NEMA PAST PRESIDENT TESTIFIES ON EMERGENCY RESPONDER PANEL FOCUSED ON INCIDENT COMMAND IN A DISASTER
NEMA Immediate Past-President Dave Liebersbach testified before the House Homeland Security Subcommittee on Emergency Preparedness and Response on Incident Command, Control, and Communications during Catastrophic Events on September 29, 2005. The panel's Chairman, Rep. Peter King (NY), recently moved to become full Committee Chairman after being named by the House Leadership. The new Subcommittee Chairman is Rep. Dave Reichert (WA) a former Sheriff from King County, WA.
SENATE PANEL APPROVES RELIEF BILL AND OTHER LEGISLATIVE CHANGES ADDRESSING HURRICANE KATRINA
While Capital Hill began to question how federal spending for Katrina would be offset, legislative changes to expand benefits to impacted states and victims continue in Committee consideration. Congress is moving at a fast pace in hearings on Katrina related issues. Further, legislation is moving very fast and being introduced by the minute. The Senate Homeland and Governmental Affairs approved legislation that had yet to be introduced to provide for Katrina relief that was being finalized as the mark-up began. The bill is specific to Hurricane Katrina and would waive the limitations in the Stafford Act for the cap on individual assistance, home repair and replacement; expand the number of weeks for disaster unemployment benefits from 26 to 39 weeks; allow communities (impacted and those assisting the evacuated to be reimbursed for the purchase of bulk supplies for victims; and rescinds the increase to $250,000 for micro purchasing for federal employees related to the disaster back to $2500. The bill also contains a provision to allow the President to waive the state match for individual assistance to 90 percent federal state by state for Hurricane Katrina, instead of the current 75 percent federal match. The changes in the Katrina relief bill would not be permanent and are limited to Hurricane Katrina.
Senator Frank Lautenberg (NJ) introduced an amendment similar to the Clinton bill to create an independent commission to look at Katrina response similar to the 9/11 Commission. The amendment failed in a party-line vote. Lautenberg also introduced an amendment to require all federally appointed FEMA officials to have at least five yeas experience in consequence management, and that amendment was withdrawn.
Additionally, the Committee approved legislation to create a Chief Financial Officer to oversee Hurricane Katrina relief spending (S. 1700) and another bill to create an inspector general position specific to Hurricane Katrina spending. The panel also approved S. 1725 to provide for increased interoperability through the creation of an Office for Emergency Communication and Coordination within DHS. S. 1625 would authorize a $3.3 billion grant program over five years for states, localities, and regions on interoperability projects. The bill also contains provisions to create a pilot project for testing of communications systems. Senator George Voinovich (OH) attached his Disaster Area Health and Environmental Monitoring Act to the bill, which contains provisions to create a program for protection, assessment and monitoring of the health and safety of emergency personnel, volunteers and workers. Voinovich's legislation also contains a provision to reauthorize the Predisaster Mitigation Grant Program (PDM) for another two years. NEMA supported Voinovich's bill when introduced in 2003. Also attached to this bill was a provision submitted by Senator Carl Levin (MI) that calls for DHS to mandate that states must gave detailed plans to address evacuation needs for special needs populations including senior citizens, disabled citizens, homeless, and poor populations. The provision initially came from legislation drafted by Senator Barack Obama (IL).
The panel also approved S. 939, as introduced by Senator Mel Martinez (FL) that would require FEMA to pay out claims faster and to also cover expenses related to debris removal from private property.
HOUSE SELECT COMMITTEE ON KATRINA MEETS
The House voted to create a Select Committee on Katrina Response, however Democratic members of the House opposed the plan and refused to participate, claiming the panel would not provide an independent review of the disaster and that it was too soon. The panel members were named including Chairman Tom Davis (VA), Jim Sensenbrenner (WI), Hal Rogers (KY), Sue Myrick (NC), Chris Shays (CT), Mac Thornberry (TX), Chip Pickering (MS), Bill Shuster (PA), Henry Bonilla (TX), and Steve Buyer (IN). Despite the pledge to not participate, two Democrats, Reps. Gene Taylor (MS) and Charlie Melancon (LA), from the impacted states attended and participated in the first meeting of the panel. The Committee heard testimony from Max Mayfield from the National Hurricane Center. The Committee is expected to hear testimony and question former FEMA Director Mike Brown on September 27, 2005. The Senate has said that the Senate Homeland Security and Governmental Affairs Committee would serve in the oversight capacity over Katrina.
