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Institute for Crisis, Disaster, and Risk Management Crisis and Emergency Management Newsletter Website |
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December
2006
Volume
11 - Number 3 |
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By: Zavaletta Hurricane Katrina brought many emergency management shortfalls to the forefront. Since its advent the question of how to reform the Federal Emergency Management Agency to better cope with disasters has been paramount. Central to this query have been questions about how to restructure FEMA’s authority, its functions and responsibilities and whether FEMA should continue to reside within the Department of Homeland Security. Additional quandaries have included how to balance state sovereignty while providing for rapid federal response. How much authority should the President possess to act in emergency situations? Can detailed personnel qualifications, performance metrics, training requirements and interagency coordination mechanisms provide sufficient flexibility to adapt in such a dynamic field? While there are a number of legislative pieces still in various congressional committees, one significant bill was signed into law on October 4, 2006: H.R. 5441 FY 2007 Appropriations Bill for the Department of Homeland Security. In addition to appropriating funds for the protection of the U.S. against terrorism, $198,980,000 for Flood Map Modernization, and funds for research, development and training, this bill has strengthened FEMA’s capability to prepare and respond to emergencies. Most significantly, this bill has amended the Homeland Security Act of 2002 transforming FEMA’s role and has established a United States Emergency Management Authority within DHS that will serve as a distinct entity. Of particular importance, this legislation has restored the sensible partnering of preparedness to mitigation, response and recovery. Once again, there will reside within one agency the responsibility for coping with all hazards. This reformation has also raised the status of the Administrator of FEMA within DHS. The Administrator will now report directly to the Secretary of DHS. In addition, the Administrator will serve as the principal emergency preparedness and response advisor to the President, the Homeland Security Council, and the Secretary of DHS. This legislation requires that the Administrator possess significant emergency response and crisis management experience, the minimum being five years. Equally noteworthy, FEMA’s funding will now be afforded a level of protection similar to that of the U.S. Coast Guard and the Secret Service, entities also residing within DHS. From an emergency management perspective, though this legislation constitutes a significant stride forward, there are a few troublesome aspects to H.R. 5441. The most significant seemingly illogical action is that this legislation establishes within DHS, not within the Authority, a National Operations Center that, in addition to other duties, is responsible to coordinate the national response to any disaster and to provide situational awareness to the federal, state and local government. This center has been established to ensure that critical information reaches government decision-makers. This would seem to tread on the responsibilities that FEMA has been given as the agency leading the nation to prepare, mitigate, respond and recover from disasters. If the Administrator of the Emergency Management Authority is the prime contact for the Secretary of DHS as well as the President on matters of preparedness and response, then why is this center not located within the Authority? Sources: Congressional Research Service (CRS), FEMA Reorganization Legislation in the 109th Congress. September 1, 2006. Available WWW: http://www.ncseonline.org/NLE/CRSreports/06Aug/RL33522.pdf Library of Congress- Thomas Online, H.R.5441: Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2007, and for other purposes. Available WWW: http://thomas.loc.gov/cgi-bin/bdquery/z?d109:HR05441:@@@D&summ2=3& |