For other versions of this document, see http://wikileaks.org/wiki/CRS-RL33522 ------------------------------------------------------------------------------ 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 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. 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 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. CRS-2 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. CRS-3 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. CRS-4 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 CRS-5 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. CRS-6 ! 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. CRS-7 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. CRS-8 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. CRS-9 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 CRS-10 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. CRS-11 ! 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. CRS-12 ! 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. CRS-13 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] 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. ------------------------------------------------------------------------------ For other versions of this document, see http://wikileaks.org/wiki/CRS-RL33522