128 
eral agencies and the Task Force 
established under section 707(a), 
shall develop, promulgate, and 
update as necessary national vol-
untary consensus standards for 
first responder equipment for use 
in the field. In developing such 
standards, the Director shall— 
‘‘(I) ensure that the stand-
ards encourage and support 
nationwide 
interoperability 
and operability of equipment 
and other capabilities con-
sistent 
with 
the 
national 
emergency preparedness goal, 
including 
the 
safety 
and 
health of first responders; 
‘‘(II) to the maximum ex-
tent practicable, ensure that 
the standards are consistent 
with any existing voluntary 
consensus standards; 
‘‘(III) to the maximum ex-
tent practicable, ensure that 
the 
standards 
use 
tech-
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nologies already certified by 
other Federal agencies of the 
United States; 
‘‘(IV) take into account, as 
appropriate, threats that may 
not have been contemplated 
when such existing standards 
were developed; and 
‘‘(V) focus on maximizing 
interoperability, 
operability, 
interchangeability, durability, 
flexibility, efficiency, efficacy, 
portability, sustainability, and 
safety of equipment. 
‘‘(ii) DEADLINE.—Not later than 
180 days after the date of enact-
ment of the Restoring Emergency 
Services to Protect Our Nation 
From Disasters Act of 2006, the 
Director shall promulgate stand-
ards under this subparagraph. 
‘‘(B) CONSULTATION
WITH
STAND-
ARDS
ORGANIZATIONS.—Before issuing 
standards, the Director shall also con-
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sult with relevant public and private 
sector standards organizations. 
‘‘(4) TRAINING AND EXERCISES.— 
‘‘(A) PROGRAM.—Not later than 180 
days after the date of enactment of 
the Restoring Emergency Services to 
Protect Our Nation From Disasters 
Act of 2006, the Director, in coordina-
tion with the heads of other appro-
priate Federal agencies, including the 
National Council on Disability, and 
the Task Force established under sec-
tion 707(a), shall establish and main-
tain a comprehensive training pro-
gram for all levels of government to 
implement the national emergency 
preparedness goal, national incident 
management system, and national re-
sponse plan. 
‘‘(B) 
TRAINING
STANDARDS.—The 
Director shall develop and update as 
necessary, national voluntary con-
sensus standards for the training pro-
gram 
established 
under 
subpara-
graph (A). 
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131 
‘‘(C) EXERCISES.—The Director, in 
coordination with the heads of other 
appropriate Federal agencies and the 
Task Force established under section 
707(a), shall establish and maintain a 
program, including risk-based sce-
narios that stress the emergency 
management 
system, 
to 
conduct 
emergency preparedness-related ex-
ercises that reinforce identified train-
ing standards, provide for evaluation 
of emergency preparedness, and sup-
port the national emergency pre-
paredness 
goal, 
national 
incident 
management system, and national re-
sponse plan. 
‘‘(5) COMPREHENSIVE
ASSESSMENT
SYS-
TEM.— 
‘‘(A) ESTABLISHMENT.—The Direc-
tor, in coordination with the National 
Council on Disability and the Task 
Force 
established 
under 
section 
707(a), shall establish a comprehen-
sive system to assess on an ongoing 
basis, the Nation’s overall emergency 
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132 
preparedness, including operational 
readiness. 
‘‘(B) PERFORMANCE
METRICS
AND 
MEASURES.—The Director shall ensure 
that each component of the national 
emergency preparedness system, na-
tional incident management system, 
and national response plan is devel-
oped with clear and quantifiable per-
formance metrics, measures, and out-
comes. 
