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[House Report 109-519]
[From the U.S. Government Publishing Office]

109th Congress                                            Rept. 109-519
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 2

======================================================================

 
                          RESPOND ACT OF 2006

                                _______
                                

                December 8, 2006.--Ordered to be printed

                                _______
                                

     Mr. Young of Alaska, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                        [To accompany H.R. 5316]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 5316) to reestablish the Federal 
Emergency Management Agency as a cabinet-level independent 
establishment in the executive branch that is responsible for 
the Nation's preparedness for, response to, recovery from, and 
mitigation against disasters, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Restoring Emergency 
Services to Protect Our Nation From Disasters Act of 2006'' or the 
``RESPOND Act of 2006''.
  (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.

 TITLE I--ESTABLISHMENT OF AN INDEPENDENT FEDERAL EMERGENCY MANAGEMENT 
                                 AGENCY

            Subtitle A--Federal Emergency Management Agency

Sec. 101. Establishment of Agency.
Sec. 102. Responsibilities.
Sec. 103. Director; Deputy Director.
Sec. 104. Office of the Inspector General.
Sec. 105. Transfer of functions.
Sec. 106. Personnel and other transfers.
Sec. 107. Savings provisions.
Sec. 108. Conforming and technical amendments.

       Subtitle B--Federal Emergency Management Agency Personnel

Sec. 121. Workforce development.

    TITLE II--STRENGTHENING THE FEDERAL EMERGENCY MANAGEMENT AGENCY

Sec. 201. Catastrophic planning program.
Sec. 202. Emergency response teams.
Sec. 203. Emergency operations centers.
Sec. 204. Logistics.
Sec. 205. Prepositioned equipment program.
Sec. 206. Communications.
Sec. 207. Emergency equipment assistance.
Sec. 208. Oversight and accountability of Federal disaster 
expenditures.
Sec. 209. Nondiscrimination in disaster assistance with respect to 
English proficiency.

         TITLE III--COMPREHENSIVE EMERGENCY PREPAREDNESS SYSTEM

Sec. 301. National emergency preparedness.
Sec. 302. Emergency management assistance compact grants.

SEC. 2. FINDINGS.

  Congress finds the following:
          (1) Hurricane Katrina struck the Gulf Coast on the morning of 
        August 29, 2005, with a ferocity that left more than 1,300 
        individuals dead and altered the physical and social landscape 
        of the region for years to come.
          (2) Failures at all levels of government significantly 
        undermined and detracted from the heroic efforts of emergency 
        responders, private individuals and organizations, faith-based 
        groups, and others who struggled to assist the people of the 
        Gulf Coast.
          (3) Hurricane Katrina revealed that the Nation, in general, 
        and the Department of Homeland Security, in particular, are 
        unprepared for a major natural disaster, accident, or terrorist 
        attack.
          (4) Multiple investigations, including those by the select 
        committee to investigate the preparation for and response to 
        Hurricane Katrina of the House of Representatives, the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate, the General Accountability Office, the Inspector 
        General of the Department of Homeland Security, and the 
        Homeland Security Council established by the President, 
        identified the magnitude of the storm, failures of leadership, 
        and a flawed disaster management system at all levels of 
        government as reasons for the inadequate government response.
          (5) The creation of the Department of Homeland Security 
        placed an additional layer of management and response authority 
        between the President and the Federal Emergency Management 
        Agency (in this section referred to as ``FEMA''), marginalizing 
        the authority of the Director of FEMA.
          (6) During the response to Hurricane Katrina, the Department 
        of Homeland Security executed important elements of the 
        National Response Plan late, ineffectively, or not at all.
          (7) The competing priorities of the terrorism prevention 
        mission of the Department of Homeland Security and the disaster 
        management mission of FEMA significantly contributed to the 
        rapid decline of FEMA's capability to coordinate the Federal 
        response to Hurricane Katrina.
          (8) The transfer of FEMA's preparedness grants and functions 
        to other entities of the Department of Homeland Security, 
        FEMA's tremendous loss of experienced professional personnel, 
        and the reduction of FEMA's funding for equipment, training, 
        and exercises made FEMA's inadequate performance in the face of 
        a disaster the size of Hurricane Katrina all but inevitable.
          (9) While some Federal departments and agencies, such as the 
        Coast Guard, performed admirably, others were inadequately 
        prepared for Hurricane Katrina and executed their 
        responsibilities under the National Response Plan poorly.
          (10) The preparedness level and capabilities of State and 
        local governments to respond to Hurricane Katrina varied 
        tremendously. Some responded effectively while others struggled 
        to evacuate their populations or conduct effective response 
        operations.
          (11) The Federal Government has spent more than 
        $15,000,000,000 on first responder grants since 2001, but the 
        Nation's core emergency management capabilities have improved 
        little and even declined in some important respects. Federal 
        homeland security grant programs inadvertently divided what was 
        once a single, all-hazards preparedness system into 2 
        artificially separate preparedness categories of terrorism and 
        other disasters.
          (12) Comprehensive reform of the Nation's emergency 
        management system is necessary to address the dangers presented 
        by major disasters and emergencies of all kinds.
          (13) The Nation's emergency management system is based on the 
        following general principles:
                  (A) Incidents are best managed by the level of 
                government closest to the incident.
                  (B) Federal assistance is provided in support of 
                State governments.
                  (C) Military assistance is provided in support of 
                civil authorities.
          (14) Large disasters require presidential involvement to lead 
        the Federal response and mobilize the assets of the entire 
        Federal Government, particularly Department of Defense 
        assistance, and the President needs solid professional advice 
        in preparing for and responding to a disaster to make the right 
        decisions.
          (15) Preparing for and responding to disasters, regardless of 
        the cause, must be the top priority of the organization 
        responsible for disaster management.
          (16) The coordination of preparedness and planning to reduce 
        the consequences of all hazards, including terrorism, is and 
        has always been part of FEMA's primary mission.
          (17) FEMA should be reestablished as an independent cabinet-
        level agency to coordinate the Federal response on behalf of 
        the President and to lead the Nation's efforts to improve the 
        Nation's all-hazards emergency management system.
          (18) Establishing FEMA as an independent agency will enable 
        the Department of Homeland Security to refocus efforts on 
        preventing terrorism and free FEMA from internal competition 
        with the terrorism prevention entities of the Department for 
        resources and personnel.
          (19) The 4 elements of comprehensive emergency management 
        (preparedness, response, recovery, and mitigation) must be 
        closely integrated and managed within FEMA.
          (20) FEMA's assets and capabilities to coordinate the Federal 
        response to a catastrophic disaster must be restored and 
        enhanced. In particular, FEMA's professional workforce and its 
        incident command, communications, and logistics capabilities 
        must be improved.
          (21) The tension between the Nation's all hazards emergency 
        management system and terrorism preparedness must be resolved. 
        An all-hazards approach fully addresses terrorism, but 
        preparing for terrorism alone does not address all aspects of 
        the other hazards.
          (22) Governments at all levels have historically analyzed 
        past disaster responses by participating in lessons-learned 
        exercises, yet too often have failed to act upon 
        recommendations necessary to produce a more effective and 
        efficient response to future disasters.
          (23) Congress should ensure the establishment of an all-
        hazards, comprehensive national emergency preparedness goal and 
        system that will--
                  (A) ensure a consistent approach to domestic incident 
                management;
                  (B) establish target capabilities that each level of 
                government should possess or to which it should have 
                access;
                  (C) direct resources to filling capability gaps and 
                regularly assess the Nation's preparedness level; and
                  (D) ensure that lessons learned and best practices 
                are fully incorporated into the further development of 
                the emergency preparedness system.

SEC. 3. DEFINITIONS.

  (a) In General.--In this Act, the following definitions apply:
          (1) Agency.--The term ``Agency'' means the Federal Emergency 
        Management Agency established under section 101.
          (2) Director.--The term ``Director'' means the Director of 
        the Federal Emergency Management Agency appointed under section 
        103.
          (3) Emergency.--The term ``emergency'' has the meaning given 
        that term in section 102 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5122).
          (4) Emergency preparedness.--The term ``emergency 
        preparedness'' has the meaning given that term in section 
        602(a) of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5195a(a)).
          (5) Hazard.--The term ``hazard'' has the meaning given that 
        term in section 602(a) of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5195a(a)).
          (6) Local government.--The term ``local government'' has the 
        meaning given that term in section 102 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5122).
          (7) Major disaster.--The term ``major disaster'' has the 
        meaning given that term in section 102 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5122).
          (8) Mission assignment.--The term ``mission assignment'' 
        means a work order issued to a Federal agency by the Federal 
        Emergency Management Agency, directing completion by that 
        agency of a specified task and setting forth funding, other 
        managerial controls, and guidance.
          (9) State.--The term ``State'' has the meaning given that 
        term in section 102 of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5122).

 TITLE I--ESTABLISHMENT OF AN INDEPENDENT FEDERAL EMERGENCY MANAGEMENT 
                                 AGENCY

            Subtitle A--Federal Emergency Management Agency

SEC. 101. ESTABLISHMENT OF AGENCY.

  (a) Independent Establishment.--The Federal Emergency Management 
Agency is established as a cabinet-level independent establishment in 
the executive branch.
  (b) Mission.--The primary mission of the Agency is to reduce the loss 
of life and property from all hazards, including major disasters, acts 
of terrorism, and other emergencies, by leading and supporting the 
Nation in a risk-based, comprehensive, emergency management system of 
preparedness, response, recovery, and mitigation.

SEC. 102. RESPONSIBILITIES.

  (a) In General.--The responsibilities of the Agency include the 
following:
          (1) All functions and authorities prescribed by the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5121 et seq.).
          (2) Carrying out its mission to reduce the loss of life and 
        property from all hazards, including major disasters, acts of 
        terrorism, and other emergencies, by leading and supporting the 
        Nation in a risk-based, comprehensive emergency management 
        system of--
                  (A) preparedness, by leading and coordinating the 
                effort to build Federal, State, and local emergency 
                management capabilities and readiness to effectively 
                respond to, recover from, and mitigate against all 
                hazards;
                  (B) response, by leading and coordinating emergency 
                operations to save lives, protect property, and meet 
                basic human needs;
                  (C) recovery, by rebuilding communities so 
                individuals, businesses, and governments can function 
                on their own, return to normal life, and protect 
                against future hazards;
                  (D) mitigation, by taking sustained actions to reduce 
                or eliminate long-term risk to people and property from 
                hazards and their effects; and
                  (E) increased efficiencies, by coordinating efforts 
                relating to preparedness, response, recovery, and 
                mitigation.
          (3) Preparing and implementing the Federal Government's plans 
        and programs for--
                  (A) continuity of operations;
                  (B) continuity of Government; and
                  (C) continuity of plans.
  (b) National Response Plan.--
          (1) Role of fema.--Notwithstanding any other provision of 
        law, the Agency shall be the lead agency for the National 
        Response Plan.
          (2) Revision of response plan.--Not later than 30 days after 
        the date of enactment of this Act, the Director shall revise 
        the National Response Plan to reflect the establishment of and 
        incorporate the Agency as an independent establishment under 
        this Act.

SEC. 103. DIRECTOR; DEPUTY DIRECTOR.

  (a) Director.--
          (1) In general.--The Agency shall be headed by a Director, 
        who shall be appointed by the President, by and with the advice 
        and consent of the Senate, and who shall report directly to the 
        President. The Director shall be compensated at the rate 
        provided for at level I of the Executive Schedule under section 
        5312 of title 5, United States Code.
          (2) Qualifications.--The Director shall be appointed from 
        among individuals who have extensive experience in emergency 
        preparedness, response, recovery, and mitigation for all 
        hazards, including major disasters, acts of terrorism, and 
        other emergencies.
          (3) Term of office.--The term of office of an individual 
        appointed as the Director shall be 5 years. Such individual may 
        be appointed in accordance with paragraph (1) for an additional 
        term of 5 years.
          (4) Conforming amendment.--Section 5312 of title 5, United 
        States Code, is amended by adding at the end the following:
        ``Director of the Federal Emergency Management Agency.''.
  (b) Deputy Director.--
          (1) In general.--The Agency shall have one Deputy Director 
        appointed in the competitive service by the Director.
          (2) Qualifications.--The Deputy Director shall be appointed 
        from among individuals who have extensive experience in 
        emergency preparedness, response, recovery, and mitigation for 
        all hazards, including major disasters, acts of terrorism, and 
        other emergencies.
          (3) Duties.--The Deputy Director shall--
                  (A) carry out duties and powers prescribed by the 
                Director; and
                  (B) act for the Director when the Director is absent 
                or unable to serve or when the position of the Director 
                is vacant.

SEC. 104. OFFICE OF THE INSPECTOR GENERAL.

  The Agency shall have an office of the Inspector General, headed by 
an Inspector General, in accordance with the Inspector General Act of 
1978 (Public Law 95-452; 5 U.S.C. App.).

SEC. 105. TRANSFER OF FUNCTIONS.

  (a) In General.--There shall be transferred to the Director--
          (1) the functions of the Department of Homeland Security 
        relating to the Federal Emergency Management Agency, including 
        the functions of the Department under sections 430(c)(3), 
        430(c)(8), 502 (other than paragraph (2)), and 503(1) of the 
        Homeland Security Act of 2002 (6 U.S.C. 238(c)(3), 238(c)(8), 
        312, 313(1));
          (2) other functions of the Directorate for Preparedness of 
        the Department (other than those functions relating to law 
        enforcement efforts to prevent and deter acts of terrorism, 
        protect critical infrastructure, and conduct intelligence 
        activities); and
          (3) the functions relating to the Agency under any other law, 
        including--
                  (A) the National Flood Insurance Act of 1968 (42 
                U.S.C. 4001 et seq.);
                  (B) the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5121 et seq.);
                  (C) the Earthquake Hazards Reduction Act of 1977 (42 
                U.S.C. 7701 et seq.);
                  (D) the National Dam Safety Program Act (33 U.S.C. 
                467 et seq.);
                  (E) the Federal Fire Prevention and Control Act of 
                1974 (15 U.S.C. 2201 et seq.); and
                  (F) Reorganization Plan No. 3 of 1978 (5 U.S.C. 
                App.).
  (b) Transition Period.--The transfers under this section shall be 
carried not later than February 1, 2007. During the transition period, 
the Secretary of Homeland Security shall provide to the Director such 
assistance, including the use of personnel and assets, as the Director 
may request in preparing for the transfer.
  (c) Transition.--The Director may use--
          (1) the services of such officers, employees, and other 
        personnel of the Agency with respect to functions transferred 
        by this section; and
          (2) funds appropriated to such functions for such period of 
        time as may reasonably be needed to facilitate the orderly 
        implementation of this section.
  (d) Liaison Office to Ensure Coordination With the Department of 
Homeland Security.--The Director shall establish a liaison office 
within the Agency to ensure adequate coordination with the Department 
of Homeland Security during an actual or potential terrorist incident.

SEC. 106. PERSONNEL AND OTHER TRANSFERS.

  (a) Personnel Provisions.--
          (1) Appointments.--The Director may appoint and fix the 
        compensation of such officers and employees, including 
        investigators, attorneys, and administrative law judges, as may 
        be necessary to carry out the respective functions transferred 
        under section 105. Except as otherwise provided by law, such 
        officers and employees shall be appointed in accordance with 
        the civil service laws and their compensation fixed in 
        accordance with title 5, United States Code.
          (2) Experts and consultants.--The Director may obtain the 
        services of experts and consultants in accordance with section 
        3109 of title 5, United States Code, and compensate such 
        experts and consultants for each day (including traveltime) 
        during which they are engaged in the actual performance of such 
        services at rates not in excess of the rate of pay for level IV 
        of the Executive Schedule under section 5315 of such title. The 
        Director may pay experts and consultants who are serving away 
        from their homes or regular place of business, travel expenses 
        and per diem in lieu of subsistence at rates authorized by 
        sections 5702 and 5703 of such title for persons in Government 
        service employed intermittently.
  (b) Delegation and Assignment.--Except where otherwise expressly 
prohibited by law or otherwise provided by this title, the Director may 
delegate any of the functions transferred to the Director by section 
105 and any function transferred or granted to the Director after the 
date of the transfers by section 105 to such officers and employees of 
the Agency as the Director may designate and may authorize successive 
redelegations of such functions as may be necessary or appropriate. No 
delegation of functions by the Director under this subsection or under 
any other provision of this title shall relieve the Director of 
responsibility for the administration of such functions.
  (c) Reorganization.--The Director may allocate or reallocate any 
function transferred under section 105 among the officers of the 
Agency, and may establish, consolidate, alter, or discontinue such 
organizational entities in the Agency as may be necessary or 
appropriate if the Director, on or before the 30th day preceding the 
date of the allocation or reallocation, provides to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Homeland Security and Governmental Affairs of the 
Senate written notice of the allocation or reallocation.
  (d) Rules.--The Director may prescribe, in accordance with the 
provisions of chapters 5 and 6 of title 5, United States Code, such 
rules and regulations as the Director determines necessary or 
appropriate to administer and manage the functions of the Agency.
  (e) Transfer and Allocations of Appropriations and Personnel.--Except 
as otherwise provided in this title, the personnel employed in 
connection with, and the assets, liabilities, contracts, property, 
records, and unexpended balances of appropriations, authorizations, 
allocations, and other funds employed, used, held, arising from, 
available to, or to be made available in connection with the functions 
transferred by section 105, subject to section 1531 of title 31, United 
States Code, shall be transferred to the Agency. Unexpended funds 
transferred pursuant to this subsection shall be used only for the 
purposes for which the funds were originally authorized and 
appropriated.
  (f) Incidental Transfers.--The Director of the Office of Management 
and Budget, in consultation with the Director, may make such 
determinations as may be necessary with regard to the functions 
transferred by section 105, and may make such additional incidental 
dispositions of personnel, assets, liabilities, grants, contracts, 
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 such 
functions, as may be necessary to carry out the provisions of this 
title. The Director of the Office of Management and Budget shall 
provide for the termination of the affairs of all entities terminated 
by this title and for such further measures and dispositions as may be 
necessary to effectuate the purposes of this title.
  (g) Effect on Personnel.--
          (1) In general.--Except as otherwise provided by this title, 
        the transfer pursuant to this title of full-time personnel 
        (except special Government employees) and part-time personnel 
        holding permanent positions shall not cause any such employee 
        to be separated or reduced in grade or compensation for one 
        year after the date of transfer of such employee under this 
        title.
          (2) Executive schedule positions.--Except as otherwise 
        provided in this title, any person who, on the day preceding 
        the date of the transfers of functions under section 105, held 
        a position compensated in accordance with the Executive 
        Schedule prescribed in chapter 53 of title 5, United States 
        Code, and who, without a break in service, is appointed in the 
        Agency to a position having duties comparable to the duties 
        performed immediately preceding such appointment shall continue 
        to be compensated in such new position at not less than the 
        rate provided for such previous position, for the duration of 
        the service of such person in such new position.

SEC. 107. SAVINGS PROVISIONS.

