FEMA Reorganization Legislation in the 109th Congress

CRS Report for Congress
FEMA Reorganization Legislation
in the 109 Congress
Updated September 1, 2006
Keith Bea
Specialist, American National Government
Government and Finance Division
Henry B. Hogue
Analyst, American National Government
Government and Finance Division

Congressional Research Service ˜ The Library of Congress

FEMA Reorganization Legislation in the 109 Congress
Members of Congress have introduced legislation in both the House and Senate
to alter federal emergency management organizational structures and responsibilities,
amend authorities that guide federal action, impose emergency management
leadership qualification requirements, and make other changes. The proposals are
based upon investigations conducted on the role of the Federal Emergency
Management Agency (FEMA) and other entities in the response to Hurricane Katrina
in the fall of 2005.
Some observers reduce the matter to one basic question: “Should FEMA remain
within the Department of Homeland Security (DHS), or should the agency regain the
independent status it had before the creation of DHS?” The issue, however, is more
complex than just one of organizational placement. Other questions include the
!What should be the reach or limit of the entity’s authority?
!What degree of discretion should Congress extend to the President
and executive branch officials to act in emergency situations?
!What functions or responsibilities should be transferred to the new
entity? Which should be retained by other DHS entities?
!To what extent should the White House be involved in emergency
management on a continuing basis as well as during an emergency?
!How might Congress balance recognition of state sovereignty and
primacy in the emergency management field while authorizing
prompt federal response?
!If details such as personnel qualifications, training requirements,
performance metrics, and interagency coordination mechanisms are
set in statute, will federal agencies have the flexibility to adapt
procedures and personnel to dynamic crises?
As of the date of this report, Members have introduced at least 15 bills to
reorganize FEMA or reorient the agency’s mission. Summary information on the 15
bills, and historical context for debate on the issue, is presented in CRS Report
RL33369, Federal Emergency Management and Homeland Security Organization:
Historical Developments and Legislative Options. Of the bills pending before
Congress, two, H.R. 5316 and H.R. 5351, have been the subject of House committee
action. The emergency communications segment of H.R. 5351 has been approved
by the full House in a stand alone bill, H.R. 5852. Other bills that have been
introduced in the House include H.R. 3656, H.R. 3659, H.R. 3685, H.R. 3816, H.R.
4009, H.R. 4493, H.R. 4840, and H.R. 5759. On July 11, 2006, the full Senate
approved an amendment (S.Amdt. 4560) to the FY2007 appropriations bill (H.R.
5441) for the Department of Homeland Security. On July 27, the Senate Homeland
Security and Governmental Affairs Committee ordered to be reported S. 3721, which
includes provisions in S.Amdt. 4560 plus other far-reaching provisions that would
provide new emergency management authority. In addition, other Senate bills
include S. 1615, S. 2302, and S. 3595. This report will be updated when significant
congressional action occurs on the pending legislation.

The Hurricane Katrina Investigations..............................1
House of Representatives Report..............................3
Senate Report.............................................5
White House Report........................................9
Overview of Findings and Recommendations...................10
Comparison of Pending Legislation...............................11
List of Tables
Table 1. House Hearings on Hurricane Katrina, 2nd Session, 109th Congress,
by Committee.................................................5
Table 2. Senate Hearings on Hurricane Katrina, 2nd Session, 109th Congress,
by Committee.................................................7
Table 3. Legislative Proposals Amending Emergency Management Structure
and Authorities, Comparison of Existing Policy, S. 3721, H.R. 5316,
and H.R. 5351, 109th Congress..................................14
Table 4. Legislative Proposals Amending Emergency Communications
Provisions, Comparison of Existing Policy, S. 3721, H.R. 5316, and th
H.R. 5852, 109 Congress......................................62

FEMA Reorganization Legislation in the
109 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. Four of the 15
bills pending in the 109th Congress that would realign responsibility for federal1
emergency management functions have been acted upon. H.R. 5351 and H.R. 5316
have been reported out of House committees. The emergency communications
portion of H.R. 5351 was approved by the full House on July 25, 2006 in stand alone
legislation (H.R. 5852). A Senate proposal was approved by the full Senate on July
11, 2006, as an amendment (S.Amdt. 4560) to the Department of Homeland Security
appropriations legislation for FY2007 (H.R. 5441). The fourth bill, S. 3721, was
ordered to be reported by the Senate Homeland Security and Governmental Affairs
Committee on July 27, 2006.
Three of the bills acted upon by Congress, H.R. 5351, S. 3721, and the Senate-
approved amendment to H.R. 5441, 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
Amendments considered by the Senate to reestablish FEMA as an independent

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.

agency (S.Amdt. 4563/S.Amdt. 4564) during the debate on H.R. 5441 were not
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.
This report provides information on provisions of the bill ordered to be reported
from the Senate Homeland Security and Governmental Affairs Committee (S. 3721),
the Senate-approved amendment (S.Amdt. 4560) to the FY2007 appropriations bill
(H.R. 5441), H.R. 5316, and H.R. 5351, all of which address concerns identified after
Hurricane Katrina. To provide a context for information on the legislation, this
report first summarizes findings and recommendations of the congressional and
White House studies pertinent to the pending legislation reported from the House
House of Representatives Report. On September 15, 2005, the House of
Representatives approved H.Res. 437, which established the Select Bipartisan
Committee to Investigate the Preparation for and Response to Hurricane Katrina
(referred to as the Select Committee). The activities of the committee were
summarized in its final report as follows:
The Select Committee held nine hearings over the course of approximately three
months. Select Committee Members and staff simultaneously conducted scores
of interviews and received dozens of briefings from local, state, and federal
officials; non-governmental organizations; private companies and individuals
who provided or offered external support after Katrina; and hurricane victims.
Select Committee Members and staff traveled numerous times to the Gulf Coast.
The Select Committee also requested and received more than 500,000 pages of5
documents from a wide array of sources.
The committee report presented findings but did not include recommendations. It
noted successes, such as National Weather Service forecasts, efforts of search and
rescue operations, and implementation of interstate mutual aid agreements. The
majority of the report’s findings, however, identified shortcomings and failures.
Although none of the findings specifically addressed organizational issues, some of
the findings arguably indicate that failures may have been associated with problems
involving implementation of agency missions, questionable aspects of leadership,

4 On July 27, 2006, the Senate Homeland Security and Governmental Affairs Committee
ordered to be reported S. 3721, which included much of the text of S.Amdt. 4560 plus four
other titles with far-reaching implications for federal emergency management authorities and
5 U.S. Congress, House Select Bipartisan Committee to Investigate the Preparation for and
Response to Hurricane Katrina, A Failure of Initiative, 109th Cong., 2nd sess. (Washington:
GPO, 2006), p. 11.

inappropriate interagency coordination mechanisms, or lack of clarity about shared
responsibilities. The committee’s findings that appear particularly relevant to the
pending legislation include the following, with the text presented verbatim from the
It does not appear the President received adequate advice and counsel from a
senior disaster professional.
The Secretary [of DHS] should have convened the Interagency Incident
Management Group on Saturday, two days prior to landfall, or earlier to analyze
Katrina’s potential consequences and anticipate what the federal response would
need to accomplish.
The Secretary [of DHS] should have designated the Principal Federal Official
[PFO] on Saturday, two days prior to landfall, from the roster of PFOs who had
successfully completed the required training, unlike then-FEMA Director
Michael Brown. Considerable confusion was caused by the Secretary’s PFO
The Homeland Security Operations Center failed to provide valuable situational
information to the White House and key operational officials during the disaster.
Federal agencies, including DHS, had varying degrees of unfamiliarity with their
roles and responsibilities under the National Response Plan and National
Incident Management System.
Earlier presidential involvement might have resulted in a more effective
Lack of communications and situational awareness paralyzed command and
DOD [Department of Defense]/DHS coordination was not effective during
Hurricane Katrina.
DOD, FEMA, and the state of Louisiana had difficulty coordinating with each
other, which slowed the response.
National Guard and DOD response operations were comprehensive, but
perceived as slow.
The Coast Guard’s response saved many lives, but coordination with other
responders could improve.
DOD has not yet incorporated or implemented lessons learned from joint
exercises in military assistance to civil authorities that would have allowed for
a more effective response to Katrina.
Northern Command [within DOD] does not have adequate insight into state
response capabilities or adequate interface with governors, which contributed to
a lack of mutual understanding and trust during the Katrina response.

DOD lacked an information sharing protocol that would have enhanced joint
situational awareness and communications between all military components.
Search and rescue operations were a tremendous success, but coordination and
integration between the military services, the National Guard, the Coast Guard,
and other rescue organizations was lacking.
Top officials at the Department of Health and Human Services and the National
Disaster Medical System do not share a common understanding of who controls
the National Disaster Medical System under Emergency Support Function-8.
Deployment confusion, uncertainty about mission assignments, and government
red tape delayed medical care.
Contributions by charitable organizations assisted many in need, but the
American Red Cross and others faced challenges due to the size of the mission,6
inadequate logistics capacity, and a disorganized shelter process.
In addition to the hearings and interviews conducted by the select committee,
oversight hearings before nine other House committees addressed a variety of
matters related to the federal response. Table 1 summarizes the topics of hearingsth
held during the second session of the 109 Congress.
Table 1. House Hearings on Hurricane Katrina, 2nd Session,
109th Congress, by Committee
Committee/Number of hearingsTopics
Select Bipartisan Committee toForecasts, FEMA role, decisions of
Investigate the Preparation for andSecretary Chertoff, preparedness and
Response to Hurricane Katrina/9response, contractors, Alabama
preparedness, victims reports, Mississippi
preparedness, Louisiana preparedness
Appropriations/3DHS, DOD, Housing and Urban
Development (HUD) Department
Armed Services/1DOD preparations
Energy and Commerce/3Communications, fraud and waste, public
Financial Services/8Rebuilding, fair housing, housing needs (5
sessions), flood insurance
Government Reform/5Preparedness, fraud and waste,
contracting, international assistance,
Homeland Security/4Fraud and waste, FEMA restructuring,
federalism, command and control

6 Ibid., pp. 2-5

Committee/Number of hearingsTopics
Science/1Disaster research
Transportation and Infrastructure/4DHS, need for legislation, risk reduction,
Ways and Means/1Charities
Source: Information compiled from searches of CQ Committee Coverage (markups and hearings) data
at CQ.com, available by subscription at [http://www.cq.com/], accessed June 15, 2006. The searches
were conducted by Jennifer Manning, Knowledge Services Group, Congressional Research Service.
Senate Report. From September 14, 2005, to April 21, 2006, the Senate
Homeland Security and Governmental Affairs Committee (HSGAC) held 22 hearings7
on Hurricane Katrina-related issues. In the course of the committee investigation,
staff interviewed 236 persons to obtain detailed information on events, operations,8
and procedures.
The Senate committee report, published months after the House select
committee report, included findings and recommendations. The Senate report
included four “Foundational Recommendations” that, if implemented, would replace
FEMA with a new entity, the National Preparedness and Response Authority
(NPRA). These recommendations include the following, presented verbatim from
the report:
Create a New, Comprehensive Emergency Management Organization with DHS
to Prepare for and Respond to All Disasters and Catastrophes.
From the Federal Level Down, Take a Comprehensive All-Hazards Plus
Approach to Emergency Management.
Establish Regional Strike Teams and Enhance Regional Operations to Provide
Better Coordination between Federal Agencies and the States.
Build a True, Government-Wide Operations Center to Provide Enhanced9
Situational Awareness and Manage Interagency Coordination in a Disaster.
The specific characteristics of NPRA, and other recommendations in the Senate
report related to the pending legislation, may be summarized in the following

7 A list of the hearings held, topics, and witnesses is presented in the final report issued by
the committee. U.S. Senate, Committee on Homeland Security and Governmental Affairs,thnd
Hurricane Katrina: A Nation Still Unprepared, 109 Cong., 2 sess. (Washington: GPO,

2006), pp. Appendix 3-2 through 3-8.

8 A list of those interviewed is presented in the Senate report, ibid., pp. Appendix 4-1
through 4-23.
9 Ibid., pp. Recommendations-1 through Recommendations-7.