‘‘(C) CONTENTS.—The assessment 
system established under subpara-
graph (A) shall assess— 
‘‘(i) compliance with the na-
tional 
emergency 
preparedness 
system, national incident manage-
ment system, and national re-
sponse plan to achieve a con-
sistent 
approach 
to 
national 
emergency preparedness and re-
sponse; 
‘‘(ii) capability levels at the 
time of assessment against target 
capability levels defined pursuant 
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133 
to 
the 
guidelines 
established 
under paragraph (2)(A); 
‘‘(iii) resource needs to meet 
the desired target capability lev-
els defined pursuant to the guide-
lines 
established 
under 
para-
graph (2)(A); and 
‘‘(iv) performance of training, 
exercises, and operations. 
‘‘(6) BEST PRACTICES, AFTER ACTION RE-
VIEWS, AND REMEDIAL ACTION PROGRAM.— 
‘‘(A) IN GENERAL.—The Director, in 
coordination with the National Coun-
cil on Disability and the Task Force 
established under section 707(a), shall 
establish a system for identifying best 
practices and conducting after action 
reviews of incidents and exercises. 
‘‘(B) REMEDIAL ACTION.—The Direc-
tor, in coordination with the National 
Council on Disability and the Task 
Force 
established 
under 
section 
707(a), shall ensure through a reme-
dial action program that the best 
practices and after action reviews 
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identified under subparagraph (A) 
are used to revise and update the na-
tional emergency preparedness sys-
tem, national incident management 
system, and national response plan 
on a continual basis. 
‘‘(7) FEDERAL RESPONSE CAPABILITY IN-
VENTORY.— 
‘‘(A) IN GENERAL.—Not later than 
180 days after the date of enactment 
of the Restoring Emergency Services 
to Protect Our Nation From Disasters 
Act of 2006, the Director, in coordina-
tion with the heads of other appro-
priate Federal agencies, shall develop 
and maintain a Federal response ca-
pability inventory that includes the 
performance parameters of the capa-
bility, the timeframe within which 
the capability can be brought to bear 
on an incident, and the readiness of 
such capability to respond to all haz-
ards, including major disasters and 
other emergencies. 
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‘‘(B) DEPARTMENT
OF
DEFENSE.— 
The Director, in coordination with 
the Secretary of Defense, shall de-
velop a list of organizations and func-
tions within the Department of De-
fense that may be used, pursuant to 
the authority provided under sections 
402, 403, and 502 of this Act, to pro-
vide support to civil authorities dur-
ing major disasters and other emer-
gencies. 
‘‘(8) REPORTING REQUIREMENTS.— 
‘‘(A) 
FEDERAL
EMERGENCY
PRE-
PAREDNESS REPORT.— 
‘‘(i) IN
GENERAL.—Not later 
than 12 months after the date of 
enactment of the Restoring Emer-
gency Services to Protect Our Na-
tion From Disasters Act of 2006, 
and annually thereafter, the Di-
rector, in coordination with the 
heads of other appropriate Fed-
eral agencies, shall submit to the 
Committee on Transportation and 
Infrastructure of the House of 
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136 
Representatives and the Com-
mittee on Homeland Security and 
Governmental Affairs of the Sen-
ate a report on the Nation’s level 
of emergency preparedness. 
‘‘(ii) CONTENTS.—Each report 
shall include— 
‘‘(I) an assessment of how 
Federal emergency prepared-
ness assistance supports the 
national emergency prepared-
ness system; 
‘‘(II) 
an 
assessment 
of 
compliance with the national 
emergency preparedness sys-
tem, national incident man-
agement system, and national 
response plan; 
‘‘(III) 
an 
assessment 
of 
current Federal and State ca-
pability levels and a descrip-
tion of target capability levels 
defined pursuant to the guide-
lines established under para-
graph (2)(A); 
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137 
‘‘(IV) 
an 
assessment 
of 
performance of training, exer-
cises, and operations; 
‘‘(V) information on the 
use of mutual aid agreements; 
‘‘(VI) a review of the in-
ventory described in para-
graph (7)(A); and 
‘‘(VII) an assessment of re-
source needs to meet target 
capability levels defined pur-
suant to the guidelines estab-
lished under paragraph (2)(A), 
including— 
‘‘(aa) an estimate of 
the amount of Federal, 
State, and local expendi-
tures required to attain 
the target capability lev-
els; and 
‘‘(bb) 
the 
extent 
to 
which 
target 
capability 
levels were created or en-
hanced as the result of 
using covered grant funds 
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138 
during the preceding fis-
cal year. 
