I 

109TH CONGRESS 

2D SESSION H. R. 5316 

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 

A BILL 

To reestablish the Federal Emergency Management Agency 

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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. 

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. Communications. 

Sec. 206. Emergency equipment assistance. 

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


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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 

23 of the Department of Homeland Security, and the 


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1 Homeland Security Council established by the Presi2 dent, identified the magnitude of the storm, failures 

3 of leadership, and a flawed disaster management 

4 system at all levels of government as reasons for the 

5 inadequate government response. 

6 (5) The creation of the Department of Home7 land Security placed an additional layer of manage8 ment and response authority between the President 

9 and the Federal Emergency Management Agency (in 

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

11 the authority of the Director of FEMA. 

12 (6) During the response to Hurricane Katrina, 

13 the Department of Homeland Security executed im14 portant elements of the National Response Plan late, 

15 ineffectively, or not at all. 

16 (7) The competing priorities of the terrorism 

17 prevention mission of the Department of Homeland 

18 Security and the disaster management mission of 

19 FEMA significantly contributed to the rapid decline 

20 of FEMA’s capability to coordinate the Federal re21 sponse to Hurricane Katrina. 

22 (8) The transfer of FEMA’s preparedness 

23 grants and functions to other entities of the Depart24 ment of Homeland Security, FEMA’s tremendous 

25 loss of experienced professional personnel, and the 


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1 reduction of FEMA’s funding for equipment, train2 ing, and exercises made FEMA’s inadequate per3 formance in the face of a disaster the size of Hurri4 cane Katrina all but inevitable. 

5 (9) While some Federal departments and agen6 cies, such as the Coast Guard, performed admirably, 

7 others were inadequately prepared for Hurricane 

8 Katrina and executed their responsibilities under the 

9 National Response Plan poorly. 

10 (10) The preparedness level and capabilities of 

11 State and local governments to respond to Hurri12 cane Katrina varied tremendously. Some responded 

13 effectively while others struggled to evacuate their 

14 populations or conduct effective response operations. 

15 (11) The Federal Government has spent more 

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

17 since 2001, but the Nation’s core emergency man18 agement capabilities have improved little and even 

19 declined in some important respects. Federal home20 land security grant programs inadvertently divided 

21 what was once a single, all-hazards preparedness 

22 system into 2 artificially separate preparedness cat23 egories of terrorism and other disasters. 

24 (12) Comprehensive reform of the Nation’s 

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1 dress the dangers presented by major disasters and 

2 emergencies of all kinds. 

3 (13) The Nation’s emergency management sys4 tem is based on the following general principles: 

5 (A) Incidents are best managed at the low6 est level of government. 

7 (B) Federal assistance is provided in sup8 port of State governments. 

9 (C) Military assistance is provided in sup10 port of civil authorities. 

11 (14) Large disasters require presidential in12 volvement to lead the Federal response and mobilize 

13 the assets of the entire Federal Government, par14 ticularly Department of Defense assistance, and the 

15 President needs solid professional advice in pre16 paring for and responding to a disaster to make the 

17 right decisions. 

18 (15) Preparing for and responding to disasters, 

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

20 the organization responsible for disaster manage21 ment. 

22 (16) The coordination of preparedness and 

23 planning to reduce the consequences of all hazards, 

24 including terrorism, is and has always been part of 

25 FEMA’s primary mission. 


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1 (17) FEMA should be reestablished as an inde2 pendent cabinet-level agency to coordinate the Fed3 eral response on behalf of the President and to lead 

4 the Nation’s efforts to improve the Nation’s all-haz5 ards emergency management system. 

6 (18) Establishing FEMA as an independent 

7 agency will enable the Department of Homeland Se8 curity to refocus efforts on preventing terrorism and 

9 free FEMA from internal competition with the ter10 rorism prevention entities of the Department for re11 sources and personnel. 

12 (19) The 4 elements of comprehensive emer13 gency management (preparedness, response, recov14 ery, and mitigation) must be closely integrated and 

15 managed within FEMA. 

16 (20) FEMA’s assets and capabilities to coordi17 nate the Federal response to a catastrophic disaster 

18 must be restored and enhanced. In particular, 

19 FEMA’s professional workforce and its incident 

20 command, communications, and logistics capabilities 

21 must be improved. 