!NPRA is to be a distinct entity within DHS, with its missions and
components protected from internal reorganizations or departmental
!The Director of NPRA would hold the same rank as a Deputy
Secretary (Level II of the Executive Schedule, presidential
appointees to be confirmed by the Senate), report directly to the
Secretary, and serve as the adviser to the President for emergency
management and as a direct conduit of information to the President
during catastrophes.
!Three NPRA deputy directors would hold the same rank as most
under secretaries (Level III of the Executive Schedule, presidential
appointees to be confirmed by the Senate).
!Ten regional office directors would be part of the Senior Executive
Service and would serve as Federal Coordinating Officers (FCOs).
Enhanced intergovernmental and interagency interactions would be
built with federal strike teams, staffing changes, and coordination
!NPRA would be responsible for the four phases of emergency
management — preparedness, response, recovery, and mitigation —
as well as infrastructure protection, and would adopt an “all-hazards
plus” approach to include a wide range of capabilities for the
broadest range of hazards.
!A National Operations Center (NOC) would integrate the
operational duties currently vested in at least three different entities.
!Increased levels of commitment to and by state and local
governments are necessary, along with efforts to better integrate
non-governmental organizations into emergency management
procedures and operations.
!The plans and systems for disaster response should be enhanced,
including the capability to respond to catastrophic incidents.
!Coordination between DHS and DOD and Health and Human
Services (HHS) should be improved.
!During the transition to NPRA, DHS should develop strategies to
build career emergency management personnel capabilities.
Just as various House committees conducted hearings on Katrina-related issues,
seven Senate committees in addition to the primary investigative body examined
specific issues related to the disaster. Table 2 provides summary information on
those Senate hearings.

Table 2. Senate Hearings on Hurricane Katrina, 2nd Session,
109th Congress, by Committee
Committee/number of hearingsTopics
Homeland Security andRecovery (2 sessions), FEMA performance,
Governmental Affairs/22New Orleans, levee failures, Coast guard,
private sector, FEMA operations
professionals, levee responsibility, Mississippi
recovery, Hurricane Pam simulation, urban
search and rescue, pre-storm evacuation, post-
storm evacuation, role of governors, law
enforcement and communications, DOD role,
DHS/FEMA leadership, waste and fraud, role
of Secretary Chertoff, reform
recommendations, housing
Appropriations/32006 hurricane season, supplemental
Banking, Housing, and UrbanRebuilding, flood insurance (3 sessions)
Commerce, Science, andHurricane forecasting, communications,
Transportation/3hurricane prediction
Environment and Public Works/2Hurricane response
Health, Education, Labor, andHurricane response
J udiciary/ 1 Readiness
Special Aging/1Needs of older Americans in disasters
Source: Information compiled from searches of CQ Committee Coverage (markups and hearings) data
at CQ.com, available by subscription at [http://www.cq.com/], accessed June 15, 2006. The searches
were conducted by Jennifer Manning, Knowledge Services Group, Congressional Research Service.

White House Report. The post-Katrina report issued by the White House
does not include any recommendations for organizational changes; it does, however,
include recommendations pertinent to organizational options, including some of the
issues addressed in the pending legislative proposals. The recommendations in the
White House report that appear relevant to the pending legislation include the
following. The numbers that accompany the following recommendations are taken10
verbatim from the report and correspond to those presented in it.
4. DHS should develop and implement Homeland Security Regions that are fully
staffed, trained, and equipped to manage and coordinate all preparedness
activities and any emergency that may require a substantial federal response.
5. Each Regional Director should have significant expertise and experience, core
competency in emergency preparedness and incident management, and
demonstrated leadership ability.
6. The PFO [Principal Federal Official] should have the authority to execute
responsibilities and coordinate federal response assets.

8. Each region must be able to establish and resource rapidly deployable, self-

sustaining incident management teams (IMT) to execute the functions of the JFO
[Joint Field Office] and subordinate area commands that are specified in the NRP
[National Response Plan] and NIMS [National Incident Management System].
9. DHS should establish several strategic-level, standby, rapidly deployable
interagency task forces capable of managing the national response for
catastrophic incidents that span more than one Homeland Security Region.
10. Integrate and synchronize the preparedness functions within the Department
of Homeland Security.
11. DHS should establish a permanent standing planning/operations staff housed
within the National Operations Center.
13. A unified departmental external affairs office should be created within DHS
that combines legislative affairs, intergovernmental affairs, and public affairs as
a critical component of the preparedness and response cycle.
15. Establish a National Operations Center to coordinate the national response
and provide situational awareness and a common operating picture for the entire
federal government.

19. Establish the Disaster Response Group (DRG).

30. DOD should consider assigning additional personnel (to include General
officers) from the National Guard and the reserves of the military services to
USNORTHCOM [U.S. Northern Command] to achieve enhanced integration of
Active and reserve component forces for homeland security missions.

10 The White House, The Federal Response to Hurricane Katrina, Lessons Learned
(Washington: 2006), pp. 87-124.

38(f). DHS should establish a Chief Logistics Officer to oversee all logistics
operations across multiple support functions.
57(b). HHS in coordination with OMB and DHS should draft proposed
legislation for submission to Congress, to transfer NDMS [National Disaster
Medical System] from DHS to HHS.
63. Assign HHS the responsibility for coordinating the provision of human
services during disasters.
69. Designate HUD as the lead federal agency for the provision of temporary
76. Develop a Public Communications Coordination capability for crisis
communications at the White House.
83. The National Economic Council should form an Impact Assessment
Working Group to provide an overall economic impact assessment of major
disasters, including the Departments of Homeland Security, Treasury,
Commerce, Energy (Energy Information Administration), and Labor as well as
the President’s Council of Economic Advisors.

99. DHS should establish an office with responsibility for integrating non-

governmental and other volunteer resources into federal, state, and local
emergency response plans and mutual aid agreements. Further, DHS should
establish a distinct organizational element to assist faith-based organizations.

110. DHS should consolidate the DHS Training and Exercise Structure.

116. DHS should establish a National Homeland Security University (NHSU)

for senior officials that serves as a capstone to other educational and training
118. The White House should consider establishing a Presidential Board to
review the national security, homeland security, and counterterrorism
professional development programs of federal departments and agencies to
identify opportunities for further integration.
Overview of Findings and Recommendations. The House, Senate, and
White House reports include common elements that appear pertinent to S. 3595, H.R.
5316, and H.R. 5351. All conclude that failures of leadership and initiative
compromised efforts to provide necessary assistance to victims and communities.
Coordination problems and failures to fully integrate response procedures, plans, and
systems among federal agencies were also common findings, with particular attention
given to the role of the Principal Federal Officer (PFO); the Homeland Security
Operations Center; and DHS, DOD, and HHS officials. In addition to these failures,
the reports noted the critical role of regional offices in building relationships with
state and local governments.
One significant difference between the congressional reports and the White
House report concerns examinations of the qualifications of the leadership in FEMA
and DHS, notably the experience and training expected of leaders. Both the House

and Senate reports concluded that problems stemmed, at least in part, from leadership
shortcomings. On the other hand, the White House report focused on failures of
process, systems, and planning, not the experience or qualifications of top officials.
Comparison of Pending Legislation
The House bills that have been acted upon during the 109th Congress adopt
different approaches to the issues identified in the congressional and White House
reports. Some of the more significant differences between the two House bills are
the following:
!Organizational location: H.R. 5316 would establish FEMA as an
independent cabinet level agency with direct access to the President;
H.R. 5351 would keep FEMA in DHS as the Directorate of
Emergency Management (DEM).
!Base statutory authority: H.R. 5316 would amend the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.

5121 et seq.); H.R. 5351 would amend the Homeland Security Act,11

or HSA (6 U.S.C. 101 et seq.).
!Preparedness: H.R. 5351 would authorize preparedness activities
(school planning, pandemic influenza, emergency management
preparedness grants) and condition eligibility for homeland security
grants on the maintenance of catastrophic plans; H.R. 5316 does not
include such provisions, but would add a title to the Stafford Act that
would authorize establishment of a new comprehensive emergency
preparedness system to improve federal and non-federal capabilities.
!Presidential access: H.R. 5316 would authorize the FEMA Director
to have continual, direct access to the President at all times; H.R.

5351 would designate the head of the DEM as a “Cabinet Officer”

for the duration of Incidents of National Significance.12
!Medical response: A Chief Medical Officer would be appointed
under H.R. 5351, and emergency medical response functions would
be vested in the DEM; H.R. 5316 does not provide for such a
position or such functions.

11 The statutory authorities amended by the House bill reflect committee jurisdictions; the
House Transportation and Infrastructure Committee exercises jurisdiction over the Stafford
Act, whereas the House Homeland Security Committee has jurisdiction over the HSA.
12 Incidents of National Significance include, but are not limited to, presidential major
disaster and emergency declarations, as well as events that require the involvement of
multiple federal agencies and situations that require federal involvement, at the Secretary’s
discretion. See U.S. Department of Homeland Security, National Response Plan, as
amended (Washington: 2005), p. 4.

!Personnel: H.R. 5316 would authorize the Director of the
independent FEMA to develop a human capital strategy; H.R. 5351
would retain the authority in DHS to develop a workforce strategy.
Also, H.R. 5316 would authorize the establishment of a disaster
workforce cadre, whereas H.R. 5351 would not.
!Fraud and waste: H.R. 5351 would provide new authority and
requirements to prevent fraud and waste; H.R. 5316 would authorize
the FEMA Director to use up to 1% of funds for oversight activities.
Also, H.R. 5351 would require establishment of a system to ensure
that equipment purchased by first responders is effective; H.R. 5316
does not contain a similar provision.
!Regional offices: H.R. 5351 would require the establishment of
regional offices within DEM; H.R. 5316 would not.
S. 3721, while containing many, but not all provisions of the Senate amendment,
would make significant changes in both the Robert T. Stafford Disaster Relief and
Emergency Assistance Act and the Homeland Security Act. Most of the provisions
of the amendment to H.R. 5441 (S.Amdt. 4560) approved by the full Senate on July
11, 2006 are contained in S. 3721 as reported. S. 3721 differs from the Senate
amendment, however, in that it would retain the name and acronym of FEMA instead
of establishing an Emergency Management Authority (EMA). S. 3721 also expands
federal authority to provide accelerated assistance if deemed necessary in a
catastrophic incident, would authorize changes in personnel and workforce
procedures, and establish broad fraud prevention and reporting requirements. In
contrast to the Senate legislation, H.R. 5351 would establish a Directorate of
Emergency Management (DEM) within DHS and would make many, but not all,
changes included in the Senate legislation. Principle differences between the two
Senate texts and H.R. 5351 exist in the following areas:
!Preparedness: H.R. 5351 would provide for the pre-positioning of
equipment, development of an asset inventory, funding for
emergency management preparedness grants, planning for pandemic
influenza, and catastrophic planning; the Senate legislation would
!Response: The Senate bill and amendment include provisions
regarding disaster “strike” teams and the establishment of a National
Operations Center; H.R. 5351 does not.
!Organization: The Senate text would establish the EMA as a
distinct entity within DHS and prohibit the Secretary from
reorganizing it. H.R. 5351 would not establish DEM as a distinct
entity and would not control reorganization authority.
!Leadership: H.R. 5351 would create the DEM head at the under
secretary level, to report to the Secretary or Deputy Secretary. In
contrast, the chief executive in the Senate legislation would be at the
deputy secretary level and would report only to the Secretary.

!Communications: H.R. 5351 would establish a communications
office within DEM; the Senate legislation does not provide for such
an office.
Table 3 of this report presents summary information on existing law and
administrative documents, and it compares the provisions of the bills, with the
exception of emergency communications provisions. Table 4 compares the
emergency communication provisions in H.R. 5852 to those in S. 3721 and the one
provision in H.R. 5316. H.R. 5852, which passed the House on July 25, 2006, is
similar to the proposed Subtitle B in Section 101(a) of H.R. 5351.

