H.R. 5316House109th Congress (2005-2007)In Committee

RESPOND Act of 2006

Sponsored by Don YoungRep. Don Young (R-AK)
Introduced May 9, 2006

Legislative Activity

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15 earlier actions
HouseCalendars Latest Action

Placed on the Union Calendar, Calendar No. 434.

December 8, 2006

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HouseIntro Referral

Introduced in House

May 9, 2006

HouseIntro Referral

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.

May 9, 2006

HouseCommittee

Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.

May 10, 2006

HouseCommittee

Subcommittee on Economic Development, Public Buildings and Emergency Management Discharged.

May 17, 2006

HouseCommittee

Committee Consideration and Mark-up Session Held.

May 17, 2006

HouseCommittee

Ordered to be Reported (Amended) by Voice Vote.

May 17, 2006

HouseCommittee

Committee Consideration and Mark-up Session Held.

May 18, 2006

HouseCommittee

Ordered to be Reported (Amended) by Voice Vote.

May 18, 2006

HouseCommittee

Mr. Shuster asked unanimous consent that the Committee on Transportation have until midnight on June 23 to file a report on H.R. 5316. Agreed to without objection.

June 22, 2006

HouseCommittee

Reported (Amended) by the Committee on Government Reform. H. Rept. 109-519, Part I.

June 22, 2006

HouseCommittee

Reported (Amended) by the Committee on Transportation. H. Rept. 109-519, Part II.

December 8, 2006

HouseIntro Referral

House Committee on Homeland Security Granted an extension for further consideration ending not later than Dec. 8, 2006.

December 8, 2006

HouseIntro Referral

Referred sequentially to the House Committee on Science for a period ending not later than Dec. 8, 2006 for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(o), rule X.

December 8, 2006

HouseCommittee

Committee on Homeland Security discharged.

December 8, 2006

HouseCommittee

Committee on Science discharged.

December 8, 2006

HouseCalendars

Placed on the Union Calendar, Calendar No. 434.

December 8, 2006

Floor Debate

6 members

What members said about H.R. 5316 on the floor

2 Republicans4 Democrats
Tom Lantos
Rep. Tom LantosD-CA-12 · May 22, 2006

Mr. Speaker, I want to thank my good friend and colleague on the International Relations Committee from Kentucky (Mr. Chandler). I want to thank Mr. Shuster for his extraordinarily gracious gesture.…

Christopher Shays
Rep. Christopher ShaysR-CT-4 · May 22, 2006

Mr. Speaker, I want to thank Mr. Shuster, Mr. Chandler, Mr. Young and Mr. Oberstar. I wanted to defer my opportunity to go before Mr. Lantos because it needs to be clear this began in the heart and…

Bill Shuster
Rep. Bill ShusterR-PA-9 · May 22, 2006

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3858) to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to ensure that State and local emergency…

Ben Chandler
Rep. Ben ChandlerD-KY-6 · May 22, 2006

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in strong support of H.R. 3858, the Pets Evacuation and Transportation Standards Act of 2005. This legislation amends the…

James L. Oberstar
Rep. James L. OberstarD-MN-8 · May 22, 2006

Mr. Speaker, I rise in strong support of H.R. 3858, the Pets Evacuation and Transportation Standards (PETS) Act of 2005. This bill amends the Stafford Act to ensure that state and local emergency…

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Silvestre Reyes
Rep. Silvestre ReyesD-TX-16 · May 22, 2006

Mr. Speaker, I rise today in support of H.R. 3858, the Pets and Evacuation and Transportation Standards (PETS) Act of 2005. This is a sample, focused piece of legislation that will require local and…

Bill Shuster
Rep. Bill ShusterR-PA-9 · Jun 22, 2006

Mr. Speaker, I ask unanimous consent that the Committee on Transportation and Infrastructure have until midnight, Friday, June 23, 2006, to file a report to accompany the bill, H.R. 5316, the RESPOND…

Bill Text

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Reported in HouseIssued December 8, 2006
        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5316 Reported in House (RH)]

Union Calendar No. 434
109th CONGRESS
2d Session
H. R. 5316

[Report No. 109-519, Parts I and II]

To reestablish the Federal Emergency Management Agency as a cabinet-
level 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

June 22, 2006

Additional sponsors: Mr. Boozman, Mr. Salazar, Mr. Marchant, Mr.
Bonilla, Mr. Dingell, Mr. Ehlers, Mr. McHenry, Mr. Ney, Mr. Johnson of
Illinois, Mr. Feeney, Mr. Fortuno, Mr. Mack, Mr. Brown of South
Carolina, Mr. Keller, Mr. Moran of Kansas, Mr. Michaud, Mr. Gerlach,
Mr. McIntyre, Mr. Butterfield, Mr. Manzullo, Mr. Murphy, Mr. Ortiz, Mr.
Coble, Ms. Bordallo, Mr. Frank of Massachusetts, Mr. Lipinski, Mr.
McGovern, Ms. Matsui, Mr. Rothman, Mr. Ruppersberger, Mr. Jefferson,
Mrs. Capps, Mr. Kildee, Mr. Sherman, Mr. Peterson of Minnesota, Mr.
Scott of Virginia, Mr. Gingrey, Ms. Kaptur, Mr. Clyburn, and Ms.
DeLauro

June 22, 2006

Reported from the Committee on Government Reform with amendments
[Omit the part struck through in brackets and insert the part printed
in italic]

December 8, 2006

Additional sponsors: Mr. Engel, Mrs. Jones of Ohio, Mr. Kind, Mr.
Kucinich, Ms. McCollum of Minnesota, Mr. Neal of Massachusetts, Mr.
Reyes, Mr. Rush, Mr. Sabo, Ms. Baldwin, Mr. Berman, Mr. Bishop of
Georgia, Ms. Kilpatrick of Michigan, Mr. Towns, Mr. Olver, Mr. Ross,
Mr. Boucher, Mr. Holt, Ms. Woolsey, and Mr. Jackson of Illinois

December 8, 2006

Reported from the Committee on Transportation and Infrastructure with
an amendment
[Strike out all after the enacting clause and insert the part printed
in boldface roman]

December 8, 2006

Referral to the Committee on Homeland Security extended 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 discharged; committed to
the Committee of the Whole House on the State of the Union and ordered
to be printed

_______________________________________________________________________

A BILL

To reestablish the Federal Emergency Management Agency as a cabinet-
level 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.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (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''.</DELETED>
<DELETED>    (b) Table of Contents.--</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Findings.
<DELETED>Sec. 3. Definitions.
<DELETED>TITLE I--ESTABLISHMENT OF AN INDEPENDENT FEDERAL EMERGENCY
MANAGEMENT AGENCY

<DELETED>Subtitle A--Federal Emergency Management Agency

<DELETED>Sec. 101. Establishment of Agency.
<DELETED>Sec. 102. Responsibilities.
<DELETED>Sec. 103. Director; Deputy Director.
<DELETED>Sec. 104. Office of the Inspector General.
<DELETED>Sec. 105. Transfer of functions.
<DELETED>Sec. 106. Personnel and other transfers.
<DELETED>Sec. 107. Savings provisions.
<DELETED>Sec. 108. Conforming and technical amendments.
<DELETED>Subtitle B--Federal Emergency Management Agency Personnel

<DELETED>Sec. 121. Workforce development.

</DELETED>Subtitle C--Federal Emergency Management Agency Procurement

Sec. 131. Limitations on tiering of subcontractors.
Sec. 132. Limitation on length of certain noncompetitive contracts.
Sec. 133. Prohibition of consideration of political affiliation in
award of contracts.
<DELETED>TITLE II--STRENGTHENING THE FEDERAL EMERGENCY MANAGEMENT
AGENCY

<DELETED>Sec. 201. Catastrophic planning program.
<DELETED>Sec. 202. Emergency response teams.
<DELETED>Sec. 203. Emergency operations centers.
<DELETED>Sec. 204. Logistics.
<DELETED>Sec. 205. Communications.
<DELETED>Sec. 206. Emergency equipment assistance.
<DELETED>Sec. 207. Oversight and accountability of Federal disaster
expenditures.
<DELETED>TITLE III--COMPREHENSIVE EMERGENCY PREPAREDNESS SYSTEM

<DELETED>Sec. 301. National emergency preparedness.

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds the following:</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (2) Failures at all levels of government
significantly undermined and detracted from the heroic efforts
of emergency responders, private individuals and organizations,
faith-based groups, and others who struggled to assist the
people of the Gulf Coast.</DELETED>
<DELETED>    (3) Hurricane Katrina revealed that the Nation, in
general, and the Department of Homeland Security, in
particular, are unprepared for a major natural disaster,
accident, or terrorist attack.</DELETED>
<DELETED>    (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 Security and Governmental Affairs of
the Senate, the General Accountability Office, the Inspector
General of the Department of Homeland Security, and the
Homeland Security Council established by the President,
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.</DELETED>
<DELETED>    (5) The creation of the Department of Homeland
Security placed an additional layer of management 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.</DELETED>
<DELETED>    (6) During the response to Hurricane Katrina, the
Department of Homeland Security executed important elements of
the National Response Plan late, ineffectively, or not at
all.</DELETED>
<DELETED>    (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 response to Hurricane Katrina.</DELETED>
<DELETED>    (8) The transfer of FEMA's preparedness grants and
functions to other entities of the Department of Homeland
Security, FEMA's tremendous loss of experienced professional
personnel, and the reduction of FEMA's funding for equipment,
training, and exercises made FEMA's inadequate performance in
the face of a disaster the size of Hurricane Katrina all but
inevitable.</DELETED>
<DELETED>    (9) While some Federal departments and agencies,
such as the Coast Guard, performed admirably, others were
inadequately prepared for Hurricane Katrina and executed their
responsibilities under the National Response Plan
poorly.</DELETED>
<DELETED>    (10) The preparedness level and capabilities of
State and local governments to respond to Hurricane Katrina
varied tremendously. Some responded effectively while others
struggled to evacuate their populations or conduct effective
response operations.</DELETED>
<DELETED>    (11) The Federal Government has spent more than
$15,000,000,000 on first responder grants since 2001, but the
Nation's core emergency management capabilities have improved
little and even declined in some important respects. Federal
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 disasters.</DELETED>
<DELETED>    (12) Comprehensive reform of the Nation's
emergency management system is necessary to address the dangers
presented by major disasters and emergencies of all
kinds.</DELETED>
<DELETED>    (13) The Nation's emergency management system is
based on the following general principles:</DELETED>
<DELETED>    (A) Incidents are best managed at the
lowest level of government.</DELETED>
<DELETED>    (B) Federal assistance is provided in
support of State governments.</DELETED>
<DELETED>    (C) Military assistance is provided in
support of civil authorities.</DELETED>
<DELETED>    (14) Large disasters require presidential
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 advice in preparing for and responding to a
disaster to make the right decisions.</DELETED>
<DELETED>    (15) Preparing for and responding to disasters,
regardless of the cause, must be the top priority of the
organization responsible for disaster management.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (17) FEMA should be reestablished as an
independent cabinet-level agency to coordinate the Federal
response on behalf of the President and to lead the Nation's
efforts to improve the Nation's all-hazards emergency
management system.</DELETED>
<DELETED>    (18) Establishing FEMA as an independent agency
will enable the Department of Homeland Security to refocus
efforts on preventing terrorism and free FEMA from internal
competition with the terrorism prevention entities of the
Department for resources and personnel.</DELETED>
<DELETED>    (19) The 4 elements of comprehensive emergency
management (preparedness, response, recovery, and mitigation)
must be closely integrated and managed within FEMA.</DELETED>
<DELETED>    (20) FEMA's assets and capabilities to coordinate
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.</DELETED>
<DELETED>    (21) The tension between the Nation's all hazards
emergency management system and terrorism preparedness must be
resolved. An all-hazards approach fully addresses terrorism,
but preparing for terrorism alone does not address all aspects
of the other hazards.</DELETED>
<DELETED>    (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 disasters.</DELETED>
<DELETED>    (23) Congress should ensure the establishment of
an all-hazards, comprehensive national emergency preparedness
goal and system that will--</DELETED>
<DELETED>    (A) ensure a consistent approach to
domestic incident management;</DELETED>
<DELETED>    (B) establish target capabilities that
each level of government should possess or to which it
should have access;</DELETED>
<DELETED>    (C) direct resources to filling capability
gaps and regularly assess the Nation's preparedness
level; and</DELETED>
<DELETED>    (D) ensure that lessons learned and best
practices are fully incorporated into the further
development of the emergency preparedness
system.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    (a) In General.--In this Act, the following definitions
apply:</DELETED>
<DELETED>    (1) Agency.--The term ``Agency'' means the Federal
Emergency Management Agency established under section
101.</DELETED>
<DELETED>    (2) Director.--The term ``Director'' means the
Director of the Federal Emergency Management Agency appointed
under section 103.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (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)).</DELETED>
<DELETED>    (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)).</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (7) Major disaster.--The term ``major disaster''
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).</DELETED>
<DELETED>    (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 managerial controls, and guidance.</DELETED>
<DELETED>    (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).</DELETED>

