FEMA Reorganization Legislation in the 109th Congress

Order Code RL33522
CRS Report for Congress
Received through the CRS Web
FEMA Reorganization Legislation
in the 109th Congress
Updated September 1, 2006
Keith Bea
Specialist, American National Government
Government and Finance Division
Henry B. Hogue
Analyst, American National Government
Government and Finance Division
Congressional Research Service ˜ The Library of Congress

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FEMA Reorganization Legislation in the 109th Congress
Summary
Members of Congress have introduced legislation in both the House and Senate
to alter federal emergency management organizational structures and responsibilities,
amend authorities that guide federal action, impose emergency management
leadership qualification requirements, and make other changes. The proposals are
based upon investigations conducted on the role of the Federal Emergency
Management Agency (FEMA) and other entities in the response to Hurricane Katrina
in the fall of 2005.

Some observers reduce the matter to one basic question: “Should FEMA remain
within the Department of Homeland Security (DHS), or should the agency regain the
independent status it had before the creation of DHS?” The issue, however, is more
complex than just one of organizational placement. Other questions include the
following:
! What should be the reach or limit of the entity’s authority?
! What degree of discretion should Congress extend to the President
and executive branch officials to act in emergency situations?
! What functions or responsibilities should be transferred to the new
entity? Which should be retained by other DHS entities?
! To what extent should the White House be involved in emergency
management on a continuing basis as well as during an emergency?
! How might Congress balance recognition of state sovereignty and
primacy in the emergency management field while authorizing
prompt federal response?
! If details such as personnel qualifications, training requirements,
performance metrics, and interagency coordination mechanisms are
set in statute, will federal agencies have the flexibility to adapt
procedures and personnel to dynamic crises?
As of the date of this report, Members have introduced at least 15 bills to
reorganize FEMA or reorient the agency’s mission. Summary information on the 15
bills, and historical context for debate on the issue, is presented in CRS Report
RL33369, Federal Emergency Management and Homeland Security Organization:
Historical Developments and Legislative Options. Of the bills pending before
Congress, two, H.R. 5316 and H.R. 5351, have been the subject of House committee
action. The emergency communications segment of H.R. 5351 has been approved
by the full House in a stand alone bill, H.R. 5852. Other bills that have been
introduced in the House include H.R. 3656, H.R. 3659, H.R. 3685, H.R. 3816, H.R.
4009, H.R. 4493, H.R. 4840, and H.R. 5759. On July 11, 2006, the full Senate
approved an amendment (S.Amdt. 4560) to the FY2007 appropriations bill (H.R.
5441) for the Department of Homeland Security. On July 27, the Senate Homeland
Security and Governmental Affairs Committee ordered to be reported S. 3721, which
includes provisions in S.Amdt. 4560 plus other far-reaching provisions that would
provide new emergency management authority. In addition, other Senate bills
include S. 1615, S. 2302, and S. 3595. This report will be updated when significant
congressional action occurs on the pending legislation.

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Contents
The Hurricane Katrina Investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
House of Representatives Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Senate Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
White House Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Overview of Findings and Recommendations . . . . . . . . . . . . . . . . . . . 10
Comparison of Pending Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
List of Tables
Table 1. House Hearings on Hurricane Katrina, 2nd Session, 109th Congress,
by Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Table 2. Senate Hearings on Hurricane Katrina, 2nd Session, 109th Congress,
by Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Table 3. Legislative Proposals Amending Emergency Management Structure
and Authorities, Comparison of Existing Policy, S. 3721, H.R. 5316,
and H.R. 5351, 109th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Table 4. Legislative Proposals Amending Emergency Communications
Provisions, Comparison of Existing Policy, S. 3721, H.R. 5316, and
H.R. 5852, 109th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

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FEMA Reorganization Legislation in the
109th Congress
The Hurricane Katrina Investigations
In the aftermath of Hurricane Katrina, Members of Congress and others raised
questions about the scope and reach of federal emergency management policies, the
procedures used to administer federal statutory authorities, the qualifications of
personnel, and other issues. Most of the questions focused on the Federal Emergency
Management Agency (FEMA), the agency primarily responsible for coordinating
federal and non-federal disaster response activities.
Legislation pending before the 109th Congress would reconfigure the structure
and mission of FEMA, which is currently part of the Department of Homeland
Security (DHS) but served as an independent agency prior to 2003. Four of the 15
bills pending in the 109th Congress that would realign responsibility for federal
emergency management functions have been acted upon.1 H.R. 5351 and H.R. 5316
have been reported out of House committees. The emergency communications
portion of H.R. 5351 was approved by the full House on July 25, 2006 in stand alone
legislation (H.R. 5852). A Senate proposal was approved by the full Senate on July
11, 2006, as an amendment (S.Amdt. 4560) to the Department of Homeland Security
appropriations legislation for FY2007 (H.R. 5441). The fourth bill, S. 3721, was
ordered to be reported by the Senate Homeland Security and Governmental Affairs
Committee on July 27, 2006.
Three of the bills acted upon by Congress, H.R. 5351, S. 3721, and the Senate-
approved amendment to H.R. 5441, would amend the Homeland Security Act (HSA)
and shift the assignment of emergency management duties within DHS.2 The other
bill, H.R. 5316, would amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (the Stafford Act) and reestablish FEMA as an independent agency.3
Amendments considered by the Senate to reestablish FEMA as an independent
1 As of the date of publication, several other bills before the 109th Congress also would
modify FEMA, its missions, or its operations. These bills include those that, like H.R. 5316,
would reestablish FEMA as an independent agency ( H.R. 3656, H.R. 3659, H.R. 3685, H.R.
3816, H.R. 4493, S. 1615, and S. 2302). Two other bills (H.R. 4009 and H.R. 4840) would
recombine preparedness and response functions in DHS and impose qualification
requirements on officials, and H.R. 4397 addresses qualification requirements.
2 The Homeland Security Act of 2002 is codified at 6 U.S.C. 101 et seq.
3 The Stafford Act is codified at 42 U.S.C. 5121 et seq.

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agency (S.Amdt. 4563/S.Amdt. 4564) during the debate on H.R. 5441 were not
approved.4
These and other bills before the 109th Congress reflect investigative activities
undertaken since Hurricane Katrina struck on August 29, 2005. By the spring of
2006, two congressional reports and a White House report had been issued. The
findings, identified issues, and recommendations of the congressional and White
House reports, as well as investigations conducted by the Government Accountability
Office and the Inspector General of DHS, laid the groundwork for the consideration
of alternative organizational arrangements for federal emergency management.
This report provides information on provisions of the bill ordered to be reported
from the Senate Homeland Security and Governmental Affairs Committee (S. 3721),
the Senate-approved amendment (S.Amdt. 4560) to the FY2007 appropriations bill
(H.R. 5441), H.R. 5316, and H.R. 5351, all of which address concerns identified after
Hurricane Katrina. To provide a context for information on the legislation, this
report first summarizes findings and recommendations of the congressional and
White House studies pertinent to the pending legislation reported from the House
committees.
House of Representatives Report. On September 15, 2005, the House of
Representatives approved H.Res. 437, which established the Select Bipartisan
Committee to Investigate the Preparation for and Response to Hurricane Katrina
(referred to as the Select Committee). The activities of the committee were
summarized in its final report as follows:
The Select Committee held nine hearings over the course of approximately three
months. Select Committee Members and staff simultaneously conducted scores
of interviews and received dozens of briefings from local, state, and federal
officials; non-governmental organizations; private companies and individuals
who provided or offered external support after Katrina; and hurricane victims.
Select Committee Members and staff traveled numerous times to the Gulf Coast.
The Select Committee also requested and received more than 500,000 pages of
documents from a wide array of sources.5
The committee report presented findings but did not include recommendations. It
noted successes, such as National Weather Service forecasts, efforts of search and
rescue operations, and implementation of interstate mutual aid agreements. The
majority of the report’s findings, however, identified shortcomings and failures.
Although none of the findings specifically addressed organizational issues, some of
the findings arguably indicate that failures may have been associated with problems
involving implementation of agency missions, questionable aspects of leadership,
4 On July 27, 2006, the Senate Homeland Security and Governmental Affairs Committee
ordered to be reported S. 3721, which included much of the text of S.Amdt. 4560 plus four
other titles with far-reaching implications for federal emergency management authorities and
practices.
5 U.S. Congress, House Select Bipartisan Committee to Investigate the Preparation for and
Response to Hurricane Katrina, A Failure of Initiative, 109th Cong., 2nd sess. (Washington:
GPO, 2006), p. 11.

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inappropriate interagency coordination mechanisms, or lack of clarity about shared
responsibilities. The committee’s findings that appear particularly relevant to the
pending legislation include the following, with the text presented verbatim from the
report:
It does not appear the President received adequate advice and counsel from a
senior disaster professional.
The Secretary [of DHS] should have convened the Interagency Incident
Management Group on Saturday, two days prior to landfall, or earlier to analyze
Katrina’s potential consequences and anticipate what the federal response would
need to accomplish.
The Secretary [of DHS] should have designated the Principal Federal Official
[PFO] on Saturday, two days prior to landfall, from the roster of PFOs who had
successfully completed the required training, unlike then-FEMA Director
Michael Brown. Considerable confusion was caused by the Secretary’s PFO
decisions.
The Homeland Security Operations Center failed to provide valuable situational
information to the White House and key operational officials during the disaster.
Federal agencies, including DHS, had varying degrees of unfamiliarity with their
roles and responsibilities under the National Response Plan and National
Incident Management System.
Earlier presidential involvement might have resulted in a more effective
response.
Lack of communications and situational awareness paralyzed command and
control.
DOD [Department of Defense]/DHS coordination was not effective during
Hurricane Katrina.
DOD, FEMA, and the state of Louisiana had difficulty coordinating with each
other, which slowed the response.
National Guard and DOD response operations were comprehensive, but
perceived as slow.
The Coast Guard’s response saved many lives, but coordination with other
responders could improve.
DOD has not yet incorporated or implemented lessons learned from joint
exercises in military assistance to civil authorities that would have allowed for
a more effective response to Katrina.
Northern Command [within DOD] does not have adequate insight into state
response capabilities or adequate interface with governors, which contributed to
a lack of mutual understanding and trust during the Katrina response.

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DOD lacked an information sharing protocol that would have enhanced joint
situational awareness and communications between all military components.
Search and rescue operations were a tremendous success, but coordination and
integration between the military services, the National Guard, the Coast Guard,
and other rescue organizations was lacking.
Top officials at the Department of Health and Human Services and the National
Disaster Medical System do not share a common understanding of who controls
the National Disaster Medical System under Emergency Support Function-8.
Deployment confusion, uncertainty about mission assignments, and government
red tape delayed medical care.
Contributions by charitable organizations assisted many in need, but the
American Red Cross and others faced challenges due to the size of the mission,
inadequate logistics capacity, and a disorganized shelter process.6
In addition to the hearings and interviews conducted by the select committee,
oversight hearings before nine other House committees addressed a variety of
matters related to the federal response. Table 1 summarizes the topics of hearings
held during the second session of the 109th Congress.
Table 1. House Hearings on Hurricane Katrina, 2nd Session,
109th Congress, by Committee
Committee/Number of hearings
Topics
Select Bipartisan Committee to
Forecasts, FEMA role, decisions of
Investigate the Preparation for and
Secretary Chertoff, preparedness and
Response to Hurricane Katrina/9
response, contractors, Alabama
preparedness, victims reports, Mississippi
preparedness, Louisiana preparedness
Appropriations/3
DHS, DOD, Housing and Urban
Development (HUD) Department
Armed Services/1
DOD preparations
Energy and Commerce/3
Communications, fraud and waste, public
health
Financial Services/8
Rebuilding, fair housing, housing needs (5
sessions), flood insurance
Government Reform/5
Preparedness, fraud and waste,
contracting, international assistance,
oversight
Homeland Security/4
Fraud and waste, FEMA restructuring,
federalism, command and control
6 Ibid., pp. 2-5

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Committee/Number of hearings
Topics
Science/1
Disaster research
Transportation and Infrastructure/4
DHS, need for legislation, risk reduction,
FEMA
Ways and Means/1
Charities
Source: Information compiled from searches of CQ Committee Coverage (markups and hearings) data
at CQ.com, available by subscription at [http://www.cq.com/], accessed June 15, 2006. The searches
were conducted by Jennifer Manning, Knowledge Services Group, Congressional Research Service.
Senate Report. From September 14, 2005, to April 21, 2006, the Senate
Homeland Security and Governmental Affairs Committee (HSGAC) held 22 hearings
on Hurricane Katrina-related issues.7 In the course of the committee investigation,
staff interviewed 236 persons to obtain detailed information on events, operations,
and procedures.8
The Senate committee report, published months after the House select
committee report, included findings and recommendations. The Senate report
included four “Foundational Recommendations” that, if implemented, would replace
FEMA with a new entity, the National Preparedness and Response Authority
(NPRA). These recommendations include the following, presented verbatim from
the report:
Create a New, Comprehensive Emergency Management Organization with DHS
to Prepare for and Respond to All Disasters and Catastrophes.
From the Federal Level Down, Take a Comprehensive All-Hazards Plus
Approach to Emergency Management.
Establish Regional Strike Teams and Enhance Regional Operations to Provide
Better Coordination between Federal Agencies and the States.
Build a True, Government-Wide Operations Center to Provide Enhanced
Situational Awareness and Manage Interagency Coordination in a Disaster.9
The specific characteristics of NPRA, and other recommendations in the Senate
report related to the pending legislation, may be summarized in the following
manner:
7 A list of the hearings held, topics, and witnesses is presented in the final report issued by
the committee. U.S. Senate, Committee on Homeland Security and Governmental Affairs,
Hurricane Katrina: A Nation Still Unprepared, 109th Cong., 2nd sess. (Washington: GPO,
2006), pp. Appendix 3-2 through 3-8.
8 A list of those interviewed is presented in the Senate report, ibid., pp. Appendix 4-1
through 4-23.
9 Ibid., pp. Recommendations-1 through Recommendations-7.

