with expertise in accrediting and establishing 
standards for emergency management services. 
‘‘(3) CONSULTATION WITH THE DEPARTMENT 
OF HEALTH AND HUMAN SERVICES.—In the selec-
tion of members of the Task Force who are health 
professionals, including emergency medical profes-
sionals, the Director shall consult with the Secretary 
of Health and Human Services. 
‘‘(4)
EX
OFFICIO
MEMBERS.—The
Director 
shall designate one or more officers from the Fed-
eral Emergency Management Agency to serve as an 
ex officio member of the Task Force. 
‘‘SEC. 708. AUTHORIZATION. 
‘‘(a) IN GENERAL.—The Director is authorized to 
make grants to any State or local government for the pur-
pose of carrying out this title. 
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as are necessary for the Director to assist State 
and local governments to meet requirements under this 
title.’’. 
(b)
CONFORMING
AMENDMENT.—Section
601
is 
amended by inserting ‘‘and title VII’’ after ‘‘this title’’. 
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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. Prepositioned equipment program. 
Sec. 206. Communications. 
Sec. 207. Emergency equipment assistance. 
Sec. 208. Oversight and accountability of Federal disaster ex-
penditures. 
Sec. 209. Nondiscrimination in disaster assistance with respect 
to English proficiency. 
TITLE III—COMPREHENSIVE EMERGENCY PREPAREDNESS 
SYSTEM 
Sec. 301. National emergency preparedness. 
Sec. 302. Emergency management assistance compact grants. 
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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 altered the physical 
and social landscape of the region for 
years to come. 
(2) Failures at all levels of govern-
ment significantly undermined and de-
tracted from the heroic efforts of emer-
gency 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 Depart-
ment of Homeland Security, in particular, 
are unprepared for a major natural dis-
aster, accident, or terrorist attack. 
(4) Multiple investigations, including 
those by the select committee to inves-
tigate the preparation for and response 
to Hurricane Katrina of the House of 
Representatives, 
the 
Committee 
on 
Homeland Security and Governmental Af-
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fairs of the Senate, the General Account-
ability Office, the Inspector General of 
the Department of Homeland Security, 
and the Homeland Security Council es-
tablished by the President, identified the 
magnitude of the storm, failures of lead-
ership, and a flawed disaster manage-
ment system at all levels of government 
as reasons for the inadequate govern-
ment response. 
(5) The creation of the Department of 
Homeland Security placed an additional 
layer of management and response au-
thority between the President and the 
Federal Emergency Management Agency 
(in this section referred to as ‘‘FEMA’’), 
marginalizing the authority of the Direc-
tor of FEMA. 
(6) During the response to Hurricane 
Katrina, the Department of Homeland Se-
curity executed important elements of 
the National Response Plan late, ineffec-
tively, or not at all. 
(7) The competing priorities of the 
terrorism prevention mission of the De-
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partment of Homeland Security and the 
disaster management mission of FEMA 
significantly contributed to the rapid de-
cline of FEMA’s capability to coordinate 
the 
Federal 
response 
to 
Hurricane 
Katrina. 
(8) The transfer of FEMA’s prepared-
ness grants and functions to other enti-
ties of the Department of Homeland Secu-
rity, FEMA’s tremendous loss of experi-
enced professional personnel, and the re-
duction of FEMA’s funding for equip-
ment, 
training, 
and 
exercises 
made 
FEMA’s inadequate performance in the 
face of a disaster the size of Hurricane 
Katrina all but inevitable. 
(9) While some Federal departments 
and agencies, such as the Coast Guard, 
performed admirably, others were inad-
equately prepared for Hurricane Katrina 
and executed their responsibilities under 
the National Response Plan poorly. 
(10) The preparedness level and capa-
bilities of State and local governments to 
respond to Hurricane Katrina varied tre-
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mendously. 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 Na-
tion’s core emergency management capa-
bilities have improved little and even de-
clined in some important respects. Fed-
eral homeland security grant programs 
inadvertently divided what was once a 
single, all-hazards preparedness system 
into 2 artificially separate preparedness 
categories of terrorism and other disas-
ters. 
(12) Comprehensive reform of the Na-
tion’s emergency management system is 
necessary to address the dangers pre-
sented by major disasters and emer-
gencies of all kinds. 