Table 3. Legislative Proposals Amending Emergency Management Structure and Authorities, Comparison of
Existing Policy, S. 3721, H.R. 5316, and H.R. 5351, 109th Congress
S. 3721 A, BH.R. 5316 BH.R. 5351 A
Short Title.
Katrina Emergency Management Reform ActRestoring Emergency Services to Protect OurNational Emergency Management Reform and
Nation from Disasters Act of 2006 (RESPOND)Enhancement Act of 2006 [Sec. 1(a)]
Act of 2006 [Sec. 1]
iki/CRS-RL33522Fi ndi ngs.
g/wilar provisionsIncludes 23 findings. [Sec. 2]No similar provisions
leakTitle, Subtitle, and Chapter Changes in Existing Law.
://wikie heading of Title V of the HomelandWould add “Chapter 101-Federal EmergencyWould strike heading of Title V of the HSA and
http Act (HSA) and replace it with “NationalManagement Agency Personnel” to subpart I ofreplace it with “Emergency Management.” Would
ergency Management.” [Sec. 101] Would insertpart III of title 5 of the United States Code. [Sec.insert “Subtitle A — Directorate of Emergency
— Preparedness and Response” [Sec.121(a)] Would add “Title VII-ComprehensiveManagement.” [Sec. 101]

— EmergencyEmergency Preparedness System” to the Stafford
munications.” [Sec. 101, §539]Act. [Sec. 301(a)]

S. 3721 A, BH.R. 5316 BH.R. 5351 A
terms for purposes ofWould define the following terms for purposes ofNo similar provision
dministrator,” “Agency,” “catastrophicthe act: “Agency,” “Director,” “emergency,”
epartment,” “emergency,” “major“emergency preparedness,” “hazard,” “local
ergency management,” “emergencygovernment,” “major disaster,” “mission
anager,” “emergency response provider,”assignment,” and “state.” [Sec. 3]
officer,” “individual with a
,” “National Advisory Council,”
iki/CRS-RL33522ncident Management System,”ional Office,”
g/wegional Office strike team,” “Secretary,” and
leake capacity.” [Sec. 3]
://wikiend Title V of Homeland Security Act newly defining: “all-hazards-plus,”No similar provisionsWould amend Homeland Security Act bymodifying definition of “emergency response
httpdministrator,” “Agency,” “catastrophicprovider,” and newly defines “emergency
ergency communicationsmanagement,” “prevention,” and “emergency
ederal coordinating officer,”support providers.” [Sec. 114]
ergency communicationsDefines “Nuclear Incident Response Team.” [Sec.
stem,” “communications interoperability,”101, §543]
isory Council,” “National IncidentDefines terms comparable to “small business
ement System,” “National Response Plan,”entity.” [Sec. 101, §583(g)]

e capacity.” [Sec. 101, §501]
end Title V of the HSA by defining
: “Nuclear Incident
eam,” “Regional Advisory Council,”

S. 3721 A, BH.R. 5316 BH.R. 5351 A
egional Administrator,” and “Regional Office.”
end proposed subtitle A of theNo similar provisionsNo similar provisions
eland Security Act (HSA) by adding
e-appropriate,” “appropriate
unicipal entity,” “children,” “emergency medical
first aid,” selected
anization [Sec. 101, §523(a)]; “credential,”
iki/CRS-RL33522,” credentialed” [Sec. 101, §532(a)];ped,” “typing” [Sec. 101, §532(a)].
s.orend proposed subtitle B of the HSA byNo similar provisionsNo similar provisions
leak definitions of: “eligible region,” “National
://wikiergency Communications Strategy,” “Office ofergency Communications.” [Sec. 101, §551]
end the Intelligence Reform andNo similar provisionsNo similar provisions
rrorism Prevention Act by defining:
ergency communications
stem,” “communications interoperability,” and
ergency communications capabilities.” [Sec.
eNo similar provisionsNo similar provisions

enate bill: “situational awareness”

S. 3721 A, BH.R. 5316 BH.R. 5351 A
nfrastructure Simulation and Analysis
ent,” “appropriate population segments,”
iduals with limited English proficiency”
e Capacity Force” [Sec. 304(a)];
onstration project,” “interoperable emergency
munication system [Sec. 103(a)]; “Child
enter,” “declared event,” “displaced
g/widual,” “National Emergency
s.orily and Locator System” [Sec. 217(a)];
leaked placement,” “base flood,” “coastal
h hazard area,” “covered civil action,” “covered
://wikiidual,” “covered manufactured home,”
httploodway,” “manufactured
e,” [Sec. 229(a)];
e pass-through charge,” “covered
ered lower-tier contractor,”
e agency,” [Sec. 501(c) and other
isions which refer to 41 U.S.C. 403];
icropurchase” [Sec. 510(a)(5)];
ical event” [Sec. 101(a), §506(i)]
end Stafford Act definitions of “majorWould amend Stafford Act by defining:No similar provisions

ate nonprofit facility,” and“capability,” “covered grant,” “mission

S. 3721 A, BH.R. 5316 BH.R. 5351 A
of “individual with aassignment,” “operational readiness,”
,” [Sec. 210]; “essential service“performance measure,” and “performance
ider,” [Sec. 205, §425(a)]; “disaster period”metric” [Sec. 301(a), §701] and “catastrophic
ivor,” [Sec. 211, §706(a)]; “member ofincident” [Sec. 201, §616(d)]
arket rent.” [Sec. 218(b)]
itle IV of the legislation, wouldNo similar provisionsNo similar provisions
“Emergency Support Function
s.orOrganization Location and Status.
://wikierview of existing policy: FEMA and the Directorate of Preparedness are two of 26 entities reporting to DHS leadership. [6 U.S.C., 311-317, DHS 7/13/05
ergencyWould establish FEMA as an independentWould combine FEMA and the Directorate of
ement Agency (FEMA) in the Department“cabinet level” agency. The new agency wouldPreparedness in a new Directorate of Emergency
omeland Security (DHS) as a distinct entity, tocarry out the functions of FEMA, specified DHSManagement (DEM) within DHS. [Sec. 101(a),
authorities not assigned to FEMA, and the§§501(a), 502(b)]
eparedness Directorate as constituted on June 1,Preparedness Directorate. [Sec. 101(a), Sec. 105]
Presidential Access.
adership levels/authority to report to the President
isting policy: Under secretaries (U/S) report to the Secretary/Deputy Secretary. U/S for Federal Emergency Management may report to the President

S. 3721 A, BH.R. 5316 BH.R. 5351 A
ational Significance (INS) through the Principal Federal Officer (PFO). [Sec. Chertoff 7/13/05 letter to Congress]
inistrator would report directly andFEMA Director would be compensated at theDEM head, established at U/S level, would report
to the DHS Secretary, and serve as thesecretary level (Executive Schedule Level I) andto the Secretary and generally serve as the principal
ergency preparedness and responsewould report directly to the President at all times.adviser to the President on emergency
iser to the President, Homeland Security[Sec. 103(a)(1)]management. Would serve as a “Cabinet Officer”
y. He or she couldduring Incidents of National Significance.
them of emergency management options[Sec.101(a), §§501(a)(1), 502(a), 503]
ide advice upon
iki/CRS-RL33522he Administrator could makemendations to Congress after informing the
g/w. [Sec. 101, §512(c)(3,4)]
leakFunctions and Mission.
://wikii ssion
isting policy: FEMA mission includes response and recovery, but not emergency preparedness. [6 U.S.C. 317, DHS 7/13/2005 letter to Congress]
management functions. [Stafford Disaster Relief Act, 42 U.S.C. 5121 et seq. and Executive
ganization Plan No. 3 of 1978]
ission would include leading the nationFEMA mission would be based on the all-hazards,DEM would have primary responsibility to prepare
prehensive emergency managementrisk-based, comprehensive emergencyfor all comprehensive emergency management
-based “all-hazards-management (CEM) framework and would(CEM) phases related to terrorism, disasters, and
y through administration of theinclude responsibility for the Stafford Act. [Sec.other emergencies, with 18 specific tasks and
ct, and undertaking other activities.101(b), Sec. 102(a)(1) and (2)]authorities listed, including responsibility for the
Stafford Act. [Sec. 101(a), §502(a)]

S. 3721 A, BH.R. 5316 BH.R. 5351 A
ponents, andThe functions of current FEMA and theFunctions of FEMA (the former Emergency
FEMA and thePreparedness Directorate, and the functions,Preparedness and Response Directorate) and the
irectorate and their respectivepersonnel, and assets associated with six specifiedPreparedness Directorate would be transferred to
une 1, 2006, would be transferred toauthorities would be transferred to theDEM. [Sec. 101(a), §502(b) and (c)]
independent agency FEMA. [Sec. 105(a); Sec.
ster Medical System.]106(e)]
isting policy: The Preparedness Directorate is responsible for infrastructure protection. [6 U.S.C. 121 et seq., DHS 7/13/2005 letter to Congress]
iki/CRS-RL33522tructure Protection established. [6 U.S.C. 121]
s.orithin FEMA the NationalNo similar provisionWould establish Office for Infrastructure Protection
leakfrastructure Simulation and Analysis Center toin DEM, that would carry out risk assessments,
://wikiencies and supportodeling and simulation efforts. [Sec. 101, §527]recommend protective measures, assesspreparedness, and coordinate with other entities,
httpamong other responsibilities. [Sec. 101(a), §591]
similar provisionNo similar provisionWould redesignate Information Analysis and
Infrastructure Protection Directorate as Office of
Intelligence and Analysis, and make corresponding
changes to leadership titles. [Sec. 106]
ssistant Secretary for CybersecurityNo similar provisionOffice of Cybersecurity and Telecommunications
elecommunications would be established inwould be established under the authority of the
DEM Under Secretary to manage cybersecurity
response system, coordinate with the private sector
and other entities, administer the National

S. 3721 A, BH.R. 5316 BH.R. 5351 A
Communications System, and report to Congress.
[Sec. 101(a), §592]
isting policy: Preparedness functions assigned to the DHS Preparedness Directorate. [Original authority given to Office of Domestic Preparedness, 6
r to Congress and DHS 7/13/2005 letter to Congress]
ional administrator toWould amend the Stafford Act to require that theWould authorize support teams residing in regions
ulti-agency strike teams, with specifiedPresident establish emergency disaster responseto deploy force packages (including personal
iki/CRS-RL33522embership, location, coordination, andteams that meet specified criteria. [Sec. 202,protective, search and rescue, medical, and other
g/wents. [Sec. 101, §517(e)]§303]equipment) under the Prepositioned Equipment
s.orProgram. [Sec. 101(a), §581(b), (c), and (d)]
similar provisionWould establish a requirement that the DirectorWould require establishment of Prepositioned
://wikinotify state and area officials about the closure ofEquipment Program. [Sec. 101(a), §581(a)]
httpa prepositioned equipment program location.
Also would include a related Sense of Congress
provision. [Sec. 205]
must ensure that federal agencies withNo similar provisionWould require the Secretary to establish a National
ational Response PlanAsset Inventory Program, with an inventory of
elop inventories of material andfederal capabilities, including those of the
ment. [Sec. 404(e)(1)]Department of Defense. Would require the
establishment of an inventory database. Secretary
must certify annually that federal agencies have
developed and maintained force packages.
Secretary would identify locations of logistic

S. 3721 A, BH.R. 5316 BH.R. 5351 A
support centers and must consult with the
Administrator of the Emergency Management
Assistance Compact (EMAC). [Sec. 101(a), §582]
ilar provisionNo similar provisionWould establish Office of Training and Exercises
in DEM to improve national preparedness
capabilities. [Sec. 101(a), §522(a)]
inistratorWould require the Director to establish andWould require the Secretary, through the A/S for
maintain a comprehensive emergencyTraining and Exercises, to administer, in
iki/CRS-RL33522 and exercises focus on themanagement training program for all levels ofcoordination and consultation with specified
g/w requirements included in the revisedgovernment that meets specified standards. [Sec.governmental officers and entities, a National
s.or301(a), §703(b)(4)]Exercise Program (NEP) and a National Training
leakProgram (NTP)to evaluate and improve emergency
://wikimanagement capabilities at all levels ofgovernment. Would require the Secretary to
httpestablish the Remedial Action Management
Program (RAMP) to certify that recipients of
assistance implement lessons learned from
exercises and events. [Sec. 101(a), §522(e), (f), and
similar provisionNo similar provisionWould establish in DHS a National Domestic
Preparedness Consortium and a National Exercise
to enhance preparedness training. [Sec. 101(a),
§522(h) and (i)]
ilar provisionWould authorize grants for emergency equipment.No similar provision

[Sec. 207, §630]