‘‘(B) STATE EMERGENCY PREPARED-
NESS REPORT.— 
‘‘(i) IN
GENERAL.—Not later 
than 15 months after the date of 
enactment of the Restoring Emer-
gency Services to Protect Our Na-
tion From Disasters Act of 2006, 
and annually thereafter, a State 
receiving a covered grant shall 
submit a report to the Director on 
the State’s level of emergency 
preparedness. 
‘‘(ii) CONTENTS.—Each report 
shall include— 
‘‘(I) an assessment of State 
compliance with the national 
emergency preparedness sys-
tem, national incident man-
agement system, and national 
response plan; 
‘‘(II) an assessment of cur-
rent capability levels and a 
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139 
description of target capa-
bility levels; 
‘‘(III) 
an 
assessment 
of 
State performance of training, 
exercises, and operations; 
‘‘(IV) information on the 
use of mutual aid agreements; 
‘‘(V) information on the 
distribution by the State of 
the guidelines established by 
paragraph (2)(A) to local gov-
ernments within its jurisdic-
tion; and 
‘‘(VI) an assessment of re-
source needs to meet target 
capability levels defined pur-
suant to the guidelines estab-
lished under paragraph (2)(A), 
including— 
‘‘(aa) an estimate of 
the amount of expendi-
tures required to attain 
the target capability lev-
els; and 
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‘‘(bb) 
the 
extent 
to 
which 
target 
capability 
levels were created or en-
hanced as the result of 
using covered grant funds 
during the preceding fis-
cal year. 
‘‘(C) USE
OF
QUANTIFIABLE
PER-
FORMANCE MEASUREMENTS.—To the ex-
tent practicable, each report shall be 
based on quantifiable performance 
measurements. 
‘‘SEC. 704. NATIONAL INCIDENT MANAGEMENT SYSTEM. 
‘‘(a) NATIONAL INCIDENT MANAGEMENT SYS-
TEM.—There is hereby established a national 
incident management system that encom-
passes a single, comprehensive approach to 
domestic incident management to ensure that 
all levels of government across the Nation 
have the capability to work efficiently and ef-
fectively together by using a consistent ap-
proach to domestic incident management for 
all hazards, including major disasters and 
other emergencies. 
‘‘(b) RESPONSIBILITIES OF DIRECTOR.— 
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‘‘(1) RESPONSIBILITY FOR SYSTEM.—The 
Director shall be responsible for all as-
pects of the national incident manage-
ment system, including completing, im-
plementing, maintaining, and revising 
the system. 
‘‘(2) COORDINATION
OF
SYSTEM.—The 
Director shall coordinate with the heads 
of other appropriate Federal agencies in 
revising the system. 
‘‘SEC. 705. NATIONAL RESPONSE PLAN. 
‘‘(a) RESPONSIBILITIES OF DIRECTOR.— 
‘‘(1) RESPONSIBILITY
FOR
PLAN.—The 
Director shall be responsible for all as-
pects of the national response plan, in-
cluding completing, implementing, main-
taining, and revising the plan. 
‘‘(2) COORDINATION OF PLAN.—The Di-
rector shall coordinate with the heads of 
other appropriate Federal agencies, in-
cluding the National Council on Dis-
ability, in revising the plan. 
‘‘(b) INITIAL REVIEW AND REVISION OF RE-
SPONSE PLAN.— 
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‘‘(1) 
IN
GENERAL.—Not 
later 
than 
March 1, 2007, the Director shall, in co-
ordination with the heads of other appro-
priate Federal agencies, including the 
National Council on Disability, and the 
Task Force established under section 
707(a), complete a comprehensive review 
of the national response plan for the pur-
pose of identifying areas for revision. 