JINDAL BILL INTRODUCED AND NEMA SUPPORTS KEY PROVISIONS ADDRESSING PRIORITIES
Rep. Bobby Jindal (LA), a freshman member from Louisiana, worked closely with NEMA to introduce the Disaster Recovery Act of 2005 (H.R. 3747). The bill includes three provisions supported by NEMA including a fix of the repair cap for individuals, a change to the formula for the Hazard Mitigation Grant Program to 15 percent, and a provision calling for FEMA to follow the law on administrative costs. The bill has been referred to the House Transportation and Infrastructure Committee and that Committee is writing their own legislation at this time and may include some of these provisions as well.
NO WORD ON DHS APPROPRIATIONS, SEPTEMBER 30th DEADLINE APPROACHES
With most of Congress' attention focused on hurricane response, activity has come to a halt on the DHS Appropriations bill for FY 2006. While the federal fiscal year ends on September 30, 2005, Congress will have to act to keep funding moving to DHS. Congressional staff report that changes in priority related to Hurricane Katrina and the Second Stage Review for DHS are issues that are complicating matters. If resolution is not reached by the end of the fiscal year, a continuing resolution is likely.
HOUSE AND SENATE PASS KATRINA TAX RELIEF PACKAGES
The House passed a $5.28 billion package of tax breaks for victims of Hurricane Katrina, as the Senate passed its own, slightly different tax bill. The House package would allow hurricane victims to borrow money tax-free from their retirement savings, as long as it was repaid within three years. The Senate package would apply that provision more broadly, to all those living in presidentially declared disaster zones. The House bill would make the "work opportunity" tax credit, a tax break for employers of workers receiving welfare benefits or food stamps, available for two years to employers in disaster zones who hire workers displaced by Katrina. The bill is expected to be reconciled very quickly.
CONGRESS APPROVES TWO SUPPLEMENTAL PACKAGES, THIRD LIKELY
Congress returned to Washington, D.C. earlier than expected last week to approve a $10.5 billion emergency supplemental package related to Hurricane Katrina relief. In the first package, $10 billion is dedicated to the disaster relief fund and $500 million is directed to the Department of Defense for emergency hurricane expenses. The second supplemental was approved last night, and $51.8 billion in aid will likely be signed into law later today. The second package includes: $1.4 billion for Department of Defense Military Operation and Maintenance emergency hurricane expenses, $200 million for the Department of Defense Corp of Engineers for repair of authorized projects, $200 million for flood control and hurricane shore projects related to Hurricane Katrina, and $50 billion for the Department of Homeland Security. The DHS funding specifically marked $100 million for public health programs in EP&R and $15 million for the Office of the Inspector General investigation of response and recovery activities, with the remainder for the disaster relief fund.
A third package is likely to also be prepared by Congress to look at unmet needs across the scope of federal agencies and perhaps the needs of states aiding in sheltering evacuated victims. Currently, the DHS Appropriations bill for FY 2006 is on hold until the crisis subsides. (September 9, 2005)
CONGRESS CALLS FOR PANEL ON HURRICANE KATRINA RESPONSE OVERSIGHT
The Congressional leadership announced the formation of a Select Committee on Hurricane Katrina response this week. The panel is intended to be bi-partisan and bi-cameral and would be lead by Senator Susan Collins (R-ME). However, minority leaders in Congress called the Committee a "white wash" and pushed for a separate Commission on Katrina response, similar to the 9/11 Commission. In the Senate, Senator Hilary Rodham Clinton (D-NY) introduced legislation (S. 1622) to create such a Commission this week. The legislation has been referred to the Senate Homeland Security and Governmental Affairs Committee.