S. 3721 A, BH.R. 5316 BH.R. 5351 A
etary, through ChiefNo similar provisionNo similar provision
first aid for children. [Sec. 101, §523]
to establishWould require the Director to establish a NationalWould establish National Advisory Council on
isory Council on Preparedness andEmergency Preparedness Task Force to ensureEmergency Management, with specified
embershipcoordination of emergency management amongmembership requirements, to periodically review
ents, to advise the FEMA Administratorfederal, state, and local governments, and thefederal plans, standards, and capabilities. [Sec.
ergency preparedness andprivate sector. [Sec. 301(a), §707]101(a), §509]
g/winistratorNo similar provisionWould establish Office of Public and Community
s.orote public and community preparedness. [Sec.Preparedness, headed by a Director appointed by
leakthe Secretary. The office would consist of
://wikiCommunity Emergency Response Teams, InternetResources, and Citizen Corps, with responsibilities
httpfor providing guidance to communities, and
coordinating with non-governmental organizations,
including at-risk communities. Would establish in
DEM a National Citizen Corps Council to
encourage collaboration and disseminate
information. [Sec. 101(a), §527]
ilar provisionNo similar provisionWould authorize grantees to use DHS funds for
preparedness activities by schools. [Sec. 109]
ilar provisionNo similar provisionWould require national exercise to test Pandemic
Influenza Strategy. [Sec. 111]

S. 3721 A, BH.R. 5316 BH.R. 5351 A
ilar provisionNo similar provisionWould require establishment of a pilot program for
public and private sector planning and response
program, subject to specified features and
protocols. [Sec. 112]
similar provisionNo similar provisionWould authorize $360 million for Emergency
Management Performance Grants for FY2007.
[Sec. 113]
he Administrator would collaborate onNo similar provisionWould require the establishment of standards for
iki/CRS-RL33522 nationwide standards for the typing ofthe typing of resources. [Sec. 101, §541(c)(16)]
g/w in detail the minimum
s.ormonly or
leakely to be used in disaster response. These
://wiki to federal, state, and localvernments and be compatible with the National
httpcident Management System (NIMS). Further
ping process, dissemination of the
information, and annual reporting
ents are also specified. [Sec. 101, §532]
e Administrator would coordinate with otherNo similar provisionNo similar provision
odel standards to permit owners
ployees access to critical infrastructure
ent of a disaster. [Sec. 101, §533]
inistratorNo similar provisionNo similar provision

elop and maintain a National Disaster Housing
y and report to Congress. [Sec. 204]

S. 3721 A, BH.R. 5316 BH.R. 5351 A
end the Stafford Act to require that theWould require establishment of a comprehensiveWould require that the Secretary update emergency
inistrator develop preparednessemergency preparedness system, including management capability standards that meet
standards in consultation with state andspecification of national goals, priorities,specified objectives and factors. [Sec. 101(a), §523]
plans consider individualsrequirements, voluntary consensus standards, and
performance metrics. Would also authorize
acuation planning, and would authorizefederal frameworks and require enhancement of
federal capabilities. [Sec. 301(a), §701-709]
ities. [Sec. 221, Title VI]
iki/CRS-RL33522andate use of NIMS and the NationalWould establish NIMS for domestic incidentmanagement purposes and mandate that theNo similar provision
g/wDirector be responsible for coordination of the
leaksystem. [Sec. 301(a), §704]
://wikiiew the NRP and makees based on lessons learned from HurricaneWould require that the Director be responsible forall aspects of the NRP and review components ofWould direct the Secretary, in coordination with theU/S, to designate the PFO. Would permit the
httpould mandate the use of a clearthe plan by a specified date. [Sec. 301(a), §705]appointment of Regional Directors as PFO or FCO.
mand, elimination of the position of[Sec. 101(a), §§503(c) and 504(c)(3)]
nation of
officers (FCOs), revisions to
ergency support functions, with review
ed through consultation with the National
isory Council, and reports to Congress. [Sec.
fficials develop a unifiedWould authorize establishment of nationalNo similar provision

stem of strategic and operational plans thatemergency preparedness system. [Sec. 301(a),
he Secretary, through the§703]
inistrator, would be required to provide clearWould require the Director, with the Secretary of

S. 3721 A, BH.R. 5316 BH.R. 5351 A
guidance and standards for all levels ofDefense, to identify defense assets that could
vernance that include health, human services,provide support during disasters. [Sec. 301(a),
acuation, and coordination§703(b)(7)(B)]
ent of Defense. Would require that
report to Congress on planning and
encies with primaryNo similar provisionNo similar provision
RP provide
iki/CRS-RL33522ation to the assigned coordinating agency. agencies would report annually to the
g/winistrator, and the Administrator would report
leakress. [Sec. 406]
://wikie Administrator would provide technicalNo similar provisionNo similar provision
httpis, or other severe weather
ents, including the preparation, maintenance,
of specified evacuation studies and
time frames for completing
e pre-storm evacuation and
ust address, and annual reporting
ents. [Sec. 101, §535]
ade by DHS to states or localNo similar provisionNo similar provision

vernments through the State Homeland Security
ant Program or the Urban Area Security
itiative could be used for three specified
acuation preparation purposes. Such grant

S. 3721 A, BH.R. 5316 BH.R. 5351 A
ould have specified responsibilities.
inistrator could set related guidelines,
ents, and he or she would, as
states or localities, assist hospitals,
homes, and other similar institutions with
acuation plans that would be coordinated and
rated into plans developed by state or local
vernments. [Sec. 101, §536]
iki/CRS-RL33522e Administrator would establish minimumance requirements for public andWould require that state reports on emergencypreparedness capabilities use quantifiableNo similar provision
g/wmunity preparedness to ensure that States,performance measures. [Sec. 301(a),
leakions, and localities are prepared for§703(b)(8)(B) and (C)]
ergencies. The bill specifies the
://wikiministrator’s responsibilities, including the
httpulations and exercises to test
ents for emergencies and major disasters.
deficiencies would need to be remedied in a
ely manner. Reporting requirements are
to ensure pre-scriptedNo similar provisionNo similar provision
ission assignments, where appropriate,
ilitary commands, and
ent of Health and
an Services. The latter would include special
istries. [Sec. 404(e)]
ilar provisionWould require that the President ensure thatNo similar provision

S. 3721 A, BH.R. 5316 BH.R. 5351 A
federal agencies responding to disasters attain
specified capability and operational structures.
Would not limit the authority of the Secretary of
Defense. [Sec. 301(a), §706]
isting policy: No catastrophic planning provisions in HSA or Stafford Act, but Catastrophic Incident Annex (CIA) in National Response Plan (NRP) sets out
iki/CRS-RL33522inistrator, in consultation with otherNo similar provision Would require testing and enhancement of federal,
g/welop astate, and local capabilities for responding to, and
s.orstem capable of responding to catastrophicrecovering from, catastrophic incidents. [Sec.
leakhe Administrator would submit to101(a), §522(e)(3)(C), (D)]
://wikiress an annual estimate of resources ofencies that are needed for and devoted to
httpeloping catastrophic incident response
ultiple levels of government. [Sec.
er requirements.]
ilar provisionFEMA Director would fund state and localWould condition federal homeland security
catastrophic planning and capabilities; does notfinancial aid for states and urban areas by requiring
condition receipt of aid. Would require a report tomaintenance of catastrophic plans and capabilities,
Congress on preparedness levels in participatingincluding evacuation, sheltering, warning systems,
jurisdictions. [Sec. 201, §616]and search and rescue. Would require consistency
with federal systems and plans. [Sec. 101(a), §524]
inistrator to developNo similar provisionNo similar provision

S. 3721 A, BH.R. 5316 BH.R. 5351 A
prehensive operational plans to respond to
Plan components must
state and local officials,
isions for surge capacity, and proactive federal
ment. [Sec. 404(b)]
fic response functions
isting policy: Response Division exists in FEMA, generally responsible for implementing the Stafford Act response and recovery missions [42 U.S.C. 5121
. [Secretary Chertoff’s 2SR reorganization, adopted 10/1/05] President required to establish emergency support teams in response to major disasters
iki/CRS-RL33522ergencies. [42 U.S.C. 5144] Response capabilities authorized, including control of Nuclear Incident Response Team (NIRT), National Response Plan
g/wRP), and National Incident Management System (NIMS). (6 U.S.C. 312(5,6))
leakend the Stafford Act to authorize theNo similar provisionNo similar provision
://wikiide for precautionary evacuation major
httpergency and accelerate federal
MS Integration Center,Would require maintenance of NIMS and NRP,Would establish NIMS and NRP Integration Center
. Thewith specified requirements, and would establish(NIC). [Sec. 101(a), §541]
inistrator, working through this center, wouldthe NIMS Integration Center. [Sec. 301(a), §§704,
anagement and maintenance of NIMS,705, and 708] FEMA would be lead agency for
ents and tools. [Sec. 101, National Response Plan. [Sec. 102(b)]
authority, at 6 U.S.C. 314, forNo similar provisionWould expand existing DHS authority over NIRT
RT .by directing the Secretary to, at all times, set
standards, conduct exercises, evaluate performance,

S. 3721 A, BH.R. 5316 BH.R. 5351 A
and provide funds, for NIRT, to the Department of
Energy and the Environmental Protection Agency.
[Sec. 101(a), §543]
No similar provisionWould authorize the National Urban Search and
stem in FEMA. [Sec. 101, §525]Rescue Response System and require the
establishment of an advisory committee. [Sec.

101(a), §544]

Would require FEMA Director to establish anNo similar provision
emergency operations center. [Sec. 203]
iki/CRS-RL33522ide information to all levels ofvernment. The NOC would carry out the
g/womeland Security
s.orC), the National Response
dination Center (NRCC), and the Interagency
://wikicident Management Group (IIMG). [Sec. 101,
ilar provisionWould require Director to establish a logisticsWould require identification of areas for logistic
system. [Sec. 204]support centers as part of asset inventory program.
[Sec. 101(a), §582(f)]
Would prohibit discrimination with respect toNo similar provision
ited English proficiency receivelimited English proficiency. Population groups
ation and translation assistance, and requireswith limited English proficiency would be
identified and assisted. [Sec. 209]
. [Sec. 220]
hief Medical Officer (CMO) would be requiredNo similar provisionWould establish CMO responsibilities similar to
ram to assess health and safetythose in S. 3721. [Sec. 101(a), §505(c)] Would

S. 3721 A, BH.R. 5316 BH.R. 5351 A
ncidents of Nationalrequire report to Congress on, and assessment of,
nificance, serve as advisor on public healthNDMS and whether or not it should remain in
ant DHS and other federalDHS. [Sec. 103(b)]
ities, establish National Disaster Medical
stem (NDMS) doctrine and priorities, manage
esponse System (MMRS),
ong other responsibilities. [Sec. 101, §521(c)]
title into the Stafford Act (TitleNo similar provisionNo similar provision
iki/CRS-RL33522II) that authorizes expanded aid for catastrophic
g/wination that catastrophic damage has
leak ed
://wikiidual and Household grants with cost share
httpents waived, mortgage and rental
e for unemployment
her community loan allowances, and
bursement for essential supplies. [Sec. 211]
isting policy: FEMA administers functions through a Recovery Division; HSA charges FEMA with responsibility for recovery and rebuilding communities.
ecretary Chertoff’s 2SR reorganization, adopted 10/1/05, 6 U.S.C. 317(a)(2)(D)]
ram toNo similar provisionProvision similar to S. 3721. Would require CMO
onitor health and safety of responders toto establish a program to monitor health and safety
cidents of National Significance. [Sec. 101,of responders to Incidents of National Significance.
[Sec. 101(a), §505(f)]
resident, after establishment ofNo similar provisionNo similar provision

-term recovery office, to establish an Office

S. 3721 A, BH.R. 5316 BH.R. 5351 A
ncident or Long-term Recovery in
e Office of the President and appoint a
ties, qualifications, and authorities are specified.
e the President to establish long-No similar provisionWould statutorily establish the Gulf Coast
recovery offices after a catastrophic disaster. Recovery Office (now established through
presidential directive). [Sec. 102]
iki/CRS-RL33522e the President to provide short-No similar provisionNo similar provision
g/w-term recovery assistance and to provide
s.oridelines to states regarding the assistance to be
leakade available. [Sec. 201(a)]
://wikie FEMA Administrator to developNo similar provisionNo similar provision
httpaintain a National Disaster Recovery
rategy that identifies federal recovery assistance
ress on those efforts. [Sec.
e the President to provide federalNo similar provisionNo similar provision
ice providers (generally
pensation and would
iews and reports to Congress. [Sec.
No similar provisionNo similar provision

assistance is provided, and

S. 3721 A, BH.R. 5316 BH.R. 5351 A
ibility for assistance if household
porary” housing
ith “semi-permanent or permanent.”
ove funding caps on assistanceNo similar provisionNo similar provision
ided to individuals or households. [Sec. 208]
ent of an NationalNo similar provisionNo similar provision
ergency Child Locator Center to facilitate the
issing children
s.orent of a NationalNo similar provisionNo similar provision
leakergency Family Registry and Locator System to
separated families. [Sec. 217(b)]
httpof assistance disasterNo similar provisionNo similar provision
ctims in shared household because a household
ember had previously received aid, and would
assistance for utilities and rental
d require clear language
assistance availability.
and mentalNo similar provisionNo similar provision
ices authority of the President and
of mental health and substance abuse
ices of disaster victims. [Sec. 219]
e the President to provideNo similar provisionNo similar provision

