IB 

Union Calendar No. 434 

109TH CONGRESS 

2D SESSION H. R. 5316 

[Report No. 109–519, Parts I and II] 

To reestablish the Federal Emergency Management Agency as a cabinetlevel 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. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 9, 2006 

Mr. YOUNG of Alaska (for himself, Mr. OBERSTAR, Mr. TOM DAVIS of Virginia, Mr. OBEY, Mr. SHUSTER, Ms. NORTON, Mr. SHAW, Mr. RAHALL, 

Mr. BAKER, Mr. DEFAZIO, Mr. BACHUS, Mr. COSTELLO, Mr. BUYER, 

Mr. NADLER, Mr. MICA, Ms. CORRINE BROWN of Florida, Mr. FOLEY, 

Mr. FILNER, Mrs. KELLY, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. 

LATOURETTE, Mr. TAYLOR of Mississippi, Mrs. MYRICK, Ms. 

MILLENDER-MCDONALD, Mr. WAMP, Mr. CUMMINGS, Mrs. EMERSON, 

Mr. BLUMENAUER, Ms. GRANGER, Mr. BOSWELL, Mr. PICKERING, Mr. 

HOLDEN, Mrs. JO ANN DAVIS of Virginia, Mr. BAIRD, Mr. MILLER of 

Florida, Ms. BERKLEY, Mr. BONNER, Mr. MATHESON, Mr. COLE of 

Oklahoma, Mr. HONDA, Mr. BOUSTANY, Mr. LARSEN of Washington, Mr. 

JINDAL, Mr. CAPUANO, Mr. KUHL of New York, Mr. WEINER, Mr. POE, 

Ms. CARSON, Mr. BISHOP of New York, Mr. DAVIS of Tennessee, Mr. 

CHANDLER, Mr. HIGGINS, Mr. CARNAHAN, Ms. SCHWARTZ of Pennsylvania, and Mr. FORD) introduced the following bill; which was referred 

to the Committee on Transportation and Infrastructure, and in addition 

to the Committees on Homeland Security and Government Reform, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

JUNE 22, 2006 

Additional sponsors: Mr. BOOZMAN, Mr. SALAZAR, Mr. MARCHANT, Mr. 

BONILLA, Mr. DINGELL, Mr. Ehlers, Mr. MCHENRY, Mr. NEY, Mr. 

JOHNSON of Illinois, Mr. FEENEY, Mr. FORTUN ̃O, Mr. MACK, Mr. 

BROWN of South Carolina, Mr. KELLER, Mr. MORAN of Kansas, Mr. 


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MICHAUD, Mr. GERLACH, Mr. MCINTYRE, Mr. BUTTERFIELD, Mr. MANZULLO, Mr. MURPHY, Mr. ORTIZ, Mr. COBLE, Ms. BORDALLO, Mr. 

FRANK of Massachusetts, Mr. LIPINSKI, Mr. MCGOVERN, Ms. MATSUI, 

Mr. ROTHMAN, Mr. RUPPERSBERGER, Mr. JEFFERSON, Mrs. CAPPS, Mr. 

KILDEE, Mr. SHERMAN, Mr. PETERSON of Minnesota, Mr. SCOTT of Virginia, Mr. GINGREY, Ms. KAPTUR, Mr. CLYBURN, and Ms. DELAURO

JUNE 22, 2006 

Reported from the Committee on Government Reform with amendments 

[Omit the part struck through in brackets and insert the part printed in italic] 

DECEMBER 8, 2006 

Additional sponsors: Mr. ENGEL, Mrs. JONES of Ohio, Mr. KIND, Mr. 

KUCINICH, Ms. MCCOLLUM of Minnesota, Mr. NEAL of Massachusetts, 

Mr. REYES, Mr. RUSH, Mr. SABO, Ms. BALDWIN, Mr. BERMAN, Mr. 

BISHOP of Georgia, Ms. KILPATRICK of Michigan, Mr. TOWNS, Mr. 

OLVER, Mr. ROSS, Mr. BOUCHER, Mr. HOLT, Ms. WOOLSEY, and Mr. 

JACKSON of Illinois 

DECEMBER 8, 2006 

Reported from the Committee on Transportation and Infrastructure with an 

amendment 

[Strike out all after the enacting clause and insert the part printed in boldface roman] 

DECEMBER 8, 2006 

Referral to the Committee on Homeland Security extended for a period ending 

not later than December 8, 2006 

DECEMBER 8, 2006 

Referred to the Committee on Science for a period ending not later than December 8, 2006, for consideration of such provisions of the bill and 

amendments as fall within the jurisdiction of that committee pursuant to 

clause 1(o), rule X 

DECEMBER 8, 2006 

Committees on Homeland Security and Science discharged; committed to the 

Committee of the Whole House on the State of the Union and ordered 

to be printed 

A BILL 

To reestablish the Federal Emergency Management Agency 

as a cabinet-level independent establishment in the executive branch that is responsible for the Nation’s preparedVerDate Aug 31 2005 04:54 Dec 15, 2006 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H5316.RH H5316

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ness for, response to, recovery from, and mitigation 

against disasters, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Restoring Emergency Services to Protect Our Nation 

6 From Disasters Act of 2006’’ or the ‘‘RESPOND Act of 

7 2006’’. 

8 (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. 

Subtitle C—Federal Emergency Management Agency Procurement 

Sec. 131. Limitations on tiering of subcontractors. 

Sec. 132. Limitation on length of certain noncompetitive contracts. 

Sec. 133. Prohibition of consideration of political affiliation in award of contracts. 

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. 


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Sec. 205. Communications. 

Sec. 206. Emergency equipment assistance. 

Sec. 207. Oversight and accountability of Federal disaster expenditures. 

TITLE III—COMPREHENSIVE EMERGENCY PREPAREDNESS 

SYSTEM 

Sec. 301. National emergency preparedness. 

1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Hurricane Katrina struck the Gulf Coast on 

4 the morning of August 29, 2005, with a ferocity 

5 that left more than 1,300 individuals dead and al6 tered the physical and social landscape of the region 

7 for years to come. 

8 (2) Failures at all levels of government signifi9 cantly undermined and detracted from the heroic ef10 forts of emergency responders, private individuals 

11 and organizations, faith-based groups, and others 

12 who struggled to assist the people of the Gulf Coast. 

13 (3) Hurricane Katrina revealed that the Nation, 

14 in general, and the Department of Homeland Secu15 rity, in particular, are unprepared for a major nat16 ural disaster, accident, or terrorist attack. 

17 (4) Multiple investigations, including those by 

18 the select committee to investigate the preparation 

19 for and response to Hurricane Katrina of the House 

20 of Representatives, the Committee on Homeland Se21 curity and Governmental Affairs of the Senate, the 

22 General Accountability Office, the Inspector General 


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1 of the Department of Homeland Security, and the 

2 Homeland Security Council established by the Presi3 dent, identified the magnitude of the storm, failures 

4 of leadership, and a flawed disaster management 

5 system at all levels of government as reasons for the 

6 inadequate government response. 

7 (5) The creation of the Department of Home8 land Security placed an additional layer of manage9 ment and response authority between the President 

10 and the Federal Emergency Management Agency (in 

11 this section referred to as ‘‘FEMA’’), marginalizing 

12 the authority of the Director of FEMA. 

13 (6) During the response to Hurricane Katrina, 

14 the Department of Homeland Security executed im15 portant elements of the National Response Plan late, 

16 ineffectively, or not at all. 

17 (7) The competing priorities of the terrorism 

18 prevention mission of the Department of Homeland 

19 Security and the disaster management mission of 

20 FEMA significantly contributed to the rapid decline 

21 of FEMA’s capability to coordinate the Federal re22 sponse to Hurricane Katrina. 

23 (8) The transfer of FEMA’s preparedness 

24 grants and functions to other entities of the Depart25 ment of Homeland Security, FEMA’s tremendous 


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1 loss of experienced professional personnel, and the 

2 reduction of FEMA’s funding for equipment, train3 ing, and exercises made FEMA’s inadequate per4 formance in the face of a disaster the size of Hurri5 cane Katrina all but inevitable. 

6 (9) While some Federal departments and agen7 cies, such as the Coast Guard, performed admirably, 

8 others were inadequately prepared for Hurricane 

9 Katrina and executed their responsibilities under the 

10 National Response Plan poorly. 

11 (10) The preparedness level and capabilities of 

12 State and local governments to respond to Hurri13 cane Katrina varied tremendously. Some responded 

14 effectively while others struggled to evacuate their 

15 populations or conduct effective response operations. 

16 (11) The Federal Government has spent more 

17 than $15,000,000,000 on first responder grants 

18 since 2001, but the Nation’s core emergency man19 agement capabilities have improved little and even 

20 declined in some important respects. Federal home21 land security grant programs inadvertently divided 

22 what was once a single, all-hazards preparedness 

23 system into 2 artificially separate preparedness cat24 egories of terrorism and other disasters. 


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1 (12) Comprehensive reform of the Nation’s 

2 emergency management system is necessary to ad3 dress the dangers presented by major disasters and 

4 emergencies of all kinds. 

5 (13) The Nation’s emergency management sys6 tem is based on the following general principles: 

7 (A) Incidents are best managed at the low8 est level of government. 

9 (B) Federal assistance is provided in sup10 port of State governments. 

11 (C) Military assistance is provided in sup12 port of civil authorities. 

13 (14) Large disasters require presidential in14 volvement to lead the Federal response and mobilize 

15 the assets of the entire Federal Government, par16 ticularly Department of Defense assistance, and the 

17 President needs solid professional advice in pre18 paring for and responding to a disaster to make the 

19 right decisions. 

20 (15) Preparing for and responding to disasters, 

21 regardless of the cause, must be the top priority of 

22 the organization responsible for disaster manage23 ment. 

24 (16) The coordination of preparedness and 

25 planning to reduce the consequences of all hazards, 


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1 including terrorism, is and has always been part of 

2 FEMA’s primary mission. 

3 (17) FEMA should be reestablished as an inde4 pendent cabinet-level agency to coordinate the Fed5 eral response on behalf of the President and to lead 

6 the Nation’s efforts to improve the Nation’s all-haz7 ards emergency management system. 

8 (18) Establishing FEMA as an independent 

9 agency will enable the Department of Homeland Se10 curity to refocus efforts on preventing terrorism and 

11 free FEMA from internal competition with the ter12 rorism prevention entities of the Department for re13 sources and personnel. 

14 (19) The 4 elements of comprehensive emer15 gency management (preparedness, response, recov16 ery, and mitigation) must be closely integrated and 

17 managed within FEMA. 

18 (20) FEMA’s assets and capabilities to coordi19 nate the Federal response to a catastrophic disaster 

20 must be restored and enhanced. In particular, 

21 FEMA’s professional workforce and its incident 

22 command, communications, and logistics capabilities 

23 must be improved. 

24 (21) The tension between the Nation’s all haz25 ards emergency management system and terrorism 


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1 preparedness must be resolved. An all-hazards ap2 proach fully addresses terrorism, but preparing for 

3 terrorism alone does not address all aspects of the 

4 other hazards. 

5 (22) Governments at all levels have historically 

6 analyzed past disaster responses by participating in 

7 lessons-learned exercises, yet too often have failed to 

8 act upon recommendations necessary to produce a 

9 more effective and efficient response to future disas10 ters. 

11 (23) Congress should ensure the establishment 

12 of an all-hazards, comprehensive national emergency 

13 preparedness goal and system that will— 

14 (A) ensure a consistent approach to do15 mestic incident management; 

16 (B) establish target capabilities that each 

17 level of government should possess or to which 

18 it should have access; 

19 (C) direct resources to filling capability 

20 gaps and regularly assess the Nation’s pre21 paredness level; and 

22 (D) ensure that lessons learned and best 

23 practices are fully incorporated into the further 

24 development of the emergency preparedness 

25 system. 


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1 SEC. 3. DEFINITIONS. 

2 (a) IN GENERAL.—In this Act, the following defini3 tions apply: 

4 (1) AGENCY.—The term ‘‘Agency’’ means the 

5 Federal Emergency Management Agency established 

6 under section 101. 

7 (2) DIRECTOR.—The term ‘‘Director’’ means 

8 the Director of the Federal Emergency Management 

9 Agency appointed under section 103. 

10 (3) EMERGENCY.—The term ‘‘emergency’’ has 

11 the meaning given that term in section 102 of the 

12 Robert T. Stafford Disaster Relief and Emergency 

13 Assistance Act (42 U.S.C. 5122). 

14 (4) EMERGENCY PREPAREDNESS.—The term 

15 ‘‘emergency preparedness’’ has the meaning given 

16 that term in section 602(a) of the Robert T. Staf17 ford Disaster Relief and Emergency Assistance Act 

18 (42 U.S.C. 5195a(a)). 

19 (5) HAZARD.—The term ‘‘hazard’’ has the 

20 meaning given that term in section 602(a) of the 

21 Robert T. Stafford Disaster Relief and Emergency 

22 Assistance Act (42 U.S.C. 5195a(a)). 

23 (6) LOCAL GOVERNMENT.—The term ‘‘local 

24 government’’ has the meaning given that term in 

25 section 102 of the Robert T. Stafford Disaster Relief 

26 and Emergency Assistance Act (42 U.S.C. 5122). 


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1 (7) MAJOR DISASTER.—The term ‘‘major dis2 aster’’ has the meaning given that term in section 

3 102 of the Robert T. Stafford Disaster Relief and 

4 Emergency Assistance Act (42 U.S.C. 5122). 

5 (8) MISSION ASSIGNMENT.—The term ‘‘mission 

6 assignment’’ means a work order issued to a Federal 

7 agency by the Federal Emergency Management 

8 Agency, directing completion by that agency of a 

9 specified task and setting forth funding, other mana10 gerial controls, and guidance. 

11 (9) STATE.—The term ‘‘State’’ has the mean12 ing given that term in section 102 of the Robert T. 

13 Stafford Disaster Relief and Emergency Assistance 

14 Act (42 U.S.C. 5122). 

15 TITLE I—ESTABLISHMENT OF AN 

16 INDEPENDENT FEDERAL 

17 EMERGENCY MANAGEMENT 

18 AGENCY 

19 Subtitle A—Federal Emergency 

20 Management Agency 

21 SEC. 101. ESTABLISHMENT OF AGENCY. 

22 (a) INDEPENDENT ESTABLISHMENT.—The Federal 

23 Emergency Management Agency is established as a cabi24 net-level independent establishment in the executive 

25 branch. 


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1 (b) MISSION.—The primary mission of the Agency is 

2 to reduce the loss of life and property from all hazards, 

3 including major disasters, acts of terrorism, and other 

4 emergencies, by leading and supporting the Nation in a 

5 risk-based, comprehensive, emergency management sys6 tem of preparedness, response, recovery, and mitigation. 

7 SEC. 102. RESPONSIBILITIES. 

8 (a) IN GENERAL.—The responsibilities of the Agency 

9 include the following: 

10 (1) All functions and authorities prescribed by 

11 the Robert T. Stafford Disaster Relief and Emer12 gency Assistance Act (42 U.S.C. 5121 et seq.). 

13 (2) Carrying out its mission to reduce the loss 

14 of life and property from all hazards, including 

15 major disasters, acts of terrorism, and other emer16 gencies, by leading and supporting the Nation in a 

17 risk-based, comprehensive emergency management 

18 system of— 

19 (A) preparedness, by leading and coordi20 nating the effort to build Federal, State, and 

21 local emergency management capabilities and 

22 readiness to effectively respond to, recover 

23 from, and mitigate against all hazards; 


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1 (B) response, by leading and coordinating 

2 emergency operations to save lives, protect 

3 property, and meet basic human needs; 

4 (C) recovery, by rebuilding communities so 

5 individuals, businesses, and governments can 

6 function on their own, return to normal life, 

7 and protect against future hazards; 

8 (D) mitigation, by taking sustained actions 

9 to reduce or eliminate long-term risk to people 

10 and property from hazards and their effects; 

11 and 

12 (E) increased efficiencies, by coordinating 

13 efforts relating to preparedness, response, re14 covery, and mitigation. 

15 (3) Leading, in consultation with the Office of 

16 Personnel and Management, the Federal Govern17 ment’s continuity of operations programs by— 

18 (A) formulating guidance and establishing 

19 common standards for the Federal Government 

20 to use in developing viable, executable con21 tinuity of operations plans; 

22 (B) facilitating interagency coordination, 

23 as appropriate; and 


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1 (C) overseeing and assessing the status of 

2 continuity of operations capabilities within the 

3 Federal Government. 

4 (b) NATIONAL RESPONSE PLAN.— 

5 (1) ROLE OF FEMA.—Notwithstanding any 

6 other provision of law, the Agency shall be the lead 

7 agency for the National Response Plan. 

8 (2) REVISION OF RESPONSE PLAN.—Not later 

9 than 30 days after the date of enactment of this 

10 Act, the Director shall revise the National Response 

11 Plan to reflect the establishment of and incorporate 

12 the Agency as an independent establishment under 

13 this Act. 

14 SEC. 103. DIRECTOR; DEPUTY DIRECTOR. 

15 (a) DIRECTOR.— 

16 (1) IN GENERAL.—The Agency shall be headed 

17 by a Director, who shall be appointed by the Presi18 dent, by and with the advice and consent of the Sen19 ate, and who shall report directly to the President. 

20 The Director shall be compensated at the rate pro21 vided for at level I of the Executive Schedule under 

22 section 5312 of title 5, United States Code. 

23 (2) QUALIFICATIONS.—The Director shall be 

24 appointed from among individuals who have exten25 sive experience in emergency preparedness, response, 


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1 recovery, and mitigation for all hazards, including 

2 major disasters, acts of terrorism, and other emer3 gencies. 

4 ø(3) TERM OF OFFICE.—The term of office of 

5 an individual appointed as the Director shall be 5 

6 years. Such individual may be appointed in accord7 ance with paragraph (1) for an additional term of 5 

8 years.¿ 

9 ø(4)¿ (3) CONFORMING AMENDMENT.—Section 

10 5312 of title 5, United States Code, is amended by 

11 adding at the end the following: 

12 ‘‘Director of the Federal Emergency Manage13 ment Agency.’’. 

14 (b) DEPUTY DIRECTOR.— 

15 (1) IN GENERAL.—The Agency shall have one 

16 Deputy Director appointed in the competitive service 

17 by the Director. 

18 (2) QUALIFICATIONS.—The Deputy Director 

19 shall be appointed from among individuals who have 

20 extensive experience in emergency preparedness, re21 sponse, recovery, and mitigation for all hazards, in22 cluding major disasters, acts of terrorism, and other 

23 emergencies. 

24 (3) DUTIES.—The Deputy Director shall— 


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1 (A) carry out duties and powers prescribed 

2 by the Director; and 

3 (B) act for the Director when the Director 

4 is absent or unable to serve or when the posi5 tion of the Director is vacant. 

6 SEC. 104. OFFICE OF THE INSPECTOR GENERAL. 

7 The Agency shall have an office of the Inspector Gen8 eral, headed by an Inspector General, in accordance with 

9 the Inspector General Act of 1978 (Public Law 95–452; 

10 5 U.S.C. App.). 