(13) The Nation’s emergency manage-
ment system is based on the following 
general principles: 
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(A) Incidents are best managed by 
the level of government closest to the 
incident. 
(B) Federal assistance is provided 
in support of State governments. 
(C) Military assistance is pro-
vided in support of civil authorities. 
(14) Large disasters require presi-
dential involvement to lead the Federal 
response and mobilize the assets of the 
entire Federal Government, particularly 
Department of Defense assistance, and 
the President needs solid professional ad-
vice in preparing 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 re-
sponsible for disaster management. 
(16) The coordination of prepared-
ness and planning to reduce the con-
sequences of all hazards, including ter-
rorism, is and has always been part of 
FEMA’s primary mission. 
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(17) FEMA should be reestablished as 
an independent cabinet-level agency to 
coordinate the Federal response on be-
half of the President and to lead the Na-
tion’s efforts to improve the Nation’s all- 
hazards emergency management system. 
(18) Establishing FEMA as an inde-
pendent agency will enable the Depart-
ment of Homeland Security to refocus ef-
forts on preventing terrorism and free 
FEMA from internal competition with the 
terrorism prevention entities of the De-
partment for resources and personnel. 
(19) The 4 elements of comprehensive 
emergency management (preparedness, 
response, recovery, and mitigation) must 
be closely integrated and managed within 
FEMA. 
(20) FEMA’s assets and capabilities to 
coordinate the Federal response to a cat-
astrophic disaster must be restored and 
enhanced. In particular, FEMA’s profes-
sional workforce and its incident com-
mand, communications, and logistics ca-
pabilities must be improved. 
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(21) The tension between the Nation’s 
all hazards emergency management sys-
tem and terrorism preparedness must be 
resolved. An all-hazards approach fully 
addresses terrorism, but preparing for 
terrorism alone does not address all as-
pects of the other hazards. 
(22) Governments at all levels have 
historically analyzed past disaster re-
sponses 
by 
participating 
in 
lessons- 
learned exercises, yet too often have 
failed to act upon recommendations nec-
essary to produce a more effective and ef-
ficient response to future disasters. 
(23) Congress should ensure the es-
tablishment 
of 
an 
all-hazards, 
com-
prehensive national emergency prepared-
ness goal and system that will— 
(A) ensure a consistent approach 
to domestic incident management; 
(B) establish target capabilities 
that each level of government should 
possess or to which it should have ac-
cess; 
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(C) direct resources to filling ca-
pability gaps and regularly assess the 
Nation’s preparedness level; and 
(D) ensure that lessons learned 
and best practices are fully incor-
porated into the further development 
of the emergency preparedness sys-
tem. 
SEC. 3. DEFINITIONS. 
(a) IN GENERAL.—In this Act, the following 
definitions apply: 
(1) 
AGENCY.—The 
term 
‘‘Agency’’ 
means the Federal Emergency Manage-
ment Agency established under section 
101. 
(2) DIRECTOR.—The term ‘‘Director’’ 
means the Director of the Federal Emer-
gency Management Agency appointed 
under section 103. 
(3) 
EMERGENCY.—The 
term 
‘‘emer-
gency’’ has the meaning given that term 
in section 102 of the Robert T. Stafford 
Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5122). 
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(4) EMERGENCY
PREPAREDNESS.—The 
term ‘‘emergency preparedness’’ 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)). 
(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 Rob-
ert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5122). 
(7) MAJOR DISASTER.—The term ‘‘major 
disaster’’ has the meaning given that 
term in section 102 of the Robert T. Staf-
ford Disaster Relief and Emergency As-
sistance 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, 
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directing completion by that agency of a 
specified task and setting forth funding, 
other managerial controls, and guidance. 
(9) STATE.—The term ‘‘State’’ 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). 
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 cabinet-level independent es-
tablishment in the executive branch. 
(b) MISSION.—The primary mission of the 
Agency is to reduce the loss of life and prop-
erty from all hazards, including major disas-
ters, acts of terrorism, and other emergencies, 
by leading and supporting the Nation in a 
risk-based, comprehensive, emergency man-
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agement system 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 pre-
scribed by the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.). 