S. 3721 A, BH.R. 5316 BH.R. 5351 A
anagement services to state and local
vernments or organizations. [Sec. 222]
ibility for federal disasterNo similar provisionNo similar provision
or repairing public
here repair or replacement is
ision of in-lieu grants at the
el, in place of rebuilding funds, would no
er be restricted to cases of soil instability.
g/we the President to help state andNo similar provisionNo similar provision
s.orovernments provide housing for volunteers
leak with recovery. [Sec. 226]
://wikiend the Stafford Act to authorize federalNo similar provisionNo similar provision
http rental units for use by
ictims. [Sec. 227]
iew of debris removalNo similar provisionNo similar provision
e incentives for recycling
ress. [Sec. 228]
e placement of those displaced byNo similar provisionNo similar provision
atrina or Rita in manufactured homes
ard areas, under specified conditions.
inistrator establish anNo similar provisionNo similar provision

verification process to ensure that

S. 3721 A, BH.R. 5316 BH.R. 5351 A
iduals and Households Program (IHP)
ided to eligible applicants. [Sec.
ecific mitigation functions
isting Policy:
itigation plans addressNo similar provisionNo similar provision
an-made as well as natural threats, and would
e the use of Hazard Mitigation Grant
iki/CRS-RL33522ram (HMGP) funds to address man-made
leak based onNo similar provisionNo similar provision
erity of major disaster. [Sec. 206]
://wiki C
httpntinuity of Operations (COOP)
isting policy: Federal departments and agencies are responsible for contingency planning, including continuity of operations, within the executive branch,
E.O. 12656, Presidential Decision Directive (PDD) 67, and Federal Preparedness Circular (FPC) 65]
similar provisionResponsibilities of the proposed independentNo similar provision
FEMA would include developing guidance for
and coordinating federal continuity plans and
operations. [Sec. 102(a)(3)]
Disabled and Special Needs.
inistrator to developNo similar provisionWould provide that the Office of Public and
idelines for individuals with disabilities, prohibitCommunity Preparedness meet the emergency

S. 3721 A, BH.R. 5316 BH.R. 5351 A
ination, and authorize the provision ofneeds of individuals with disabilities, among others.
edical equipment. Other amendments to[Sec. 101(a), §527]
ct would address facility access
Would provide that catastrophic planning must take
. [Sec.into account the needs of persons with disabilities,
among others. [Sec. 101(a), §524]
ent of a FEMANo similar provisionNo similar provision
sability Coordinator, with specified
requirements forNo similar provisionNo similar provision
iki/CRS-RL33522 units. [Sec. 214]
g/wLeadershi p.
leakent authority (PAS means presidentially appointed, with the advice and consent of the Senate.)
://wikiisting policy: U/S for Federal Emergency Management is Level III PAS position. [6 U.S.C. 113; Reorganized under 6 U.S.C. 452; see letter from Sec.
httpertoff to Congress, 4/6/06] U/S for Preparedness is Level III PAS position. [6 U.S.C. 113; Reorganized under 6 U.S.C. 452; see letter from Sec. Chertoff to
A/S) for Grants and Training is a Level IV PAS position in the Directorate of Preparedness. [6 U.S.C. 238; reorganized under 6 U.S.C.
1/26/04, and letter from Sec. Chertoff to Congress, 7/13/05] U.S. Fire Administration is located in the Directorate of
6 U.S.C. 313; reorganized under 6 U.S.C. 452, letter from Sec. Chertoff to Congress, 7/13/05] Its administrator is Level IV PAS position under

15 U.S.C. 2204] Appointments to most other leadership positions made by the Secretary.

inistrator would be a Level II PASWould establish FEMA Director as a Level I PASWould establish U/S for Emergency Management,
he DHS positions currently titled U/Sposition. [Sec. 103(a)(1) and (4)] as head of DEM, as a PAS position (pay level not
ergencyspecified). [Sec. 101(a), §501(a)]
ement would no longer exist in statute. [Sec.
Would authorize the FEMA Director to appoint aDep. U/S’s for Emergency Preparedness and
covery would be Level III PAS positionsDeputy Director in the competitive service. [Sec.Mitigation, and for Emergency Response and

S. 3721 A, BH.R. 5316 BH.R. 5351 A
to the Administrator. [Sec. 101, §516(a);103(b)(1)]Recovery would be PAS positions (pay levels not
specified). [Sec. 101(a), §§501(b) and (c)]
bersecurity andNo similar provisionWould establish, as PAS positions, an A/S for
lecommunications, with appointment authorityGrants and Planning, an A/S for Training and
level unspecified. [Sec. 101, §530(a)]Exercises, an A/S for Emergency Communications,
an A/S for Infrastructure Protection, and an A/S for
Cybersecurity and Telecommunications (pay levels
not specified). President would be directed to
iki/CRS-RL33522submit a nomination for the position of A/S for
g/wCybersecurity and Telecommunications within 90
s.ordays of enactment. [Sec. 101(a), §§501(d) and
leak 592(e)]
://wikihe Administrator’s rank would be that ofNo similar provisionNo similar provision
http in DHS. [Sec. 101, §530(b)]
No similar provisionWould establish the CMO as a PAS position
ay level unspecified)reporting to the U/S. A deputy CMO would be
directly to the Administrator. [Sec. 101, appointed by the Secretary. (Pay levels are
unspecified.) [Sec. 101(a), §§505(a) and (d)]
ional Administrators for Preparedness andNo similar provisionDHS Secretary would appoint regional directors
ion, would be appointed by,and deputy directors after consulting with state,
inistrator (pay levellocal, and tribal officials (pay level unspecified).
[Sec. 101(a), §504(b)]
ilar provision, but would establish an OfficeWould authorize FEMA Director to appoint aNo similar provision

ncidents and Long-Termchief financial officer (CFO) who shall be in the
ery, headed by a Chief Financial Officercompetitive service or Senior Executive Service.

S. 3721 A, BH.R. 5316 BH.R. 5351 A
FO) and located in the Executive Office of the[Sec. 108(a)]
he CFO would be a PAS position.
ilar provisionInspector general (IG) office established, with payWould require the DHS IG to appoint a Deputy IG
level and appointment authority unspecified. [Sec.for Response and Recovery as a career member of
104]the Senior Executive Service. This Deputy IG
would be under the direct authority and supervision
of, and within the office of, the DHS IG. [Sec. 205,
iki/CRS-RL33522§813(a), (b)(1), and (c)]
s.or, a Director of theNo similar provisionWould establish the positions of Director of State,
leakrevention of Terrorism, with payLocal, and Tribal Government Coordination;
el and appointment authority unspecified. ThisDirector of the Office of National Capital Region
://wikiectly to the Secretary.Coordination; the Director of Public and
httpCommunity Preparedness; the Director of the
National Incident Management System and
National Response Plan Integration Center; and
Director of the Gulf Coast Long-Term Recovery
Office; each of whom would be appointed by the
DHS Secretary (pay levels unspecified). [Sec.

101(a), §§507(b), 508(a)(2), 527(b), 541(b); Sec.


isting policy: Specified in statute, as noted, for the Chief Financial Officer and Inspector General positions.
ersons filling FEMA Administrator andDirector and Deputy Director would be selectedWould require that U/S have demonstrated ability
would have to hold at least fivefrom individuals who have extensive experiencein and knowledge of emergency management and

S. 3721 A, BH.R. 5316 BH.R. 5351 A
e leadership and managementin emergency preparedness, response, recovery,homeland security. [Sec. 101(a), § 501(a)(2)]
nificant experience in crisisand mitigation for all hazards, including majorDeputy U/S for Emergency Preparedness and
anagement” or related field, and substantial staffdisasters, acts of terrorism and other emergencies.Mitigation would be required to possess same for
et management ability. DHS FEMA and[Sec. 103(a)(2) and (b)(2)] emergency preparedness and mitigation. [Sec.
ay serve as directors101(a), § 501(b)(2)]
interim period. [Sec. 101, §§512(c)(2) andDeputy U/S for Emergency Response and Recovery
would be required to possess same for emergency
service provision applies if theresponse and recovery. [Sec. 101(a), § 501(c)(2)]
idual serving as FEMA or Preparedness
iki/CRS-RL33522 has been confirmed for that
g/w the Senate. [Sec. 101, §516(c)(2)]
leakional administrators would be SeniorNo similar provisionRegional directors and dep. directors would be
e Service employees qualified to serve asrequired to possess ability in and knowledge of
://wikiemergency management, and familiarity with
httpregion’s geography and demography. [Sec. 101(a),
§ 504(b)(3)]
he Director of the Office for the Prevention ofNo similar provisionNo similar provision
rrorism would be required to have experience in
enforcement, intelligence, or other
terrorist functions. [Sec. 101, §529(b)(2)]
a Chief Medical OfficerNo similar provisionCMO and Deputy CMO would be required to
MO) with demonstrated ability in and apossess ability in and knowledge of medicine and
e of public health and medicine. [Sec.public health. [Sec. 101(a), §§ 505(b) and (e)]
e CFO heading the Office of Catastrophic orNo similar provisionDeputy IG for Response and Recovery would be
-term Recovery would be required to have the(Qualifications are specified under existingrequired to possess integrity and ability in

S. 3721 A, BH.R. 5316 BH.R. 5351 A
e branchstatutes for the CFO and IG positions that wouldaccounting, auditing, financial analysis, law,
be established by this bill. [31 U.S.C. 901(a)(3); 5management analysis, public administration, or
e of Federal contracting and policy-App. Inspector General Act of 1978])investigations. [Sec. 205(a), §813(b)(2)]
aking functions. [Sec. 515(c)]
o position would be established by this bill that
ect to the Inspector General Act of
g/we nt
leakisting policy: As provided for in the Homeland Security Act, “Unless otherwise provided in the delegation or by law, any function delegated under this
any subordinate.” [6 U.S.C. 455(c)]
http prohibit reductions, by theExcept where otherwise expressly prohibited byNo similar provision
, of authorities, responsibilities, orlaw or provided by the bill, the Director would be
EMA, or FEMA’s capability toauthorized to delegate to FEMA officers and
its responsibilities. Would prohibit mostemployees any of the functions transferred to the
assets, functions, or missions toDirector under the bill or subsequently vested in
him. Successive redelegations as necessary or
appropriate could be authorized by the Director.
The Director would retain the responsibility for
the administration of such functions. [Sec.


isting policy: “The issuance of regulations by the Secretary shall be governed by the provisions of chapter 5 of title 5 [administrative procedure], except as
s granting regulatory authorities that are transferred by this chapter, and in laws enacted after November 25,

S. 3721 A, BH.R. 5316 BH.R. 5351 A

6 U.S.C. 112(e)]

ilar provisionThe Director would be authorized to prescribeNo similar provision
rules and regulations as necessary or appropriate,
in accordance with 5 U.S.C. Chapters 5
(administrative procedure) and 6 (regulatory
functions), to administer and manage FEMA.
[Sec. 106(d)]
Interagency and Intergovernmental Coordination.
g/wisting policy: Secretary of DHS (and during Incidents of National Significance, the Principal Federal Official, or PFO) and the Federal Coordinating
s.orFCO) during major disasters and emergencies [42 U.S.C. 5143; National Response Plan, Homeland Security Presidential Directive (HSPD)-5]
e as primary contactFEMA would be required to have a liaison officeAuthority of FCOs would remain unaffected. [Sec.
://wiki, and would authorizeto coordinate with DHS during potential or actual101, §504(g)(1)]
httpent of deputy FCOs. [Sec. 209]terrorist incident. [Sec. 105(d)]
similar provisionNo similar provisionWould establish a National Biosurveillance
Integration System (NBIS) to assure interagency
coordination of biological events. CMO would
exercise specified responsibility concerning NBIS.
Head of any federal agency could detail personnel
to provide assistance. CMO would establish an
interagency coordination council and report
annually to Congress on NBIS activities. [Sec.