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! NPRA is to be a distinct entity within DHS, with its missions and
components protected from internal reorganizations or departmental
reassignments.
! The Director of NPRA would hold the same rank as a Deputy
Secretary (Level II of the Executive Schedule, presidential
appointees to be confirmed by the Senate), report directly to the
Secretary, and serve as the adviser to the President for emergency
management and as a direct conduit of information to the President
during catastrophes.
! Three NPRA deputy directors would hold the same rank as most
under secretaries (Level III of the Executive Schedule, presidential
appointees to be confirmed by the Senate).
! Ten regional office directors would be part of the Senior Executive
Service and would serve as Federal Coordinating Officers (FCOs).
Enhanced intergovernmental and interagency interactions would be
built with federal strike teams, staffing changes, and coordination
efforts.
! NPRA would be responsible for the four phases of emergency
management — preparedness, response, recovery, and mitigation —
as well as infrastructure protection, and would adopt an “all-hazards
plus” approach to include a wide range of capabilities for the
broadest range of hazards.
! A National Operations Center (NOC) would integrate the
operational duties currently vested in at least three different entities.
! Increased levels of commitment to and by state and local
governments are necessary, along with efforts to better integrate
non-governmental organizations into emergency management
procedures and operations.
! The plans and systems for disaster response should be enhanced,
including the capability to respond to catastrophic incidents.
! Coordination between DHS and DOD and Health and Human
Services (HHS) should be improved.
! During the transition to NPRA, DHS should develop strategies to
build career emergency management personnel capabilities.
Just as various House committees conducted hearings on Katrina-related issues,
seven Senate committees in addition to the primary investigative body examined
specific issues related to the disaster. Table 2 provides summary information on
those Senate hearings.

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Table 2. Senate Hearings on Hurricane Katrina, 2nd Session,
109th Congress, by Committee
Committee/number of hearings
Topics
Homeland Security and
Recovery (2 sessions), FEMA performance,
Governmental Affairs/22
New Orleans, levee failures, Coast guard,
private sector, FEMA operations
professionals, levee responsibility, Mississippi
recovery, Hurricane Pam simulation, urban
search and rescue, pre-storm evacuation, post-
storm evacuation, role of governors, law
enforcement and communications, DOD role,
DHS/FEMA leadership, waste and fraud, role
of Secretary Chertoff, reform
recommendations, housing
Appropriations/3
2006 hurricane season, supplemental
appropriations
Banking, Housing, and Urban
Rebuilding, flood insurance (3 sessions)
Affairs/4
Commerce, Science, and
Hurricane forecasting, communications,
Transportation/3
hurricane prediction
Environment and Public Works/2
Hurricane response
Health, Education, Labor, and
Hurricane response
Pensions/1
Judiciary/1
Readiness
Special Aging/1
Needs of older Americans in disasters
Source: Information compiled from searches of CQ Committee Coverage (markups and hearings) data
at CQ.com, available by subscription at [http://www.cq.com/], accessed June 15, 2006. The searches
were conducted by Jennifer Manning, Knowledge Services Group, Congressional Research Service.

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White House Report. The post-Katrina report issued by the White House
does not include any recommendations for organizational changes; it does, however,
include recommendations pertinent to organizational options, including some of the
issues addressed in the pending legislative proposals. The recommendations in the
White House report that appear relevant to the pending legislation include the
following. The numbers that accompany the following recommendations are taken
verbatim from the report and correspond to those presented in it.10
4. DHS should develop and implement Homeland Security Regions that are fully
staffed, trained, and equipped to manage and coordinate all preparedness
activities and any emergency that may require a substantial federal response.
5. Each Regional Director should have significant expertise and experience, core
competency in emergency preparedness and incident management, and
demonstrated leadership ability.
6. The PFO [Principal Federal Official] should have the authority to execute
responsibilities and coordinate federal response assets.
8. Each region must be able to establish and resource rapidly deployable, self-
sustaining incident management teams (IMT) to execute the functions of the JFO
[Joint Field Office] and subordinate area commands that are specified in the NRP
[National Response Plan] and NIMS [National Incident Management System].
9. DHS should establish several strategic-level, standby, rapidly deployable
interagency task forces capable of managing the national response for
catastrophic incidents that span more than one Homeland Security Region.
10. Integrate and synchronize the preparedness functions within the Department
of Homeland Security.
11. DHS should establish a permanent standing planning/operations staff housed
within the National Operations Center.
13. A unified departmental external affairs office should be created within DHS
that combines legislative affairs, intergovernmental affairs, and public affairs as
a critical component of the preparedness and response cycle.
15. Establish a National Operations Center to coordinate the national response
and provide situational awareness and a common operating picture for the entire
federal government.
19. Establish the Disaster Response Group (DRG).
30. DOD should consider assigning additional personnel (to include General
officers) from the National Guard and the reserves of the military services to
USNORTHCOM [U.S. Northern Command] to achieve enhanced integration of
Active and reserve component forces for homeland security missions.
10 The White House, The Federal Response to Hurricane Katrina, Lessons Learned
(Washington: 2006), pp. 87-124.

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38(f). DHS should establish a Chief Logistics Officer to oversee all logistics
operations across multiple support functions.
57(b). HHS in coordination with OMB and DHS should draft proposed
legislation for submission to Congress, to transfer NDMS [National Disaster
Medical System] from DHS to HHS.
63. Assign HHS the responsibility for coordinating the provision of human
services during disasters.
69. Designate HUD as the lead federal agency for the provision of temporary
housing.
76. Develop a Public Communications Coordination capability for crisis
communications at the White House.
83. The National Economic Council should form an Impact Assessment
Working Group to provide an overall economic impact assessment of major
disasters, including the Departments of Homeland Security, Treasury,
Commerce, Energy (Energy Information Administration), and Labor as well as
the President’s Council of Economic Advisors.
99. DHS should establish an office with responsibility for integrating non-
governmental and other volunteer resources into federal, state, and local
emergency response plans and mutual aid agreements. Further, DHS should
establish a distinct organizational element to assist faith-based organizations.
110. DHS should consolidate the DHS Training and Exercise Structure.
116. DHS should establish a National Homeland Security University (NHSU)
for senior officials that serves as a capstone to other educational and training
opportunities.
118. The White House should consider establishing a Presidential Board to
review the national security, homeland security, and counterterrorism
professional development programs of federal departments and agencies to
identify opportunities for further integration.
Overview of Findings and Recommendations. The House, Senate, and
White House reports include common elements that appear pertinent to S. 3595, H.R.
5316, and H.R. 5351. All conclude that failures of leadership and initiative
compromised efforts to provide necessary assistance to victims and communities.
Coordination problems and failures to fully integrate response procedures, plans, and
systems among federal agencies were also common findings, with particular attention
given to the role of the Principal Federal Officer (PFO); the Homeland Security
Operations Center; and DHS, DOD, and HHS officials. In addition to these failures,
the reports noted the critical role of regional offices in building relationships with
state and local governments.
One significant difference between the congressional reports and the White
House report concerns examinations of the qualifications of the leadership in FEMA
and DHS, notably the experience and training expected of leaders. Both the House

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and Senate reports concluded that problems stemmed, at least in part, from leadership
shortcomings. On the other hand, the White House report focused on failures of
process, systems, and planning, not the experience or qualifications of top officials.
Comparison of Pending Legislation
The House bills that have been acted upon during the 109th Congress adopt
different approaches to the issues identified in the congressional and White House
reports. Some of the more significant differences between the two House bills are
the following:
! Organizational location: H.R. 5316 would establish FEMA as an
independent cabinet level agency with direct access to the President;
H.R. 5351 would keep FEMA in DHS as the Directorate of
Emergency Management (DEM).
! Base statutory authority: H.R. 5316 would amend the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.); H.R. 5351 would amend the Homeland Security Act,
or HSA (6 U.S.C. 101 et seq.).11
! Preparedness: H.R. 5351 would authorize preparedness activities
(school planning, pandemic influenza, emergency management
preparedness grants) and condition eligibility for homeland security
grants on the maintenance of catastrophic plans; H.R. 5316 does not
include such provisions, but would add a title to the Stafford Act that
would authorize establishment of a new comprehensive emergency
preparedness system to improve federal and non-federal capabilities.
! Presidential access: H.R. 5316 would authorize the FEMA Director
to have continual, direct access to the President at all times; H.R.
5351 would designate the head of the DEM as a “Cabinet Officer”
for the duration of Incidents of National Significance.12
! Medical response: A Chief Medical Officer would be appointed
under H.R. 5351, and emergency medical response functions would
be vested in the DEM; H.R. 5316 does not provide for such a
position or such functions.
11 The statutory authorities amended by the House bill reflect committee jurisdictions; the
House Transportation and Infrastructure Committee exercises jurisdiction over the Stafford
Act, whereas the House Homeland Security Committee has jurisdiction over the HSA.
12 Incidents of National Significance include, but are not limited to, presidential major
disaster and emergency declarations, as well as events that require the involvement of
multiple federal agencies and situations that require federal involvement, at the Secretary’s
discretion. See U.S. Department of Homeland Security, National Response Plan, as
amended (Washington: 2005), p. 4.

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! Personnel: H.R. 5316 would authorize the Director of the
independent FEMA to develop a human capital strategy; H.R. 5351
would retain the authority in DHS to develop a workforce strategy.
Also, H.R. 5316 would authorize the establishment of a disaster
workforce cadre, whereas H.R. 5351 would not.
! Fraud and waste: H.R. 5351 would provide new authority and
requirements to prevent fraud and waste; H.R. 5316 would authorize
the FEMA Director to use up to 1% of funds for oversight activities.
Also, H.R. 5351 would require establishment of a system to ensure
that equipment purchased by first responders is effective; H.R. 5316
does not contain a similar provision.
! Regional offices: H.R. 5351 would require the establishment of
regional offices within DEM; H.R. 5316 would not.
S. 3721, while containing many, but not all provisions of the Senate amendment,
would make significant changes in both the Robert T. Stafford Disaster Relief and
Emergency Assistance Act and the Homeland Security Act. Most of the provisions
of the amendment to H.R. 5441 (S.Amdt. 4560) approved by the full Senate on July
11, 2006 are contained in S. 3721 as reported. S. 3721 differs from the Senate
amendment, however, in that it would retain the name and acronym of FEMA instead
of establishing an Emergency Management Authority (EMA). S. 3721 also expands
federal authority to provide accelerated assistance if deemed necessary in a
catastrophic incident, would authorize changes in personnel and workforce
procedures, and establish broad fraud prevention and reporting requirements. In
contrast to the Senate legislation, H.R. 5351 would establish a Directorate of
Emergency Management (DEM) within DHS and would make many, but not all,
changes included in the Senate legislation. Principle differences between the two
Senate texts and H.R. 5351 exist in the following areas:
! Preparedness: H.R. 5351 would provide for the pre-positioning of
equipment, development of an asset inventory, funding for
emergency management preparedness grants, planning for pandemic
influenza, and catastrophic planning; the Senate legislation would
not.
! Response: The Senate bill and amendment include provisions
regarding disaster “strike” teams and the establishment of a National
Operations Center; H.R. 5351 does not.
! Organization: The Senate text would establish the EMA as a
distinct entity within DHS and prohibit the Secretary from
reorganizing it. H.R. 5351 would not establish DEM as a distinct
entity and would not control reorganization authority.
! Leadership: H.R. 5351 would create the DEM head at the under
secretary level, to report to the Secretary or Deputy Secretary. In
contrast, the chief executive in the Senate legislation would be at the
deputy secretary level and would report only to the Secretary.

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! Communications: H.R. 5351 would establish a communications
office within DEM; the Senate legislation does not provide for such
an office.
Table 3 of this report presents summary information on existing law and
administrative documents, and it compares the provisions of the bills, with the
exception of emergency communications provisions. Table 4 compares the
emergency communication provisions in H.R. 5852 to those in S. 3721 and the one
provision in H.R. 5316. H.R. 5852, which passed the House on July 25, 2006, is
similar to the proposed Subtitle B in Section 101(a) of H.R. 5351.