22 (21) The tension between the Nation’s all haz23 ards emergency management system and terrorism 

24 preparedness must be resolved. An all-hazards ap25 proach fully addresses terrorism, but preparing for 


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1 terrorism alone does not address all aspects of the 

2 other hazards. 

3 (22) Governments at all levels have historically 

4 analyzed past disaster responses by participating in 

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

6 act upon recommendations necessary to produce a 

7 more effective and efficient response to future disas8 ters. 

9 (23) Congress should ensure the establishment 

10 of an all-hazards, comprehensive national emergency 

11 preparedness goal and system that will— 

12 (A) ensure a consistent approach to do13 mestic incident management; 

14 (B) establish target capabilities that each 

15 level of government should possess or to which 

16 it should have access; 

17 (C) direct resources to filling capability 

18 gaps and regularly assess the Nation’s pre19 paredness level; and 

20 (D) ensure that lessons learned and best 

21 practices are fully incorporated into the further 

22 development of the emergency preparedness 

23 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 the Federal Government’s con16 tinuity of operations programs by— 

17 (A) formulating guidance and establishing 

18 common standards for the Federal Government 

19 to use in developing viable, executable con20 tinuity of operations plans; 

21 (B) facilitating interagency coordination, 

22 as appropriate; and 

23 (C) overseeing and assessing the status of 

24 continuity of operations capabilities within the 

25 Federal Government. 


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1 (b) NATIONAL RESPONSE PLAN.— 

2 (1) ROLE OF FEMA.—Notwithstanding any 

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

4 agency for the National Response Plan. 

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

6 than 30 days after the date of enactment of this 

7 Act, the Director shall revise the National Response 

8 Plan to reflect the establishment of and incorporate 

9 the Agency as an independent establishment under 

10 this Act. 

11 SEC. 103. DIRECTOR; DEPUTY DIRECTOR. 

12 (a) DIRECTOR.— 

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

14 by a Director, who shall be appointed by the Presi15 dent, by and with the advice and consent of the Sen16 ate, and who shall report directly to the President. 

17 The Director shall be compensated at the rate pro18 vided for at level I of the Executive Schedule under 

19 section 5312 of title 5, United States Code. 

20 (2) QUALIFICATIONS.—The Director shall be 

21 appointed from among individuals who have exten22 sive experience in emergency preparedness, response, 

23 recovery, and mitigation for all hazards, including 

24 major disasters, acts of terrorism, and other emer25 gencies. 


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1 (3) TERM OF OFFICE.—The term of office of an 

2 individual appointed as the Director shall be 5 years. 

3 Such individual may be appointed in accordance 

4 with paragraph (1) for an additional term of 5 

5 years. 

6 (4) CONFORMING AMENDMENT.—Section 5312 

7 of title 5, United States Code, is amended by adding 

8 at the end the following: 

9 ‘‘ Director of the Federal Emergency Manage10 ment Agency.’’. 

11 (b) DEPUTY DIRECTOR.— 

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

13 Deputy Director appointed in the competitive service 

14 by the Director. 

15 (2) QUALIFICATIONS.—The Deputy Director 

16 shall be appointed from among individuals who have 

17 extensive experience in emergency preparedness, re18 sponse, recovery, and mitigation for all hazards, in19 cluding major disasters, acts of terrorism, and other 

20 emergencies. 

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

22 (A) carry out duties and powers prescribed 

23 by the Director; and 


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1 (B) act for the Director when the Director 

2 is absent or unable to serve or when the posi3 tion of the Director is vacant. 

4 SEC. 104. OFFICE OF THE INSPECTOR GENERAL. 

5 The Agency shall have an office of the Inspector Gen6 eral, headed by an Inspector General, in accordance with 

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

8 5 U.S.C. App.). 

