I 
109TH CONGRESS 
2D SESSION 
H. R. 5759 
To amend the Homeland Security Act of 2002 to establish a Directorate 
of Emergency Management, to prevent waste, fraud, and abuse in the 
Directorate, to codify certain existing functions of the Department of 
Homeland Security, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 11, 2006 
Ms. HARRIS introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittees on Homeland Security, Energy and Commerce, International Re-
lations, Judiciary, and House Administration, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Homeland Security Act of 2002 to establish 
a Directorate of Emergency Management, to prevent 
waste, fraud, and abuse in the Directorate, to codify 
certain existing functions of the Department of Home-
land Security, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Foundations for Emergency Management Act’’ or the 
‘‘FEMA Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—EMERGENCY MANAGEMENT 
Sec. 101. Directorate of Emergency Management. 
Sec. 102. Disaster Response Group. 
Sec. 103. Streamlined deputation of qualified Federal law enforcement officers. 
Sec. 104. International assistance for domestic catastrophic incidents. 
Sec. 105. Gulf Coast Long-Term Recovery Office. 
Sec. 106. National Disaster Medical System. 
Sec. 107. Office of Interoperability and Compatibility. 
Sec. 108. Intelligence analysts. 
Sec. 109. Redesignation of Directorate for Information Analysis and Infrastruc-
ture Protection. 
Sec. 110. National Academy of Public Administration study on implementation 
of organizational reforms. 
Sec. 111. GAO reports on an inventory and status of homeland security train-
ing. 
Sec. 112. Grants for training and exercises to assist public elementary and sec-
ondary schools. 
Sec. 113. Sense of Congress on the Project 25 conformity assessment project. 
Sec. 114. National pandemic influenza exercise. 
Sec. 115. Public-private sector planning and response pilot program. 
Sec. 116. Emergency Management Performance Grants. 
Sec. 117. Hurricane exercise. 
Sec. 118. Definitions. 
Sec. 119. Conforming amendments. 
TITLE II—FRAUD, WASTE, AND ABUSE PREVENTION 
Sec. 201. Fraud, waste, and abuse controls; fraud prevention training program. 
Sec. 202. Assessment and report regarding utilization of Independent Private 
Sector Inspectors General. 
Sec. 203. Enhanced accountability for Federal assistance. 
Sec. 204. Enhanced information sharing among Federal agencies to prevent 
fraud, waste, and abuse. 
Sec. 205. Deputy Inspector General for Response and Recovery. 
Sec. 206. Protection of Department of Homeland Security official seal and in-
signia. 
TITLE III—AMENDMENTS TO DISASTER RELIEF AND 
EMERGENCY ASSISTANCE PROGRAM 
Sec. 301. Definitions. 
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Sec. 302. State disaster preparedness programs. 
Sec. 303. Standards and reviews. 
Sec. 304. Penalty for misuse of funds. 
Sec. 305. Advance of non-Federal share. 
Sec. 306. Mitigation planning. 
Sec. 307. Procedure for declaration of major disasters. 
Sec. 308. Essential assistance. 
Sec. 309. Temporary housing assistance. 
Sec. 310. Procedure for declaration of emergencies. 
TITLE IV—GOOD SAMARITAN LIABILITY IMPROVEMENT AND 
VOLUNTEER ENCOURAGEMENT 
Sec. 401. Short title. 
Sec. 402. Findings. 
Subtitle A—Disaster Relief Volunteer Protection 
Sec. 411. Definitions. 
Sec. 412. Liability of disaster relief volunteers. 
Sec. 413. Liability of employer or partner of disaster relief volunteer. 
Sec. 414. Liability of host or enabling person, entity, or organization. 
Sec. 415. Liability of governmental and intergovernmental entities for dona-
tions of disaster relief goods. 
Sec. 416. Limitation on punitive and non-economic damages based on actions 
of disaster relief volunteers and governmental or intergovern-
mental donors. 
Sec. 417. Judicial review of allegations. 
Sec. 418. Supplemental declaration. 
Sec. 419. Election of State regarding nonapplicability. 
Sec. 420. Construction. 
Subtitle B—Volunteer Protection Improvements 
Sec. 441. Definitions. 
