Transfer of FEMA to the Department of Homeland Security: Issues for Congressional Oversight

Publication Date: December 2002

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Government

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Abstract:

The Federal Emergency Management Agency (FEMA) has the lead federal responsibility to help the nation prepare for and recover from significant catastrophes, including those that result from terrorist attacks. FEMA also provides planning and preparedness aid to state and local governments and coordinates federal emergency management activities and planning for the continuity of much of the federal government should national security be threatened.

The Homeland Security Act of 2002 (P.L. 107-296) transfers FEMA, along with its assets and responsibilities, to the Department of Homeland Security (DHS). For the most part, the mission of FEMA will be carried out within the Emergency Preparedness and Response directorate (EPR) of DHS. The Act also transfers to the EPR directorate specific functions of the Departments of Justice, Health and Human Services, and Commerce. EPR will administer most policies intended to lessen the impact of disasters and will aid recovery when disasters occur. One significant exception is that the Act transfers terrorism-related training and preparedness responsibilities of FEMA's Office of National Preparedness to the Office of Domestic Preparedness within the Border and Transportation Security directorate.

The transfer of FEMA (along with other entities) into DHS is intended to address homeland security deficiencies and problems. The implementation of the legislation will present Members of the 108th Congress with the opportunity to oversee how the Administration will resolve those problems and address related issues. Some of those issues include the following: the coordination of terrorism preparedness activities within DHS, the validity of the "all hazards" concept as a basis for federal policy, congressional action to address the requirements of citizens victimized by the most recent disaster in light of long-term policy concerns and resource constraints, and the continued applicability of the comprehensive emergency management framework.

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 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 significant actions pertinent to FEMA are taken to implement or amend the homeland security legislation.