[Congressional Record (Bound Edition), Volume 155 (2009), Part 5]
[Extensions of Remarks]
[Pages 5862-5863]
[From the U.S. Government Publishing Office, www.gpo.gov]




                     FEMA INDEPENDENCE ACT OF 2009

                                 ______
                                 

                         HON. JAMES L. OBERSTAR

                              of minnesota

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. OBERSTAR. Madam Speaker, I am proud today to introduce H.R. 1174, 
the ``FEMA Independence Act of 2009'', a bill to re-establish the 
Federal Emergency Management Agency (``FEMA'') as an independent, 
cabinet-level agency reporting directly to the President.
  This bill restores FEMA's ability to be a nimble and effective 
response agency, re-instates FEMA's role in building basic emergency 
management capability around the country, and removes FEMA from the 
large bureaucracy within the Department of Homeland Security (``DHS'') 
that has hindered the agency's disaster response and recovery efforts 
for six years.
  On March 1, 2003, President Bush delegated to the Secretary of the 
Department of Homeland Security the responsibility for administering 
the Federal Government's assistance to States and local governments 
whose citizens and communities are affected by disasters, and subsumed 
the Federal Emergency Management Agency into the newly-created 
Department of Homeland Security.
  Since 2003, FEMA has failed the American people. Hurricane Katrina 
remains foremost in our minds. It is shameful that, to this day, many 
citizens and communities in Louisiana have still not recovered from the 
disaster. Beyond Hurricane Katrina, FEMA's performance has continued to 
be deficient, such as in the agency's inadequate response to the 
discovery of formaldehyde in FEMA trailers, a serious threat to public 
health. More recently, residents in Texas experienced significant 
shortcomings in the delivery of recovery assistance, including debris 
removal and housing, in the aftermath of Hurricane Ike. Today, the 
Subcommittee on Economic Development, Emergency Management, and Public 
Buildings is holding yet another hearing on the status of recovery 
efforts in Louisiana, Mississippi, and Texas from these hurricanes. The 
fact that there are still individuals and communities in need 
demonstrates that dramatic improvements that can and must be made to 
the Federal government's provision of disaster assistance and 
leadership in emergency management.
  Oversight hearings since 2003 held by the Committee on Transportation 
and Infrastructure have shown a clear correlation between the 
absorption of FEMA into DHS and the deterioration of FEMA's 
effectiveness. One reason for this trend it that since becoming a part 
of DHS, FEMA's emergency management mission has been distorted by a 
focus on terrorism. Key Federal grant programs that previously helped 
build basic emergency management and fire fighting capability in 
communities around the country are now made available only if 
applicants can show a nexus to terrorism. In the last six years, the 
Federal Government has spent ten times more on terrorism preparedness 
(nearly $15 billion) than on core emergency management preparedness 
($1.5 billion). Yet since 2000, the President has declared only two 
disasters because of terrorist attacks, but nearly 500 disasters due to 
natural hazards.
  Further, quick decision-making and the flexibility to shift course as 
events change are two fundamental hallmarks of successful emergency 
management. Within DHS, FEMA officials have had to run all decisions 
through the Secretary of Homeland Security. FEMA has also had to work 
through the Secretary to access non-FEMA Federal resources in a 
response effort. These additional layers, which did not exist when FEMA 
was an independent agency, cause delays, impact the speed and 
flexibility of services that are provided to citizens and communities, 
and add unnecessary obstacles following a disaster. Being subsumed in a 
DHS bureaucracy has impaired FEMA's ability to carry out its mission 
quickly and effectively.
  Since 2003, DHS has centralized disaster response and recovery 
capabilities at the Federal level, which has shut out FEMA's 
partnerships with State and local governments, and undermined the 
emergency management system. DHS has also created separate functions 
under the direct control of the Secretary to perform functions that by 
law are the sole responsibility of FEMA, such as pre-designation of 
individuals to serve as Principal Federal Officials (``PFOs'') for 
disasters during the 2008 Hurricane season. Since its incorporation 
into DHS, FEMA has also had to rely increasingly on support from 
contractors, due to a loss of experienced FEMA personnel and a 
reduction of emergency management capacity at the State and local level 
as the focus of emergency management grant funding has shifted to 
terrorism-preparedness programs.
  For these reasons, I have long opposed the incorporation of FEMA into 
DHS. During House consideration of the Homeland Security Act of 2002, I 
said:
  This is July 2002. Let us fast forward to July 2003. The majority has 
prevailed. FEMA is a box in the mammoth bureaucracy of the Department 
of Homeland Security. Flood waters are swirling around your city. You 
call for help. You get the Department of Homeland Security. The 
switchboard sends your call to the Under Secretary's office which looks 
up ``disaster'' on their organizational chart and sends you to the 
Congressional Liaison Office, which then promises to get a message back 
to you in 24 hours. Eventually, they find FEMA, by which time you are 
stranded on the roof of your house waving a white handkerchief and 
screaming for help. FEMA, the word comes back, sorry, is looking for 
suspected terrorists some place and will get back to you as soon as we 
can.
  Unfortunately, we have seen these predictions come true. Unless FEMA 
is re-established as an independent, cabinet-level agency, I expect 
this history to repeat itself.
  After Hurricanes Katrina and Rita, Congress enacted changes to try to 
fix the problems plaguing FEMA by enhancing the agency's authority 
within the Department of Homeland Security. Unfortunately, these 
changes have done little to restore the type of robust emergency 
management agency that is needed at the Federal level. Tinkering around 
the edges will not work; fixing this flawed system requires fundamental 
change. This bill takes the