11 SEC. 105. TRANSFER OF FUNCTIONS. 

12 (a) IN GENERAL.—There shall be transferred to the 

13 Director— 

14 (1) the functions of the Department of Home15 land Security relating to the Federal Emergency 

16 Management Agency, including the functions of the 

17 Department under sections 430(c)(3), 430(c)(8), 

18 502 (other than paragraph (2)), and 503(1) of the 

19 Homeland Security Act of 2002 (6 U.S.C. 238(c)(3), 

20 238(c)(8), 312, 313(1)); 

21 (2) other functions of the Directorate for Pre22 paredness of the Department (other than those func23 tions relating to law enforcement efforts to prevent 

24 and deter acts of terrorism, protect critical infra25 structure, and conduct intelligence activities); and 


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1 (3) the functions relating to the Agency under 

2 any other law, including— 

3 (A) the National Flood Insurance Act of 

4 1968 (42 U.S.C. 4001 et seq.); 

5 (B) the Robert T. Stafford Disaster Relief 

6 and Emergency Assistance Act (42 U.S.C. 5121 

7 et seq.); 

8 (C) the Earthquake Hazards Reduction 

9 Act of 1977 (42 U.S.C. 7701 et seq.); 

10 (D) the National Dam Safety Program Act 

11 (33 U.S.C. 467 et seq.); 

12 (E) the Federal Fire Prevention and Con13 trol Act of 1974 (15 U.S.C. 2201 et seq.); and 

14 (F) Reorganization Plan No. 3 of 1978 (5 

15 U.S.C. App.). 

16 (b) TRANSITION PERIOD.—The transfers under this 

17 section shall be carried not later than February 1, 2007. 

18 During the transition period, the Secretary of Homeland 

19 Security shall provide to the Director such assistance, in20 cluding the use of personnel and assets, as the Director 

21 may request in preparing for the transfer. 

22 (c) TRANSITION.—The Director may use— 

23 (1) the services of such officers, employees, and 

24 other personnel of the Agency with respect to func25 tions transferred by this section; and 


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1 (2) funds appropriated to such functions for 

2 such period of time as may reasonably be needed to 

3 facilitate the orderly implementation of this section. 

4 (d) LIAISON OFFICE TO ENSURE COORDINATION

5 WITH THE DEPARTMENT OF HOMELAND SECURITY.— 

6 The Director shall establish a liaison office within the 

7 Agency to ensure adequate coordination with the Depart8 ment of Homeland Security during an actual or potential 

9 terrorist incident. 

10 SEC. 106. PERSONNEL AND OTHER TRANSFERS. 

11 (a) PERSONNEL PROVISIONS.— 

12 (1) øAPPOINTMENTS.—¿APPLICABILITY OF

13 CIVIL SERVICE LAWS.—The Director may appoint 

14 and fix the compensation of such officers and em15 ployees, including investigators, attorneys, and ad16 ministrative law judges, as may be necessary to 

17 carry out the respective functions transferred under 

18 section 105. øExcept as otherwise provided by law, 

19 such officers and employees shall be appointed in ac20 cordance with the civil service laws and their com21 pensation fixed in accordance with title 5, United 

22 States Code.¿ Such officers and employees shall be 

23 subject to the appointment, compensation, and other 

24 provisions of title 5, United States Code, to the same 

25 extent and in the same manner as any other officer 


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1 or employee, as defined by chapter 21 of such title, ex2 cept that nothing in this Act shall be construed to 

3 permit or require that any officers or employees of the 

4 Agency be subject to chapter 97 of such title. 

5 (2) EXPERTS AND CONSULTANTS.—The Direc6 tor may obtain the services of experts and consult7 ants in accordance with section 3109 of title 5, 

8 United States Code, and compensate such experts 

9 and consultants for each day (including traveltime) 

10 during which they are engaged in the actual per11 formance of such services at rates not in excess of 

12 the rate of pay for level IV of the Executive Sched13 ule under section 5315 of such title. The Director 

14 may pay experts and consultants who are serving 

15 away from their homes or regular place of business, 

16 travel expenses and per diem in lieu of subsistence 

17 at rates authorized by sections 5702 and 5703 of 

18 such title for persons in Government service em19 ployed intermittently. 

20 (b) DELEGATION AND ASSIGNMENT.—Except where 

21 otherwise expressly prohibited by law or otherwise pro22 vided by this title, the Director may delegate any of the 

23 functions transferred to the Director by section 105 and 

24 any function transferred or granted to the Director after 

25 the date of the transfers by section 105 to such officers 


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1 and employees of the Agency as the Director may des2 ignate and may authorize successive redelegations of such 

3 functions as may be necessary or appropriate. No delega4 tion of functions by the Director under this subsection or 

5 under any other provision of this title shall relieve the Di6 rector of responsibility for the administration of such func7 tions. 

8 (c) REORGANIZATION.—The Director may allocate or 

9 reallocate any function transferred under section 105 

10 among the officers of the Agency, and may establish, con11 solidate, alter, or discontinue such organizational entities 

12 in the Agency as may be necessary or appropriate if the 

13 Director, on or before the 30th day preceding the date 

14 of the allocation or reallocation, provides to the Committee 

15 on Transportation and Infrastructure of the House of 

16 Representatives and the Committee on Homeland Security 

17 and Governmental Affairs of the Senate written notice of 

18 the allocation or reallocation. 

19 (d) RULES.—The Director may prescribe, in accord20 ance with the provisions of chapters 5 and 6 of title 5, 

21 United States Code, such rules and regulations as the Di22 rector determines necessary or appropriate to administer 

23 and manage the functions of the Agency. 

24 (e) TRANSFER AND ALLOCATIONS OF APPROPRIA25 TIONS AND PERSONNEL.—Except as otherwise provided 


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1 in this title, the personnel employed in connection with, 

2 and the assets, liabilities, contracts, property, records, and 

3 unexpended balances of appropriations, authorizations, al4 locations, and other funds employed, used, held, arising 

5 from, available to, or to be made available in connection 

6 with the functions transferred by section 105, subject to 

7 section 1531 of title 31, United States Code, shall be 

8 transferred to the Agency. Unexpended funds transferred 

9 pursuant to this subsection shall be used only for the pur10 poses for which the funds were originally authorized and 

11 appropriated. 

12 (f) INCIDENTAL TRANSFERS.—The Director of the 

13 Office of Management and Budget, in consultation with 

14 the Director, may make such determinations as may be 

15 necessary with regard to the functions transferred by sec16 tion 105, and may make such additional incidental disposi17 tions of personnel, assets, liabilities, grants, contracts, 

18 property, records, and unexpended balances of appropria19 tions, authorizations, allocations, and other funds held, 

20 used, arising from, available to, or to be made available 

21 in connection with such functions, as may be necessary 

22 to carry out the provisions of this title. The Director of 

23 the Office of Management and Budget shall provide for 

24 the termination of the affairs of all entities terminated by 

25 this title and for such further measures and dispositions 


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1 as may be necessary to effectuate the purposes of this 

2 title. 

3 (g) EFFECT ON PERSONNEL.— 

4 (1) IN GENERAL.—Except as otherwise pro5 vided by this title, the transfer pursuant to this title 

6 of full-time personnel (except special Government 

7 employees) and part-time personnel holding perma8 nent positions shall not cause any such employee to 

9 be separated or reduced in grade or compensation 

10 for one year after the date of transfer of such em11 ployee under this title. 

12 (2) EXECUTIVE SCHEDULE POSITIONS.—Except 

13 as otherwise provided in this title, any person who, 

14 on the day preceding the date of the transfers of 

15 functions under section 105, held a position com16 pensated in accordance with the Executive Schedule 

17 prescribed in chapter 53 of title 5, United States 

18 Code, and who, without a break in service, is ap19 pointed in the Agency to a position having duties 

20 comparable to the duties performed immediately pre21 ceding such appointment shall continue to be com22 pensated in such new position at not less than the 

23 rate provided for such previous position, for the du24 ration of the service of such person in such new po25 sition. 


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1 SEC. 107. SAVINGS PROVISIONS. 

2 (a) SAVINGS PROVISIONS.— 

3 (1) CONTINUING EFFECT OF LEGAL DOCU4 MENTS.—All orders, determinations, rules, regula5 tions, permits, agreements, grants, contracts, certifi6 cates, licenses, registrations, privileges, and other 

7 administrative actions— 

8 (A) which have been issued, made, grant9 ed, or allowed to become effective by the Presi10 dent, any Federal agency or official thereof, or 

11 by a court of competent jurisdiction, in the per12 formance of functions that are transferred 

13 under section 105; and 

14 (B) which are in effect on the date of the 

15 transfers of functions under section 105, or 

16 were final before such date and are to become 

17 effective on or after such date, shall continue in 

18 effect according to their terms until modified, 

19 terminated, superseded, set aside, or revoked in 

20 accordance with law by the President, the Di21 rector, or other authorized official, a court of 

22 competent jurisdiction, or by operation of law. 

23 (2) PROCEEDINGS NOT AFFECTED.—The provi24 sions of this title shall not affect any proceedings, 

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1 cial assistance pending before the Agency on the 

2 date of the transfers of functions under section 105, 

3 with respect to functions transferred by section 105 

4 but such proceedings and applications shall continue. 

5 Orders shall be issued in such proceedings, appeals 

6 shall be taken therefrom, and payments shall be 

7 made pursuant to such orders, as if this title had 

8 not been enacted, and orders issued in any such pro9 ceedings shall continue in effect until modified, ter10 minated, superseded, or revoked by a duly author11 ized official, by a court of competent jurisdiction, or 

12 by operation of law. Nothing in this paragraph shall 

13 be deemed to prohibit the discontinuance or modi14 fication of any such proceeding under the same 

15 terms and conditions and to the same extent that 

16 such proceeding could have been discontinued or 

17 modified if this title had not been enacted. 

18 (3) SUITS NOT AFFECTED.—The provisions of 

19 this title shall not affect suits commenced before the 

20 date of the transfers of functions under section 105, 

21 and in all such suits, proceedings shall be had, ap22 peals taken, and judgments rendered in the same 

23 manner and with the same effect as if this title had 

24 not been enacted. 


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1 (4) NONABATEMENT OF ACTIONS.—No suit, ac2 tion, or other proceeding commenced by or against 

3 the Agency, or by or against any individual in the 

4 official capacity of such individual as an officer of 

5 the Agency, shall abate by reason of the enactment 

6 of this title. 

7 (5) ADMINISTRATIVE ACTIONS RELATING TO

8 PROMULGATION OF REGULATIONS.—Any administra9 tive action relating to the preparation or promulga10 tion of a regulation by the Agency relating to a 

11 function transferred under section 105 may be con12 tinued by the Agency with the same effect as if this 

13 title had not been enacted. 

14 (b) REFERENCES.—Any reference in any other Fed15 eral law, Executive order, rule, regulation, or delegation 

16 of authority, or any document of or pertaining to a depart17 ment, agency, or office from which a function is trans18 ferred by section 105— 

19 (1) to the head of such department, agency, or 

20 office is deemed to refer to the head of the depart21 ment, agency, or office to which such function is 

22 transferred; or 

23 (2) to such department, agency, or office is 

24 deemed to refer to the department, agency, or office 

25 to which such function is transferred. 


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1 SEC. 108. CONFORMING AND TECHNICAL AMENDMENTS. 

2 (a) CHIEF FINANCIAL OFFICER.—Section 901(b)(2) 

3 of title 31, United States Code, is amended by adding at 

4 the end the following: 

5 ‘‘(H) The Federal Emergency Management 

6 Agency.’’. 

7 (b) RECOMMENDED LEGISLATION.— 

8 (1) IN GENERAL.—After consultation with the 

9 appropriate committees of Congress and the Direc10 tor of the Office of Management and Budget, the 

11 Director shall prepare recommended legislation con12 taining technical and conforming amendments to re13 flect the changes made by this title. 

14 (2) SUBMISSION TO CONGRESS.—Not later than 

15 90 days after the last day of the transition period 

16 referred to in section 105(b), the Director shall sub17 mit to Congress a report containing the rec18 ommended legislation. 

19 (c) REPEALS.—The following provisions of the 

20 Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) 

21 are repealed: 

22 (1) Section 503(1). 

23 (2) Section 507. 


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1 Subtitle B—Federal Emergency 

2 Management Agency Personnel 

3 SEC. 121. WORKFORCE DEVELOPMENT. 

4 (a) IN GENERAL.—Subpart I of part III of title 5, 

5 United States Code, is amended by adding at the end the 

6 following: 

7 ‘‘CHAPTER 101—FEDERAL EMERGENCY 

8 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. 

9 ‘‘§ 10101. Definitions 

10 ‘‘For purposes of this chapter— 

11 ‘‘(1) the term ‘Federal Emergency Management 

12 Agency’ or ‘Agency’ shall be considered to refer to 

13 the Federal Emergency Management Agency estab14 lished under section 101 of the RESPOND Act of 

15 2006; and 

16 ‘‘(2) the term ‘Director of the Federal Emer17 gency Management Agency’ or ‘Director’ shall be 

18 considered to refer to the Director of the Federal 

19 Emergency Management Agency appointed under 

20 section 103 of the RESPOND Act of 2006. 


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1 ‘‘§ 10102. Human capital strategy 

2 ‘‘(a) IN GENERAL.—The Director of the Federal 

3 Emergency Management Agency shall develop a human 

4 capital strategy to ensure that the Agency has a workforce 

5 of the appropriate size and with the appropriate skills and 

6 training to effectively carry out the mission and respon7 sibilities of the Agency, consistent with the policies and 

8 plans developed pursuant to this section. 

9 ‘‘(b) CONTENT.—The strategy shall include, at a 

10 minimum— 

11 ‘‘(1) a workforce development strategy for the 

12 Agency; 

13 ‘‘(2) an assessment of the workforce character14 istics and future needs of the Agency; 

15 ‘‘(3) an analysis of how the Agency’s human re16 sources policies and programs align with the Agen17 cy’s mission, strategic goals, and performance out18 comes; and 

19 ‘‘(4) any other elements that the Director deter20 mines necessary to develop and maintain a human 

21 capital strategy, including elements described in sec22 tion 1402. 

23 ‘‘(c) SCHEDULE.—The Director shall transmit to 

24 Congress— 


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1 ‘‘(1) the strategy developed under this section 

2 not later than 6 months after the date of enactment 

3 of this chapter; and 

4 ‘‘(2) periodic updates to the strategy referred to 

5 in paragraph (1). 

6 ‘‘§ 10103. Recruitment bonuses for the Federal Emer7 gency Management Agency 

8 ‘‘(a) IN GENERAL.—The Director of the Federal 

9 Emergency Management Agency may pay a bonus to an 

10 individual in order to recruit the individual for a position 

11 within the Agency that would otherwise be difficult to fill 

12 in the absence of such a bonus. 

13 ‘‘(b) BONUS AMOUNT.— 

14 ‘‘(1) IN GENERAL.—The amount of a bonus 

15 under this section shall be determined by the Direc16 tor, but may not exceed 25 percent of the annual 

17 rate of basic pay of the position involved. 

18 ‘‘(2) FORM OF PAYMENT.—A bonus under this 

19 section shall be paid in the form of a lump-sum pay20 ment and shall not be considered to be part of basic 

21 pay. 

22 ‘‘(c) SERVICE AGREEMENTS.—Payment of a bonus 

23 under this section shall be contingent upon the employee 

24 entering into a written service agreement with the Federal 


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1 Emergency Management Agency. The agreement shall in2 clude— 

3 ‘‘(1) the period of service the individual shall be 

4 required to complete in return for the bonus; and 

5 ‘‘(2) the conditions under which the agreement 

6 may be terminated before the agreed-upon service 

7 period has been completed, and the effect of the ter8 mination. 

9 ‘‘(d) ELIGIBILITY.—A bonus under this section may 

10 not be paid to recruit an individual for— 

11 ‘‘(1) a position to which an individual is ap12 pointed by the President, by and with the advice and 

13 consent of the Senate; 

14 ‘‘(2) a position in the Senior Executive Service 

15 as a noncareer appointee (as defined in section 

16 3132(a)); or 

17 ‘‘(3) a position which has been excepted from 

18 the competitive service by reason of its confidential, 

19 policy-determining, policy-making, or policy-advo20 cating character. 

21 ‘‘(e) TERMINATION.—The authority to pay bonuses 

22 under this section shall terminate 5 years after the date 

23 of enactment of this chapter. 


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1 ‘‘§ 10104. Retention bonuses for the Federal Emer2 gency Management Agency 

3 ‘‘(a) AUTHORITY.—The Director of the Federal 

4 Emergency Management Agency may pay, on a case-by5 case basis, a bonus under this section to an employee of 

6 the Agency if— 

7 ‘‘(1) the unusually high or unique qualifications 

8 of the employee or a special need of the Agency for 

9 the employee’s services makes it essential to retain 

10 the employee; and 

11 ‘‘(2) the Director determines that, in the ab12 sence of such a bonus, the employee would be likely 

13 to leave— 

14 ‘‘(A) the Federal service; or 

15 ‘‘(B) for a different position in the Federal 

16 service. 

17 ‘‘(b) SERVICE AGREEMENT.—Payment of a bonus 

18 under this section is contingent upon the employee enter19 ing into a written service agreement with the Agency to 

20 complete a period of service with the Agency. Such agree21 ment shall include— 

22 ‘‘(1) the period of service the individual shall be 

23 required to complete in return for the bonus; and 

24 ‘‘(2) the conditions under which the agreement 

25 may be terminated before the agreed-upon service 


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1 period has been completed, and the effect of the ter2 mination. 

3 ‘‘(c) BONUS AMOUNT.— 

4 ‘‘(1) IN GENERAL.—The amount of a bonus 

5 under this section shall be determined by the Direc6 tor, but may not exceed 25 percent of the annual 

7 rate of basic pay of the position involved. 

8 ‘‘(2) FORM OF PAYMENT.—A bonus under this 

9 section shall be paid in the form of a lump-sum pay10 ment and shall not be considered to be part of basic 

11 pay. 

12 ‘‘(d) LIMITATION.—A bonus under this section may 

13 not be based on any period of service which is the basis 

14 for a recruitment bonus under section 10103. 

15 ‘‘(e) TERMINATION OF AUTHORITY.—The authority 

16 to grant bonuses under this section shall expire 5 years 

17 after the date of enactment of this chapter. 

18 ‘‘§ 10105. Disaster workforce reserve cadre 

19 ‘‘(a) ESTABLISHMENT.—There is established within 

20 the Federal Emergency Management Agency a disaster 

21 workforce reserve cadre to meet the Agency’s surge re22 quirements during periods of emergency, as determined by 

23 the Director of the Federal Emergency Management 

24 Agency. 


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1 ‘‘(b) REVIEW.—Not later than 90 days after the date 

2 of enactment of this chapter, the Director shall conduct 

3 a comprehensive review of the current disaster workforce 

4 reserves for the purpose of identifying areas for redevelop5 ment. As part of the review, the Director shall review and 

6 redevelop the disaster workforce to create a capable cadre 

7 by— 

8 ‘‘(1) providing for the effective utilization of the 

9 disaster workforce; 

10 ‘‘(2) establishing consistent and shorter disaster 

11 workforce mobilization times; 

12 ‘‘(3) establishing standards to meet mission re13 quirements; 

14 ‘‘(4) establishing a robust credentialing system 

15 for the disaster workforce to integrate capabilities 

16 and skill sets into job descriptions for a more effec17 tive and faster response capability; 

18 ‘‘(5) establishing employment protections for 

19 disaster workforce reservists; øand¿ 

20 ‘‘(6) establishing a streamlined deployment sys21 temø.¿; and 

22 ‘‘(7) establishing physical and mental health care 

23 standards for the disaster workforce during and after 

24 service. 