<DELETED>TITLE I--ESTABLISHMENT OF AN INDEPENDENT FEDERAL EMERGENCY
MANAGEMENT AGENCY</DELETED>

<DELETED>Subtitle A--Federal Emergency Management Agency</DELETED>

<DELETED>SEC. 101. ESTABLISHMENT OF AGENCY.</DELETED>

<DELETED>    (a) Independent Establishment.--The Federal Emergency
Management Agency is established as a cabinet-level independent
establishment in the executive branch.</DELETED>
<DELETED>    (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 system of preparedness, response, recovery, and
mitigation.</DELETED>

<DELETED>SEC. 102. RESPONSIBILITIES.</DELETED>

<DELETED>    (a) In General.--The responsibilities of the Agency
include the following:</DELETED>
<DELETED>    (1) All functions and authorities prescribed by
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.).</DELETED>
<DELETED>    (2) Carrying out its mission 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 system of--</DELETED>
<DELETED>    (A) preparedness, by leading and
coordinating the effort to build Federal, State, and
local emergency management capabilities and readiness
to effectively respond to, recover from, and mitigate
against all hazards;</DELETED>
<DELETED>    (B) response, by leading and coordinating
emergency operations to save lives, protect property,
and meet basic human needs;</DELETED>
<DELETED>    (C) recovery, by rebuilding communities so
individuals, businesses, and governments can function
on their own, return to normal life, and protect
against future hazards;</DELETED>
<DELETED>    (D) mitigation, by taking sustained
actions to reduce or eliminate long-term risk to people
and property from hazards and their effects;
and</DELETED>
<DELETED>    (E) increased efficiencies, by
coordinating efforts relating to preparedness,
response, recovery, and mitigation.</DELETED>
(3) Leading</DELETED>, in consultation with the Office of
Personnel and Management, <DELETED>the Federal Government's
continuity of operations programs by--
<DELETED>    (A) formulating guidance and establishing
common standards for the Federal Government to use in
developing viable, executable continuity of operations
plans;</DELETED>
<DELETED>    (B) facilitating interagency coordination,
as appropriate; and</DELETED>
<DELETED>    (C) overseeing and assessing the status of
continuity of operations capabilities within the
Federal Government.</DELETED>
<DELETED>    (b) National Response Plan.--</DELETED>
<DELETED>    (1) Role of fema.--Notwithstanding any other
provision of law, the Agency shall be the lead agency for the
National Response Plan.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 103. DIRECTOR; DEPUTY DIRECTOR.</DELETED>

<DELETED>    (a) Director.--</DELETED>
<DELETED>    (1) In general.--The Agency shall be headed by a
Director, who shall be appointed by the President, by and with
the advice and consent of the Senate, and who shall report
directly to the President. 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.</DELETED>
<DELETED>    (2) Qualifications.--The Director shall be
appointed from among individuals who have extensive experience
in emergency preparedness, response, recovery, and mitigation
for all hazards, including major disasters, acts of terrorism,
and other emergencies.</DELETED>
[<DELETED>(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.</DELETED>]
[<DELETED>(4)</DELETED>] (3) <DELETED>Conforming
amendment.--Section 5312 of title 5, United States Code, is
amended by adding at the end the following:
<DELETED>    ``Director of the Federal Emergency Management
Agency.''.</DELETED>
<DELETED>    (b) Deputy Director.--</DELETED>
<DELETED>    (1) In general.--The Agency shall have one Deputy
Director appointed in the competitive service by the
Director.</DELETED>
<DELETED>    (2) Qualifications.--The Deputy Director shall be
appointed from among individuals who have extensive experience
in emergency preparedness, response, recovery, and mitigation
for all hazards, including major disasters, acts of terrorism,
and other emergencies.</DELETED>
<DELETED>    (3) Duties.--The Deputy Director shall--</DELETED>
<DELETED>    (A) carry out duties and powers prescribed
by the Director; and</DELETED>
<DELETED>    (B) act for the Director when the Director
is absent or unable to serve or when the position of
the Director is vacant.</DELETED>

<DELETED>SEC. 104. OFFICE OF THE INSPECTOR GENERAL.</DELETED>

<DELETED>    The Agency shall have an office of the Inspector General,
headed by an Inspector General, in accordance with the Inspector
General Act of 1978 (Public Law 95-452; 5 U.S.C. App.).</DELETED>

<DELETED>SEC. 105. TRANSFER OF FUNCTIONS.</DELETED>

<DELETED>    (a) In General.--There shall be transferred to the
Director--</DELETED>
<DELETED>    (1) the functions of the Department of Homeland
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));</DELETED>
<DELETED>    (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</DELETED>
<DELETED>    (3) the functions relating to the Agency under any
other law, including--</DELETED>
<DELETED>    (A) the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.);</DELETED>
<DELETED>    (B) the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et
seq.);</DELETED>
<DELETED>    (C) the Earthquake Hazards Reduction Act
of 1977 (42 U.S.C. 7701 et seq.);</DELETED>
<DELETED>    (D) the National Dam Safety Program Act
(33 U.S.C. 467 et seq.);</DELETED>
<DELETED>    (E) the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2201 et seq.);
and</DELETED>
<DELETED>    (F) Reorganization Plan No. 3 of 1978 (5
U.S.C. App.).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Transition.--The Director may use--</DELETED>
<DELETED>    (1) the services of such officers, employees, and
other personnel of the Agency with respect to functions
transferred by this section; and</DELETED>
<DELETED>    (2) funds appropriated to such functions for such
period of time as may reasonably be needed to facilitate the
orderly implementation of this section.</DELETED>
<DELETED>    (d) Liaison Office to Ensure Coordination With the
Department of Homeland Security.--The Director shall establish a
liaison office within the Agency to ensure adequate coordination with
the Department of Homeland Security during an actual or potential
terrorist incident.</DELETED>

<DELETED>SEC. 106. PERSONNEL AND OTHER TRANSFERS.</DELETED>

<DELETED>    (a) Personnel Provisions.--</DELETED>
(1) </DELETED>[<DELETED>Appointments.--
</DELETED>]Applicability of civil service laws.--<DELETED>The
Director may appoint and fix the compensation of such officers
and employees, including investigators, attorneys, and
administrative law judges, as may be necessary to carry out the
respective functions transferred under section 105.
</DELETED>[<DELETED>Except as otherwise provided by law, such
officers and employees shall be appointed in accordance with
the civil service laws and their compensation fixed in
accordance with title 5, United States Code.</DELETED>] Such
officers and employees shall be subject to the appointment,
compensation, and other provisions of title 5, United States
Code, to the same extent and in the same manner as any other
officer or employee, as defined by chapter 21 of such title,
except that nothing in this Act shall be construed to permit or
require that any officers or employees of the Agency be subject
to chapter 97 of such title.
<DELETED>    (2) Experts and consultants.--The Director may
obtain the services of experts and consultants in accordance
with section 3109 of title 5, United States Code, and
compensate such experts and consultants for each day (including
traveltime) during which they are engaged in the actual
performance of such services at rates not in excess of the rate
of pay for level IV of the Executive Schedule under section
5315 of such title. The Director may pay experts and
consultants who are serving away from their homes or regular
place of business, travel expenses and per diem in lieu of
subsistence at rates authorized by sections 5702 and 5703 of
such title for persons in Government service employed
intermittently.</DELETED>
<DELETED>    (b) Delegation and Assignment.--Except where otherwise
expressly prohibited by law or otherwise provided by this title, the
Director may delegate any of the functions transferred to the Director
by section 105 and any function transferred or granted to the Director
after the date of the transfers by section 105 to such officers and
employees of the Agency as the Director may designate and may authorize
successive redelegations of such functions as may be necessary or
appropriate. No delegation of functions by the Director under this
subsection or under any other provision of this title shall relieve the
Director of responsibility for the administration of such
functions.</DELETED>
<DELETED>    (c) Reorganization.--The Director may allocate or
reallocate any function transferred under section 105 among the
officers of the Agency, and may establish, consolidate, alter, or
discontinue such organizational entities in the Agency as may be
necessary or appropriate if the Director, on or before the 30th day
preceding the date of the allocation or reallocation, provides to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate written notice of the allocation or
reallocation.</DELETED>
<DELETED>    (d) Rules.--The Director may prescribe, in accordance with
the provisions of chapters 5 and 6 of title 5, United States Code, such
rules and regulations as the Director determines necessary or
appropriate to administer and manage the functions of the
Agency.</DELETED>
<DELETED>    (e) Transfer and Allocations of Appropriations and
Personnel.--Except as otherwise provided in this title, the personnel
employed in connection with, and the assets, liabilities, contracts,
property, records, and unexpended balances of appropriations,
authorizations, allocations, and other funds employed, used, held,
arising from, available to, or to be made available in connection with
the functions transferred by section 105, subject to section 1531 of
title 31, United States Code, shall be transferred to the Agency.
Unexpended funds transferred pursuant to this subsection shall be used
only for the purposes for which the funds were originally authorized
and appropriated.</DELETED>
<DELETED>    (f) Incidental Transfers.--The Director of the Office of
Management and Budget, in consultation with the Director, may make such
determinations as may be necessary with regard to the functions
transferred by section 105, and may make such additional incidental
dispositions of personnel, assets, liabilities, grants, contracts,
property, records, and unexpended balances of appropriations,
authorizations, allocations, and other funds held, used, arising from,
available to, or to be made available in connection with such
functions, as may be necessary to carry out the provisions of this
title. The Director of the Office of Management and Budget shall
provide for the termination of the affairs of all entities terminated
by this title and for such further measures and dispositions as may be
necessary to effectuate the purposes of this title.</DELETED>
<DELETED>    (g) Effect on Personnel.--</DELETED>
<DELETED>    (1) In general.--Except as otherwise provided by
this title, the transfer pursuant to this title of full-time
personnel (except special Government employees) and part-time
personnel holding permanent positions shall not cause any such
employee to be separated or reduced in grade or compensation
for one year after the date of transfer of such employee under
this title.</DELETED>
<DELETED>    (2) Executive schedule positions.--Except as
otherwise provided in this title, any person who, on the day
preceding the date of the transfers of functions under section
105, held a position compensated in accordance with the
Executive Schedule prescribed in chapter 53 of title 5, United
States Code, and who, without a break in service, is appointed
in the Agency to a position having duties comparable to the
duties performed immediately preceding such appointment shall
continue to be compensated in such new position at not less
than the rate provided for such previous position, for the
duration of the service of such person in such new
position.</DELETED>