Next week, hearings will begin in the Senate. The Senate Commerce, Science, and Transportation Subcommittee on Disaster Prevention and Prediction will be looking at the role of the National Weather Service and Emergency Management to provide warnings prior to an event. The Senate Homeland Security and Governmental Affairs Committee will be looking at ideas for long-term recovery needs and Dr. Dick Andrews, former NEMA President and California State Emergency Management Director has been asked to testify about his experience with large disasters such as the California earthquakes. The House will hold off on hearings until the immediate emergency response phase has ended. (September 9, 1005)
CALLS FOR FEMA TO REORGANIZE ABUNDANT ON CAPITAL HILL, SOME BILLS MOVE TO ADDRESS FASTER AID
At least 5 bills were introduced this week calling for removing FEMA from DHS. Additionally, legislation has also been introduced to set criteria for personnel at the Emergency Preparedness and Response Directorate. More bills are expected as well. The Congressional leadership has given priority to bills that address disaster aid on the floor and the following bills have been approved:
? In the Senate, H.R. 804, which would exclude mitigation grants in the inclusion of federal formulas for other federal assistance such as Medicaid and food stamps. This bill will now be passed to the President for signature;
? The House approved H.R. 3169, which would give the Secretary of Education with waiver authority for students who are eligible for Pell Grants who are adversely affected by a natural disaster. The bill is headed to the Senate for consideration;
? The House approved H.R. 3560, which would allow United States courts to conduct business during emergency conditions. The bill was referred to the Senate;
? The House also approved H.R.3668 and would give the Secretary of Education waiver authority for students who are eligible for Federal student grant assistance who are adversely affected by a major disaster;
? The House approved H.R. 3669 to temporarily increase the borrowing authority of FEMA for carrying out the national flood insurance program. The bill is now being considered by the Senate;
? The House also approved H.R. 3672 to provide assistance to families affected by Hurricane Katrina through block grants to States for temporary assistance for needy families. This bill has also been sent to the Senate for consideration; and
? The Senate's consideration of the Commerce, State, Justice, Judiciary bill yielded amendments adding $34 million in legal aid for victims of Katrina and increased funding for the National Hurricane Center.
Additionally, over 30 other pieces of legislation dealing with Hurricane Katrina relief have also been introduced. (September 9, 2005)
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New NEMA Comprehensive Legislative Bill List as of August 2005 is available here.
U.S. Secretary Chertoff announces his proposed DHS reorganization. Click here to learn more about the restructuring.
U.S. Senate passes two important amendments affecting the Emergency Management Performance Grant Program (EMPG) and the homeland security grants. To read more, click here. _______________________________________________________________________
YOUNG TAKES OVER AS INTERIM CHAIRMAN OF HOUSE HOMELAND SECURITY COMMITTEE
Don Young (R-AK) has been named interim Chairman of the House Committee on Homeland Security, as Christopher Cox departed for his new position as Chairman of the Securities and Exchange Commission this week. Young is also the Chairman of the House Transportation and Infrastructure Committee, which recently completed work on the overhaul of the transportation reauthorization bill that the President is expected to sign next week. House rules forbid a Committee Chairman from serving as Chair of two panels, so a decision on who will serve as Chairman will likely be made by the House Leadership as soon as the Congress returns from August recess. Trade press are reporting that Rep. Mac Thornberry (R-TX), who served on the House Select Committee on Homeland Security, could be brought back to the panel to serve as Chairman. Other interest has been expressed by Reps. Curt Weldon (R-PA) and Peter King (R-NY). (August 5, 2005)
HOMELAND SECURITY GRANTS LEGISLATION HAS TWO LIKELY VEHICLES
As reported two weeks ago, the Homeland Security appropriations debate in the Senate yielded the addition of S. 21 to the final appropriations bill. In the House, consideration of the Patriot Act reauthorization included an amendment by Reps. Sweeney (R-NY) and Lowey (D-NY) that added the House's version of the grants reform bill (H.R. 1544) to the legislation as well. With Chairman Chris Cox's nomination for the Securities and Exchange Commission likely to get Senate consideration soon, Committee staff is working to negotiate a formula across House and Senate lines on the grants reform legislation so it may be included in the appropriations conference or the Patriot Act conference. Chairman Cox's nomination was approved by the Senate Banking, Housing, and Urban Affairs Committee yesterday and may be considered by the full Senate before recess later today.
(July 29, 2005)
SENATE PANEL APPROVES LEGISLATION ON FLOOD GRANTS EXEMPTION AS INCOME
A House passed bill (H.R. 804) to clarify that flood mitigation grants should not be treated as income when federal agencies assess recipients' eligibility for other aid was approved by the Senate Banking, Housing, and Urban Affairs Committee yesterday. The legislation was introduced by Rep. Richard Baker (R-LA) and is aimed at protecting eligibility for federal grant programs like food stamps and Medicaid, while continuing to allow people to take advantage of mitigation grants. The legislation is likely headed to the Senate floor after the recess.
(July 29, 2005)
INFORMAL APPROPRIATIONS CONFERENCE BEGIN, REORG PLAN COULD DELAY PROGRESS BEFORE RECESS
Staff level discussions to look at the issues that will be discussed during the Conference Committee for the Department of Homeland Security FY 06 budget have begun. Yet, conferees have not yet been named in the House. Further, the proposed reorganization plan for DHS could complicate matters, because funding may have to be shifted around to reflect the proposed Preparedness Directorate and other proposed changes. Originally, appropriators were hoping to finalize the Conference Report before the August recess, which begins on August 1st. One option now may be to attach changes to the Department to the appropriations bill. No matter when the conference occurs, one of the biggest issues will be the formula for first responder grants. The authorizing Committee staff for homeland security grants intend to work in side-bar discussions to get agreement on homeland security grant reform and may attach it to the final Conference report if an agreement is reached.