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1 ‘‘(c) ANNUITANTS.—If an individual receiving an an2 nuity from the Civil Service Retirement and Disability 

3 Fund becomes temporarily reemployed pursuant to this 

4 section, such annuity shall not be discontinued thereby. 

5 An individual so reemployed shall not be considered an 

6 employee for the purposes of chapter 83 or ø84.¿ 84 and 

7 shall not be so reemployed for more than 180 days in con8 nection with any particular emergency unless, in the judg9 ment of the Director, the public interest so requires. 

10 ‘‘(d) EXPENSES.—The Director may provide mem11 bers of the disaster workforce reserve cadre transportation 

12 and per diem in lieu of subsistence, in accordance with 

13 applicable provisions of this title, for the purpose of par14 ticipating in any training that relates to service as a mem15 ber of the disaster workforce reserve cadre.’’. 

16 (b) CONFORMING AMENDMENT.—The table of chap17 ters for subpart I of part III of title 5, United States 

18 Code, is amended by adding at the end the following: 

‘‘101. Federal Emergency Management Agency personnel ...................... 10101’’. 

19 Subtitle C—Federal Emergency 

20 Management Agency Procurement 

21 SEC. 131. LIMITATIONS ON TIERING OF SUBCONTRACTORS. 

22 (a) REGULATIONS.—The Director shall promulgate 

23 regulations applicable to contracts described in subsection 

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1 contractors or tiers of subcontractors to perform the prin2 cipal work of the contract. 

3 (b) SPECIFIC REQUIREMENT.—At a minimum, the 

4 regulations promulgated under subsection (a) shall preclude 

5 a contractor from using subcontracts for more than 65 per6 cent of the cost of the contract (not including overhead and 

7 profit), unless the Director determines that exceptional cir8 cumstances apply. 

9 (c) COVERED CONTRACTS.—This section applies to 

10 any cost-reimbursement type contract in an amount greater 

11 than the simplified acquisition threshold (as defined by sec12 tion 4 of the Office of Federal Procurement Policy Act (41 

13 U.S.C. 403)) entered into by the Agency to facilitate re14 sponse to or recovery from a major disaster or emergency. 

15 SEC. 132. LIMITATION ON LENGTH OF CERTAIN NON16 COMPETITIVE CONTRACTS. 

17 (a) REGULATIONS.—The Director shall promulgate 

18 regulations applicable to contracts described in subsection 

19 (c) to restrict the contract period of any such contract en20 tered into using procedures other than competitive proce21 dures pursuant to the exception provided in paragraph (2) 

22 of section 303(c) of the Federal Property and Administra23 tive Services Act of 1949 (41 U.S.C. 253(c)) to the min24 imum contract period necessary— 


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1 (1) to meet the urgent and compelling require2 ments of the work to be performed under the contract; 

3 and 

4 (2) to enter into another contract for the re5 quired goods or services through the use of competitive 

6 procedures. 

7 (b) SPECIFIC CONTRACT PERIOD.—The regulations 

8 promulgated under subsection (a) shall require the contract 

9 period to not exceed 240 days, unless the Director deter10 mines that exceptional circumstances apply. 

11 (c) COVERED CONTRACTS.—This section applies to 

12 any contract in an amount greater than the simplified ac13 quisition threshold (as defined by section 4 of the Office of 

14 Federal Procurement Policy Act (41 U.S.C. 403)) entered 

15 into by the Agency to facilitate response to or recovery from 

16 a major disaster or emergency. 

17 SEC. 133. PROHIBITION OF CONSIDERATION OF POLITICAL 

18 AFFILIATION IN AWARD OF CONTRACTS. 

19 In the solicitation, evaluation, award, or termination 

20 of any contract of the Agency, no preference or consider21 ation may be given to the political party affiliation of, the 

22 political contributions of, or the political views expressed 

23 by, the contractor or potential contractor or its officers or 

24 employees. 


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1 TITLE II—STRENGTHENING THE 

2 FEDERAL EMERGENCY MAN3 AGEMENT AGENCY 

4 SEC. 201. CATASTROPHIC PLANNING PROGRAM. 

5 Subtitle A of title VI of the Robert T. Stafford Dis6 aster Relief and Emergency Assistance Act (42 U.S.C. 

7 5196 et seq.) is amended by adding at the end the fol8 lowing: 

9 ‘‘SEC. 616. CATASTROPHIC PLANNING PROGRAM. 

10 ‘‘(a) ESTABLISHMENT.—The Director shall establish 

11 a program to assist States and local governments rep12 resenting areas at substantial risk for a catastrophic inci13 dent, and other Federal agencies as appropriate, in devel14 oping a comprehensive program to prepare for a cata15 strophic incident. 

16 ‘‘(b) ACTIVITIES.—The program may include plan17 ning, training, exercises, and such other activities as the 

18 Director considers necessary. 

19 ‘‘(c) SITE SELECTION.—In conducting the program, 

20 the Director, in coordination with a State or local govern21 ment, shall select sites within the jurisdiction of such 

22 State or local government that are at substantial risk for 

23 a catastrophic incident and require additional prepared24 ness activities to ensure an effective response and recov25 ery. 


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1 ‘‘(d) CATASTROPHIC INCIDENT.—In this section, the 

2 term ‘catastrophic incident’ means any natural or man3 made incident, including terrorism, that results in extraor4 dinary levels of mass casualties, damage, or disruption se5 verely affecting the population, infrastructure, environ6 ment, economy, national morale, or government functions. 

7 ‘‘(e) REPORT.—The Director shall submit to the 

8 Committee on Transportation and Infrastructure of the 

9 House of Representatives and the Committee on Home10 land Security and Governmental Affairs of the Senate a 

11 report on the preparedness levels of participating jurisdic12 tions. 

13 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

14 is authorized to be appropriated to carry out this section 

15 $30,000,000 for fiscal year 2007, $32,000,000 for fiscal 

16 year 2008, $34,000,000 for fiscal year 2009, and such 

17 sums as are necessary for each fiscal year thereafter. Such 

18 sums shall remain available until expended.’’. 

19 SEC. 202. EMERGENCY RESPONSE TEAMS. 

20 Section 303 of the Robert T. Stafford Disaster Relief 

21 and Emergency Assistance Act (42 U.S.C. 5144) is 

22 amended— 

23 (1) by striking the section heading and all that 

24 follows through ‘‘The President shall’’ and inserting 

25 the following: 


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1 ‘‘SEC. 303. EMERGENCY SUPPORT AND RESPONSE TEAMS. 

2 ‘‘(a) EMERGENCY SUPPORT TEAMS.—The President 

3 shall’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(b) EMERGENCY RESPONSE TEAMS.— 

6 ‘‘(1) ESTABLISHMENT.—In carrying out sub7 section (a), the President, acting through the Direc8 tor of the Federal Emergency Management Agency, 

9 shall establish at a minimum 3 national response 

10 teams and sufficient regional and other response 

11 teams as may be necessary to meet the incident 

12 management responsibilities of the Federal Govern13 ment. 

14 ‘‘(2) TARGET CAPABILITY LEVEL.—The Direc15 tor shall ensure that specific target capability levels, 

16 as defined pursuant to the guidelines established 

17 under section 703(b)(2)(A), are established for Fed18 eral emergency response teams. 

19 ‘‘(3) PERSONNEL.—The President, acting 

20 through the Director, shall ensure that the Federal 

21 emergency response teams consist of adequate num22 bers of properly planned, organized, equipped, 

23 trained, and exercised personnel to achieve the es24 tablished target capability levels. 

25 ‘‘(4) READINESS REPORTING.—The Director 

26 shall evaluate team readiness on a regular basis and 


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1 report team readiness levels in the report required 

2 under section 703(b)(8)(A).’’. 

3 SEC. 203. EMERGENCY OPERATIONS CENTERS. 

4 (a) NATIONAL.—The Director shall maintain and op5 erate within the Federal Emergency Management Agency 

6 a national emergency operations center to support Federal 

7 emergency operations. 

8 (b) REGIONAL.—The Director shall ensure that each 

9 region of the Agency maintains and operates an emer10 gency operations center to support Federal emergency op11 erations. 

12 (c) TARGET CAPABILITY LEVELS.—The Director 

13 shall ensure that specific target capability levels, as de14 fined pursuant to the guidelines established under section 

15 703(b)(2)(A) of the Robert T. Stafford Disaster Relief 

16 and Emergency Assistance Act (as added by this Act), are 

17 established for national and regional emergency operations 

18 centers. 

19 (d) PERSONNEL.—The Director shall ensure that the 

20 national and regional emergency operations centers consist 

21 of adequate numbers of properly planned, organized, 

22 equipped, trained, and exercised personnel to achieve the 

23 established target capability levels. 

24 (e) READINESS REPORTING.—The Director shall 

25 evaluate the readiness of the emergency operations centers 


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1 on a regular basis and report readiness levels in the report 

2 required under section 703(b)(8)(A) of such Act. 

3 SEC. 204. LOGISTICS. 

4 (a) IN GENERAL.—The Director shall develop an effi5 cient, transparent, and flexible logistics system for pro6 curement and delivery of goods and services necessary for 

7 an effective and timely response to major disasters and 

8 other emergencies and for real-time visibility of items at 

9 each point throughout the logistics system. 

10 (b) SYSTEM DEVELOPMENT.—The Director shall en11 sure that the logistics system is developed through the use 

12 of in-house, private sector, and other Federal agency logis13 tics capabilities (or a combination thereof). 

14 (c) STATE AND LOCAL CONTRACTS.—The Director 

15 shall encourage State and local governments to establish 

16 contracts with private sector vendors for disaster relief 

17 supplies in advance of major disasters and other emer18 gencies. 

19 SEC. 205. COMMUNICATIONS. 

20 (a) COMMUNICATIONS CAPABILITY.—The Director 

21 shall establish and maintain a durable, deployable, oper22 able, and interoperable communications capability within 

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1 munications systems during major disasters and other 

2 emergencies. 

3 (b) RECONNAISSANCE TEAMS.—The Director shall 

4 establish self-sustaining reconnaissance teams to relay in5 formation back to Agency headquarters to improve situa6 tional awareness and incident management coordination. 

7 SEC. 206. EMERGENCY EQUIPMENT ASSISTANCE. 

8 Subtitle B of title VI of the Robert T. Stafford Dis9 aster Relief and Emergency Assistance Act (42 U.S.C. 

10 5197 et seq.) is amended by adding at the end the fol11 lowing: 

12 ‘‘SEC. 630. EMERGENCY EQUIPMENT ASSISTANCE. 

13 ‘‘(a) GRANTS.—The Director shall carry out a pro14 gram to make grants to States and local governments to 

15 improve the response capabilities of the States and local 

16 governments in the event of a major disaster or other 

17 emergency. 

18 ‘‘(b) USE OF FUNDS.—Grants amounts received by 

19 a State or local government under this section shall be 

20 used— 

21 ‘‘(1) to purchase or improve commercially avail22 able interoperable communications equipment that— 

23 ‘‘(A) complies with, where applicable, na24 tional voluntary consensus standards; 


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1 ‘‘(B) facilitates operability, interoper2 ability, coordination, and integration between 

3 and among emergency communications systems 

4 (including satellite phone and satellite commu5 nications equipment); and 

6 ‘‘(C) ensures that first responders, govern7 ment officials, and emergency personnel are 

8 able to adequately and effectively communicate 

9 with each other in the event of a major disaster 

10 or other emergency; 

11 ‘‘(2) to purchase mobile equipment to generate 

12 emergency power; and 

13 ‘‘(3) to train first responders and emergency 

14 personnel on how best to use effectively such equip15 ment. 

16 ‘‘(c) APPLICATIONS.—A State or local government 

17 seeking a grant under this section shall submit to the Di18 rector an application at such time, in such manner, and 

19 accompanied by such information as the Director may re20 quire. 

21 ‘‘(d) TECHNICAL ASSISTANCE.—The Director shall 

22 provide to States and local governments technical assist23 ance with respect to the procurement, installation, and use 

24 of equipment under subsection (b)(1). 


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1 ‘‘(e) COORDINATION.—In implementing the program, 

2 the Director shall ensure the coordination with other 

3 emergency equipment assistance grant programs. 

4 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

5 is authorized to be appropriated to carry out this section 

6 $200,000,000 for each of fiscal years 2006, 2007, and 

7 2008. Such sums shall remain available until expended.’’. 

8 SEC. 207. OVERSIGHT AND ACCOUNTABILITY OF FEDERAL 

9 DISASTER EXPENDITURES. 

10 (a) PURPOSE.—The purposes of this section is to en11 sure that Federal agencies exercise sufficient stewardship 

12 over the funds provided to the agencies through Agency 

13 mission assignments for disaster response, relief, and re14 covery activities by requiring and funding management 

15 oversight activities to prevent fraud, waste, and abuse and 

16 to detect and pursue prosecution of fraud so that tax17 payers’ interests are fully protected. 

18 (b) AUTHORITY OF DIRECTOR TO DESIGNATE FUNDS

19 FOR OVERSIGHT ACTIVITIES.—The Director may des20 ignate up to one percent of the final value of mission as21 signments provided to Federal agencies to be used by the 

22 recipient agency for performing oversight of activities car23 ried out under the Agency reimbursable mission assign24 ment process. Such funds shall remain available until ex25 pended. 


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1 (c) USE OF FUNDS.— 

2 (1) TYPES OF OVERSIGHT ACTIVITIES.—Over3 sight funds may be used for the following types of 

4 oversight activities related to Agency mission assign5 ments: 

6 (A) Monitoring, tracking, and auditing ex7 penditures of funds. 

8 (B) Ensuring that sufficient management 

9 and internal control mechanisms are available 

10 so that Agency funds are spent appropriately 

11 and in accordance with all applicable laws and 

12 regulations. 

13 (C) Reviewing selected contracts and other 

14 activities. 

15 (D) Investigating allegations of fraud in16 volving Agency funds. 

17 (E) Conducting and participating in fraud 

18 prevention activities with other Federal, State, 

19 and local government personnel and contrac20 tors. 

21 (2) OTHER MISSION ASSIGNMENTS.—Oversight 

22 funds may be expended for oversight activities re23 lated to a disaster mission assignment other than 

24 the mission assignment for which the funds were ini25 tially provided. 


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1 (3) PROGRESS REPORTS.—Oversight funds may 

2 be used to produce progress reports required under 

3 subsection (e). 

4 (d) RESTRICTION ON USE OF FUNDS.—Oversight 

5 funds may not be used to finance existing and inherent 

6 agency oversight responsibilities related to direct agency 

7 appropriations used for disaster response, relief, and re8 covery activities. 

9 (e) FEDERAL DISASTER ASSISTANCE ACCOUNT10 ABILITY REPORTS.—A Federal agency receiving oversight 

11 funds under this section shall submit annually to the Di12 rector and the appropriate committees of Congress a con13 solidated report regarding the use of such funds, including 

14 information summarizing oversight activities and the re15 sults achieved. 

16 (f) OVERSIGHT FUNDS.—In this section, the term 

17 ‘‘oversight funds’’ means funds referred to in subsection 

18 (b) that are designated for use in performing oversight 

19 activities. 


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1 TITLE III—COMPREHENSIVE 

2 EMERGENCY PREPAREDNESS 

3 SYSTEM 

4 SEC. 301. NATIONAL EMERGENCY PREPAREDNESS. 

5 (a) IN GENERAL.—The Robert T. Stafford Disaster 

6 Relief and Emergency Assistance Act (42 U.S.C. 5122 et 

7 seq.) is amended— 

8 (1) by redesignating title VII as title VIII; 

9 (2) by redesignating sections 701 through 705 

10 as sections 801 through 805, respectively; and 

11 (3) by inserting after title VI the following: 

12 ‘‘TITLE VII—COMPREHENSIVE 

13 EMERGENCY PREPAREDNESS 

14 SYSTEM 

15 ‘‘SEC. 701. DEFINITIONS. 

16 ‘‘In this title, the definitions contained in section 602 

17 and the following definitions apply: 

18 ‘‘(1) CAPABILITY.—The term ‘capability’ means 

19 the ability to provide the means to accomplish one 

20 or more tasks under specific conditions and to spe21 cific performance standards. A capability may be de22 livered with any combination of properly planned, or23 ganized, equipped, trained, and exercised personnel 

24 that achieves the intended outcome. 


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1 ‘‘(2) COVERED GRANT.—The term ‘covered 

2 grant’ means a grant referred to in section 708 and 

3 any other emergency preparedness grant adminis4 tered by the Federal Emergency Management Agen5 cy. 

6 ‘‘(3) MISSION ASSIGNMENT.—The term ‘mission 

7 assignment’ means a work order issued to a Federal 

8 agency by the Federal Emergency Management 

9 Agency, directing completion by that agency of a 

10 specified task and setting forth funding, other mana11 gerial controls, and guidance. 

12 ‘‘(4) OPERATIONAL READINESS.—The term 

13 ‘operational readiness’ means the capability of an or14 ganization, an asset, a system, or equipment to per15 form the missions or functions for which it is orga16 nized or designed. 

17 ‘‘(5) PERFORMANCE MEASURE.—The term ‘per18 formance measure’ means a quantitative or quali19 tative characteristic used to gauge the results of an 

20 outcome compared to its intended purpose. 

21 ‘‘(6) PERFORMANCE METRIC.—The term ‘per22 formance metric’ means a particular value or char23 acteristic used to measure the outcome that is gen24 erally expressed in terms of a baseline and a target. 


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1 ‘‘SEC. 702. NATIONAL EMERGENCY PREPAREDNESS GOAL. 

2 ‘‘(a) ESTABLISHMENT.—The President, acting 

3 through the Director, shall establish and revise as nec4 essary a national emergency preparedness goal that de5 fines the target level of emergency preparedness to ensure 

6 the Nation’s ability to respond to, recover from, and miti7 gate against all hazards, including major disasters and 

8 other emergencies. 

9 ‘‘(b) NATIONAL INCIDENT MANAGEMENT SYSTEM

10 AND NATIONAL RESPONSE PLAN.—The national emer11 gency preparedness goal, to the greatest extent prac12 ticable, shall be consistent with the national incident man13 agement system and national response plan. 

14 ‘‘SEC. 703. ESTABLISHMENT OF THE NATIONAL EMER15 GENCY PREPAREDNESS SYSTEM. 

16 ‘‘(a) ESTABLISHMENT.—The President, acting 

17 through the Director, shall establish a national emergency 

18 preparedness system to enable the Nation to meet the na19 tional emergency preparedness goal. 

20 ‘‘(b) COMPONENTS.—The national emergency pre21 paredness system includes the following components: 

22 ‘‘(1) NATIONAL PLANNING SCENARIOS.— 

23 ‘‘(A) IN GENERAL.—The Director, in co24 ordination with the heads of other appropriate 

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1 ning scenarios to reflect the relative risk re2 quirements presented by all hazards in order to 

3 provide the foundation for the flexible and 

4 adaptive development of target capabilities and 

5 the identification of target capability levels to 

6 meet the national emergency preparedness goal. 

