I 
109TH CONGRESS 
2D SESSION 
H. R. 5316 
To reestablish the Federal Emergency Management Agency as a cabinet- 
level independent establishment in the executive branch that is respon-
sible 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 Vir-
ginia, 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 Pennsyl-
vania, 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 com-
mittee concerned 
A BILL 
To reestablish the Federal Emergency Management Agency 
as a cabinet-level independent establishment in the execu-
tive branch that is responsible for the Nation’s prepared-
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ness for, response to, recovery from, and mitigation 
against disasters, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Restoring Emergency Services to Protect Our Nation 
From Disasters Act of 2006’’ or the ‘‘RESPOND Act of 
2006’’. 
(b) TABLE OF CONTENTS.— 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Definitions. 
TITLE I—ESTABLISHMENT OF AN INDEPENDENT FEDERAL 
EMERGENCY MANAGEMENT AGENCY 
Subtitle A—Federal Emergency Management Agency 
Sec. 101. Establishment of Agency. 
Sec. 102. Responsibilities. 
Sec. 103. Director; Deputy Director. 
Sec. 104. Office of the Inspector General. 
Sec. 105. Transfer of functions. 
Sec. 106. Personnel and other transfers. 
Sec. 107. Savings provisions. 
Sec. 108. Conforming and technical amendments. 
Subtitle B—Federal Emergency Management Agency Personnel 
Sec. 121. Workforce development. 
TITLE II—STRENGTHENING THE FEDERAL EMERGENCY 
MANAGEMENT AGENCY 
Sec. 201. Catastrophic planning program. 
Sec. 202. Emergency response teams. 
Sec. 203. Emergency operations centers. 
Sec. 204. Logistics. 
Sec. 205. 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. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Hurricane Katrina struck the Gulf Coast on 
the morning of August 29, 2005, with a ferocity 
that left more than 1,300 individuals dead and al-
tered the physical and social landscape of the region 
for years to come. 
(2) Failures at all levels of government signifi-
cantly undermined and detracted from the heroic ef-
forts of emergency responders, private individuals 
and organizations, faith-based groups, and others 
who struggled to assist the people of the Gulf Coast. 
(3) Hurricane Katrina revealed that the Nation, 
in general, and the Department of Homeland Secu-
rity, in particular, are unprepared for a major nat-
ural disaster, accident, or terrorist attack. 
(4) Multiple investigations, including those by 
the select committee to investigate the preparation 
for and response to Hurricane Katrina of the House 
of Representatives, the Committee on Homeland Se-
curity and Governmental Affairs of the Senate, the 
General Accountability Office, the Inspector General 
of the Department of Homeland Security, and the 
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Homeland Security Council established by the Presi-
dent, identified the magnitude of the storm, failures 
of leadership, and a flawed disaster management 
system at all levels of government as reasons for the 
inadequate government response. 
(5) The creation of the Department of Home-
land Security placed an additional layer of manage-
ment and response authority between the President 
and the Federal Emergency Management Agency (in 
this section referred to as ‘‘FEMA’’), marginalizing 
the authority of the Director of FEMA. 
(6) During the response to Hurricane Katrina, 
the Department of Homeland Security executed im-
portant elements of the National Response Plan late, 
ineffectively, or not at all. 
(7) The competing priorities of the terrorism 
prevention mission of the Department of Homeland 
Security and the disaster management mission of 
FEMA significantly contributed to the rapid decline 
of FEMA’s capability to coordinate the Federal re-
sponse to Hurricane Katrina. 
(8) The transfer of FEMA’s preparedness 
grants and functions to other entities of the Depart-
ment of Homeland Security, FEMA’s tremendous 
loss of experienced professional personnel, and the 
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reduction of FEMA’s funding for equipment, train-
ing, and exercises made FEMA’s inadequate per-
formance in the face of a disaster the size of Hurri-
cane Katrina all but inevitable. 
(9) While some Federal departments and agen-
cies, such as the Coast Guard, performed admirably, 
others were inadequately prepared for Hurricane 
Katrina and executed their responsibilities under the 
National Response Plan poorly. 
(10) The preparedness level and capabilities of 
State and local governments to respond to Hurri-
cane Katrina varied tremendously. Some responded 
effectively while others struggled to evacuate their 
populations or conduct effective response operations. 
(11) The Federal Government has spent more 
than $15,000,000,000 on first responder grants 
since 2001, but the Nation’s core emergency man-
agement capabilities have improved little and even 
declined in some important respects. Federal home-
land security grant programs inadvertently divided 
what was once a single, all-hazards preparedness 
system into 2 artificially separate preparedness cat-
egories of terrorism and other disasters. 
(12) Comprehensive reform of the Nation’s 
emergency management system is necessary to ad-
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dress the dangers presented by major disasters and 
emergencies of all kinds. 
(13) The Nation’s emergency management sys-
tem is based on the following general principles: 
(A) Incidents are best managed at the low-
est level of government. 
(B) Federal assistance is provided in sup-
port of State governments. 
(C) Military assistance is provided in sup-
port of civil authorities. 