<DELETED>SEC. 107. SAVINGS PROVISIONS.</DELETED>

<DELETED>    (a) Savings Provisions.--</DELETED>
<DELETED>    (1) Continuing effect of legal documents.--All
orders, determinations, rules, regulations, permits,
agreements, grants, contracts, certificates, licenses,
registrations, privileges, and other administrative actions--
</DELETED>
<DELETED>    (A) which have been issued, made, granted,
or allowed to become effective by the President, any
Federal agency or official thereof, or by a court of
competent jurisdiction, in the performance of functions
that are transferred under section 105; and</DELETED>
<DELETED>    (B) which are in effect on the date of the
transfers of functions under section 105, or were final
before such date and are to become effective on or
after such date, shall continue in effect according to
their terms until modified, terminated, superseded, set
aside, or revoked in accordance with law by the
President, the Director, or other authorized official,
a court of competent jurisdiction, or by operation of
law.</DELETED>
<DELETED>    (2) Proceedings not affected.--The provisions of
this title shall not affect any proceedings, including notices
of proposed rulemaking, or any application for any license,
permit, certificate, or financial assistance pending before the
Agency on the date of the transfers of functions under section
105, with respect to functions transferred by section 105 but
such proceedings and applications shall continue. Orders shall
be issued in such proceedings, appeals shall be taken
therefrom, and payments shall be made pursuant to such orders,
as if this title had not been enacted, and orders issued in any
such proceedings shall continue in effect until modified,
terminated, superseded, or revoked by a duly authorized
official, by a court of competent jurisdiction, or by operation
of law. Nothing in this paragraph shall be deemed to prohibit
the discontinuance or modification of any such proceeding under
the same terms and conditions and to the same extent that such
proceeding could have been discontinued or modified if this
title had not been enacted.</DELETED>
<DELETED>    (3) Suits not affected.--The provisions of this
title shall not affect suits commenced before the date of the
transfers of functions under section 105, and in all such
suits, proceedings shall be had, appeals taken, and judgments
rendered in the same manner and with the same effect as if this
title had not been enacted.</DELETED>
<DELETED>    (4) Nonabatement of actions.--No suit, action, or
other proceeding commenced by or against the Agency, or by or
against any individual in the official capacity of such
individual as an officer of the Agency, shall abate by reason
of the enactment of this title.</DELETED>
<DELETED>    (5) Administrative actions relating to
promulgation of regulations.--Any administrative action
relating to the preparation or promulgation of a regulation by
the Agency relating to a function transferred under section 105
may be continued by the Agency with the same effect as if this
title had not been enacted.</DELETED>
<DELETED>    (b) References.--Any reference in any other Federal law,
Executive order, rule, regulation, or delegation of authority, or any
document of or pertaining to a department, agency, or office from which
a function is transferred by section 105--</DELETED>
<DELETED>    (1) to the head of such department, agency, or
office is deemed to refer to the head of the department,
agency, or office to which such function is transferred;
or</DELETED>
<DELETED>    (2) to such department, agency, or office is
deemed to refer to the department, agency, or office to which
such function is transferred.</DELETED>

<DELETED>SEC. 108. CONFORMING AND TECHNICAL AMENDMENTS.</DELETED>

<DELETED>    (a) Chief Financial Officer.--Section 901(b)(2) of title
31, United States Code, is amended by adding at the end the
following:</DELETED>
<DELETED>    ``(H) The Federal Emergency Management
Agency.''.</DELETED>
<DELETED>    (b) Recommended Legislation.--</DELETED>
<DELETED>    (1) In general.--After consultation with the
appropriate committees of Congress and the Director of the
Office of Management and Budget, the Director shall prepare
recommended legislation containing technical and conforming
amendments to reflect the changes made by this title.</DELETED>
<DELETED>    (2) Submission to congress.--Not later than 90
days after the last day of the transition period referred to in
section 105(b), the Director shall submit to Congress a report
containing the recommended legislation.</DELETED>
<DELETED>    (c) Repeals.--The following provisions of the Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.) are repealed:</DELETED>
<DELETED>    (1) Section 503(1).</DELETED>
<DELETED>    (2) Section 507.</DELETED>

<DELETED>Subtitle B--Federal Emergency Management Agency
Personnel</DELETED>

<DELETED>SEC. 121. WORKFORCE DEVELOPMENT.</DELETED>

<DELETED>    (a) In General.--Subpart I of part III of title 5, United
States Code, is amended by adding at the end the following:</DELETED>

<DELETED>``CHAPTER 101--FEDERAL EMERGENCY MANAGEMENT AGENCY
PERSONNEL</DELETED>

<DELETED>``Sec.
<DELETED>``10101. Definitions.
<DELETED>``10102. Human capital strategy.
<DELETED>``10103. Recruitment bonuses for the Federal Emergency
Management Agency.
<DELETED>``10104. Retention bonuses for the Federal Emergency
Management Agency.
<DELETED>``10105. Disaster workforce reserve cadre.
<DELETED>``Sec. 10101. Definitions</DELETED>
<DELETED>    ``For purposes of this chapter--</DELETED>
<DELETED>    ``(1) the term `Federal Emergency Management
Agency' or `Agency' shall be considered to refer to the Federal
Emergency Management Agency established under section 101 of
the RESPOND Act of 2006; and</DELETED>
<DELETED>    ``(2) the term `Director of the Federal Emergency
Management Agency' or `Director' shall be considered to refer
to the Director of the Federal Emergency Management Agency
appointed under section 103 of the RESPOND Act of
2006.</DELETED>
<DELETED>``Sec. 10102. Human capital strategy</DELETED>
<DELETED>    ``(a) In General.--The Director of the Federal Emergency
Management Agency shall develop a human capital strategy to ensure that
the Agency has a workforce of the appropriate size and with the
appropriate skills and training to effectively carry out the mission
and responsibilities of the Agency, consistent with the policies and
plans developed pursuant to this section.</DELETED>
<DELETED>    ``(b) Content.--The strategy shall include, at a minimum--
</DELETED>
<DELETED>    ``(1) a workforce development strategy for the
Agency;</DELETED>
<DELETED>    ``(2) an assessment of the workforce
characteristics and future needs of the Agency;</DELETED>
<DELETED>    ``(3) an analysis of how the Agency's human
resources policies and programs align with the Agency's
mission, strategic goals, and performance outcomes;
and</DELETED>
<DELETED>    ``(4) any other elements that the Director
determines necessary to develop and maintain a human capital
strategy, including elements described in section
1402.</DELETED>
<DELETED>    ``(c) Schedule.--The Director shall transmit to Congress--
</DELETED>
<DELETED>    ``(1) the strategy developed under this section
not later than 6 months after the date of enactment of this
chapter; and</DELETED>
<DELETED>    ``(2) periodic updates to the strategy referred to
in paragraph (1).</DELETED>
<DELETED>``Sec. 10103. Recruitment bonuses for the Federal Emergency
Management Agency</DELETED>
<DELETED>    ``(a) In General.--The Director of the Federal Emergency
Management Agency may pay a bonus to an individual in order to recruit
the individual for a position within the Agency that would otherwise be
difficult to fill in the absence of such a bonus.</DELETED>
<DELETED>    ``(b) Bonus Amount.--</DELETED>
<DELETED>    ``(1) In general.--The amount of a bonus under
this section shall be determined by the Director, but may not
exceed 25 percent of the annual rate of basic pay of the
position involved.</DELETED>
<DELETED>    ``(2) Form of payment.--A bonus under this section
shall be paid in the form of a lump-sum payment and shall not
be considered to be part of basic pay.</DELETED>
<DELETED>    ``(c) Service Agreements.--Payment of a bonus under this
section shall be contingent upon the employee entering into a written
service agreement with the Federal Emergency Management Agency. The
agreement shall include--</DELETED>
<DELETED>    ``(1) the period of service the individual shall
be required to complete in return for the bonus; and</DELETED>
<DELETED>    ``(2) the conditions under which the agreement may
be terminated before the agreed-upon service period has been
completed, and the effect of the termination.</DELETED>
<DELETED>    ``(d) Eligibility.--A bonus under this section may not be
paid to recruit an individual for--</DELETED>
<DELETED>    ``(1) a position to which an individual is
appointed by the President, by and with the advice and consent
of the Senate;</DELETED>
<DELETED>    ``(2) a position in the Senior Executive Service
as a noncareer appointee (as defined in section 3132(a));
or</DELETED>
<DELETED>    ``(3) a position which has been excepted from the
competitive service by reason of its confidential, policy-
determining, policy-making, or policy-advocating
character.</DELETED>
<DELETED>    ``(e) Termination.--The authority to pay bonuses under
this section shall terminate 5 years after the date of enactment of
this chapter.</DELETED>
<DELETED>``Sec. 10104. Retention bonuses for the Federal Emergency
Management Agency</DELETED>
<DELETED>    ``(a) Authority.--The Director of the Federal Emergency
Management Agency may pay, on a case-by-case basis, a bonus under this
section to an employee of the Agency if--</DELETED>
<DELETED>    ``(1) the unusually high or unique qualifications
of the employee or a special need of the Agency for the
employee's services makes it essential to retain the employee;
and</DELETED>
<DELETED>    ``(2) the Director determines that, in the absence
of such a bonus, the employee would be likely to leave--
</DELETED>
<DELETED>    ``(A) the Federal service; or</DELETED>
<DELETED>    ``(B) for a different position in the
Federal service.</DELETED>
<DELETED>    ``(b) Service Agreement.--Payment of a bonus under this
section is contingent upon the employee entering into a written service
agreement with the Agency to complete a period of service with the
Agency. Such agreement shall include--</DELETED>
<DELETED>    ``(1) the period of service the individual shall
be required to complete in return for the bonus; and</DELETED>
<DELETED>    ``(2) the conditions under which the agreement may
be terminated before the agreed-upon service period has been
completed, and the effect of the termination.</DELETED>
<DELETED>    ``(c) Bonus Amount.--</DELETED>
<DELETED>    ``(1) In general.--The amount of a bonus under
this section shall be determined by the Director, but may not
exceed 25 percent of the annual rate of basic pay of the
position involved.</DELETED>
<DELETED>    ``(2) Form of payment.--A bonus under this section
shall be paid in the form of a lump-sum payment and shall not
be considered to be part of basic pay.</DELETED>
<DELETED>    ``(d) Limitation.--A bonus under this section may not be
based on any period of service which is the basis for a recruitment
bonus under section 10103.</DELETED>
<DELETED>    ``(e) Termination of Authority.--The authority to grant
bonuses under this section shall expire 5 years after the date of
enactment of this chapter.</DELETED>
<DELETED>``Sec. 10105. Disaster workforce reserve cadre</DELETED>
<DELETED>    ``(a) Establishment.--There is established within the
Federal Emergency Management Agency a disaster workforce reserve cadre
to meet the Agency's surge requirements during periods of emergency, as
determined by the Director of the Federal Emergency Management
Agency.</DELETED>
<DELETED>    ``(b) Review.--Not later than 90 days after the date of
enactment of this chapter, the Director shall conduct a comprehensive
review of the current disaster workforce reserves for the purpose of
identifying areas for redevelopment. As part of the review, the
Director shall review and redevelop the disaster workforce to create a
capable cadre by--</DELETED>
<DELETED>    ``(1) providing for the effective utilization of
the disaster workforce;</DELETED>
<DELETED>    ``(2) establishing consistent and shorter disaster
workforce mobilization times;</DELETED>
<DELETED>    ``(3) establishing standards to meet mission
requirements;</DELETED>
<DELETED>    ``(4) establishing a robust credentialing system
for the disaster workforce to integrate capabilities and skill
sets into job descriptions for a more effective and faster
response capability;</DELETED>
``(5) establishing employment protections for disaster
workforce reservists; </DELETED>[<DELETED>and</DELETED>]
<DELETED>``(6) establishing a streamlined deployment
system</DELETED>[<DELETED>.</DELETED>]; and
``(7) establishing physical and mental health care
standards for the disaster workforce during and after service.
<DELETED>``(c) Annuitants.--If an individual receiving an annuity
from the Civil Service Retirement and Disability Fund becomes
temporarily reemployed pursuant to this section, such annuity shall not
be discontinued thereby. An individual so reemployed shall not be
considered an employee for the purposes of chapter 83 or
</DELETED>[<DELETED>84.</DELETED>] 84 and shall not be so reemployed
for more than 180 days in connection with any particular emergency
unless, in the judgment of the Director, the public interest so
requires.
<DELETED>    ``(d) Expenses.--The Director may provide members of the
disaster workforce reserve cadre transportation and per diem in lieu of
subsistence, in accordance with applicable provisions of this title,
for the purpose of participating in any training that relates to
service as a member of the disaster workforce reserve
cadre.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The table of chapters for
subpart I of part III of title 5, United States Code, is amended by
adding at the end the following:</DELETED>