7 ‘‘(B) DEVELOPMENT.—In developing na8 tional planning scenarios, the Director shall en9 sure that the scenarios— 

10 ‘‘(i) reflect the relative risk of all haz11 ards and illustrate the potential scope, 

12 magnitude, and complexity of a broad 

13 range of representative hazards; and 

14 ‘‘(ii) provide the minimum number of 

15 representative scenarios necessary to iden16 tify and define the tasks and target capa17 bilities required to respond to all hazards. 

18 ‘‘(2) TARGET CAPABILITIES AND EMERGENCY

19 PREPAREDNESS PRIORITIES.— 

20 ‘‘(A) ESTABLISHMENT OF GUIDELINES ON

21 TARGET CAPABILITIES.—Not later than 180 

22 days after the date of enactment of the Restor23 ing Emergency Services to Protect Our Nation 

24 From Disasters Act of 2006, the Director, in 

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1 priate Federal agencies, including the National 

2 Council on Disability, and the Task Force es3 tablished under section 707(a), shall update 

4 and revise as necessary guidelines to define the 

5 risk-based target capabilities for Federal, State, 

6 and local government emergency preparedness 

7 that enables the Nation to respond to, recover 

8 from, and mitigate against all hazards, includ9 ing major disasters and other emergencies. 

10 ‘‘(B) DISTRIBUTION OF GUIDELINES.— 

11 The Director shall ensure that the guidelines 

12 are provided promptly to Congress and the 

13 States. The States are encouraged to make the 

14 guidelines available to local governments within 

15 their jurisdictions. 

16 ‘‘(C) OBJECTIVES.—The Director shall en17 sure that the guidelines established under sub18 paragraph (A) meet the following objectives: 

19 ‘‘(i) SPECIFICITY.—The guidelines 

20 specifically describe the training, planning, 

21 personnel, and equipment that Federal, 

22 State, and local governments need to pos23 sess, or to which they need to have access, 

24 in order to meet the national emergency 

25 preparedness goal. 


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1 ‘‘(ii) FLEXIBILITY.—The guidelines 

2 are sufficiently flexible to allow Federal, 

3 State, and local government officials to set 

4 priorities based on particular needs, while 

5 achieving nationally determined emergency 

6 preparedness levels within a specified time 

7 period. 

8 ‘‘(iii) MEASURABILITY.—The guide9 lines are designed to enable measurement 

10 of progress toward specific emergency pre11 paredness levels. 

12 ‘‘(D) EMERGENCY PREPAREDNESS PRIOR13 ITIES.—In establishing the guidelines under 

14 subparagraph (A), the Director shall establish 

15 emergency preparedness priorities that appro16 priately balance the risk of all hazards, includ17 ing major disasters and other emergencies with 

18 the resources required to respond to, recover 

19 from, and mitigate against them. 

20 ‘‘(E) MUTUAL AID AGREEMENTS.—The 

21 Director may provide support for the develop22 ment of mutual aid agreements within States. 

23 ‘‘(3) EQUIPMENT.— 

24 ‘‘(A) EQUIPMENT STANDARDS.— 


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1 ‘‘(i) IN GENERAL.—The Director, in 

2 coordination with the heads of other appro3 priate Federal agencies and the Task 

4 Force established under section 707(a), 

5 shall develop, promulgate, and update as 

6 necessary national voluntary consensus 

7 standards for first responder equipment 

8 for use in the field. In developing such 

9 standards, the Director shall— 

10 ‘‘(I) ensure that the standards 

11 encourage and support nationwide 

12 interoperability and operability of 

13 equipment and other capabilities con14 sistent with the national emergency 

15 preparedness goal, including the safe16 ty and health of first responders; 

17 ‘‘(II) to the maximum extent 

18 practicable, ensure that the standards 

19 are consistent with any existing vol20 untary consensus standards; 

21 ‘‘(III) to the maximum extent 

22 practicable, ensure that the standards 

23 use technologies already certified by 

24 other Federal agencies of the United 

25 States; 


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1 ‘‘(IV) take into account, as ap2 propriate, threats that may not have 

3 been contemplated when such existing 

4 standards were developed; and 

5 ‘‘(V) focus on maximizing inter6 operability, operability, interchange7 ability, durability, flexibility, effi8 ciency, efficacy, portability, sustain9 ability, and safety of equipment. 

10 ‘‘(ii) DEADLINE.—Not later than 180 

11 days after the date of enactment of the Re12 storing Emergency Services to Protect Our 

13 Nation From Disasters Act of 2006, the 

14 Director shall promulgate standards under 

15 this subparagraph. 

16 ‘‘(B) CONSULTATION WITH STANDARDS

17 ORGANIZATIONS.—Before issuing standards, the 

18 Director shall also consult with relevant public 

19 and private sector standards organizations. 

20 ‘‘(4) TRAINING AND EXERCISES.— 

21 ‘‘(A) PROGRAM.—Not later than 180 days 

22 after the date of enactment of the Restoring 

23 Emergency Services to Protect Our Nation 

24 From Disasters Act of 2006, the Director, in 

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1 priate Federal agencies, including the National 

2 Council on Disability, and the Task Force es3 tablished under section 707(a), shall establish 

4 and maintain a comprehensive training program 

5 for all levels of government to implement the 

6 national emergency preparedness goal, national 

7 incident management system, and national re8 sponse plan. 

9 ‘‘(B) TRAINING STANDARDS.—The Direc10 tor shall develop and update as necessary, na11 tional voluntary consensus standards for the 

12 training program established under subpara13 graph (A). 

14 ‘‘(C) EXERCISES.—The Director, in coordi15 nation with the heads of other appropriate Fed16 eral agencies and the Task Force established 

17 under section 707(a), shall establish and main18 tain a program, including risk-based scenarios 

19 that stress the emergency management system, 

20 to conduct emergency preparedness-related ex21 ercises that reinforce identified training stand22 ards, provide for evaluation of emergency pre23 paredness, and support the national emergency 

24 preparedness goal, national incident manage25 ment system, and national response plan. 


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1 ‘‘(5) COMPREHENSIVE ASSESSMENT SYSTEM.— 

2 ‘‘(A) ESTABLISHMENT.—The Director, in 

3 coordination with the National Council on Dis4 ability and the Task Force established under 

5 section 707(a), shall establish a comprehensive 

6 system to assess on an ongoing basis, the Na7 tion’s overall emergency preparedness, including 

8 operational readiness. 

9 ‘‘(B) PERFORMANCE METRICS AND MEAS10 URES.—The Director shall ensure that each 

11 component of the national emergency prepared12 ness system, national incident management sys13 tem, and national response plan is developed 

14 with clear and quantifiable performance 

15 metrics, measures, and outcomes. 

16 ‘‘(C) CONTENTS.—The assessment system 

17 established under subparagraph (A) shall as18 sess— 

19 ‘‘(i) compliance with the national 

20 emergency preparedness system, national 

21 incident management system, and national 

22 response plan to achieve a consistent ap23 proach to national emergency preparedness 

24 and response; 


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1 ‘‘(ii) capability levels at the time of 

2 assessment against target capability levels 

3 defined pursuant to the guidelines estab4 lished under paragraph (2)(A); 

5 ‘‘(iii) resource needs to meet the de6 sired target capability levels defined pursu7 ant to the guidelines established under 

8 paragraph (2)(A); and 

9 ‘‘(iv) performance of training, exer10 cises, and operations. 

11 ‘‘(6) BEST PRACTICES, AFTER ACTION RE12 VIEWS, AND REMEDIAL ACTION PROGRAM.— 

13 ‘‘(A) IN GENERAL.—The Director, in co14 ordination with the National Council on Dis15 ability and the Task Force established under 

16 section 707(a), shall establish a system for 

17 identifying best practices and conducting after 

18 action reviews of incidents and exercises. 

19 ‘‘(B) REMEDIAL ACTION.—The Director, 

20 in coordination with the National Council on 

21 Disability and the Task Force established under 

22 section 707(a), shall ensure through a remedial 

23 action program that the best practices and after 

24 action reviews identified under subparagraph 

25 (A) are used to revise and update the national 


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1 emergency preparedness system, national inci2 dent management system, and national re3 sponse plan on a continual basis. 

4 ‘‘(7) FEDERAL RESPONSE CAPABILITY INVEN5 TORY.— 

6 ‘‘(A) IN GENERAL.—Not later than 180 

7 days after the date of enactment of the Restor8 ing Emergency Services to Protect Our Nation 

9 From Disasters Act of 2006, the Director, in 

10 coordination with the heads of other appro11 priate Federal agencies, shall develop and main12 tain a Federal response capability inventory 

13 that includes the performance parameters of 

14 the capability, the timeframe within which the 

15 capability can be brought to bear on an inci16 dent, and the readiness of such capability to re17 spond to all hazards, including major disasters 

18 and other emergencies. 

19 ‘‘(B) DEPARTMENT OF DEFENSE.—The 

20 Director, in coordination with the Secretary of 

21 Defense, shall develop a list of organizations 

22 and functions within the Department of De23 fense that may be used, pursuant to the author24 ity provided under sections 402, 403, and 502 

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1 ties during major disasters and other emer2 gencies. 

3 ‘‘(8) REPORTING REQUIREMENTS.— 

4 ‘‘(A) FEDERAL EMERGENCY PREPARED5 NESS REPORT.— 

6 ‘‘(i) IN GENERAL.—Not later than 12 

7 months after the date of enactment of the 

8 Restoring Emergency Services to Protect 

9 Our Nation From Disasters Act of 2006, 

10 and annually thereafter, the Director, in 

11 coordination with the heads of other appro12 priate Federal agencies, shall submit to the 

13 Committee on Transportation and Infra14 structure of the House of Representatives 

15 and the Committee on Homeland Security 

16 and Governmental Affairs of the Senate a 

17 report on the Nation’s level of emergency 

18 preparedness. 

19 ‘‘(ii) CONTENTS.—Each report shall 

20 include— 

21 ‘‘(I) an assessment of how Fed22 eral emergency preparedness assist23 ance supports the national emergency 

24 preparedness system; 


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1 ‘‘(II) an assessment of compli2 ance with the national emergency pre3 paredness system, national incident 

4 management system, and national re5 sponse plan; 

6 ‘‘(III) an assessment of current 

7 Federal and State capability levels 

8 and a description of target capability 

9 levels defined pursuant to the guide10 lines established under paragraph 

11 (2)(A); 

12 ‘‘(IV) an assessment of perform13 ance of training, exercises, and oper14 ations; 

15 ‘‘(V) information on the use of 

16 mutual aid agreements; 

17 ‘‘(VI) a review of the inventory 

18 described in paragraph (7)(A); and 

19 ‘‘(VII) an assessment of resource 

20 needs to meet target capability levels 

21 defined pursuant to the guidelines es22 tablished under paragraph (2)(A), in23 cluding— 

24 ‘‘(aa) an estimate of the 

25 amount of Federal, State, and 


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1 local expenditures required to at2 tain the target capability levels; 

3 and 

4 ‘‘(bb) the extent to which 

5 target capability levels were cre6 ated or enhanced as the result of 

7 using covered grant funds during 

8 the preceding fiscal year. 

9 ‘‘(B) STATE EMERGENCY PREPAREDNESS

10 REPORT.— 

11 ‘‘(i) IN GENERAL.—Not later than 15 

12 months after the date of enactment of the 

13 Restoring Emergency Services to Protect 

14 Our Nation From Disasters Act of 2006, 

15 and annually thereafter, a State receiving 

16 a covered grant shall submit a report to 

17 the Director on the State’s level of emer18 gency preparedness. 

19 ‘‘(ii) CONTENTS.—Each report shall 

20 include— 

21 ‘‘(I) an assessment of State com22 pliance with the national emergency 

23 preparedness system, national incident 

24 management system, and national re25 sponse plan; 


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1 ‘‘(II) an assessment of current 

2 capability levels and a description of 

3 target capability levels; 

4 ‘‘(III) an assessment of State 

5 performance of training, exercises, 

6 and operations; 

7 ‘‘(IV) information on the use of 

8 mutual aid agreements; 

9 ‘‘(V) information on the distribu10 tion by the State of the guidelines es11 tablished by paragraph (2)(A) to local 

12 governments within its jurisdiction; 

13 and 

14 ‘‘(VI) an assessment of resource 

15 needs to meet target capability levels 

16 defined pursuant to the guidelines es17 tablished under paragraph (2)(A), in18 cluding— 

19 ‘‘(aa) an estimate of the 

20 amount of expenditures required 

21 to attain the target capability lev22 els; and 

23 ‘‘(bb) the extent to which 

24 target capability levels were cre25 ated or enhanced as the result of 


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1 using covered grant funds during 

2 the preceding fiscal year. 

3 ‘‘(C) USE OF QUANTIFIABLE PERFORM4 ANCE MEASUREMENTS.—To the extent prac5 ticable, each report shall be based on quantifi6 able performance measurements. 

7 ‘‘SEC. 704. NATIONAL INCIDENT MANAGEMENT SYSTEM. 

8 ‘‘(a) NATIONAL INCIDENT MANAGEMENT SYSTEM.— 

9 There is hereby established a national incident manage10 ment system that encompasses a single, comprehensive ap11 proach to domestic incident management to ensure that 

12 all levels of government across the Nation have the capa13 bility to work efficiently and effectively together by using 

14 a consistent approach to domestic incident management 

15 for all hazards, including major disasters and other emer16 gencies. 

17 ‘‘(b) RESPONSIBILITIES OF DIRECTOR.— 

18 ‘‘(1) RESPONSIBILITY FOR SYSTEM.—The Di19 rector shall be responsible for all aspects of the na20 tional incident management system, including com21 pleting, implementing, maintaining, and revising the 

22 system. 

23 ‘‘(2) COORDINATION OF SYSTEM.—The Director 

24 shall coordinate with the heads of other appropriate 

25 Federal agencies in revising the system. 


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1 ‘‘SEC. 705. NATIONAL RESPONSE PLAN. 

2 ‘‘(a) RESPONSIBILITIES OF DIRECTOR.— 

3 ‘‘(1) RESPONSIBILITY FOR PLAN.—The Direc4 tor shall be responsible for all aspects of the national 

5 response plan, including completing, implementing, 

6 maintaining, and revising the plan. 

7 ‘‘(2) COORDINATION OF PLAN.—The Director 

8 shall coordinate with the heads of other appropriate 

9 Federal agencies, including the National Council on 

10 Disability, in revising the plan. 

11 ‘‘(b) INITIAL REVIEW AND REVISION OF RESPONSE

12 PLAN.— 

13 ‘‘(1) IN GENERAL.—Not later than March 1, 

14 2007, the Director shall, in coordination with the 

15 heads of other appropriate Federal agencies, includ16 ing the National Council on Disability, and the Task 

17 Force established under section 707(a), complete a 

18 comprehensive review of the national response plan 

19 for the purpose of identifying areas for revision. 

20 ‘‘(2) REVIEW AND REVISE.—As part of the re21 view, the Director shall review and revise the na22 tional response plan— 

23 ‘‘(A) to ensure integration and consistency 

24 with the national incident management system; 


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1 ‘‘(B) to establish a protocol for a proactive 

2 Federal response in support of a State to a cat3 astrophic disaster with or without warning; and 

4 ‘‘(C) to clarify the role of who is in charge 

5 of the Federal disaster response. 

6 ‘‘(c) MISSION ASSIGNMENTS.—To expedite the provi7 sion of assistance under the national response plan, the 

8 Director, in coordination with the heads of other appro9 priate Federal agencies and the Task Force established 

10 under section 707(a), shall develop prescripted mission as11 signments for logistics, communications, mass care, health 

12 services, and public safety. 

13 ‘‘SEC. 706. FEDERAL EMERGENCY PREPAREDNESS. 

14 ‘‘(a) AGENCY RESPONSIBILITY.—In support of the 

15 national emergency preparedness system established 

16 under this title, the President shall ensure that each Fed17 eral agency with responsibility for responding to major 

18 disasters and other emergencies shall— 

19 ‘‘(1) have the operational capability, including 

20 the personnel to make and communicate decisions, 

21 organizational structures that are assigned, trained, 

22 and exercised for their missions, sufficient physical 

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1 nicate decisions to meet the national emergency pre2 paredness goal; 

3 ‘‘(2) have the operational command and control 

4 structures that comply with the national incident 

5 management system; 

6 ‘‘(3) develop, in support of crisis operational ca7 pability, a deliberate planning capability, including 

8 plans, personnel, and training; and 

9 ‘‘(4) develop, train, and exercise rosters of dis10 aster response personnel to be deployed when the or11 ganization is called upon to support a Federal re12 sponse. 

13 ‘‘(b) CONSTRUCTION.—Nothing in this section shall 

14 limit the authority of the Secretary of Defense with regard 

15 to the command and control, training, planning, equip16 ment, exercises, or employment of Department of Defense 

17 forces, or the allocation of Department of Defense re18 sources. 

19 ‘‘SEC. 707. NATIONAL EMERGENCY PREPAREDNESS TASK 

20 FORCE. 

21 ‘‘(a) ESTABLISHMENT.—The Director shall establish 

22 a National Emergency Preparedness Task Force (referred 

23 to in this section as the ‘Task Force’) to ensure effective 

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1 ards that incorporates State and local government and pri2 vate sector input in the development and revision of the 

3 national emergency preparedness goal, the national emer4 gency preparedness system, national incident management 

5 system, and national response plan. 

6 ‘‘(b) MEMBERSHIP.— 

7 ‘‘(1) IN GENERAL.—The Task Force shall con8 sist of members appointed by the Director from 

9 State and local emergency management organiza10 tions and governmental and nongovernmental emer11 gency response organizations from the State and 

12 local levels. 

13 ‘‘(2) REPRESENTATION.—To the extent prac14 ticable, Task Force members shall represent— 

15 ‘‘(A) geographically diverse areas (includ16 ing urban and rural); 

17 ‘‘(B) State and local emergency manage18 ment professional organizations; and 

19 ‘‘(C) individuals involved in a cross section 

20 of emergency response disciplines and profes21 sions, including as appropriate fire service and 

22 law enforcement, hazardous materials response, 

23 emergency medical services, public works per24 sonnel routinely engaged in emergency re25 sponse, health professionals, and organizations 


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1 with expertise in accrediting and establishing 

2 standards for emergency management services. 

3 ‘‘(3) CONSULTATION WITH THE DEPARTMENT

4 OF HEALTH AND HUMAN SERVICES.—In the selec5 tion of members of the Task Force who are health 

6 professionals, including emergency medical profes7 sionals, the Director shall consult with the Secretary 

8 of Health and Human Services. 

9 ‘‘(4) EX OFFICIO MEMBERS.—The Director 

10 shall designate one or more officers from the Fed11 eral Emergency Management Agency to serve as an 

12 ex officio member of the Task Force. 

13 ‘‘SEC. 708. AUTHORIZATION. 

14 ‘‘(a) IN GENERAL.—The Director is authorized to 

15 make grants to any State or local government for the pur16 pose of carrying out this title. 

17 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated to carry out this section 

19 such sums as are necessary for the Director to assist State 

20 and local governments to meet requirements under this 

21 title.’’. 

22 (b) CONFORMING AMENDMENT.—Section 601 is 

23 amended by inserting ‘‘and title VII’’ after ‘‘this title’’. 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as 

3 the ‘‘Restoring Emergency Services to Protect 

4 Our Nation From Disasters Act of 2006’’ or the 

5 ‘‘RESPOND Act of 2006’’. 