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Table 3. Legislative Proposals Amending Emergency Management Structure and Authorities, Comparison of
Existing Policy, S. 3721, H.R. 5316, and H.R. 5351, 109th Congress
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
Short Title.
Post-Katrina Emergency Management Reform Act
Restoring Emergency Services to Protect Our
National Emergency Management Reform and
of 2006 [Sec. 1]
Nation from Disasters Act of 2006 (RESPOND)
Enhancement Act of 2006 [Sec. 1(a)]
Act of 2006 [Sec. 1]
Findings.
No similar provisions
Includes 23 findings. [Sec. 2]
No similar provisions
Title, Subtitle, and Chapter Changes in Existing Law.
Would strike heading of Title V of the Homeland
Would add “Chapter 101-Federal Emergency
Would strike heading of Title V of the HSA and
Security Act (HSA) and replace it with “National
Management Agency Personnel” to subpart I of
replace it with “Emergency Management.” Would
Emergency Management.” [Sec. 101] Would insert
part III of title 5 of the United States Code. [Sec.
insert “Subtitle A — Directorate of Emergency
“Subtitle A — Preparedness and Response” [Sec.
121(a)] Would add “Title VII-Comprehensive
Management.” [Sec. 101]
101, §510] and “Subtitle B — Emergency
Emergency Preparedness System” to the Stafford
Communications.” [Sec. 101, §539]
Act. [Sec. 301(a)]

---

CRS-14
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
Definitions.
Would define the following terms for purposes of
Would define the following terms for purposes of
No similar provision
the act: “Administrator,” “Agency,” “catastrophic
the act: “Agency,” “Director,” “emergency,”
incident,” “Department,” “emergency,” “major
“emergency preparedness,” “hazard,” “local
disaster,” “emergency management,” “emergency
government,” “major disaster,” “mission
manager,” “emergency response provider,”
assignment,” and “state.” [Sec. 3]
“Federal coordinating officer,” “individual with a
disability,” “National Advisory Council,”
“National Incident Management System,”
“National Response Plan,” “Regional Office,”
“Regional Office strike team,” “Secretary,” and
“surge capacity.” [Sec. 3]
Would amend Title V of Homeland Security Act
No similar provisions
Would amend Homeland Security Act by
by newly defining: “all-hazards-plus,”
modifying definition of “emergency response
“Administrator,” “Agency,” “catastrophic
provider,” and newly defines “emergency
incident,” “emergency communications
management,” “prevention,” and “emergency
capabilities,” “Federal coordinating officer,”
support providers.” [Sec. 114]
“interoperable emergency communications
Defines “Nuclear Incident Response Team.” [Sec.
system,” “communications interoperability,”
101, §543]
“National Advisory Council,” “National Incident
Defines terms comparable to “small business
Management System,” “National Response Plan,”
entity.” [Sec. 101, §583(g)]
and “surge capacity.” [Sec. 101, §501]
Would also amend Title V of the HSA by defining
within proposed Subtitle A: “Nuclear Incident
Response Team,” “Regional Advisory Council,”

---

CRS-15
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
“Regional Administrator,” and “Regional Office.”
[Sec. 101, §511]
Would amend proposed subtitle A of the
No similar provisions
No similar provisions
Homeland Security Act (HSA) by adding
definitions of “age-appropriate,” “appropriate
municipal entity,” “children,” “emergency medical
professional,” “life supporting first aid,” selected
organization [Sec. 101, §523(a)]; “credential,”
“credentialing,” credentialed” [Sec. 101, §532(a)];
“typed,” “typing” [Sec. 101, §532(a)].
Would amend proposed subtitle B of the HSA by
No similar provisions
No similar provisions
adding definitions of: “eligible region,” “National
Emergency Communications Strategy,” “Office of
Emergency Communications.” [Sec. 101, §551]
Would amend the Intelligence Reform and
No similar provisions
No similar provisions
Terrorism Prevention Act by defining:
“interoperable emergency communications
system,” “communications interoperability,” and
“emergency communications capabilities.” [Sec.
102]
Would define for the purpose of respective
No similar provisions
No similar provisions
sections of the Senate bill: “situational awareness”
[Sec. 101, §520(a)];

---

CRS-16
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
“National Infrastructure Simulation and Analysis
Center” [Sec. 101, §527(a)];
“document,” “appropriate population segments,”
“individuals with limited English proficiency”
[Sec. 220(a)];
“Surge Capacity Force” [Sec. 304(a)];
“demonstration project,” “interoperable emergency
communication system [Sec. 103(a)]; “Child
Locator Center,” “declared event,” “displaced
adult,” “displaced child” [Sec. 216(a)];
“displaced individual,” “National Emergency
Family and Locator System” [Sec. 217(a)];
“authorized placement,” “base flood,” “coastal
high hazard area,” “covered civil action,” “covered
individual,” “covered manufactured home,”
“flood,” “flood plain,” “floodway,” “manufactured
home,” [Sec. 229(a)];
“excessive pass-through charge,” “covered
contractor,” “covered lower-tier contractor,”
“executive agency,” [Sec. 501(c) and other
provisions which refer to 41 U.S.C. 403];
“micropurchase” [Sec. 510(a)(5)];
“biological event” [Sec. 101(a), §506(i)]
Would amend Stafford Act definitions of “major
Would amend Stafford Act by defining:
No similar provisions
disaster” and “private nonprofit facility,” and
“capability,” “covered grant,” “mission

---

CRS-17
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
would add new definition of “individual with a
assignment,” “operational readiness,”
disability,” [Sec. 210]; “essential service
“performance measure,” and “performance
provider,” [Sec. 205, §425(a)]; “disaster period”
metric” [Sec. 301(a), §701] and “catastrophic
and “survivor,” [Sec. 211, §706(a)]; “member of
incident” [Sec. 201, §616(d)]
the predisaster household,” [Sec. 218(a)]; and “fair
market rent.” [Sec. 218(b)]
For purposes of Title IV of the legislation, would
No similar provisions
No similar provisions
define the term “Emergency Support Function
Annex” of the National Response Plan (NRP).
[Sec. 401]
Organization Location and Status.
Overview of existing policy: FEMA and the Directorate of Preparedness are two of 26 entities reporting to DHS leadership. [6 U.S.C., 311-317, DHS 7/13/05
letter to Congress]
* Would establish the Federal Emergency
Would establish FEMA as an independent
Would combine FEMA and the Directorate of
Management Agency (FEMA) in the Department
“cabinet level” agency. The new agency would
Preparedness in a new Directorate of Emergency
of Homeland Security (DHS) as a distinct entity, to
carry out the functions of FEMA, specified DHS
Management (DEM) within DHS. [Sec. 101(a),
include the functions of FEMA and the
authorities not assigned to FEMA, and the
§§501(a), 502(b)]
Preparedness Directorate as constituted on June 1,
Preparedness Directorate. [Sec. 101(a), Sec. 105]
2006. [Sec. 101, §512(a), §514, §515(a)]
Presidential Access.
Leadership levels/authority to report to the President
Existing policy: Under secretaries (U/S) report to the Secretary/Deputy Secretary. U/S for Federal Emergency Management may report to the President

---

CRS-18
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
during Incidents of National Significance (INS) through the Principal Federal Officer (PFO). [Sec. Chertoff 7/13/05 letter to Congress]
* FEMA Administrator would report directly and
FEMA Director would be compensated at the
DEM head, established at U/S level, would report
only to the DHS Secretary, and serve as the
secretary level (Executive Schedule Level I) and
to the Secretary and generally serve as the principal
principal emergency preparedness and response
would report directly to the President at all times.
adviser to the President on emergency
adviser to the President, Homeland Security
[Sec. 103(a)(1)]
management. Would serve as a “Cabinet Officer”
Council, and DHS Secretary. He or she could
during Incidents of National Significance.
inform them of emergency management options
[Sec.101(a), §§501(a)(1), 502(a), 503]
and would be required to provide advice upon
request. The Administrator could make
recommendations to Congress after informing the
Secretary. [Sec. 101, §512(c)(3,4)]
Functions and Mission.
Overall mission
Existing policy: FEMA mission includes response and recovery, but not emergency preparedness. [6 U.S.C. 317, DHS 7/13/2005 letter to Congress]
The President is authorized to undertake a range of emergency management functions. [Stafford Disaster Relief Act, 42 U.S.C. 5121 et seq. and Executive
Orders 12127, 12148, as amended, Reorganization Plan No. 3 of 1978]
* FEMA mission would include leading the nation
FEMA mission would be based on the all-hazards,
DEM would have primary responsibility to prepare
in all comprehensive emergency management
risk-based, comprehensive emergency
for all comprehensive emergency management
(CEM) phases based on a risk-based “all-hazards-
management (CEM) framework and would
(CEM) phases related to terrorism, disasters, and
plus” strategy through administration of the
include responsibility for the Stafford Act. [Sec.
other emergencies, with 18 specific tasks and
Stafford Act, and undertaking other activities.
101(b), Sec. 102(a)(1) and (2)]
authorities listed, including responsibility for the
[Sec. 101, §512(b), §513(a) and (c)]
Stafford Act. [Sec. 101(a), §502(a)]

---

CRS-19
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
* Functions, personnel, assets, components, and
The functions of current FEMA and the
Functions of FEMA (the former Emergency
liabilities of the existing FEMA and the
Preparedness Directorate, and the functions,
Preparedness and Response Directorate) and the
Preparedness Directorate and their respective
personnel, and assets associated with six specified
Preparedness Directorate would be transferred to
leaders, as of June 1, 2006, would be transferred to
authorities would be transferred to the
DEM. [Sec. 101(a), §502(b) and (c)]
FEMA. [Sec. 101, §514] [S.A. 4560, Sec. 504(1)
independent agency FEMA. [Sec. 105(a); Sec.
would except National Disaster Medical System.]
106(e)]
Infrastructure protection
Existing policy: The Preparedness Directorate is responsible for infrastructure protection. [6 U.S.C. 121 et seq., DHS 7/13/2005 letter to Congress]
Directorate for Information Analysis and Infrastructure Protection established. [6 U.S.C. 121]
Would establish within FEMA the National
No similar provision
Would establish Office for Infrastructure Protection
Infrastructure Simulation and Analysis Center to
in DEM, that would carry out risk assessments,
coordinate with federal agencies and support
recommend protective measures, assess
modeling and simulation efforts. [Sec. 101, §527]
preparedness, and coordinate with other entities,
among other responsibilities. [Sec. 101(a), §591]
No similar provision
No similar provision
Would redesignate Information Analysis and
Infrastructure Protection Directorate as Office of
Intelligence and Analysis, and make corresponding
changes to leadership titles. [Sec. 106]
* Position of Assistant Secretary for Cybersecurity
No similar provision
Office of Cybersecurity and Telecommunications
and Telecommunications would be established in
would be established under the authority of the
DHS (specific location unstated). [Sec. 101,
DEM Under Secretary to manage cybersecurity
§530(a)]
response system, coordinate with the private sector
and other entities, administer the National

---

CRS-20
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
Communications System, and report to Congress.
[Sec. 101(a), §592]
Specific preparedness functions
Existing policy: Preparedness functions assigned to the DHS Preparedness Directorate. [Original authority given to Office of Domestic Preparedness, 6
U.S.C. 238, reorganized under 6 U.S.C. 452, DHS 1/26/2004 letter to Congress and DHS 7/13/2005 letter to Congress]
* Would require each regional administrator to
Would amend the Stafford Act to require that the
Would authorize support teams residing in regions
establish multi-agency strike teams, with specified
President establish emergency disaster response
to deploy force packages (including personal
membership, location, coordination, and
teams that meet specified criteria. [Sec. 202,
protective, search and rescue, medical, and other
preparedness requirements. [Sec. 101, §517(e)]
§303]
equipment) under the Prepositioned Equipment
Program. [Sec. 101(a), §581(b), (c), and (d)]
No similar provision
Would establish a requirement that the Director
Would require establishment of Prepositioned
notify state and area officials about the closure of
Equipment Program. [Sec. 101(a), §581(a)]
a prepositioned equipment program location.
Also would include a related Sense of Congress
provision. [Sec. 205]
Secretary must ensure that federal agencies with
No similar provision
Would require the Secretary to establish a National
responsibilities under the National Response Plan
Asset Inventory Program, with an inventory of
(NRP) develop inventories of material and
federal capabilities, including those of the
personnel for deployment. [Sec. 404(e)(1)]
Department of Defense. Would require the
establishment of an inventory database. Secretary
must certify annually that federal agencies have
developed and maintained force packages.
Secretary would identify locations of logistic

---

CRS-21
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
support centers and must consult with the
Administrator of the Emergency Management
Assistance Compact (EMAC). [Sec. 101(a), §582]
No similar provision
No similar provision
Would establish Office of Training and Exercises
in DEM to improve national preparedness
capabilities. [Sec. 101(a), §522(a)]
Would require that the FEMA Administrator
Would require the Director to establish and
Would require the Secretary, through the A/S for
coordinate with federal and nonfederal officials to
maintain a comprehensive emergency
Training and Exercises, to administer, in
ensure that training and exercises focus on the
management training program for all levels of
coordination and consultation with specified
planning requirements included in the revised
government that meets specified standards. [Sec.
governmental officers and entities, a National
NRP. [Sec. 405]
301(a), §703(b)(4)]
Exercise Program (NEP) and a National Training
Program (NTP)to evaluate and improve emergency
management capabilities at all levels of
government. Would require the Secretary to
establish the Remedial Action Management
Program (RAMP) to certify that recipients of
assistance implement lessons learned from
exercises and events. [Sec. 101(a), §522(e), (f), and
(g)]
No similar provision
No similar provision
Would establish in DHS a National Domestic
Preparedness Consortium and a National Exercise
to enhance preparedness training. [Sec. 101(a),
§522(h) and (i)]
No similar provision
Would authorize grants for emergency equipment.
No similar provision
[Sec. 207, §630]

