VLG Technical Bulletin 2010-4-8
KEY PROGRAMMATIC DIRECTORATES IN THE FEDERAL EMERGENCY MANAGEMENT AGENCY 1979-2003 (Ranked by Longevity)
Editor’s Note—[FEMA as a named statutory organization did not exist between March 1, 2003 and March 31, 2007 but the term Federal Emergency Management Agency was administratively authorized for use from August 2003 until October 2006 when FEMA was split into two Directorates under the so-called 2SR reorganization, a Preparedness Directorate led by an Under Secretary and a Federal Emergency Management Directorate led by an Under Secretary. Thus, Directorate status for the purpose of this list means an organizational unit headed by an ES 3-5 PAS confirmed by Senate, even though two Directorates never had a PAS confirmed to lead them. The position of the Director of FEMA [ES-II PAS] had been created by Reorganization Act No. 3 of 1978. The position of Administrator of FEMA [ES-II PAS] was created by the Post-Katrina Emergency Management Reform Act of 2006, Title VI of the DHS appropriation act [Public Law 109-295] entitled National Emergency Management with PKEMA as the popular title.
1. Federal Insurance Administration- 1979-2003 [The position of Federal Insurance Administrator was confirmed by the Senate Banking Committee] This position administered programs, functions, and activities authorized by 42 U.S.C. Sections 4001 et seq. The position of Federal Insurance Administrator was added by the Urban Property Protection Act of 1968. The position was abolished by the Homeland Security Act of 2002, effective March 1. 2003.
2. United States Fire Administration- 1984-2008*
[The position of Fire Administrator is subject to confirmation by the Senate Science Committee] This position administers programs, functions, and activities authorized by the Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. 2201 et seq.
* * Between March 1, 2003 and December 2006 when the applicable statute was reauthorized and enacted there was no US Fire Administrator. Now by PKEMA since March 31, 2007 there is an Assistant Administrator for Fire position confirmed by SENATE.
* Although abolished by the Homeland Security Act of 2002 the position of United States Fire Administrator was recreated by Public law 108-169 on December 6, 2003.
3. National Preparedness Directorate- 1981-1993
[This Associate Director, FEMA, position was subject to confirmation by the Senate Armed Services Committee] This position administered programs, functions, and activities authorized by E.O. 10480, E.O. 11490, E.O. 12656, E.O. 12919, and Section 404 of the National Security Act of 1947, as amended.
4. State and Local Preparedness and Support Directorate-1981-1993[Associate Director confirmed by the Senate Public Works Committee] This position primarily administered programs authorized by the Disaster Relief Act of 1974 (Pub. L. 93-288), the Federal Civil Defense Act of 1950 (Pub. L. 81-920), and the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Pub. L. 100-707).
5. Response and Recovery Directorate 1993-2003 [Associate Director confirmed by the Senate Environment and Public Works Committee] This position administered the authorities codified at 42 U.S.C. Sections 5121 et. Seq.
6. Preparedness, Training, Exercises Directorate- 1993-2001 [Associate Director confirmed by the Senate Environment and Public Works Committee] This position primarily administered all training authority under Federal Civil Defense Act and the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and those authorities together with the preparedness and exercise authorities under E.O. 12148, E.O. 12657, E.O. 12656 and other authority including the Radiological Preparedness Program and the Chemical Stockpile Emergency Preparedness Program.
7. Mitigation Directorate- 1993-2001 [Associate Director confirmed by the Senate Environment and Public Works Committee] This position administered provisions of the Earthquake Hazard Reduction Act of 1977 and the Dam Safety Program as well as other mitigation authorities.
8. Information Technology Services Directorate- 1994-2003 [Never headed by a PAS] This position administered various IT authorities including FEMA’s implementation of E.O. 12472 and the CIO authorities.
9. Emergency Operations Directorate-1981-1986 [Never headed by a PAS] This position administered certain classified and unclassified programs assigned to FEMA by Presidential delegation. It included authority under E.O. 12472 and the National Security Act of 1947, as amended.