6 (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. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Hurricane Katrina struck the Gulf 

4 Coast on the morning of August 29, 2005, 

5 with a ferocity that left more than 1,300 

6 individuals dead and altered the physical 

7 and social landscape of the region for 

8 years to come. 

9 (2) Failures at all levels of govern10 ment significantly undermined and de11 tracted from the heroic efforts of emer12 gency responders, private individuals 

13 and organizations, faith-based groups, 

14 and others who struggled to assist the 

15 people of the Gulf Coast. 

16 (3) Hurricane Katrina revealed that 

17 the Nation, in general, and the Depart18 ment of Homeland Security, in particular, 

19 are unprepared for a major natural dis20 aster, accident, or terrorist attack. 

21 (4) Multiple investigations, including 

22 those by the select committee to inves23 tigate the preparation for and response 

24 to Hurricane Katrina of the House of 

25 Representatives, the Committee on 

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1 fairs of the Senate, the General Account2 ability Office, the Inspector General of 

3 the Department of Homeland Security, 

4 and the Homeland Security Council es5 tablished by the President, identified the 

6 magnitude of the storm, failures of lead7 ership, and a flawed disaster manage8 ment system at all levels of government 

9 as reasons for the inadequate govern10 ment response. 

11 (5) The creation of the Department of 

12 Homeland Security placed an additional 

13 layer of management and response au14 thority between the President and the 

15 Federal Emergency Management Agency 

16 (in this section referred to as ‘‘FEMA’’), 

17 marginalizing the authority of the Direc18 tor of FEMA. 

19 (6) During the response to Hurricane 

20 Katrina, the Department of Homeland Se21 curity executed important elements of 

22 the National Response Plan late, ineffec23 tively, or not at all. 

24 (7) The competing priorities of the 

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1 partment of Homeland Security and the 

2 disaster management mission of FEMA 

3 significantly contributed to the rapid de4 cline of FEMA’s capability to coordinate 

5 the Federal response to Hurricane 

6 Katrina. 

7 (8) The transfer of FEMA’s prepared8 ness grants and functions to other enti9 ties of the Department of Homeland Secu10 rity, FEMA’s tremendous loss of experi11 enced professional personnel, and the re12 duction of FEMA’s funding for equip13 ment, training, and exercises made 

14 FEMA’s inadequate performance in the 

15 face of a disaster the size of Hurricane 

16 Katrina all but inevitable. 

17 (9) While some Federal departments 

18 and agencies, such as the Coast Guard, 

19 performed admirably, others were inad20 equately prepared for Hurricane Katrina 

21 and executed their responsibilities under 

22 the National Response Plan poorly. 

23 (10) The preparedness level and capa24 bilities of State and local governments to 

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1 mendously. Some responded effectively 

2 while others struggled to evacuate their 

3 populations or conduct effective response 

4 operations. 

5 (11) The Federal Government has 

6 spent more than $15,000,000,000 on first 

7 responder grants since 2001, but the Na8 tion’s core emergency management capa9 bilities have improved little and even de10 clined in some important respects. Fed11 eral homeland security grant programs 

12 inadvertently divided what was once a 

13 single, all-hazards preparedness system 

14 into 2 artificially separate preparedness 

15 categories of terrorism and other disas16 ters. 

17 (12) Comprehensive reform of the Na18 tion’s emergency management system is 

19 necessary to address the dangers pre20 sented by major disasters and emer21 gencies of all kinds. 

22 (13) The Nation’s emergency manage23 ment system is based on the following 

24 general principles: 


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1 (A) Incidents are best managed by 

2 the level of government closest to the 

3 incident. 

4 (B) Federal assistance is provided 

5 in support of State governments. 

6 (C) Military assistance is pro7 vided in support of civil authorities. 

8 (14) Large disasters require presi9 dential involvement to lead the Federal 

10 response and mobilize the assets of the 

11 entire Federal Government, particularly 

12 Department of Defense assistance, and 

13 the President needs solid professional ad14 vice in preparing for and responding to a 

15 disaster to make the right decisions. 

16 (15) Preparing for and responding to 

17 disasters, regardless of the cause, must 

18 be the top priority of the organization re19 sponsible for disaster management. 

20 (16) The coordination of prepared21 ness and planning to reduce the con22 sequences of all hazards, including ter23 rorism, is and has always been part of 

24 FEMA’s primary mission. 


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1 (17) FEMA should be reestablished as 

2 an independent cabinet-level agency to 

3 coordinate the Federal response on be4 half of the President and to lead the Na5 tion’s efforts to improve the Nation’s all6 hazards emergency management system. 

7 (18) Establishing FEMA as an inde8 pendent agency will enable the Depart9 ment of Homeland Security to refocus ef10 forts on preventing terrorism and free 

11 FEMA from internal competition with the 

12 terrorism prevention entities of the De13 partment for resources and personnel. 

14 (19) The 4 elements of comprehensive 

15 emergency management (preparedness, 

16 response, recovery, and mitigation) must 

17 be closely integrated and managed within 

18 FEMA. 

19 (20) FEMA’s assets and capabilities to 

20 coordinate the Federal response to a cat21 astrophic disaster must be restored and 

22 enhanced. In particular, FEMA’s profes23 sional workforce and its incident com24 mand, communications, and logistics ca25 pabilities must be improved. 


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1 (21) The tension between the Nation’s 

2 all hazards emergency management sys3 tem and terrorism preparedness must be 

4 resolved. An all-hazards approach fully 

5 addresses terrorism, but preparing for 

6 terrorism alone does not address all as7 pects of the other hazards. 

8 (22) Governments at all levels have 

9 historically analyzed past disaster re10 sponses by participating in lessons11 learned exercises, yet too often have 

12 failed to act upon recommendations nec13 essary to produce a more effective and ef14 ficient response to future disasters. 

15 (23) Congress should ensure the es16 tablishment of an all-hazards, com17 prehensive national emergency prepared18 ness goal and system that will—

19 (A) ensure a consistent approach 

20 to domestic incident management; 

21 (B) establish target capabilities 

22 that each level of government should 

23 possess or to which it should have ac24 cess; 


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1 (C) direct resources to filling ca2 pability gaps and regularly assess the 

3 Nation’s preparedness level; and 

4 (D) ensure that lessons learned 

5 and best practices are fully incor6 porated into the further development 

7 of the emergency preparedness sys8 tem. 

9 SEC. 3. DEFINITIONS. 

10 (a) IN GENERAL.—In this Act, the following 

11 definitions apply: 

12 (1) AGENCY.—The term ‘‘Agency’’

13 means the Federal Emergency Manage14 ment Agency established under section 

15 101. 

16 (2) DIRECTOR.—The term ‘‘Director’’

17 means the Director of the Federal Emer18 gency Management Agency appointed 

19 under section 103. 

20 (3) EMERGENCY.—The term ‘‘emer21 gency’’ has the meaning given that term 

22 in section 102 of the Robert T. Stafford 

23 Disaster Relief and Emergency Assist24 ance Act (42 U.S.C. 5122). 


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1 (4) EMERGENCY PREPAREDNESS.—The 

2 term ‘‘emergency preparedness’’ has the 

3 meaning given that term in section 602(a) 

4 of the Robert T. Stafford Disaster Relief 

5 and Emergency Assistance Act (42 U.S.C. 

6 5195a(a)). 

7 (5) HAZARD.—The term ‘‘hazard’’ has 

8 the meaning given that term in section 

9 602(a) of the Robert T. Stafford Disaster 

10 Relief and Emergency Assistance Act (42 

11 U.S.C. 5195a(a)). 

12 (6) LOCAL GOVERNMENT.—The term 

13 ‘‘local government’’ has the meaning 

14 given that term in section 102 of the Rob15 ert T. Stafford Disaster Relief and Emer16 gency Assistance Act (42 U.S.C. 5122). 

17 (7) MAJOR DISASTER.—The term ‘‘major 

18 disaster’’ has the meaning given that 

19 term in section 102 of the Robert T. Staf20 ford Disaster Relief and Emergency As21 sistance Act (42 U.S.C. 5122). 

22 (8) MISSION ASSIGNMENT.—The term 

23 ‘‘mission assignment’’ means a work 

24 order issued to a Federal agency by the 

25 Federal Emergency Management Agency, 


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1 directing completion by that agency of a 

2 specified task and setting forth funding, 

3 other managerial controls, and guidance. 

4 (9) STATE.—The term ‘‘State’’ has the 

5 meaning given that term in section 102 of 

6 the Robert T. Stafford Disaster Relief and 

7 Emergency Assistance Act (42 U.S.C. 

8 5122). 

9 TITLE I—ESTABLISHMENT OF AN 

10 INDEPENDENT FEDERAL 

11 EMERGENCY MANAGEMENT 

12 AGENCY 

13 Subtitle A—Federal Emergency 

14 Management Agency 

15 SEC. 101. ESTABLISHMENT OF AGENCY. 

16 (a) INDEPENDENT ESTABLISHMENT.—The 

17 Federal Emergency Management Agency is 

18 established as a cabinet-level independent es19 tablishment in the executive branch. 

20 (b) MISSION.—The primary mission of the 

21 Agency is to reduce the loss of life and prop22 erty from all hazards, including major disas23 ters, acts of terrorism, and other emergencies, 

24 by leading and supporting the Nation in a 

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1 agement system of preparedness, response, 

2 recovery, and mitigation. 

3 SEC. 102. RESPONSIBILITIES. 

4 (a) IN GENERAL.—The responsibilities of 

5 the Agency include the following: 

6 (1) All functions and authorities pre7 scribed by the Robert T. Stafford Disaster 

8 Relief and Emergency Assistance Act (42 

9 U.S.C. 5121 et seq.). 

10 (2) Carrying out its mission to reduce 

11 the loss of life and property from all haz12 ards, including major disasters, acts of 

13 terrorism, and other emergencies, by 

14 leading and supporting the Nation in a 

15 risk-based, comprehensive emergency 

16 management system of—

17 (A) preparedness, by leading and 

18 coordinating the effort to build Fed19 eral, State, and local emergency man20 agement capabilities and readiness to 

21 effectively respond to, recover from, 

22 and mitigate against all hazards; 

23 (B) response, by leading and co24 ordinating emergency operations to 


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1 save lives, protect property, and meet 

2 basic human needs; 

3 (C) recovery, by rebuilding com4 munities so individuals, businesses, 

5 and governments can function on 

6 their own, return to normal life, and 

7 protect against future hazards; 

8 (D) mitigation, by taking sus9 tained actions to reduce or eliminate 

10 long-term risk to people and property 

11 from hazards and their effects; and 

12 (E) increased efficiencies, by co13 ordinating efforts relating to pre14 paredness, response, recovery, and 

15 mitigation. 

16 (3) Preparing and implementing the 

17 Federal Government’s plans and pro18 grams for—

19 (A) continuity of operations; 

20 (B) continuity of Government; 

21 and 

22 (C) continuity of plans. 

23 (b) NATIONAL RESPONSE PLAN.—

24 (1) ROLE OF FEMA.—Notwithstanding 

25 any other provision of law, the Agency 


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1 shall be the lead agency for the National 

2 Response Plan. 

3 (2) REVISION OF RESPONSE PLAN.—Not 

4 later than 30 days after the date of enact5 ment of this Act, the Director shall revise 

6 the National Response Plan to reflect the 

7 establishment of and incorporate the 

8 Agency as an independent establishment 

9 under this Act. 

10 SEC. 103. DIRECTOR; DEPUTY DIRECTOR. 

11 (a) DIRECTOR.—

12 (1) IN GENERAL.—The Agency shall be 

13 headed by a Director, who shall be ap14 pointed by the President, by and with the 

15 advice and consent of the Senate, and 

16 who shall report directly to the Presi17 dent. The Director shall be compensated 

18 at the rate provided for at level I of the 

19 Executive Schedule under section 5312 of 

20 title 5, United States Code. 

21 (2) QUALIFICATIONS.—The Director 

22 shall be appointed from among individ23 uals who have extensive experience in 

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1 cluding major disasters, acts of terrorism, 

2 and other emergencies. 

3 (3) TERM OF OFFICE.—The term of of4 fice of an individual appointed as the Di5 rector shall be 5 years. Such individual 

6 may be appointed in accordance with 

7 paragraph (1) for an additional term of 5 

8 years. 

9 (4) CONFORMING AMENDMENT.—Section 

10 5312 of title 5, United States Code, is 

11 amended by adding at the end the fol12 lowing: 

13 ‘‘Director of the Federal Emergency Man14 agement Agency.’’. 

15 (b) DEPUTY DIRECTOR.—

16 (1) IN GENERAL.—The Agency shall 

17 have one Deputy Director appointed in 

18 the competitive service by the Director. 

19 (2) QUALIFICATIONS.—The Deputy Di20 rector shall be appointed from among in21 dividuals who have extensive experience 

22 in emergency preparedness, response, re23 covery, and mitigation for all hazards, in24 cluding major disasters, acts of terrorism, 

25 and other emergencies. 


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1 (3) DUTIES.—The Deputy Director 

2 shall—

3 (A) carry out duties and powers 

4 prescribed by the Director; and 

5 (B) act for the Director when the 

6 Director is absent or unable to serve 

7 or when the position of the Director 

8 is vacant. 

9 SEC. 104. OFFICE OF THE INSPECTOR GENERAL. 

10 The Agency shall have an office of the In11 spector General, headed by an Inspector Gen12 eral, in accordance with the Inspector Gen13 eral Act of 1978 (Public Law 95–452; 5 U.S.C. 

14 App.). 

15 SEC. 105. TRANSFER OF FUNCTIONS. 

16 (a) IN GENERAL.—There shall be trans17 ferred to the Director—

18 (1) the functions of the Department of 

19 Homeland Security relating to the Fed20 eral Emergency Management Agency, in21 cluding the functions of the Department 

22 under sections 430(c)(3), 430(c)(8), 502 

23 (other than paragraph (2)), and 503(1) of 

24 the Homeland Security Act of 2002 (6 

25 U.S.C. 238(c)(3), 238(c)(8), 312, 313(1)); 


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1 (2) other functions of the Directorate 

2 for Preparedness of the Department 

3 (other than those functions relating to 

4 law enforcement efforts to prevent and 

5 deter acts of terrorism, protect critical 

6 infrastructure, and conduct intelligence 

7 activities); and 

8 (3) the functions relating to the Agen9 cy under any other law, including—

10 (A) the National Flood Insurance 

11 Act of 1968 (42 U.S.C. 4001 et seq.); 

12 (B) the Robert T. Stafford Dis13 aster Relief and Emergency Assist14 ance Act (42 U.S.C. 5121 et seq.); 

15 (C) the Earthquake Hazards Re16 duction Act of 1977 (42 U.S.C. 7701 et 

17 seq.); 

18 (D) the National Dam Safety Pro19 gram Act (33 U.S.C. 467 et seq.); 

20 (E) the Federal Fire Prevention 

21 and Control Act of 1974 (15 U.S.C. 

22 2201 et seq.); and 

23 (F) Reorganization Plan No. 3 of 

24 1978 (5 U.S.C. App.). 


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1 (b) TRANSITION PERIOD.—The transfers 

2 under this section shall be carried not later 

3 than February 1, 2007. During the transition 

4 period, the Secretary of Homeland Security 

5 shall provide to the Director such assistance, 

6 including the use of personnel and assets, as 

7 the Director may request in preparing for the 

8 transfer. 

9 (c) TRANSITION.—The Director may use—

10 (1) the services of such officers, em11 ployees, and other personnel of the Agen12 cy with respect to functions transferred 

13 by this section; and 

14 (2) funds appropriated to such func15 tions for such period of time as may rea16 sonably be needed to facilitate the or17 derly implementation of this section. 

18 (d) LIAISON OFFICE TO ENSURE COORDINA19 TION WITH THE DEPARTMENT OF HOMELAND SE20 CURITY.—The Director shall establish a liaison 

21 office within the Agency to ensure adequate 

22 coordination with the Department of Home23 land Security during an actual or potential 

24 terrorist incident. 


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1 SEC. 106. PERSONNEL AND OTHER TRANSFERS. 

2 (a) PERSONNEL PROVISIONS.—

3 (1) APPOINTMENTS.—The Director may 

4 appoint and fix the compensation of such 

5 officers and employees, including inves6 tigators, attorneys, and administrative 

7 law judges, as may be necessary to carry 

8 out the respective functions transferred 

9 under section 105. Except as otherwise 

10 provided by law, such officers and em11 ployees shall be appointed in accordance 

12 with the civil service laws and their com13 pensation fixed in accordance with title 

14 5, United States Code. 

15 (2) EXPERTS AND CONSULTANTS.—The 

16 Director may obtain the services of ex17 perts and consultants in accordance with 

18 section 3109 of title 5, United States Code, 

19 and compensate such experts and con20 sultants for each day (including travel21 time) during which they are engaged in 

22 the actual performance of such services 

23 at rates not in excess of the rate of pay 

24 for level IV of the Executive Schedule 

25 under section 5315 of such title. The Di26 rector may pay experts and consultants 


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1 who are serving away from their homes 

2 or regular place of business, travel ex3 penses and per diem in lieu of subsist4 ence at rates authorized by sections 5702 

5 and 5703 of such title for persons in Gov6 ernment service employed intermittently. 

7 (b) DELEGATION AND ASSIGNMENT.—Except 

8 where otherwise expressly prohibited by law 

9 or otherwise provided by this title, the Direc10 tor may delegate any of the functions trans11 ferred to the Director by section 105 and any 

12 function transferred or granted to the Direc13 tor after the date of the transfers by section 

14 105 to such officers and employees of the 

15 Agency as the Director may designate and 

16 may authorize successive redelegations of 

17 such functions as may be necessary or appro18 priate. No delegation of functions by the Di19 rector under this subsection or under any 

20 other provision of this title shall relieve the 

21 Director of responsibility for the administra22 tion of such functions. 

23 (c) REORGANIZATION.—The Director may 

24 allocate or reallocate any function trans25 ferred under section 105 among the officers of 


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1 the Agency, and may establish, consolidate, 

2 alter, or discontinue such organizational enti3 ties in the Agency as may be necessary or ap4 propriate if the Director, on or before the 30th 

5 day preceding the date of the allocation or re6 allocation, provides to the Committee on 

7 Transportation and Infrastructure of the 

8 House of Representatives and the Committee 

9 on Homeland Security and Governmental Af10 fairs of the Senate written notice of the allo11 cation or reallocation. 

12 (d) RULES.—The Director may prescribe, 

13 in accordance with the provisions of chapters 

14 5 and 6 of title 5, United States Code, such 

15 rules and regulations as the Director deter16 mines necessary or appropriate to administer 

17 and manage the functions of the Agency. 

18 (e) TRANSFER AND ALLOCATIONS OF APPRO19 PRIATIONS AND PERSONNEL.—Except as other20 wise provided in this title, the personnel em21 ployed in connection with, and the assets, li22 abilities, contracts, property, records, and un23 expended balances of appropriations, author24 izations, allocations, and other funds em25 ployed, used, held, arising from, available to, 


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1 or to be made available in connection with 

2 the functions transferred by section 105, sub3 ject to section 1531 of title 31, United States 

4 Code, shall be transferred to the Agency. Un5 expended funds transferred pursuant to this 

6 subsection shall be used only for the purposes 

7 for which the funds were originally author8 ized and appropriated. 