---

CRS-22
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
Would require DHS Secretary, through Chief
No similar provision
No similar provision
Medical Officer, to fund education on life-
supporting first aid for children. [Sec. 101, §523]
* Would require DHS Secretary to establish
Would require the Director to establish a National
Would establish National Advisory Council on
National Advisory Council on Preparedness and
Emergency Preparedness Task Force to ensure
Emergency Management, with specified
Response, with specified membership
coordination of emergency management among
membership requirements, to periodically review
requirements, to advise the FEMA Administrator
federal, state, and local governments, and the
federal plans, standards, and capabilities. [Sec.
on all aspects of emergency preparedness and
private sector. [Sec. 301(a), §707]
101(a), §509]
response. [Sec. 101, §518]
* Would require that the FEMA Administrator
No similar provision
Would establish Office of Public and Community
promote public and community preparedness. [Sec.
Preparedness, headed by a Director appointed by
101, §522]
the Secretary. The office would consist of
Community Emergency Response Teams, Internet
Resources, and Citizen Corps, with responsibilities
for providing guidance to communities, and
coordinating with non-governmental organizations,
including at-risk communities. Would establish in
DEM a National Citizen Corps Council to
encourage collaboration and disseminate
information. [Sec. 101(a), §527]
No similar provision
No similar provision
Would authorize grantees to use DHS funds for
preparedness activities by schools. [Sec. 109]
No similar provision
No similar provision
Would require national exercise to test Pandemic
Influenza Strategy. [Sec. 111]

---

CRS-23
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
No similar provision
No similar provision
Would require establishment of a pilot program for
public and private sector planning and response
program, subject to specified features and
protocols. [Sec. 112]
No similar provision
No similar provision
Would authorize $360 million for Emergency
Management Performance Grants for FY2007.
[Sec. 113]
* The Administrator would collaborate on
No similar provision
Would require the establishment of standards for
establishing nationwide standards for the typing of
the typing of resources. [Sec. 101, §541(c)(16)]
resources (i.e., defining in detail the minimum
capabilities of an asset or resource) commonly or
likely to be used in disaster response. These
standards would apply to federal, state, and local
governments and be compatible with the National
Incident Management System (NIMS). Further
details on the typing process, dissemination of the
resulting information, and annual reporting
requirements are also specified. [Sec. 101, §532]
The Administrator would coordinate with other
No similar provision
No similar provision
entities to create model standards to permit owners
and employees access to critical infrastructure
areas in the event of a disaster. [Sec. 101, §533]
Would require that the FEMA Administrator
No similar provision
No similar provision
develop and maintain a National Disaster Housing
Strategy and report to Congress. [Sec. 204]

---

CRS-24
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
Would amend the Stafford Act to require that the
Would require establishment of a comprehensive
Would require that the Secretary update emergency
FEMA Administrator develop preparedness
emergency preparedness system, including
management capability standards that meet
planning standards in consultation with state and
specification of national goals, priorities,
specified objectives and factors. [Sec. 101(a), §523]
local officials, and that plans consider individuals
requirements, voluntary consensus standards, and
with special needs and with pets. Would also
performance metrics. Would also authorize
require evacuation planning, and would authorize
federal frameworks and require enhancement of
financial and technical support for planning
federal capabilities. [Sec. 301(a), §701-709]
activities. [Sec. 221, Title VI]
Would mandate use of NIMS and the National
Would establish NIMS for domestic incident
No similar provision
Response Plan (NRP) for disasters. [Sec. 402]
management purposes and mandate that the
Director be responsible for coordination of the
system. [Sec. 301(a), §704]
Would require that DHS review the NRP and make
Would require that the Director be responsible for
Would direct the Secretary, in coordination with the
changes based on lessons learned from Hurricane
all aspects of the NRP and review components of
U/S, to designate the PFO. Would permit the
Katrina. The bill would mandate the use of a clear
the plan by a specified date. [Sec. 301(a), §705]
appointment of Regional Directors as PFO or FCO.
chain of command, elimination of the position of
[Sec. 101(a), §§503(c) and 504(c)(3)]
principal federal official (PFO), designation of
federal coordinating officers (FCOs), revisions to
emergency support functions, with review
achieved through consultation with the National
Advisory Council, and reports to Congress. [Sec.
403]
Would require that DHS officials develop a unified
Would authorize establishment of national
No similar provision
system of strategic and operational plans that
emergency preparedness system. [Sec. 301(a),
support the NRP. The Secretary, through the
§703]
Administrator, would be required to provide clear
Would require the Director, with the Secretary of

---

CRS-25
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
planning guidance and standards for all levels of
Defense, to identify defense assets that could
governance that include health, human services,
provide support during disasters. [Sec. 301(a),
search and rescue, evacuation, and coordination
§703(b)(7)(B)]
with Department of Defense. Would require that
the Secretary report to Congress on planning and
preparedness efforts. [Sec. 404(a), (c), (d), and (f)]
Would require that federal agencies with primary
No similar provision
No similar provision
or support responsibilities in the NRP provide
information to the assigned coordinating agency.
Coordinating agencies would report annually to the
Administrator, and the Administrator would report
to Congress. [Sec. 406]
The Administrator would provide technical
No similar provision
No similar provision
assistance to states and localities that experience
hurricanes, tsunamis, or other severe weather
events, including the preparation, maintenance,
and updating of specified evacuation studies and
plans. Would specify time frames for completing
actions, issues that state pre-storm evacuation and
shelter plans must address, and annual reporting
requirements. [Sec. 101, §535]
Grants made by DHS to states or local
No similar provision
No similar provision
governments through the State Homeland Security
Grant Program or the Urban Area Security
Initiative could be used for three specified
evacuation preparation purposes. Such grant

---

CRS-26
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
recipients would have specified responsibilities.
The administrator could set related guidelines,
standards, or requirements, and he or she would, as
requested by states or localities, assist hospitals,
nursing homes, and other similar institutions with
evacuation plans that would be coordinated and
integrated into plans developed by state or local
governments. [Sec. 101, §536]
The Administrator would establish minimum
Would require that state reports on emergency
No similar provision
performance requirements for public and
preparedness capabilities use quantifiable
community preparedness to ensure that States,
performance measures. [Sec. 301(a),
regions, and localities are prepared for
§703(b)(8)(B) and (C)]
emergencies. The bill specifies the
Administrator’s responsibilities, including the
conduct of simulations and exercises to test
requirements for emergencies and major disasters.
Any deficiencies would need to be remedied in a
timely manner. Reporting requirements are
specified. [Sec. 101, §537]
Would require the Secretary to ensure pre-scripted
No similar provision
No similar provision
mission assignments, where appropriate,
representation at military commands, and
coordination with the Department of Health and
Human Services. The latter would include special
needs registries. [Sec. 404(e)]
No similar provision
Would require that the President ensure that
No similar provision

---

CRS-27
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
federal agencies responding to disasters attain
specified capability and operational structures.
Would not limit the authority of the Secretary of
Defense. [Sec. 301(a), §706]
Catastrophic planning
Existing policy: No catastrophic planning provisions in HSA or Stafford Act, but Catastrophic Incident Annex (CIA) in National Response Plan (NRP) sets out
guidance for federal action. [NRP CIA]
* FEMA Administrator, in consultation with other
No similar provision
Would require testing and enhancement of federal,
federal officials, would be required to develop a
state, and local capabilities for responding to, and
system capable of responding to catastrophic
recovering from, catastrophic incidents. [Sec.
incidents. The Administrator would submit to
101(a), §522(e)(3)(C), (D)]
Congress an annual estimate of resources of
federal agencies that are needed for and devoted to
developing catastrophic incident response
capabilities at multiple levels of government. [Sec.
101, §513(b)] [S.A. 4560, Sec. 602, §503(b) has
fewer requirements.]
No similar provision
FEMA Director would fund state and local
Would condition federal homeland security
catastrophic planning and capabilities; does not
financial aid for states and urban areas by requiring
condition receipt of aid. Would require a report to
maintenance of catastrophic plans and capabilities,
Congress on preparedness levels in participating
including evacuation, sheltering, warning systems,
jurisdictions. [Sec. 201, §616]
and search and rescue. Would require consistency
with federal systems and plans. [Sec. 101(a), §524]
Would require Administrator to develop
No similar provision
No similar provision

---

CRS-28
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
comprehensive operational plans to respond to
catastrophic incidents. Plan components must
include considerations of state and local officials,
provisions for surge capacity, and proactive federal
deployment. [Sec. 404(b)]
Specific response functions
Existing policy: Response Division exists in FEMA, generally responsible for implementing the Stafford Act response and recovery missions [42 U.S.C. 5121
et seq.]. [Secretary Chertoff’s 2SR reorganization, adopted 10/1/05] President required to establish emergency support teams in response to major disasters
or emergencies. [42 U.S.C. 5144] Response capabilities authorized, including control of Nuclear Incident Response Team (NIRT), National Response Plan
(NRP), and National Incident Management System (NIMS). (6 U.S.C. 312(5,6))
Would amend the Stafford Act to authorize the
No similar provision
No similar provision
President to provide for precautionary evacuation
and accelerated federal assistance in any major
disaster or emergency and accelerate federal
assistance. [Sec. 201(a) and (b)]
* Would establish the NIMS Integration Center,
Would require maintenance of NIMS and NRP,
Would establish NIMS and NRP Integration Center
with specified responsibilities, in FEMA. The
with specified requirements, and would establish
(NIC). [Sec. 101(a), §541]
Administrator, working through this center, would
the NIMS Integration Center. [Sec. 301(a), §§704,
ensure management and maintenance of NIMS,
705, and 708] FEMA would be lead agency for
NRP, and related documents and tools. [Sec. 101,
National Response Plan. [Sec. 102(b)]
§519]
Retains existing authority, at 6 U.S.C. 314, for
No similar provision
Would expand existing DHS authority over NIRT
NIRT .
by directing the Secretary to, at all times, set
standards, conduct exercises, evaluate performance,

---

CRS-29
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
and provide funds, for NIRT, to the Department of
Energy and the Environmental Protection Agency.
[Sec. 101(a), §543]
* Would establish a National Search and Rescue
No similar provision
Would authorize the National Urban Search and
Response System in FEMA. [Sec. 101, §525]
Rescue Response System and require the
establishment of an advisory committee. [Sec.
101(a), §544]
* Would establish a National Operations Center
Would require FEMA Director to establish an
No similar provision
(NOC) in DHS to coordinate national responses to
emergency operations center. [Sec. 203]
disasters and provide information to all levels of
government. The NOC would carry out the
responsibilities of the Homeland Security
Operations Center (HSOC), the National Response
Coordination Center (NRCC), and the Interagency
Incident Management Group (IIMG). [Sec. 101,
§520]
No similar provision
Would require Director to establish a logistics
Would require identification of areas for logistic
system. [Sec. 204]
support centers as part of asset inventory program.
[Sec. 101(a), §582(f)]
Would require the President to ensure that persons
Would prohibit discrimination with respect to
No similar provision
with limited English proficiency receive
limited English proficiency. Population groups
information and translation assistance, and requires
with limited English proficiency would be
that the needs of such persons be considered in
identified and assisted. [Sec. 209]
preparedness planning. [Sec. 220]
* Chief Medical Officer (CMO) would be required
No similar provision
Would establish CMO responsibilities similar to
to establish a program to assess health and safety
those in S. 3721. [Sec. 101(a), §505(c)] Would

---

CRS-30
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
of first responders after Incidents of National
require report to Congress on, and assessment of,
Significance, serve as advisor on public health
NDMS and whether or not it should remain in
issues, coordinate relevant DHS and other federal
DHS. [Sec. 103(b)]
activities, establish National Disaster Medical
System (NDMS) doctrine and priorities, manage
Metropolitan Medical Response System (MMRS),
among other responsibilities. [Sec. 101, §521(c)]
Would insert new title into the Stafford Act (Title
No similar provision
No similar provision
VII) that authorizes expanded aid for catastrophic
disasters. Would establish criteria for
determination that catastrophic damage has
occurred. Assistance that would be authorized
would include up to twice the funding for
Individual and Household grants with cost share
requirements waived, mortgage and rental
assistance, extended time for unemployment
assistance, higher community loan allowances, and
reimbursement for essential supplies. [Sec. 211]
Specific recovery functions
Existing policy: FEMA administers functions through a Recovery Division; HSA charges FEMA with responsibility for recovery and rebuilding communities.
[Secretary Chertoff’s 2SR reorganization, adopted 10/1/05, 6 U.S.C. 317(a)(2)(D)]
Would require CMO to establish a program to
No similar provision
Provision similar to S. 3721. Would require CMO
monitor health and safety of responders to
to establish a program to monitor health and safety
Incidents of National Significance. [Sec. 101,
of responders to Incidents of National Significance.
§521(d)]
[Sec. 101(a), §505(f)]
Would require the President, after establishment of
No similar provision
No similar provision
a long-term recovery office, to establish an Office

---

CRS-31
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
of Catastrophic Incident or Long-term Recovery in
the Executive Office of the President and appoint a
Chief Financial Officer to be head of the office.
Duties, qualifications, and authorities are specified.
[sec. 515]
Would authorize the President to establish long-
No similar provision
Would statutorily establish the Gulf Coast
term recovery offices after a catastrophic disaster.
Recovery Office (now established through
[Sec. 211, §707]
presidential directive). [Sec. 102]
Would authorize the President to provide short-
No similar provision
No similar provision
and long-term recovery assistance and to provide
guidelines to states regarding the assistance to be
made available. [Sec. 201(a)]
Would authorize FEMA Administrator to develop
No similar provision
No similar provision
and maintain a National Disaster Recovery
Strategy that identifies federal recovery assistance
and to report to Congress on those efforts. [Sec.
202]
Would authorize the President to provide federal
No similar provision
No similar provision
assistance to essential service providers (generally
utilities) for reasonable compensation and would
require reviews and reports to Congress. [Sec.
205]
Would require that consent of households be
No similar provision
No similar provision
obtained before housing assistance is provided, and

