Proposed Transfer of FEMA to the Department of Homeland Security

Publication Date: July 2002

Publisher: Library of Congress. Congressional Research Service

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Research Area: Government

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Abstract:

The Federal Emergency Management Agency (FEMA) assists individuals, states and localities, and certain non-profit organizations that have been overwhelmed by, or are at risk from, significant catastrophes, including terrorist attacks. FEMA also coordinates federal emergency management activities and planning for the continuity of much of the federal government should national security be threatened.

Bills pending before the 107th Congress (H.R. 5005/S. 2452) would bring FEMA into the proposed Department of Homeland Security (DHS) to form the central component of the Emergency Preparedness and Response (EPR) division. The current discussion is a new manifestation of issues that have been debated for decades--how to organize and allocate resources between the tasks of managing natural disasters and homeland (national) security threats.

Established in 1979, FEMA administers a range of authorities that enable the agency to serve as the primary source of federal technical and financial assistance for emergency management. The agency provides aid to non-federal entities and coordinates federal preparedness and response activities.

FEMA provided direct assistance to victims of the September 11 terrorist attacks and continues to help communities prepare for, and respond to, possible other attacks in the United States. Congressional debate on the contours and framework for the proposed DHS has included consideration of FEMA's mission as set forth in the authorities summarized in this report. Advocates of the integration of FEMA into the proposed new department may contend that the consolidation of the functions is consistent with the original intent behind the creation of FEMA--the consolidation and coordination of all federal emergency management authorities at the highest levels of government. Those opposing this integration argue that certain elements of FEMA's authority do not fit into, or will be overwhelmed by, homeland security activities.

The first part of this report discusses the issues in the current debate; the second part summarizes the 29 authorities for which FEMA currently bears administrative responsibility. The authorities identified in this report have been drawn from public sources. The report does not refer to classified authorities unavailable to the public, does not include references to temporary authorities that require FEMA to provide assistance for specific disasters or needs, and does not include information on plans, regulations, or operating manuals developed to implement these policies. This report will be updated as legislative action is taken on the homeland security legislation.