[[Page 5863]]

most important and necessary first step to fix the problem--re-
instating FEMA as an independent agency.
  Specifically, H.R. 1174 affirms FEMA's mission to reduce the loss of 
life and property and protect the United States from all hazards, by 
leading and supporting a comprehensive emergency management system of 
preparedness, response, recovery, and mitigation.
  As prescribed by the bill, an independent FEMA will be led by an 
Administrator and a Deputy Administrator with extensive experience in 
emergency preparedness, response, recovery, and mitigation from 
hazards. The bill maintains and strengthens FEMA's regional structure 
of ten regional offices and three area offices. Each regional office 
will be lead by a Regional Administrator with a demonstrated ability in 
and knowledge of emergency management.
  The bill provides for the transfer of core emergency management 
programs and functions to the newly independent FEMA, including: FEMA's 
disaster assistance programs authorized by the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act; the National Flood 
Insurance Program; the Earthquake Hazards Reduction Program; the 
National Dam Safety Program; the U.S. Fire Administration; the 
Emergency Food and Shelter Program; and FEMA's programs for Continuity 
of Operations and Continuity of Government.
  The bill does not transfer any grant programs, currently administered 
by FEMA, that are specific to terrorism, such as the Urban Area 
Security Initiative and the State Homeland Security Grant Program. This 
will ensure that the Department of Homeland Security will continue to 
lead our Nation's efforts to prevent and protect against terrorist 
incidents and attacks.
  The bill further requires the FEMA Administrator to maintain the 
National Advisory Council and to retain a Disability Coordinator within 
the newly-established entity; continues the authorization of the 
National Integration Center within FEMA; and ensures that FEMA will 
proceed on the development of standards for credentialing and typing in 
collaboration with the administrators of the Emergency Management 
Assistance Compact and other State, local, and tribal entities. Each of 
these activities is currently authorized and being implemented by FEMA.
  The transfer of all functions relegated to FEMA by the bill must be 
completed within 120 days of enactment of the bill.
  This matter is far too important, and impacts directly the lives of 
too many of our nation's citizens, to delay any further. We must act 
quickly to restore FEMA's autonomy and effectiveness.
  I urge my colleagues to join me in supporting H.R. 1174, the ``FEMA 
Independence Act of 2009''.

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