---

CRS-32
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
would retain eligibility for assistance if household
does not consent. Replaces “temporary” housing
reference with “semi-permanent or permanent.”
[Sec. 207]
Would remove funding caps on assistance
No similar provision
No similar provision
provided to individuals or households. [Sec. 208]
Would require establishment of an National
No similar provision
No similar provision
Emergency Child Locator Center to facilitate the
identification and location of missing children
after a disaster. [Sec. 216]
Would require establishment of a National
No similar provision
No similar provision
Emergency Family Registry and Locator System to
reunify separated families. [Sec. 217(b)]
Would prohibit denial of assistance disaster
No similar provision
No similar provision
victims in shared household because a household
member had previously received aid, and would
expand housing assistance for utilities and rental
calculations. Also would require clear language
presentation of housing assistance availability.
[Sec. 218]
Would expand the crisis counseling and mental
No similar provision
No similar provision
health services authority of the President and
require study of mental health and substance abuse
needs and services of disaster victims. [Sec. 219]
Would authorize the President to provide
No similar provision
No similar provision

---

CRS-33
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
relocation transportation for displaced persons and
case management services to state and local
governments or organizations. [Sec. 222]
Would expand eligibility for federal disaster
No similar provision
No similar provision
assistance for rebuilding or repairing public
facilities in cases where repair or replacement is
infeasible. The provision of in-lieu grants at the
90% level, in place of rebuilding funds, would no
longer be restricted to cases of soil instability.
[Sec. 225]
Would authorize the President to help state and
No similar provision
No similar provision
local governments provide housing for volunteers
assisting with recovery. [Sec. 226]
Would amend the Stafford Act to authorize federal
No similar provision
No similar provision
funds to repair existing rental units for use by
disaster victims. [Sec. 227]
Would require a review of debris removal
No similar provision
No similar provision
procedures and authorize incentives for recycling
debris and a related report to Congress. [Sec. 228]
Would authorize placement of those displaced by
No similar provision
No similar provision
Hurricanes Katrina or Rita in manufactured homes
in flood hazard areas, under specified conditions.
[Sec. 229(b)]
Would require that the Administrator establish an
No similar provision
No similar provision
identity verification process to ensure that

---

CRS-34
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
Individuals and Households Program (IHP)
assistance is provided to eligible applicants. [Sec.
504]
Specific mitigation functions
Existing Policy:
Would require that state mitigation plans address
No similar provision
No similar provision
man-made as well as natural threats, and would
authorize the use of Hazard Mitigation Grant
Program (HMGP) funds to address man-made
threats. [Sec. 203]
Would establish scale for HMGP funding based on
No similar provision
No similar provision
severity of major disaster. [Sec. 206]
Continuity of Operations (COOP) C
Existing policy: Federal departments and agencies are responsible for contingency planning, including continuity of operations, within the executive branch,
in coordination with FEMA. [E.O. 12656, Presidential Decision Directive (PDD) 67, and Federal Preparedness Circular (FPC) 65]
No similar provision
Responsibilities of the proposed independent
No similar provision
FEMA would include developing guidance for
and coordinating federal continuity plans and
operations. [Sec. 102(a)(3)]
Disabled and Special Needs.
Preparations and guidelines
Would require FEMA Administrator to develop
No similar provision
Would provide that the Office of Public and
guidelines for individuals with disabilities, prohibit
Community Preparedness meet the emergency

---

CRS-35
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
discrimination, and authorize the provision of
needs of individuals with disabilities, among others.
durable medical equipment. Other amendments to
[Sec. 101(a), §527]
Stafford Act would address facility access
concerns, transportation access, and inclusion of
Would provide that catastrophic planning must take
disabled persons in preparedness planning. [Sec.
into account the needs of persons with disabilities,
212]
among others. [Sec. 101(a), §524]
Would require the appointment of a FEMA
No similar provision
No similar provision
Disability Coordinator, with specified
responsibilities. [Sec. 213]
Would establish accessibility requirements for
No similar provision
No similar provision
housing units. [Sec. 214]
Leadership.
Appointment authority (PAS means presidentially appointed, with the advice and consent of the Senate.)
Existing policy: U/S for Federal Emergency Management is Level III PAS position. [6 U.S.C. 113; Reorganized under 6 U.S.C. 452; see letter from Sec.
Chertoff to Congress, 4/6/06] U/S for Preparedness is Level III PAS position. [6 U.S.C. 113; Reorganized under 6 U.S.C. 452; see letter from Sec. Chertoff to
Congress, 7/13/05]
Assistant Secretary (A/S) for Grants and Training is a Level IV PAS position in the Directorate of Preparedness. [6 U.S.C. 238; reorganized under 6 U.S.C.
452; letter from Sec. Ridge to Congress, 1/26/04, and letter from Sec. Chertoff to Congress, 7/13/05] U.S. Fire Administration is located in the Directorate of
Preparedness. [6 U.S.C. 313; reorganized under 6 U.S.C. 452, letter from Sec. Chertoff to Congress, 7/13/05] Its administrator is Level IV PAS position under
a separate statute. [15 U.S.C. 2204] Appointments to most other leadership positions made by the Secretary.
* FEMA Administrator would be a Level II PAS
Would establish FEMA Director as a Level I PAS
Would establish U/S for Emergency Management,
position. The DHS positions currently titled U/S
position. [Sec. 103(a)(1) and (4)]
as head of DEM, as a PAS position (pay level not
for Preparedness and U/S for Federal Emergency
specified). [Sec. 101(a), §501(a)]
Management would no longer exist in statute. [Sec.
101, §512(c)(1); Sec. 104(a)(1) and (b)]
* Directors for Preparedness and for Response and
Would authorize the FEMA Director to appoint a
Dep. U/S’s for Emergency Preparedness and
Recovery would be Level III PAS positions
Deputy Director in the competitive service. [Sec.
Mitigation, and for Emergency Response and

---

CRS-36
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
reporting to the Administrator. [Sec. 101, §516(a);
103(b)(1)]
Recovery would be PAS positions (pay levels not
Sec. 104(a)(2)]
specified). [Sec. 101(a), §§501(b) and (c)]
* Would establish A/S for Cybersecurity and
No similar provision
Would establish, as PAS positions, an A/S for
Telecommunications, with appointment authority
Grants and Planning, an A/S for Training and
and pay level unspecified. [Sec. 101, §530(a)]
Exercises, an A/S for Emergency Communications,
an A/S for Infrastructure Protection, and an A/S for
Cybersecurity and Telecommunications (pay levels
not specified). President would be directed to
submit a nomination for the position of A/S for
Cybersecurity and Telecommunications within 90
days of enactment. [Sec. 101(a), §§501(d) and
592(e)]
* The Administrator’s rank would be that of
No similar provision
No similar provision
Assistant Secretary in DHS. [Sec. 101, §530(b)]
* Would establish the Chief Medical Officer
No similar provision
Would establish the CMO as a PAS position
(CMO) as a PAS position (pay level unspecified)
reporting to the U/S. A deputy CMO would be
reporting directly to the Administrator. [Sec. 101,
appointed by the Secretary. (Pay levels are
§521(a)]
unspecified.) [Sec. 101(a), §§505(a) and (d)]
* Regional Administrators for Preparedness and
No similar provision
DHS Secretary would appoint regional directors
Response, for each region, would be appointed by,
and deputy directors after consulting with state,
and report to, the FEMA Administrator (pay level
local, and tribal officials (pay level unspecified).
unspecified). [Sec. 101, §517(b)(1)]
[Sec. 101(a), §504(b)]
No similar provision, but would establish an Office
Would authorize FEMA Director to appoint a
No similar provision
of Catastrophic Incidents and Long-Term
chief financial officer (CFO) who shall be in the
Recovery, headed by a Chief Financial Officer
competitive service or Senior Executive Service.

---

CRS-37
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
(CFO) and located in the Executive Office of the
[Sec. 108(a)]
President. The CFO would be a PAS position.
[Sec. 515(a)]
No similar provision
Inspector general (IG) office established, with pay
Would require the DHS IG to appoint a Deputy IG
level and appointment authority unspecified. [Sec.
for Response and Recovery as a career member of
104]
the Senior Executive Service. This Deputy IG
would be under the direct authority and supervision
of, and within the office of, the DHS IG. [Sec. 205,
§813(a), (b)(1), and (c)]
* Would establish, in DHS, a Director of the
No similar provision
Would establish the positions of Director of State,
Office for the Prevention of Terrorism, with pay
Local, and Tribal Government Coordination;
level and appointment authority unspecified. This
Director of the Office of National Capital Region
director would report directly to the Secretary.
Coordination; the Director of Public and
[Sec. 101, §529(a), (b)(1)]
Community Preparedness; the Director of the
National Incident Management System and
National Response Plan Integration Center; and
Director of the Gulf Coast Long-Term Recovery
Office; each of whom would be appointed by the
DHS Secretary (pay levels unspecified). [Sec.
101(a), §§507(b), 508(a)(2), 527(b), 541(b); Sec.
102(b)]
Qualifications
Existing policy: Specified in statute, as noted, for the Chief Financial Officer and Inspector General positions.
* Persons filling FEMA Administrator and
Director and Deputy Director would be selected
Would require that U/S have demonstrated ability
Director positions would have to hold at least five
from individuals who have extensive experience
in and knowledge of emergency management and

---

CRS-38
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
years of executive leadership and management
in emergency preparedness, response, recovery,
homeland security. [Sec. 101(a), § 501(a)(2)]
experience, “significant experience in crisis
and mitigation for all hazards, including major
Deputy U/S for Emergency Preparedness and
management” or related field, and substantial staff
disasters, acts of terrorism and other emergencies.
Mitigation would be required to possess same for
and budget management ability. DHS FEMA and
[Sec. 103(a)(2) and (b)(2)]
emergency preparedness and mitigation. [Sec.
Preparedness officials may serve as directors
101(a), § 501(b)(2)]
during interim period. [Sec. 101, §§512(c)(2) and
Deputy U/S for Emergency Response and Recovery
516(b), (c)(1)]
would be required to possess same for emergency
The interim service provision applies if the
response and recovery. [Sec. 101(a), § 501(c)(2)]
individual serving as FEMA or Preparedness
Under Secretary has been confirmed for that
position by the Senate. [Sec. 101, §516(c)(2)]
* Regional administrators would be Senior
No similar provision
Regional directors and dep. directors would be
Executive Service employees qualified to serve as
required to possess ability in and knowledge of
FCO. [Sec. 101, §517(b)(2)]
emergency management, and familiarity with
region’s geography and demography. [Sec. 101(a),
§ 504(b)(3)]
* The Director of the Office for the Prevention of
No similar provision
No similar provision
Terrorism would be required to have experience in
law enforcement, intelligence, or other
anti-terrorist functions. [Sec. 101, §529(b)(2)]
* FEMA would include a Chief Medical Officer
No similar provision
CMO and Deputy CMO would be required to
(CMO) with demonstrated ability in and a
possess ability in and knowledge of medicine and
knowledge of public health and medicine. [Sec.
public health. [Sec. 101(a), §§ 505(b) and (e)]
101, §521(b)]
The CFO heading the Office of Catastrophic or
No similar provision
Deputy IG for Response and Recovery would be
Long-term Recovery would be required to have the
(Qualifications are specified under existing
required to possess integrity and ability in

---

CRS-39
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
qualifications specified for other executive branch
statutes for the CFO and IG positions that would
accounting, auditing, financial analysis, law,
CFOs and set out at 31 U.S.C. 901(a)(3), as well as
be established by this bill. [31 U.S.C. 901(a)(3); 5
management analysis, public administration, or
knowledge of Federal contracting and policy-
App. Inspector General Act of 1978])
investigations. [Sec. 205(a), §813(b)(2)]
making functions. [Sec. 515(c)]
* No position would be established by this bill that
would be subject to the Inspector General Act of
1978.
Delegation and assignment
Existing policy: As provided for in the Homeland Security Act, “Unless otherwise provided in the delegation or by law, any function delegated under this
chapter may be redelegated to any subordinate.” [6 U.S.C. 455(c)]
* Would explicitly prohibit reductions, by the
Except where otherwise expressly prohibited by
No similar provision
Secretary, of authorities, responsibilities, or
law or provided by the bill, the Director would be
functions of FEMA, or FEMA’s capability to
authorized to delegate to FEMA officers and
perform its responsibilities. Would prohibit most
employees any of the functions transferred to the
transfers of FEMA assets, functions, or missions to
Director under the bill or subsequently vested in
other parts of DHS. [Sec. 101, §515(c)]
him. Successive redelegations as necessary or
appropriate could be authorized by the Director.
The Director would retain the responsibility for
the administration of such functions. [Sec.
106(b)]
Rules
Existing policy: “The issuance of regulations by the Secretary shall be governed by the provisions of chapter 5 of title 5 [administrative procedure], except as
specifically provided in this chapter, in laws granting regulatory authorities that are transferred by this chapter, and in laws enacted after November 25,