9 SEC. 105. TRANSFER OF FUNCTIONS. 

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

11 Director— 

12 (1) the functions of the Department of Home13 land Security relating to the Federal Emergency 

14 Management Agency, including the functions of the 

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

16 502 (other than paragraph (2)), and 503(1) of the 

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

18 238(c)(8), 312, 313(1)); 

19 (2) other functions of the Directorate for Pre20 paredness of the Department (other than those func21 tions relating to law enforcement efforts to prevent 

22 and deter acts of terrorism, protect critical infra23 structure, and conduct intelligence activities); and 

24 (3) the functions relating to the Agency under 

25 any other law, including— 


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1 (A) the National Flood Insurance Act of 

2 1968 (42 U.S.C. 4001 et seq.); 

3 (B) the Robert T. Stafford Disaster Relief 

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

5 et seq.); 

6 (C) the Earthquake Hazards Reduction 

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

8 (D) the National Dam Safety Program Act 

9 (33 U.S.C. 467 et seq.); 

10 (E) the Federal Fire Prevention and Con11 trol Act of 1974 (15 U.S.C. 2201 et seq.); and 

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

13 U.S.C. App.). 

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

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

16 During the transition period, the Secretary of Homeland 

17 Security shall provide to the Director such assistance, in18 cluding the use of personnel and assets, as the Director 

19 may request in preparing for the transfer. 

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

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

22 other personnel of the Agency with respect to func23 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) APPOINTMENTS.—The Director may ap13 point and fix the compensation of such officers and 

14 employees, including investigators, attorneys, and 

15 administrative law judges, as may be necessary to 

16 carry out the respective functions transferred under 

17 section 105. Except as otherwise provided by law, 

18 such officers and employees shall be appointed in ac19 cordance with the civil service laws and their com20 pensation fixed in accordance with title 5, United 

21 States Code. 

22 (2) EXPERTS AND CONSULTANTS.—The Direc23 tor may obtain the services of experts and consult24 ants in accordance with section 3109 of title 5, 

25 United States Code, and compensate such experts 


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1 and consultants for each day (including traveltime) 

2 during which they are engaged in the actual per3 formance of such services at rates not in excess of 

4 the rate of pay for level IV of the Executive Sched5 ule under section 5315 of such title. The Director 

6 may pay experts and consultants who are serving 

7 away from their homes or regular place of business, 

8 travel expenses and per diem in lieu of subsistence 

9 at rates authorized by sections 5702 and 5703 of 

10 such title for persons in Government service em11 ployed intermittently. 

12 (b) DELEGATION AND ASSIGNMENT.—Except where 

13 otherwise expressly prohibited by law or otherwise pro14 vided by this title, the Director may delegate any of the 

15 functions transferred to the Director by section 105 and 

16 any function transferred or granted to the Director after 

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

18 and employees of the Agency as the Director may des19 ignate and may authorize successive redelegations of such 

20 functions as may be necessary or appropriate. No delega21 tion of functions by the Director under this subsection or 

22 under any other provision of this title shall relieve the Di23 rector of responsibility for the administration of such func24 tions. 


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

2 reallocate any function transferred under section 105 

3 among the officers of the Agency, and may establish, con4 solidate, alter, or discontinue such organizational entities 

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

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

7 of the allocation or reallocation, provides to the Committee 

8 on Transportation and Infrastructure of the House of 

9 Representatives and the Committee on Homeland Security 

10 and Governmental Affairs of the Senate written notice of 

11 the allocation or reallocation. 

12 (d) RULES.—The Director may prescribe, in accord13 ance with the provisions of chapters 5 and 6 of title 5, 

14 United States Code, such rules and regulations as the Di15 rector determines necessary or appropriate to administer 

16 and manage the functions of the Agency. 

17 (e) TRANSFER AND ALLOCATIONS OF APPROPRIA18 TIONS AND PERSONNEL.—Except as otherwise provided 

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

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

21 unexpended balances of appropriations, authorizations, al22 locations, and other funds employed, used, held, arising 

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

24 with the functions transferred by section 105, subject to 

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


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1 transferred to the Agency. Unexpended funds transferred 

2 pursuant to this subsection shall be used only for the pur3 poses for which the funds were originally authorized and 

4 appropriated. 