(14) Large disasters require presidential in-
volvement to lead the Federal response and mobilize 
the assets of the entire Federal Government, par-
ticularly Department of Defense assistance, and the 
President needs solid professional advice in pre-
paring for and responding to a disaster to make the 
right decisions. 
(15) Preparing for and responding to disasters, 
regardless of the cause, must be the top priority of 
the organization responsible for disaster manage-
ment. 
(16) The coordination of preparedness and 
planning to reduce the consequences of all hazards, 
including terrorism, is and has always been part of 
FEMA’s primary mission. 
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(17) FEMA should be reestablished as an inde-
pendent cabinet-level agency to coordinate the Fed-
eral response on behalf of the President and to lead 
the Nation’s efforts to improve the Nation’s all-haz-
ards emergency management system. 
(18) Establishing FEMA as an independent 
agency will enable the Department of Homeland Se-
curity to refocus efforts on preventing terrorism and 
free FEMA from internal competition with the ter-
rorism prevention entities of the Department for re-
sources and personnel. 
(19) The 4 elements of comprehensive emer-
gency management (preparedness, response, recov-
ery, and mitigation) must be closely integrated and 
managed within FEMA. 
(20) FEMA’s assets and capabilities to coordi-
nate the Federal response to a catastrophic disaster 
must be restored and enhanced. In particular, 
FEMA’s professional workforce and its incident 
command, communications, and logistics capabilities 
must be improved. 
(21) The tension between the Nation’s all haz-
ards emergency management system and terrorism 
preparedness must be resolved. An all-hazards ap-
proach fully addresses terrorism, but preparing for 
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terrorism alone does not address all aspects of the 
other hazards. 
(22) Governments at all levels have historically 
analyzed past disaster responses by participating in 
lessons-learned exercises, yet too often have failed to 
act upon recommendations necessary to produce a 
more effective and efficient response to future disas-
ters. 
(23) Congress should ensure the establishment 
of an all-hazards, comprehensive national emergency 
preparedness goal and system that will— 
(A) ensure a consistent approach to do-
mestic incident management; 
(B) establish target capabilities that each 
level of government should possess or to which 
it should have access; 
(C) direct resources to filling capability 
gaps and regularly assess the Nation’s pre-
paredness level; and 
(D) ensure that lessons learned and best 
practices are fully incorporated into the further 
development of the emergency preparedness 
system. 
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SEC. 3. DEFINITIONS. 
(a) IN GENERAL.—In this Act, the following defini-
tions apply: 
(1) AGENCY.—The term ‘‘Agency’’ means the 
Federal Emergency Management Agency established 
under section 101. 
(2) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Federal Emergency Management 
Agency appointed under section 103. 
(3) EMERGENCY.—The term ‘‘emergency’’ has 
the meaning given that term in section 102 of the 
Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5122). 
(4) EMERGENCY
PREPAREDNESS.—The term 
‘‘emergency preparedness’’ has the meaning given 
that term in section 602(a) of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5195a(a)). 
(5) HAZARD.—The term ‘‘hazard’’ has the 
meaning given that term in section 602(a) of the 
Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5195a(a)). 
(6) LOCAL
GOVERNMENT.—The term ‘‘local 
government’’ has the meaning given that term in 
section 102 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5122). 
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(7) MAJOR DISASTER.—The term ‘‘major dis-
aster’’ has the meaning given that term in section 
102 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5122). 
(8) MISSION ASSIGNMENT.—The term ‘‘mission 
assignment’’ means a work order issued to a Federal 
agency by the Federal Emergency Management 
Agency, directing completion by that agency of a 
specified task and setting forth funding, other mana-
gerial controls, and guidance. 
(9) STATE.—The term ‘‘State’’ has the mean-
ing given that term in section 102 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5122). 
TITLE I—ESTABLISHMENT OF AN 
INDEPENDENT 
FEDERAL 
EMERGENCY 
MANAGEMENT 
AGENCY 
Subtitle A—Federal Emergency 
Management Agency 
SEC. 101. ESTABLISHMENT OF AGENCY. 
(a) INDEPENDENT ESTABLISHMENT.—The Federal 
Emergency Management Agency is established as a cabi-
net-level independent establishment in the executive 
branch. 
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(b) MISSION.—The primary mission of the Agency is 
to reduce the loss of life and property from all hazards, 
including major disasters, acts of terrorism, and other 
emergencies, by leading and supporting the Nation in a 
risk-based, comprehensive, emergency management sys-
tem of preparedness, response, recovery, and mitigation. 
SEC. 102. RESPONSIBILITIES. 
(a) IN GENERAL.—The responsibilities of the Agency 
include the following: 
(1) All functions and authorities prescribed by 
the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5121 et seq.). 