---

CRS-40
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
2002.” [6 U.S.C. 112(e)]
No similar provision
The Director would be authorized to prescribe
No similar provision
rules and regulations as necessary or appropriate,
in accordance with 5 U.S.C. Chapters 5
(administrative procedure) and 6 (regulatory
functions), to administer and manage FEMA.
[Sec. 106(d)]
Interagency and Intergovernmental Coordination.
Federal interagency coordination
Existing policy: Secretary of DHS (and during Incidents of National Significance, the Principal Federal Official, or PFO) and the Federal Coordinating
Officer (FCO) during major disasters and emergencies [42 U.S.C. 5143; National Response Plan, Homeland Security Presidential Directive (HSPD)-5]
Would require that FCOs serve as primary contact
FEMA would be required to have a liaison office
Authority of FCOs would remain unaffected. [Sec.
for DHS Secretary, and would authorize
to coordinate with DHS during potential or actual
101, §504(g)(1)]
appointment of deputy FCOs. [Sec. 209]
terrorist incident. [Sec. 105(d)]
No similar provision
No similar provision
Would establish a National Biosurveillance
Integration System (NBIS) to assure interagency
coordination of biological events. CMO would
exercise specified responsibility concerning NBIS.
Head of any federal agency could detail personnel
to provide assistance. CMO would establish an
interagency coordination council and report
annually to Congress on NBIS activities. [Sec.
101(a), §506]
Would require the FEMA Administrator and Corps
No similar provision
No similar provision
of Engineers to coordinate on disaster response,

---

CRS-41
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
recovery, and mitigation. Consultations would
cover ways to establish better communication and
strategic planning, within departments, on levees,
levy repair, flood plain management, critical
infrastructure, and other relevant matters
pertaining to vulnerable communities. [Sec. 101,
§538]
Federalism
Existing policy: FCO coordinates with state official(s) during major disasters or emergencies. [42 U.S.C. 5143] DHS Secretary required to develop and co-
locate regional offices of agencies transferred to DHS. [6 U.S.C. 346] Office for National Capital Region Coordination established in DHS. [6 U.S.C. 462]
* FEMA Administrator would be required to
No similar provisions
Would establish and set forth responsibilities of
establish 10 regional offices, each with a Regional
regional offices and Regional Advisory Councils on
Advisory Council, and may designate the Office
Emergency Management. Agency representatives
for National Capital Region Coordination as a
would be housed in regional offices. Would not be
regional office. [Sec. 101, §§517(a) and (c)(2)(E)]
construed as limiting state, local, or tribal
Responsibilities of regional administrators would
government power. [Sec. 101(a), §504]
include coordination of activities with state and
Would establish Office of National Capital Region
local governments in the geographical area served,
Coordination in DEM. [Sec. 101(a), §508]
establishing strike teams, among others. [Sec. 101,
§517(c)]
Administrator would be required to establish area
offices for the Pacific and Caribbean areas. [Sec.
101, §517(d)]
No similar provision
No similar provision
Would establish Office of State, Local, and Tribal
Government Coordination. [Sec. 101(a), §507]

---

CRS-42
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
* Would authorize Secretary to fund
Would authorize grants for the administration of
Provision similar to S. 3721. [Sec. 101(a), §546]
administration and improvement of the
EMAC. [Sec. 302]
Emergency Management Assistance Compact
(EMAC). [Sec. 101, §528]
* Would establish the Metropolitan Medical
No similar provision
Provision similar to S. 3721. [Sec. 101(a), §545]
Response System (MMRS) in FEMA. [Sec. 101,
§526]
No similar provision
No similar provision
Authority of state, local, and tribal governments
would remain unaffected by provisions of the
legislation. [Sec. 101, §504(g)(2)]
Would require EMA Administrator to promote
No similar provision
Would establish an Office of Public and
public and community preparedness. [Sec. 101,
Community Preparedness to assist state, local, and
§522]
tribal governments in public preparedness
activities. Office would administer programs
related to Citizen Corps, Community Emergency
Response Teams, and other entities; would provide
information to state and local governments and
non-governmental organizations; and would
consider the needs of at-risk communities [Sec.
101(a), §527]
No similar provision
No similar provision
Would allow the use of grants to hire qualified
intelligence analysts in state, local, and tribal
governments. [Sec. 105]
* Would establish an Office for the Prevention of
No similar provision
Would establish Office of Grants and Planning in
Terrorism in DHS to coordinate with state and
DEM to aid preparedness of state and local
local agencies. Would require Director to
governments for acts of terrorism, natural disasters,
coordinate policy and activities, work with DHS
and other emergencies. [Sec. 101(a), §521]

---

CRS-43
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
grants office, and establish a pilot project.
Department of Justice roles or responsibilities
would be unaffected. [Sec. 101, §529(a), (d), (e),
and (f)]
Relationships with non-governmental organizations (NGOs) and foreign governments
Existing policy: Agreement exists for the delivery of mass care by NGOs after Incidents of National Significance (INS) [National Response Plan]
President authorized to use services of disaster relief NGOs. [42 U.S.C. 5152]
* National Advisory Council on Preparedness and
National Emergency Preparedness Task Force
Would establish a Regional Advisory Council
Response would include private sector
would include non-governmental organizations.
including private sector members. [Sec. 101(a),
representatives. [Sec. 101, §518] [S.A. 4560, Sec.
[Sec. 301(a), §707]
§504(e)]
602, §508 included “Emergency” in council title.]
No similar provision
No similar provision
Would encourage use of national private sector
networks for emergency response. [Sec. 101(a),
§542]
Would authorize the President to accept gifts and
No similar provision
No similar provision
services from foreign organizations and
governments. [Sec. 223]
Would require FEMA Administrator to consult
No similar provision
No similar provision
with Secretaries of Defense and State on policies
concerning the coordination of assistance. [Sec.
224]
Credentials
Existing policy: No provisions in current policy.
* Would require that the Administrator work with
Would require that the Director establish a
Would require NIC officials to establish and

---

CRS-44
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
non-federal officials to establish nationwide
credentialing system for the disaster workforce.
maintain a credentialing system related emergency
credentialing standards. Would require the
[Sec. 121(a), §10105(b)(4)]
response officials and organizations. [Sec. 101(a),
Administrator to establish and maintain a database
§§541(c)(13), (14), and (15)]
of federal emergency response providers and other
credentialed federal personnel. The Administrator
would facilitate, in specified ways, credentialing of
state and local emergency response providers.
Reporting requirements and time frames for
completing all actions are specified. [Sec. 101,
§531]
Personnel. D
Existing policy: Authorizes the establishment of a new human resources management system, referred to as Max-HR, for DHS. [5 U.S.C. Chapter 97] Permits
changes to the staffing, position classification, pay, performance management, adverse actions and appeals, and labor management relations systems.
No similar provision
Officers and employees would be subject to the
No similar provision
appointment, compensation, and other provisions
of Title 5, United States Code (Title 5), to the
same extent and in the same manner as any other
officer or employee, but officers and employees
would not be subject to the DHS human resources
management system established at 5 U.S.C.
Chapter 97. [Sec. 106 (a)(1)]
The Secretary would assign permanent staff and
No similar provision
No similar provision
detail other appropriate personnel from other DHS
components to the Office for the Prevention of
Terrorism. Senior employees from each DHS
component having significant antiterrorism
responsibilities would be designated, by the
Secretary, to act as liaisons between the
components and the Office. [Sec. 101, §529(c)]

---

CRS-45
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
Applicability of Civil Service laws and selection
Existing policy: Current statutory policies do not provide authority for agency Directors to fix compensation.
No similar provision
The Director could appoint and fix the
No similar provision
compensation of officers and employees,
including investigators, attorneys, and
administrative law judges, necessary to carry out
transferred functions. [Sec. 106(a)(1)]
Experts and consultants
Existing policy: An agency head may contract for the temporary (up to one year) or intermittent services of experts and consultants without regard to the Title
5 United States Code provisions on appointment or the 5 U.S.C. Chapters 51 and 53 provisions on position classification and pay. [5 U.S.C. §3109]
No similar provision
In accordance with 5 U.S.C. §3109, the Director
No similar provision
could obtain the services of experts and
consultants, who would be compensated as
specified. [Sec. 106(a)(2)]
Effect on personnel
Existing policy: Specified transferred personnel would not be separated or reduced in pay grade or compensation for one year after the date of the transfer,
except as otherwise provided in that chapter of the code. [6 U.S.C. 411(b)(1)] Any individual in an Executive Schedule position appointed to a comparable
position in the new department without a break in service would continue to be compensated at no less than that pay rate. [6 U.S.C. 411(b)(2)]
No similar provision
Specified transferred personnel would not be
No similar provision
separated or reduced in pay grade or
compensation for one year after the date of the
transfer, except as otherwise provided by the bill.
Any individual in an Executive Schedule position
appointed to a comparable position in the new
agency without a break in service would continue

---

CRS-46
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
to be compensated at no less than that pay rate,
except as otherwise provided by the bill. [Sec.
106(g)]
Workforce development and training
Existing policy: Executive agency heads must submit a strategic plan for program activities to the Office of Management and Budget (OMB) and Congress at
least every three years. The plan, which must include specified elements, must cover at least five years forward from the fiscal year in which it is submitted. [5
U.S.C. 306] A Chief Human Capital Officer (CHCO), among other responsibilities, sets the strategy for developing the workforce, assesses the characteristics
and future needs of the workforce based on the mission and strategic plan of the agency, and aligns human resources policies and programs with the agency’s
mission, strategic goals, and performance outcomes. [5 U.S.C. 1402] Training for DHS employees is governed by 5 U.S.C. Chapter 41.
Would require that FEMA develop a strategic
Would authorize the Director to develop a human
No similar provision
human capital plan for the Agency. It would
capital strategy to ensure that FEMA has a
include an analysis of gaps in the workforce, plans
workforce of the appropriate size and with the
to address those gaps, and a discussion of the
appropriate skills and training to effectively carry
Surge Capacity Force. The bill specifies issues
out its mission and responsibilities, consistent
that these three elements would address. This plan
with the policies and plans developed pursuant to
would be updated annually through 2012, and
the strategy. The human capital strategy would
would include the Administrator’s assessment of
include specified elements. Not later than six
department and agency implementation progress,
months after enactment the Director would be
based on results-oriented performance measures.
required to submit the human capital strategy to
The Comptroller General would evaluate the plan
Congress with periodic updates to follow. [Sec.
and its updates. Requirements for reports to
121, §10102]
Congress are specified. [Sec. 301]
Would require the Administrator to identify career
No similar provision
The A/S for Training and Exercises would be
paths within FEMA and to ensure that FEMA
required to establish a comprehensive program for
personnel are afforded related educational, training
the professional development and education of
and experience opportunities. Would require the
homeland security personnel at all levels of
Administrator to set a personnel assignment policy
government, nongovernmental organizations, and
balancing career path goals and the need to require
emergency management personnel in the private
sufficient tenure to meet other specified goals.
sector. [Sec. 101(a), §522(c)(8)]
[Sec. 302]

---

CRS-47
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
Would amend Title VIII of the HSA to create a
No similar provision
No similar provision
DHS employee rotation program, with specified
workforce development goals, and established by
the Secretary in accordance with the DHS Human
Capital Strategic Plan. The program would apply
best practices, including those suggested by the
Chief Human Capital Officers Council and would
be administered by the DHS Chief Human Capital
Officer (CHCO). [Sec. 305]
[See also provision on National Homeland
Security Academy below.]
See provision immediately below.
No similar provision
The National Exercise Simulation Center would
provide a learning environment for the homeland
security personnel of all federal departments and
agencies. [Sec. 101(a), § 522(i)(2)]
Would amend Title VIII of HSA to create a
No similar provision
Would establish a graduate-level Homeland
National Homeland Security Academy. to be
Security Education Program in the National Capital
established by the Secretary. The Academy would
Region. Would establish requirements for service
comprise four entities: (1) the National Homeland
commitment for selected employees. [Sec. 101(a),
Security Education and Strategy Center to provide
§526]
fundamental instruction and develop a homeland
security curriculum; (2) a communications
network that can provide for distance learning; (3)
the programs of the Center for Homeland Defense
and Security at the Naval Postgraduate School; and
(4) the National Homeland Security Education
Network, made up of representatives of all
academies and training centers within DHS
jurisdiction. The Academy would have a specified
educational and training mission, enrollment
targets, and specified responsibilities. The bill

---

CRS-48
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
specifies the responsibilities of the Academy’s
components, officials and staff, eligibility for
admission, standards for the curriculum, reporting
requirements, and coordination practices.
[Sec. 303]
The DHS Inspector General would evaluate, for
No similar provision
No similar provision
Congress, the implications of converting a portion
of FEMA’s temporary workers to full-time
permanent positions. [Sec. 307]
Recruitment
Existing policy: Payment of recruitment bonuses by executive agency heads governed by existing authority. [5 U.S.C. 5753] In addition, several other
provisions at 5 U.S.C. 5753 apply to recruitment bonuses.
No similar provision
Would authorize FEMA Director to pay
No similar provision
recruitment bonuses for difficult-to-fill positions,
with specifications regarding amount and form of
the bonus and requirements for an employee
receiving a bonus. Political appointees not eligible
to receive recruitment bonuses. Authority to pay
bonuses would end five years after enactment of
Chapter 101. [Sec. 121, §10103]
Retention
Existing policy: Payment of retention bonuses by executive agency heads governed by existing authority. [5 U.S.C. 5754] Several additional provisions at 5
U.S.C. 5754 apply to retention bonuses.
No similar provision
Would authorize the Director to pay bonuses to
No similar provision
retain certain hard-to-retain employees under
specified circumstances, with specifications
regarding the amount and form of the bonus and
service agreement requirements for an employee