‘‘(2) REVIEW
AND
REVISE.—As part of 
the review, the Director shall review and 
revise the national response plan— 
‘‘(A) to ensure integration and 
consistency with the national inci-
dent management system; 
‘‘(B) to establish a protocol for a 
proactive Federal response in sup-
port of a State to a catastrophic dis-
aster with or without warning; and 
‘‘(C) to clarify the role of who is in 
charge of the Federal disaster re-
sponse. 
‘‘(c) MISSION ASSIGNMENTS.—To expedite 
the provision of assistance under the national 
response plan, the Director, in coordination 
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143 
with the heads of other appropriate Federal 
agencies and the Task Force established 
under 
section 
707(a), 
shall 
develop 
prescripted mission assignments for logistics, 
communications, mass care, health services, 
and public safety. 
‘‘SEC. 706. FEDERAL EMERGENCY PREPAREDNESS. 
‘‘(a) AGENCY RESPONSIBILITY.—In support 
of the national emergency preparedness sys-
tem established under this title, the President 
shall ensure that each Federal agency with re-
sponsibility for responding to major disasters 
and other emergencies shall— 
‘‘(1) have the operational capability, 
including the personnel to make and 
communicate 
decisions, 
organizational 
structures that are assigned, trained, and 
exercised for their missions, sufficient 
physical resources, and the command, 
control, and communication channels to 
make, monitor, and communicate deci-
sions to meet the national emergency 
preparedness goal; 
‘‘(2) have the operational command 
and control structures that comply with 
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144 
the national incident management sys-
tem; 
‘‘(3) develop, in support of crisis oper-
ational capability, a deliberate planning 
capability, including plans, personnel, 
and training; and 
‘‘(4) develop, train, and exercise ros-
ters of disaster response personnel to be 
deployed when the organization is called 
upon to support a Federal response. 
‘‘(b) CONSTRUCTION.—Nothing in this sec-
tion shall limit the authority of the Secretary 
of Defense with regard to the command and 
control, training, planning, equipment, exer-
cises, or employment of Department of De-
fense forces, or the allocation of Department 
of Defense resources. 
‘‘SEC. 707. NATIONAL EMERGENCY PREPAREDNESS TASK 
FORCE. 
‘‘(a) ESTABLISHMENT.—The Director shall 
establish a National Emergency Preparedness 
Task Force (referred to in this section as the 
‘Task Force’) to ensure effective and ongoing 
coordination of Federal emergency prepared-
ness, response, recovery, and mitigation ef-
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forts for all hazards that incorporates State 
and local government and private sector 
input in the development and revision of the 
national emergency preparedness goal, the 
national emergency preparedness system, na-
tional incident management system, and na-
tional response plan. 
‘‘(b) MEMBERSHIP.— 
‘‘(1) IN
GENERAL.—The Task Force 
shall consist of members appointed by 
the Director from among representatives 
of— 
‘‘(A) national organizations rep-
resenting State and local govern-
ments; 
‘‘(B) national, State, and local 
emergency 
management 
organiza-
tions; and 
‘‘(C) national, State, and local 
emergency 
response 
organizations, 
including 
governmental 
and 
non-
governmental organizations. 
‘‘(2) REPRESENTATION.—To the extent 
practicable, Task Force members shall 
represent— 
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146 
‘‘(A) geographically diverse areas 
(including urban and rural); 
‘‘(B) State and local elected offi-
cials; 
‘‘(C) national, State, and local 
emergency management professional 
organizations; and 
‘‘(D) individuals involved in a 
cross section of emergency response 
disciplines and professions, including 
as appropriate fire service and law 
enforcement, hazardous materials re-
sponse, emergency medical services, 
public works personnel routinely en-
gaged in emergency response, health 
professionals, and organizations with 
expertise in accrediting and estab-
lishing standards for emergency man-
agement services. 