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

6 Office of Management and Budget, in consultation with 

7 the Director, may make such determinations as may be 

8 necessary with regard to the functions transferred by sec9 tion 105, and may make such additional incidental disposi10 tions of personnel, assets, liabilities, grants, contracts, 

11 property, records, and unexpended balances of appropria12 tions, authorizations, allocations, and other funds held, 

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

14 in connection with such functions, as may be necessary 

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

16 the Office of Management and Budget shall provide for 

17 the termination of the affairs of all entities terminated by 

18 this title and for such further measures and dispositions 

19 as may be necessary to effectuate the purposes of this 

20 title. 

21 (g) EFFECT ON PERSONNEL.— 

22 (1) IN GENERAL.—Except as otherwise pro23 vided by this title, the transfer pursuant to this title 

24 of full-time personnel (except special Government 

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1 nent positions shall not cause any such employee to 

2 be separated or reduced in grade or compensation 

3 for one year after the date of transfer of such em4 ployee under this title. 

5 (2) EXECUTIVE SCHEDULE POSITIONS.—Except 

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

7 on the day preceding the date of the transfers of 

8 functions under section 105, held a position com9 pensated in accordance with the Executive Schedule 

10 prescribed in chapter 53 of title 5, United States 

11 Code, and who, without a break in service, is ap12 pointed in the Agency to a position having duties 

13 comparable to the duties performed immediately pre14 ceding such appointment shall continue to be com15 pensated in such new position at not less than the 

16 rate provided for such previous position, for the du17 ration of the service of such person in such new po18 sition. 

19 SEC. 107. SAVINGS PROVISIONS. 

20 (a) SAVINGS PROVISIONS.— 

21 (1) CONTINUING EFFECT OF LEGAL DOCU22 MENTS.—All orders, determinations, rules, regula23 tions, permits, agreements, grants, contracts, certifi24 cates, licenses, registrations, privileges, and other 

25 administrative actions— 


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1 (A) which have been issued, made, grant2 ed, or allowed to become effective by the Presi3 dent, any Federal agency or official thereof, or 

4 by a court of competent jurisdiction, in the per5 formance of functions that are transferred 

6 under section 105; and 

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

8 transfers of functions under section 105, or 

9 were final before such date and are to become 

10 effective on or after such date, shall continue in 

11 effect according to their terms until modified, 

12 terminated, superseded, set aside, or revoked in 

13 accordance with law by the President, the Di14 rector, or other authorized official, a court of 

15 competent jurisdiction, or by operation of law. 

16 (2) PROCEEDINGS NOT AFFECTED.—The provi17 sions of this title shall not affect any proceedings, 

18 including notices of proposed rulemaking, or any ap19 plication for any license, permit, certificate, or finan20 cial assistance pending before the Agency on the 

21 date of the transfers of functions under section 105, 

22 with respect to functions transferred by section 105 

23 but such proceedings and applications shall continue. 

24 Orders shall be issued in such proceedings, appeals 

25 shall be taken therefrom, and payments shall be 


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

2 not been enacted, and orders issued in any such pro3 ceedings shall continue in effect until modified, ter4 minated, superseded, or revoked by a duly author5 ized official, by a court of competent jurisdiction, or 

6 by operation of law. Nothing in this paragraph shall 

7 be deemed to prohibit the discontinuance or modi8 fication of any such proceeding under the same 

9 terms and conditions and to the same extent that 

10 such proceeding could have been discontinued or 

11 modified if this title had not been enacted. 

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

13 this title shall not affect suits commenced before the 

14 date of the transfers of functions under section 105, 

15 and in all such suits, proceedings shall be had, ap16 peals taken, and judgments rendered in the same 

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

18 not been enacted. 

19 (4) NONABATEMENT OF ACTIONS.—No suit, ac20 tion, or other proceeding commenced by or against 

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

22 official capacity of such individual as an officer of 

23 the Agency, shall abate by reason of the enactment 

24 of this title. 


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1 (5) ADMINISTRATIVE ACTIONS RELATING TO

2 PROMULGATION OF REGULATIONS.—Any administra3 tive action relating to the preparation or promulga4 tion of a regulation by the Agency relating to a 

5 function transferred under section 105 may be con6 tinued by the Agency with the same effect as if this 

7 title had not been enacted. 