---

CRS-49
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
receiving a bonus. A retention bonus could not be
based on any period of service which is the basis
for a recruitment bonus. The authority to pay
bonuses would end five years after Chapter 101
was enacted. [Sec. 121, §10104]
The Administrator would prepare a report for
No similar provision
No similar provision
Congress on vacant positions within FEMA. The
bill specifies requirements for the report which
would include a plan for reducing both the time
required to fill positions and the number of
positions which are currently vacant or anticipated
to be so. Quarterly updates, to include the
Administrator’s assessment of FEMA’s progress in
filling vacant positions, would be required for the
next five years. [Sec. 306]
Disaster workforce
Existing policy: Current statutory policy does not address disaster reserve cadre.
The Administrator would establish a Surge
Authorizes the establishment, within FEMA, of a
No similar provision
Capacity Force (SCF) to be deployed to disasters,
disaster workforce reserve cadre to meet the
including catastrophic incidents. DHS employees
agency’s surge requirements during emergencies.
who are not employees of FEMA, as well as
The Director would review the current disaster
employees of other federal departments and
workforce reserve and redevelop it to create a
agencies, would be designated by the Secretary to
cadre with specified characteristics. Also includes
serve on SCF. Specifies credentialing and training
provisions facilitating the participation of
requirements for SCF members. A database with
annuitants in such a cadre, with duration caps, and
specified information would be established and
for cadre member training expenses. [Sec. 121,
maintained by the Administrator. [Sec. 304]
§10105]

---

CRS-50
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
Information Technology.
Improvements to Information Technology Systems
Existing policy: No provisions in current policy.
The Administrator would ensure that FEMA’s
No similar provision
No similar provision
information technology systems are updated,
compatible, and track disaster response personnel,
as well as task orders for mission assignments,
commodities, and supplies used in disaster
response. Training on the use of those systems
would be provided to FEMA personnel, including
disaster response personnel. [Sec. 101, §534]
Investigations and Reports.
Accountability, waste and fraud prevention and oversight
Existing policy: Penalties established for persons who knowingly misapply Stafford Act assistance proceeds. [42 U.S.C. 5157]
Would require Comptroller General to report to
Would permit the Director to authorize use by
Would amend the HSA to mandate that the
Congress on fraud prevention programs used by
recipient agencies of up to 1% of mission
Secretary establish of a fraud prevention training
DHS and recommend additional fraud prevention
assignment funds for oversight activities to
program for federal employees and non-federal
controls. Would also require the Secretary to
prevent fraud and waste. [Sec. 208]
officials. [Sec. 101(a), §584] Would amend HSA to
conduct training on fraud awareness. [Sec. 502]
require the Secretary of DHS to prevent and detect
fraud, waste, and abuse of funds administered by
DEM. Would require review by DHS IG and an
annual certification to Congress that proper controls
are in place. [Sec. 201, §707] Would provide for
an assessment of, and report concerning, the past
and potential future use of independent private
sector IGs. [Sec. 202] Would amend the HSA to

---

CRS-51
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
establish a Deputy IG for Response and Recovery,
under the DHS IG, as a career position. This
official would conduct and supervise audits and
investigations related to disaster assistance funding.
Would require that agencies receiving or spending
federal funds distinguish those funds from other
agency funds. [Sec. 205, §§813(d) and (e)] Would
amend the HSA to protect the DHS official seal and
insignia. [Sec. 206, §875(d)]
No similar provision
No similar provision
Would amend the HSA to require that grantees
report on expenditures of federal emergency
management funds. Federal agencies would be
required to report to their respective IGs on the
expenditure of funds. Such reports would need to
be submitted pursuant to specified time frames.
[Sec. 203, §856a]
Would require that the Secretary of DHS ensure
No similar provision
Would amend the HSA to require increased
that information technology systems ensure the
information sharing among federal agencies to
validity of claims for Stafford Act assistance. [Sec.
confirm the identity and eligibility of those seeking
505]
emergency assistance. [Sec. 204, §856b]
Would require the Comptroller General to report to
No similar provision
No similar provision
Congress on compliance of DHS with the Single
Audit Act for the two year period preceding
enactment of this legislation. [Sec. 512]
Would require the Comptroller General to report to
No similar provision
No similar provision
Congress on DHS compliance with the Improper
Payments Information Act with respect to disasters
similar to Hurricane Katrina as well as the
presence of internal controls in DHS. [Sec. 513]

---

CRS-52
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
Reporting and evaluation
Existing policy: Current statutory policy does not contain comparable reporting or evaluation requirements.
No similar provisions
Director would be required to report to Congress
No similar provisions
on recommended legislation. [Sec. 108(b)]
Director would be required to submit annual
reports to Congress on emergency preparedness in
the nation. [Sec. 301(a), §703(b)(8)]
*Would establish a System Assessment and
No similar provision
Provision similar to S. 3721. Would require
Validation for Emergency Responders (SAVER)
establishment of a SAVER Program. [Sec. 101(a),
Program to provide evaluations of emergency
§525]
response equipment and systems. [Sec. 101, §524]
No similar provision
No similar provision
Would require that the National Academy of Public
Administration (NAPA) study the implementation
of organizational changes at DHS and provide
assistance with such implementation during this
process. [Sec. 107]
No similar provision
No similar provision
Would establish requirements for the Government
Accountability Office (GAO) to report to Congress
on homeland security training. [Sec. 108(a) and (b)]
Would require the Comptroller General to study
No similar provision
No similar provision
and report to Congress on the accessibility, and use
by disabled persons, of emergency shelters. [Sec.
215]

---

CRS-53
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
FEMA expenses
Would require report to Congress by the
No similar provision
No similar provision
Comptroller General on the increase in fixed costs
or expenses incurred by FEMA from January 1,
2000 through enactment. The report would also be
required to include an analysis of additional
resources needed by the agency. [Sec. 101,
§513(d)]
Disclosure of Certain Information to Law Enforcement Agencies
Existing policy: Current statutory policy does not contain comparable requirement.
The Secretary would authorized to disclose, in
No similar provision
No similar provision
accordance with the Privacy Act, information in
any DHS database on individual assistance to any
federal, State, or local government law
enforcement agency when circumstances require
an evacuation, sheltering, or mass relocation of the
population. This would occur for the purposes of
identifying illegal conduct or addressing public
safety or security issues. [Sec. 101, §539]
Reorganization. E
Existing policy: President was granted specified reorganization authority during the year following the effective date of HSA (2003). [6 U.S.C. 542]
DHS Secretary has ongoing broad reorganization authority under the act. [6 U.S.C. 452]
* Would exempt FEMA from the Secretary’s
FEMA Director would exercise authority to
The congressional notification requirement for a
broad reorganization authority under 6 U.S.C. 452.
reorganize FEMA similar to that of the DHS
DEM reorganization by the Secretary under
Would explicitly prohibit reductions, by the
Secretary under 6 U.S.C. 452, with a shorter
existing authority, at 6 U.S.C. 452, would be
Secretary, of authorities, responsibilities, or
period of time (30 days) between notification of
lengthened from 60 to 120 days. [Sec. 101(a),

---

CRS-54
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
functions of FEMA, or FEMA’s capability to
Congress and implementation. [Sec. 106(c)]
§510]
perform its responsibilities. Would prohibit most
transfers of FEMA assets, functions, or missions to
other parts of DHS. [Sec. 101, §515(b), (c)]
Transfer and Transition.
Transfer and Allocations of Appropriations and Personnel
Existing policy: Emergency management-related functions, personnel, assets, and liabilities were transferred to the DHS Secretary. [6 U.S.C. 503]
Certain functions were subsequently re-transferred within DHS under the President’s and secy’s reorganization authorities. For specific information, see
specific functional categories above. Requirements for transferring functions and activities, generally, are specified at 31 U.S.C. 1531.
* No similar provisions, but see “Overall
Transfers from DHS to FEMA would be subject to
No similar provisions, but see “Overall Mission,”
Mission,” above, for transfers.
31 U.S.C. 1531. The personnel employed in
above, for transfers.
connection with the functions transferred by Sec.
105 would be transferred to FEMA. Additionally,
the assets, liabilities, contracts, property records,
and unexpended balances of appropriations,
authorizations, allocations, and other funds
employed, used, held, arising from, available to,
or made available in connection with the functions
transferred by Sec. 105 would be transferred to
FEMA. Funds transferred which were
unexpended would be used only for the purposes
for which they were originally authorized and
appropriated. [Sec. 106(e)]
The OMB Director, in consultation with the
FEMA Director, could make such determinations
as necessary for the functions transferred by
Section 105. He also could, as necessary, make
such additional incidental dispositions of
personnel, assets, liabilities, grants, contracts,

---

CRS-55
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
property, records, and unexpended balances of
appropriations, authorizations, allocations, and
other funds held, used, arising from, available to,
or to be made available in connection with the
functions. The OMB Director would provide for
the termination of the affairs of all entities
terminated by Title I of H.R. 5316 and for such
further measures and dispositions as necessary.
[Sec. 106(f)]
No similar provision
No similar provision
Would assign responsibility for existing federal
training centers to A/S for Training and Exercises.
[Sec 101(a), §522(d)]
Transition
Existing policy: HSA transition provisions include those requiring the development of an initial reorganization plan, calling for a review of congressional
committee structures, allowing for transitional authorities, terminating executive-level positions not explicitly transferred, requiring continuity of inspector
general oversight, and providing for incidental transfers. [6 U.S.C. 541-557] The transition period is defined as “the 12-month period beginning on the
effective date of [the] Act.” [6 U.S.C. 541(2)]
* Legal references to the Director of FEMA would
No similar provisions
No similar provisions
be considered to apply to the Administrator of
FEMA. [Sec. 104(c)] Individuals serving as the
U/S of Federal Emergency Management and the
U/S of Preparedness could serve as directors until
permanent directors were appointed. [Sec. 101,
§516(c)(1)]
The interim service provision would apply if the
individual serving as FEMA or Preparedness
Under Secretary had been confirmed for that
position by the Senate. [Sec. 101, §516(c)(2)]

---

CRS-56
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
No similar provision
Transition would be required to be carried out no
No similar provision
later than February 1, 2007. [Sec. 105(b)]
FEMA Director may use FEMA personnel and
funds to implement the transition. [Sec. 105(c)]
No similar provision
Would provide for the continuity of legal
No similar provision
documents, proceedings, legal suits and actions,
regulatory actions, and legal references. [Sec. 107]
Procurement.
Existing policy: The HSA includes procurement provisions pertaining to research and development, personal services, special streamlined acquisition
authority, unsolicited proposals, contracts with corporate expatriates, and emergency procurement flexibility. [6 U.S.C. 393-395, 421-428] The act does not
address limitations on subcontracting, non-competitive contracts, or prohibitions on consideration of political affiliation in the award of agency contracts.
No similar provision
No similar provision
Would direct the Secretary, through the U/S for
Emergency Management and in coordination with
regional directors, to establish and maintain a small
business database for federal contracting related to
major disasters and emergency assistance activities.
[Sec. 101(a), §583]
No similar provisions
Would instruct the Director to promulgate
No similar provisions
regulations placing limitations on subcontracting
agency-contracted work [Sec. 131], and on the
length of certain non-competitive contracts. [Sec.
132] In addition, the bill would prohibit the
consideration of political affiliation in the award
of agency contracts. [Sec. 133]
Excessive pass-through charges on contracts
No similar provision
No similar provision
involving subcontractors would be prohibited.
Would require related report to Congress by the

---

CRS-57
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
Comptroller General. [Sec. 501]
Director of OMB would establish a Contingency
No similar provision
No similar provision
Contracting Corps, which would consist of
contracting officers serving on a temporary and
voluntary basis. [Sec. 503]
Would require the head of FEMA to create and
No similar provision
No similar provision
maintain an online registry of contractors that
provide disaster or emergency relief services.
[Sec. 506]
Would expand the list of supplies or services that
No similar provision
No similar provision
state and local governments may purchase from
General Services Administration’s (GSA) federal
supply schedules. [Sec. 507]
Would amend the Stafford Act to require written
No similar provision
No similar provision
justification for any expenditure of federal funds
for disaster and recovery work that is not awarded
to local organizations, firms, or individuals. [Sec.
508, §307]
FEMA’s Administrator would be required to
No similar provision
Would amend the HSA to authorize the U/S to pre-
develop and implement an advance contracting
negotiate contracts for the delivery of goods and
strategy for recurring requirements for goods and
services related to response and recovery after
services needed for disaster recovery. Would
emergencies, provide preferences to small
require a related report to Congress, by the
businesses, use competitive procedures, and consult
Administrator, on recurring disaster response
with other federal agencies. Contract authority
requirements. [Sec. 509]
could be delegated to regional directors. [Sec.
101(a), §585]
Would require OMB to issue guidance on purchase
No similar provision
No similar provision