<DELETED>``101. Federal Emergency Management Agency            10101''.
personnel.

</DELETED>Subtitle C--Federal Emergency Management Agency Procurement

SEC. 131. LIMITATIONS ON TIERING OF SUBCONTRACTORS.

(a)  Regulations.--The Director shall promulgate regulations
applicable to contracts described in subsection (c) to minimize the
excessive use by contractors of subcontractors or tiers of
subcontractors to perform the principal work of the contract.
(b) Specific Requirement.--At a minimum, the regulations
promulgated under subsection (a) shall preclude a contractor from using
subcontracts for more than 65 percent of the cost of the contract (not
including overhead and profit), unless the Director determines that
exceptional circumstances apply.
(c) Covered Contracts.--This section applies to any cost-
reimbursement type contract in an amount greater than the simplified
acquisition threshold (as defined by section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403)) entered into by the Agency to
facilitate response to or recovery from a major disaster or emergency.

SEC. 132. LIMITATION ON LENGTH OF CERTAIN NONCOMPETITIVE CONTRACTS.

(a) Regulations.--The Director shall promulgate regulations
applicable to contracts described in subsection (c) to restrict the
contract period of any such contract entered into using procedures
other than competitive procedures pursuant to the exception provided in
paragraph (2) of section 303(c) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253(c)) to the minimum
contract period necessary--
(1) to meet the urgent and compelling requirements of the
work to be performed under the contract; and
(2) to enter into another contract for the required goods
or services through the use of competitive procedures.
(b) Specific Contract Period.--The regulations promulgated under
subsection (a) shall require the contract period to not exceed 240
days, unless the Director determines that exceptional circumstances
apply.
(c) Covered Contracts.--This section applies to any contract in an
amount greater than the simplified acquisition threshold (as defined by
section 4 of the Office of Federal Procurement Policy Act (41 U.S.C.
403)) entered into by the Agency to facilitate response to or recovery
from a major disaster or emergency.

SEC. 133. PROHIBITION OF CONSIDERATION OF POLITICAL AFFILIATION IN
AWARD OF CONTRACTS.

In the solicitation, evaluation, award, or termination of any
contract of the Agency, no preference or consideration may be given to
the political party affiliation of, the political contributions of, or
the political views expressed by, the contractor or potential
contractor or its officers or employees.

<DELETED>TITLE II--STRENGTHENING THE FEDERAL EMERGENCY MANAGEMENT
AGENCY</DELETED>

<DELETED>SEC. 201. CATASTROPHIC PLANNING PROGRAM.</DELETED>

<DELETED>    Subtitle A of title VI of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5196 et seq.) is amended
by adding at the end the following:</DELETED>

<DELETED>``SEC. 616. CATASTROPHIC PLANNING PROGRAM.</DELETED>

<DELETED>    ``(a) Establishment.--The Director shall establish a
program to assist States and local governments representing areas at
substantial risk for a catastrophic incident, and other Federal
agencies as appropriate, in developing a comprehensive program to
prepare for a catastrophic incident.</DELETED>
<DELETED>    ``(b) Activities.--The program may include planning,
training, exercises, and such other activities as the Director
considers necessary.</DELETED>
<DELETED>    ``(c) Site Selection.--In conducting the program, the
Director, in coordination with a State or local government, shall
select sites within the jurisdiction of such State or local government
that are at substantial risk for a catastrophic incident and require
additional preparedness activities to ensure an effective response and
recovery.</DELETED>
<DELETED>    ``(d) Catastrophic Incident.--In this section, the term
`catastrophic incident' means any natural or manmade incident,
including terrorism, that results in extraordinary levels of mass
casualties, damage, or disruption severely affecting the population,
infrastructure, environment, economy, national morale, or government
functions.</DELETED>
<DELETED>    ``(e) Report.--The Director shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate a report on the preparedness levels of participating
jurisdictions.</DELETED>
<DELETED>    ``(f) Authorization of Appropriations.--There is
authorized to be appropriated to carry out this section $30,000,000 for
fiscal year 2007, $32,000,000 for fiscal year 2008, $34,000,000 for
fiscal year 2009, and such sums as are necessary for each fiscal year
thereafter. Such sums shall remain available until
expended.''.</DELETED>

<DELETED>SEC. 202. EMERGENCY RESPONSE TEAMS.</DELETED>

<DELETED>    Section 303 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5144) is amended--</DELETED>
<DELETED>    (1) by striking the section heading and all that
follows through ``The President shall'' and inserting the
following:</DELETED>

<DELETED>``SEC. 303. EMERGENCY SUPPORT AND RESPONSE TEAMS.</DELETED>

<DELETED>    ``(a) Emergency Support Teams.--The President shall'';
and</DELETED>
<DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(b) Emergency Response Teams.--</DELETED>
<DELETED>    ``(1) Establishment.--In carrying out subsection
(a), the President, acting through the Director of the Federal
Emergency Management Agency, shall establish at a minimum 3
national response teams and sufficient regional and other
response teams as may be necessary to meet the incident
management responsibilities of the Federal
Government.</DELETED>
<DELETED>    ``(2) Target capability level.--The Director shall
ensure that specific target capability levels, as defined
pursuant to the guidelines established under section
703(b)(2)(A), are established for Federal emergency response
teams.</DELETED>
<DELETED>    ``(3) Personnel.--The President, acting through
the Director, shall ensure that the Federal emergency response
teams consist of adequate numbers of properly planned,
organized, equipped, trained, and exercised personnel to
achieve the established target capability levels.</DELETED>
<DELETED>    ``(4) Readiness reporting.--The Director shall
evaluate team readiness on a regular basis and report team
readiness levels in the report required under section
703(b)(8)(A).''.</DELETED>

<DELETED>SEC. 203. EMERGENCY OPERATIONS CENTERS.</DELETED>

<DELETED>    (a) National.--The Director shall maintain and operate
within the Federal Emergency Management Agency a national emergency
operations center to support Federal emergency operations.</DELETED>
<DELETED>    (b) Regional.--The Director shall ensure that each region
of the Agency maintains and operates an emergency operations center to
support Federal emergency operations.</DELETED>
<DELETED>    (c) Target Capability Levels.--The Director shall ensure
that specific target capability levels, as defined pursuant to the
guidelines established under section 703(b)(2)(A) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (as added by this
Act), are established for national and regional emergency operations
centers.</DELETED>
<DELETED>    (d) Personnel.--The Director shall ensure that the
national and regional emergency operations centers consist of adequate
numbers of properly planned, organized, equipped, trained, and
exercised personnel to achieve the established target capability
levels.</DELETED>
<DELETED>    (e) Readiness Reporting.--The Director shall evaluate the
readiness of the emergency operations centers on a regular basis and
report readiness levels in the report required under section
703(b)(8)(A) of such Act.</DELETED>

<DELETED>SEC. 204. LOGISTICS.</DELETED>

<DELETED>    (a) In General.--The Director shall develop an efficient,
transparent, and flexible logistics system for procurement and delivery
of goods and services necessary for an effective and timely response to
major disasters and other emergencies and for real-time visibility of
items at each point throughout the logistics system.</DELETED>
<DELETED>    (b) System Development.--The Director shall ensure that
the logistics system is developed through the use of in-house, private
sector, and other Federal agency logistics capabilities (or a
combination thereof).</DELETED>
<DELETED>    (c) State and Local Contracts.--The Director shall
encourage State and local governments to establish contracts with
private sector vendors for disaster relief supplies in advance of major
disasters and other emergencies.</DELETED>