8 (b) REFERENCES.—Any reference in any other Fed9 eral law, Executive order, rule, regulation, or delegation 

10 of authority, or any document of or pertaining to a depart11 ment, agency, or office from which a function is trans12 ferred by section 105— 

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

14 office is deemed to refer to the head of the depart15 ment, agency, or office to which such function is 

16 transferred; or 

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

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

19 to which such function is transferred. 

20 SEC. 108. CONFORMING AND TECHNICAL AMENDMENTS. 

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

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

23 the end the following: 

24 ‘‘(H) The Federal Emergency Management 

25 Agency.’’. 


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1 (b) RECOMMENDED LEGISLATION.— 

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

3 appropriate committees of Congress and the Direc4 tor of the Office of Management and Budget, the 

5 Director shall prepare recommended legislation con6 taining technical and conforming amendments to re7 flect the changes made by this title. 

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

9 90 days after the last day of the transition period 

10 referred to in section 105(b), the Director shall sub11 mit to Congress a report containing the rec12 ommended legislation. 

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

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

15 are repealed: 

16 (1) Section 503(1). 

17 (2) Section 507. 

18 Subtitle B—Federal Emergency 

19 Management Agency Personnel 

20 SEC. 121. WORKFORCE DEVELOPMENT. 

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

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

23 following: 


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1 ‘‘CHAPTER 101—FEDERAL EMERGENCY 

2 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. 

3 ‘‘§ 10101. Definitions 

4 ‘‘For purposes of this chapter— 

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

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

7 the Federal Emergency Management Agency estab8 lished under section 101 of the RESPOND Act of 

9 2006; and 

10 ‘‘(2) the term ‘Director of the Federal Emer11 gency Management Agency’ or ‘Director’ shall be 

12 considered to refer to the Director of the Federal 

13 Emergency Management Agency appointed under 

14 section 103 of the RESPOND Act of 2006. 

15 ‘‘§ 10102. Human capital strategy 

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

17 Emergency Management Agency shall develop a human 

18 capital strategy to ensure that the Agency has a workforce 

19 of the appropriate size and with the appropriate skills and 

20 training to effectively carry out the mission and respon21 sibilities of the Agency, consistent with the policies and 

22 plans developed pursuant to this section. 


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

2 minimum— 

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

4 Agency; 

5 ‘‘(2) an assessment of the workforce character6 istics and future needs of the Agency; 

7 ‘‘(3) an analysis of how the Agency’s human re8 sources policies and programs align with the Agen9 cy’s mission, strategic goals, and performance out10 comes; and 

11 ‘‘(4) any other elements that the Director deter12 mines necessary to develop and maintain a human 

13 capital strategy, including elements described in sec14 tion 1402. 

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

16 Congress— 

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

18 not later than 6 months after the date of enactment 

19 of this chapter; and 

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

21 in paragraph (1). 

22 ‘‘§ 10103. Recruitment bonuses for the Federal Emer23 gency Management Agency 

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

25 Emergency Management Agency may pay a bonus to an 


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1 individual in order to recruit the individual for a position 

2 within the Agency that would otherwise be difficult to fill 

3 in the absence of such a bonus. 

4 ‘‘(b) BONUS AMOUNT.— 

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

6 under this section shall be determined by the Direc7 tor, but may not exceed 25 percent of the annual 

8 rate of basic pay of the position involved. 

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

10 section shall be paid in the form of a lump-sum pay11 ment and shall not be considered to be part of basic 

12 pay. 

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

14 under this section shall be contingent upon the employee 

15 entering into a written service agreement with the Federal 

16 Emergency Management Agency. The agreement shall in17 clude— 

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

19 required to complete in return for the bonus; and 

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

21 may be terminated before the agreed-upon service 

22 period has been completed, and the effect of the ter23 mination. 

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

25 not be paid to recruit an individual for— 


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1 ‘‘(1) a position to which an individual is ap2 pointed by the President, by and with the advice and 

3 consent of the Senate; 

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

5 as a noncareer appointee (as defined in section 

6 3132(a)); or 

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

8 the competitive service by reason of its confidential, 

9 policy-determining, policy-making, or policy-advo10 cating character. 

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

12 under this section shall terminate 5 years after the date 

13 of enactment of this chapter. 