(2) Carrying out its mission to reduce the loss 
of life and property from all hazards, including 
major disasters, acts of terrorism, and other emer-
gencies, by leading and supporting the Nation in a 
risk-based, comprehensive emergency management 
system of— 
(A) preparedness, by leading and coordi-
nating the effort to build Federal, State, and 
local emergency management capabilities and 
readiness to effectively respond to, recover 
from, and mitigate against all hazards; 
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(B) response, by leading and coordinating 
emergency operations to save lives, protect 
property, and meet basic human needs; 
(C) recovery, by rebuilding communities so 
individuals, businesses, and governments can 
function on their own, return to normal life, 
and protect against future hazards; 
(D) mitigation, by taking sustained actions 
to reduce or eliminate long-term risk to people 
and property from hazards and their effects; 
and 
(E) increased efficiencies, by coordinating 
efforts relating to preparedness, response, re-
covery, and mitigation. 
(3) Leading the Federal Government’s con-
tinuity of operations programs by— 
(A) formulating guidance and establishing 
common standards for the Federal Government 
to use in developing viable, executable con-
tinuity of operations plans; 
(B) facilitating interagency coordination, 
as appropriate; and 
(C) overseeing and assessing the status of 
continuity of operations capabilities within the 
Federal Government. 
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(b) NATIONAL RESPONSE PLAN.— 
(1) ROLE
OF
FEMA.—Notwithstanding any 
other provision of law, the Agency shall be the lead 
agency for the National Response Plan. 
(2) REVISION OF RESPONSE PLAN.—Not later 
than 30 days after the date of enactment of this 
Act, the Director shall revise the National Response 
Plan to reflect the establishment of and incorporate 
the Agency as an independent establishment under 
this Act. 
SEC. 103. DIRECTOR; DEPUTY DIRECTOR. 
(a) DIRECTOR.— 
(1) IN GENERAL.—The Agency shall be headed 
by a Director, who shall be appointed by the Presi-
dent, by and with the advice and consent of the Sen-
ate, and who shall report directly to the President. 
The Director shall be compensated at the rate pro-
vided for at level I of the Executive Schedule under 
section 5312 of title 5, United States Code. 
(2) QUALIFICATIONS.—The Director shall be 
appointed from among individuals who have exten-
sive experience in emergency preparedness, response, 
recovery, and mitigation for all hazards, including 
major disasters, acts of terrorism, and other emer-
gencies. 
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(3) TERM OF OFFICE.—The term of office of an 
individual appointed as the Director shall be 5 years. 
Such individual may be appointed in accordance 
with paragraph (1) for an additional term of 5 
years. 
(4) CONFORMING AMENDMENT.—Section 5312 
of title 5, United States Code, is amended by adding 
at the end the following: 
‘‘ Director of the Federal Emergency Manage-
ment Agency.’’. 
(b) DEPUTY DIRECTOR.— 
(1) IN GENERAL.—The Agency shall have one 
Deputy Director appointed in the competitive service 
by the Director. 
(2) QUALIFICATIONS.—The Deputy Director 
shall be appointed from among individuals who have 
extensive experience in emergency preparedness, re-
sponse, recovery, and mitigation for all hazards, in-
cluding major disasters, acts of terrorism, and other 
emergencies. 
(3) DUTIES.—The Deputy Director shall— 
(A) carry out duties and powers prescribed 
by the Director; and 
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(B) act for the Director when the Director 
is absent or unable to serve or when the posi-
tion of the Director is vacant. 
SEC. 104. OFFICE OF THE INSPECTOR GENERAL. 
The Agency shall have an office of the Inspector Gen-
eral, headed by an Inspector General, in accordance with 
the Inspector General Act of 1978 (Public Law 95–452; 
5 U.S.C. App.). 
SEC. 105. TRANSFER OF FUNCTIONS. 
(a) IN GENERAL.—There shall be transferred to the 
Director— 
(1) the functions of the Department of Home-
land Security relating to the Federal Emergency 
Management Agency, including the functions of the 
Department under sections 430(c)(3), 430(c)(8), 
502 (other than paragraph (2)), and 503(1) of the 
Homeland Security Act of 2002 (6 U.S.C. 238(c)(3), 
238(c)(8), 312, 313(1)); 
(2) other functions of the Directorate for Pre-
paredness of the Department (other than those func-
tions relating to law enforcement efforts to prevent 
and deter acts of terrorism, protect critical infra-
structure, and conduct intelligence activities); and 
(3) the functions relating to the Agency under 
any other law, including— 
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(A) the National Flood Insurance Act of 
1968 (42 U.S.C. 4001 et seq.); 
(B) the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 
et seq.); 
(C) the Earthquake Hazards Reduction 
Act of 1977 (42 U.S.C. 7701 et seq.); 
(D) the National Dam Safety Program Act 
(33 U.S.C. 467 et seq.); 
(E) the Federal Fire Prevention and Con-
trol Act of 1974 (15 U.S.C. 2201 et seq.); and 
(F) Reorganization Plan No. 3 of 1978 (5 
U.S.C. App.). 
(b) TRANSITION PERIOD.—The transfers under this 
section shall be carried not later than February 1, 2007. 
During the transition period, the Secretary of Homeland 
Security shall provide to the Director such assistance, in-
cluding the use of personnel and assets, as the Director 
may request in preparing for the transfer. 
(c) TRANSITION.—The Director may use— 
(1) the services of such officers, employees, and 
other personnel of the Agency with respect to func-
tions transferred by this section; and 
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