101(a), §506]

inistrator and CorpsNo similar provisionNo similar provision

ineers to coordinate on disaster response,

S. 3721 A, BH.R. 5316 BH.R. 5351 A
ery, and mitigation. Consultations would
er ways to establish better communication and
ic planning, within departments, on levees,
y repair, flood plain management, critical
ant matters
to vulnerable communities. [Sec. 101,
isting policy: FCO coordinates with state official(s) during major disasters or emergencies. [42 U.S.C. 5143] DHS Secretary required to develop and co-
iki/CRS-RL33522HS. [6 U.S.C. 346] Office for National Capital Region Coordination established in DHS. [6 U.S.C. 462]
g/winistrator would be required toNo similar provisionsWould establish and set forth responsibilities of
s.orional offices, each with a Regionalregional offices and Regional Advisory Councils on
leakisory Council, and may designate the OfficeEmergency Management. Agency representatives
://wikiion Coordination as aional office. [Sec. 101, §§517(a) and (c)(2)(E)]would be housed in regional offices. Would not beconstrued as limiting state, local, or tribal
httpsponsibilities of regional administrators wouldgovernment power. [Sec. 101(a), §504]
ities with state andWould establish Office of National Capital Region
overnments in the geographical area served,Coordination in DEM. [Sec. 101(a), §508]
strike teams, among others. [Sec. 101,
inistrator would be required to establish area
aribbean areas. [Sec.
ilar provisionNo similar provisionWould establish Office of State, Local, and Tribal
Government Coordination. [Sec. 101(a), §507]

S. 3721 A, BH.R. 5316 BH.R. 5351 A
e Secretary to fundWould authorize grants for the administration of Provision similar to S. 3721. [Sec. 101(a), §546]
inistration and improvement of theEMAC. [Sec. 302]
ergency Management Assistance Compact
No similar provisionProvision similar to S. 3721. [Sec. 101(a), §545]
stem (MMRS) in FEMA. [Sec. 101,
similar provisionNo similar provisionAuthority of state, local, and tribal governments
would remain unaffected by provisions of the
iki/CRS-RL33522legislation. [Sec. 101, §504(g)(2)]
g/winistrator to promoteNo similar provisionWould establish an Office of Public and
s.ormunity preparedness. [Sec. 101,Community Preparedness to assist state, local, and
leaktribal governments in public preparedness
://wikiactivities. Office would administer programsrelated to Citizen Corps, Community Emergency
httpResponse Teams, and other entities; would provide
information to state and local governments and
non-governmental organizations; and would
consider the needs of at-risk communities [Sec.

101(a), §527]

ilar provisionNo similar provisionWould allow the use of grants to hire qualified
intelligence analysts in state, local, and tribal
governments. [Sec. 105]
ention ofNo similar provisionWould establish Office of Grants and Planning in
rrorism in DHS to coordinate with state andDEM to aid preparedness of state and local
encies. Would require Director togovernments for acts of terrorism, natural disasters,
and activities, work with DHSand other emergencies. [Sec. 101(a), §521]

S. 3721 A, BH.R. 5316 BH.R. 5351 A
ants office, and establish a pilot project.
partment of Justice roles or responsibilities
lationships with non-governmental organizations (NGOs) and foreign governments
isting policy: Agreement exists for the delivery of mass care by NGOs after Incidents of National Significance (INS) [National Response Plan]
of disaster relief NGOs. [42 U.S.C. 5152]
isory Council on Preparedness andNational Emergency Preparedness Task ForceWould establish a Regional Advisory Council
ate sectorwould include non-governmental organizations.including private sector members. [Sec. 101(a),
iki/CRS-RL33522es. [Sec. 101, §518] [S.A. 4560, Sec.[Sec. 301(a), §707]§504(e)]
g/wergency” in council title.]
leak similar provisionNo similar provisionWould encourage use of national private sector
networks for emergency response. [Sec. 101(a),
://wiki §542]
e the President to accept gifts andNo similar provisionNo similar provision
ices from foreign organizations and
vernments. [Sec. 223]
inistrator to consultNo similar provisionNo similar provision
the coordination of assistance. [Sec.
isting policy: No provisions in current policy.
inistrator work withWould require that the Director establish aWould require NIC officials to establish and

S. 3721 A, BH.R. 5316 BH.R. 5351 A
federal officials to establish nationwidecredentialing system for the disaster workforce.maintain a credentialing system related emergency
standards. Would require the[Sec. 121(a), §10105(b)(4)]response officials and organizations. [Sec. 101(a),
ministrator to establish and maintain a database§§541(c)(13), (14), and (15)]
ergency response providers and other
he Administrator
ays, credentialing of
ergency response providers.
requirements and time frames for
pleting all actions are specified. [Sec. 101,
Personnel. D
g/wisting policy: Authorizes the establishment of a new human resources management system, referred to as Max-HR, for DHS. [5 U.S.C. Chapter 97] Permits
s.ortion, pay, performance management, adverse actions and appeals, and labor management relations systems.
ilar provisionOfficers and employees would be subject to theNo similar provision
://wikiappointment, compensation, and other provisions
httpof Title 5, United States Code (Title 5), to the
same extent and in the same manner as any other
officer or employee, but officers and employees
would not be subject to the DHS human resources
management system established at 5 U.S.C.
Chapter 97. [Sec. 106 (a)(1)]
e Secretary would assign permanent staff andNo similar provisionNo similar provision

other DHS
ponents to the Office for the Prevention of
rrorism. Senior employees from each DHS
ponent having significant antiterrorism
ould be designated, by the
, to act as liaisons between the
ponents and the Office. [Sec. 101, §529(c)]

S. 3721 A, BH.R. 5316 BH.R. 5351 A
ivil Service laws and selection
isting policy: Current statutory policies do not provide authority for agency Directors to fix compensation.
ilar provisionThe Director could appoint and fix theNo similar provision
compensation of officers and employees,
including investigators, attorneys, and
administrative law judges, necessary to carry out
transferred functions. [Sec. 106(a)(1)]
isting policy: An agency head may contract for the temporary (up to one year) or intermittent services of experts and consultants without regard to the Title
iki/CRS-RL33522nited States Code provisions on appointment or the 5 U.S.C. Chapters 51 and 53 provisions on position classification and pay. [5 U.S.C. §3109]
s.orilar provisionIn accordance with 5 U.S.C. §3109, the DirectorNo similar provision
leakcould obtain the services of experts and
consultants, who would be compensated as
://wikispecified. [Sec. 106(a)(2)]
isting policy: Specified transferred personnel would not be separated or reduced in pay grade or compensation for one year after the date of the transfer,
ise provided in that chapter of the code. [6 U.S.C. 411(b)(1)] Any individual in an Executive Schedule position appointed to a comparable
in service would continue to be compensated at no less than that pay rate. [6 U.S.C. 411(b)(2)]
ilar provisionSpecified transferred personnel would not beNo similar provision

separated or reduced in pay grade or
compensation for one year after the date of the
transfer, except as otherwise provided by the bill.
Any individual in an Executive Schedule position
appointed to a comparable position in the new
agency without a break in service would continue

S. 3721 A, BH.R. 5316 BH.R. 5351 A
to be compensated at no less than that pay rate,
except as otherwise provided by the bill. [Sec.


ent and training
isting policy: Executive agency heads must submit a strategic plan for program activities to the Office of Management and Budget (OMB) and Congress at
hich must include specified elements, must cover at least five years forward from the fiscal year in which it is submitted. [5
A Chief Human Capital Officer (CHCO), among other responsibilities, sets the strategy for developing the workforce, assesses the characteristics
gic plan of the agency, and aligns human resources policies and programs with the agency’s
performance outcomes. [5 U.S.C. 1402] Training for DHS employees is governed by 5 U.S.C. Chapter 41.
elop a strategicWould authorize the Director to develop a humanNo similar provision
an capital plan for the Agency. It wouldcapital strategy to ensure that FEMA has a
iki/CRS-RL33522sis of gaps in the workforce, plansworkforce of the appropriate size and with the
g/waps, and a discussion of theappropriate skills and training to effectively carry
s.orrge Capacity Force. The bill specifies issuesout its mission and responsibilities, consistent
leakents would address. This planwith the policies and plans developed pursuant to
://wiki through 2012, andinistrator’s assessment ofthe strategy. The human capital strategy wouldinclude specified elements. Not later than six
httpent and agency implementation progress,months after enactment the Director would be
oriented performance measures. required to submit the human capital strategy to
e Comptroller General would evaluate the planCongress with periodic updates to follow. [Sec.
ents for reports to121, §10102]
ress are specified. [Sec. 301]
inistrator to identify careerNo similar provisionThe A/S for Training and Exercises would be
ithin FEMA and to ensure that FEMArequired to establish a comprehensive program for
the professional development and education of
homeland security personnel at all levels of
inistrator to set a personnel assignment policygovernment, nongovernmental organizations, and
career path goals and the need to requireemergency management personnel in the private
eet other specified goals.sector. [Sec. 101(a), §522(c)(8)]

S. 3721 A, BH.R. 5316 BH.R. 5351 A
end Title VIII of the HSA to create aNo similar provisionNo similar provision
ployee rotation program, with specified
force development goals, and established by
in accordance with the DHS Human
ic Plan. The program would apply
those suggested by the
an Capital Officers Council and would
inistered by the DHS Chief Human Capital
ision on National Homeland
Academy below.]
ision immediately below.No similar provisionThe National Exercise Simulation Center would
iki/CRS-RL33522provide a learning environment for the homelandsecurity personnel of all federal departments and
s.oragencies. [Sec. 101(a), § 522(i)(2)]
leakend Title VIII of HSA to create aNo similar provisionWould establish a graduate-level Homeland
://wikieland Security Academy. to beSecurity Education Program in the National Capital
http the Secretary. The Academy wouldRegion. Would establish requirements for service
prise four entities: (1) the National Homelandcommitment for selected employees. [Sec. 101(a),
Education and Strategy Center to provide§526]

ental instruction and develop a homeland
curriculum; (2) a communications
that can provide for distance learning; (3)
rams of the Center for Homeland Defense
at the Naval Postgraduate School; and
ational Homeland Security Education
, made up of representatives of all
ies and training centers within DHS
risdiction. The Academy would have a specified
mission, enrollment
ets, and specified responsibilities. The bill

S. 3721 A, BH.R. 5316 BH.R. 5351 A
ponents, officials and staff, eligibility for
ission, standards for the curriculum, reporting
ents, and coordination practices.
e DHS Inspector General would evaluate, forNo similar provisionNo similar provision
ress, the implications of converting a portion
EMA’s temporary workers to full-time
anent positions. [Sec. 307]
isting policy: Payment of recruitment bonuses by executive agency heads governed by existing authority. [5 U.S.C. 5753] In addition, several other
iki/CRS-RL33522apply to recruitment bonuses.
s.orilar provisionWould authorize FEMA Director to pay No similar provision
leakrecruitment bonuses for difficult-to-fill positions,
with specifications regarding amount and form of
://wikithe bonus and requirements for an employee
httpreceiving a bonus. Political appointees not eligible
to receive recruitment bonuses. Authority to pay
bonuses would end five years after enactment of
Chapter 101. [Sec. 121, §10103]
isting policy: Payment of retention bonuses by executive agency heads governed by existing authority. [5 U.S.C. 5754] Several additional provisions at 5
ilar provisionWould authorize the Director to pay bonuses toNo similar provision

retain certain hard-to-retain employees under
specified circumstances, with specifications
regarding the amount and form of the bonus and
service agreement requirements for an employee

