FEMA Reorganization Legislation in the 109th Congress Page: 4 of 39
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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. Three of the 13
bills pending in the 109th Congress - S. 3595, H.R. 5316, and H.R. 5351 - have
been sponsored or cosponsored by committee leadership and would realign
responsibility for federal emergency management functions.1 Two of the three bills,
H.R. 5351 and S. 3595, 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
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.
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.
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Bea, Keith & Hogue, Henry B. FEMA Reorganization Legislation in the 109th Congress, report, July 7, 2006; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc808865/m1/4/: accessed April 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.