[Congressional Record (Bound Edition), Volume 151 (2005), Part 20]
[Extensions of Remarks]
[Page 27887]
[From the U.S. Government Publishing Office, www.gpo.gov]




  INTRODUCING THE FEDERAL EMERGENCY MANAGEMENT AGENCY RESTORATION ACT

                                 ______
                                 

                         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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