9 (f) INCIDENTAL TRANSFERS.—The Director 

10 of the Office of Management and Budget, in 

11 consultation with the Director, may make 

12 such determinations as may be necessary 

13 with regard to the functions transferred by 

14 section 105, and may make such additional in15 cidental dispositions of personnel, assets, li16 abilities, grants, contracts, property, records, 

17 and unexpended balances of appropriations, 

18 authorizations, allocations, and other funds 

19 held, used, arising from, available to, or to be 

20 made available in connection with such func21 tions, as may be necessary to carry out the 

22 provisions of this title. The Director of the Of23 fice of Management and Budget shall provide 

24 for the termination of the affairs of all entities 

25 terminated by this title and for such further 


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1 measures and dispositions as may be nec2 essary to effectuate the purposes of this title. 

3 (g) EFFECT ON PERSONNEL.—

4 (1) IN GENERAL.—Except as otherwise 

5 provided by this title, the transfer pursu6 ant to this title of full-time personnel (ex7 cept special Government employees) and 

8 part-time personnel holding permanent 

9 positions shall not cause any such em10 ployee to be separated or reduced in 

11 grade or compensation for one year after 

12 the date of transfer of such employee 

13 under this title. 

14 (2) EXECUTIVE SCHEDULE POSITIONS.—

15 Except as otherwise provided in this title, 

16 any person who, on the day preceding 

17 the date of the transfers of functions 

18 under section 105, held a position com19 pensated in accordance with the Execu20 tive Schedule prescribed in chapter 53 of 

21 title 5, United States Code, and who, 

22 without a break in service, is appointed 

23 in the Agency to a position having duties 

24 comparable to the duties performed im25 mediately preceding such appointment 


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1 shall continue to be compensated in such 

2 new position at not less than the rate 

3 provided for such previous position, for 

4 the duration of the service of such person 

5 in such new position. 

6 SEC. 107. SAVINGS PROVISIONS. 

7 (a) SAVINGS PROVISIONS.—

8 (1) CONTINUING EFFECT OF LEGAL DOCU9 MENTS.—All orders, determinations, rules, 

10 regulations, permits, agreements, grants, 

11 contracts, certificates, licenses, registra12 tions, privileges, and other administra13 tive actions—

14 (A) which have been issued, made, 

15 granted, or allowed to become effec16 tive by the President, any Federal 

17 agency or official thereof, or by a 

18 court of competent jurisdiction, in 

19 the performance of functions that are 

20 transferred under section 105; and 

21 (B) which are in effect on the date 

22 of the transfers of functions under 

23 section 105, or were final before such 

24 date and are to become effective on 

25 or after such date, shall continue in 


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1 effect according to their terms until 

2 modified, terminated, superseded, set 

3 aside, or revoked in accordance with 

4 law by the President, the Director, or 

5 other authorized official, a court of 

6 competent jurisdiction, or by oper7 ation of law. 

8 (2) PROCEEDINGS NOT AFFECTED.—The 

9 provisions of this title shall not affect any 

10 proceedings, including notices of pro11 posed rulemaking, or any application for 

12 any license, permit, certificate, or finan13 cial assistance pending before the Agency 

14 on the date of the transfers of functions 

15 under section 105, with respect to func16 tions transferred by section 105 but such 

17 proceedings and applications shall con18 tinue. Orders shall be issued in such pro19 ceedings, appeals shall be taken there20 from, and payments shall be made pursu21 ant to such orders, as if this title had not 

22 been enacted, and orders issued in any 

23 such proceedings shall continue in effect 

24 until modified, terminated, superseded, 

25 or revoked by a duly authorized official, 


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1 by a court of competent jurisdiction, or 

2 by operation of law. Nothing in this para3 graph shall be deemed to prohibit the 

4 discontinuance or modification of any 

5 such proceeding under the same terms 

6 and conditions and to the same extent 

7 that such proceeding could have been 

8 discontinued or modified if this title had 

9 not been enacted. 

10 (3) SUITS NOT AFFECTED.—The provi11 sions of this title shall not affect suits 

12 commenced before the date of the trans13 fers of functions under section 105, and 

14 in all such suits, proceedings shall be 

15 had, appeals taken, and judgments ren16 dered in the same manner and with the 

17 same effect as if this title had not been 

18 enacted. 

19 (4) NONABATEMENT OF ACTIONS.—No 

20 suit, action, or other proceeding com21 menced by or against the Agency, or by 

22 or against any individual in the official 

23 capacity of such individual as an officer 

24 of the Agency, shall abate by reason of 

25 the enactment of this title. 


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1 (5) ADMINISTRATIVE ACTIONS RELATING

2 TO PROMULGATION OF REGULATIONS.—Any 

3 administrative action relating to the 

4 preparation or promulgation of a regula5 tion by the Agency relating to a function 

6 transferred under section 105 may be 

7 continued by the Agency with the same 

8 effect as if this title had not been en9 acted. 

10 (b) REFERENCES.—Any reference in any 

11 other Federal law, Executive order, rule, reg12 ulation, or delegation of authority, or any doc13 ument of or pertaining to a department, agen14 cy, or office from which a function is trans15 ferred by section 105—

16 (1) to the head of such department, 

17 agency, or office is deemed to refer to the 

18 head of the department, agency, or office 

19 to which such function is transferred; or 

20 (2) to such department, agency, or of21 fice is deemed to refer to the department, 

22 agency, or office to which such function 

23 is transferred. 


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1 SEC. 108. CONFORMING AND TECHNICAL AMENDMENTS. 

2 (a) CHIEF FINANCIAL OFFICER.—Section 

3 901(b)(2) of title 31, United States Code, is 

4 amended by adding at the end the following: 

5 ‘‘(H) The Federal Emergency Manage6 ment Agency.’’. 

7 (b) RECOMMENDED LEGISLATION.—

8 (1) IN GENERAL.—After consultation 

9 with the appropriate committees of Con10 gress and the Director of the Office of 

11 Management and Budget, the Director 

12 shall prepare recommended legislation 

13 containing technical and conforming 

14 amendments to reflect the changes made 

15 by this title. 

16 (2) SUBMISSION TO CONGRESS.—Not 

17 later than 90 days after the last day of 

18 the transition period referred to in sec19 tion 105(b), the Director shall submit to 

20 Congress a report containing the rec21 ommended legislation. 

22 (c) REPEALS.—

23 (1) IN GENERAL.—The following provisions 

24 of the Homeland Security Act of 2002 (6 U.S.C. 

25 101 et seq.) are repealed: 

26 (A) Section 503(1). 


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1 (B) Section 507. 

2 (2)TABLE OF CONTENTS.—The table of con3 tents contained in section 1(b) of such Act is 

4 amended by striking the item relating to sec5 tion 507. 

6 Subtitle B—Federal Emergency 

7 Management Agency Personnel 

8 SEC. 121. WORKFORCE DEVELOPMENT. 

9 (a) IN GENERAL.—Subpart I of part III of 

10 title 5, United States Code, is amended by 

11 adding at the end the following: 

12 ‘‘CHAPTER 101—FEDERAL EMERGENCY 

13 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. 

14 ‘‘§ 10101. Definitions 

15 ‘‘For purposes of this chapter—

16 ‘‘(1) the term ‘Federal Emergency 

17 Management Agency’ or ‘Agency’ shall be 

18 considered to refer to the Federal Emer19 gency Management Agency established 

20 under section 101 of the RESPOND Act of 

21 2006; and 


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1 ‘‘(2) the term ‘Director of the Federal 

2 Emergency Management Agency’ or ‘Di3 rector’ shall be considered to refer to the 

4 Director of the Federal Emergency Man5 agement Agency appointed under section 

6 103 of the RESPOND Act of 2006. 

7 ‘‘§ 10102. Human capital strategy 

8 ‘‘(a) IN GENERAL.—The Director of the Fed9 eral Emergency Management Agency shall de10 velop a human capital strategy to ensure that 

11 the Agency has a workforce of the appro12 priate size and with the appropriate skills 

13 and training to effectively carry out the mis14 sion and responsibilities of the Agency, con15 sistent with the policies and plans developed 

16 pursuant to this section. 

17 ‘‘(b) CONTENT.—The strategy shall include, 

18 at a minimum—

19 ‘‘(1) a workforce development strat20 egy for the Agency; 

21 ‘‘(2) an assessment of the workforce 

22 characteristics and future needs of the 

23 Agency; 

24 ‘‘(3) an analysis of how the Agency’s 

25 human resources policies and programs 


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1 align with the Agency’s mission, strategic 

2 goals, and performance outcomes; and 

3 ‘‘(4) any other elements that the Di4 rector determines necessary to develop 

5 and maintain a human capital strategy, 

6 including elements described in section 

7 1402. 

8 ‘‘(c) SCHEDULE.—The Director shall trans9 mit to Congress—

10 ‘‘(1) the strategy developed under this 

11 section not later than 6 months after the 

12 date of enactment of this chapter; and 

13 ‘‘(2) periodic updates to the strategy 

14 referred to in paragraph (1). 

15 ‘‘§ 10103. Recruitment bonuses for the Federal Emer16 gency Management Agency 

17 ‘‘(a) IN GENERAL.—The Director of the Fed18 eral Emergency Management Agency may pay 

19 a bonus to an individual in order to recruit 

20 the individual for a position within the Agen21 cy that would otherwise be difficult to fill in 

22 the absence of such a bonus. 

23 ‘‘(b) BONUS AMOUNT.—

24 ‘‘(1) IN GENERAL.—The amount of a 

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1 mined by the Director, but may not ex2 ceed 25 percent of the annual rate of 

3 basic pay of the position involved. 

4 ‘‘(2) FORM OF PAYMENT.—A bonus 

5 under this section shall be paid in the 

6 form of a lump-sum payment and shall 

7 not be considered to be part of basic pay. 

8 ‘‘(c) SERVICE AGREEMENTS.—Payment of a 

9 bonus under this section shall be contingent 

10 upon the employee entering into a written 

11 service agreement with the Federal Emer12 gency Management Agency. The agreement 

13 shall include—

14 ‘‘(1) the period of service the indi15 vidual shall be required to complete in 

16 return for the bonus; and 

17 ‘‘(2) the conditions under which the 

18 agreement may be terminated before the 

19 agreed-upon service period has been 

20 completed, and the effect of the termi21 nation. 

22 ‘‘(d) ELIGIBILITY.—A bonus under this sec23 tion may not be paid to recruit an individual 

24 for—


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1 ‘‘(1) a position to which an individual 

2 is appointed by the President, by and 

3 with the advice and consent of the Sen4 ate; 

5 ‘‘(2) a position in the Senior Executive 

6 Service as a noncareer appointee (as de7 fined in section 3132(a)); or 

8 ‘‘(3) a position which has been ex9 cepted from the competitive service by 

10 reason of its confidential, policy-deter11 mining, policy-making, or policy-advo12 cating character. 

13 ‘‘(e) TERMINATION.—The authority to pay 

14 bonuses under this section shall terminate 5 

15 years after the date of enactment of this chap16 ter. 

17 ‘‘§ 10104. Retention bonuses for the Federal Emer18 gency Management Agency 

19 ‘‘(a) AUTHORITY.—The Director of the Fed20 eral Emergency Management Agency may 

21 pay, on a case-by-case basis, a bonus under 

22 this section to an employee of the Agency if—

23 ‘‘(1) the unusually high or unique 

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1 ee’s services makes it essential to retain 

2 the employee; and 

3 ‘‘(2) the Director determines that, in 

4 the absence of such a bonus, the em5 ployee would be likely to leave—

6 ‘‘(A) the Federal service; or 

7 ‘‘(B) for a different position in the 

8 Federal service. 

9 ‘‘(b) SERVICE AGREEMENT.—Payment of a 

10 bonus under this section is contingent upon 

11 the employee entering into a written service 

12 agreement with the Agency to complete a pe13 riod of service with the Agency. Such agree14 ment shall include—

15 ‘‘(1) the period of service the indi16 vidual shall be required to complete in 

17 return for the bonus; and 

18 ‘‘(2) the conditions under which the 

19 agreement may be terminated before the 

20 agreed-upon service period has been 

21 completed, and the effect of the termi22 nation. 

23 ‘‘(c) BONUS AMOUNT.—

24 ‘‘(1) IN GENERAL.—The amount of a 

25 bonus under this section shall be deterVerDate Aug 31 2005 04:54 Dec 15, 2006 Jkt 059200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6202 E:\BILLS\H5316.RH H5316

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1 mined by the Director, but may not ex2 ceed 25 percent of the annual rate of 

3 basic pay of the position involved. 

4 ‘‘(2) FORM OF PAYMENT.—A bonus 

5 under this section shall be paid in the 

6 form of a lump-sum payment and shall 

7 not be considered to be part of basic pay. 

8 ‘‘(d) LIMITATION.—A bonus under this sec9 tion may not be based on any period of service 

10 which is the basis for a recruitment bonus 

11 under section 10103. 

12 ‘‘(e) TERMINATION OF AUTHORITY.—The au13 thority to grant bonuses under this section 

14 shall expire 5 years after the date of enact15 ment of this chapter. 

16 ‘‘§ 10105. Disaster workforce reserve cadre 

17 ‘‘(a) ESTABLISHMENT.—There is established 

18 within the Federal Emergency Management 

19 Agency a disaster workforce reserve cadre to 

20 meet the Agency’s surge requirements during 

21 periods of emergency, as determined by the 

22 Director of the Federal Emergency Manage23 ment Agency. 

24 ‘‘(b) REVIEW.—Not later than 90 days after 

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1 rector shall conduct a comprehensive review 

2 of the current disaster workforce reserves for 

3 the purpose of identifying areas for redevel4 opment. As part of the review, the Director 

5 shall review and redevelop the disaster work6 force to create a capable cadre by—

7 ‘‘(1) providing for the effective utiliza8 tion of the disaster workforce; 

9 ‘‘(2) establishing consistent and short10 er disaster workforce mobilization times; 

11 ‘‘(3) establishing standards to meet 

12 mission requirements; 

13 ‘‘(4) establishing a robust 

14 credentialing system for the disaster 

15 workforce to integrate capabilities and 

16 skill sets into job descriptions for a more 

17 effective and faster response capability; 

18 ‘‘(5) establishing employment protec19 tions for disaster workforce reservists; 

20 and 

21 ‘‘(6) establishing a streamlined de22 ployment system. 

23 ‘‘(c) ANNUITANTS.—If an individual receiv24 ing an annuity from the Civil Service Retire25 ment and Disability Fund becomes tempoVerDate Aug 31 2005 04:54 Dec 15, 2006 Jkt 059200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6202 E:\BILLS\H5316.RH H5316

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1 rarily reemployed pursuant to this section, 

2 such annuity shall not be discontinued there3 by. An individual so reemployed shall not be 

4 considered an employee for the purposes of 

5 chapter 83 or 84. 

6 ‘‘(d) EXPENSES.—The Director may provide 

7 members of the disaster workforce reserve 

8 cadre transportation and per diem in lieu of 

9 subsistence, in accordance with applicable 

10 provisions of this title, for the purpose of par11 ticipating in any training that relates to serv12 ice as a member of the disaster workforce re13 serve cadre.’’. 

14 (b) CONFORMING AMENDMENT.—The table of 

15 chapters for subpart I of part III of title 5, 

16 United States Code, is amended by adding at 

17 the end the following: 

‘‘101. Federal Emergency Management Agency Personnel ..................................................................................... 10101’’. 

18 TITLE II—STRENGTHENING THE 

19 FEDERAL EMERGENCY MAN20 AGEMENT AGENCY 

21 SEC. 201. CATASTROPHIC PLANNING PROGRAM. 

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1 ance Act (42 U.S.C. 5196 et seq.) is amended 

2 by adding at the end the following: 

3 ‘‘SEC. 616. CATASTROPHIC PLANNING PROGRAM. 

4 ‘‘(a) ESTABLISHMENT.—The Director shall 

5 establish a program to assist States and local 

6 governments representing areas at substan7 tial risk for a catastrophic incident, and other 

8 Federal agencies as appropriate, in devel9 oping a comprehensive program to prepare 

10 for a catastrophic incident. 

11 ‘‘(b) ACTIVITIES.—The program may in12 clude planning, training, exercises, and such 

13 other activities as the Director considers nec14 essary. 

15 ‘‘(c) SITE SELECTION.—In conducting the 

16 program, the Director, in coordination with a 

17 State or local government, shall select sites 

18 within the jurisdiction of such State or local 

19 government that are at substantial risk for a 

20 catastrophic incident and require additional 

21 preparedness activities to ensure an effective 

22 response and recovery. 

23 ‘‘(d) CATASTROPHIC INCIDENT.—In this sec24 tion, the term ‘catastrophic incident’ means 

25 any natural or manmade incident, including 


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1 terrorism, that results in extraordinary levels 

2 of mass casualties, damage, or disruption se3 verely affecting the population, infrastruc4 ture, environment, economy, national morale, 

5 or government functions. 

6 ‘‘(e) REPORT.—The Director shall submit to 

7 the Committee on Transportation and Infra8 structure of the House of Representatives and 

9 the Committee on Homeland Security and 

10 Governmental Affairs of the Senate a report 

11 on the preparedness levels of participating ju12 risdictions. 

13 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—

14 There is authorized to be appropriated to 

15 carry out this section $30,000,000 for fiscal 

16 year 2007, $32,000,000 for fiscal year 2008, and 

17 $34,000,000 for fiscal year 2009. Such sums 

18 shall remain available until expended.’’. 

19 SEC. 202. EMERGENCY RESPONSE TEAMS. 

20 Section 303 of the Robert T. Stafford Dis21 aster Relief and Emergency Assistance Act (42 

22 U.S.C. 5144) is amended—

23 (1) by striking the section heading 

24 and all that follows through ‘‘The Presi25 dent shall’’ and inserting the following: 


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1 ‘‘SEC. 303. EMERGENCY SUPPORT AND RESPONSE TEAMS. 

2 ‘‘(a) EMERGENCY SUPPORT TEAMS.—The 

3 President shall’’; and 

4 (2) by adding at the end the fol5 lowing: 

6 ‘‘(b) EMERGENCY RESPONSE TEAMS.—

7 ‘‘(1) ESTABLISHMENT.—In carrying out 

8 subsection (a), the President, acting 

9 through the Director of the Federal 

10 Emergency Management Agency, shall es11 tablish at a minimum 3 national response 

12 teams and sufficient regional and other 

13 response teams as may be necessary to 

14 meet the incident management respon15 sibilities of the Federal Government. 

16 ‘‘(2) TARGET CAPABILITY LEVEL.—The 

17 Director shall ensure that specific target 

18 capability levels, as defined pursuant to 

19 the guidelines established under section 

20 703(b)(2)(A), are established for Federal 

21 emergency response teams. 

22 ‘‘(3) PERSONNEL.—The President, act23 ing through the Director, shall ensure 

24 that the Federal emergency response 

25 teams consist of adequate numbers of 

26 properly planned, organized, equipped, 


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1 trained, and exercised personnel to 

2 achieve the established target capability 

3 levels. Each emergency response team 

4 shall work in coordination with State and 

5 local officials and onsite emergency per6 sonnel associated with a particular inci7 dent. 

8 ‘‘(4) READINESS REPORTING.—The Di9 rector shall evaluate team readiness on a 

10 regular basis and report team readiness 

11 levels in the report required under sec12 tion 703(b)(8)(A).’’. 