S. 3721 A, BH.R. 5316 BH.R. 5351 A
receiving a bonus. A retention bonus could not be
based on any period of service which is the basis
for a recruitment bonus. The authority to pay
bonuses would end five years after Chapter 101
was enacted. [Sec. 121, §10104]
e Administrator would prepare a report forNo similar provisionNo similar provision
ress on vacant positions within FEMA. The
ents for the report which
both the time
ber of
hich are currently vacant or anticipated
updates, to include the
iki/CRS-RL33522ministrator’s assessment of FEMA’s progress in vacant positions, would be required for the
s.ore years. [Sec. 306]
leaksaster workforce
://wikiisting policy: Current statutory policy does not address disaster reserve cadre.
e Administrator would establish a SurgeAuthorizes the establishment, within FEMA, of aNo similar provision

Force (SCF) to be deployed to disasters,disaster workforce reserve cadre to meet the
catastrophic incidents. DHS employeesagency’s surge requirements during emergencies.
ployees of FEMA, as well asThe Director would review the current disaster
ployees of other federal departments andworkforce reserve and redevelop it to create a
encies, would be designated by the Secretary tocadre with specified characteristics. Also includes
e on SCF. Specifies credentialing and trainingprovisions facilitating the participation of
ents for SCF members. A database withannuitants in such a cadre, with duration caps, and
ation would be established andfor cadre member training expenses. [Sec. 121,
aintained by the Administrator. [Sec. 304]§10105]

S. 3721 A, BH.R. 5316 BH.R. 5351 A
Information Technology.
provements to Information Technology Systems
isting policy: No provisions in current policy.
e Administrator would ensure that FEMA’sNo similar provisionNo similar provision
ation technology systems are updated,
patible, and track disaster response personnel,
orders for mission assignments,
modities, and supplies used in disaster
raining on the use of those systems
ided to FEMA personnel, including
g/wInvestigations and Reports.
leakaste and fraud prevention and oversight
://wikiisting policy: Penalties established for persons who knowingly misapply Stafford Act assistance proceeds. [42 U.S.C. 5157]
httpptroller General to report toWould permit the Director to authorize use byWould amend the HSA to mandate that the
ress on fraud prevention programs used byrecipient agencies of up to 1% of missionSecretary establish of a fraud prevention training
mend additional fraud preventionassignment funds for oversight activities toprogram for federal employees and non-federal
toprevent fraud and waste. [Sec. 208]officials. [Sec. 101(a), §584] Would amend HSA to
on fraud awareness. [Sec. 502]require the Secretary of DHS to prevent and detect
fraud, waste, and abuse of funds administered by
DEM. Would require review by DHS IG and an
annual certification to Congress that proper controls
are in place. [Sec. 201, §707] Would provide for
an assessment of, and report concerning, the past
and potential future use of independent private
sector IGs. [Sec. 202] Would amend the HSA to

S. 3721 A, BH.R. 5316 BH.R. 5351 A
establish a Deputy IG for Response and Recovery,
under the DHS IG, as a career position. This
official would conduct and supervise audits and
investigations related to disaster assistance funding.
Would require that agencies receiving or spending
federal funds distinguish those funds from other
agency funds. [Sec. 205, §§813(d) and (e)] Would
amend the HSA to protect the DHS official seal and
insignia. [Sec. 206, §875(d)]
similar provisionNo similar provisionWould amend the HSA to require that grantees
report on expenditures of federal emergency
management funds. Federal agencies would be
iki/CRS-RL33522required to report to their respective IGs on theexpenditure of funds. Such reports would need to
s.orbe submitted pursuant to specified time frames.
leak[Sec. 203, §856a]
://wikiSecretary of DHS ensureNo similar provisionWould amend the HSA to require increased
httpation technology systems ensure theinformation sharing among federal agencies to
lidity of claims for Stafford Act assistance. [Sec.confirm the identity and eligibility of those seeking
emergency assistance. [Sec. 204, §856b]
ptroller General to report toNo similar provisionNo similar provision
ress on compliance of DHS with the Single
ct for the two year period preceding
ent of this legislation. [Sec. 512]
ptroller General to report toNo similar provisionNo similar provision

ress on DHS compliance with the Improper
yments Information Act with respect to disasters
ilar to Hurricane Katrina as well as the

S. 3721 A, BH.R. 5316 BH.R. 5351 A
isting policy: Current statutory policy does not contain comparable reporting or evaluation requirements.
ilar provisionsDirector would be required to report to CongressNo similar provisions
on recommended legislation. [Sec. 108(b)]
Director would be required to submit annual
reports to Congress on emergency preparedness in
the nation. [Sec. 301(a), §703(b)(8)]
stem Assessment andNo similar provisionProvision similar to S. 3721. Would require
alidation for Emergency Responders (SAVER)establishment of a SAVER Program. [Sec. 101(a),
ram to provide evaluations of emergency§525]
ent and systems. [Sec. 101, §524]
g/wilar provisionNo similar provisionWould require that the National Academy of Public
s.orAdministration (NAPA) study the implementation
leakof organizational changes at DHS and provide
assistance with such implementation during this
://wikiprocess. [Sec. 107]
ilar provisionNo similar provisionWould establish requirements for the Government
Accountability Office (GAO) to report to Congress
on homeland security training. [Sec. 108(a) and (b)]
ptroller General to studyNo similar provisionNo similar provision

ongress on the accessibility, and use
disabled persons, of emergency shelters. [Sec.

S. 3721 A, BH.R. 5316 BH.R. 5351 A
A expenses
ress by theNo similar provisionNo similar provision
mptroller General on the increase in fixed costs
FEMA from January 1,
h enactment. The report would also be
sis of additional
the agency. [Sec. 101,
sclosure of Certain Information to Law Enforcement Agencies
isting policy: Current statutory policy does not contain comparable requirement.
iki/CRS-RL33522e Secretary would authorized to disclose, inNo similar provisionNo similar provision
g/with the Privacy Act, information in
s.or DHS database on individual assistance to any
leakovernment law
://wikient agency when circumstances requireacuation, sheltering, or mass relocation of the
httphis would occur for the purposes of
ing illegal conduct or addressing public
or security issues. [Sec. 101, §539]
Reorganization. E
isting policy: President was granted specified reorganization authority during the year following the effective date of HSA (2003). [6 U.S.C. 542]
on authority under the act. [6 U.S.C. 452]
pt FEMA from the Secretary’sFEMA Director would exercise authority toThe congressional notification requirement for a
anization authority under 6 U.S.C. 452.reorganize FEMA similar to that of the DHSDEM reorganization by the Secretary under
prohibit reductions, by theSecretary under 6 U.S.C. 452, with a shorterexisting authority, at 6 U.S.C. 452, would be
, of authorities, responsibilities, orperiod of time (30 days) between notification oflengthened from 60 to 120 days. [Sec. 101(a),

S. 3721 A, BH.R. 5316 BH.R. 5351 A
EMA, or FEMA’s capability toCongress and implementation. [Sec. 106(c)]§510]
its responsibilities. Would prohibit most
assets, functions, or missions to
Transfer and Transition.
Appropriations and Personnel
isting policy: Emergency management-related functions, personnel, assets, and liabilities were transferred to the DHS Secretary. [6 U.S.C. 503]
rtain functions were subsequently re-transferred within DHS under the President’s and secy’s reorganization authorities. For specific information, see
ents for transferring functions and activities, generally, are specified at 31 U.S.C. 1531.
ilar provisions, but see “OverallTransfers from DHS to FEMA would be subject toNo similar provisions, but see “Overall Mission,”
iki/CRS-RL33522e, for transfers.31 U.S.C. 1531. The personnel employed inabove, for transfers.

g/wconnection with the functions transferred by Sec.
s.or105 would be transferred to FEMA. Additionally,
leakthe assets, liabilities, contracts, property records,
and unexpended balances of appropriations,
://wikiauthorizations, allocations, and other funds
httpemployed, used, held, arising from, available to,
or made available in connection with the functions
transferred by Sec. 105 would be transferred to
FEMA. Funds transferred which were
unexpended would be used only for the purposes
for which they were originally authorized and
appropriated. [Sec. 106(e)]
The OMB Director, in consultation with the
FEMA Director, could make such determinations
as necessary for the functions transferred by
Section 105. He also could, as necessary, make
such additional incidental dispositions of
personnel, assets, liabilities, grants, contracts,

S. 3721 A, BH.R. 5316 BH.R. 5351 A
property, records, and unexpended balances of
appropriations, authorizations, allocations, and
other funds held, used, arising from, available to,
or to be made available in connection with the
functions. The OMB Director would provide for
the termination of the affairs of all entities
terminated by Title I of H.R. 5316 and for such
further measures and dispositions as necessary.
[Sec. 106(f)]
similar provisionNo similar provisionWould assign responsibility for existing federal
training centers to A/S for Training and Exercises.
[Sec 101(a), §522(d)]
s.oristing policy: HSA transition provisions include those requiring the development of an initial reorganization plan, calling for a review of congressional
leakmittee structures, allowing for transitional authorities, terminating executive-level positions not explicitly transferred, requiring continuity of inspector
://wikintal transfers. [6 U.S.C. 541-557] The transition period is defined as “the 12-month period beginning on thethe] Act.” [6 U.S.C. 541(2)]
egal references to the Director of FEMA wouldNo similar provisionsNo similar provisions

to the Administrator of
ndividuals serving as the
ergency Management and the
serve as directors until
anent directors were appointed. [Sec. 101,
e interim service provision would apply if the
idual serving as FEMA or Preparedness
had been confirmed for that
the Senate. [Sec. 101, §516(c)(2)]

S. 3721 A, BH.R. 5316 BH.R. 5351 A
ilar provisionTransition would be required to be carried out noNo similar provision
later than February 1, 2007. [Sec. 105(b)]
FEMA Director may use FEMA personnel and
funds to implement the transition. [Sec. 105(c)]
ilar provisionWould provide for the continuity of legalNo similar provision
documents, proceedings, legal suits and actions,
regulatory actions, and legal references. [Sec. 107]
isting policy: The HSA includes procurement provisions pertaining to research and development, personal services, special streamlined acquisition
ith corporate expatriates, and emergency procurement flexibility. [6 U.S.C. 393-395, 421-428] The act does not
itations on subcontracting, non-competitive contracts, or prohibitions on consideration of political affiliation in the award of agency contracts.
g/wilar provisionNo similar provisionWould direct the Secretary, through the U/S for
s.orEmergency Management and in coordination with
leakregional directors, to establish and maintain a small
business database for federal contracting related to
://wikimajor disasters and emergency assistance activities.
http[Sec. 101(a), §583]
ilar provisionsWould instruct the Director to promulgateNo similar provisions
regulations placing limitations on subcontracting
agency-contracted work [Sec. 131], and on the
length of certain non-competitive contracts. [Sec.
132] In addition, the bill would prohibit the
consideration of political affiliation in the award
of agency contracts. [Sec. 133]
e pass-through charges on contractsNo similar provisionNo similar provision

olving subcontractors would be prohibited.
ress by the

S. 3721 A, BH.R. 5316 BH.R. 5351 A
ptroller General. [Sec. 501]
B would establish a ContingencyNo similar provisionNo similar provision
Corps, which would consist of
officers serving on a temporary and
luntary basis. [Sec. 503]
No similar provisionNo similar provision
aintain an online registry of contractors that
ide disaster or emergency relief services.
ices thatNo similar provisionNo similar provision
overnments may purchase from
iki/CRS-RL33522neral Services Administration’s (GSA) federal
g/w schedules. [Sec. 507]
leakend the Stafford Act to require writtenNo similar provisionNo similar provision
stification for any expenditure of federal funds
://wikiery work that is not awarded
httpanizations, firms, or individuals. [Sec.
inistrator would be required toNo similar provisionWould amend the HSA to authorize the U/S to pre-
elop and implement an advance contractingnegotiate contracts for the delivery of goods and
y for recurring requirements for goods andservices related to response and recovery after
ices needed for disaster recovery. Wouldemergencies, provide preferences to small
ress, by thebusinesses, use competitive procedures, and consult
inistrator, on recurring disaster responsewith other federal agencies. Contract authority
ents. [Sec. 509]could be delegated to regional directors. [Sec.