(2) Carrying out its mission to reduce 
the loss of life and property from all haz-
ards, including major disasters, acts of 
terrorism, and other emergencies, by 
leading and supporting the Nation in a 
risk-based, 
comprehensive 
emergency 
management system of— 
(A) preparedness, by leading and 
coordinating the effort to build Fed-
eral, State, and local emergency man-
agement capabilities and readiness to 
effectively respond to, recover from, 
and mitigate against all hazards; 
(B) response, by leading and co-
ordinating emergency operations to 
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save lives, protect property, and meet 
basic human needs; 
(C) recovery, by rebuilding com-
munities so individuals, businesses, 
and governments can function on 
their own, return to normal life, and 
protect against future hazards; 
(D) mitigation, by taking sus-
tained actions to reduce or eliminate 
long-term risk to people and property 
from hazards and their effects; and 
(E) increased efficiencies, by co-
ordinating efforts relating to pre-
paredness, response, recovery, and 
mitigation. 
(3) Preparing and implementing the 
Federal Government’s plans and pro-
grams for— 
(A) continuity of operations; 
(B) 
continuity 
of 
Government; 
and 
(C) continuity of plans. 
(b) NATIONAL RESPONSE PLAN.— 
(1) ROLE
OF
FEMA.—Notwithstanding 
any other provision of law, the Agency 
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shall be the lead agency for the National 
Response Plan. 
(2) REVISION OF RESPONSE PLAN.—Not 
later than 30 days after the date of enact-
ment 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 ap-
pointed by the President, by and with the 
advice and consent of the Senate, and 
who shall report directly to the Presi-
dent. The Director shall be compensated 
at the rate provided 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 individ-
uals who have extensive experience in 
emergency preparedness, response, re-
covery, and mitigation for all hazards, in-
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cluding major disasters, acts of terrorism, 
and other emergencies. 
(3) TERM OF OFFICE.—The term of of-
fice of an individual appointed as the Di-
rector 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 fol-
lowing: 
‘‘Director of the Federal Emergency Man-
agement 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 Di-
rector shall be appointed from among in-
dividuals who have extensive experience 
in emergency preparedness, response, re-
covery, and mitigation for all hazards, in-
cluding major disasters, acts of terrorism, 
and other emergencies. 
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(3) 
DUTIES.—The 
Deputy 
Director 
shall— 
(A) carry out duties and powers 
prescribed by the Director; and 
(B) act for the Director when the 
Director is absent or unable to serve 
or when the position of the Director 
is vacant. 
SEC. 104. OFFICE OF THE INSPECTOR GENERAL. 
The Agency shall have an office of the In-
spector General, headed by an Inspector Gen-
eral, in accordance with the Inspector Gen-
eral Act of 1978 (Public Law 95–452; 5 U.S.C. 
App.). 
SEC. 105. TRANSFER OF FUNCTIONS. 
(a) IN GENERAL.—There shall be trans-
ferred to the Director— 
(1) the functions of the Department of 
Homeland Security relating to the Fed-
eral Emergency Management Agency, in-
cluding 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)); 
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(2) other functions of the Directorate 
for 
Preparedness 
of 
the 
Department 
(other than those functions relating to 
law enforcement efforts to prevent and 
deter acts of terrorism, protect critical 
infrastructure, and conduct intelligence 
activities); and 
(3) the functions relating to the Agen-
cy under any other law, including— 
(A) the National Flood Insurance 
Act of 1968 (42 U.S.C. 4001 et seq.); 
(B) the Robert T. Stafford Dis-
aster Relief and Emergency Assist-
ance Act (42 U.S.C. 5121 et seq.); 
(C) the Earthquake Hazards Re-
duction Act of 1977 (42 U.S.C. 7701 et 
seq.); 
(D) the National Dam Safety Pro-
gram Act (33 U.S.C. 467 et seq.); 
(E) the Federal Fire Prevention 
and Control Act of 1974 (15 U.S.C. 
2201 et seq.); and 
(F) Reorganization Plan No. 3 of 
1978 (5 U.S.C. App.). 
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(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, 
including 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, em-
ployees, and other personnel of the Agen-
cy with respect to functions transferred 
by this section; and 
(2) funds appropriated to such func-
tions for such period of time as may rea-
sonably be needed to facilitate the or-
derly implementation of this section. 
(d) LIAISON OFFICE TO ENSURE COORDINA-
TION WITH THE DEPARTMENT OF HOMELAND SE-
CURITY.—The Director shall establish a liaison 
office within the Agency to ensure adequate 
coordination with the Department of Home-
land Security during an actual or potential 
terrorist incident. 
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