Emergency Management Preparedness Standards: Overview and Options for Congress

Publication Date: August 2004

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Government

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Abstract:

The National Commission on Terrorist Attacks Upon the United States (also referred to as the "9/11 Commission") identifies gaps in emergency response capabilities after the attacks of September 11, 2001. While heroic actions that day saved thousands of people, many lives were lost in part because standard procedures were not in place, or were not followed, and standardized technologies were not used by participating agencies. To correct these deficiencies, the 9/11 commission report includes recommendations that emergency response standards be adopted nationwide.

The commission report includes three recommendations that focus on emergency response standards: (1) the adoption and use of emergency response standards for incident command; (2) mutual aid provisions concerning liability and indemnification of responders; and (3) private sector preparedness. Members of the 108th Congress may consider legislation germane to these specific recommendations. In addition, Congress might debate or take action on other matters to improve emergency management procedures. A considerable amount of information is available on emergency management; the commission report arguably addresses only some of the issues that have been raised by others.

Several bills pending before Congress are relevant to an inquiry in this area. Legislation has been introduced to: (1) authorize or require entities to establish standards (H.R. 3158, H.R. 3227, H.R. 4830, S. 216, S. 930); (2) condition federal assistance to state and local governments based upon compliance with standards (S. 1245, S. 2021); or, (3) urge the creation of standards for specific purposes (H.R. 2537 and S. 118 -- warning systems, and H.R. 2878 -- reporting requirements).

General agreement exists on the intent of the commission's recommendations in this policy area -- the need to improve the nation's emergency response capabilities. The policy debate will likely include the implications and consequences of adopting the recommendations concerning the establishment and application of standards, particularly at the federal level. Would federally imposed or endorsed standards diminish the authority and ability of the states, and their local governments, to establish operational procedures that best fit the needs of their communities? Would the imposition of standards through legislation raise unfunded mandate concerns? What effect might the adoption of such standards have upon the substance and nature of the intergovernmental partnership in homeland security and emergency management response efforts? How would existing state authorities in areas other than standards be affected by congressional action? This report presents background information on the commission's findings, on emergency response standards, and on options Congress might consider to address the problems identified in the commission's report. This report will be updated as legislative developments warrant.