Organization and Mission of the Emergency Preparedness and Response Directorate: Issues and Options for the 109th Congress

Publication Date: September 2005

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Social conditions

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Abstract:

On July 13, 2005, Department of Homeland Security (DHS) Secretary Michael Chertoff released an assessment of departmental functions known as the second stage review, or 2SR. The recommended changes, planned for implementation on October 1, 2005, include one to dismantle the Emergency Preparedness and Response (EPR) Directorate of DHS, also referred to as the Federal Emergency Management Agency (FEMA). FEMA would remain within DHS but become a smaller entity reporting directly to the Secretary and would be responsible for consequence management.

The Secretary's recommendation is consistent with mission shifts and gaps evident since the establishment of DHS (and EPR) in 2003. Certain functions and tasks of EPR are no longer administered in the directorate. Some authorities originally transferred into EPR have few resources. In short, EPR has administered a portfolio of authorities more limited than authorized by Congress.

By congressional direction and tradition, FEMA's mission comprises four broad areas -- preparedness, response, recovery, and hazard mitigation. Secretary Chertoff identifies response and recovery as the "core" operations of FEMA that will be retained in the agency. Preparedness functions would be transferred to a new directorate. No information is available concerning plans for the disposition of hazard mitigation activities.

Congress might elect to evaluate the Administration's 2SR proposal by reviewing whether authorities set out in the Homeland Security Act for EPR (Title V of P.L. 107-296) should remain the focus of one DHS entity or be integrated into other DHS units as proposed by the Secretary. Congress might also broaden the debate by considering the scope and reach of federal authorities that are missions for entities other than DHS.

Options that might be considered include strengthening EPR/FEMA, endorsing the Secretary's proposal, or reassessing the range of homeland security missions and emergency authorities in departments or agencies other than DHS. Congress would have to amend the Homeland Security Act of 2002 (P.L. 107-296) if all aspects of the Secretary's recommendation were to be implemented. Several bills pending before Congress might serve as legislative vehicles. H.R. 1817, which would authorize appropriations and establish new preparedness authorities, might be considered appropriate legislation for such changes. H.R. 3477 would direct the DHS Secretary to establish regional offices, an important element in coordinating federal and state activities. Perhaps of greatest significance, some Members of Congress are reportedly considering new legislation in the wake of the tragic events at the end of August, 2005, that occurred after Hurricane Katrina. For example, S. 1615, the text of which is not currently available, would establish FEMA as an independent agency.

This report will be updated as significant related events occur during the 109th Congress.