<DELETED>SEC. 205. COMMUNICATIONS.</DELETED>

<DELETED>    (a) Communications Capability.--The Director shall
establish and maintain a durable, deployable, operable, and
interoperable communications capability within the Agency in order to
gain and retain incident management communications in areas that have
lost regular communications systems during major disasters and other
emergencies.</DELETED>
<DELETED>    (b) Reconnaissance Teams.--The Director shall establish
self-sustaining reconnaissance teams to relay information back to
Agency headquarters to improve situational awareness and incident
management coordination.</DELETED>

<DELETED>SEC. 206. EMERGENCY EQUIPMENT ASSISTANCE.</DELETED>

<DELETED>    Subtitle B of title VI of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5197 et seq.) is amended
by adding at the end the following:</DELETED>

<DELETED>``SEC. 630. EMERGENCY EQUIPMENT ASSISTANCE.</DELETED>

<DELETED>    ``(a) Grants.--The Director shall carry out a program to
make grants to States and local governments to improve the response
capabilities of the States and local governments in the event of a
major disaster or other emergency.</DELETED>
<DELETED>    ``(b) Use of Funds.--Grants amounts received by a State or
local government under this section shall be used--</DELETED>
<DELETED>    ``(1) to purchase or improve commercially
available interoperable communications equipment that--
</DELETED>
<DELETED>    ``(A) complies with, where applicable,
national voluntary consensus standards;</DELETED>
<DELETED>    ``(B) facilitates operability,
interoperability, coordination, and integration between
and among emergency communications systems (including
satellite phone and satellite communications
equipment); and</DELETED>
<DELETED>    ``(C) ensures that first responders,
government officials, and emergency personnel are able
to adequately and effectively communicate with each
other in the event of a major disaster or other
emergency;</DELETED>
<DELETED>    ``(2) to purchase mobile equipment to generate
emergency power; and</DELETED>
<DELETED>    ``(3) to train first responders and emergency
personnel on how best to use effectively such
equipment.</DELETED>
<DELETED>    ``(c) Applications.--A State or local government seeking a
grant under this section shall submit to the Director an application at
such time, in such manner, and accompanied by such information as the
Director may require.</DELETED>
<DELETED>    ``(d) Technical Assistance.--The Director shall provide to
States and local governments technical assistance with respect to the
procurement, installation, and use of equipment under subsection
(b)(1).</DELETED>
<DELETED>    ``(e) Coordination.--In implementing the program, the
Director shall ensure the coordination with other emergency equipment
assistance grant programs.</DELETED>
<DELETED>    ``(f) Authorization of Appropriations.--There is
authorized to be appropriated to carry out this section $200,000,000
for each of fiscal years 2006, 2007, and 2008. Such sums shall remain
available until expended.''.</DELETED>

<DELETED>SEC. 207. OVERSIGHT AND ACCOUNTABILITY OF FEDERAL DISASTER
EXPENDITURES.</DELETED>

<DELETED>    (a) Purpose.--The purposes of this section is to ensure
that Federal agencies exercise sufficient stewardship over the funds
provided to the agencies through Agency mission assignments for
disaster response, relief, and recovery activities by requiring and
funding management oversight activities to prevent fraud, waste, and
abuse and to detect and pursue prosecution of fraud so that taxpayers'
interests are fully protected.</DELETED>
<DELETED>    (b) Authority of Director to Designate Funds for Oversight
Activities.--The Director may designate up to one percent of the final
value of mission assignments provided to Federal agencies to be used by
the recipient agency for performing oversight of activities carried out
under the Agency reimbursable mission assignment process. Such funds
shall remain available until expended.</DELETED>
<DELETED>    (c) Use of Funds.--</DELETED>
<DELETED>    (1) Types of oversight activities.--Oversight
funds may be used for the following types of oversight
activities related to Agency mission assignments:</DELETED>
<DELETED>    (A) Monitoring, tracking, and auditing
expenditures of funds.</DELETED>
<DELETED>    (B) Ensuring that sufficient management
and internal control mechanisms are available so that
Agency funds are spent appropriately and in accordance
with all applicable laws and regulations.</DELETED>
<DELETED>    (C) Reviewing selected contracts and other
activities.</DELETED>
<DELETED>    (D) Investigating allegations of fraud
involving Agency funds.</DELETED>
<DELETED>    (E) Conducting and participating in fraud
prevention activities with other Federal, State, and
local government personnel and contractors.</DELETED>
<DELETED>    (2) Other mission assignments.--Oversight funds
may be expended for oversight activities related to a disaster
mission assignment other than the mission assignment for which
the funds were initially provided.</DELETED>
<DELETED>    (3) Progress reports.--Oversight funds may be used
to produce progress reports required under subsection
(e).</DELETED>
<DELETED>    (d) Restriction on Use of Funds.--Oversight funds may not
be used to finance existing and inherent agency oversight
responsibilities related to direct agency appropriations used for
disaster response, relief, and recovery activities.</DELETED>
<DELETED>    (e) Federal Disaster Assistance Accountability Reports.--A
Federal agency receiving oversight funds under this section shall
submit annually to the Director and the appropriate committees of
Congress a consolidated report regarding the use of such funds,
including information summarizing oversight activities and the results
achieved.</DELETED>
<DELETED>    (f) Oversight Funds.--In this section, the term
``oversight funds'' means funds referred to in subsection (b) that are
designated for use in performing oversight activities.</DELETED>

<DELETED>TITLE III--COMPREHENSIVE EMERGENCY PREPAREDNESS
SYSTEM</DELETED>

<DELETED>SEC. 301. NATIONAL EMERGENCY PREPAREDNESS.</DELETED>

<DELETED>    (a) In General.--The Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122 et seq.) is amended--
</DELETED>
<DELETED>    (1) by redesignating title VII as title
VIII;</DELETED>
<DELETED>    (2) by redesignating sections 701 through 705 as
sections 801 through 805, respectively; and</DELETED>
<DELETED>    (3) by inserting after title VI the
following:</DELETED>

<DELETED>``TITLE VII--COMPREHENSIVE EMERGENCY PREPAREDNESS
SYSTEM</DELETED>

<DELETED>``SEC. 701. DEFINITIONS.</DELETED>

<DELETED>    ``In this title, the definitions contained in section 602
and the following definitions apply:</DELETED>
<DELETED>    ``(1) Capability.--The term `capability' means the
ability to provide the means to accomplish one or more tasks
under specific conditions and to specific performance
standards. A capability may be delivered with any combination
of properly planned, organized, equipped, trained, and
exercised personnel that achieves the intended
outcome.</DELETED>
<DELETED>    ``(2) Covered grant.--The term `covered grant'
means a grant referred to in section 708 and any other
emergency preparedness grant administered by the Federal
Emergency Management Agency.</DELETED>
<DELETED>    ``(3) 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 managerial controls, and guidance.</DELETED>
<DELETED>    ``(4) Operational readiness.--The term
`operational readiness' means the capability of an
organization, an asset, a system, or equipment to perform the
missions or functions for which it is organized or
designed.</DELETED>
<DELETED>    ``(5) Performance measure.--The term `performance
measure' means a quantitative or qualitative characteristic
used to gauge the results of an outcome compared to its
intended purpose.</DELETED>
<DELETED>    ``(6) Performance metric.--The term `performance
metric' means a particular value or characteristic used to
measure the outcome that is generally expressed in terms of a
baseline and a target.</DELETED>

<DELETED>``SEC. 702. NATIONAL EMERGENCY PREPAREDNESS GOAL.</DELETED>

<DELETED>    ``(a) Establishment.--The President, acting through the
Director, shall establish and revise as necessary a national emergency
preparedness goal that defines the target level of emergency
preparedness to ensure the Nation's ability to respond to, recover
from, and mitigate against all hazards, including major disasters and
other emergencies.</DELETED>
<DELETED>    ``(b) National Incident Management System and National
Response Plan.--The national emergency preparedness goal, to the
greatest extent practicable, shall be consistent with the national
incident management system and national response plan.</DELETED>