14 ‘‘§ 10104. Retention bonuses for the Federal Emer15 gency Management Agency 

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

17 Emergency Management Agency may pay, on a case-by18 case basis, a bonus under this section to an employee of 

19 the Agency if— 

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

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

22 the employee’s services makes it essential to retain 

23 the employee; and 


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1 ‘‘(2) the Director determines that, in the ab2 sence of such a bonus, the employee would be likely 

3 to leave— 

4 ‘‘(A) the Federal service; or 

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

6 service. 

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

8 under this section is contingent upon the employee enter9 ing into a written service agreement with the Agency to 

10 complete a period of service with the Agency. Such agree11 ment shall include— 

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

13 required to complete in return for the bonus; and 

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

15 may be terminated before the agreed-upon service 

16 period has been completed, and the effect of the ter17 mination. 

18 ‘‘(c) BONUS AMOUNT.— 

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

20 under this section shall be determined by the Direc21 tor, but may not exceed 25 percent of the annual 

22 rate of basic pay of the position involved. 

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

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1 ment and shall not be considered to be part of basic 

2 pay. 

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

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

5 for a recruitment bonus under section 10103. 

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

7 to grant bonuses under this section shall expire 5 years 

8 after the date of enactment of this chapter. 

9 ‘‘§ 10105. Disaster workforce reserve cadre 

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

11 the Federal Emergency Management Agency a disaster 

12 workforce reserve cadre to meet the Agency’s surge re13 quirements during periods of emergency, as determined by 

14 the Director of the Federal Emergency Management 

15 Agency. 

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

17 of enactment of this chapter, the Director shall conduct 

18 a comprehensive review of the current disaster workforce 

19 reserves for the purpose of identifying areas for redevelop20 ment. As part of the review, the Director shall review and 

21 redevelop the disaster workforce to create a capable cadre 

22 by— 

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

24 disaster workforce; 


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1 ‘‘(2) establishing consistent and shorter disaster 

2 workforce mobilization times; 

3 ‘‘(3) establishing standards to meet mission re4 quirements; 

5 ‘‘(4) establishing a robust credentialing system 

6 for the disaster workforce to integrate capabilities 

7 and skill sets into job descriptions for a more effec8 tive and faster response capability; 

9 ‘‘(5) establishing employment protections for 

10 disaster workforce reservists; and 

11 ‘‘(6) establishing a streamlined deployment sys12 tem. 

13 ‘‘(c) ANNUITANTS.—If an individual receiving an an14 nuity from the Civil Service Retirement and Disability 

15 Fund becomes temporarily reemployed pursuant to this 

16 section, such annuity shall not be discontinued thereby. 

17 An individual so reemployed shall not be considered an 

18 employee for the purposes of chapter 83 or 84. 

19 ‘‘(d) EXPENSES.—The Director may provide mem20 bers of the disaster workforce reserve cadre transportation 

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

22 applicable provisions of this title, for the purpose of par23 ticipating in any training that relates to service as a mem24 ber of the disaster workforce reserve cadre.’’. 


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1 (b) CONFORMING AMENDMENT.—The table of chap2 ters for subpart I of part III of title 5, United States 

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

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

4 TITLE II—STRENGTHENING THE 

5 FEDERAL EMERGENCY MAN6 AGEMENT AGENCY 

7 SEC. 201. CATASTROPHIC PLANNING PROGRAM. 

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

10 5196 et seq.) is amended by adding at the end the fol11 lowing: 

12 ‘‘SEC. 616. CATASTROPHIC PLANNING PROGRAM. 

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

14 a program to assist States and local governments rep15 resenting areas at substantial risk for a catastrophic inci16 dent, and other Federal agencies as appropriate, in devel17 oping a comprehensive program to prepare for a cata18 strophic incident. 

19 ‘‘(b) ACTIVITIES.—The program may include plan20 ning, training, exercises, and such other activities as the 

21 Director considers necessary. 

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

23 the Director, in coordination with a State or local govern24 ment, shall select sites within the jurisdiction of such 

25 State or local government that are at substantial risk for 


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1 a catastrophic incident and require additional prepared2 ness activities to ensure an effective response and recov3 ery. 