10. Disaster Response and Recovery Directorate-1979-1981 [Associate Director confirmed by Senate Environment and Public Works Committee] This position administered provisions of the Disaster Relief Act of 1974 (Pub.L. 93-288).
11. Plans and Preparedness Directorate- 1979-1981 [Associate Director confirmed by Senate Armed Services Committee] This position administered provisions of the Federal Civil Defense Act of 1950 (Pub.L. 81-920) and certain authorities under EO’s 10480, 11490 and 12148.
12. Mitigation and Research Directorate- 1979-1981[Confirmed by
Senate Environment and Public Works Committee] This position administered provisions of the National Earthquake Reduction Act of 1977, and certain other authorities under delegation from the President.
13. United States Fire Administration- 1979-81 [Confirmed by Senate Science Committee] This position administered provisions of the Fire Prevention and Control Act of 1974, as amended. [See entry #2 previously].
14. Training and Fire Directorate- 1981-83 [Confirmed by Senate Science Committee] This position administered all training and fire authorities under the Federal Civil Defense Act of 1950, as amended and the Fire Prevention and Control Act of 1974, as amended.
15. Insurance and Mitigation Directorate- 2001-2003 [Confirmed by Senate Banking Committee] This position administered provisions of the National Flood Insurance Program (42 U.S.C. 4001 et. Seq.) and the National Earthquake Hazards Reduction Act of 1977, and the Dam Safety program under both statute and Executive Order.
16. Emergency Preparedness and Response Directorate [EP&R] (DHS) March 1, 2003-March 31, 2007 [Administratively renamed FEMA in August 2003 and under Chertoff 2SR split during October 2006, into Federal Emergency Directorate and Preparedness Directorate]. The latter Directorate was headed by an Under Secretary Confirmed by Senate Homeland Security and Governmental Affairs Committee***] It is unclear what provisions of law or Executive order continued to administered by this Directorate because of a failure to comply with published delegation requirements of the Federal Register Act of 1934 and the Administrative Procedure Act of 1947 during its existence. It also should be noted that effective March 31, 2007 when the Preparedness Directorate was recombined with the Federal Emergency Management Directorate to become the statutorily recreated Federal Emergency Management Directorate under PKEMA [Post-Katrina Emergency Management Reform Act of 2006—Title VI of the DHS FY 2007 Appropriations Act] certain functions of the Preparedness Directorate did not return to FEMA and became part of the newly created National Protection & Programs Directorate.
17. Federal Emergency Management Directorate-October 2006-March 31, 2007 [Confirmed by Senate Homeland Security and Governmental Affairs Committee] It is unclear what provisions of law or Executive order continued to be administered by this Directorate after October 2006 because of failure to comply with published delegation requirements of the Federal Register Act of 1934 and the Administrative Procedure Act of 1947 during it existence prior to re-establishment of a statutory entity known as FEMA by the Post-Katrina Emergency Management Reform Act of 2006.
*** Michael Brown was confirmed as Deputy Director of FEMA by the US Senate. He was later named Acting Director of FEMA until FEMA was abolished by the Homeland Security Act of 2002 made effective March 1, 2003. He was then named to the newly created position of Under Secretary Emergency Preparedness and Response in an Acting capacity. He was never confirmed by the U.S. Senate while in DHS in any position.
Attached as an appendix to this document is a list of authorities administered by FEMA on March 1, 2003 when it became part of DHS. Those marked with a double **** were specifically deleted from FEMA’s authorities by redelegation to the Secretary DHS and it is still (as of April 7, 2010 presently unknown as to whether official redelegation below the Secretary DHS to the Administrator FEMA has ever occurred. This continues to be a violation of the Federal Register Act and the Administrative Procedure Act. It should also be noted that although a statutory FEMA organization was created by the Post-Katrina Emergency Management Reform Act of 2006, that statute did not list programs, functions, activities or legal authorities of the re-established FEMA. Thus, from March 1, 2003 to March 30, 2007 no organization known as FEMA legally existed in the Executive Branch of the United States government either as an independent agency or as a sub-unit of the Department of Homeland Security.