<DELETED>``SEC. 703. ESTABLISHMENT OF THE NATIONAL EMERGENCY
PREPAREDNESS SYSTEM.</DELETED>

<DELETED>    ``(a) Establishment.--The President, acting through the
Director, shall establish a national emergency preparedness system to
enable the Nation to meet the national emergency preparedness
goal.</DELETED>
<DELETED>    ``(b) Components.--The national emergency preparedness
system includes the following components:</DELETED>
<DELETED>    ``(1) National planning scenarios.--</DELETED>
<DELETED>    ``(A) In general.--The Director, in
coordination with the heads of other appropriate
Federal agencies and the Task Force established under
section 707(a), may develop planning scenarios to
reflect the relative risk requirements presented by all
hazards in order to provide the foundation for the
flexible and adaptive development of target
capabilities and the identification of target
capability levels to meet the national emergency
preparedness goal.</DELETED>
<DELETED>    ``(B) Development.--In developing national
planning scenarios, the Director shall ensure that the
scenarios--</DELETED>
<DELETED>    ``(i) reflect the relative risk of
all hazards and illustrate the potential scope,
magnitude, and complexity of a broad range of
representative hazards; and</DELETED>
<DELETED>    ``(ii) provide the minimum number
of representative scenarios necessary to
identify and define the tasks and target
capabilities required to respond to all
hazards.</DELETED>
<DELETED>    ``(2) Target capabilities and emergency
preparedness priorities.--</DELETED>
<DELETED>    ``(A) Establishment of guidelines on
target capabilities.--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 coordination with the heads of other
appropriate Federal agencies, including the National
Council on Disability, and the Task Force established
under section 707(a), shall update and revise as
necessary guidelines to define the risk-based target
capabilities for Federal, State, and local government
emergency preparedness that enables the Nation to
respond to, recover from, and mitigate against all
hazards, including major disasters and other
emergencies.</DELETED>
<DELETED>    ``(B) Distribution of guidelines.--The
Director shall ensure that the guidelines are provided
promptly to Congress and the States. The States are
encouraged to make the guidelines available to local
governments within their jurisdictions.</DELETED>
<DELETED>    ``(C) Objectives.--The Director shall
ensure that the guidelines established under
subparagraph (A) meet the following
objectives:</DELETED>
<DELETED>    ``(i) Specificity.--The guidelines
specifically describe the training, planning,
personnel, and equipment that Federal, State,
and local governments need to possess, or to
which they need to have access, in order to
meet the national emergency preparedness
goal.</DELETED>
<DELETED>    ``(ii) Flexibility.--The
guidelines are sufficiently flexible to allow
Federal, State, and local government officials
to set priorities based on particular needs,
while achieving nationally determined emergency
preparedness levels within a specified time
period.</DELETED>
<DELETED>    ``(iii) Measurability.--The
guidelines are designed to enable measurement
of progress toward specific emergency
preparedness levels.</DELETED>
<DELETED>    ``(D) Emergency preparedness priorities.--
In establishing the guidelines under subparagraph (A),
the Director shall establish emergency preparedness
priorities that appropriately balance the risk of all
hazards, including major disasters and other
emergencies with the resources required to respond to,
recover from, and mitigate against them.</DELETED>
<DELETED>    ``(E) Mutual aid agreements.--The Director
may provide support for the development of mutual aid
agreements within States.</DELETED>
<DELETED>    ``(3) Equipment.--</DELETED>
<DELETED>    ``(A) Equipment standards.--</DELETED>
<DELETED>    ``(i) In general.--The Director,
in coordination with the heads of other
appropriate Federal agencies and the Task Force
established under section 707(a), shall
develop, promulgate, and update as necessary
national voluntary consensus standards for
first responder equipment for use in the field.
In developing such standards, the Director
shall--</DELETED>
<DELETED>    ``(I) ensure that the
standards encourage and support
nationwide interoperability and
operability of equipment and other
capabilities consistent with the
national emergency preparedness goal,
including the safety and health of
first responders;</DELETED>
<DELETED>    ``(II) to the maximum
extent practicable, ensure that the
standards are consistent with any
existing voluntary consensus
standards;</DELETED>
<DELETED>    ``(III) to the maximum
extent practicable, ensure that the
standards use technologies already
certified by other Federal agencies of
the United States;</DELETED>
<DELETED>    ``(IV) take into account,
as appropriate, threats that may not
have been contemplated when such
existing standards were developed;
and</DELETED>
<DELETED>    ``(V) focus on maximizing
interoperability, operability,
interchangeability, durability,
flexibility, efficiency, efficacy,
portability, sustainability, and safety
of equipment.</DELETED>
<DELETED>    ``(ii) Deadline.--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
shall promulgate standards under this
subparagraph.</DELETED>
<DELETED>    ``(B) Consultation with standards
organizations.--Before issuing standards, the Director
shall also consult with relevant public and private
sector standards organizations.</DELETED>
<DELETED>    ``(4) Training and exercises.--</DELETED>
<DELETED>    ``(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 coordination with the heads of
other appropriate Federal agencies, including the
National Council on Disability, and the Task Force
established under section 707(a), shall establish and
maintain a comprehensive training program for all
levels of government to implement the national
emergency preparedness goal, national incident
management system, and national response
plan.</DELETED>
<DELETED>    ``(B) Training standards.--The Director
shall develop and update as necessary, national
voluntary consensus standards for the training program
established under subparagraph (A).</DELETED>
<DELETED>    ``(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 scenarios that stress the
emergency management system, to conduct emergency
preparedness-related exercises that reinforce
identified training standards, provide for evaluation
of emergency preparedness, and support the national
emergency preparedness goal, national incident
management system, and national response
plan.</DELETED>
<DELETED>    ``(5) Comprehensive assessment system.--</DELETED>
<DELETED>    ``(A) Establishment.--The Director, in
coordination with the National Council on Disability
and the Task Force established under section 707(a),
shall establish a comprehensive system to assess on an
ongoing basis, the Nation's overall emergency
preparedness, including operational
readiness.</DELETED>
<DELETED>    ``(B) Performance metrics and measures.--
The Director shall ensure that each component of the
national emergency preparedness system, national
incident management system, and national response plan
is developed with clear and quantifiable performance
metrics, measures, and outcomes.</DELETED>
<DELETED>    ``(C) Contents.--The assessment system
established under subparagraph (A) shall assess--
</DELETED>
<DELETED>    ``(i) compliance with the national
emergency preparedness system, national
incident management system, and national
response plan to achieve a consistent approach
to national emergency preparedness and
response;</DELETED>
<DELETED>    ``(ii) capability levels at the
time of assessment against target capability
levels defined pursuant to the guidelines
established under paragraph (2)(A);</DELETED>
<DELETED>    ``(iii) resource needs to meet the
desired target capability levels defined
pursuant to the guidelines established under
paragraph (2)(A); and</DELETED>
<DELETED>    ``(iv) performance of training,
exercises, and operations.</DELETED>
<DELETED>    ``(6) Best practices, after action reviews, and
remedial action program.--</DELETED>
<DELETED>    ``(A) In general.--The Director, in
coordination with the National Council 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.</DELETED>
<DELETED>    ``(B) Remedial action.--The Director, in
coordination with the National Council on Disability
and the Task Force established under section 707(a),
shall ensure through a remedial action program that the
best practices and after action reviews identified
under subparagraph (A) are used to revise and update
the national emergency preparedness system, national
incident management system, and national response plan
on a continual basis.</DELETED>
<DELETED>    ``(7) Federal response capability inventory.--
</DELETED>
<DELETED>    ``(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 coordination with the heads of
other appropriate Federal agencies, shall develop and
maintain a Federal response capability inventory that
includes the performance parameters of the capability,
the timeframe within which the capability can be
brought to bear on an incident, and the readiness of
such capability to respond to all hazards, including
major disasters and other emergencies.</DELETED>
<DELETED>    ``(B) Department of defense.--The
Director, in coordination with the Secretary of
Defense, shall develop a list of organizations and
functions within the Department of Defense that may be
used, pursuant to the authority provided under sections
402, 403, and 502 of this Act, to provide support to
civil authorities during major disasters and other
emergencies.</DELETED>
<DELETED>    ``(8) Reporting requirements.--</DELETED>
<DELETED>    ``(A) Federal emergency preparedness
report.--</DELETED>
<DELETED>    ``(i) In general.--Not later than
12 months after the date of enactment of the
Restoring Emergency Services to Protect Our
Nation From Disasters Act of 2006, and annually
thereafter, the Director, in coordination with
the heads of other appropriate Federal
agencies, shall submit to the Committee on
Transportation and Infrastructure of the House
of Representatives and the Committee on
Homeland Security and Governmental Affairs of
the Senate a report on the Nation's level of
emergency preparedness.</DELETED>
<DELETED>    ``(ii) Contents.--Each report
shall include--</DELETED>
<DELETED>    ``(I) an assessment of how
Federal emergency preparedness
assistance supports the national
emergency preparedness
system;</DELETED>
<DELETED>    ``(II) an assessment of
compliance with the national emergency
preparedness system, national incident
management system, and national
response plan;</DELETED>
<DELETED>    ``(III) an assessment of
current Federal and State capability
levels and a description of target
capability levels defined pursuant to
the guidelines established under
paragraph (2)(A);</DELETED>
<DELETED>    ``(IV) an assessment of
performance of training, exercises, and
operations;</DELETED>
<DELETED>    ``(V) information on the
use of mutual aid agreements;</DELETED>
<DELETED>    ``(VI) a review of the
inventory described in paragraph
(7)(A); and</DELETED>
<DELETED>    ``(VII) an assessment of
resource needs to meet target
capability levels defined pursuant to
the guidelines established under
paragraph (2)(A), including--</DELETED>
<DELETED>    ``(aa) an estimate
of the amount of Federal,
State, and local expenditures
required to attain the target
capability levels;
and</DELETED>
<DELETED>    ``(bb) the extent
to which target capability
levels were created or enhanced
as the result of using covered
grant funds during the
preceding fiscal
year.</DELETED>
<DELETED>    ``(B) State emergency preparedness
report.--</DELETED>
<DELETED>    ``(i) In general.--Not later than
15 months after the date of enactment of the
Restoring Emergency Services to Protect Our
Nation 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.</DELETED>
<DELETED>    ``(ii) Contents.--Each report
shall include--</DELETED>
<DELETED>    ``(I) an assessment of
State compliance with the national
emergency preparedness system, national
incident management system, and
national response plan;</DELETED>
<DELETED>    ``(II) an assessment of
current capability levels and a
description of target capability
levels;</DELETED>
<DELETED>    ``(III) an assessment of
State performance of training,
exercises, and operations;</DELETED>
<DELETED>    ``(IV) information on the
use of mutual aid agreements;</DELETED>
<DELETED>    ``(V) information on the
distribution by the State of the
guidelines established by paragraph
(2)(A) to local governments within its
jurisdiction; and</DELETED>
<DELETED>    ``(VI) an assessment of
resource needs to meet target
capability levels defined pursuant to
the guidelines established under
paragraph (2)(A), including--</DELETED>
<DELETED>    ``(aa) an estimate
of the amount of expenditures
required to attain the target
capability levels;
and</DELETED>
<DELETED>    ``(bb) the extent
to which target capability
levels were created or enhanced
as the result of using covered
grant funds during the
preceding fiscal
year.</DELETED>
<DELETED>    ``(C) Use of quantifiable performance
measurements.--To the extent practicable, each report
shall be based on quantifiable performance
measurements.</DELETED>

<DELETED>``SEC. 704. NATIONAL INCIDENT MANAGEMENT SYSTEM.</DELETED>

<DELETED>    ``(a) National Incident Management System.--There is
hereby established a national incident management system that
encompasses 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 effectively together by
using a consistent approach to domestic incident management for all
hazards, including major disasters and other emergencies.</DELETED>
<DELETED>    ``(b) Responsibilities of Director.--</DELETED>
<DELETED>    ``(1) Responsibility for system.--The Director
shall be responsible for all aspects of the national incident
management system, including completing, implementing,
maintaining, and revising the system.</DELETED>
<DELETED>    ``(2) Coordination of system.--The Director shall
coordinate with the heads of other appropriate Federal agencies
in revising the system.</DELETED>

<DELETED>``SEC. 705. NATIONAL RESPONSE PLAN.</DELETED>

<DELETED>    ``(a) Responsibilities of Director.--</DELETED>
<DELETED>    ``(1) Responsibility for plan.--The Director shall
be responsible for all aspects of the national response plan,
including completing, implementing, maintaining, and revising
the plan.</DELETED>
<DELETED>    ``(2) Coordination of plan.--The Director shall
coordinate with the heads of other appropriate Federal
agencies, including the National Council on Disability, in
revising the plan.</DELETED>
<DELETED>    ``(b) Initial Review and Revision of Response Plan.--
</DELETED>
<DELETED>    ``(1) In general.--Not later than March 1, 2007,
the Director shall, in coordination with the heads of other
appropriate 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 purpose of identifying areas for
revision.</DELETED>
<DELETED>    ``(2) Review and revise.--As part of the review,
the Director shall review and revise the national response
plan--</DELETED>
<DELETED>    ``(A) to ensure integration and
consistency with the national incident management
system;</DELETED>
<DELETED>    ``(B) to establish a protocol for a
proactive Federal response in support of a State to a
catastrophic disaster with or without warning;
and</DELETED>
<DELETED>    ``(C) to clarify the role of who is in
charge of the Federal disaster response.</DELETED>
<DELETED>    ``(c) Mission Assignments.--To expedite the provision of
assistance under the national response plan, the Director, in
coordination 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.</DELETED>