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

5 term ‘catastrophic incident’ means any natural or man6 made incident, including terrorism, that results in extraor7 dinary levels of mass casualties, damage, or disruption se8 verely affecting the population, infrastructure, environ9 ment, economy, national morale, or government functions. 

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

11 Committee on Transportation and Infrastructure of the 

12 House of Representatives and the Committee on Home13 land Security and Governmental Affairs of the Senate a 

14 report on the preparedness levels of participating jurisdic15 tions. 

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

17 is authorized to be appropriated to carry out this section 

18 $30,000,000 for fiscal year 2007, $32,000,000 for fiscal 

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

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

21 sums shall remain available until expended.’’. 

22 SEC. 202. EMERGENCY RESPONSE TEAMS. 

23 Section 303 of the Robert T. Stafford Disaster Relief 

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

25 amended— 


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

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

3 the following: 

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

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

6 shall’’; and 

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

8 ‘‘(b) EMERGENCY RESPONSE TEAMS.— 

9 ‘‘(1) ESTABLISHMENT.—In carrying out sub10 section (a), the President, acting through the Direc11 tor of the Federal Emergency Management Agency, 

12 shall establish at a minimum 3 national response 

13 teams and sufficient regional and other response 

14 teams as may be necessary to meet the incident 

15 management responsibilities of the Federal Govern16 ment. 

17 ‘‘(2) TARGET CAPABILITY LEVEL.—The Direc18 tor shall ensure that specific target capability levels, 

19 as defined pursuant to the guidelines established 

20 under section 703(b)(2)(A), are established for Fed21 eral emergency response teams. 

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

23 through the Director, shall ensure that the Federal 

24 emergency response teams consist of adequate num25 bers of properly planned, organized, equipped, 


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1 trained, and exercised personnel to achieve the es2 tablished target capability levels. 

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

4 shall evaluate team readiness on a regular basis and 

5 report team readiness levels in the report required 

6 under section 703(b)(8)(A).’’. 

7 SEC. 203. EMERGENCY OPERATIONS CENTERS. 

8 (a) NATIONAL.—The Director shall maintain and op9 erate within the Federal Emergency Management Agency 

10 a national emergency operations center to support Federal 

11 emergency operations. 

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

13 region of the Agency maintains and operates an emer14 gency operations center to support Federal emergency op15 erations. 

16 (c) TARGET CAPABILITY LEVELS.—The Director 

17 shall ensure that specific target capability levels, as de18 fined pursuant to the guidelines established under section 

19 703(b)(2)(A) of the Robert T. Stafford Disaster Relief 

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

21 established for national and regional emergency operations 

22 centers. 

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

24 national and regional emergency operations centers consist 

25 of adequate numbers of properly planned, organized, 


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1 equipped, trained, and exercised personnel to achieve the 

2 established target capability levels. 

3 (e) READINESS REPORTING.—The Director shall 

4 evaluate the readiness of the emergency operations centers 

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

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

7 SEC. 204. LOGISTICS. 

8 (a) IN GENERAL.—The Director shall develop an effi9 cient, transparent, and flexible logistics system for pro10 curement and delivery of goods and services necessary for 

11 an effective and timely response to major disasters and 

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

13 each point throughout the logistics system. 

14 (b) SYSTEM DEVELOPMENT.—The Director shall en15 sure that the logistics system is developed through the use 

16 of in-house, private sector, and other Federal agency logis17 tics capabilities (or a combination thereof). 

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

19 shall encourage State and local governments to establish 

20 contracts with private sector vendors for disaster relief 

21 supplies in advance of major disasters and other emer22 gencies. 

23 SEC. 205. COMMUNICATIONS. 

24 (a) COMMUNICATIONS CAPABILITY.—The Director 

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1 able, and interoperable communications capability within 

2 the Agency in order to gain and retain incident manage3 ment communications in areas that have lost regular com4 munications systems during major disasters and other 

5 emergencies. 

6 (b) RECONNAISSANCE TEAMS.—The Director shall 

7 establish self-sustaining reconnaissance teams to relay in8 formation back to Agency headquarters to improve situa9 tional awareness and incident management coordination. 