101(a), §585]

uidance on purchaseNo similar provisionNo similar provision

S. 3721 A, BH.R. 5316 BH.R. 5351 A
aking micropurchases, and also would
ency senior procurement executives to
it periodic reports to OMB on their agencies’
pliance efforts. GSA, in conjunction with the
ternal Revenue Service and the Financial
ement Service, would develop procedures
ect purchase card payments to
ment Levy
ram. Would require annual reports to
ress on first and business class travel by
e branch employees. [Sec. 510]
ency heads to develop safeguardsNo similar provisionNo similar provision
iki/CRS-RL33522overning the use of purchaseenience checks. [Sec. 511]
s.orandate that the Comptroller GeneralNo similar provisionNo similar provision
leakit a report to Congress on the number of
://wiki the
httpent and small businesses. [Sec. 514]
Authorizations and Miscellaneous Provisions.
e funds for FY2007 throughWould authorize specified funds for FY2007Would authorize:
2010 for specified FEMA accounts and forthrough FY2009 specifically for the catastrophic$40 million for each fiscal year 2007 through 2009
munications provisions. In additionplanning [Sec. 201, §616(f); $200 million for theand such sums as needed after FY2009 for the
ations, would authorizepurchase of interoperable communicationsNational Urban Search and Rescue Response
s as necessary for the act. [Sec. 601]equipment for FY2007 through FY2009 [Sec. 207,System [Sec. 101(a), §544(d)];
§630(f)]; specified funds for the NIMS and NRPsuch sums as necessary for FY2007 through
Integration Center for FY2007 through FY2009;FY2010 for the Metropolitan Medical Response
$4 million for each year FY2007 through FY2009System [Sec. 101, §545(c)];
for EMAC grants; and such sums as necessary for$4 million for each of three years (years unstated)
the proposed Comprehensive Emergencyfor administration of the Emergency Management

S. 3721 A, BH.R. 5316 BH.R. 5351 A
Preparedness System title of the Stafford ActAssistance Compact [Sec. 101, §546(c)];
[Sec. 301, §709(b)].$85 million for each fiscal year FY2007 through
FY2010 for the National Disaster Medical System
[Sec. 103(a)];
such sums as necessary for the Office of
Catastrophic Incident or Long-Term Recovery
[Sec. 515(i)];
$11 million for the Office of the Deputy Inspector
General for each fiscal year [Sec. 205, §813(f)].
similar provisionNo similar provisionWould require the Secretary, when reprogramming
or transferring funds, to comply with applicable
provisions of annual homeland security
iki/CRS-RL33522appropriations acts. [Sec. 101(a), §502(d)]
g/w similar provisionNo similar provisionWould require the Secretary to provide the U/S
s.orwith necessary resources and staff. [Sec. 101(a),
leak§502 (e)]
://wikie date of legislation would be January 1,No similar provisionNo similar provision
This table is based on sources cited. Keith Bea, Barbara L. Schwemle, L. Elaine Halchin, Garrett Hughes, and Henry B. Hogue, Government and Finance
ision, Congressional Research Service, contributed to the development of this table.
es: Provisions of S.A. 4560 identical or similar to those included in S. 3721 are preceded by an asterisk (*).
uch of the text included in S.A. 4560, the amendment approved by the full Senate during debate on H.R. 5441. S. 3721 and H.R. 5351 (as
committee) would amend the Homeland Security Act of 2002 (P.L. 107-296, as amended), 6 U.S.C. 311 et seq.
.R. 5316 (as reported from committee) would amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act (P.L. 93-288, as amended),

nalysis of authorities governing government contingency programs, see CRS Report RL32752, Continuity of Operations (COOP) in the Executiveth
Congress, by R. Eric Petersen.
ation on the new human resources management system at DHS, see CRS Report RL32261, DHS’s Max-HR Personnel System: Regulations on
ance Management Compared with Current Law and Implementation Plans, by Barbara L. Schwemle; CRS Report RL32255,
r the Department of Homeland Security Human Resources Management System (Subpart E) Compared with Current
, by Jon O. Shimabukuro; and CRS Report RL33052, Homeland Security and Labor-Management Relations: NTEU v. Chertoff, by Thomas J. Nicola and Jon
the reorganization plan under Sec. 1502 (6 U.S.C. 542), see White House Office, “Department of Homeland Security Reorganization Plan,” Nov. 25, 2002,
ton, DC, available at [http://www.whitehouse.gov/news/releases/2002/11/reorganization_plan.pdf], accessed on July 3, 2006. Reorganizations under Sec.
the Secretary of Homeland Security to leaders of the appropriate congressional committees on the following
an. 26, 2004, July 13, 2005, and Apr. 4, 2006.


e Proposals Amending Emergency Communications Provisions, Comparison of Existing Policy,
S. 3721, H.R. 5316, and H.R. 5852, 109th Congress
S. 3721 AH.R. 5316 BH.R. 5852 C
isting policy: DHS Secretary authorized to coordinate communications systems through the Office of State and Local Coordination (now Preparedness
. [6 U.S.C. 112, DHS letter of 7/13/05 to Congress] Congress authorized the creation of the Office of Interoperability and Compatibility within the
form and Terrorism Prevention Act of 2004 [P.L. 108-458, Title VII, Subtitle C, Sec. 7303 (a) (2)].
terms: “eligibleNo similar provisionsNo similar provisions
ion,” “National Emergency Communications
iki/CRS-RL33522y,” “Office of Emergencymunications” [Sec. 101, §551]
s.orministrative entity and officials
ergencyWould require that the independent FEMAWould establish Office of Emergency
://wikimunications within the Federal Emergencymaintain interoperable communicationsCommunications within DHS headed by an
httpement Agency (FEMA) in DHS, headed bycompatibility. [Sec. 206]Assistant Secretary for Emergency
port to the AssistantCommunications. [Sec. 2(a), §1801(a)(b)]
for Cybersecurity and
lecommunications. [Sec. 101, § 552(a)(b)]
n the following responsibilities to theNo similar provisionWould assign the following responsibilities to the
: assuring sufficientDirector which include: fostering cooperation at all
and robustness of emergencylevels of government and standards development
munications as well as interoperability, withfor interoperability, such as: developing and
phasis on national programs, such as implementing the coordination of public safety
eloping and implementing the coordination ofinteroperable communications programs as required

S. 3721 AH.R. 5316 BH.R. 5852 C
interoperable communicationsin 6 U.S.C. 194 (some of these requirements appear
rams as required in 6 U.S.C. 194 and ain S. 3721); administering departmental
y to achieve emergency communicationsresponsibilities and authorities regarding,
; promulgatingSAFECOM — excluding elements related to
ant guidance; carrying out responsibilities forresearch, the Integrated Wireless Network (IWN)
ing suitable commercial technologies;program, and the National Communications
the development of emergencySystem; conducting outreach and fostering
munications capabilities and interoperabledevelopment of interoperability and provide
munications systems by federal, state, andtechnical assistance for interoperability, at all levels
overnments and public safety agenciesof government; facilitating the creation of a
h means such as developing a nationalRegional Emergency Communications
y for communications capabilities andCoordination Working Group; promoting best
and developing a nationalpractices; coordinating the establishment of a
iki/CRS-RL33522bing its components; national response capability; assisting the president
g/winistering departmental responsibilities andand other executive officials in ensuring federal
s.orarding the Integrated Wirelesstelecommunications operability, except for
leak (IWN) program, the Nationalspectrum management; establishing requirements
munications System, and the Emergency Alertfor full, nonproprietary interoperable emergency
://wikistem (EAS) and Integrated Pubic Alert andcommunications for public safety equipment
http System; establishing a national system ofpurchased with homeland security assistance
arnings in the event of a natural orprograms in the Department; and reviewing plans
an-made disaster; administering departmentaldeveloped for these programs [Sec. 2 (a) § 1801
ffice of(c)]; overseeing transferred functions forD
teroperability and Compatibility; coordinating aSAFECOM, departmental responsibilities related
for back-upto the Integrated Wireless Network, and the
munications, including planning,Interoperable Communications Technical
plementation, and training; assisting theAssistance Program [Sec. 2 (a) § 1801 (d)]; and
esident and other designated authorities insubmitting a report to Congress on resources and
emergency communications capability;staff necessary to meet the above responsibilities
iewing all interoperable communications plans[Sec. 2 (a) § 1801 (e)].

federal, state, and local governments;
an interactive database with an

S. 3721 AH.R. 5316 BH.R. 5852 C
entory of emergency communications assets
generators) that can be rapidly
ed. [Sec. 101 § 552 (c)
elopmentNo similar provisionNo similar provision
ram to promote competitive research for
ergency communications and interoperability
ould include a Center for Excellence. [Sec.
ects of whichNo similar provisionNo similar provision
medical data. Specifies disaster risk
iki/CRS-RL33522 areas for pilot projects. [Sec.
s.orinistrator, through theNo similar provisionNo similar provision
leakrants and Training, to direct grants
://wikiram for communications and interoperability;ent of risk for an
httpents for
ions and criteria for awarding
ants. [Sec. 101, § 558]
ilar provisionNo similar provisionWould require DHS Secretary, in consultation with
other federal and non-federal officials, to guide
development of minimum interoperable emergency
communications capabilities in urban and other
high risk areas. [Sec. 2, §1807]

S. 3721 AH.R. 5316 BH.R. 5852 C
munications strategy
inistrator of theNo similar provisionNo similar provision
ergency Management Agency (FEMA),
h the Director for Emergency
munications, develop a National Emergency
munications Strategy to enhance interoperable
ergency capabilities. [Sec. 101, §553]
ents and reports
ents of federal, state andNo similar provisionSimilar to S. 3721, would require National
overnments to identify emergency needsEmergency Communications Report covering many
ent of interoperabilityaspects of communications and interoperability,
iki/CRS-RL33522ectives, evaluation of mobile communicationsincluding evaluation of mobile communications
g/w modeled on Army Signal Corps, and ancapability modeled on Army Signal Corps, and an
s.orentory of spectrum and other resources. Wouldinventory of spectrum and other resources. Unlike
leakress on progressS. 3721, would require recommendations for
://wikiade toward implementing subtitle goals.[Sec.expediting national voluntary consensus-basedequipment standards and solutions for deploying
httpemergency communications systems nationwide.
Would, within one year, require a report to
Congress on progress made toward implementing
subtitle goals. [Sec. 2, §1802 and §1803]
iew of federal emergencyNo similar provisionThe Secretary, acting through the Assistant
munications grant programs and establishmentDirector of Emergency Communications, would
ing funding, such as failurecoordinate grants and deny funding when
it statewide Interoperable Communicationsrequirement for Statewide Interoperable
Communications Plan is not met, and for other
reasons. [Sec. 2, §1804]

S. 3721 AH.R. 5316 BH.R. 5852 C
tional strategy and standards development
elopment of a NationalNo similar provisionWould establish in each regional office a Regional
munications Strategy that would includeEmergency Communications Coordination Group
national voluntary equipment standards,comprised of federal and non-federal officials to
solutions to achieving interoperabilityassess and report on development of
munications systems, assuring operations ofcommunication networks. [Sec.2, §1805]
s during disasters, and
proving dissemination of emergency alerts.
ilar provisionNo similar provisionWould state that it is the sense of Congress that a
Project 25 Compliance Assessment Program,
iki/CRS-RL33522discussed by SAFECOM and the National Instituteof Standards and Technology, be implemented as
g/wsoon as possible. [Sec. 4]
leak s
://wiki similar provisionNo similar provisionWould establish an Emergency Communications
httpPreparedness Center to provide coordinating
activities and to prepare the National Emergency
Communications Report. [Sec. 2, §1806]
similar provisionNo similar provisionWould clarify and expand responsibilities of Office
of Interoperability and Compatibility (OIC) by
requiring that the Director support creation of
voluntary consensus standards for interoperable
standards, establish requirements for emergency
communications capabilities, coordinate with
respect to SAFECOM program, among others.
[Sec. 3, §314]

S. 3721 AH.R. 5316 BH.R. 5852 C
nternational BorderNo similar provisionNo similar provision
munications Demonstration Project to address
munications needs along the
rs of the United States.
h (e)]
This table is based on sources cited. Linda K. Moore and Keith Bea, Congressional Research Service, contributed to the development of this table.
committee that would amend the Homeland Security Act of 2002 (P.L. 107-296, as amended), 6 U.S.C. 311 et seq.
.R. 5316 as reported from committee that would amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act (P.L. 93-288, as amended), 42 U.S.C.
iki/CRS-RL33522.R. 5852 as approved by the House and referred to the Senate Committee on Homeland Security and Governmental Affairs that would amend the Homeland Security
g/w296, as amended), 6 U.S.C. 311 et seq.
leakation on SAFECOM see CRS Report RL32594, Public Safety Communications Policy, by Linda K. Moore.