<DELETED>``SEC. 706. FEDERAL EMERGENCY PREPAREDNESS.</DELETED>

<DELETED>    ``(a) Agency Responsibility.--In support of the national
emergency preparedness system established under this title, the
President shall ensure that each Federal agency with responsibility for
responding to major disasters and other emergencies shall--</DELETED>
<DELETED>    ``(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 decisions to meet the national emergency
preparedness goal;</DELETED>
<DELETED>    ``(2) have the operational command and control
structures that comply with the national incident management
system;</DELETED>
<DELETED>    ``(3) develop, in support of crisis operational
capability, a deliberate planning capability, including plans,
personnel, and training; and</DELETED>
<DELETED>    ``(4) develop, train, and exercise rosters of
disaster response personnel to be deployed when the
organization is called upon to support a Federal
response.</DELETED>
<DELETED>    ``(b) Construction.--Nothing in this section shall limit
the authority of the Secretary of Defense with regard to the command
and control, training, planning, equipment, exercises, or employment of
Department of Defense forces, or the allocation of Department of
Defense resources.</DELETED>

<DELETED>``SEC. 707. NATIONAL EMERGENCY PREPAREDNESS TASK
FORCE.</DELETED>

<DELETED>    ``(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 preparedness, response, recovery, and mitigation
efforts 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, national incident management system, and national
response plan.</DELETED>
<DELETED>    ``(b) Membership.--</DELETED>
<DELETED>    ``(1) In general.--The Task Force shall consist of
members appointed by the Director from State and local
emergency management organizations and governmental and
nongovernmental emergency response organizations from the State
and local levels.</DELETED>
<DELETED>    ``(2) Representation.--To the extent practicable,
Task Force members shall represent--</DELETED>
<DELETED>    ``(A) geographically diverse areas
(including urban and rural);</DELETED>
<DELETED>    ``(B) State and local emergency management
professional organizations; and</DELETED>
<DELETED>    ``(C) individuals involved in a cross
section of emergency response disciplines and
professions, including as appropriate fire service and
law enforcement, hazardous materials response,
emergency medical services, public works personnel
routinely engaged in emergency response, health
professionals, and organizations with expertise in
accrediting and establishing standards for emergency
management services.</DELETED>
<DELETED>    ``(3) Consultation with the department of health
and human services.--In the selection of members of the Task
Force who are health professionals, including emergency medical
professionals, the Director shall consult with the Secretary of
Health and Human Services.</DELETED>
<DELETED>    ``(4) Ex officio members.--The Director shall
designate one or more officers from the Federal Emergency
Management Agency to serve as an ex officio member of the Task
Force.</DELETED>

<DELETED>``SEC. 708. AUTHORIZATION.</DELETED>

<DELETED>    ``(a) In General.--The Director is authorized to make
grants to any State or local government for the purpose of carrying out
this title.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--Section 601 is amended by
inserting ``and title VII'' after ``this title''.</DELETED>

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
expenditures.
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.

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 government significantly
undermined and detracted from the heroic efforts 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 Security, in particular, are
unprepared for a major natural 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 Security and Governmental Affairs of the
Senate, the General Accountability Office, the Inspector
General of the Department of Homeland Security, and the
Homeland Security Council established by the President,
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 Homeland Security
placed an additional layer of management 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 important 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
response to Hurricane Katrina.
(8) The transfer of FEMA's preparedness grants and
functions to other entities of the Department of Homeland
Security, FEMA's tremendous loss of experienced professional
personnel, and the reduction of FEMA's funding for equipment,
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 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 Hurricane 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 management capabilities have improved
little and even declined in some important respects. Federal
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 disasters.
(12) Comprehensive reform of the Nation's emergency
management system is necessary to address the dangers presented
by major disasters and emergencies of all kinds.
(13) The Nation's emergency management system is based on
the following general principles:
(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 provided in support of
civil authorities.
(14) Large disasters require presidential 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 advice
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
responsible for disaster management.
(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.
(17) FEMA should be reestablished as an independent
cabinet-level agency to coordinate the Federal response on
behalf of the President and to lead the Nation's efforts to
improve the Nation's all-hazards emergency management system.
(18) Establishing FEMA as an independent agency will enable
the Department of Homeland Security to refocus efforts on
preventing terrorism and free FEMA from internal competition
with the terrorism prevention entities of the Department 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 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 hazards emergency
management system and terrorism preparedness must be resolved.
An all-hazards approach fully addresses terrorism, but
preparing for 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 disasters.
(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 domestic
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 preparedness level; and
(D) ensure that lessons learned and best practices
are fully incorporated into the further development of
the emergency preparedness system.

SEC. 3. DEFINITIONS.

(a) In General.--In this Act, the following definitions 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. 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 Robert T.
Stafford Disaster Relief and Emergency 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.
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
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 establishment in
the executive branch.
(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 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 prescribed 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 hazards, 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 Federal, State, and local emergency
management capabilities and readiness to effectively
respond to, recover from, and mitigate against all
hazards;
(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, recovery, and
mitigation.
(3) Preparing and implementing the Federal Government's
plans and programs 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 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 President, by and with the advice
and consent of the Senate, and who shall report directly to the
President. 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 individuals who have extensive experience in emergency
preparedness, response, recovery, and mitigation for all
hazards, including major disasters, acts of terrorism, and
other emergencies.
(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 Management 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, response, recovery, and mitigation for
all hazards, including 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
(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 Inspector General, 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 Homeland 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 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 Agency 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 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 Control 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, 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, employees, and other
personnel of the Agency with respect to functions transferred
by this section; and
(2) funds appropriated to such functions for such period of
time as may reasonably be needed to facilitate the orderly
implementation of this section.
(d) Liaison Office to Ensure Coordination With the Department of
Homeland Security.--The Director shall establish a liaison office
within the Agency to ensure adequate coordination with the Department
of Homeland Security during an actual or potential terrorist incident.

SEC. 106. PERSONNEL AND OTHER TRANSFERS.

(a) Personnel Provisions.--
(1) Appointments.--The Director may appoint and fix the
compensation of such officers and employees, including
investigators, attorneys, and administrative law judges, as may
be necessary to carry out the respective functions transferred
under section 105. Except as otherwise provided by law, such
officers and employees shall be appointed in accordance with
the civil service laws and their compensation fixed in
accordance with title 5, United States Code.
(2) Experts and consultants.--The Director may obtain the
services of experts and consultants in accordance with section
3109 of title 5, United States Code, and compensate such
experts and consultants for each day (including traveltime)
during which they are engaged in the actual performance of such
services at rates not in excess of the rate of pay for level IV
of the Executive Schedule under section 5315 of such title. The
Director may pay experts and consultants who are serving away
from their homes or regular place of business, travel expenses
and per diem in lieu of subsistence at rates authorized by
sections 5702 and 5703 of such title for persons in Government
service employed intermittently.
(b) Delegation and Assignment.--Except where otherwise expressly
prohibited by law or otherwise provided by this title, the Director may
delegate any of the functions transferred to the Director by section
105 and any function transferred or granted to the Director after the
date of the transfers by section 105 to such officers and employees of
the Agency as the Director may designate and may authorize successive
redelegations of such functions as may be necessary or appropriate. No
delegation of functions by the Director under this subsection or under
any other provision of this title shall relieve the Director of
responsibility for the administration of such functions.
(c) Reorganization.--The Director may allocate or reallocate any
function transferred under section 105 among the officers of the
Agency, and may establish, consolidate, alter, or discontinue such
organizational entities in the Agency as may be necessary or
appropriate if the Director, on or before the 30th day preceding the
date of the allocation or reallocation, provides to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate written notice of the allocation or reallocation.
(d) Rules.--The Director may prescribe, in accordance with the
provisions of chapters 5 and 6 of title 5, United States Code, such
rules and regulations as the Director determines necessary or
appropriate to administer and manage the functions of the Agency.
(e) Transfer and Allocations of Appropriations and Personnel.--
Except as otherwise provided in this title, the personnel employed in
connection with, and the assets, liabilities, contracts, property,
records, and unexpended balances of appropriations, authorizations,
allocations, and other funds employed, used, held, arising from,
available to, or to be made available in connection with the functions
transferred by section 105, subject to section 1531 of title 31, United
States Code, shall be transferred to the Agency. Unexpended funds
transferred pursuant to this subsection shall be used only for the
purposes for which the funds were originally authorized and
appropriated.
(f) Incidental Transfers.--The Director of the Office of Management
and Budget, in consultation with the Director, may make such
determinations as may be necessary with regard to the functions
transferred by section 105, and may make such additional incidental
dispositions of personnel, assets, liabilities, grants, contracts,
property, records, and unexpended balances of appropriations,
authorizations, allocations, and other funds held, used, arising from,
available to, or to be made available in connection with such
functions, as may be necessary to carry out the provisions of this
title. The Director of the Office of Management and Budget shall
provide for the termination of the affairs of all entities terminated
by this title and for such further measures and dispositions as may be
necessary to effectuate the purposes of this title.
(g) Effect on Personnel.--
(1) In general.--Except as otherwise provided by this
title, the transfer pursuant to this title of full-time
personnel (except special Government employees) and part-time
personnel holding permanent positions shall not cause any such
employee to be separated or reduced in grade or compensation
for one year after the date of transfer of such employee under
this title.
(2) Executive schedule positions.--Except as otherwise
provided in this title, any person who, on the day preceding
the date of the transfers of functions under section 105, held
a position compensated in accordance with the Executive
Schedule prescribed in chapter 53 of title 5, United States
Code, and who, without a break in service, is appointed in the
Agency to a position having duties comparable to the duties
performed immediately preceding such appointment shall continue
to be compensated in such new position at not less than the
rate provided for such previous position, for the duration of
the service of such person in such new position.

SEC. 107. SAVINGS PROVISIONS.