FEDERAL EMERGENCY
MANAGEMENT AGENCY
INFORMAL CITATIONS FOR LEGAL AUTHORITIES
Statutes
Reorganization Plan No. 3 of 1978, 3 CFR 1978 Comp., p. 329, 5 U.S.C. App. 1, note. (Authority for FEMA) ****
Atomic Energy Act of 1954, as amended, 42 U.S.C. §2011 et seq. (Authority for Radiological Preparedness Program, See 44 CFR Parts 350-354) ****
Communications Act of 1934, as amended, 47 U.S.C. §151 et seq. (Authority for interoperable emergency communication systems-Federal, State, local, and private) See 47 CFR Parts 64 & 201) ****
Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), as further amended by Superfund Amendments and Reauthorization Act of 1986 (SARA), 42 U.S.C. §9615 et seq. (See 40 CFR Part 300) ****
Defense Production Act of 1950, as amended, 50 U.S.C. App. §2061, et seq. (See 15 CFR Part 700 and 44 CFR Parts 320--336) ****
Department of Defense Authorization Act for 1986, § 1412 (Public Law 99-145; 99 Stat.747), as amended by Public Law 101-510, both codified as 50 U.S.C. §1521 (Authority for CSEPP) ****
Department of Defense Authorization Act for 1997, Defense Against Weapons of Mass Destruction Act of 1996, Title XIV of Public Law 104-201. ****
Earthquake Hazards Reduction Act of 1977, as amended most recently by Public Law 105-47 (October 1, 1997), 42 U.S.C. §7701 et seq. (See 44 CFR Parts 361 & 362) ****
Emergency Planning and Community Right to Know Act of 1986, as amended, 42 U.S.C. §11001 et seq. (Authority for hazard materials planning and disclosure) ****
Federal Fire Prevention and Control Act of 1974, as further amended by the Hotel and Motel Fire Safety Act of 1990 (Public Law 101-391) and Arson Prevention Act of 1994 (Public Law 103-254) and Firefighters‘ Safety Study Act (Public Law 101-446) all codified at 15 U.S.C. §2201 et seq. (See 44 CFR Parts 150-152) ****
Great Lakes Planning Assistance Act of 1988, Title II of Public Law 100-707, 33 U.S.C. §426p.note. (See 44 CFR Part 207) ****
Hazardous Materials Transportation Act, as further amended by Hazardous Materials Transportation Uniform Safety Act of 1990, both codified at 49 U.S.C. §5101 et seq. (Hazardous materials planning and training) ****
Multihazard Research, Planning, and Mitigation Act, Public Law 96-472, 42 U.S.C. §5195 note. ****
National Dam Safety Program Act, 33 U.S.C. §467 et seq. as amended by Public Law 107-310, Dam Safety and Security Act of 2002
National Security Act of 1947, as amended, 50 U.S.C. §§ 404, 405 & 411 ****
Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, 42 U.S.C. §5121 et seq. (See 44 CFR Parts 206 & 300) ****
Stewart B. McKinney Homeless Assistance Act, as amended, 42 U.S.C. §11311 et seq. (Emergency food and shelter program) ****
National Flood Insurance Act of 1968, as further amended by Flood Disaster Protection Act of 1973, and National Flood Insurance Reform Act of 1994, all codified at 42 U.S.C. §4001 et seq. (See 44 CFR Parts 59-79) ****
Executive Orders
Executive Order 11988 of May 24, 1977, as amended, Floodplain Management, 3 CFR, 1977 Comp., p. 117, 42 U.S.C. §4321 note p.191. (See 44 CFR Part 9) ****
Executive Order 12127 of March 31, 1979, Federal Emergency Management Agency,
3CFR, 1979 Comp., p. 376. (Implements Reorg. Plan No. 3 of 1978) Like E.O. 12148 this order was repealed implicitly by the Homeland Security Act of 2002.