  (a) Savings Provisions.--
          (1) Continuing effect of legal documents.--All orders, 
        determinations, rules, regulations, permits, agreements, 
        grants, contracts, certificates, licenses, registrations, 
        privileges, and other administrative actions--
                  (A) which have been issued, made, granted, or allowed 
                to become effective by the President, any Federal 
                agency or official thereof, or by a court of competent 
                jurisdiction, in the performance of functions that are 
                transferred under section 105; and
                  (B) which are in effect on the date of the transfers 
                of functions under section 105, or were final before 
                such date and are to become effective on or after such 
                date, shall continue in effect according to their terms 
                until modified, terminated, superseded, set aside, or 
                revoked in accordance with law by the President, the 
                Director, or other authorized official, a court of 
                competent jurisdiction, or by operation of law.
          (2) Proceedings not affected.--The provisions of this title 
        shall not affect any proceedings, including notices of proposed 
        rulemaking, or any application for any license, permit, 
        certificate, or financial assistance pending before the Agency 
        on the date of the transfers of functions under section 105, 
        with respect to functions transferred by section 105 but such 
        proceedings and applications shall continue. Orders shall be 
        issued in such proceedings, appeals shall be taken therefrom, 
        and payments shall be made pursuant to such orders, as if this 
        title had not been enacted, and orders issued in any such 
        proceedings shall continue in effect until modified, 
        terminated, superseded, or revoked by a duly authorized 
        official, by a court of competent jurisdiction, or by operation 
        of law. Nothing in this paragraph shall be deemed to prohibit 
        the discontinuance or modification of any such proceeding under 
        the same terms and conditions and to the same extent that such 
        proceeding could have been discontinued or modified if this 
        title had not been enacted.
          (3) Suits not affected.--The provisions of this title shall 
        not affect suits commenced before the date of the transfers of 
        functions under section 105, and in all such suits, proceedings 
        shall be had, appeals taken, and judgments rendered in the same 
        manner and with the same effect as if this title had not been 
        enacted.
          (4) Nonabatement of actions.--No suit, action, or other 
        proceeding commenced by or against the Agency, or by or against 
        any individual in the official capacity of such individual as 
        an officer of the Agency, shall abate by reason of the 
        enactment of this title.
          (5) Administrative actions relating to promulgation of 
        regulations.--Any administrative action relating to the 
        preparation or promulgation of a regulation by the Agency 
        relating to a function transferred under section 105 may be 
        continued by the Agency with the same effect as if this title 
        had not been enacted.
  (b) References.--Any reference in any other Federal law, Executive 
order, rule, regulation, or delegation of authority, or any document of 
or pertaining to a department, agency, or office from which a function 
is transferred by section 105--
          (1) to the head of such department, agency, or office is 
        deemed to refer to the head of the department, agency, or 
        office to which such function is transferred; or
          (2) to such department, agency, or office is deemed to refer 
        to the department, agency, or office to which such function is 
        transferred.

SEC. 108. CONFORMING AND TECHNICAL AMENDMENTS.

  (a) Chief Financial Officer.--Section 901(b)(2) of title 31, United 
States Code, is amended by adding at the end the following:
          ``(H) The Federal Emergency Management Agency.''.
  (b) Recommended Legislation.--
          (1) In general.--After consultation with the appropriate 
        committees of Congress and the Director of the Office of 
        Management and Budget, the Director shall prepare recommended 
        legislation containing technical and conforming amendments to 
        reflect the changes made by this title.
          (2) Submission to congress.--Not later than 90 days after the 
        last day of the transition period referred to in section 
        105(b), the Director shall submit to Congress a report 
        containing the recommended legislation.
  (c) Repeals.--
  (1) In General.--The following provisions of the Homeland Security 
Act of 2002 (6 U.S.C. 101 et seq.) are repealed:
                  (A) Section 503(1).
                  (B) Section 507.
  (2)Table of Contents.--The table of contents contained in section 
1(b) of such Act is amended by striking the item relating to section 
507.

       Subtitle B--Federal Emergency Management Agency Personnel

SEC. 121. WORKFORCE DEVELOPMENT.

  (a) In General.--Subpart I of part III of title 5, United States 
Code, is amended by adding at the end the following:

      ``CHAPTER 101--FEDERAL EMERGENCY MANAGEMENT AGENCY PERSONNEL

``Sec.
``10101. Definitions.
``10102. Human capital strategy.
``10103. Recruitment bonuses for the Federal Emergency Management 
Agency.
``10104. Retention bonuses for the Federal Emergency Management Agency.
``10105. Disaster workforce reserve cadre.

``Sec. 10101. Definitions

  ``For purposes of this chapter--
          ``(1) the term `Federal Emergency Management Agency' or 
        `Agency' shall be considered to refer to the Federal Emergency 
        Management Agency established under section 101 of the RESPOND 
        Act of 2006; and
          ``(2) the term `Director of the Federal Emergency Management 
        Agency' or `Director' shall be considered to refer to the 
        Director of the Federal Emergency Management Agency appointed 
        under section 103 of the RESPOND Act of 2006.

``Sec. 10102. Human capital strategy

  ``(a) In General.--The Director of the Federal Emergency Management 
Agency shall develop a human capital strategy to ensure that the Agency 
has a workforce of the appropriate size and with the appropriate skills 
and training to effectively carry out the mission and responsibilities 
of the Agency, consistent with the policies and plans developed 
pursuant to this section.
  ``(b) Content.--The strategy shall include, at a minimum--
          ``(1) a workforce development strategy for the Agency;
          ``(2) an assessment of the workforce characteristics and 
        future needs of the Agency;
          ``(3) an analysis of how the Agency's human resources 
        policies and programs align with the Agency's mission, 
        strategic goals, and performance outcomes; and
          ``(4) any other elements that the Director determines 
        necessary to develop and maintain a human capital strategy, 
        including elements described in section 1402.
  ``(c) Schedule.--The Director shall transmit to Congress--
          ``(1) the strategy developed under this section not later 
        than 6 months after the date of enactment of this chapter; and
          ``(2) periodic updates to the strategy referred to in 
        paragraph (1).

``Sec. 10103. Recruitment bonuses for the Federal Emergency Management 
                    Agency

  ``(a) In General.--The Director of the Federal Emergency Management 
Agency may pay a bonus to an individual in order to recruit the 
individual for a position within the Agency that would otherwise be 
difficult to fill in the absence of such a bonus.
  ``(b) Bonus Amount.--
          ``(1) In general.--The amount of a bonus under this section 
        shall be determined by the Director, but may not exceed 25 
        percent of the annual rate of basic pay of the position 
        involved.
          ``(2) Form of payment.--A bonus under this section shall be 
        paid in the form of a lump-sum payment and shall not be 
        considered to be part of basic pay.
  ``(c) Service Agreements.--Payment of a bonus under this section 
shall be contingent upon the employee entering into a written service 
agreement with the Federal Emergency Management Agency. The agreement 
shall include--
          ``(1) the period of service the individual shall be required 
        to complete in return for the bonus; and
          ``(2) the conditions under which the agreement may be 
        terminated before the agreed-upon service period has been 
        completed, and the effect of the termination.
  ``(d) Eligibility.--A bonus under this section may not be paid to 
recruit an individual for--
          ``(1) a position to which an individual is appointed by the 
        President, by and with the advice and consent of the Senate;
          ``(2) a position in the Senior Executive Service as a 
        noncareer appointee (as defined in section 3132(a)); or
          ``(3) a position which has been excepted from the competitive 
        service by reason of its confidential, policy-determining, 
        policy-making, or policy-advocating character.
  ``(e) Termination.--The authority to pay bonuses under this section 
shall terminate 5 years after the date of enactment of this chapter.

``Sec. 10104. Retention bonuses for the Federal Emergency Management 
                    Agency

  ``(a) Authority.--The Director of the Federal Emergency Management 
Agency may pay, on a case-by-case basis, a bonus under this section to 
an employee of the Agency if--
          ``(1) the unusually high or unique qualifications of the 
        employee or a special need of the Agency for the employee's 
        services makes it essential to retain the employee; and
          ``(2) the Director determines that, in the absence of such a 
        bonus, the employee would be likely to leave--
                  ``(A) the Federal service; or
                  ``(B) for a different position in the Federal 
                service.
  ``(b) Service Agreement.--Payment of a bonus under this section is 
contingent upon the employee entering into a written service agreement 
with the Agency to complete a period of service with the Agency. Such 
agreement shall include--
          ``(1) the period of service the individual shall be required 
        to complete in return for the bonus; and
          ``(2) the conditions under which the agreement may be 
        terminated before the agreed-upon service period has been 
        completed, and the effect of the termination.
  ``(c) Bonus Amount.--
          ``(1) In general.--The amount of a bonus under this section 
        shall be determined by the Director, but may not exceed 25 
        percent of the annual rate of basic pay of the position 
        involved.
          ``(2) Form of payment.--A bonus under this section shall be 
        paid in the form of a lump-sum payment and shall not be 
        considered to be part of basic pay.
  ``(d) Limitation.--A bonus under this section may not be based on any 
period of service which is the basis for a recruitment bonus under 
section 10103.
  ``(e) Termination of Authority.--The authority to grant bonuses under 
this section shall expire 5 years after the date of enactment of this 
chapter.

``Sec. 10105. Disaster workforce reserve cadre

  ``(a) Establishment.--There is established within the Federal 
Emergency Management Agency a disaster workforce reserve cadre to meet 
the Agency's surge requirements during periods of emergency, as 
determined by the Director of the Federal Emergency Management Agency.
  ``(b) Review.--Not later than 90 days after the date of enactment of 
this chapter, the Director shall conduct a comprehensive review of the 
current disaster workforce reserves for the purpose of identifying 
areas for redevelopment. As part of the review, the Director shall 
review and redevelop the disaster workforce to create a capable cadre 
by--
          ``(1) providing for the effective utilization of the disaster 
        workforce;
          ``(2) establishing consistent and shorter disaster workforce 
        mobilization times;
          ``(3) establishing standards to meet mission requirements;
          ``(4) establishing a robust credentialing system for the 
        disaster workforce to integrate capabilities and skill sets 
        into job descriptions for a more effective and faster response 
        capability;
          ``(5) establishing employment protections for disaster 
        workforce reservists; and
          ``(6) establishing a streamlined deployment system.
  ``(c) Annuitants.--If an individual receiving an annuity from the 
Civil Service Retirement and Disability Fund becomes temporarily 
reemployed pursuant to this section, such annuity shall not be 
discontinued thereby. An individual so reemployed shall not be 
considered an employee for the purposes of chapter 83 or 84.
  ``(d) Expenses.--The Director may provide members of the disaster 
workforce reserve cadre transportation and per diem in lieu of 
subsistence, in accordance with applicable provisions of this title, 
for the purpose of participating in any training that relates to 
service as a member of the disaster workforce reserve cadre.''.
  (b) Conforming Amendment.--The table of chapters for subpart I of 
part III of title 5, United States Code, is amended by adding at the 
end the following:

``101. Federal Emergency Management Agency Personnel........   10101''.

    TITLE II--STRENGTHENING THE FEDERAL EMERGENCY MANAGEMENT AGENCY

SEC. 201. CATASTROPHIC PLANNING PROGRAM.

  Subtitle A of title VI of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5196 et seq.) is amended by adding 
at the end the following:

``SEC. 616. CATASTROPHIC PLANNING PROGRAM.

  ``(a) Establishment.--The Director shall establish a program to 
assist States and local governments representing areas at substantial 
risk for a catastrophic incident, and other Federal agencies as 
appropriate, in developing a comprehensive program to prepare for a 
catastrophic incident.
  ``(b) Activities.--The program may include planning, training, 
exercises, and such other activities as the Director considers 
necessary.
  ``(c) Site Selection.--In conducting the program, the Director, in 
coordination with a State or local government, shall select sites 
within the jurisdiction of such State or local government that are at 
substantial risk for a catastrophic incident and require additional 
preparedness activities to ensure an effective response and recovery.
  ``(d) Catastrophic Incident.--In this section, the term `catastrophic 
incident' means any natural or manmade incident, including terrorism, 
that results in extraordinary levels of mass casualties, damage, or 
disruption severely affecting the population, infrastructure, 
environment, economy, national morale, or government functions.
  ``(e) Report.--The Director shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Homeland Security and Governmental Affairs of the 
Senate a report on the preparedness levels of participating 
jurisdictions.
  ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $30,000,000 for fiscal year 
2007, $32,000,000 for fiscal year 2008, and $34,000,000 for fiscal year 
2009. Such sums shall remain available until expended.''.

SEC. 202. EMERGENCY RESPONSE TEAMS.

  Section 303 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5144) is amended--
          (1) by striking the section heading and all that follows 
        through ``The President shall'' and inserting the following:

``SEC. 303. EMERGENCY SUPPORT AND RESPONSE TEAMS.

  ``(a) Emergency Support Teams.--The President shall''; and
          (2) by adding at the end the following:
  ``(b) Emergency Response Teams.--
          ``(1) Establishment.--In carrying out subsection (a), the 
        President, acting through the Director of the Federal Emergency 
        Management Agency, shall establish at a minimum 3 national 
        response teams and sufficient regional and other response teams 
        as may be necessary to meet the incident management 
        responsibilities of the Federal Government.
          ``(2) Target capability level.--The Director shall ensure 
        that specific target capability levels, as defined pursuant to 
        the guidelines established under section 703(b)(2)(A), are 
        established for Federal emergency response teams.
          ``(3) Personnel.--The President, acting through the Director, 
        shall ensure that the Federal emergency response teams consist 
        of adequate numbers of properly planned, organized, equipped, 
        trained, and exercised personnel to achieve the established 
        target capability levels. Each emergency response team shall 
        work in coordination with State and local officials and onsite 
        emergency personnel associated with a particular incident.
          ``(4) Readiness reporting.--The Director shall evaluate team 
        readiness on a regular basis and report team readiness levels 
        in the report required under section 703(b)(8)(A).''.

SEC. 203. EMERGENCY OPERATIONS CENTERS.

  (a) National.--The Director shall maintain and operate within the 
Federal Emergency Management Agency a national emergency operations 
center to support Federal emergency operations.
  (b) Regional.--The Director shall ensure that each region of the 
Agency maintains and operates an emergency operations center to support 
Federal emergency operations.
  (c) Target Capability Levels.--The Director shall ensure that 
specific target capability levels, as defined pursuant to the 
guidelines established under section 703(b)(2)(A) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (as added by this 
Act), are established for national and regional emergency operations 
centers.
  (d) Personnel.--The Director shall ensure that the national and 
regional emergency operations centers consist of adequate numbers of 
properly planned, organized, equipped, trained, and exercised personnel 
to achieve the established target capability levels.
  (e) Readiness Reporting.--The Director shall evaluate the readiness 
of the emergency operations centers on a regular basis and report 
readiness levels in the report required under section 703(b)(8)(A) of 
such Act.

SEC. 204. LOGISTICS.

  (a) In General.--The Director shall develop an efficient, 
transparent, and flexible logistics system for procurement and delivery 
of goods and services necessary for an effective and timely response to 
major disasters and other emergencies and for real-time visibility of 
items at each point throughout the logistics system.
  (b) System Development.--The Director shall ensure that the logistics 
system is developed through the use of in-house, private sector, and 
other Federal agency logistics capabilities (or a combination thereof).
  (c) State and Local Contracts.--The Director shall encourage State 
and local governments to establish contracts with vendors for disaster 
relief supplies in advance of major disasters and other emergencies.

SEC. 205. PREPOSITIONED EQUIPMENT PROGRAM.

  (a) Notice.--The Director shall notify State and local officials in 
an area in which a location for the prepositioned equipment program 
will be closed at least 60 days before the date of such closure.
  (b) Sense of Congress.--It is the sense of Congress that the pre-
positioned equipment program is an important all-hazard disaster relief 
tool, which is strongly supported by the Nation's first responder 
communities, should be continued in at least 11 locations, and should 
be funded at the level required to effectively carry out the program.

SEC. 206. COMMUNICATIONS.

  (a) Communications Capability.--The Director shall establish and 
maintain a durable, deployable, operable, and interoperable 
communications capability within the Agency in order to gain and retain 
incident management communications in areas that have lost regular 
communications systems during major disasters and other emergencies.
  (b) Reconnaissance Teams.--The Director shall establish self-
sustaining reconnaissance teams to relay information back to Agency 
headquarters to improve situational awareness and incident management 
coordination.

SEC. 207. EMERGENCY EQUIPMENT ASSISTANCE.

  Subtitle B of title VI of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5197 et seq.) is amended by adding 
at the end the following:

``SEC. 630. EMERGENCY EQUIPMENT ASSISTANCE.

  ``(a) Grants.--The Director shall carry out a program to make grants 
to States and local governments to improve the response capabilities of 
the States and local governments in the event of a major disaster or 
other emergency.
  ``(b) Use of Funds.--Grants amounts received by a State or local 
government under this section shall be used--
          ``(1) to purchase or improve commercially available 
        interoperable communications equipment that--
                  ``(A) complies with, where applicable, national 
                voluntary consensus standards;
                  ``(B) facilitates operability, interoperability, 
                coordination, and integration between and among 
                emergency communications systems (including satellite 
                phone and satellite communications equipment); and
                  ``(C) ensures that first responders, government 
                officials, and emergency personnel are able to 
                adequately and effectively communicate with each other 
                in the event of a major disaster or other emergency;
          ``(2) to purchase mobile equipment to generate emergency 
        power; and
          ``(3) to train first responders and emergency personnel on 
        how best to use effectively such equipment.
  ``(c) Applications.--A State or local government seeking a grant 
under this section shall submit to the Director an application at such 
time, in such manner, and accompanied by such information as the 
Director may require.
  ``(d) Technical Assistance.--The Director shall provide to States and 
local governments technical assistance with respect to the procurement, 
installation, and use of equipment under subsection (b)(1).
  ``(e) Coordination.--In implementing the program, the Director shall 
ensure the coordination with other emergency equipment assistance grant 
programs.
  ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $200,000,000 for each of fiscal 
years 2007, 2008, and 2009. Such sums shall remain available until 
expended.''.

SEC. 208. OVERSIGHT AND ACCOUNTABILITY OF FEDERAL DISASTER 
                    EXPENDITURES.

  (a) Purpose.--The purposes of this section is to ensure that Federal 
agencies exercise sufficient stewardship over the funds provided to the 
agencies through Agency mission assignments for disaster response, 
relief, and recovery activities by requiring and funding management 
oversight activities to prevent fraud, waste, and abuse and to detect 
and pursue prosecution of fraud so that taxpayers' interests are fully 
protected.
  (b) Authority of Director to Designate Funds for Oversight 
Activities.--The Director may designate up to one percent of the total 
amount provided to a Federal agency for a mission assignment as 
oversight funds to be used by the recipient agency for performing 
oversight of activities carried out under the Agency reimbursable 
mission assignment process. Such funds shall remain available until 
expended.
  (c) Use of Funds.--
          (1) Types of oversight activities.--Oversight funds may be 
        used for the following types of oversight activities related to 
        Agency mission assignments:
                  (A) Monitoring, tracking, and auditing expenditures 
                of funds.
                  (B) Ensuring that sufficient management and internal 
                control mechanisms are available so that Agency funds 
                are spent appropriately and in accordance with all 
                applicable laws and regulations.
                  (C) Reviewing selected contracts and other 
                activities.
                  (D) Investigating allegations of fraud involving 
                Agency funds.
                  (E) Conducting and participating in fraud prevention 
                activities with other Federal, State, and local 
                government personnel and contractors.
          (2) Plans and reports.--Oversight funds may be used to issue 
        the plans required under subsection (f) and the reports 
        required under subsection (g).
  (d) Restriction on Use of Funds.--Oversight funds may not be used to 
finance existing agency oversight responsibilities related to direct 
agency appropriations used for disaster response, relief, and recovery 
activities.
  (e) Methods of Oversight Activities.--
          (1) In general.--Oversight activities may be carried out by 
        an agency under this section either directly or by contract. 
        Such activities may include evaluations and financial and 
        performance audits.
          (2) Coordination of oversight activities.--Before entering 
        into a contract for a financial or performance audit to be 
        performed under this section, the head of an agency shall 
        coordinate with the Inspector General of the agency or, if the 
        agency does not have an Inspector General, with the Inspector 
        General of the Federal Emergency Management Agency.
  (f) Development of Oversight Plans.--
          (1) In general.--If an agency receives oversight funds for a 
        fiscal year, the head of the agency shall prepare a plan 
        describing the oversight activities for disaster response, 
        relief, and recovery anticipated to be undertaken during the 
        subsequent fiscal year.
          (2) Selection of oversight activities.--In preparing the 
        plan, the head of the agency shall select oversight activities 
        based upon a risk assessment of those areas that present the 
        greatest risk of fraud, waste, and abuse.
          (3) Schedule.--The plan shall include a schedule for 
        conducting oversight activities, including anticipated dates of 
        completion.
  (g) Federal Disaster Assistance Accountability Reports.--A Federal 
agency receiving oversight funds under this section shall submit 
annually to the Director and the appropriate committees of Congress a 
consolidated report regarding the use of such funds, including 
information summarizing oversight activities and the results achieved.
  (h) Oversight Funds.--In this section, the term ``oversight funds'' 
means funds referred to in subsection (b) that are designated for use 
in performing oversight activities.