Sec. 442. Liability protection for actions of volunteers generally. 
Sec. 443. Charitable donations liability reform for in-kind contributions. 
TITLE V—DISASTER RECOVERY PERSONAL PROTECTION 
Sec. 501. Short title. 
Sec. 502. Findings. 
Sec. 503. Prohibition on confiscation of firearms during certain national emer-
gencies. 
TITLE VI—HURRICANE ELECTION RELIEF 
Sec. 601. Short title. 
Sec. 602. Grants to States for restoring and replacing election administration 
supplies, materials, records, equipment, and technology which 
were damaged, destroyed, or dislocated by Hurricanes Katrina 
or Rita. 
Sec. 603. Authorization of appropriations. 
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TITLE I—EMERGENCY 
MANAGEMENT 
SEC. 101. DIRECTORATE OF EMERGENCY MANAGEMENT. 
(a) ESTABLISHMENT.—Title V of the Homeland Se-
curity Act of 2002 (6 U.S.C. 311 et seq.) is amended to 
read as follows: 
‘‘TITLE V—EMERGENCY 
MANAGEMENT 
‘‘Subtitle A—Directorate of 
Emergency Management 
‘‘SEC. 501. DIRECTORATE OF EMERGENCY MANAGEMENT. 
‘‘(a) UNDER SECRETARY FOR EMERGENCY MANAGE-
MENT.— 
‘‘(1) IN GENERAL.—There is in the Department 
a Directorate of Emergency Management. The head 
of the Directorate is the Under Secretary for Emer-
gency Management, who shall be appointed by the 
President, by and with the advice and consent of the 
Senate. 
‘‘(2) QUALIFICATIONS.—The individual ap-
pointed as Under Secretary shall possess a dem-
onstrated ability in and knowledge of emergency 
management and homeland security. 
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‘‘(3) RESPONSIBILITIES.—The Under Secretary 
shall assist the Secretary in discharging the respon-
sibilities under section 502. 
‘‘(b) DEPUTY UNDER SECRETARY FOR EMERGENCY 
PREPAREDNESS AND MITIGATION.— 
‘‘(1) IN GENERAL.—There is in the Department 
a Deputy Under Secretary for Emergency Prepared-
ness and Mitigation, who shall be appointed by the 
President, by and with the advice and consent of the 
Senate. 
‘‘(2) QUALIFICATIONS.—The individual ap-
pointed as Deputy Under Secretary shall possess a 
demonstrated ability in and knowledge of emergency 
preparedness and mitigation. 
‘‘(3) RESPONSIBILITIES.—The Deputy Under 
Secretary for Emergency Preparedness and Mitiga-
tion shall assist the Under Secretary for Emergency 
Management in discharging the responsibilities of 
the Under Secretary. 
‘‘(c) DEPUTY UNDER SECRETARY FOR EMERGENCY 
RESPONSE AND RECOVERY.— 
‘‘(1) IN GENERAL.—There is in the Department 
a Deputy Under Secretary for Emergency Response 
and Recovery, who shall be appointed by the Presi-
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dent, by and with the advice and consent of the Sen-
ate. 
‘‘(2) QUALIFICATIONS.—The individual ap-
pointed as Deputy Under Secretary shall possess a 
demonstrated ability in and knowledge of emergency 
response and recovery. 
‘‘(3) RESPONSIBILITIES.—The Deputy Under 
Secretary for Emergency Response and Recovery 
shall assist the Under Secretary for Emergency 
Management in discharging the responsibilities of 
the Under Secretary. 
‘‘(d) ASSISTANT SECRETARIES
FOR EMERGENCY 
MANAGEMENT.—There are in the Department the fol-
lowing Assistant Secretaries, who shall be appointed by 
the President, by and with the advice and consent of the 
Senate: 
‘‘(1) An Assistant Secretary for Grants and 
Planning, who shall report directly to the Deputy 
Under Secretary for Emergency Preparedness and 
Mitigation. 
‘‘(2) An Assistant Secretary for Training and 
Exercises, who shall report directly to the Deputy 
Under Secretary for Emergency Preparedness and 
Mitigation. 
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