deserve.
Moving FEMA into the Department of Homeland Security (DHS) was the
wrong thing to do. It trapped the agency--an agency that needs to be
nimble and be able to marshal resources quickly--in a bureaucratic
morass. During its time in DHS, FEMA has been partially dismantled,
been bled of necessary resources, been unable to fill key management
positions on a permanent basis, been unable to make timely decisions to
deal with emergencies, and has been forced to focus on terrorism at the
expense of natural disasters. FEMA's response to the natural disaster
of Hurricane Katrina was itself a disaster.
Although I am saddened by FEMA's current troubles, I am not
surprised. Three years ago, during consideration of H.R. 5005, the
Homeland Security Act of 2002, I offered an amendment to keep FEMA
independent from the Department of Homeland Security. I, along with
many other Democrats, feared that including FEMA in the new Department
would undermine its effectiveness by diverting resources away from its
traditional mission of preparing for and responding to natural
disasters, thereby leaving the federal government unprepared to respond
to a disaster like Hurricane Katrina.
Further in testimony before the Select Committee on Homeland Security
in July 2002, in response to a question by Select Committee Member
Congresswoman DeLauro, I set forth what I believed to be the dangers of
moving FEMA to the newly-created Department.
Congressman DeLauro: Let me ask a question with regard to
FEMA. You've recommended keeping FEMA as a separate agency
but would coordinate with a DHS in the event of a terrorist
attack. How do you think that moving FEMA into the Department
of Homeland Security would affect our ability to respond to
hurricanes, other natural disasters, and how do you envision
the FEMA-DHS coordination being carried out?
Congressman Oberstar: FEMA started out as the civil defense
agency. . . . And then moved into, as the Cold War wound
down, assuming broader responsibilities as our nation's
premier disasters assistance and response agency. To move it
into this new Department of Homeland Security without a
clearly defined homeland security role is, my judgment, a
mistake. We have not seen a delineation of what is homeland
security compared to response to floods, hurricanes,
blizzards, earthquakes, tornadoes. You know, when your home
is underwater up to the eaves are you going to wonder, where
is FEMA? Are they on some mission lookingfor terrorists or
are they going to be on a mission looking for your lost
children and rescuing you from the rooftop of your home?
[emphasis added].
The bill I introduce today will help FEMA get back on track. By
establishing FEMA as a cabinet-level independent agency in the
executive branch, the bill ensures that FEMA is not trapped in a
massive department in which the Director of FEMA must work through
levels of bureaucracy before taking appropriate action.
In Committee hearings held in October 2005, emergency management
officials from across the Nation testified that they believed FEMA
needs to be moved out of DHS in order for it to function effectively.
The Transportation and Infrastructure Committee plans additional
hearings early next year to discuss the direction of FEMA and how to
improve our preparedness and response to major disasters. I hope that
Secretary Chertoff, the Secretary of the Department of Homeland
Security, will respond favorably to the Committee's request to testify
at one of these hearings.
Mr. Speaker, I believe that this bill will begin the process of
restoring FEMA as a first-class agency able to prepare for, respond to,
and recover from both natural and man-made disasters. On September 6,
2005, when Congress returned from the August recess, Congresswoman
Norton, the Ranking Democratic Member of the Subcommittee on Economic
Development, Public Buildings, and Emergency Management, and I
introduced H.R. 3659, a bill to move FEMA out of the Department of
Homeland Security and reestablish its independence. This bill builds
upon H.R. 3659 by strengthening the qualifications for the FEMA
Director and establishing the position of Deputy Director, who is to
serve as a liaison to the Department of Homeland Security in the event
of an act of terrorism, and act for the Director when the Director is
absent, unable to serve, or when the position of the Director is
vacant. The bill also includes those provisions to provide for the
transfer of personnel and appropriations which are necessary to
establish a separate, independent agency. A section by section
explanation of the bill is set forth below.
I urge Congress to consider this legislation early in the coming
year.
Section-by-Section of the Federal Emergency Management Agency
Restoration Act
Section 1. Short Title. This section establishes the short
title for the Federal Emergency Management Agency Restoration
Act.
Section 2. Federal Emergency Management Agency. This
section establishes the Federal Emergency Management Agency
(FEMA) as a cabinet-level independent agency in the executive
branch. The section sets forth that FEMA is responsible for
emergency preparedness, response, recovery, and mitigation
for all hazards, including major disasters, acts of
terrorism, and other emergencies. For purposes of the Act,
``emergency preparedness'' does not include law enforcement
efforts to prevent or deter terrorism, protect critical
infrastructure, and conduct intelligence activities.
The section establishes qualifications for the FEMA
Director. It states that the Director of FEMA shall be
appointed by the President, with the advice and consent of
the Senate, from among persons who have extensive experience
in emergency preparedness, response, recovery and mitigation
for all hazards, including major disasters, acts of
terrorism, and other emergencies. The section also
prescribes a five-year term of office for the Director.
The section establishes a Deputy Director, appointed from
the competitive service, and sets for the criteria for the
Deputy Director. The section also sets forth the duties of
the Deputy Director and authorizes the Deputy Director to
serve as a liaison to the Department of Homeland Security in
the event of an act of terrorism, and to act for the Director
when the Director is absent, unable to serve, or when the
position of the Director is vacant.
Section 3. Transfer of Functions. This section sets forth
the functions and personnel to be transferred to an
independent FEMA. The section also provides for the transfer
of FEMA within 120 days of the date of enactment.
Section 4. Savings Provisions. This section sets forth
various technical provisions to establish an independent FEMA
with the authorities necessary to function as an independent
agency and provides for the transfer of personnel and
appropriations.
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