SEC. 209. NONDISCRIMINATION IN DISASTER ASSISTANCE WITH RESPECT TO 
                    ENGLISH PROFICIENCY.

  (a) In General.--Section 308(a) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5151(a)) is amended by 
inserting ``English proficiency,'' after ``age,''.
  (b) Nondiscrimination in Disaster Assistance With Respect to English 
Proficiency.--Consistent with section 308(a) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5151(a)), as 
amended by this section, the Director shall--
          (1) identify, in coordination with State and local 
        governments, population groups with limited English proficiency 
        and take into account such groups in disaster preparedness 
        planning;
          (2) ensure that information made available to individuals 
        affected by a major disaster or emergency is translated and 
        made available to the population groups identified in paragraph 
        (1); and
          (3) develop and maintain an informational clearinghouse of 
        model language assistance programs and best practices for State 
        and local governments in providing disaster and emergency 
        related services.
  (c) Group Size.--For purposes of subsection (b), the Director shall 
define the size of a population group.

         TITLE III--COMPREHENSIVE EMERGENCY PREPAREDNESS SYSTEM

SEC. 301. NATIONAL EMERGENCY PREPAREDNESS.

  (a) In General.--The Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5122 et seq.) is amended--
          (1) by redesignating title VII as title VIII;
          (2) by redesignating sections 701 through 705 as sections 801 
        through 805, respectively; and
          (3) by inserting after title VI the following:

        ``TITLE VII--COMPREHENSIVE EMERGENCY PREPAREDNESS SYSTEM

``SEC. 701. DEFINITIONS.

  ``In this title, the definitions contained in section 602 and the 
following definitions apply:
          ``(1) Capability.--The term `capability' means the ability to 
        provide the means to accomplish one or more tasks under 
        specific conditions and to specific performance standards. A 
        capability may be delivered with any combination of properly 
        planned, organized, equipped, trained, and exercised personnel 
        that achieves the intended outcome.
          ``(2) Covered grant.--The term `covered grant' means a grant 
        referred to in section 709 and any other emergency preparedness 
        grant administered by the Federal Emergency Management Agency.
          ``(3) Mission assignment.--The term `mission assignment' 
        means a work order issued to a Federal agency by the Federal 
        Emergency Management Agency, directing completion by that 
        agency of a specified task and setting forth funding, other 
        managerial controls, and guidance.
          ``(4) Operational readiness.--The term `operational 
        readiness' means the capability of an organization, an asset, a 
        system, or equipment to perform the missions or functions for 
        which it is organized or designed.
          ``(5) Performance measure.--The term `performance measure' 
        means a quantitative or qualitative characteristic used to 
        gauge the results of an outcome compared to its intended 
        purpose.
          ``(6) Performance metric.--The term `performance metric' 
        means a particular value or characteristic used to measure the 
        outcome that is generally expressed in terms of a baseline and 
        a target.

``SEC. 702. NATIONAL EMERGENCY PREPAREDNESS GOAL.

  ``(a) Establishment.--The President, acting through the Director, 
shall establish and revise as necessary a national emergency 
preparedness goal that defines the target level of emergency 
preparedness to ensure the Nation's ability to respond to, recover 
from, and mitigate against all hazards, including major disasters and 
other emergencies.
  ``(b) National Incident Management System and National Response 
Plan.--The national emergency preparedness goal, to the greatest extent 
practicable, shall be consistent with the national incident management 
system and national response plan.

``SEC. 703. ESTABLISHMENT OF THE NATIONAL EMERGENCY PREPAREDNESS 
                    SYSTEM.

  ``(a) Establishment.--The President, acting through the Director, 
shall establish a national emergency preparedness system to enable the 
Nation to meet the national emergency preparedness goal.
  ``(b) Components.--The national emergency preparedness system 
includes the following components:
          ``(1) National planning scenarios.--
                  ``(A) In general.--The Director, in coordination with 
                the heads of other appropriate Federal agencies and the 
                Task Force established under section 707(a), may 
                develop planning scenarios to reflect the relative risk 
                requirements presented by all hazards in order to 
                provide the foundation for the flexible and adaptive 
                development of target capabilities and the 
                identification of target capability levels to meet the 
                national emergency preparedness goal.
                  ``(B) Development.--In developing national planning 
                scenarios, the Director shall ensure that the 
                scenarios--
                          ``(i) reflect the relative risk of all 
                        hazards and illustrate the potential scope, 
                        magnitude, and complexity of a broad range of 
                        representative hazards; and
                          ``(ii) provide the minimum number of 
                        representative scenarios necessary to identify 
                        and define the tasks and target capabilities 
                        required to respond to all hazards.
          ``(2) Target capabilities and emergency preparedness 
        priorities.--
                  ``(A) Establishment of guidelines on target 
                capabilities.--Not later than 180 days after the date 
                of enactment of the Restoring Emergency Services to 
                Protect Our Nation From Disasters Act of 2006, the 
                Director, in coordination with the heads of other 
                appropriate Federal agencies, including the National 
                Council on Disability, and the Task Force established 
                under section 707(a), shall update and revise as 
                necessary guidelines to define the risk-based target 
                capabilities for Federal, State, and local government 
                emergency preparedness that enables the Nation to 
                respond to, recover from, and mitigate against all 
                hazards, including major disasters and other 
                emergencies.
                  ``(B) Distribution of guidelines.--The Director shall 
                ensure that the guidelines are provided promptly to 
                Congress and the States. The States are encouraged to 
                make the guidelines available to local governments 
                within their jurisdictions.
                  ``(C) Objectives.--The Director shall ensure that the 
                guidelines established under subparagraph (A) meet the 
                following objectives:
                          ``(i) Specificity.--The guidelines 
                        specifically describe the training, planning, 
                        personnel, and equipment that Federal, State, 
                        and local governments need to possess, or to 
                        which they need to have access, in order to 
                        meet the national emergency preparedness goal.
                          ``(ii) Flexibility.--The guidelines are 
                        sufficiently flexible to allow Federal, State, 
                        and local government officials to set 
                        priorities based on particular needs, while 
                        achieving nationally determined emergency 
                        preparedness levels within a specified time 
                        period.
                          ``(iii) Measurability.--The guidelines are 
                        designed to enable measurement of progress 
                        toward specific emergency preparedness levels.
                  ``(D) Emergency preparedness priorities.--In 
                establishing the guidelines under subparagraph (A), the 
                Director shall establish emergency preparedness 
                priorities that appropriately balance the risk of all 
                hazards, including major disasters and other 
                emergencies with the resources required to respond to, 
                recover from, and mitigate against them.
                  ``(E) Mutual aid agreements.--The Director may 
                provide support for the development of mutual aid 
                agreements within States.
          ``(3) Equipment.--
                  ``(A) Equipment standards.--
                          ``(i) In general.--The Director, in 
                        coordination with the heads of other 
                        appropriate Federal agencies and the Task Force 
                        established under section 707(a), shall 
                        develop, promulgate, and update as necessary 
                        national voluntary consensus standards for 
                        first responder equipment for use in the field. 
                        In developing such standards, the Director 
                        shall--
                                  ``(I) ensure that the standards 
                                encourage and support nationwide 
                                interoperability and operability of 
                                equipment and other capabilities 
                                consistent with the national emergency 
                                preparedness goal, including the safety 
                                and health of first responders;
                                  ``(II) to the maximum extent 
                                practicable, ensure that the standards 
                                are consistent with any existing 
                                voluntary consensus standards;
                                  ``(III) to the maximum extent 
                                practicable, ensure that the standards 
                                use technologies already certified by 
                                other Federal agencies of the United 
                                States;
                                  ``(IV) take into account, as 
                                appropriate, threats that may not have 
                                been contemplated when such existing 
                                standards were developed; and
                                  ``(V) focus on maximizing 
                                interoperability, operability, 
                                interchangeability, durability, 
                                flexibility, efficiency, efficacy, 
                                portability, sustainability, and safety 
                                of equipment.
                          ``(ii) Deadline.--Not later than 180 days 
                        after the date of enactment of the Restoring 
                        Emergency Services to Protect Our Nation From 
                        Disasters Act of 2006, the Director shall 
                        promulgate standards under this subparagraph.
                  ``(B) Consultation with standards organizations.--
                Before issuing standards, the Director shall also 
                consult with relevant public and private sector 
                standards organizations.
          ``(4) Training and exercises.--
                  ``(A) Program.--Not later than 180 days after the 
                date of enactment of the Restoring Emergency Services 
                to Protect Our Nation From Disasters Act of 2006, the 
                Director, in coordination with the heads of other 
                appropriate Federal agencies, including the National 
                Council on Disability, and the Task Force established 
                under section 707(a), shall establish and maintain a 
                comprehensive training program for all levels of 
                government to implement the national emergency 
                preparedness goal, national incident management system, 
                and national response plan.
                  ``(B) Training standards.--The Director shall develop 
                and update as necessary, national voluntary consensus 
                standards for the training program established under 
                subparagraph (A).
                  ``(C) Exercises.--The Director, in coordination with 
                the heads of other appropriate Federal agencies and the 
                Task Force established under section 707(a), shall 
                establish and maintain a program, including risk-based 
                scenarios that stress the emergency management system, 
                to conduct emergency preparedness-related exercises 
                that reinforce identified training standards, provide 
                for evaluation of emergency preparedness, and support 
                the national emergency preparedness goal, national 
                incident management system, and national response plan.
          ``(5) Comprehensive assessment system.--
                  ``(A) Establishment.--The Director, in coordination 
                with the National Council on Disability and the Task 
                Force established under section 707(a), shall establish 
                a comprehensive system to assess on an ongoing basis, 
                the Nation's overall emergency preparedness, including 
                operational readiness.
                  ``(B) Performance metrics and measures.--The Director 
                shall ensure that each component of the national 
                emergency preparedness system, national incident 
                management system, and national response plan is 
                developed with clear and quantifiable performance 
                metrics, measures, and outcomes.
                  ``(C) Contents.--The assessment system established 
                under subparagraph (A) shall assess--
                          ``(i) compliance with the national emergency 
                        preparedness system, national incident 
                        management system, and national response plan 
                        to achieve a consistent approach to national 
                        emergency preparedness and response;
                          ``(ii) capability levels at the time of 
                        assessment against target capability levels 
                        defined pursuant to the guidelines established 
                        under paragraph (2)(A);
                          ``(iii) resource needs to meet the desired 
                        target capability levels defined pursuant to 
                        the guidelines established under paragraph 
                        (2)(A); and
                          ``(iv) performance of training, exercises, 
                        and operations.
          ``(6) Best practices, after action reviews, and remedial 
        action program.--
                  ``(A) In general.--The Director, in coordination with 
                the National Council on Disability and the Task Force 
                established under section 707(a), shall establish a 
                system for identifying best practices and conducting 
                after action reviews of incidents and exercises.
                  ``(B) Remedial action.--The Director, in coordination 
                with the National Council on Disability and the Task 
                Force established under section 707(a), shall ensure 
                through a remedial action program that the best 
                practices and after action reviews identified under 
                subparagraph (A) are used to revise and update the 
                national emergency preparedness system, national 
                incident management system, and national response plan 
                on a continual basis.
          ``(7) Federal response capability inventory.--
                  ``(A) In general.--Not later than 180 days after the 
                date of enactment of the Restoring Emergency Services 
                to Protect Our Nation From Disasters Act of 2006, the 
                Director, in coordination with the heads of other 
                appropriate Federal agencies, shall develop and 
                maintain a Federal response capability inventory that 
                includes the performance parameters of the capability, 
                the timeframe within which the capability can be 
                brought to bear on an incident, and the readiness of 
                such capability to respond to all hazards, including 
                major disasters and other emergencies.
                  ``(B) Department of defense.--The Director, in 
                coordination with the Secretary of Defense, shall 
                develop a list of organizations and functions within 
                the Department of Defense that may be used, pursuant to 
                the authority provided under sections 402, 403, and 502 
                of this Act, to provide support to civil authorities 
                during major disasters and other emergencies.
          ``(8) Reporting requirements.--
                  ``(A) Federal emergency preparedness report.--
                          ``(i) In general.--Not later than 12 months 
                        after the date of enactment of the Restoring 
                        Emergency Services to Protect Our Nation From 
                        Disasters Act of 2006, and annually thereafter, 
                        the Director, in coordination with the heads of 
                        other appropriate Federal agencies, shall 
                        submit to the Committee on Transportation and 
                        Infrastructure of the House of Representatives 
                        and the Committee on Homeland Security and 
                        Governmental Affairs of the Senate a report on 
                        the Nation's level of emergency preparedness.
                          ``(ii) Contents.--Each report shall include--
                                  ``(I) an assessment of how Federal 
                                emergency preparedness assistance 
                                supports the national emergency 
                                preparedness system;
                                  ``(II) an assessment of compliance 
                                with the national emergency 
                                preparedness system, national incident 
                                management system, and national 
                                response plan;
                                  ``(III) an assessment of current 
                                Federal and State capability levels and 
                                a description of target capability 
                                levels defined pursuant to the 
                                guidelines established under paragraph 
                                (2)(A);
                                  ``(IV) an assessment of performance 
                                of training, exercises, and operations;
                                  ``(V) information on the use of 
                                mutual aid agreements;
                                  ``(VI) a review of the inventory 
                                described in paragraph (7)(A); and
                                  ``(VII) an assessment of resource 
                                needs to meet target capability levels 
                                defined pursuant to the guidelines 
                                established under paragraph (2)(A), 
                                including--
                                          ``(aa) an estimate of the 
                                        amount of Federal, State, and 
                                        local expenditures required to 
                                        attain the target capability 
                                        levels; and
                                          ``(bb) the extent to which 
                                        target capability levels were 
                                        created or enhanced as the 
                                        result of using covered grant 
                                        funds during the preceding 
                                        fiscal year.
                  ``(B) State emergency preparedness report.--
                          ``(i) In general.--Not later than 15 months 
                        after the date of enactment of the Restoring 
                        Emergency Services to Protect Our Nation From 
                        Disasters Act of 2006, and annually thereafter, 
                        a State receiving a covered grant shall submit 
                        a report to the Director on the State's level 
                        of emergency preparedness.
                          ``(ii) Contents.--Each report shall include--
                                  ``(I) an assessment of State 
                                compliance with the national emergency 
                                preparedness system, national incident 
                                management system, and national 
                                response plan;
                                  ``(II) an assessment of current 
                                capability levels and a description of 
                                target capability levels;
                                  ``(III) an assessment of State 
                                performance of training, exercises, and 
                                operations;
                                  ``(IV) information on the use of 
                                mutual aid agreements;
                                  ``(V) information on the distribution 
                                by the State of the guidelines 
                                established by paragraph (2)(A) to 
                                local governments within its 
                                jurisdiction; and
                                  ``(VI) an assessment of resource 
                                needs to meet target capability levels 
                                defined pursuant to the guidelines 
                                established under paragraph (2)(A), 
                                including--
                                          ``(aa) an estimate of the 
                                        amount of expenditures required 
                                        to attain the target capability 
                                        levels; and
                                          ``(bb) the extent to which 
                                        target capability levels were 
                                        created or enhanced as the 
                                        result of using covered grant 
                                        funds during the preceding 
                                        fiscal year.
                  ``(C) Use of quantifiable performance measurements.--
                To the extent practicable, each report shall be based 
                on quantifiable performance measurements.

``SEC. 704. NATIONAL INCIDENT MANAGEMENT SYSTEM.

  ``(a) National Incident Management System.--There is hereby 
established a national incident management system that encompasses a 
single, comprehensive approach to domestic incident management to 
ensure that all levels of government across the Nation have the 
capability to work efficiently and effectively together by using a 
consistent approach to domestic incident management for all hazards, 
including major disasters and other emergencies.
  ``(b) Responsibilities of Director.--
          ``(1) Responsibility for system.--The Director shall be 
        responsible for all aspects of the national incident management 
        system, including completing, implementing, maintaining, and 
        revising the system.
          ``(2) Coordination of system.--The Director shall coordinate 
        with the heads of other appropriate Federal agencies in 
        revising the system.

``SEC. 705. NATIONAL RESPONSE PLAN.

  ``(a) Responsibilities of Director.--
          ``(1) Responsibility for plan.--The Director shall be 
        responsible for all aspects of the national response plan, 
        including completing, implementing, maintaining, and revising 
        the plan.
          ``(2) Coordination of plan.--The Director shall coordinate 
        with the heads of other appropriate Federal agencies, including 
        the National Council on Disability, in revising the plan.
  ``(b) Initial Review and Revision of Response Plan.--
          ``(1) In general.--Not later than March 1, 2007, the Director 
        shall, in coordination with the heads of other appropriate 
        Federal agencies, including the National Council on Disability, 
        and the Task Force established under section 707(a), complete a 
        comprehensive review of the national response plan for the 
        purpose of identifying areas for revision.
          ``(2) Review and revise.--As part of the review, the Director 
        shall review and revise the national response plan--
                  ``(A) to ensure integration and consistency with the 
                national incident management system;
                  ``(B) to establish a protocol for a proactive Federal 
                response in support of a State to a catastrophic 
                disaster with or without warning; and
                  ``(C) to clarify the role of who is in charge of the 
                Federal disaster response.
  ``(c) Mission Assignments.--To expedite the provision of assistance 
under the national response plan, the Director, in coordination with 
the heads of other appropriate Federal agencies and the Task Force 
established under section 707(a), shall develop prescripted mission 
assignments for logistics, communications, mass care, health services, 
and public safety.

``SEC. 706. FEDERAL EMERGENCY PREPAREDNESS.

  ``(a) Agency Responsibility.--In support of the national emergency 
preparedness system established under this title, the President shall 
ensure that each Federal agency with responsibility for responding to 
major disasters and other emergencies shall--
          ``(1) have the operational capability, including the 
        personnel to make and communicate decisions, organizational 
        structures that are assigned, trained, and exercised for their 
        missions, sufficient physical resources, and the command, 
        control, and communication channels to make, monitor, and 
        communicate decisions to meet the national emergency 
        preparedness goal;
          ``(2) have the operational command and control structures 
        that comply with the national incident management system;
          ``(3) develop, in support of crisis operational capability, a 
        deliberate planning capability, including plans, personnel, and 
        training; and
          ``(4) develop, train, and exercise rosters of disaster 
        response personnel to be deployed when the organization is 
        called upon to support a Federal response.
  ``(b) Construction.--Nothing in this section shall limit the 
authority of the Secretary of Defense with regard to the command and 
control, training, planning, equipment, exercises, or employment of 
Department of Defense forces, or the allocation of Department of 
Defense resources.