‘‘(3) CONSULTATION WITH THE DEPART-
MENT OF HEALTH AND HUMAN SERVICES.—In 
the selection of members of the Task 
Force who are health professionals, in-
cluding emergency medical professionals, 
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147 
the Director shall consult with the Sec-
retary of Health and Human Services. 
‘‘(4) EX OFFICIO MEMBERS.—The Direc-
tor shall designate one or more officers 
from the Federal Emergency Manage-
ment Agency to serve as an ex officio 
member of the Task Force. 
‘‘SEC. 708. NATIONAL INCIDENT MANAGEMENT SYSTEM 
AND NATIONAL RESPONSE PLAN INTEGRA-
TION CENTER. 
‘‘(a) IN GENERAL.—In order to carry out 
the duties of the Director related to the Na-
tional Incident Management System and Na-
tional Response Plan, there is established a 
National Incident Management System and 
National Response Plan Integration Center. 
‘‘(b) RESPONSIBILITIES.—The head of the 
Center shall establish a system to ensure com-
pletion, implementation, maintenance, and 
revision of the National Incident Management 
System and the National Response Plan and 
perform such other duties as the Director 
may require. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 
There is authorized to be appropriated to 
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carry out this section $30,000,000 for fiscal 
year 2007, $32,000,000 for fiscal year 2008, and 
$34,000,000 for fiscal year 2009. Such sums 
shall remain available until expended. 
‘‘SEC. 709. AUTHORIZATION. 
‘‘(a) IN GENERAL.—The Director is author-
ized to make grants to any State or local gov-
ernment for the purpose of carrying out this 
title. 
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— 
There are authorized to be appropriated to 
carry out this section such sums as are nec-
essary for the Director to assist State and 
local governments to meet requirements 
under this title.’’. 
(b) CONFORMING
AMENDMENT.—The first 
sentence of section 601 of such Act (42 U.S.C. 
5195) is amended by inserting ‘‘and title VII’’ 
after ‘‘this title’’. 
SEC. 302. EMERGENCY MANAGEMENT ASSISTANCE COM-
PACT GRANTS. 
(a) IN GENERAL.—The Director may make 
grants to administer the Emergency Manage-
ment Assistance Compact authorized by Pub-
lic Law 104–321. 
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149 
(b) USES.—A grant under this section shall 
be used— 
(1) to carry out recommendations 
identified in the emergency management 
assistance compact after-action reports 
for the 2004 and 2005 hurricane season; 
(2) to administer compact operations 
on behalf of all member States and terri-
tories; 
(3) to continue coordination with the 
Agency and other appropriate Federal 
agencies; and 
(4) to continue coordination with 
State and local government entities and 
their respective national organizations. 
(c) AUTHORIZATION.—There is authorized 
to be appropriated to carry out this section 
$4,000,000 for each of fiscal years 2007, 2008, 
and 2009. Such sums shall remain available 
until expended. 
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Union Calendar No. 434 
109TH CONGRESS 
2D SESSION 
H. R. 5316 
[Report No. 109–519, Parts I and II] 
A BILL 
To reestablish the Federal Emergency Management 
Agency as a cabinet-level independent establish-
ment 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. 
DECEMBER 8, 2006 
Reported from the Committee on Transportation and 
Infrastructure with an amendment 
DECEMBER 8, 2006 
Referral to the Committee on Homeland Security ex-
tended for a period ending not later than December 8, 
2006 
DECEMBER 8, 2006 
Referred to the Committee on Science for a period ending 
not later than December 8, 2006, for consideration of 
such provisions of the bill and amendments as fall 
within the jurisdiction of that committee pursuant to 
clause 1(o), rule X 
DECEMBER 8, 2006 
Committees on Homeland Security and Science dis-
charged; committed to the Committee of the Whole 
House on the State of the Union and ordered to be 
printed 
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