10 SEC. 206. EMERGENCY EQUIPMENT ASSISTANCE. 

11 Subtitle B of title VI of the Robert T. Stafford Dis12 aster Relief and Emergency Assistance Act (42 U.S.C. 

13 5197 et seq.) is amended by adding at the end the fol14 lowing: 

15 ‘‘SEC. 630. EMERGENCY EQUIPMENT ASSISTANCE. 

16 ‘‘(a) GRANTS.—The Director shall carry out a pro17 gram to make grants to States and local governments to 

18 improve the response capabilities of the States and local 

19 governments in the event of a major disaster or other 

20 emergency. 

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

22 a State or local government under this section shall be 

23 used— 

24 ‘‘(1) to purchase or improve commercially avail25 able interoperable communications equipment that— 


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1 ‘‘(A) complies with, where applicable, na2 tional voluntary consensus standards; 

3 ‘‘(B) facilitates operability, interoper4 ability, coordination, and integration between 

5 and among emergency communications systems 

6 (including satellite phone and satellite commu7 nications equipment); and 

8 ‘‘(C) ensures that first responders, govern9 ment officials, and emergency personnel are 

10 able to adequately and effectively communicate 

11 with each other in the event of a major disaster 

12 or other emergency; 

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

14 emergency power; and 

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

16 personnel on how best to use effectively such equip17 ment. 

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

19 seeking a grant under this section shall submit to the Di20 rector an application at such time, in such manner, and 

21 accompanied by such information as the Director may re22 quire. 

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

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1 ance with respect to the procurement, installation, and use 

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

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

4 the Director shall ensure the coordination with other 

5 emergency equipment assistance grant programs. 

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

7 is authorized to be appropriated to carry out this section 

8 $200,000,000 for each of fiscal years 2006, 2007, and 

9 2008. Such sums shall remain available until expended.’’. 

10 SEC. 207. OVERSIGHT AND ACCOUNTABILITY OF FEDERAL 

11 DISASTER EXPENDITURES. 

12 (a) PURPOSE.—The purposes of this section is to en13 sure that Federal agencies exercise sufficient stewardship 

14 over the funds provided to the agencies through Agency 

15 mission assignments for disaster response, relief, and re16 covery activities by requiring and funding management 

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

18 to detect and pursue prosecution of fraud so that tax19 payers’ interests are fully protected. 

20 (b) AUTHORITY OF DIRECTOR TO DESIGNATE FUNDS

21 FOR OVERSIGHT ACTIVITIES.—The Director may des22 ignate up to one percent of the final value of mission as23 signments provided to Federal agencies to be used by the 

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1 ment process. Such funds shall remain available until ex2 pended. 

3 (c) USE OF FUNDS.— 

4 (1) TYPES OF OVERSIGHT ACTIVITIES.—Over5 sight funds may be used for the following types of 

6 oversight activities related to Agency mission assign7 ments: 

8 (A) Monitoring, tracking, and auditing ex9 penditures of funds. 

10 (B) Ensuring that sufficient management 

11 and internal control mechanisms are available 

12 so that Agency funds are spent appropriately 

13 and in accordance with all applicable laws and 

14 regulations. 

15 (C) Reviewing selected contracts and other 

16 activities. 

17 (D) Investigating allegations of fraud in18 volving Agency funds. 

19 (E) Conducting and participating in fraud 

20 prevention activities with other Federal, State, 

21 and local government personnel and contrac22 tors. 

23 (2) OTHER MISSION ASSIGNMENTS.—Oversight 

24 funds may be expended for oversight activities re25 lated to a disaster mission assignment other than 


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1 the mission assignment for which the funds were ini2 tially provided. 

3 (3) PROGRESS REPORTS.—Oversight funds may 

4 be used to produce progress reports required under 

5 subsection (e). 

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

7 funds may not be used to finance existing and inherent 

8 agency oversight responsibilities related to direct agency 

9 appropriations used for disaster response, relief, and re10 covery activities. 

11 (e) FEDERAL DISASTER ASSISTANCE ACCOUNT12 ABILITY REPORTS.—A Federal agency receiving oversight 

13 funds under this section shall submit annually to the Di14 rector and the appropriate committees of Congress a con15 solidated report regarding the use of such funds, including 

16 information summarizing oversight activities and the re17 sults achieved. 

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

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

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

21 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’’. 

Æ 


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