``SEC. 707. NATIONAL EMERGENCY PREPAREDNESS TASK FORCE.

  ``(a) Establishment.--The Director shall establish a National 
Emergency Preparedness Task Force (referred to in this section as the 
`Task Force') to ensure effective and ongoing coordination of Federal 
emergency preparedness, response, recovery, and mitigation efforts for 
all hazards that incorporates State and local government and private 
sector input in the development and revision of the national emergency 
preparedness goal, the national emergency preparedness system, national 
incident management system, and national response plan.
  ``(b) Membership.--
          ``(1) In general.--The Task Force shall consist of members 
        appointed by the Director from among representatives of--
                  ``(A) national organizations representing State and 
                local governments;
                  ``(B) national, State, and local emergency management 
                organizations; and
                  ``(C) national, State, and local emergency response 
                organizations, including governmental and 
                nongovernmental organizations.
          ``(2) Representation.--To the extent practicable, Task Force 
        members shall represent--
                  ``(A) geographically diverse areas (including urban 
                and rural);
                  ``(B) State and local elected officials;
                  ``(C) national, State, and local emergency management 
                professional organizations; and
                  ``(D) individuals involved in a cross section of 
                emergency response disciplines and professions, 
                including as appropriate fire service and law 
                enforcement, hazardous materials response, emergency 
                medical services, public works personnel routinely 
                engaged in emergency response, health professionals, 
                and organizations with expertise in accrediting and 
                establishing standards for emergency management 
                services.
          ``(3) Consultation with the department of health and human 
        services.--In the selection of members of the Task Force who 
        are health professionals, including emergency medical 
        professionals, the Director shall consult with the Secretary of 
        Health and Human Services.
          ``(4) Ex officio members.--The Director shall designate one 
        or more officers from the Federal Emergency Management Agency 
        to serve as an ex officio member of the Task Force.

``SEC. 708. NATIONAL INCIDENT MANAGEMENT SYSTEM AND NATIONAL RESPONSE 
                    PLAN INTEGRATION CENTER.

  ``(a) In General.--In order to carry out the duties of the Director 
related to the National Incident Management System and National 
Response Plan, there is established a National Incident Management 
System and National Response Plan Integration Center.
  ``(b) Responsibilities.--The head of the Center shall establish a 
system to ensure completion, implementation, maintenance, and revision 
of the National Incident Management System and the National Response 
Plan and perform such other duties as the Director may require.
  ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $30,000,000 for fiscal year 
2007, $32,000,000 for fiscal year 2008, and $34,000,000 for fiscal year 
2009. Such sums shall remain available until expended.

``SEC. 709. AUTHORIZATION.

  ``(a) In General.--The Director is authorized to make grants to any 
State or local government for the purpose of carrying out this title.
  ``(b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as are necessary for 
the Director to assist State and local governments to meet requirements 
under this title.''.
  (b) Conforming Amendment.--The first sentence of section 601 of such 
Act (42 U.S.C. 5195) is amended by inserting ``and title VII'' after 
``this title''.

SEC. 302. EMERGENCY MANAGEMENT ASSISTANCE COMPACT GRANTS.

  (a) In General.--The Director may make grants to administer the 
Emergency Management Assistance Compact authorized by Public Law 104-
321.
  (b) Uses.--A grant under this section shall be used--
          (1) to carry out recommendations identified in the emergency 
        management assistance compact after-action reports for the 2004 
        and 2005 hurricane season;
          (2) to administer compact operations on behalf of all member 
        States and territories;
          (3) to continue coordination with the Agency and other 
        appropriate Federal agencies; and
          (4) to continue coordination with State and local government 
        entities and their respective national organizations.
  (c) Authorization.--There is authorized to be appropriated to carry 
out this section $4,000,000 for each of fiscal years 2007, 2008, and 
2009. Such sums shall remain available until expended.

                       Purpose of the Legislation

    The purpose of H.R. 5316 is to reestablish the Federal 
Emergency Management Agency (FEMA) as a cabinet-level 
independent establishment in the executive branch that is 
responsible for the nation's preparedness for, response to, 
recovery from, and mitigation against all hazards. H.R. 5316 
also strengthens FEMA's capabilities and creates a 
comprehensive national emergency preparedness system.

                Background and Need for the Legislation

    Prior to the creation of the Federal Emergency Management 
Agency (FEMA), disaster preparedness, response, recovery, and 
mitigation responsibilities were fragmented and dispersed among 
over 15 different agencies and departments. Reacting to 
significant problems with the federal response to the Three 
Mile Island Nuclear Power Plant accident, President Carter 
established FEMA by Executive Order 12148 in 1979. The order 
created FEMA as an independent federal agency and for the first 
time aligned the responsibility for disaster management with 
the authorities necessary to accomplish that mission. To carry 
out this mission, FEMA trained first responders and emergency 
managers, provided grants to support emergency planning, 
supervised mitigation projects funded by the federal 
government, developed best practices in the area of 
preparedness, response, recovery, and mitigation, coordinated 
the federal response to disasters and emergencies, as well as 
many other activities in support of its mission.
    The Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. Sec. 5121 et. seq., as amended) 
(Stafford Act) integrates previous disaster acts and authorizes 
the president to direct federal agencies to save lives and 
protect property in support of state and local response 
efforts. FEMA has been delegated the responsibility for 
carrying out many of the authorities in the Stafford Act.
    Under a Stafford Act emergency or major disaster 
declaration, the president has broad authority to direct any 
federal agency to protect life and property or assist states in 
responding to a disaster. Additionally, the Stafford Act 
requires the president to designate a Federal Coordinating 
Officer (FCO) to coordinate response efforts in the field. 
Because the law provides the FCO directive authority, but not 
``command authority'', over other federal agencies, the FCO is 
not in a position to order personnel or command the operations 
of other departments, including the Department of Defense 
(DOD). Only the president has the command authority to promptly 
engage active duty military forces and achieve a unity of 
effort among the many federal agencies responding to a 
catastrophic disaster.
    The roles and responsibilities of each federal agency are 
defined in the National Response Plan (NRP), an all-discipline, 
all hazards plan that establishes a single, comprehensive 
framework for the management of domestic incidents. The NRP 
assigns federal responsibilities by Emergency Support Functions 
(ESFs). ESFs are groups of capabilities and resources that are 
most likely to be needed during an incident (e.g., 
firefighting, transportation, logistics, mass care, etc.). 
Under each ESF, there is one designated lead federal agency and 
several supporting agencies. The purpose of the NRP is to avoid 
confusion over the chain of command and roles and 
responsibilities during an incident.
    In practice, FEMA performs its coordination mission by 
detailing disaster management teams to state and local 
emergency operations centers where they establish a unified 
command structure with the various state agencies present. 
Under a unified command structure, FEMA personnel sit side-by-
side with their state counterparts, assist in the coordination 
of response activities, and task missions to various federal 
agencies upon the request of state officials, or during 
catastrophic disasters, in anticipation of state and local 
needs.
    FEMA does not have, and has never had, its own response 
assets. Rather, it directs the assets and personnel of other 
federal agencies to perform response missions. For example, 
while FEMA does not own helicopters or search and rescue teams, 
FEMA will task the Coast Guard or the military to perform water 
rescue missions. Further, FEMA does not have the authority to 
dictate how federal agencies perform their mission tasks; those 
operational decisions are made by the responding federal agency 
in accordance with the NRP and their own internal policies.
    In 1996, President Clinton designated FEMA as an agency in 
his cabinet. With this designation, not only did the director 
of FEMA report directly to the president, but he was also a 
cabinet member along with the heads of all other federal 
departments. FEMA remained a cabinet-level agency until 2001.
    The Homeland Security Act of 2002 (P.L. 107-296) (HSA) 
established the Emergency Preparedness and Response (EP&R) 
Directorate within the Department of Homeland Security (DHS) 
with FEMA comprising the bulk of the directorate. To lead EP&R, 
the HSA created an Under Secretary for Emergency Preparedness 
and Response with a direct reporting relationship to the 
Secretary of Homeland Security. The director of FEMA was named 
the Under Secretary for EP&R.
    With the creation of the department, FEMA no longer had a 
direct reporting relationship with the president. The Secretary 
of Homeland Security became the president's principal disaster 
advisor with the responsibility for utilizing his authority 
under the Stafford Act to direct all federal agencies, 
particularly DOD, to respond in a coordinated and expeditious 
fashion.
    The president's original proposal to create DHS 
consolidated all terrorism preparedness functions into FEMA's 
Office of National Preparedness. The intention was to provide 
one location for grants within DHS for state and local 
governments and achieve a unified approach to disaster 
response. Instead, the final bill split preparedness functions 
in DHS between FEMA and the Office of Domestic Preparedness 
(ODP), an organization with a strong law enforcement background 
and relationship with that community. Instead of consolidating 
preparedness functions, the HSA created two separate 
preparedness functions--one for terrorism and one for all other 
hazards. The emergency management community, including the 
National Emergency Management Association in a memorandum to 
its members, cautioned that the separation of the preparedness 
function from the other components of emergency management 
would impair response capabilities over time.
    The Full Committee's markup of the HSA, H.R. 5005, on July 
11, 2002, struck the provision from the underlying bill that 
included FEMA in DHS, thus keeping the agency independent. 
However, the rule accompanying H.R. 5005 reinstated the 
provision transferring FEMA to DHS into the base bill. 
Amendments to keep FEMA independent offered during 
consideration of H.R. 5005 on the House Floor were defeated.
    During the Floor debate on H.R. 5005, the Homeland Security 
Act of 2002, members of the Committee offered an amendment that 
would have kept the Federal Emergency Management Agency (FEMA) 
an independent agency, outside of the new Department of 
Homeland Security.
    During the debate the proponents of the amendment made it 
clear that they recognized the important role that FEMA would 
play in responding to terrorist attacks, yet they believed that 
the nation would be better served if FEMA remained independent. 
Thus, FEMA would continue to effectively serve the nation in 
times of a natural disaster, unencumbered by a new department 
whose sole focus is security related activities. It was clear 
that maintaining FEMA's independence will ensure that our 
nation's increased focus on terrorism preparedness, which is 
clearly important, will be in addition to, and not at the 
expense of FEMA's natural disaster program.
    The amendment failed. FEMA was merged into a larger DHS. 
Soon after, vacancies were left unfilled, programs suffered and 
FEMA began a series of reorganizations.
    Since the creation of DHS in 2002, FEMA has been 
reorganized three times. Each reorganization has resulted in a 
loss of programs and staff, resulting in the diminished FEMA 
that exists today.
    In the 2003 reorganization of DHS, FEMA's preparedness 
grants were transferred to ODP. This reorganization created the 
new Office for State and Local Government Coordination and 
Preparedness (SLGCP) and transferred ODP over to the new SLGCP. 
As part of this consolidation, the funding, personnel, and 
responsibility for administering the following programs were 
transferred out of FEMA to SLGCP:
           Assistance to Firefighters program
           Emergency Management Performance Grant 
        program
           First responder counter-terrorism training 
        assistance
           State and local all hazards emergency 
        operations planning
           Citizens Corps
           Interoperable communications equipment
           Community Emergency Response Teams
           Metropolitan Medical Response System (MMRS)
    Until this reorganization, FEMA's Preparedness Division 
assisted state and local governments in preparing for disasters 
through training programs, exercises, emergency planning, 
technical assistance, and grants. Emergency managers were 
concerned that this transfer would further distance 
preparedness from response, resulting in an ineffective and 
uncoordinated response and low agency morale.
    In December 2004, the National Response Plan (NRP) was 
released, establishing additional response coordinating 
structures outside of FEMA. The emergency management community 
expressed concerns about most of these newly created 
structures, finding them confusing and contradictory to 
previously established protocols. Ultimately, these new 
structures proved problematic or experienced difficulties 
achieving their intended purposes during the response to 
Hurricane Katrina. These concerns were also evident in an 
internal memorandum by emergency management professionals 
within FEMA.
    In July 2005, the reorganization component of DHS's second 
stage review (2SR) was announced. As part of 2SR, which became 
effective October 1, 2005, significant changes to DHS's 
structure, including extensive changes to the EP&R Directorate 
and FEMA were announced.
    Specifically, the EP&R Directorate was dismantled. The 
Director of FEMA continued to report to the Secretary of 
Homeland Security for response, recovery, and mitigation. 
FEMA's remaining preparedness functions were transferred to the 
newly created Preparedness Directorate. The FEMA components 
transferred included:
           U.S. Fire Administration (USFA)
           Hazardous Materials Training and Assistance 
        Program (HMTAP)
           Chemical Stockpile Emergency Preparedness 
        Program (CSEP)
           Radiological Emergency Preparedness Program 
        (REPP)
           BioShield Program
    The transfer of the remaining preparedness authorities out 
of FEMA arguably was the final step in the elimination of 
FEMA's preparedness mission. Again, the emergency management 
community cautioned that the proposed transfer of functions 
from FEMA would undermine its ability to respond to future 
disasters. The president of the National Emergency Management 
Association, the professional association of state emergency 
management officials, testified before the Transportation and 
Infrastructure Committee that separating preparedness from 
response and recovery would break emergency management's cycle 
of continuous improvement and result in a disjointed and 
ineffective response operation. Additionally, DHS's acting 
inspector general voiced reservations about segregating FEMA's 
preparedness function from its response and recovery 
responsibilities, noting that disaster preparedness, response, 
and recovery are integrally related, each relying on the other 
for success.

                           HURRICANE KATRINA

    It had long been known for years within the emergency 
management community, FEMA, the National Hurricane Center 
(NHC), and the state of Louisiana that a category 3 or larger 
hurricane would likely exceed the design of the New Orleans 
levee system and cause catastrophic flooding of the city and 
surrounding parishes. Because of the area's high risk and 
extreme vulnerability to a major storm, FEMA and Louisiana 
began a catastrophic hurricane planning project for Southeast 
Louisiana in 2003. As part of this effort, a planning exercise 
involving a fictitious category 3 storm called Hurricane Pam 
was developed to project the likely consequences of such a 
storm and develop contingency plans to address them. The 
exercise scenario was prescient, envisioning a storm with 
sustained winds of 120 mph, up to 20 inches of rain in parts of 
Southeast Louisiana, and storm surges that topped levees in the 
New Orleans area. Under the scenario, more than one million 
residents were evacuated and 500,000 to 600,000 buildings were 
destroyed.
    In July 2004, emergency officials from 50 parish, state, 
federal, and volunteer organizations faced this scenario during 
a five-day exercise held at the Louisiana State Emergency 
Operations Center (EOC) in Baton Rouge. One of the stated goals 
of the exercise was to help officials develop joint response 
plans for a catastrophic hurricane in Louisiana. Numerous 
action plans ranging from debris removal, sheltering and search 
and rescue were developed. FEMA, due to a lack of funding, was 
unable to participate in follow-up planning meetings.
    On August 23, 2005, the National Weather Service began 
tracking a tropical depression, which would become Hurricane 
Katrina. On August 25, Katrina made landfall in South Florida 
as a Category 1 storm, with sustained winds over 75 mph. It 
took seven hours for the storm to cross Florida, droppingas 
much as 15 inches of rain in some parts of South Florida, causing some 
home damage and extensive power outages.
    Once the storm reached the Gulf of Mexico, it intensified 
and sped up, achieving Category 3 status with sustained wind 
speeds exceeding 111 mph on August 26. The NHC accurately 
predicted the course and strength of Hurricane Katrina as early 
as 56 hours prior to landfall. On August 28, one day before its 
second landfall, Katrina became a Category 5 hurricane, with 
wind speeds in excess of 150 mph. However, as the storm moved 
into shallower waters closer to land, wind speeds decreased 
such that Katrina was downgraded to a Category 4 hurricane.
    Katrina eventually made landfall in Southeastern Louisiana 
with sustained winds over 125 mph at the eye of the storm, and 
wind gusts over 100 mph in the City of New Orleans, just west 
of the eye of the storm. Katrina also brought with it rainfall 
exceeding 8-10 inches over much of the storm's path. Damage 
directly from the storm was felt in Louisiana, Mississippi, 
Alabama, Georgia, Florida, and Tennessee, though Louisiana and 
Mississippi received the brunt of the storm. It left in its 
wake devastation never before seen in either size or type in 
the United States. Covering an area estimated to be near 90,000 
square miles, the storm ravaged four states, caused damage in 
several others, and impacted the entire country.
    While neither the most powerful, nor most deadly storm to 
hit the United States, its combined wind speed, storm surge, 
flooding effect, and deadliness make it one of the worst 
natural disasters in American history. Katrina exacted enormous 
human suffering, leaving more than 1,300 people dead and 
resulting in billions of dollars in property damage.
    There have been multiple investigations, including those by 
the Select Committee to Investigate the Preparation for and 
Response to Hurricane Katrina of the House of Representatives, 
the Committee on Homeland Security and Governmental Affairs of 
the Senate, the General Accountability Office, the Inspector 
General of DHS, and the Homeland Security Council established 
by the president, into the response to Hurricane Katrina. These 
investigations identified the magnitude of the storm, failures 
of leadership, and a flawed disaster management system at all 
levels of government as reasons for the inadequate government 
response. In general, these reviews include the following 
findings:
     In particular, failures at all levels of 
government significantly undermined and detracted from the 
heroic efforts of emergency responders, private individuals and 
organizations, faith-based groups, and others who struggled to 
assist the people of the Gulf Coast.
     Hurricane Katrina revealed that the nation, in 
general, and DHS, in particular, is unprepared for a major 
natural disaster, accident, or terrorist attack.
     The creation of DHS placed an additional layer of 
management and response authority between the president and 
FEMA, marginalizing the authority of the Director of FEMA.
     During the response to Hurricane Katrina, DHS 
executed important elements of the National Response Plan late, 
ineffectively, or not at all.
     The competing priorities of the terrorism 
prevention mission of DHS and the disaster management mission 
of FEMA significantly contributed to the rapid decline of 
FEMA's capability to coordinate the federal response to 
Hurricane Katrina.
     The transfer of FEMA's preparedness grants and 
functions to other entities of DHS, FEMA's tremendous loss of 
experienced professional personnel, and the reduction of FEMA's 
funding for equipment, training, and exercises made FEMA's 
inadequate performance in the face of a disaster the size of 
Hurricane Katrina all but inevitable.
     While some federal departments and agencies, such 
as the Coast Guard, performed admirably, others were 
inadequately prepared for Hurricane Katrina and executed their 
responsibilities under the National Response Plan poorly.
     The preparedness level and capabilities of state 
and local governments to respond to Hurricane Katrina varied 
tremendously. Some responded effectively while others struggled 
to evacuate their populations or conduct effective response 
operations.
     The federal government has spent more than 
$15,000,000,000 on first responder grants since 2001, but the 
nation's core emergency management capabilities have improved 
little and even declined in some important respects. Federal 
homeland security grant programs inadvertently divided what was 
once a single, all hazards preparedness system into 
artificially separate preparedness categories of terrorism and 
other disasters.
    The Committee on Transportation and Infrastructure has 
concluded that comprehensive reform of the nation's emergency 
management system is necessary to address the dangers presented 
by major disasters and emergencies of all kinds. The nation's 
emergency management system is based on the following general 
principles: (1) incidents are best managed by the level of 
government closest to the incident; (2) federal assistance is 
provided in support of state governments; and (3) military 
assistance is provided in support of civil authorities.
    Large disasters require presidential involvement to lead 
the federal response and mobilize the assets of the entire 
federal government, particularly DOD assistance, and the 
president needs solid professional advice in preparing for and 
responding to a disaster to make the right decisions. Preparing 
for and responding to disasters, regardless of the cause, must 
be the top priority of the organization responsible for 
disaster management. The coordination of preparedness and 
planning to reduce the consequences of all hazards, including 
terrorism, is and has always been part of FEMA's primary 
mission. FEMA should be reestablished as an independent 
cabinet-level agency to coordinate the federal response on 
behalf of the president and to lead the nation's efforts to 
improve the nation's all hazards emergency management system. 
Establishing FEMA as an independent agency will enable DHS to 
refocus efforts on preventing terrorism and free FEMA from 
internal competition with the terrorism prevention entities of 
DHS for resources and personnel. The four elements of 
comprehensive emergency management (preparedness, response, 
recovery, and mitigation) must be closely integrated and 
managed within FEMA.
    FEMA's assets and capabilities to coordinate the federal 
response to a catastrophic disaster must be restored and 
enhanced. In particular, FEMA's professional workforce and its 
incident command, communications, and logistics capabilities 
must be improved.
    The tension between the nation's all hazards emergency 
management system and terrorism preparedness must be resolved. 
An all hazards approach fully addresses terrorism, but 
preparing for terrorism alone does not address all aspects of 
the other hazards. Governments at all levels have historically 
analyzed past disaster responses by participating in lessons-
learned exercises, yet too often have failed to act upon 
recommendations necessary to produce a more effective and 
efficient response to future disasters. Congress should ensure 
that the federal government, in coordination with professional 
stakeholders and state and local governments, establish an all 
hazards, comprehensive national emergency preparedness goal and 
system that will--(1) ensure a consistent approach to domestic 
incident management; (2) establish target capabilities that 
each level of government should possess or to which it should 
have access; (3) direct resources to filling capability gaps 
and regularly assess the nation's preparedness level; and (4) 
ensure that lessons learned and best practices are fully 
incorporated into the further development of the emergency 
preparedness system.