13 SEC. 203. EMERGENCY OPERATIONS CENTERS. 

14 (a) NATIONAL.—The Director shall main15 tain and operate within the Federal Emer16 gency Management Agency a national emer17 gency operations center to support Federal 

18 emergency operations. 

19 (b) REGIONAL.—The Director shall ensure 

20 that each region of the Agency maintains and 

21 operates an emergency operations center to 

22 support Federal emergency operations. 

23 (c) TARGET CAPABILITY LEVELS.—The Di24 rector shall ensure that specific target capa25 bility levels, as defined pursuant to the guideVerDate Aug 31 2005 04:54 Dec 15, 2006 Jkt 059200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6202 E:\BILLS\H5316.RH H5316

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1 lines established under section 703(b)(2)(A) of 

2 the Robert T. Stafford Disaster Relief and 

3 Emergency Assistance Act (as added by this 

4 Act), are established for national and regional 

5 emergency operations centers. 

6 (d) PERSONNEL.—The Director shall ensure 

7 that the national and regional emergency op8 erations centers consist of adequate numbers 

9 of properly planned, organized, equipped, 

10 trained, and exercised personnel to achieve 

11 the established target capability levels. 

12 (e) READINESS REPORTING.—The Director 

13 shall evaluate the readiness of the emergency 

14 operations centers on a regular basis and re15 port readiness levels in the report required 

16 under section 703(b)(8)(A) of such Act. 

17 SEC. 204. LOGISTICS. 

18 (a) IN GENERAL.—The Director shall de19 velop an efficient, transparent, and flexible lo20 gistics system for procurement and delivery 

21 of goods and services necessary for an effec22 tive and timely response to major disasters 

23 and other emergencies and for real-time visi24 bility of items at each point throughout the lo25 gistics system. 


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1 (b) SYSTEM DEVELOPMENT.—The Director 

2 shall ensure that the logistics system is devel3 oped through the use of in-house, private sec4 tor, and other Federal agency logistics capa5 bilities (or a combination thereof). 

6 (c) STATE AND LOCAL CONTRACTS.—The Di7 rector shall encourage State and local govern8 ments to establish contracts with vendors for 

9 disaster relief supplies in advance of major 

10 disasters and other emergencies. 

11 SEC. 205. PREPOSITIONED EQUIPMENT PROGRAM. 

12 (a) NOTICE.—The Director shall notify 

13 State and local officials in an area in which 

14 a location for the prepositioned equipment 

15 program will be closed at least 60 days before 

16 the date of such closure. 

17 (b) SENSE OF CONGRESS.—It is the sense of 

18 Congress that the pre-positioned equipment 

19 program is an important all-hazard disaster 

20 relief tool, which is strongly supported by the 

21 Nation’s first responder communities, should 

22 be continued in at least 11 locations, and 

23 should be funded at the level required to ef24 fectively carry out the program. 


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1 SEC. 206. COMMUNICATIONS. 

2 (a) COMMUNICATIONS CAPABILITY.—The Di3 rector shall establish and maintain a durable, 

4 deployable, operable, and interoperable com5 munications capability within the Agency in 

6 order to gain and retain incident manage7 ment communications in areas that have lost 

8 regular communications systems during 

9 major disasters and other emergencies. 

10 (b) RECONNAISSANCE TEAMS.—The Director 

11 shall establish self-sustaining reconnaissance 

12 teams to relay information back to Agency 

13 headquarters to improve situational aware14 ness and incident management coordination. 

15 SEC. 207. EMERGENCY EQUIPMENT ASSISTANCE. 

16 Subtitle B of title VI of the Robert T. Staf17 ford Disaster Relief and Emergency Assist18 ance Act (42 U.S.C. 5197 et seq.) is amended 

19 by adding at the end the following: 

20 ‘‘SEC. 630. EMERGENCY EQUIPMENT ASSISTANCE. 

21 ‘‘(a) GRANTS.—The Director shall carry out 

22 a program to make grants to States and local 

23 governments to improve the response capa24 bilities of the States and local governments in 

25 the event of a major disaster or other emer26 gency. 


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1 ‘‘(b) USE OF FUNDS.—Grants amounts re2 ceived by a State or local government under 

3 this section shall be used—

4 ‘‘(1) to purchase or improve commer5 cially available interoperable commu6 nications equipment that—

7 ‘‘(A) complies with, where applica8 ble, national voluntary consensus 

9 standards; 

10 ‘‘(B) facilitates operability, inter11 operability, coordination, and inte12 gration between and among emer13 gency communications systems (in14 cluding satellite phone and satellite 

15 communications equipment); and 

16 ‘‘(C) ensures that first responders, 

17 government officials, and emergency 

18 personnel are able to adequately and 

19 effectively communicate with each 

20 other in the event of a major disaster 

21 or other emergency; 

22 ‘‘(2) to purchase mobile equipment to 

23 generate emergency power; and 


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1 ‘‘(3) to train first responders and 

2 emergency personnel on how best to use 

3 effectively such equipment. 

4 ‘‘(c) APPLICATIONS.—A State or local gov5 ernment seeking a grant under this section 

6 shall submit to the Director an application at 

7 such time, in such manner, and accompanied 

8 by such information as the Director may re9 quire. 

10 ‘‘(d) TECHNICAL ASSISTANCE.—The Director 

11 shall provide to States and local governments 

12 technical assistance with respect to the pro13 curement, installation, and use of equipment 

14 under subsection (b)(1). 

15 ‘‘(e) COORDINATION.—In implementing the 

16 program, the Director shall ensure the coordi17 nation with other emergency equipment as18 sistance grant programs. 

19 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—

20 There is authorized to be appropriated to 

21 carry out this section $200,000,000 for each of 

22 fiscal years 2007, 2008, and 2009. Such sums 

23 shall remain available until expended.’’. 


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1 SEC. 208. OVERSIGHT AND ACCOUNTABILITY OF FEDERAL 

2 DISASTER EXPENDITURES. 

3 (a) PURPOSE.—The purposes of this section 

4 is to ensure that Federal agencies exercise 

5 sufficient stewardship over the funds pro6 vided to the agencies through Agency mission 

7 assignments for disaster response, relief, and 

8 recovery activities by requiring and funding 

9 management oversight activities to prevent 

10 fraud, waste, and abuse and to detect and pur11 sue prosecution of fraud so that taxpayers’ in12 terests are fully protected. 

13 (b) AUTHORITY OF DIRECTOR TO DESIGNATE

14 FUNDS FOR OVERSIGHT ACTIVITIES.—The Direc15 tor may designate up to one percent of the 

16 total amount provided to a Federal agency for 

17 a mission assignment as oversight funds to be 

18 used by the recipient agency for performing 

19 oversight of activities carried out under the 

20 Agency reimbursable mission assignment 

21 process. Such funds shall remain available 

22 until expended. 

23 (c) USE OF FUNDS.—

24 (1) TYPES OF OVERSIGHT ACTIVITIES.—

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1 lowing types of oversight activities re2 lated to Agency mission assignments: 

3 (A) Monitoring, tracking, and au4 diting expenditures of funds. 

5 (B) Ensuring that sufficient man6 agement and internal control mecha7 nisms are available so that Agency 

8 funds are spent appropriately and in 

9 accordance with all applicable laws 

10 and regulations. 

11 (C) Reviewing selected contracts 

12 and other activities. 

13 (D) Investigating allegations of 

14 fraud involving Agency funds. 

15 (E) Conducting and participating 

16 in fraud prevention activities with 

17 other Federal, State, and local gov18 ernment personnel and contractors. 

19 (2) PLANS AND REPORTS.—Oversight 

20 funds may be used to issue the plans re21 quired under subsection (f) and the re22 ports required under subsection (g). 

23 (d) RESTRICTION ON USE OF FUNDS.—Over24 sight funds may not be used to finance exist25 ing agency oversight responsibilities related 


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1 to direct agency appropriations used for dis2 aster response, relief, and recovery activities. 

3 (e) METHODS OF OVERSIGHT ACTIVITIES.—

4 (1) IN GENERAL.—Oversight activities 

5 may be carried out by an agency under 

6 this section either directly or by contract. 

7 Such activities may include evaluations 

8 and financial and performance audits. 

9 (2) COORDINATION OF OVERSIGHT AC10 TIVITIES.—Before entering into a contract 

11 for a financial or performance audit to be 

12 performed under this section, the head of 

13 an agency shall coordinate with the In14 spector General of the agency or, if the 

15 agency does not have an Inspector Gen16 eral, with the Inspector General of the 

17 Federal Emergency Management Agency. 

18 (f) DEVELOPMENT OF OVERSIGHT PLANS.—

19 (1) IN GENERAL.—If an agency receives 

20 oversight funds for a fiscal year, the head 

21 of the agency shall prepare a plan de22 scribing the oversight activities for dis23 aster response, relief, and recovery an24 ticipated to be undertaken during the 

25 subsequent fiscal year. 


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1 (2) SELECTION OF OVERSIGHT ACTIVI2 TIES.—In preparing the plan, the head of 

3 the agency shall select oversight activi4 ties based upon a risk assessment of 

5 those areas that present the greatest risk 

6 of fraud, waste, and abuse. 

7 (3) SCHEDULE.—The plan shall include 

8 a schedule for conducting oversight ac9 tivities, including anticipated dates of 

10 completion. 

11 (g) FEDERAL DISASTER ASSISTANCE AC12 COUNTABILITY REPORTS.—A Federal agency re13 ceiving oversight funds under this section 

14 shall submit annually to the Director and the 

15 appropriate committees of Congress a consoli16 dated report regarding the use of such funds, 

17 including information summarizing oversight 

18 activities and the results achieved. 

19 (h) OVERSIGHT FUNDS.—In this section, the 

20 term ‘‘oversight funds’’ means funds referred 

21 to in subsection (b) that are designated for 

22 use in performing oversight activities. 


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1 SEC. 209. NONDISCRIMINATION IN DISASTER ASSISTANCE 

2 WITH RESPECT TO ENGLISH PROFICIENCY. 

3 (a) IN GENERAL.—Section 308(a) of the 

4 Robert T. Stafford Disaster Relief and Emer5 gency Assistance Act (42 U.S.C. 5151(a)) is 

6 amended by inserting ‘‘English proficiency,’’

7 after ‘‘age,’’. 

8 (b) NONDISCRIMINATION IN DISASTER ASSIST9 ANCE WITH RESPECT TO ENGLISH PRO10 FICIENCY.—Consistent with section 308(a) of 

11 the Robert T. Stafford Disaster Relief and 

12 Emergency Assistance Act (42 U.S.C. 5151(a)), 

13 as amended by this section, the Director 

14 shall—

15 (1) identify, in coordination with 

16 State and local governments, population 

17 groups with limited English proficiency 

18 and take into account such groups in dis19 aster preparedness planning; 

20 (2) ensure that information made 

21 available to individuals affected by a 

22 major disaster or emergency is translated 

23 and made available to the population 

24 groups identified in paragraph (1); and 

25 (3) develop and maintain an informa26 tional clearinghouse of model language 


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1 assistance programs and best practices 

2 for State and local governments in pro3 viding disaster and emergency related 

4 services. 

5 (c) GROUP SIZE.—For purposes of sub6 section (b), the Director shall define the size 

7 of a population group. 

8 TITLE III—COMPREHENSIVE 

9 EMERGENCY PREPAREDNESS 

10 SYSTEM 

11 SEC. 301. NATIONAL EMERGENCY PREPAREDNESS. 

12 (a) IN GENERAL.—The Robert T. Stafford 

13 Disaster Relief and Emergency Assistance Act 

14 (42 U.S.C. 5122 et seq.) is amended—

15 (1) by redesignating title VII as title 

16 VIII; 

17 (2) by redesignating sections 701 

18 through 705 as sections 801 through 805, 

19 respectively; and 

20 (3) by inserting after title VI the fol21 lowing: 


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1 ‘‘TITLE VII—COMPREHENSIVE 

2 EMERGENCY PREPAREDNESS 

3 SYSTEM 

4 ‘‘SEC. 701. DEFINITIONS. 

5 ‘‘In this title, the definitions contained in 

6 section 602 and the following definitions 

7 apply: 

8 ‘‘(1) CAPABILITY.—The term ‘capability’

9 means the ability to provide the means to 

10 accomplish one or more tasks under spe11 cific conditions and to specific perform12 ance standards. A capability may be de13 livered with any combination of properly 

14 planned, organized, equipped, trained, 

15 and exercised personnel that achieves 

16 the intended outcome. 

17 ‘‘(2) COVERED GRANT.—The term ‘cov18 ered grant’ means a grant referred to in 

19 section 709 and any other emergency pre20 paredness grant administered by the Fed21 eral Emergency Management Agency. 

22 ‘‘(3) MISSION ASSIGNMENT.—The term 

23 ‘mission assignment’ means a work order 

24 issued to a Federal agency by the Federal 

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1 ing completion by that agency of a speci2 fied task and setting forth funding, other 

3 managerial controls, and guidance. 

4 ‘‘(4) OPERATIONAL READINESS.—The 

5 term ‘operational readiness’ means the 

6 capability of an organization, an asset, a 

7 system, or equipment to perform the mis8 sions or functions for which it is orga9 nized or designed. 

10 ‘‘(5) PERFORMANCE MEASURE.—The 

11 term ‘performance measure’ means a 

12 quantitative or qualitative characteristic 

13 used to gauge the results of an outcome 

14 compared to its intended purpose. 

15 ‘‘(6) PERFORMANCE METRIC.—The term 

16 ‘performance metric’ means a particular 

17 value or characteristic used to measure 

18 the outcome that is generally expressed 

19 in terms of a baseline and a target. 

20 ‘‘SEC. 702. NATIONAL EMERGENCY PREPAREDNESS GOAL. 

21 ‘‘(a) ESTABLISHMENT.—The President, act22 ing through the Director, shall establish and 

23 revise as necessary a national emergency pre24 paredness goal that defines the target level of 

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1 tion’s ability to respond to, recover from, and 

2 mitigate against all hazards, including major 

3 disasters and other emergencies. 

4 ‘‘(b) NATIONAL INCIDENT MANAGEMENT SYS5 TEM AND NATIONAL RESPONSE PLAN.—The na6 tional emergency preparedness goal, to the 

7 greatest extent practicable, shall be con8 sistent with the national incident manage9 ment system and national response plan. 

10 ‘‘SEC. 703. ESTABLISHMENT OF THE NATIONAL EMER11 GENCY PREPAREDNESS SYSTEM. 

12 ‘‘(a) ESTABLISHMENT.—The President, act13 ing through the Director, shall establish a na14 tional emergency preparedness system to en15 able the Nation to meet the national emer16 gency preparedness goal. 

17 ‘‘(b) COMPONENTS.—The national emer18 gency preparedness system includes the fol19 lowing components: 

20 ‘‘(1) NATIONAL PLANNING SCENARIOS.—

21 ‘‘(A) IN GENERAL.—The Director, in 

22 coordination with the heads of other 

23 appropriate Federal agencies and the 

24 Task Force established under section 

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1 narios to reflect the relative risk re2 quirements presented by all hazards 

3 in order to provide the foundation for 

4 the flexible and adaptive develop5 ment of target capabilities and the 

6 identification of target capability lev7 els to meet the national emergency 

8 preparedness goal. 

9 ‘‘(B) DEVELOPMENT.—In developing 

10 national planning scenarios, the Di11 rector shall ensure that the sce12 narios—

13 ‘‘(i) reflect the relative risk of 

14 all hazards and illustrate the po15 tential scope, magnitude, and 

16 complexity of a broad range of 

17 representative hazards; and 

18 ‘‘(ii) provide the minimum 

19 number of representative sce20 narios necessary to identify and 

21 define the tasks and target capa22 bilities required to respond to all 

23 hazards. 

24 ‘‘(2) TARGET CAPABILITIES AND EMER25 GENCY PREPAREDNESS PRIORITIES.—


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1 ‘‘(A) ESTABLISHMENT OF GUIDELINES

2 ON TARGET CAPABILITIES.—Not later 

3 than 180 days after the date of enact4 ment of the Restoring Emergency 

5 Services to Protect Our Nation From 

6 Disasters Act of 2006, the Director, in 

7 coordination with the heads of other 

8 appropriate Federal agencies, includ9 ing the National Council on Dis10 ability, and the Task Force estab11 lished under section 707(a), shall up12 date and revise as necessary guide13 lines to define the risk-based target 

14 capabilities for Federal, State, and 

15 local government emergency pre16 paredness that enables the Nation to 

17 respond to, recover from, and miti18 gate against all hazards, including 

19 major disasters and other emer20 gencies. 

21 ‘‘(B) DISTRIBUTION OF GUIDE22 LINES.—The Director shall ensure that 

23 the guidelines are provided promptly 

24 to Congress and the States. The 

25 States are encouraged to make the 


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1 guidelines available to local govern2 ments within their jurisdictions. 

3 ‘‘(C) OBJECTIVES.—The Director 

4 shall ensure that the guidelines estab5 lished under subparagraph (A) meet 

6 the following objectives: 

7 ‘‘(i) SPECIFICITY.—The guide8 lines specifically describe the 

9 training, planning, personnel, and 

10 equipment that Federal, State, 

11 and local governments need to 

12 possess, or to which they need to 

13 have access, in order to meet the 

14 national emergency preparedness 

15 goal. 

16 ‘‘(ii) FLEXIBILITY.—The guide17 lines are sufficiently flexible to 

18 allow Federal, State, and local 

19 government officials to set prior20 ities based on particular needs, 

21 while achieving nationally deter22 mined emergency preparedness 

23 levels within a specified time pe24 riod. 


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1 ‘‘(iii) MEASURABILITY.—The 

2 guidelines are designed to enable 

3 measurement of progress toward 

4 specific emergency preparedness 

5 levels. 

6 ‘‘(D) EMERGENCY PREPAREDNESS

7 PRIORITIES.—In establishing the 

8 guidelines under subparagraph (A), 

9 the Director shall establish emer10 gency preparedness priorities that 

11 appropriately balance the risk of all 

12 hazards, including major disasters 

13 and other emergencies with the re14 sources required to respond to, re15 cover from, and mitigate against 

16 them. 

17 ‘‘(E) MUTUAL AID AGREEMENTS.—

18 The Director may provide support for 

19 the development of mutual aid agree20 ments within States. 

21 ‘‘(3) EQUIPMENT.—

22 ‘‘(A) EQUIPMENT STANDARDS.—

23 ‘‘(i) IN GENERAL.—The Direc24 tor, in coordination with the 

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1 eral agencies and the Task Force 

2 established under section 707(a), 

3 shall develop, promulgate, and 

4 update as necessary national vol5 untary consensus standards for 

6 first responder equipment for use 

7 in the field. In developing such 

8 standards, the Director shall—

9 ‘‘(I) ensure that the stand10 ards encourage and support 

11 nationwide interoperability 

12 and operability of equipment 

13 and other capabilities con14 sistent with the national 

15 emergency preparedness goal, 

16 including the safety and 

17 health of first responders; 

18 ‘‘(II) to the maximum ex19 tent practicable, ensure that 

20 the standards are consistent 

21 with any existing voluntary 

22 consensus standards; 

23 ‘‘(III) to the maximum ex24 tent practicable, ensure that 

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1 nologies already certified by 

2 other Federal agencies of the 

3 United States; 

4 ‘‘(IV) take into account, as 

5 appropriate, threats that may 

6 not have been contemplated 

7 when such existing standards 

8 were developed; and 

9 ‘‘(V) focus on maximizing 

10 interoperability, operability, 

11 interchangeability, durability, 

12 flexibility, efficiency, efficacy, 

13 portability, sustainability, and 

14 safety of equipment. 

