IAFF LEGISLATIVE FACT SHEET

FEMA Reform

With the help of the IAFF, legislation making significant reforms to FEMA, including reforming it as an autonomous agency within the Department of Homeland Security, was recently passed by the Congress and signed into law.  

BACKGROUND

The botched government response to Hurricane Katrina has prompted the U.S. Congress to examine how best to reform the way our nation responds to large-scale disasters. In the months following the disaster, a Select Committee of the U.S. House of Representatives, as well as the Senate Homeland Security and Governmental Affairs Committee, concluded that institutional and individual failures at all levels of government led to conspicuous failures in emergency preparedness and response, undermining the efforts of first responders and others responding to the storm.

As the lead agency in charge of the federal response to disasters, discussion on how best to reform our nation’s emergency preparedness and response system has rightly focused on the Federal Emergency Management Agency (FEMA).  As IAFF members experienced first-hand, FEMA severely hindered the response to Katrina by hoarding resources and misusing skilled fire fighters by tasking them with the distribution of informational flyers. Legislation has been introduced in both the House and Senate that will reform FEMA by reuniting disaster preparedness and response functions under a single agency, using an all-hazards approach to emergency preparedness, ensuring that FEMA be headed by an experienced leader knowledgeable in crisis management, and appropriately using emergency responders called to the scene.

The primary disagreement in this discussion has been whether FEMA should remain in the Department of Homeland Security (DHS) or be re-established as an independent agency. Frontline emergency responders believe removing FEMA from DHS would undermine efforts to reform the agency because it would create competing agencies, both continuing to exert authority over preparedness functions, and undermining an all-hazards approach to emergency response.

By establishing FEMA as an autonomous agency within DHS, much like the Coast Guard, the federal government will ensure that reforms to the agency are effective, and, rather than creating a bureaucratic boondoggle that does more harm than good, will work to support the efforts of first responders.

CURRENT LEGISLATION

U.S. House:       H.R. 5351, the National Emergency Management Reform and Enhancement Act of 2006
                         Sponsors:          Representative David Reichert (R-WA)
                                                   Representative Bill Pascrell (D-NJ)

U.S. Senate:   S. 3721, the Post Katrina Emergency Management Reform Act of 2006
                    Sponsors:        Senator Susan Collins (R-ME)
                                         Senator Joseph Lieberman (D-CT)


Summary:      Both H.R. 5351 and S. 3721 would make significant reforms to the Federal Emergency
                    Management Agency (FEMA) within the Department of Homeland Security (DHS) by
                    reuniting disaster preparedness and response functions within FEMA, using an
                    all-hazards approach to emergency preparedness, and ensuring that FEMA be led by
                    an experienced leader knowledgeable in crisis management. Both bills also address
                    two major IAFF initiatives to improve the manner by which fire fighters are used during
                    a disaster, and to require the establishment of medical monitoring programs for first
                    responders following disasters. S. 3721 also establishes FEMA as an autonomous
                    agency within DHS, similar to the current structure of the Coast Guard.


CONGRESSIONAL ACTION

On May 11, 2006, H.R. 5351 was introduced and referred to the House Committee on Transportation and Infrastructure, as well as the House Committee on Homeland Security and the House Committee on Energy and Commerce.

On May 17, 2006, H.R. 5351 was approved by the House Committee on Homeland Security.

On July 11, 2006, Senators Susan Collins (R-ME) and Joseph Lieberman (D-CT) offered an amendment to H.R. 5441, the Department of Homeland Security Appropriations Act for Fiscal Year 2007, to reform FEMA as an autonomous agency within the Department of Homeland Security. The U.S. Senate approved the amendment by a vote of 87-11.

On July 11, 2006, Senators Hillary Rodham Clinton (D-NY) and Daniel Akaka (D-HI) offered an amendment to H.R. 5441, the Department of Homeland Security Appropriations Act for Fiscal Year 2007, to remove FEMA from the Department of Homeland Security and establish it as an independent agency. The U.S. Senate rejected the amendment by a vote of 32-66.

On July 13, 2006, the U.S. Senate requested a conference on H.R. 5441 and appointed conferees:  Gregg; Cochran; Stevens; Specter; Domenici; Shelby; Craig; Bennett; Allard; Byrd; Inouye; Leahy; Mikulski; Kohl; Murray; Reid; and Feinstein.

On July 25, 2006, S. 3721 was introduced and referred to the Senate Committee on Homeland Security and Governmental Affairs.

On July 27, 2006, S. 3721 was approved by the Senate Committee on Homeland Security and Governmental Affairs.

On September 21, 2006, the U.S. House appointed conferees to H.R. 5441:  Rogers (KY), Wamp, Latham, Emerson, Sweeney, Kolbe, Istook, Crenshaw, Carter, Lewis (CA), Sabo, Price (NC), Serrano, Roybal-Allard, Bishop (GA), Berry, Edwards, and Obey.

On September 28, 2006, conferees filed the conference report for H.R. 5441.

On September 29, 2006, the U.S. House approved the conference report for H.R. 5441 by a vote of 412-6.  As approved, the final bill makes significant reforms to FEMA, including reforming it as an autonomous agency within the Department of Homeland Security.

On September 30, 2006, the U.S. Senate approved the conference report for H.R. 5441 by voice vote.

On October 4, 2006, the final bill was signed into law by the President:  Public Law 109-295.