                       Summary of the Legislation

Section 1. Short title; table of contents

    This section provides that the short title for the 
legislation is the ``Restoring Emergency Services to Protect 
Our Nation from Disasters Act of 2006'' or the ``RESPOND Act of 
2006'' and provides a table of contents.

Section 2. Findings

    This section contains a number of congressional findings.

Section 3. Definitions

    This section defines terms applicable to the Act. This 
section adopts the definition of emergency preparedness set 
forth in section 602 of the Stafford Act. Further, the 
definition of mission assignment in this section is consistent 
with FEMA regulations at 44 CFR 206.5, 206.7 and 206.8.

             TITLE I--ESTABLISHMENT OF AN INDEPENDENT FEMA

            Subtitle A--Federal Emergency Management Agency

Sec. 101. Establishment of agency

    This section establishes the Federal Emergency Management 
Agency (FEMA) as a cabinet-level independent agency in the 
executive branch. This section also states the primary mission 
of FEMA is to reduce the loss of life and property from all 
hazards by leading the nation in a risk-based, comprehensive 
emergency management system of preparedness, response, 
recovery, and mitigation. This mission would restore 
comprehensive emergency management within FEMA by reuniting 
emergency preparedness with response, recovery and mitigation.

Sec. 102. Responsibilities

    This section describes FEMA's responsibilities, including 
the responsibility for all functions and authorities of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(Stafford Act), and functions related to carrying out its 
mission, and leading the federal government's programs for 
continuity of government, plans, and operations. Section 102 
also provides that FEMA is the lead agency for the National 
Response Plan (NRP) and directs FEMA to revise the NRP.
    In carrying out the preparedness responsibilities under 
this section, the Committee calls on FEMA to meet annually with 
state and local officials of the State of New York to address 
concerns regarding emergency planning and preparation for the 
Indian Point Energy Center, a nuclear power facility in 
Buchanan, New York, and report to Congress on the results of 
such meetings. FEMA should also report annually to Congress on 
the Agency's justification for the emergency plans for the 
region surrounding the Indian Point Energy Center, and 
incorporate into those reports how the Agency has addressed 
concerns regarding the emergency plans raised by state and 
local officials of the State of New York.

Sec. 103. Director; deputy director

    This section describes the qualifications for the director 
and deputy director of the agency. The director is appointed to 
a five year term by the president, by and with the advice and 
consent of the Senate, and must have extensive experience in 
emergency management. Section 103 also provides that the deputy 
director will be appointed by the director from the competitive 
service and must have extensive experience in emergency 
management.

Sec. 104. Office of the Inspector General

    This section ensures that the agency will have an Office of 
the Inspector General.

Sec. 105. Transfer of functions

    This section describes functions transferred from the 
Department of Homeland Security to the agency. The transfer of 
functions is based upon the purpose and mission of existing DHS 
functions. Emergency management functions related to preparing 
for, responding to, recovering from, and mitigating against all 
hazards are transferred to FEMA. This transfer includes the 
functions of the Preparedness Directorate, other than those 
functions relating to law enforcement efforts to prevent and 
deter acts of terrorism, protect critical infrastructure, and 
conduct intelligence activities. The functions transferred in 
this section include some grant programs. However, this bill 
does not alter the purpose, allocation schemes, recipient 
eligibility or uses of funds under existing grant programs. The 
following list is illustrative of the types of grants 
transferred under this section: Emergency Management 
Performance Grant Program, Assistance to Firefighters Grant 
Program, Citizen Corps Program, and Metropolitan Medical 
Response System. Section 105 requires the transfer be completed 
no later than February 1, 2007, well before the start of 2007 
hurricane season. The section also establishes a liaison office 
to ensure coordination with DHS. The liaison office will also 
work with the Department of Justice and other federal agencies 
as appropriate.

Sec. 106. Personnel and other transfers

    This section provides the FEMA director with the authority 
to appoint officers and employees, use experts and consultants, 
and delegate functions to officers and employees of the agency. 
Section 106 also provides the director reorganization 
authority, authority to prescribe rules and regulations, and 
authority to transfer allocations of appropriations, personnel, 
and other incidentals.

Sec. 107. Savings provisions

    This section guarantees the continuation of legal documents 
associated with functions transferred from DHS to FEMA. Section 
107 also ensures that proceedings and suits are not affected by 
the transfer of functions.

Sec. 108. Conforming and technical amendments

    This section contains technical and conforming amendments. 
It also establishes a Chief Financial Officer for the agency. 
Section 108 also requires the agency to submit recommendations 
to Congress containing technical and conforming amendments to 
reflect changes made by this title.

       Subtitle B--Federal Emergency Management Agency Personnel

Sec. 121. Workforce development

    This section requires the director to develop a workforce 
strategy and a stronger reserve workforce. The reserve 
workforce is a valued part of the emergency management system--
providing FEMA with a readied and skilled pool of personnel who 
work whenever and wherever an emergency strikes. The Committee 
does not want their knowledge and experience or willingness to 
serve to be underutilized. The Committee believes, therefore, 
that the director should study the reserve force of the 
military as an example of a highly skilled and trained ready 
reserve workforce and should consider as part of building a 
stronger reserve workforce, exploring reserve workforce 
employment and reemployment rights. This section also 
authorizes recruitment and retention bonuses to ensure FEMA has 
the personnel with the expertise and experience to carry out 
its day-to-day activities as well as the ability to surge 
during a disaster.

                      TITLE II--STRENGTHENING FEMA

Sec. 201. Catastrophic planning program

    This section amends the Stafford Act to establish a program 
to assist federal agencies, states, and local governments in 
the development of a comprehensive catastrophic planning 
program. Sites are to be selected based on the substantial risk 
for a catastrophic incident and the need to perform additional 
preparedness activities to ensure an effective response and 
recovery.

Sec. 202. Emergency response teams

    This section amends the Stafford Act to require the 
establishment of a minimum of three national response teams and 
sufficient regional and other response teams as necessary for 
FEMA to fulfill its incident coordination functions. Teams are 
tied to Target Capability Levels and require dedicated 
communications equipment, training, exercise, and readiness 
drills and reporting requirements.

Sec. 203. Emergency operations centers

    This section requires FEMA to maintain and operate a 
national emergency operations center and regional emergency 
operations centers to support response operations. Section 203 
also requires the establishment of target capabilities for the 
emergency operations centers, sufficient numbers of qualified 
staff, and reporting on the readiness of the emergency 
operations centers.

Sec. 204. Logistics

    This section requires development of a 21st Century FEMA 
logistics system to ensure efficient, transparent, and flexible 
procurement and delivery of goods necessary for an effective 
and timely response to major disasters and other emergencies. 
Section 204 also requires development of the logistics system 
through the assistance of other federal agencies and encourages 
states and local governments to establish contracts for 
disaster relief supplies in advance of major disasters and 
other emergencies.

Sec. 205. Pre-positioned equipment program

    This section requires the director to notify state and 
local officials at least 60-days prior to the closing of any 
pre-positioned equipment program location. Section 205 also 
provides a sense of Congress that the pre-positioned equipment 
program is an important tool and should be fully funded for a 
minimum of 11 locations.

Sec. 206. Communications

    This section requires the director to establish the 
communications capability necessary to gain and retain incident 
management communications during major disasters and 
emergencies. Section 206 also requires the director to 
establish self-sustaining reconnaissance teams to improve 
situational awareness.

Sec. 207. Emergency equipment assistance

    This section amends the Stafford Act by adding Section 630. 
Section 630 creates an emergency equipment grant program under 
the direction of the FEMA director to improve response 
capabilities of states and local governments in the event of a 
major disaster or other emergency. The grant program is 
intended to provide grants to state and local governments for 
the purchase or improvement of emergency communications systems 
to facilitate operability, interoperability, and better 
coordination between emergency communication systems, including 
satellite phones and satellite communication equipment. Grants 
through this program are also available to purchase mobile 
equipment to generate emergency power and train first 
responders and emergency personnel on the communication and 
mobile power equipment. Technical assistance related to the 
procurement, installation and use of this equipment is also 
allowable as needed by the states and local governments. The 
program is authorized to be appropriated $200,000,000 for 
fiscal years 2007, 2008, and 2009.

Sec. 208. Oversight and accountability of Federal disaster expenditures

    This section ensures that federal agencies exercise 
sufficient stewardship over the funds provided to them through 
mission assignments for disaster response, relief, and recovery 
activities by allowing the FEMA director to designate up to one 
percent of the final cost of mission assignments provided to 
federal agencies to be used to perform oversight activities to 
prevent fraud, waste, and abuse and to detect and pursue 
prosecution of fraud so that taxpayers' interests are fully 
protected. Oversight activities may include financial or 
performance audits. For purposes of this section, financial 
audits are those audits which provide information about 
internal control, compliance with laws and regulations, and 
provisions of contracts and grant agreements as they relate to 
financial transactions, systems, and processes. Performance 
audits are those audits which provide an independent assessment 
of the performance and management of government programs 
against objective criteria or an assessment of best practices 
and other information intended to improve program operations, 
facilitate decision-making by parties with responsibility to 
oversee or initiate corrective actions, and contribute to 
public accountability. The term performance audit also includes 
work sometimes classified by audit organizations as program 
evaluations, program effectiveness and results audits, economy 
and efficiency audits, operational audits, and value-for-money 
audits. The section also requires agencies to develop oversight 
plans and to report to the appropriate committees of Congress 
on their use of oversight funds, the activities conducted, and 
the results achieved.

Sec. 209. Nondiscrimination in disaster assistance with respect to 
        English proficiency

    This section ensures that persons with limited English 
proficiency are not discriminated against in the receipt of 
disaster assistance by adding ``English proficiency'' to 
section 308(a) of the Stafford Act. Section 209 requires the 
director of FEMA to identify, in coordination with state and 
local governments, population groups with limited English 
proficiency. The director shall take into account such groups 
in disaster planning; ensure major disaster or emergency 
related materials are translated and made available; and 
develop and maintain a clearinghouse of model language 
assistance programs and best practices for state and local 
governments.

         TITLE III--COMPREHENSIVE EMERGENCY PREPAREDNESS SYSTEM

Sec. 301. National emergency preparedness

    This section amends the Stafford Act to include a new Title 
VII entitled ``Comprehensive Emergency Preparedness System.'' 
This new title establishes in law the major elements of the 
National Emergency Preparedness System (NEPS) as part of an 
all-hazards, comprehensive emergency management system. 
Although this title is focused on ensuring preparedness of 
federal, state and local governments, the Committee believes 
that FEMA should continue its work in helping individuals 
prepare for disasters. FEMA should continue helping individuals 
by providing information about hazards and emergencies, 
personal emergency plans, and personal preparedness kits. FEMA 
should continue to provide recommendations on the contents of 
personal preparedness kits, such as first aid supplies, food, 
water, self-powered radios (whether powered by battery or 
crank), and flashlights.
    Under this section, the president is responsible for 
establishing the NEPS; the FEMA director would lead the 
preparedness efforts related to response, recovery, and 
mitigation. This section codifies HSPD-8 with some 
modifications. Nothing in this section precludes the president 
from including a prevention component in the NEPS and 
designating an official as the lead for that component. The 
NEPS will ensure a consistent approach to domestic incident 
management; establish target capabilities for each level of 
government; identify resource needs to fill existing capability 
gaps and regularly assess the nation's preparedness level; and 
ensure lessons learned and best practices are fully 
incorporated into the further development of the NEPS. More 
specifically, section 301 adds the following sections to the 
Stafford Act:

         TITLE VII--COMPREHENSIVE EMERGENCY PREPAREDNESS SYSTEM

Sec. 701. Definitions

    This section clarifies that the definitions contained in 
section 602 of the Stafford Act apply to this Title and defines 
additional key terms and phrases used in this title.

Sec. 702. National emergency preparedness goal

    This section requires the president, acting through the 
FEMA director, to develop an all-hazards, national emergency 
preparedness goal. The goal will define the target level of 
emergency preparedness to ensure the nation's ability to 
respond to, recover from, and mitigate against the effects of 
all hazards, including major disasters and other emergencies. 
The goal should be consistent with both the NIMS and the NRP.

Sec. 703. National emergency preparedness system

    This section requires the president, acting through the 
FEMA director, to establish the NEPS and its major components 
to ensure the nation is prepared to respond to, recover from, 
and mitigate against the effects of all hazards, including 
major disasters and other emergencies.

Sec. 703(b)(1). National planning scenarios

    This section authorizes the director to develop planning 
scenarios. If the director chooses to develop planning 
scenarios, section 703(b)(1) requires planning scenarios to 
reflect the relative risk and requirements presented by all 
hazards.

Sec. 703(b)(2). Target capabilities and emergency preparedness 
        priorities

    This section requires the director to lead the effort to 
update and revise guidelines that define the risk-based target 
capabilities for federal, state, and local government emergency 
preparedness for all hazards, including major disasters and 
other emergencies. These guidelines are to be provided promptly 
to Congress and the states, and the states are encouraged to 
make the guidelines available to local governments within their 
jurisdiction. The guidelines must meet three main objectives--
specificity, flexibility, and measurability--that will ensure 
they are usable by their recipients. In establishing the 
guidelines, the director must establish priorities that 
appropriately balance the risk of all hazards with the 
resources required to respond to, recover from and mitigate 
against them. Additionally, this section authorizes the 
director to provide support for the development of mutual aid 
agreements within states.

Sec. 703(b)(3). Equipment

    This section requires the director to develop, promulgate, 
and update national voluntary consensus standards for first 
responder equipment. The standards must encourage and support 
nationwide interoperability and operability, protect the safety 
and health of first responders, be consistent with existing 
standards, utilize where possible existing federal 
certifications, be updated to meet new threats, and focus on 
maximizing usability. Initial standards are required to be 
promulgated not later than 180 days after enactment of the 
RESPOND Act. In developing these standards, the director is 
required to consult with relevant public and private sector 
groups.

Sec. 703(b)(4). Training and exercises

    This section requires the director to establish a 
comprehensive training program and training standards for all 
levels of government. The training program is required to be 
established not later than 180 days after enactment of the 
RESPOND Act.
    Additionally, this section requires the director to 
establish a coordinated multi-year exercise program for 
achieving capabilities and objectives. The program is to 
include risk-based scenarios that push the emergency management 
system to its limit, reinforce training standards, evaluate 
emergency preparedness, and support the national emergency 
preparedness goal, NIMS and NRP.

Sec. 703(b)(5). Comprehensive assessment system

    This section requires the director to establish a system of 
performance metrics and measures to assess the nation's overall 
emergency preparedness. The director is required to develop 
each component of the NEPS, NIMS, and NRP with clear and 
quantifiable performance metrics and measures. The system is 
required to assess compliance with the NEPS, NIMS, and NRP; 
current capability levels against their target levels; the 
resources needed to reach target capability levels; and the 
performance of training, exercises, and operations.

Sec. 703(b)(6). Best practices, after-action reviews, and remedial 
        action program

    This section requires the director to establish a system 
for identifying best practices and conducting after action 
reviews of incidents and exercises and for taking remedial 
actions to ensure the components of the NEPS are refined on a 
continual basis.

Sec. 703(b)(7). Federal response capability inventory

    This section requires the director to work with other 
federal agencies to develop a federal response capability 
inventory. The inventory will include performance parameters, 
the timeframe for activation, and readiness level of the 
capability. Section 703(b)(7) also requires the director to 
coordinate with DOD to develop a list of available emergency 
assistance related organizations and functions available to 
assist civil authorities during a major disaster or emergency.

Sec. 703(b)(8). Report requirements

    This section establishes NEPS reporting requirements for 
both federal and state governments. Section 703(b)(8) requires 
annual reports on the nation's level of preparedness, including 
state capabilities, the readiness of federal civil response 
assets, and the utilization of mutual aid. Annual reports are 
required from any state receiving assistance through section 
709.

Sec. 704. National incident management system

    This section establishes in law the National Incident 
Management System (NIMS) as the nation's consistent approach to 
domestic incident management for all hazards, ensuring that all 
levels of government across the nation have the capability to 
work efficiently and effectively together. Section 704 also 
designates the FEMA director as responsible for all aspects of 
NIMS, including NIMS completion and coordination, 
implementation, maintenance, and revision.

Sec. 705. National response plan

    This section designates the FEMA director as responsible 
for all aspects of the NRP and requires the director to lead an 
effort to revise the NRP to provide clarity, establish a 
protocol for a proactive federal response in support of a state 
to a catastrophic disaster, and ensure integration with NIMS. 
Section 705 also requires the director to develop pre-scripted 
NRP mission assignments with major federal agencies, 
particularly DOD, for important areas such as communications, 
logistical support, and mass care to expedite interagency 
requests.

Sec. 706. Federal emergency preparedness

    This section requires the president to ensure federal 
agencies comply with NIMS and the NRP and establish and 
maintain their target levels of emergency management 
capabilities. Section 706 does not apply to DOD to avoid 
conflict with existing DOD chain of command structures.

Sec. 707. National emergency preparedness task force

    This section establishes a task force that ensures 
effective and ongoing coordination of federal emergency 
management with state and local governments and private sector 
entities. The task force members are selected from elected 
officials and from national, state, and local emergency 
management and first responder organizations, and should 
include the Emergency Management Accreditation Program and 
state Adjutant Generals. Section 707 will assist in the 
incorporation of professional state and local input at all 
stages of the NEPS development, particularly during the early 
stages.

Sec. 708. National incident management system and national response 
        plan integration center

    This section authorizes the NIMS and NRP Integration 
Center. Section 708 will ensure completion, implementation, 
maintenance, and revision of NIMS and the NRP.