15 ‘‘(ii) DEADLINE.—Not later than 

16 180 days after the date of enact17 ment of the Restoring Emergency 

18 Services to Protect Our Nation 

19 From Disasters Act of 2006, the 

20 Director shall promulgate stand21 ards under this subparagraph. 

22 ‘‘(B) CONSULTATION WITH STAND23 ARDS ORGANIZATIONS.—Before issuing 

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1 sult with relevant public and private 

2 sector standards organizations. 

3 ‘‘(4) TRAINING AND EXERCISES.—

4 ‘‘(A) PROGRAM.—Not later than 180 

5 days after the date of enactment of 

6 the Restoring Emergency Services to 

7 Protect Our Nation From Disasters 

8 Act of 2006, the Director, in coordina9 tion with the heads of other appro10 priate Federal agencies, including the 

11 National Council on Disability, and 

12 the Task Force established under sec13 tion 707(a), shall establish and main14 tain a comprehensive training pro15 gram for all levels of government to 

16 implement the national emergency 

17 preparedness goal, national incident 

18 management system, and national re19 sponse plan. 

20 ‘‘(B) TRAINING STANDARDS.—The 

21 Director shall develop and update as 

22 necessary, national voluntary con23 sensus standards for the training pro24 gram established under subpara25 graph (A). 


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1 ‘‘(C) EXERCISES.—The Director, in 

2 coordination with the heads of other 

3 appropriate Federal agencies and the 

4 Task Force established under section 

5 707(a), shall establish and maintain a 

6 program, including risk-based sce7 narios that stress the emergency 

8 management system, to conduct 

9 emergency preparedness-related ex10 ercises that reinforce identified train11 ing standards, provide for evaluation 

12 of emergency preparedness, and sup13 port the national emergency pre14 paredness goal, national incident 

15 management system, and national re16 sponse plan. 

17 ‘‘(5) COMPREHENSIVE ASSESSMENT SYS18 TEM.—

19 ‘‘(A) ESTABLISHMENT.—The Direc20 tor, in coordination with the National 

21 Council on Disability and the Task 

22 Force established under section 

23 707(a), shall establish a comprehen24 sive system to assess on an ongoing 

25 basis, the Nation’s overall emergency 


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1 preparedness, including operational 

2 readiness. 

3 ‘‘(B) PERFORMANCE METRICS AND

4 MEASURES.—The Director shall ensure 

5 that each component of the national 

6 emergency preparedness system, na7 tional incident management system, 

8 and national response plan is devel9 oped with clear and quantifiable per10 formance metrics, measures, and out11 comes. 

12 ‘‘(C) CONTENTS.—The assessment 

13 system established under subpara14 graph (A) shall assess—

15 ‘‘(i) compliance with the na16 tional emergency preparedness 

17 system, national incident manage18 ment system, and national re19 sponse plan to achieve a con20 sistent approach to national 

21 emergency preparedness and re22 sponse; 

23 ‘‘(ii) capability levels at the 

24 time of assessment against target 

25 capability levels defined pursuant 


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1 to the guidelines established 

2 under paragraph (2)(A); 

3 ‘‘(iii) resource needs to meet 

4 the desired target capability lev5 els defined pursuant to the guide6 lines established under para7 graph (2)(A); and 

8 ‘‘(iv) performance of training, 

9 exercises, and operations. 

10 ‘‘(6) BEST PRACTICES, AFTER ACTION RE11 VIEWS, AND REMEDIAL ACTION PROGRAM.—

12 ‘‘(A) IN GENERAL.—The Director, in 

13 coordination with the National Coun14 cil on Disability and the Task Force 

15 established under section 707(a), shall 

16 establish a system for identifying best 

17 practices and conducting after action 

18 reviews of incidents and exercises. 

19 ‘‘(B) REMEDIAL ACTION.—The Direc20 tor, in coordination with the National 

21 Council on Disability and the Task 

22 Force established under section 

23 707(a), shall ensure through a reme24 dial action program that the best 

25 practices and after action reviews 


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1 identified under subparagraph (A) 

2 are used to revise and update the na3 tional emergency preparedness sys4 tem, national incident management 

5 system, and national response plan 

6 on a continual basis. 

7 ‘‘(7) FEDERAL RESPONSE CAPABILITY IN8 VENTORY.—

9 ‘‘(A) IN GENERAL.—Not later than 

10 180 days after the date of enactment 

11 of the Restoring Emergency Services 

12 to Protect Our Nation From Disasters 

13 Act of 2006, the Director, in coordina14 tion with the heads of other appro15 priate Federal agencies, shall develop 

16 and maintain a Federal response ca17 pability inventory that includes the 

18 performance parameters of the capa19 bility, the timeframe within which 

20 the capability can be brought to bear 

21 on an incident, and the readiness of 

22 such capability to respond to all haz23 ards, including major disasters and 

24 other emergencies. 


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1 ‘‘(B) DEPARTMENT OF DEFENSE.—

2 The Director, in coordination with 

3 the Secretary of Defense, shall de4 velop a list of organizations and func5 tions within the Department of De6 fense that may be used, pursuant to 

7 the authority provided under sections 

8 402, 403, and 502 of this Act, to pro9 vide support to civil authorities dur10 ing major disasters and other emer11 gencies. 

12 ‘‘(8) REPORTING REQUIREMENTS.—

13 ‘‘(A) FEDERAL EMERGENCY PRE14 PAREDNESS REPORT.—

15 ‘‘(i) IN GENERAL.—Not later 

16 than 12 months after the date of 

17 enactment of the Restoring Emer18 gency Services to Protect Our Na19 tion From Disasters Act of 2006, 

20 and annually thereafter, the Di21 rector, in coordination with the 

22 heads of other appropriate Fed23 eral agencies, shall submit to the 

24 Committee on Transportation and 

25 Infrastructure of the House of 


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1 Representatives and the Com2 mittee on Homeland Security and 

3 Governmental Affairs of the Sen4 ate a report on the Nation’s level 

5 of emergency preparedness. 

6 ‘‘(ii) CONTENTS.—Each report 

7 shall include—

8 ‘‘(I) an assessment of how 

9 Federal emergency prepared10 ness assistance supports the 

11 national emergency prepared12 ness system; 

13 ‘‘(II) an assessment of 

14 compliance with the national 

15 emergency preparedness sys16 tem, national incident man17 agement system, and national 

18 response plan; 

19 ‘‘(III) an assessment of 

20 current Federal and State ca21 pability levels and a descrip22 tion of target capability levels 

23 defined pursuant to the guide24 lines established under para25 graph (2)(A); 


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1 ‘‘(IV) an assessment of 

2 performance of training, exer3 cises, and operations; 

4 ‘‘(V) information on the 

5 use of mutual aid agreements; 

6 ‘‘(VI) a review of the in7 ventory described in para8 graph (7)(A); and 

9 ‘‘(VII) an assessment of re10 source needs to meet target 

11 capability levels defined pur12 suant to the guidelines estab13 lished under paragraph (2)(A), 

14 including—

15 ‘‘(aa) an estimate of 

16 the amount of Federal, 

17 State, and local expendi18 tures required to attain 

19 the target capability lev20 els; and 

21 ‘‘(bb) the extent to 

22 which target capability 

23 levels were created or en24 hanced as the result of 

25 using covered grant funds 


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1 during the preceding fis2 cal year. 

3 ‘‘(B) STATE EMERGENCY PREPARED4 NESS REPORT.—

5 ‘‘(i) IN GENERAL.—Not later 

6 than 15 months after the date of 

7 enactment of the Restoring Emer8 gency Services to Protect Our Na9 tion From Disasters Act of 2006, 

10 and annually thereafter, a State 

11 receiving a covered grant shall 

12 submit a report to the Director on 

13 the State’s level of emergency 

14 preparedness. 

15 ‘‘(ii) CONTENTS.—Each report 

16 shall include—

17 ‘‘(I) an assessment of State 

18 compliance with the national 

19 emergency preparedness sys20 tem, national incident man21 agement system, and national 

22 response plan; 

23 ‘‘(II) an assessment of cur24 rent capability levels and a 


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1 description of target capa2 bility levels; 

3 ‘‘(III) an assessment of 

4 State performance of training, 

5 exercises, and operations; 

6 ‘‘(IV) information on the 

7 use of mutual aid agreements; 

8 ‘‘(V) information on the 

9 distribution by the State of 

10 the guidelines established by 

11 paragraph (2)(A) to local gov12 ernments within its jurisdic13 tion; and 

14 ‘‘(VI) an assessment of re15 source needs to meet target 

16 capability levels defined pur17 suant to the guidelines estab18 lished under paragraph (2)(A), 

19 including—

20 ‘‘(aa) an estimate of 

21 the amount of expendi22 tures required to attain 

23 the target capability lev24 els; and 


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1 ‘‘(bb) the extent to 

2 which target capability 

3 levels were created or en4 hanced as the result of 

5 using covered grant funds 

6 during the preceding fis7 cal year. 

8 ‘‘(C) USE OF QUANTIFIABLE PER9 FORMANCE MEASUREMENTS.—To the ex10 tent practicable, each report shall be 

11 based on quantifiable performance 

12 measurements. 

13 ‘‘SEC. 704. NATIONAL INCIDENT MANAGEMENT SYSTEM. 

14 ‘‘(a) NATIONAL INCIDENT MANAGEMENT SYS15 TEM.—There is hereby established a national 

16 incident management system that encom17 passes a single, comprehensive approach to 

18 domestic incident management to ensure that 

19 all levels of government across the Nation 

20 have the capability to work efficiently and ef21 fectively together by using a consistent ap22 proach to domestic incident management for 

23 all hazards, including major disasters and 

24 other emergencies. 

25 ‘‘(b) RESPONSIBILITIES OF DIRECTOR.—


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1 ‘‘(1) RESPONSIBILITY FOR SYSTEM.—The 

2 Director shall be responsible for all as3 pects of the national incident manage4 ment system, including completing, im5 plementing, maintaining, and revising 

6 the system. 

7 ‘‘(2) COORDINATION OF SYSTEM.—The 

8 Director shall coordinate with the heads 

9 of other appropriate Federal agencies in 

10 revising the system. 

11 ‘‘SEC. 705. NATIONAL RESPONSE PLAN. 

12 ‘‘(a) RESPONSIBILITIES OF DIRECTOR.—

13 ‘‘(1) RESPONSIBILITY FOR PLAN.—The 

14 Director shall be responsible for all as15 pects of the national response plan, in16 cluding completing, implementing, main17 taining, and revising the plan. 

18 ‘‘(2) COORDINATION OF PLAN.—The Di19 rector shall coordinate with the heads of 

20 other appropriate Federal agencies, in21 cluding the National Council on Dis22 ability, in revising the plan. 

23 ‘‘(b) INITIAL REVIEW AND REVISION OF RE24 SPONSE PLAN.—


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1 ‘‘(1) IN GENERAL.—Not later than 

2 March 1, 2007, the Director shall, in co3 ordination with the heads of other appro4 priate Federal agencies, including the 

5 National Council on Disability, and the 

6 Task Force established under section 

7 707(a), complete a comprehensive review 

8 of the national response plan for the pur9 pose of identifying areas for revision. 

10 ‘‘(2) REVIEW AND REVISE.—As part of 

11 the review, the Director shall review and 

12 revise the national response plan—

13 ‘‘(A) to ensure integration and 

14 consistency with the national inci15 dent management system; 

16 ‘‘(B) to establish a protocol for a 

17 proactive Federal response in sup18 port of a State to a catastrophic dis19 aster with or without warning; and 

20 ‘‘(C) to clarify the role of who is in 

21 charge of the Federal disaster re22 sponse. 

23 ‘‘(c) MISSION ASSIGNMENTS.—To expedite 

24 the provision of assistance under the national 

25 response plan, the Director, in coordination 


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1 with the heads of other appropriate Federal 

2 agencies and the Task Force established 

3 under section 707(a), shall develop 

4 prescripted mission assignments for logistics, 

5 communications, mass care, health services, 

6 and public safety. 

7 ‘‘SEC. 706. FEDERAL EMERGENCY PREPAREDNESS. 

8 ‘‘(a) AGENCY RESPONSIBILITY.—In support 

9 of the national emergency preparedness sys10 tem established under this title, the President 

11 shall ensure that each Federal agency with re12 sponsibility for responding to major disasters 

13 and other emergencies shall—

14 ‘‘(1) have the operational capability, 

15 including the personnel to make and 

16 communicate decisions, organizational 

17 structures that are assigned, trained, and 

18 exercised for their missions, sufficient 

19 physical resources, and the command, 

20 control, and communication channels to 

21 make, monitor, and communicate deci22 sions to meet the national emergency 

23 preparedness goal; 

24 ‘‘(2) have the operational command 

25 and control structures that comply with 


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1 the national incident management sys2 tem; 

3 ‘‘(3) develop, in support of crisis oper4 ational capability, a deliberate planning 

5 capability, including plans, personnel, 

6 and training; and 

7 ‘‘(4) develop, train, and exercise ros8 ters of disaster response personnel to be 

9 deployed when the organization is called 

10 upon to support a Federal response. 

11 ‘‘(b) CONSTRUCTION.—Nothing in this sec12 tion shall limit the authority of the Secretary 

13 of Defense with regard to the command and 

14 control, training, planning, equipment, exer15 cises, or employment of Department of De16 fense forces, or the allocation of Department 

17 of Defense resources. 

18 ‘‘SEC. 707. NATIONAL EMERGENCY PREPAREDNESS TASK 

19 FORCE. 

20 ‘‘(a) ESTABLISHMENT.—The Director shall 

21 establish a National Emergency Preparedness 

22 Task Force (referred to in this section as the 

23 ‘Task Force’) to ensure effective and ongoing 

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1 forts for all hazards that incorporates State 

2 and local government and private sector 

3 input in the development and revision of the 

4 national emergency preparedness goal, the 

5 national emergency preparedness system, na6 tional incident management system, and na7 tional response plan. 

8 ‘‘(b) MEMBERSHIP.—

9 ‘‘(1) IN GENERAL.—The Task Force 

10 shall consist of members appointed by 

11 the Director from among representatives 

12 of—

13 ‘‘(A) national organizations rep14 resenting State and local govern15 ments; 

16 ‘‘(B) national, State, and local 

17 emergency management organiza18 tions; and 

19 ‘‘(C) national, State, and local 

20 emergency response organizations, 

21 including governmental and non22 governmental organizations. 

23 ‘‘(2) REPRESENTATION.—To the extent 

24 practicable, Task Force members shall 

25 represent—


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1 ‘‘(A) geographically diverse areas 

2 (including urban and rural); 

3 ‘‘(B) State and local elected offi4 cials; 

5 ‘‘(C) national, State, and local 

6 emergency management professional 

7 organizations; and 

8 ‘‘(D) individuals involved in a 

9 cross section of emergency response 

10 disciplines and professions, including 

11 as appropriate fire service and law 

12 enforcement, hazardous materials re13 sponse, emergency medical services, 

14 public works personnel routinely en15 gaged in emergency response, health 

16 professionals, and organizations with 

17 expertise in accrediting and estab18 lishing standards for emergency man19 agement services. 

20 ‘‘(3) CONSULTATION WITH THE DEPART21 MENT OF HEALTH AND HUMAN SERVICES.—In 

22 the selection of members of the Task 

23 Force who are health professionals, in24 cluding emergency medical professionals, 


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1 the Director shall consult with the Sec2 retary of Health and Human Services. 

3 ‘‘(4) EX OFFICIO MEMBERS.—The Direc4 tor shall designate one or more officers 

5 from the Federal Emergency Manage6 ment Agency to serve as an ex officio 

7 member of the Task Force. 

8 ‘‘SEC. 708. NATIONAL INCIDENT MANAGEMENT SYSTEM 

9 AND NATIONAL RESPONSE PLAN INTEGRA10 TION CENTER. 

11 ‘‘(a) IN GENERAL.—In order to carry out 

12 the duties of the Director related to the Na13 tional Incident Management System and Na14 tional Response Plan, there is established a 

15 National Incident Management System and 

16 National Response Plan Integration Center. 

17 ‘‘(b) RESPONSIBILITIES.—The head of the 

18 Center shall establish a system to ensure com19 pletion, implementation, maintenance, and 

20 revision of the National Incident Management 

21 System and the National Response Plan and 

22 perform such other duties as the Director 

23 may require. 

24 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—

25 There is authorized to be appropriated to 


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1 carry out this section $30,000,000 for fiscal 

2 year 2007, $32,000,000 for fiscal year 2008, and 

3 $34,000,000 for fiscal year 2009. Such sums 

4 shall remain available until expended. 

5 ‘‘SEC. 709. AUTHORIZATION. 

6 ‘‘(a) IN GENERAL.—The Director is author7 ized to make grants to any State or local gov8 ernment for the purpose of carrying out this 

9 title. 

10 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—

11 There are authorized to be appropriated to 

12 carry out this section such sums as are nec13 essary for the Director to assist State and 

14 local governments to meet requirements 

15 under this title.’’. 

16 (b) CONFORMING AMENDMENT.—The first 

17 sentence of section 601 of such Act (42 U.S.C. 

18 5195) is amended by inserting ‘‘and title VII’’

19 after ‘‘this title’’. 

20 SEC. 302. EMERGENCY MANAGEMENT ASSISTANCE COM21 PACT GRANTS. 

22 (a) IN GENERAL.—The Director may make 

23 grants to administer the Emergency Manage24 ment Assistance Compact authorized by Pub25 lic Law 104–321. 


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1 (b) USES.—A grant under this section shall 

2 be used—

3 (1) to carry out recommendations 

4 identified in the emergency management 

5 assistance compact after-action reports 

6 for the 2004 and 2005 hurricane season; 

7 (2) to administer compact operations 

8 on behalf of all member States and terri9 tories; 

10 (3) to continue coordination with the 

11 Agency and other appropriate Federal 

12 agencies; and 

13 (4) to continue coordination with 

14 State and local government entities and 

15 their respective national organizations. 

16 (c) AUTHORIZATION.—There is authorized 

17 to be appropriated to carry out this section 

18 $4,000,000 for each of fiscal years 2007, 2008, 

19 and 2009. Such sums shall remain available 

20 until expended. 


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Union Calendar No. 434 

109TH CONGRESS 

2D SESSION H. R. 5316 

[Report No. 109

–519, Parts I and II] 

A BILL 

To reestablish the Federal Emergency Management 

and for other purposes. recovery from, and mitigation against disasters, for the Nation’s preparedness for, response to, ment in the executive branch that is responsible Agency as a cabinet-level independent establishDECEMBER 8, 2006 

Reported from the Committee on Transportation and 

Infrastructure with an amendment 

DECEMBER 8, 2006 

Referral to the Committee on Homeland Security ex2006 tended for a period ending not later than December 8, 

DECEMBER 8, 2006 

Referred to the Committee on Science for a period ending 

clause 1(o), rule X within the jurisdiction of that committee pursuant to such provisions of the bill and amendments as fall not later than December 8, 2006, for consideration of 

DECEMBER 8, 2006 

Committees on Homeland Security and Science disprinted House on the State of the Union and ordered to be charged; committed to the Committee of the Whole 


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