Executive Order 12148 of July 20, 1979, as amended, Federal emergency management, 3 CFR, 1979 Comp., p. 412. (Implements Reorg. Plan No. 3 of 1978) [Implicitly repealed by Homeland Security Act of 2002
Executive Order 12241 of September 29, 1980, National Contingency Plan [Radiological Emergencies], 3 CFR, 1980 Comp., p. 282. (Note-Source of FRERP). ****
Executive Order 12472 of April 3, 1984, Assignment of national security and emergency preparedness telecommunications functions, 3 CFR, 1984 Comp., p.193. (See 47 CFR Part 201) Editor’s note—This authority is not delegated to FEMA as of March 1, 2002. See Homeland Security Act of 2002 and discussion of NCS transfer to DHS. There is no question that the NCS [National Communications System] created by E.O. 12427 is now housed in the National Protection and Programs Director of DHS and NOT part of FEMA.
Executive Order 12580 of January 23, 1987, as amended, Superfund Implementation, 3 CFR, 1987 Comp., p. 193 (Note: Amended by E.O. 12777 of October 18, 1991, and further amended by E.O. 13016 of August 28, 1996). (See 40 CFR Part 300). ****
Executive Order 12656 of November 18, 1988, Assignment of Emergency Preparedness Responsibilities, 3 CFR, 1988 Comp., p. 585. (See 47 CFR Part 201) No delegation currently exists of this authority below the Secretary DHS. The amendment of this order has eliminated all FEMA direct delegations. Unknown as to whether any formal re-delegations under the order have been made to the Administrator FEMA.
Executive Order 12657 of November 18, 1988, Federal Emergency Management Agency Assistance in Emergency Preparedness Planning at Commercial Nuclear Power Plants, 3 CFR, 1988 Comp., p. 611. (See 44 CFR Part 352) **** [Note this order has not been revised since the formation of DHS and incorporation of FEMA. It relies in part on a repealed statute—Public Law 920 of the 81st Congress which created the federal civil defense program. That statute, as amended was repealed in 1994 by Public Law 103-337!
Executive Order 12673 of March 23, 1989, Delegation of Disaster Relief and Emergency Assistance Functions, 3 CFR, 1989 Comp., p. 309. (See 44 CFR Part 206) **** [This EO is void by operation of law as is EO 12127 and EO 12148]
Executive Order 12699 of January 5, 1990, Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction, 3 CFR, 1990 Comp., p. 269. ****
[Not amended since DHS created]
Executive Order 12919 of June 3, 1994, National Defense Industrial Resources Preparedness, 3 CFR, 1994 Comp., p. 901. (See 15 CFR Part 700, 44 CFR Parts 321-336) ****
Executive Order 12941 of December 1, 1994, Seismic Safety of Existing Federally Owned or Leased Building, 3 CFR, 1994 Comp. , p. 955.**** [Not amended since formation of DHS]
Conclusion:
The Federal Emergency Management Agency (FEMA) existed as an Independent Agency (created by Reorganization Plan No. 3 of 1978) with its Director reporting directly to the President from April 1, 1979 to March 1, 2003, at which time it was incorporated into the Department of Homeland Security created by Public Law 107-296, November 25, 2002.
There was no statutory organization chart for FEMA throughout its existence as an independent agency. The Directors of FEMA had complete authority to create and abolish organizational units in FEMA. Utilizing this authority, the various Directors created or reorganized the programmatic Directorates as shown above. The most significant reorganizations occurred in (1) September 1981- when the programs, functions, and activities authorized by the Federal Civil Defense Act, 81st Congress Law 920 were moved from the Plans and Preparedness Directorate (disestablished) to the State and Local Programs Support Directorate (established); and (2) November 1993- when an independent Mitigation Directorate was established. The Federal Civil Defense Act was in force from 1950-1994 but significant authority lapsed in 1974. Of the components in predecessor agencies that became part of FEMA, the Federal Civil Defense Agency (DOD) was the largest component by FTE (900-1000). Language similar to portions of the Federal Civil Defense Act were incorporated into the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 100-107 (November 1988) by Public Law 103-337 (November 1994).
Efforts to retain FEMA as an independent agency reporting to the President occurred both in Committee and the floor of the United States House of Representative but were defeated largely on a party-line vote. In the United States Senate efforts to do the same were defeated in Committee and the issue was never considered on the floor of the Senate. This was remedied in part by the creation of a “new” FEMA by PKEMA.