Sec. 709. Authorization

    This section authorizes a new grant program to assist state 
and local governments in implementation of the NEPS.

Sec. 302. Emergency management assistance compact grants

    This section authorizes the director to provide assistance 
to the Emergency Management Assistance Compact (EMAC). These 
grants shall be used to carry out recommendations from past 
EMAC After-Action Hurricane Reports and assist continued 
coordination between federal agencies and the states.

            Legislative History and Committee Consideration

    Since DHS was created in 2002, the Committee has held a 
number of hearings to assess how FEMA was being integrated into 
DHS and determine whether its disaster response mission was 
diminished in the new Department.
    On March 18, 2004 the Subcommittee on Economic Development, 
Public Buildings and Emergency Management (the Subcommittee) 
held a hearing on the FY 2005 Budget Request for the Department 
of Homeland Security's Emergency Preparedness and Response 
Directorate (EP&R), the Office of Domestic Preparedness (ODP), 
and First Responder Funding. The hearing also explored how the 
Administration's budget request interacts with its policy 
directives as well as how these policy directives serve to 
prepare the nation for all the hazards that it faces. The 
Subcommittee heard from Michael Brown, then-Undersecretary for 
Emergency Preparedness and Response at the Department of 
Homeland Security. This hearing explored whether the budget 
request by the Administration accurately reflected its stated 
policy to pursue an all-hazards preparedness plan at the 
federal level. Mr. Brown assured the Subcommittee that the 
Department was pursuing an all-hazards strategy, and testified 
that the budget request furthers that policy by providing 
funding to terrorism preparedness in a manner that supports the 
all-hazards principle.
    On May 13, 2004, the Subcommittee held a hearing entitled, 
``How to Best Prepare for Acts of Terror: National Preparedness 
and Funding for First Responders.'' At this hearing, the 
Subcommittee heard from William Jenkins, Director of the 
Homeland Security and Justice Division at the General 
Accounting Office; Andrew Mitchell, Deputy Director of the 
Office of Domestic Preparedness at DHS; and George Foresman, 
Assistant to the Governor for Commonwealth Preparedness for the 
Commonwealth of Virginia. At this hearing, the Subcommittee 
discussed the delay in funding for first responders and further 
information on the choice between an all-hazard or terrorism 
specific preparedness and response system. Andrew Mitchell and 
George Foresman both supported the implementation of an all-
hazards system as being the preferred means of protecting 
America.
    On April 14, 2005, the Subcommittee held a hearing on ``The 
National Preparedness System: What Are We Preparing For?'' At 
this hearing, the Subcommittee heard from Corey D. Gruber, 
Associate Director of the Office of Domestic Preparedness at 
DHS, Gil Jamison, Director of the National Incident Management 
System Integration Center of DHS, David E. Liebersbach, 
President of the National Emergency Management Association and 
Director of the Division of Homeland Security & Emergency 
Management for the State of Alaska, Chief John Buckman, Past 
President for the International Association of Fire Chiefs, 
Captain John P. Salle, International Association of Chiefs of 
Police, Armond Mascelli, Vice President of Emergency Response 
for the American Red Cross, and Dewayne West, Vice Chairman, 
Emergency Management Accreditation Program Commission, 
President of the International Association of Emergency 
Managers, and Director of Emergency Management for Johnson 
County, North Carolina.
    In October and November of 2005, the Subcommittee held a 
series of hearings in connection with Hurricane Katrina. These 
hearings focused on the many different aspects of the response 
and recovery of the Gulf region. On October 6, 2005, the 
Subcommittee held an oversight hearing to examine FEMA's 
ability to manage a successful recovery of the region. On 
October 18, the Subcommittee held a joint hearing with the 
Subcommittee on Water Resources and Environment on options for 
and the feasibility of rebuilding New Orleans. On November 3, 
2005, the Subcommittee held a hearing to consider legislative 
proposals relating to Hurricane Katrina recovery operations.
    On February 16, 2006, the Full Committee held a hearing 
entitled ``Disasters and the Department of Homeland Security: 
Where Do We Go From Here?'' At this hearing the Committee heard 
from DHS Secretary Michael Chertoff. At this hearing, the 
Committee discussed the key findings of the federal 
government's inadequate response to Hurricane Katrina and DHS's 
perspective on improving emergency management capabilities and 
readiness at the federal, state, and local levels. Shortly 
after this hearing, both Republicans and Democrats on the 
Committee submitted written Questions for the Record to 
Secretary Chertoff. However, despite establishing deadlines in 
April 2006 for the written responses to those questions to be 
submitted to the Committee, and despite repeated requests that 
the responses be submitted, the Committee has yet to receive 
the responses from Secretary Chertoff.
    In February 2006, the Subcommittee held a series of field 
hearings to seek state and local government input for improving 
the federal government's capability and readiness in responding 
to catastrophic disasters and to discuss how to enhance state 
and local response capabilities. On February 23, 2006, the 
Subcommittee held a field hearing in Whittier, California 
entitled ``The Big One . . . How Do We Ensure A Robust Federal 
Response To A Catastrophic Earthquake In The Los Angeles 
Region?'' At this hearing, the Subcommittee heard from Dr. Lucy 
Jones, U.S. Geological Survey, Ellis M. Stanley, Sr., CEM, City 
of Los Angeles Emergency Preparedness Department, Ann-Marie 
Hayashi, City of Whittier Emergency Services, and Henry 
Renteria, Director, California Office of Emergency Services. On 
February 24, 2006, the Subcommittee held a field hearing in St. 
Louis, Missouri entitled ``How Do We Ensure a Robust Federal 
Response to a Catastrophic Earthquake in the New Madrid 
Region?'' At this hearing, the Subcommittee heard from Jim 
Wilkinson, Central United States Earthquake Consortium, Dr. 
Eugene ``Buddy'' Schweig, U.S. Geological Survey, Michael S. 
Pawlowski, Federal Emergency Management Agency, Ronald 
Reynolds, Director, Missouri State Emergency Management Agency, 
William C. Burke, Director, Illinois Emergency Management 
Agency, and the Honorable James Talent, U.S. Senator, Missouri.
    On May 9, 2006, Mr. Young of Alaska, Mr. Oberstar, Mr. 
Davis of Virginia, Mr. Shuster and Ms. Norton introduced H.R. 
5316, which was referred to the Committee on Transportation and 
Infrastructure. The legislation was also referred to the 
Committees on Homeland Security and Government Reform for a 
period to be subsequently determined by the Speaker and for 
consideration of the provisions within each committee's 
respective jurisdiction.
    On May 17, 2006, the Full Committee met in open session to 
consider H.R. 5316. A manager's amendment offered by Mr. 
Shuster was adopted by voice vote, with a quorum present. A 
motion by Mr. Shuster to order H.R. 5316, as amended, favorably 
reported to the House was unanimously agreed to by the Full 
Committee by voice vote with a quorum present. There were no 
recorded votes taken during Committee consideration of H.R. 
5316.

                             Rollcall Votes

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each rollcall vote on a motion to 
report and on any amendment offered to the measure or matter, 
and the names of those members voting for and against. There 
were no recorded votes taken in connection with ordering H.R. 
5316.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance With House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included below.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objective of this legislation are to 
establish FEMA as an independent cabinet level agency, greatly 
strengthen FEMA, and create a national system to improve 
emergency preparedness at all levels of government to resolve 
issues brought to light by Hurricane Katrina and the subsequent 
investigations into the preparedness and response to Hurricane 
Katrina to ensure successful response to future disasters.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
5316 from the Director of the Congressional Budget Office.
                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, June 2, 2006.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed revised cost estimate for H.R. 5316, the 
Restoring Emergency Services to Protect Our Nation from 
Disasters Act of 2006. This estimate supersedes the initial 
cost estimate transmitted on May 24, 2006. The new estimate 
corrects an error that CBO made in its previous estimate for 
H.R. 5316.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Julie 
Middletown.
            Sincerely,
                                          Donald B. Marron,
                                                   Acting Director.
    Enclosure.

H.R. 5316--Restoring Emergency Services to Protect Our Nation from 
        Disasters Act of 2006

    Summary: H.R. 5316 would remove the Federal Emergency 
Management Agency (FEMA) from the Department of Homeland 
Security (DHS) and make it a cabinet-level agency reporting 
directly to the President of the United States. FEMA had a 
similar status prior to the formation of DHS in 2003. Under the 
bill, DHS's responsibilities for ensuring the nation is 
prepared to respond to man-made and natural disasters would be 
transferred to FEMA. The bill also would authorize FEMA to 
coordinate an all-hazards emergency management system that 
includes federal government activities related to preparedness, 
response, recovery, and mitigation for terrorism, natural 
disasters, and other emergencies.
    The bill would authorize the appropriation of $804 million 
over the 2007-2009 period for a catastrophe planning program, 
emergency equipment grants for states, grants to administer an 
existing emergency assistance compact among states, and 
management funds for the National Incident Management System 
(NIMS), which is managed by FEMA. In addition, the bill would 
authorize the appropriation of such sums as necessary for a new 
grant program for state and local governments to help them meet 
planning requirements under the National Emergency Preparedness 
System (NEPS).
    Assuming appropriation of the necessary and specified 
amounts, CBO estimates that implementing H.R. 5316 would cost 
about $1.1 billion over the 2007-2011 period. Enacting this 
legislation would not affect direct spending or revenues.
    H.R. 5316 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
Assuming the appropriation of authorized amounts, state and 
local governments would benefit from more than $1 billion in 
grants to improve emergency preparedness, plan for catastrophic 
incidents, and purchase emergency equipment. Any costs incurred 
by those governments would be conditions of receiving federal 
assistance.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 5316 is shown in the following table. 
The costs of this legislation fall within budget functions 450 
(community and regional development) and 550 (health).

------------------------------------------------------------------------
                                      By fiscal year, in millions of
                                                 dollars--
                                 ---------------------------------------
                                   2007    2008    2009    2010    2011
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
FEMA Consolidation Costs and
 Ongoing Administration:
    Estimated Authorization           17      17      17      17      17
     Level......................
    Estimated Outlays...........      15      17      17      17      17
Grants for NEPS Implementation:
    Estimated Authorization          100     102     104     106     107
     Level......................
    Estimated Outlays...........      10      47      79     102     104
Emergency Equipment Assistance
 Grants:
    Authorization Level.........     200     200     200       0       0
    Estimated Outlays...........      20      94     156     156      82
Emergency Management Assistance
 Compact Grants:
    Authorization Level.........       4       4       4       0       0
    Estimated Outlays...........       0       2       3       3       2
Catastrophe Planning Program:
    Authorization Level.........      30      32      34       0       0
    Estimated Outlays...........      14      23      29      18       8
National Incident Management
 System:
    Authorization Level.........      30      32      34       0       0
    Estimated Outlays...........      14      23      29      18       8
Total Changes:
    Estimated Authorization          381     387     393     123     124
     Level......................
    Estimated Outlays...........      73     206     313     314     221
------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
5316 will be enacted near the start of fiscal year 2007 and 
that the necessary amounts will be appropriated over the 2007-
2011 period. CBO estimates that implementing this bill would 
cost about $1.1 billion over the 2007-2011 period, assuming 
appropriation of the necessary funds. Those costs represent 
estimated expenditures for activities that H.R. 5316 would 
authorize but do not include continuing costs for other FEMA 
programs, such as disaster relief--with outlays that fluctuate 
significantly from year-to-year, depending on the need to 
respond to disasters.

FEMA programs and current spending

    H.R. 5316 would establish FEMA as a separate agency from 
the Department of Homeland Security and would add to its 
responsibilities most of the functions currently assigned to 
the Preparedness Directorate of DHS. Under current law, FEMA's 
primary responsibilities are to respond to all types of 
disasters, mitigate the damage of future disasters, and help 
communities recover after a disaster. Most of the spending for 
these activities comes out of the Disaster Relief Fund. To help 
the Gulf Coast recover from the 2005 hurricanes, for example, 
over $60 billion was initially appropriated to the fund, though 
over $20 billion was eventually reallocated to other federal 
programs that were engaging in disaster recovery efforts 
related to the hurricanes. On balance, CBO estimates that 
disaster relief spending will total well over $20 billion in 
fiscal year 2006. (In contrast, such spending totaled about $12 
billion in fiscal year 2005 but averaged much less than those 
amounts prior to 2005.) In addition, FEMA manages the National 
Flood Insurance Program. CBO estimates that spending for flood 
insurance claims will exceed $20 billion in fiscal year 2006. 
The bill would not change FEMA's responsibilities for providing 
such disaster assistance or for paying flood insurance claims.
    Under H.R. 5316, FEMA would add ``preparedness'' to its 
list of authorized activities. Under current law, the 
Preparedness Directorate of the DHS administers most of the 
grant and training programs that benefit state and local 
governments by helping them prepare for future terrorist 
attacks, natural disasters, or other emergencies. In 2006, the 
Congress appropriated more than $3 billion for those purposes. 
H.R. 5316 would not reauthorize appropriations for those 
existing state and local grant programs; however, it would 
authorize the appropriation of funds for a few new grant 
programs. This bill would not transfer to FEMA any DHS programs 
concerned with law enforcement activities to prevent terrorism, 
the protection of critical infrastructure, or intelligence 
analysis.

FEMA consolidation costs and ongoing administration

    CBO estimates that a few new senior positions would be 
needed to manage the new independent FEMA and that some current 
employees would see salary increases with their new 
responsibilities. In 2006, the agency's appropriation for 
administrative costs was $236 million. CBO estimates that staff 
and salary increases under the bill would cost about $2 million 
a year. The bill also would authorize FEMA to establish an 
Inspector General (IG) office. We assume that the new IG office 
would be somewhat larger in size and scope than the office 
operated by FEMA prior to the formation of DHS because of its 
increased responsibilities. (In 2002, FEMA's IG office had a 
budget of $10 million.) Assuming appropriation of the necessary 
funds, CBO estimates that the new IG office would add about $15 
million annually to the agency's administrative costs.
    Under is bill, CBO estimates that about 500 full-time 
equivalent employees would be transferred from DHS to FEMA to 
administer FEMA's new preparedness responsibilities. Currently, 
FEMA has over 2,200 permanent full-time employees, many in the 
Washington Metropolitan area. The Congress established the DHS 
in 2003, and the agency is still in the process of 
consolidating its operations and employees. CBO expects that 
any significant consolidation of FEMA employees would be 
unlikely to occur under H.R. 5316 over the next five years. If 
the agency were to consolidate its employees into one location, 
however, we estimate that it could cost between $25 million to 
$35 million in one-time costs to move, house, and equip the 
employees of this larger agency. If the agency were to acquire 
a new headquarters building, the costs would be significantly 
higher, though this bill does not include a specific 
authorization for that purpose.

Grants for NEPS implementation

    H.R. 5116 would authorize the appropriation of such sums as 
are necessary for a new grant program for state and local 
governments to meet planning requirements under the National 
Emergency Preparedness System, an existing framework for 
achieving effective emergency prepardness at all levels of 
government. Under current law, most of the money for disaster 
preparedness planning is provided to states through the 
Emergency Management Performance Grants. In 2006, the Congress 
appropriated $185 million for these grants. H.R. 5316 would 
place new requirements on states, such as developing a new 
emergency preparedness report that assesses the states' current 
level of preparedness under the NEPS. Based on information from 
state and local entities about their needs for additional 
resources for planning and historical spending patterns for 
similar grants, CBO estimates that implementing this new grant 
program would require additional appropriations of about $100 
million a year, resulting in outlays of about $340 million over 
the 2007-2011 period, assuming appropriation of the estimated 
amounts.

Emergency equipment assistance grants

    The bill would authorize the appropriation of $200 million 
a year over the 2007-2009 period for grants for training and 
equipment for emergency communications. Based on spending 
patterns of similar programs, CBO estimates that implementing 
these grants would cost about $500 million over the 2007-2011 
period, assuming appropriation of the specified amounts. 
(Additional outlays from the authorized amounts would occur 
after 2011.)

Emergency management assistance compact grants

    The bill would authorize the appropriation of $4 million a 
year over the 2007-2009 period for grants to help certain 
states to administer and coordinate activities under the 
Emergency Management Assistance Compact authorized by Public 
Law 104-321. Based on spending patterns of similar programs, 
CBO estimates that providing these grants would cost about $10 
million over the 2007-2011 period, assuming appropriation of 
the specified amounts.

Catastrophe planning program

    H.R. 5316 would authorize the appropriation of $96 million 
over the 2007-2009 period to implement a catastrophe planning 
program which would include developing plans to address 
catastrophes, training state and local government officials, 
and conducting exercises to test the efficacy of those plans. 
Based on historical spending patterns of similar programs, CBO 
estimates that implementing this provision would cost $93 
million over the 2007-2011 period.

National incident management system

    H.R. 5316 would authorize the appropriation of $96 million 
over the 2007-2009 period to implement, maintain, and revise 
the NIMS and the National Response Plan (NRP). NIMS establishes 
a framework for governmental, nongovernmental, and private-
sector entities to work cooperatively to prepare for, respond 
to, and recover from disasters of any kind. The NRP is based on 
the NIMS and provides the operational direction for these 
entities to deal with disasters. Based on historical spending 
patterns of these programs, CBO estimates that implementing 
this provision would cost $93 million over the 2007-2011 
period.
    Intergovernmental and private-sector impact: H.R. 5316 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. Assuming the appropriation of authorized 
amounts, state and local governments would benefit from more 
than $1 billion in grants to improve emergency preparedness, 
plan for catastrophic incidents, and purchase emergency 
equipment. Any costs incurred by those governments would be 
conditions of receiving federal assistance.
    Previous CBO estimates: On May 24, 2006, CBO prepared a 
cost estimate for H.R. 5316, the Restoring Emergency Services 
Act of 2006, as ordered reported by the House Committee on 
Transportation and Infrastructure on May 17, 2006. This cost 
estimate revises and supersedes the earlier estimate.
    In our previous estimate for H.R. 5316, CBO interpreted 
title III of the bill as authorizing the appropriation of such 
sums as are necessary for many disaster preparedness grants to 
state and local governments. We estimated that continuing the 
current level of funding for those grant programs over the next 
five years and adjusted for anticipated inflation would cost 
$9.8 billion over the 2007-2011 period, assuming appropriation 
of the necessary and authorized amounts.
    CBO has concluded that our initial interpretation of title 
III was an error. The authorization of appropriations in title 
III of H.R. 5316 applies only to the new state grants 
authorized by that title, not all existing state grant programs 
for emergency preparedness. Based on information from state and 
local entities, CBO estimates that implementing this new grant 
program would cost about $340 million over the 2007-2011 
period, assuming appropriation of the necessary funds.
    On May 24, 2006, CBO prepared a cost estimate for H.R. 
5351, the National Emergency Management Reform Act of 2006, as 
ordered reported by the House Committee on Homeland Security on 
May 17, 2006. H.R. 5351 would authorize the President to 
establish the Directorate of Emergency Management within the 
Department of Homeland Security and would authorize 
appropriations for some FEMA programs. On June 2, 2006, CBO 
issued a revised estimate for H.R. 5351 to correct the 
statement made in that estimate concerning the cost of 
implementing H.R. 5316. (The estimate of costs for H.R. 5351 is 
unchanged.)
    Both H.R. 5351 and H.R. 5316 would reorganize FEMA, but 
would do so in different ways. Each bill would authorize the 
appropriation of different amounts for different FEMA and 
preparedness activities and grant programs, and CBO's cost 
estimates reflect those differences.
    Estimate prepared by: Federal Costs: Julie Middleton; 
Impact on State, Local, and Tribal Governments: Melissa 
Merrell; Impact on the Private Sector: Fatimot Ladipo.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                   Constitutional Authority Statement

    Pursuant to clause (3)(d)(1) of rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local or 
tribal law. The Committee states that H.R. 5316 does not 
preempt any state, local or tribal law.