---

CRS-58
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
cards for making micropurchases, and also would
require agency senior procurement executives to
submit periodic reports to OMB on their agencies’
compliance efforts. GSA, in conjunction with the
Internal Revenue Service and the Financial
Management Service, would develop procedures
that would subject purchase card payments to
federal contractors to the Federal Payment Levy
Program. Would require annual reports to
Congress on first and business class travel by
executive branch employees. [Sec. 510]
Would direct agency heads to develop safeguards
No similar provision
No similar provision
and internal controls governing the use of purchase
cards and convenience checks. [Sec. 511]
Would mandate that the Comptroller General
No similar provision
No similar provision
submit a report to Congress on the number of
contracts and subcontracts entered into by the
department and small businesses. [Sec. 514]
Authorizations and Miscellaneous Provisions.
Would authorize funds for FY2007 through
Would authorize specified funds for FY2007
Would authorize:
FY2010 for specified FEMA accounts and for
through FY2009 specifically for the catastrophic
$40 million for each fiscal year 2007 through 2009
specified communications provisions. In addition
planning [Sec. 201, §616(f); $200 million for the
and such sums as needed after FY2009 for the
to these specific authorizations, would authorize
purchase of interoperable communications
National Urban Search and Rescue Response
such sums as necessary for the act. [Sec. 601]
equipment for FY2007 through FY2009 [Sec. 207,
System [Sec. 101(a), §544(d)];
§630(f)]; specified funds for the NIMS and NRP
such sums as necessary for FY2007 through
Integration Center for FY2007 through FY2009;
FY2010 for the Metropolitan Medical Response
$4 million for each year FY2007 through FY2009
System [Sec. 101, §545(c)];
for EMAC grants; and such sums as necessary for
$4 million for each of three years (years unstated)
the proposed Comprehensive Emergency
for administration of the Emergency Management

---

CRS-59
S. 3721 A, B
H.R. 5316 B
H.R. 5351 A
Preparedness System title of the Stafford Act
Assistance Compact [Sec. 101, §546(c)];
[Sec. 301, §709(b)].
$85 million for each fiscal year FY2007 through
FY2010 for the National Disaster Medical System
[Sec. 103(a)];
such sums as necessary for the Office of
Catastrophic Incident or Long-Term Recovery
[Sec. 515(i)];
$11 million for the Office of the Deputy Inspector
General for each fiscal year [Sec. 205, §813(f)].
No similar provision
No similar provision
Would require the Secretary, when reprogramming
or transferring funds, to comply with applicable
provisions of annual homeland security
appropriations acts. [Sec. 101(a), §502(d)]
No similar provision
No similar provision
Would require the Secretary to provide the U/S
with necessary resources and staff. [Sec. 101(a),
§502 (e)]
Effective date of legislation would be January 1,
No similar provision
No similar provision
2007. [Sec. 602]
Source: This table is based on sources cited. Keith Bea, Barbara L. Schwemle, L. Elaine Halchin, Garrett Hughes, and Henry B. Hogue, Government and Finance
Division, Congressional Research Service, contributed to the development of this table.
Notes: Provisions of S.A. 4560 identical or similar to those included in S. 3721 are preceded by an asterisk (*).
A S. 3721 includes much of the text included in S.A. 4560, the amendment approved by the full Senate during debate on H.R. 5441. S. 3721 and H.R. 5351 (as
reported from committee) would amend the Homeland Security Act of 2002 (P.L. 107-296, as amended), 6 U.S.C. 311 et seq.
B S. 3721 and H.R. 5316 (as reported from committee) would amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act (P.L. 93-288, as amended),
42 U.S.C. 5121 et seq.

---

CRS-60
C For further analysis of authorities governing government contingency programs, see CRS Report RL32752, Continuity of Operations (COOP) in the Executive
Branch: Issues in the 109th Congress, by R. Eric Petersen.
D For information on the new human resources management system at DHS, see CRS Report RL32261, DHS’s Max-HR Personnel System: Regulations on
Classification, Pay, and Performance Management Compared with Current Law and Implementation Plans, by Barbara L. Schwemle; CRS Report RL32255,
Homeland Security: Proposed Regulations for the Department of Homeland Security Human Resources Management System (Subpart E) Compared with Current
Law, by Jon O. Shimabukuro; and CRS Report RL33052, Homeland Security and Labor-Management Relations: NTEU v. Chertoff, by Thomas J. Nicola and Jon
O. Shimabukuro.
E For the reorganization plan under Sec. 1502 (6 U.S.C. 542), see White House Office, “Department of Homeland Security Reorganization Plan,” Nov. 25, 2002,
Washington, DC, available at [http://www.whitehouse.gov/news/releases/2002/11/reorganization_plan.pdf], accessed on July 3, 2006. Reorganizations under Sec.
872 of the act (6 U.S.C. 452) were specified in letters from the Secretary of Homeland Security to leaders of the appropriate congressional committees on the following
dates: Jan. 26, 2004, July 13, 2005, and Apr. 4, 2006.

---

CRS-61
Table 4. Legislative Proposals Amending Emergency Communications Provisions, Comparison of Existing Policy,
S. 3721, H.R. 5316, and H.R. 5852, 109th Congress
S. 3721 A
H.R. 5316 B
H.R. 5852 C
Communications.
Existing policy: DHS Secretary authorized to coordinate communications systems through the Office of State and Local Coordination (now Preparedness
Directorate). [6 U.S.C. 112, DHS letter of 7/13/05 to Congress] Congress authorized the creation of the Office of Interoperability and Compatibility within the
Science and Technology directorate, in the Intelligence Reform and Terrorism Prevention Act of 2004 [P.L. 108-458, Title VII, Subtitle C, Sec. 7303 (a) (2)].
Definitions
Would define the following terms: “eligible
No similar provisions
No similar provisions
region,” “National Emergency Communications
Strategy,” “Office of Emergency
Communications” [Sec. 101, §551]
Administrative entity and officials
Would establish Office of Emergency
Would require that the independent FEMA
Would establish Office of Emergency
Communications within the Federal Emergency
maintain interoperable communications
Communications within DHS headed by an
Management Agency (FEMA) in DHS, headed by
compatibility. [Sec. 206]
Assistant Secretary for Emergency
a Director who would report to the Assistant
Communications. [Sec. 2(a), §1801(a)(b)]
Secretary for Cybersecurity and
Telecommunications. [Sec. 101, § 552(a)(b)]
Responsibilities
Would assign the following responsibilities to the
No similar provision
Would assign the following responsibilities to the
Director which include: assuring sufficient
Director which include: fostering cooperation at all
capacity and robustness of emergency
levels of government and standards development
communications as well as interoperability, with
for interoperability, such as: developing and
an emphasis on national programs, such as
implementing the coordination of public safety
developing and implementing the coordination of
interoperable communications programs as required

---

CRS-62
S. 3721 A
H.R. 5316 B
H.R. 5852 C
public safety interoperable communications
in 6 U.S.C. 194 (some of these requirements appear
programs as required in 6 U.S.C. 194 and a
in S. 3721); administering departmental
strategy to achieve emergency communications
responsibilities and authorities regarding,
capabilities and interoperability; promulgating
SAFECOM — excluding elements related to
grant guidance; carrying out responsibilities for
research, the Integrated Wireless Network (IWN)
utilizing suitable commercial technologies;
program, and the National Communications
fostering the development of emergency
System; conducting outreach and fostering
communications capabilities and interoperable
development of interoperability and provide
communications systems by federal, state, and
technical assistance for interoperability, at all levels
local governments and public safety agencies
of government; facilitating the creation of a
through means such as developing a national
Regional Emergency Communications
strategy for communications capabilities and
Coordination Working Group; promoting best
interoperability and developing a national
practices; coordinating the establishment of a
architecture and describing its components;
national response capability; assisting the president
administering departmental responsibilities and
and other executive officials in ensuring federal
authorities regarding the Integrated Wireless
telecommunications operability, except for
Network (IWN) program, the National
spectrum management; establishing requirements
Communications System, and the Emergency Alert
for full, nonproprietary interoperable emergency
System (EAS) and Integrated Pubic Alert and
communications for public safety equipment
Warning System; establishing a national system of
purchased with homeland security assistance
alerts and warnings in the event of a natural or
programs in the Department; and reviewing plans
man-made disaster; administering departmental
developed for these programs [Sec. 2 (a) § 1801
responsibilities and authorities of the Office of
(c)]; overseeing transferred functions for
Interoperability and Compatibility; coordinating a
SAFECOM,D departmental responsibilities related
national response capacity for back-up
to the Integrated Wireless Network, and the
communications, including planning,
Interoperable Communications Technical
implementation, and training; assisting the
Assistance Program [Sec. 2 (a) § 1801 (d)]; and
President and other designated authorities in
submitting a report to Congress on resources and
ensuring emergency communications capability;
staff necessary to meet the above responsibilities
reviewing all interoperable communications plans
[Sec. 2 (a) § 1801 (e)].
prepared by federal, state, and local governments;
and creating an interactive database with an

---

CRS-63
S. 3721 A
H.R. 5316 B
H.R. 5852 C
inventory of emergency communications assets
(including generators) that can be rapidly
deployed. [Sec. 101 § 552 (c)
Would establish a research and development
No similar provision
No similar provision
program to promote competitive research for
emergency communications and interoperability
that would include a Center for Excellence. [Sec.
101, § 556]
Would require at least two pilot projects of which
No similar provision
No similar provision
at least one would test data communications,
including medical data. Specifies disaster risk
criteria for selecting areas for pilot projects. [Sec.
101, § 557]
Would require FEMA Administrator, through the
No similar provision
No similar provision
Office of Grants and Training, to direct grants
program for communications and interoperability;
criteria would include assessment of risk for an
area. Would establish application requirements for
states and for regions and criteria for awarding
grants. [Sec. 101, § 558]
No similar provision
No similar provision
Would require DHS Secretary, in consultation with
other federal and non-federal officials, to guide
development of minimum interoperable emergency
communications capabilities in urban and other
high risk areas. [Sec. 2, §1807]

---

CRS-64
S. 3721 A
H.R. 5316 B
H.R. 5852 C
Communications strategy
Would require that the Administrator of the
No similar provision
No similar provision
Federal Emergency Management Agency (FEMA),
through the Director for Emergency
Communications, develop a National Emergency
Communications Strategy to enhance interoperable
and other emergency capabilities. [Sec. 101, §553]
Assessments and reports
Would require: assessments of federal, state and
No similar provision
Similar to S. 3721, would require National
local governments to identify emergency needs
Emergency Communications Report covering many
and capabilities, attainment of interoperability
aspects of communications and interoperability,
objectives, evaluation of mobile communications
including evaluation of mobile communications
capability modeled on Army Signal Corps, and an
capability modeled on Army Signal Corps, and an
inventory of spectrum and other resources. Would
inventory of spectrum and other resources. Unlike
require annual report to Congress on progress
S. 3721, would require recommendations for
made toward implementing subtitle goals.[Sec.
expediting national voluntary consensus-based
101, §554(b) and (c)]
equipment standards and solutions for deploying
emergency communications systems nationwide.
Would, within one year, require a report to
Congress on progress made toward implementing
subtitle goals. [Sec. 2, §1802 and §1803]
Would require review of federal emergency
No similar provision
The Secretary, acting through the Assistant
communications grant programs and establishment
Director of Emergency Communications, would
of conditions for denying funding, such as failure
coordinate grants and deny funding when
to submit statewide Interoperable Communications
requirement for Statewide Interoperable
Plan. [Sec. 101, § 555]
Communications Plan is not met, and for other
reasons. [Sec. 2, §1804]

---

CRS-65
S. 3721 A
H.R. 5316 B
H.R. 5852 C
National strategy and standards development
Would require development of a National
No similar provision
Would establish in each regional office a Regional
Communications Strategy that would include
Emergency Communications Coordination Group
expediting national voluntary equipment standards,
comprised of federal and non-federal officials to
addressing solutions to achieving interoperability
assess and report on development of
of communications systems, assuring operations of
communication networks. [Sec.2, §1805]
911 call centers and networks during disasters, and
improving dissemination of emergency alerts.
[Sec. 101, § 553]
No similar provision
No similar provision
Would state that it is the sense of Congress that a
Project 25 Compliance Assessment Program,
discussed by SAFECOM and the National Institute
of Standards and Technology, be implemented as
soon as possible. [Sec. 4]
Coordination and other programs
No similar provision
No similar provision
Would establish an Emergency Communications
Preparedness Center to provide coordinating
activities and to prepare the National Emergency
Communications Report. [Sec. 2, §1806]
No similar provision
No similar provision
Would clarify and expand responsibilities of Office
of Interoperability and Compatibility (OIC) by
requiring that the Director support creation of
voluntary consensus standards for interoperable
standards, establish requirements for emergency
communications capabilities, coordinate with
respect to SAFECOM program, among others.
[Sec. 3, §314]

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CRS-66
S. 3721 A
H.R. 5316 B
H.R. 5852 C
Would create an International Border
No similar provision
No similar provision
Communications Demonstration Project to address
interoperable communications needs along the
northern and southern borders of the United States.
[Sec. 103(b) through (e)]
Source: This table is based on sources cited. Linda K. Moore and Keith Bea, Congressional Research Service, contributed to the development of this table.
A Portions of S. 3721 as reported from committee that would amend the Homeland Security Act of 2002 (P.L. 107-296, as amended), 6 U.S.C. 311 et seq.
B H.R. 5316 as reported from committee that would amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act (P.L. 93-288, as amended), 42 U.S.C.
5121 et seq.
C H.R. 5852 as approved by the House and referred to the Senate Committee on Homeland Security and Governmental Affairs that would amend the Homeland Security
Act of 2002 (P.L. 107-296, as amended), 6 U.S.C. 311 et seq.
D For information on SAFECOM see CRS Report RL32594, Public Safety Communications Policy, by Linda K. Moore.

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