Senator George Voinovich is circulating a letter to call for the inclusion of the Senate approved $190 million amount for EMPG in the conference report. The letter is likely to be sent by the end of the day today and currently the following Senators have agreed to sign the letter: Collins (ME), Baucus (MT), DeWine (OH), Obama (IL), Feingold (WI), Harkin (IO), Roberts (KS), Rockefeller (WV), Kennedy (MA), Kohl (WI), Bingaman (NM), Corzine (NJ), Martinez (FL), Lieberman (CT), and Cantwell (WA).
CONGRESS MULLS APPROACH ON HOMELAND SECURITY REORGANIZATION LEGISLATION
Members of Congress and staff have begun to plot a strategy on how to address the proposed changes to the Department of Homeland Security reorganization. Congress has 60 days to respond. The Senate will likely draft an authorization bill for the Department in August and introduce and consider the legislation in September through the traditional authorizing Committee, the Senate Homeland Security and Governmental Affairs Committee. The House is in discussions led by leadership to move a bill directly to the floor, without Committee consideration - even as soon as before the August recess. The major part of the legislation that impacts emergency management would be deleting the Emergency Preparedness and Response Directorate from the DHS creation law and providing language formally making FEMA a separate entity within DHS.
HOUSE TRANSPORTATION SUBCOMMITTEE APPROVES TWO BILLS ADDRESSING STAFFORD ACT
The House Transportation and Infrastructure Subcommittee on Economic Development, Public Buildings and Emergency Management approved two bills last week that propose to change the Stafford Act. H.R. 3208, which was introduced by Rep. Bobby Jindal (R-LA), would clarify that private not-for-profit religious institutions would be eligible for disaster assistance. A Justice Department ruling earlier this year clarified the intent, but the legislation would codify it further. The bill includes language stating inclusion of "temporary or permanent custodial care facilities including those for the aged and disabled". The Jindal bill is expected to move before the House before the August recess.
The other bill is H.R. 2338, which was introduced by Rep. Barbara Cubin (R-WY) and would create a Small State Advocate within FEMA. The legislation calls for a report on disaster declaration regulations for states with populations of less than 1 million and sliding scale formulas.
(July 22, 2005)
VOINOVICH EMPG AMENDMENT APPROVED BY SENATE
The Senate approved by unanimous consent an amendment to the DHS appropriations bill that would provide an additional $10 million to the Emergency Management Performance Grant Program. Also approved earlier this week was the Collins/Lieberman amendment that would change the funding allocation formula for homeland security grants to 0.55 percent for all states with additional amounts based on population and risk. The Senate approved the appropriations bill yesterday. Thanks to all state directors who made phone calls to their Senators urging them to support the EMPG amendment! The bill now goes to conference.
(July 15, 2005)
HOUSE EXPECTED TO PASS MEASURE EXCLUDING FLOOD INSURACE GRANTS AS INCOME
The House passed legislation HR805 that would exclude National Flood Insurance Program grants from being considered as income by federal agencies other than the IRS. Members of Congress are concerned that under current law, people may be refusing to accept flood insurance grants out of fear they could lose eligibility for federal programs such as good stamps and Pell grants. The Senate Banking Committee is now reviewing the legislation. Earlier this year, President Bush signed into law legislation that reversed an IRS decision that required disaster mitigation payments be counted as income.
(July 15, 2005)
DHS SECOND STAGE REVIEW/REORGANIZATION ANNOUNCED
On July 13, 2005 DHS Secretary Michael Chertoff announced the results of his second stage review. All of the information available at this time has been provided to State Directors via e-mail. Some of the reorganization highlights of importance to NEMA include:
Establishment of a new Preparedness Directorate which consolidates all preparedness functions across the agency, including those programs residing within FEMA. Note: we know for sure that Bioshield, REP and CSEPP will transfer to Preparedness along with the Fire Academy. The NIMS Integration Center and EMI stays with FEMA.
FEMA becomes a stand alone agency, reporting to the Secretary, and focused on a response and recovery mission.
The Office of State and Local Government Coordination & Preparedness is split ??? the Office for Domestic Preparedness will be housed under the Preparedness Directorate under an Assistant Secretary
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