                      Advisory Committee Statement

    An advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act is created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

TITLE 5, UNITED STATES CODE

           *       *       *       *       *       *       *

                          PART III--EMPLOYEES

Chapter                                                             Sec.

                      SUBPART A--GENERAL PROVISIONS

      Definitions...................................................2101
     * * * * * * *

                        SUBPART I--MISCELLANEOUS

     * * * * * * *
10101ederal Emergency Management Agency Personnel.....................

           *       *       *       *       *       *       *

SUBPART D--PAY AND ALLOWANCES

           *       *       *       *       *       *       *

CHAPTER 53--PAY RATES AND SYSTEMS

           *       *       *       *       *       *       *

SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES

           *       *       *       *       *       *       *

Sec. 5312. Positions at level I

  Level I of the Executive Schedule applies to the following 
positions for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
        Secretary of State.
        Secretary of the Treasury.
        Secretary of Defense.
        Attorney General.
        Secretary of the Interior.
        Secretary of Agriculture.
        Secretary of Commerce.
        Secretary of Labor.
        Secretary of Health and Human Services.
        Secretary of Housing and Urban Development.
        Secretary of Transportation.
        United States Trade Representative.
        Secretary of Energy.
        Secretary of Education.
        Secretary of Veterans Affairs.
        Secretary of Homeland Security.
        Director of the Office of Management and Budget.
        Commissioner of Social Security, Social Security 
        Administration.
        Director of National Drug Control Policy.
        Chairman, Board of Governors of the Federal Reserve 
        System.
        Director of National Intelligence.
        Director of the Federal Emergency Management Agency.

           *       *       *       *       *       *       *

SUBPART I--MISCELLANEOUS

           *       *       *       *       *       *       *

       CHAPTER 101--FEDERAL EMERGENCY MANAGEMENT AGENCY PERSONNEL

Sec.
10101. Definitions.
10102. Human capital strategy.
10103. Recruitment bonuses for the Federal Emergency Management Agency.
10104. Retention bonuses for the Federal Emergency Management Agency.
10105. Disaster workforce reserve cadre.

Sec. 10101. Definitions

  For purposes of this chapter--
          (1) the term ``Federal Emergency Management Agency'' 
        or ``Agency'' shall be considered to refer to the 
        Federal Emergency Management Agency established under 
        section 101 of the RESPOND Act of 2006; and
          (2) the term ``Director of the Federal Emergency 
        Management Agency'' or ``Director'' shall be considered 
        to refer to the Director of the Federal Emergency 
        Management Agency appointed under section 103 of the 
        RESPOND Act of 2006.

Sec. 10102. Human capital strategy

  (a) In General.--The Director of the Federal Emergency 
Management Agency shall develop a human capital strategy to 
ensure that the Agency has a workforce of the appropriate size 
and with the appropriate skills and training to effectively 
carry out the mission and responsibilities of the Agency, 
consistent with the policies and plans developed pursuant to 
this section.
  (b) Content.--The strategy shall include, at a minimum--
          (1) a workforce development strategy for the Agency;
          (2) an assessment of the workforce characteristics 
        and future needs of the Agency;
          (3) an analysis of how the Agency's human resources 
        policies and programs align with the Agency's mission, 
        strategic goals, and performance outcomes; and
          (4) any other elements that the Director determines 
        necessary to develop and maintain a human capital 
        strategy, including elements described in section 1402.
  (c) Schedule.--The Director shall transmit to Congress--
          (1) the strategy developed under this section not 
        later than 6 months after the date of enactment of this 
        chapter; and
          (2) periodic updates to the strategy referred to in 
        paragraph (1).

Sec. 10103. Recruitment bonuses for the Federal Emergency Management 
                    Agency

  (a) In General.--The Director of the Federal Emergency 
Management Agency may pay a bonus to an individual in order to 
recruit the individual for a position within the Agency that 
would otherwise be difficult to fill in the absence of such a 
bonus.
  (b) Bonus Amount.--
          (1) In general.--The amount of a bonus under this 
        section shall be determined by the Director, but may 
        not exceed 25 percent of the annual rate of basic pay 
        of the position involved.
          (2) Form of payment.--A bonus under this section 
        shall be paid in the form of a lump-sum payment and 
        shall not be considered to be part of basic pay.
  (c) Service Agreements.--Payment of a bonus under this 
section shall be contingent upon the employee entering into a 
written service agreement with the Federal Emergency Management 
Agency. The agreement shall include--
          (1) the period of service the individual shall be 
        required to complete in return for the bonus; and
          (2) the conditions under which the agreement may be 
        terminated before the agreed-upon service period has 
        been completed, and the effect of the termination.
  (d) Eligibility.--A bonus under this section may not be paid 
to recruit an individual for--
          (1) a position to which an individual is appointed by 
        the President, by and with the advice and consent of 
        the Senate;
          (2) a position in the Senior Executive Service as a 
        noncareer appointee (as defined in section 3132(a)); or
          (3) a position which has been excepted from the 
        competitive service by reason of its confidential, 
        policy-determining, policy-making, or policy-advocating 
        character.
  (e) Termination.--The authority to pay bonuses under this 
section shall terminate 5 years after the date of enactment of 
this chapter.

Sec. 10104. Retention bonuses for the Federal Emergency Management 
                    Agency

  (a) Authority.--The Director of the Federal Emergency 
Management Agency may pay, on a case-by-case basis, a bonus 
under this section to an employee of the Agency if--
          (1) the unusually high or unique qualifications of 
        the employee or a special need of the Agency for the 
        employee's services makes it essential to retain the 
        employee; and
          (2) the Director determines that, in the absence of 
        such a bonus, the employee would be likely to leave--
                  (A) the Federal service; or
                  (B) for a different position in the Federal 
                service.
  (b) Service Agreement.--Payment of a bonus under this section 
is contingent upon the employee entering into a written service 
agreement with the Agency to complete a period of service with 
the Agency. Such agreement shall include--
          (1) the period of service the individual shall be 
        required to complete in return for the bonus; and
          (2) the conditions under which the agreement may be 
        terminated before the agreed-upon service period has 
        been completed, and the effect of the termination.
  (c) Bonus Amount.--
          (1) In general.--The amount of a bonus under this 
        section shall be determined by the Director, but may 
        not exceed 25 percent of the annual rate of basic pay 
        of the position involved.
          (2) Form of payment.--A bonus under this section 
        shall be paid in the form of a lump-sum payment and 
        shall not be considered to be part of basic pay.
  (d) Limitation.--A bonus under this section may not be based 
on any period of service which is the basis for a recruitment 
bonus under section 10103.
  (e) Termination of Authority.--The authority to grant bonuses 
under this section shall expire 5 years after the date of 
enactment of this chapter.

Sec. 10105. Disaster workforce reserve cadre

  (a) Establishment.--There is established within the Federal 
Emergency Management Agency a disaster workforce reserve cadre 
to meet the Agency's surge requirements during periods of 
emergency, as determined by the Director of the Federal 
Emergency Management Agency.
  (b) Review.--Not later than 90 days after the date of 
enactment of this chapter, the Director shall conduct a 
comprehensive review of the current disaster workforce reserves 
for the purpose of identifying areas for redevelopment. As part 
of the review, the Director shall review and redevelop the 
disaster workforce to create a capable cadre by--
          (1) providing for the effective utilization of the 
        disaster workforce;
          (2) establishing consistent and shorter disaster 
        workforce mobilization times;
          (3) establishing standards to meet mission 
        requirements;
          (4) establishing a robust credentialing system for 
        the disaster workforce to integrate capabilities and 
        skill sets into job descriptions for a more effective 
        and faster response capability;
          (5) establishing employment protections for disaster 
        workforce reservists; and
          (6) establishing a streamlined deployment system.
  (c) Annuitants.--If an individual receiving an annuity from 
the Civil Service Retirement and Disability Fund becomes 
temporarily reemployed pursuant to this section, such annuity 
shall not be discontinued thereby. An individual so reemployed 
shall not be considered an employee for the purposes of chapter 
83 or 84.
  (d) Expenses.--The Director may provide members of the 
disaster workforce reserve cadre transportation and per diem in 
lieu of subsistence, in accordance with applicable provisions 
of this title, for the purpose of participating in any training 
that relates to service as a member of the disaster workforce 
reserve cadre.

           *       *       *       *       *       *       *

                              ----------                              

              SECTION 901 OF TITLE 31, UNITED STATES CODE

Sec. 901. Establishment of agency Chief Financial Officers

  (a) * * *
  (b)(1) * * *
  (2) The agencies referred to in subsection (a)(2) are the 
following:
          (A) * * *

           *       *       *       *       *       *       *

          (H) The Federal Emergency Management Agency.

           *       *       *       *       *       *       *

                              ----------                              

HOMELAND SECURITY ACT OF 2002

           *       *       *       *       *       *       *

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) * * *
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.
     * * * * * * *

              TITLE V--EMERGENCY PREPAREDNESS AND RESPONSE

     * * * * * * *
[Sec. 507. Role of Federal Emergency Management Agency.]

           *       *       *       *       *       *       *

TITLE V--EMERGENCY PREPAREDNESS AND RESPONSE

           *       *       *       *       *       *       *

SEC. 503. FUNCTIONS TRANSFERRED.

  In accordance with title XV, there shall be transferred to 
the Secretary the functions, personnel, assets, and liabilities 
of the following entities:
          [(1) The Federal Emergency Management Agency, 
        including the functions of the Director of the Federal 
        Emergency Management Agency relating thereto.]

           *       *       *       *       *       *       *

[SEC. 507. ROLE OF FEDERAL EMERGENCY MANAGEMENT AGENCY.

  [(a) In General.--The functions of the Federal Emergency 
Management Agency include the following:
          [(1) All functions and authorities prescribed by the 
        Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5121 et seq.).
          [(2) Carrying out its mission to reduce the loss of 
        life and property and protect the Nation from all 
        hazards by leading and supporting the Nation in a 
        comprehensive, risk-based emergency management 
        program--
                  [(A) of mitigation, by taking sustained 
                actions to reduce or eliminate long-term risk 
                to people and property from hazards and their 
                effects;
                  [(B) of planning for building the emergency 
                management profession to prepare effectively 
                for, mitigate against, respond to, and recover 
                from any hazard;
                  [(C) of response, by conducting emergency 
                operations to save lives and property through 
                positioning emergency equipment and supplies, 
                through evacuating potential victims, through 
                providing food, water, shelter, and medical 
                care to those in need, and through restoring 
                critical public services;
                  [(D) of recovery, by rebuilding communities 
                so individuals, businesses, and governments can 
                function on their own, return to normal life, 
                and protect against future hazards; and
                  [(E) of increased efficiencies, by 
                coordinating efforts relating to mitigation, 
                planning, response, and recovery.
  [(b) Federal Response Plan.--
          [(1) Role of fema.--Notwithstanding any other 
        provision of this Act, the Federal Emergency Management 
        Agency shall remain the lead agency for the Federal 
        Response Plan established under Executive Order No. 
        12148 (44 Fed. Reg. 43239) and Executive Order No. 
        12656 (53 Fed. Reg. 47491).
          [(2) Revision of response plan.--Not later than 60 
        days after the date of enactment of this Act, the 
        Director of the Federal Emergency Management Agency 
        shall revise the Federal Response Plan to reflect the 
        establishment of and incorporate the Department.]

           *       *       *       *       *       *       *

                              ----------                              

ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT

           *       *       *       *       *       *       *

TITLE III--MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION

           *       *       *       *       *       *       *

                        [EMERGENCY SUPPORT TEAMS

  [Sec. 303. The President shall]

SEC. 303. EMERGENCY SUPPORT AND RESPONSE TEAMS.

  (a) Emergency Support Teams.--The President shall form 
emergency support teams of Federal personnel to be deployed in 
an area affected by a major disaster or emergency. Such 
emergency support teams shall assist the Federal coordinating 
officer in carrying out his responsibilities pursuant to this 
Act. Upon request of the President, the head of any Federal 
agency is directed to detail to temporary duty with the 
emergency support teams on either a reimbursable or 
nonreimbursable basis, as is determined necessary by the 
President, such personnel within the administrative 
jurisdiction of the head of the Federal agency as the President 
may need or believe to be useful for carrying out the functions 
of the emergency support teams, each such detail to be without 
loss of seniority, pay, or other employee status.
  (b) Emergency Response Teams.--
          (1) Establishment.--In carrying out subsection (a), 
        the President, acting through the Director of the 
        Federal Emergency Management Agency, shall establish at 
        a minimum 3 national response teams and sufficient 
        regional and other response teams as may be necessary 
        to meet the incident management responsibilities of the 
        Federal Government.
          (2) Target capability level.--The Director shall 
        ensure that specific target capability levels, as 
        defined pursuant to the guidelines established under 
        section 703(b)(2)(A), are established for Federal 
        emergency response teams.
          (3) Personnel.--The President, acting through the 
        Director, shall ensure that the Federal emergency 
        response teams consist of adequate numbers of properly 
        planned, organized, equipped, trained, and exercised 
        personnel to achieve the established target capability 
        levels. Each emergency response team shall work in 
        coordination with State and local officials and onsite 
        emergency personnel associated with a particular 
        incident.
          (4) Readiness reporting.--The Director shall evaluate 
        team readiness on a regular basis and report team 
        readiness levels in the report required under section 
        703(b)(8)(A).

           *       *       *       *       *       *       *

                NONDISCRIMINATION IN DISASTER ASSISTANCE

  Sec. 308. (a) The President shall issue, and may alter and 
amend, such regulations as may be necessary for the guidance of 
personnel carrying out Federal assistance functions at the site 
of a major disaster or emergency. Such regulations shall 
include provisions for insuring that the distribution of 
supplies, the processing of applications, and other relief and 
assistance activities shall be accomplished in an equitable and 
impartial manner, without discrimination on the grounds of 
race, color, religion, nationality, sex, age, English 
proficiency, or economic status.

           *       *       *       *       *       *       *

                    TITLE VI--EMERGENCY PREPAREDNESS

SEC. 601. DECLARATION OF POLICY.

  The purpose of this title and title VII is to provide a 
system of emergency preparedness for the protection of life and 
property in the United States from hazards and to vest 
responsibility for emergency preparedness jointly in the 
Federal Government and the States and their political 
subdivisions. The Congress recognizes that the organizational 
structure established jointly by the Federal Government and the 
States and their political subdivisions for emergency 
preparedness purposes can be effectively utilized to provide 
relief and assistance to people in areas of the United States 
struck by a hazard. The Federal Government shall provide 
necessary direction, coordination, and guidance, and shall 
provide necessary assistance, as authorized in this title so 
that a comprehensive emergency preparedness system exists for 
all hazards.

           *       *       *       *       *       *       *

Subtitle A--Powers and Duties

           *       *       *       *       *       *       *

SEC. 616. CATASTROPHIC PLANNING PROGRAM.

  (a) Establishment.--The Director shall establish a program to 
assist States and local governments representing areas at 
substantial risk for a catastrophic incident, and other Federal 
agencies as appropriate, in developing a comprehensive program 
to prepare for a catastrophic incident.
  (b) Activities.--The program may include planning, training, 
exercises, and such other activities as the Director considers 
necessary.
  (c) Site Selection.--In conducting the program, the Director, 
in coordination with a State or local government, shall select 
sites within the jurisdiction of such State or local government 
that are at substantial risk for a catastrophic incident and 
require additional preparedness activities to ensure an 
effective response and recovery.
  (d) Catastrophic Incident.--In this section, the term 
``catastrophic incident'' means any natural or manmade 
incident, including terrorism, that results in extraordinary 
levels of mass casualties, damage, or disruption severely 
affecting the population, infrastructure, environment, economy, 
national morale, or government functions.
  (e) Report.--The Director shall submit to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report on the preparedness 
levels of participating jurisdictions.
  (f) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $30,000,000 for 
fiscal year 2007, $32,000,000 for fiscal year 2008, and 
$34,000,000 for fiscal year 2009. Such sums shall remain 
available until expended.

Subtitle B--General Provisions

           *       *       *       *       *       *       *

SEC. 630. EMERGENCY EQUIPMENT ASSISTANCE.

  (a) Grants.--The Director shall carry out a program to make 
grants to States and local governments to improve the response 
capabilities of the States and local governments in the event 
of a major disaster or other emergency.
  (b) Use of Funds.--Grants amounts received by a State or 
local government under this section shall be used--
          (1) to purchase or improve commercially available 
        interoperable communications equipment that--
                  (A) complies with, where applicable, national 
                voluntary consensus standards;
                  (B) facilitates operability, 
                interoperability, coordination, and integration 
                between and among emergency communications 
                systems (including satellite phone and 
                satellite communications equipment); and
                  (C) ensures that first responders, government 
                officials, and emergency personnel are able to 
                adequately and effectively communicate with 
                each other in the event of a major disaster or 
                other emergency;
          (2) to purchase mobile equipment to generate 
        emergency power; and
          (3) to train first responders and emergency personnel 
        on how best to use effectively such equipment.
  (c) Applications.--A State or local government seeking a 
grant under this section shall submit to the Director an 
application at such time, in such manner, and accompanied by 
such information as the Director may require.
  (d) Technical Assistance.--The Director shall provide to 
States and local governments technical assistance with respect 
to the procurement, installation, and use of equipment under 
subsection (b)(1).
  (e) Coordination.--In implementing the program, the Director 
shall ensure the coordination with other emergency equipment 
assistance grant programs.
  (f) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $200,000,000 for each 
of fiscal years 2007, 2008, and 2009. Such sums shall remain 
available until expended.

           *       *       *       *       *       *       *

         TITLE VII--COMPREHENSIVE EMERGENCY PREPAREDNESS SYSTEM

SEC. 701. DEFINITIONS.

  In this title, the definitions contained in section 602 and 
the following definitions apply:
          (1) Capability.--The term ``capability'' means the 
        ability to provide the means to accomplish one or more 
        tasks under specific conditions and to specific 
        performance standards. A capability may be delivered 
        with any combination of properly planned, organized, 
        equipped, trained, and exercised personnel that 
        achieves the intended outcome.
          (2) Covered grant.--The term ``covered grant'' means 
        a grant referred to in section 709 and any other 
        emergency preparedness grant administered by the 
        Federal Emergency Management Agency.
          (3) Mission assignment.--The term ``mission 
        assignment'' means a work order issued to a Federal 
        agency by the Federal Emergency Management Agency, 
        directing completion by that agency of a specified task 
        and setting forth funding, other managerial controls, 
        and guidance.
          (4) Operational readiness.--The term ``operational 
        readiness'' means the capability of an organization, an 
        asset, a system, or equipment to perform the missions 
        or functions for which it is organized or designed.
          (5) Performance measure.--The term ``performance 
        measure'' means a quantitative or qualitative 
        characteristic used to gauge the results of an outcome 
        compared to its intended purpose.
          (6) Performance metric.--The term ``performance 
        metric'' means a particular value or characteristic 
        used to measure the outcome that is generally expressed 
        in terms of a baseline and a target.

SEC. 702. NATIONAL EMERGENCY PREPAREDNESS GOAL.

  (a) Establishment.--The President, acting through the 
Director, shall establish and revise as necessary a national 
emergency preparedness goal that defines the target level of 
emergency preparedness to ensure the Nation's ability to 
respond to, recover from, and mitigate against all hazards, 
including major disasters and other emergencies.
  (b) National Incident Management System and National Response 
Plan.--The national emergency preparedness goal, to the 
greatest extent practicable, shall be consistent with the 
national incident management system and national response plan.

SEC. 703. ESTABLISHMENT OF THE NATIONAL EMERGENCY PREPAREDNESS SYSTEM.

  (a) Establishment.--The President, acting through the 
Director, shall establish a national emergency preparedness 
system to enable the Nation to meet the national emergency 
preparedness goal.
  (b) Components.--The national emergency preparedness system 
includes the following components:
          (1) National planning scenarios.--
                  (A) In general.--The Director, in 
                coordination with the heads of other 
                appropriate Federal agencies and the Task Force 
                established under section 707(a), may develop 
                planning scenarios to reflect the relative risk 
                requirements presented by all hazards in order 
                to provide the foundation for the flexible and 
                adaptive development of target capabilities and 
                the identification of target capability levels 
                to meet the national emergency preparedness 
                goal.
                  (B) Development.--In developing national 
                planning scenarios, the Director shall ensure 
                that the scenarios--
                          (i) reflect the relative risk of all 
                        hazards and illustrate the potential 
                        scope, magnitude, and complexity of a 
                        broad range of representative hazards; 
                        and
                          (ii) provide the minimum number of 
                        representative scenarios necessary to 
                        identify and define the tasks and 
                        target capabilities required to respond 
                        to all hazards.
          (2) Target capabilities and emergency preparedness 
        priorities.--
                  (A) Establishment of guidelines on target 
                capabilities.--Not later than 180 days after 
                the date of enactment of the Restoring 
                Emergency Services to Protect Our Nation From 
                Disasters Act of 2006, the Director, in 
                coordination with the heads of other 
                appropriate Federal agencies, including the 
                National Council on Disability, and the Task 
                Force established under section 707(a), shall 
                update and revise as necessary guidelines to 
                define the risk-based target capabilities for 
                Federal, State, and local government emergency 
                preparedness that enables the Nation to respond 
                to, recover from, and mitigate against all 
                hazards, including major disasters and other 
                emergencies.
                  (B) Distribution of guidelines.--The Director 
                shall ensure that the guidelines are provided 
                promptly to Congress and the States. The States 
                are encouraged to make the guidelines available 
                to local governments within their 
                jurisdictions.
                  (C) Objectives.--The Director shall ensure 
                that the guidelines established under 
                subparagraph (A) meet the following objectives:
                          (i) Specificity.--The guidelines 
                        specifically describe the training, 
                        planning, personnel, and equipment that 
                        Federal, State, and local governments 
                        need to possess, or to which they need 
                        to have access, in order to meet the 
                        national emergency preparedness goal.
                          (ii) Flexibility.--The guidelines are 
                        sufficiently flexible to allow Federal, 
                        State, and local government officials 
                        to set priorities based on particular 
                        needs, while achieving nationally 
                        determined emergency preparedness 
                        levels within a specified time period.
                          (iii) Measurability.--The guidelines 
                        are designed to enable measurement of 
                        progress toward specific emergency 
                        preparedness levels.
                  (D) Emergency preparedness priorities.--In 
                establishing the guidelines under subparagraph 
                (A), the Director shall establish emergency 
                preparedness priorities that appropriately 
                balance the risk of all hazards, including 
                major disasters and other emergencies with the 
                resources required to respond to, recover from, 
                and mitigate against them.
                  (E) Mutual aid agreements.--The Director may 
                provide support for the development of mutual 
                aid agreements within States.
          (3) Equipment.--
                  (A) Equipment standards.--
                          (i) In general.--The Director, in 
                        coordination with the heads of other 
                        appropriate Federal agencies and the 
                        Task Force established under section 
                        707(a), shall develop, promulgate, and 
                        update as necessary national voluntary 
                        consensus standards for first responder 
                        equipment for use in the field. In 
                        developing such standards, the Director 
                        shall--
                                  (I) ensure that the standards 
                                encourage and support 
                                nationwide interoperability and 
                                operability of equipment and 
                                other capabilities consistent 
                                with the national emergency 
                                preparedness goal, including 
                                the safety and health of first 
                                responders;
                                  (II) to the maximum extent 
                                practicable, ensure that the 
                                standards are consistent with 
                                any existing voluntary 
                                consensus standards;
                                  (III) to the maximum extent 
                                practicable, ensure that the 
                                standards use technologies 
                                already certified by other 
                                Federal agencies of the United 
                                States;
                                  (IV) take into account, as 
                                appropriate, threats that may 
                                not have been contemplated when 
                                such existing standards were 
                                developed; and
                                  (V) focus on maximizing 
                                interoperability, operability, 
                                interchangeability, durability, 
                                flexibility, efficiency, 
                                efficacy, portability, 
                                sustainability, and safety of 
                                equipment.
                          (ii) Deadline.--Not later than 180 
                        days after the date of enactment of the 
                        Restoring Emergency Services to Protect 
                        Our Nation From Disasters Act of 2006, 
                        the Director shall promulgate standards 
                        under this subparagraph.
                  (B) Consultation with standards 
                organizations.--Before issuing standards, the 
                Director shall also consult with relevant 
                public and private sector standards 
                organizations.
          (4) Training and exercises.--
                  (A) Program.--Not later than 180 days after 
                the date of enactment of the Restoring 
                Emergency Services to Protect Our Nation From 
                Disasters Act of 2006, the Director, in 
                coordination with the heads of other 
                appropriate Federal agencies, including the 
                National Council on Disability, and the Task 
                Force established under section 707(a), shall 
                establish and maintain a comprehensive training 
                program for all levels of government to 
                implement the national emergency preparedness 
                goal, national incident management system, and 
                national response plan.
                  (B) Training standards.--The Director shall 
                develop and update as necessary, national 
                voluntary consensus standards for the training 
                program established under subparagraph (A).
                  (C) Exercises.--The Director, in coordination 
                with the heads of other appropriate Federal 
                agencies and the Task Force established under 
                section 707(a), shall establish and maintain a 
                program, including risk-based scenarios that 
                stress the emergency management system, to 
                conduct emergency preparedness-related 
                exercises that reinforce identified training 
                standards, provide for evaluation of emergency 
                preparedness, and support the national 
                emergency preparedness goal, national incident 
                management system, and national response plan.
          (5) Comprehensive assessment system.--
                  (A) Establishment.--The Director, in 
                coordination with the National Council on 
                Disability and the Task Force established under 
                section 707(a), shall establish a comprehensive 
                system to assess on an ongoing basis, the 
                Nation's overall emergency preparedness, 
                including operational readiness.
                  (B) Performance metrics and measures.--The 
                Director shall ensure that each component of 
                the national emergency preparedness system, 
                national incident management system, and 
                national response plan is developed with clear 
                and quantifiable performance metrics, measures, 
                and outcomes.
                  (C) Contents.--The assessment system 
                established under subparagraph (A) shall 
                assess--
                          (i) compliance with the national 
                        emergency preparedness system, national 
                        incident management system, and 
                        national response plan to achieve a 
                        consistent approach to national 
                        emergency preparedness and response;
                          (ii) capability levels at the time of 
                        assessment against target capability 
                        levels defined pursuant to the 
                        guidelines established under paragraph 
                        (2)(A);
                          (iii) resource needs to meet the 
                        desired target capability levels 
                        defined pursuant to the guidelines 
                        established under paragraph (2)(A); and
                          (iv) performance of training, 
                        exercises, and operations.
          (6) Best practices, after action reviews, and 
        remedial action program.--
                  (A) In general.--The Director, in 
                coordination with the National Council on 
                Disability and the Task Force established under 
                section 707(a), shall establish a system for 
                identifying best practices and conducting after 
                action reviews of incidents and exercises.
                  (B) Remedial action.--The Director, in 
                coordination with the National Council on 
                Disability and the Task Force established under 
                section 707(a), shall ensure through a remedial 
                action program that the best practices and 
                after action reviews identified under 
                subparagraph (A) are used to revise and update 
                the national emergency preparedness system, 
                national incident management system, and 
                national response plan on a continual basis.
          (7) Federal response capability inventory.--
                  (A) In general.--Not later than 180 days 
                after the date of enactment of the Restoring 
                Emergency Services to Protect Our Nation From 
                Disasters Act of 2006, the Director, in 
                coordination with the heads of other 
                appropriate Federal agencies, shall develop and 
                maintain a Federal response capability 
                inventory that includes the performance 
                parameters of the capability, the timeframe 
                within which the capability can be brought to 
                bear on an incident, and the readiness of such 
                capability to respond to all hazards, including 
                major disasters and other emergencies.
                  (B) Department of defense.--The Director, in 
                coordination with the Secretary of Defense, 
                shall develop a list of organizations and 
                functions within the Department of Defense that 
                may be used, pursuant to the authority provided 
                under sections 402, 403, and 502 of this Act, 
                to provide support to civil authorities during 
                major disasters and other emergencies.
          (8) Reporting requirements.--
                  (A) Federal emergency preparedness report.--
                          (i) In general.--Not later than 12 
                        months after the date of enactment of 
                        the Restoring Emergency Services to 
                        Protect Our Nation From Disasters Act 
                        of 2006, and annually thereafter, the 
                        Director, in coordination with the 
                        heads of other appropriate Federal 
                        agencies, shall submit to the Committee 
                        on Transportation and Infrastructure of 
                        the House of Representatives and the 
                        Committee on Homeland Security and 
                        Governmental Affairs of the Senate a 
                        report on the Nation's level of 
                        emergency preparedness.
                          (ii) Contents.--Each report shall 
                        include--
                                  (I) an assessment of how 
                                Federal emergency preparedness 
                                assistance supports the 
                                national emergency preparedness 
                                system;
                                  (II) an assessment of 
                                compliance with the national 
                                emergency preparedness system, 
                                national incident management 
                                system, and national response 
                                plan;
                                  (III) an assessment of 
                                current Federal and State 
                                capability levels and a 
                                description of target 
                                capability levels defined 
                                pursuant to the guidelines 
                                established under paragraph 
                                (2)(A);
                                  (IV) an assessment of 
                                performance of training, 
                                exercises, and operations;
                                  (V) information on the use of 
                                mutual aid agreements;
                                  (VI) a review of the 
                                inventory described in 
                                paragraph (7)(A); and
                                  (VII) an assessment of 
                                resource needs to meet target 
                                capability levels defined 
                                pursuant to the guidelines 
                                established under paragraph 
                                (2)(A), including--
                                          (aa) an estimate of 
                                        the amount of Federal, 
                                        State, and local 
                                        expenditures required 
                                        to attain the target 
                                        capability levels; and
                                          (bb) the extent to 
                                        which target capability 
                                        levels were created or 
                                        enhanced as the result 
                                        of using covered grant 
                                        funds during the 
                                        preceding fiscal year.
                  (B) State emergency preparedness report.--
                          (i) In general.--Not later than 15 
                        months after the date of enactment of 
                        the Restoring Emergency Services to 
                        Protect Our Nation From Disasters Act 
                        of 2006, and annually thereafter, a 
                        State receiving a covered grant shall 
                        submit a report to the Director on the 
                        State's level of emergency 
                        preparedness.
                          (ii) Contents.--Each report shall 
                        include--
                                  (I) an assessment of State 
                                compliance with the national 
                                emergency preparedness system, 
                                national incident management 
                                system, and national response 
                                plan;
                                  (II) an assessment of current 
                                capability levels and a 
                                description of target 
                                capability levels;
                                  (III) an assessment of State 
                                performance of training, 
                                exercises, and operations;
                                  (IV) information on the use 
                                of mutual aid agreements;
                                  (V) information on the 
                                distribution by the State of 
                                the guidelines established by 
                                paragraph (2)(A) to local 
                                governments within its 
                                jurisdiction; and
                                  (VI) an assessment of 
                                resource needs to meet target 
                                capability levels defined 
                                pursuant to the guidelines 
                                established under paragraph 
                                (2)(A), including--
                                          (aa) an estimate of 
                                        the amount of 
                                        expenditures required 
                                        to attain the target 
                                        capability levels; and
                                          (bb) the extent to 
                                        which target capability 
                                        levels were created or 
                                        enhanced as the result 
                                        of using covered grant 
                                        funds during the 
                                        preceding fiscal year.
                  (C) Use of quantifiable performance 
                measurements.--To the extent practicable, each 
                report shall be based on quantifiable 
                performance measurements.

SEC. 704. NATIONAL INCIDENT MANAGEMENT SYSTEM.

  (a) National Incident Management System.--There is hereby 
established a national incident management system that 
encompasses a single, comprehensive approach to domestic 
incident management to ensure that all levels of government 
across the Nation have the capability to work efficiently and 
effectively together by using a consistent approach to domestic 
incident management for all hazards, including major disasters 
and other emergencies.
  (b) Responsibilities of Director.--
          (1) Responsibility for system.--The Director shall be 
        responsible for all aspects of the national incident 
        management system, including completing, implementing, 
        maintaining, and revising the system.
          (2) Coordination of system.--The Director shall 
        coordinate with the heads of other appropriate Federal 
        agencies in revising the system.

SEC. 705. NATIONAL RESPONSE PLAN.

  (a) Responsibilities of Director.--
          (1) Responsibility for plan.--The Director shall be 
        responsible for all aspects of the national response 
        plan, including completing, implementing, maintaining, 
        and revising the plan.
          (2) Coordination of plan.--The Director shall 
        coordinate with the heads of other appropriate Federal 
        agencies, including the National Council on Disability, 
        in revising the plan.
  (b) Initial Review and Revision of Response Plan.--
          (1) In general.--Not later than March 1, 2007, the 
        Director shall, in coordination with the heads of other 
        appropriate Federal agencies, including the National 
        Council on Disability, and the Task Force established 
        under section 707(a), complete a comprehensive review 
        of the national response plan for the purpose of 
        identifying areas for revision.
          (2) Review and revise.--As part of the review, the 
        Director shall review and revise the national response 
        plan--
                  (A) to ensure integration and consistency 
                with the national incident management system;
                  (B) to establish a protocol for a proactive 
                Federal response in support of a State to a 
                catastrophic disaster with or without warning; 
                and
                  (C) to clarify the role of who is in charge 
                of the Federal disaster response.
  (c) Mission Assignments.--To expedite the provision of 
assistance under the national response plan, the Director, in 
coordination with the heads of other appropriate Federal 
agencies and the Task Force established under section 707(a), 
shall develop prescripted mission assignments for logistics, 
communications, mass care, health services, and public safety.

SEC. 706. FEDERAL EMERGENCY PREPAREDNESS.

  (a) Agency Responsibility.--In support of the national 
emergency preparedness system established under this title, the 
President shall ensure that each Federal agency with 
responsibility for responding to major disasters and other 
emergencies shall--
          (1) have the operational capability, including the 
        personnel to make and communicate decisions, 
        organizational structures that are assigned, trained, 
        and exercised for their missions, sufficient physical 
        resources, and the command, control, and communication 
        channels to make, monitor, and communicate decisions to 
        meet the national emergency preparedness goal;
          (2) have the operational command and control 
        structures that comply with the national incident 
        management system;
          (3) develop, in support of crisis operational 
        capability, a deliberate planning capability, including 
        plans, personnel, and training; and
          (4) develop, train, and exercise rosters of disaster 
        response personnel to be deployed when the organization 
        is called upon to support a Federal response.
  (b) Construction.--Nothing in this section shall limit the 
authority of the Secretary of Defense with regard to the 
command and control, training, planning, equipment, exercises, 
or employment of Department of Defense forces, or the 
allocation of Department of Defense resources.

SEC. 707. NATIONAL EMERGENCY PREPAREDNESS TASK FORCE.

  (a) Establishment.--The Director shall establish a National 
Emergency Preparedness Task Force (referred to in this section 
as the ``Task Force'') to ensure effective and ongoing 
coordination of Federal emergency preparedness, response, 
recovery, and mitigation efforts for all hazards that 
incorporates State and local government and private sector 
input in the development and revision of the national emergency 
preparedness goal, the national emergency preparedness system, 
national incident management system, and national response 
plan.
  (b) Membership.--
          (1) In general.--The Task Force shall consist of 
        members appointed by the Director from among 
        representatives of--
                  (A) national organizations representing State 
                and local governments;
                  (B) national, State, and local emergency 
                management organizations; and
                  (C) national, State, and local emergency 
                response organizations, including governmental 
                and nongovernmental organizations.
          (2) Representation.--To the extent practicable, Task 
        Force members shall represent--
                  (A) geographically diverse areas (including 
                urban and rural);
                  (B) State and local elected officials;
                  (C) national, State, and local emergency 
                management professional organizations; and
                  (D) individuals involved in a cross section 
                of emergency response disciplines and 
                professions, including as appropriate fire 
                service and law enforcement, hazardous 
                materials response, emergency medical services, 
                public works personnel routinely engaged in 
                emergency response, health professionals, and 
                organizations with expertise in accrediting and 
                establishing standards for emergency management 
                services.
          (3) Consultation with the department of health and 
        human services.--In the selection of members of the 
        Task Force who are health professionals, including 
        emergency medical professionals, the Director shall 
        consult with the Secretary of Health and Human 
        Services.
          (4) Ex officio members.--The Director shall designate 
        one or more officers from the Federal Emergency 
        Management Agency to serve as an ex officio member of 
        the Task Force.

SEC. 708. NATIONAL INCIDENT MANAGEMENT SYSTEM AND NATIONAL RESPONSE 
                    PLAN INTEGRATION CENTER.

  (a) In General.--In order to carry out the duties of the 
Director related to the National Incident Management System and 
National Response Plan, there is established a National 
Incident Management System and National Response Plan 
Integration Center.
  (b) Responsibilities.--The head of the Center shall establish 
a system to ensure completion, implementation, maintenance, and 
revision of the National Incident Management System and the 
National Response Plan and perform such other duties as the 
Director may require.
  (c) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $30,000,000 for 
fiscal year 2007, $32,000,000 for fiscal year 2008, and 
$34,000,000 for fiscal year 2009. Such sums shall remain 
available until expended.

SEC. 709. AUTHORIZATION.

  (a) In General.--The Director is authorized to make grants to 
any State or local government for the purpose of carrying out 
this title.
  (b) Authorization of Appropriations.--There are authorized to 
be appropriated to carry out this section such sums as are 
necessary for the Director to assist State and local 
governments to meet requirements under this title.

                    TITLE [VII] VIII--MISCELLANEOUS

             AUTHORITY TO PRESCRIBE RULES AND ACCEPT GIFTS

  Sec. [701] 801. (a) * * *

           *       *       *       *       *       *       *

                          TECHNICAL AMENDMENTS

  Sec. [702] 802. (a) * * *

           *       *       *       *       *       *       *

                         REPEAL OF EXISTING LAW

  Sec. [703] 803. The Disaster Relief Act of 1970, as amended 
(84 Stat. 1744), is hereby repealed, except sections 231, 233, 
234, 235, 236, 237, 301, 302, 303, and 304. Notwithstanding 
such repeal the provisions of the Disaster Relief Act of 1970 
shall continue in effect with respect to any major disaster 
declared prior to the enactment of this Act.

                       PRIOR ALLOCATION OF FUNDS

  Sec. [704] 804. Funds heretofore appropriated and available 
under Public Laws 91-606, as amended, and 92-385 shall continue 
to be available for the purpose of providing assistance under 
those Acts as well as for the purposes of this Act.

SEC. [705] 805. DISASTER GRANT CLOSEOUT PROCEDURES.

  (a) * * *

           *       *       *       *       *       *       *

                                  
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