(a) Savings Provisions.--
(1) Continuing effect of legal documents.--All orders,
determinations, rules, regulations, permits, agreements,
grants, contracts, certificates, licenses, registrations,
privileges, and other administrative actions--
(A) which have been issued, made, granted, or
allowed to become effective by the President, any
Federal agency or official thereof, or by a court of
competent jurisdiction, in the performance of functions
that are transferred under section 105; and
(B) which are in effect on the date of the
transfers of functions under section 105, or were final
before such date and are to become effective on or
after such date, shall continue in effect according to
their terms until modified, terminated, superseded, set
aside, or revoked in accordance with law by the
President, the Director, or other authorized official,
a court of competent jurisdiction, or by operation of
law.
(2) Proceedings not affected.--The provisions of this title
shall not affect any proceedings, including notices of proposed
rulemaking, or any application for any license, permit,
certificate, or financial assistance pending before the Agency
on the date of the transfers of functions under section 105,
with respect to functions transferred by section 105 but such
proceedings and applications shall continue. Orders shall be
issued in such proceedings, appeals shall be taken therefrom,
and payments shall be made pursuant to such orders, as if this
title had not been enacted, and orders issued in any such
proceedings shall continue in effect until modified,
terminated, superseded, or revoked by a duly authorized
official, by a court of competent jurisdiction, or by operation
of law. Nothing in this paragraph shall be deemed to prohibit
the discontinuance or modification of any such proceeding under
the same terms and conditions and to the same extent that such
proceeding could have been discontinued or modified if this
title had not been enacted.
(3) Suits not affected.--The provisions of this title shall
not affect suits commenced before the date of the transfers of
functions under section 105, and in all such suits, proceedings
shall be had, appeals taken, and judgments rendered in the same
manner and with the same effect as if this title had not been
enacted.
(4) Nonabatement of actions.--No suit, action, or other
proceeding commenced by or against the Agency, or by or against
any individual in the official capacity of such individual as
an officer of the Agency, shall abate by reason of the
enactment of this title.
(5) Administrative actions relating to promulgation of
regulations.--Any administrative action relating to the
preparation or promulgation of a regulation by the Agency
relating to a function transferred under section 105 may be
continued by the Agency with the same effect as if this title
had not been enacted.
(b) References.--Any reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document of
or pertaining to a department, agency, or office from which a function
is transferred by section 105--
(1) to the head of such department, agency, or office is
deemed to refer to the head of the department, agency, or
office to which such function is transferred; or
(2) to such department, agency, or office is deemed to
refer to the department, agency, or office to which such
function is transferred.

SEC. 108. CONFORMING AND TECHNICAL AMENDMENTS.

(a) Chief Financial Officer.--Section 901(b)(2) of title 31, United
States Code, is amended by adding at the end the following:
``(H) The Federal Emergency Management Agency.''.
(b) Recommended Legislation.--
(1) In general.--After consultation with the appropriate
committees of Congress and the Director of the Office of
Management and Budget, the Director shall prepare recommended
legislation containing technical and conforming amendments to
reflect the changes made by this title.
(2) Submission to congress.--Not later than 90 days after
the last day of the transition period referred to in section
105(b), the Director shall submit to Congress a report
containing the recommended legislation.
(c) Repeals.--
(1) In General.--The following provisions of the Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.) are repealed:
(A) Section 503(1).
(B) Section 507.
(2)Table of Contents.--The table of contents contained in section
1(b) of such Act is amended by striking the item relating to section
507.

Subtitle B--Federal Emergency Management Agency Personnel

SEC. 121. WORKFORCE DEVELOPMENT.

(a) In General.--Subpart I of part III of title 5, United States
Code, is amended by adding at the end the following:

``CHAPTER 101--FEDERAL EMERGENCY 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.
``Sec. 10101. Definitions
``For purposes of this chapter--
``(1) the term `Federal Emergency Management Agency' or
`Agency' shall be considered to refer to the Federal Emergency
Management Agency established under section 101 of the RESPOND
Act of 2006; and
``(2) the term `Director of the Federal Emergency
Management Agency' or `Director' shall be considered to refer
to the Director of the Federal Emergency Management Agency
appointed under section 103 of the RESPOND Act of 2006.
``Sec. 10102. Human capital strategy
``(a) In General.--The Director of the Federal Emergency Management
Agency shall develop a human capital strategy to ensure that the Agency
has a workforce of the appropriate size and with the appropriate skills
and training to effectively carry out the mission and responsibilities
of the Agency, consistent with the policies and plans developed
pursuant to this section.
``(b) Content.--The strategy shall include, at a minimum--
``(1) a workforce development strategy for the Agency;
``(2) an assessment of the workforce characteristics and
future needs of the Agency;
``(3) an analysis of how the Agency's human resources
policies and programs align with the Agency's mission,
strategic goals, and performance outcomes; and
``(4) any other elements that the Director determines
necessary to develop and maintain a human capital strategy,
including elements described in section 1402.
``(c) Schedule.--The Director shall transmit to Congress--
``(1) the strategy developed under this section not later
than 6 months after the date of enactment of this chapter; and
``(2) periodic updates to the strategy referred to in
paragraph (1).
``Sec. 10103. Recruitment bonuses for the Federal Emergency Management
Agency
``(a) In General.--The Director of the Federal Emergency Management
Agency may pay a bonus to an individual in order to recruit the
individual for a position within the Agency that would otherwise be
difficult to fill in the absence of such a bonus.
``(b) Bonus Amount.--
``(1) In general.--The amount of a bonus under this section
shall be determined by the Director, but may not exceed 25
percent of the annual rate of basic pay of the position
involved.
``(2) Form of payment.--A bonus under this section shall be
paid in the form of a lump-sum payment and shall not be
considered to be part of basic pay.
``(c) Service Agreements.--Payment of a bonus under this section
shall be contingent upon the employee entering into a written service
agreement with the Federal Emergency Management Agency. The agreement
shall include--
``(1) the period of service the individual shall be
required to complete in return for the bonus; and
``(2) the conditions under which the agreement may be
terminated before the agreed-upon service period has been
completed, and the effect of the termination.
``(d) Eligibility.--A bonus under this section may not be paid to
recruit an individual for--
``(1) a position to which an individual is appointed by the
President, by and with the advice and consent of the Senate;
``(2) a position in the Senior Executive Service as a
noncareer appointee (as defined in section 3132(a)); or
``(3) a position which has been excepted from the
competitive service by reason of its confidential, policy-
determining, policy-making, or policy-advocating character.
``(e) Termination.--The authority to pay bonuses under this section
shall terminate 5 years after the date of enactment of this chapter.
``Sec. 10104. Retention bonuses for the Federal Emergency Management
Agency
``(a) Authority.--The Director of the Federal Emergency Management
Agency may pay, on a case-by-case basis, a bonus under this section to
an employee of the Agency if--
``(1) the unusually high or unique qualifications of the
employee or a special need of the Agency for the employee's
services makes it essential to retain the employee; and
``(2) the Director determines that, in the absence of such
a bonus, the employee would be likely to leave--
``(A) the Federal service; or
``(B) for a different position in the Federal
service.
``(b) Service Agreement.--Payment of a bonus under this section is
contingent upon the employee entering into a written service agreement
with the Agency to complete a period of service with the Agency. Such
agreement shall include--
``(1) the period of service the individual shall be
required to complete in return for the bonus; and
``(2) the conditions under which the agreement may be
terminated before the agreed-upon service period has been
completed, and the effect of the termination.
``(c) Bonus Amount.--
``(1) In general.--The amount of a bonus under this section
shall be determined by the Director, but may not exceed 25
percent of the annual rate of basic pay of the position
involved.
``(2) Form of payment.--A bonus under this section shall be
paid in the form of a lump-sum payment and shall not be
considered to be part of basic pay.
``(d) Limitation.--A bonus under this section may not be based on
any period of service which is the basis for a recruitment bonus under
section 10103.
``(e) Termination of Authority.--The authority to grant bonuses
under this section shall expire 5 years after the date of enactment of
this chapter.
``Sec. 10105. Disaster workforce reserve cadre
``(a) Establishment.--There is established within the Federal
Emergency Management Agency a disaster workforce reserve cadre to meet
the Agency's surge requirements during periods of emergency, as
determined by the Director of the Federal Emergency Management Agency.
``(b) Review.--Not later than 90 days after the date of enactment
of this chapter, the Director shall conduct a comprehensive review of
the current disaster workforce reserves for the purpose of identifying
areas for redevelopment. As part of the review, the Director shall
review and redevelop the disaster workforce to create a capable cadre
by--
``(1) providing for the effective utilization of the
disaster workforce;
``(2) establishing consistent and shorter disaster
workforce mobilization times;
``(3) establishing standards to meet mission requirements;
``(4) establishing a robust credentialing system for the
disaster workforce to integrate capabilities and skill sets
into job descriptions for a more effective and faster response
capability;
``(5) establishing employment protections for disaster
workforce reservists; and
``(6) establishing a streamlined deployment system.
``(c) Annuitants.--If an individual receiving an annuity from the
Civil Service Retirement and Disability Fund becomes temporarily
reemployed pursuant to this section, such annuity shall not be
discontinued thereby. An individual so reemployed shall not be
considered an employee for the purposes of chapter 83 or 84.
``(d) Expenses.--The Director may provide members of the disaster
workforce reserve cadre transportation and per diem in lieu of
subsistence, in accordance with applicable provisions of this title,
for the purpose of participating in any training that relates to
service as a member of the disaster workforce reserve cadre.''.
(b) Conforming Amendment.--The table of chapters for subpart I of
part III of title 5, United States Code, is amended by adding at the
end the following:

``101. Federal Emergency Management Agency Personnel.......    10101''.

TITLE II--STRENGTHENING THE FEDERAL EMERGENCY MANAGEMENT AGENCY

SEC. 201. CATASTROPHIC PLANNING PROGRAM.

Subtitle A of title VI of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5196 et seq.) is amended by
adding at the end the following:

``SEC. 616. CATASTROPHIC PLANNING PROGRAM.

``(a) Establishment.--The Director shall establish a program to
assist States and local governments representing areas at substantial
risk for a catastrophic incident, and other Federal agencies as
appropriate, in developing a comprehensive program to prepare for a
catastrophic incident.
``(b) Activities.--The program may include planning, training,
exercises, and such other activities as the Director considers
necessary.
``(c) Site Selection.--In conducting the program, the Director, in
coordination with a State or local government, shall select sites
within the jurisdiction of such State or local government that are at
substantial risk for a catastrophic incident and require additional
preparedness activities to ensure an effective response and recovery.
``(d) Catastrophic Incident.--In this section, the term
`catastrophic incident' means any natural or manmade incident,
including terrorism, that results in extraordinary levels of mass
casualties, damage, or disruption severely affecting the population,
infrastructure, environment, economy, national morale, or government
functions.
``(e) Report.--The Director shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate a report on the preparedness levels of participating
jurisdictions.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to 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. 202. EMERGENCY RESPONSE TEAMS.

Section 303 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5144) is amended--
(1) by striking the section heading and all that follows
through ``The President shall'' and inserting the following:

``SEC. 303. EMERGENCY SUPPORT AND RESPONSE TEAMS.

``(a) Emergency Support Teams.--The President shall''; and
(2) by adding at the end the following:
``(b) Emergency Response Teams.--
``(1) Establishment.--In carrying out subsection (a), the
President, acting through the Director of the Federal Emergency
Management Agency, shall establish at a minimum 3 national
response teams and sufficient regional and other response teams
as may be necessary to meet the incident management
responsibilities of the Federal Government.
``(2) Target capability level.--The Director shall ensure
that specific target capability levels, as defined pursuant to
the guidelines established under section 703(b)(2)(A), are
established for Federal emergency response teams.
``(3) Personnel.--The President, acting through the
Director, shall ensure that the Federal emergency response
teams consist of adequate numbers of properly planned,
organized, equipped, trained, and exercised personnel to
achieve the established target capability levels. Each
emergency response team shall work in coordination with State
and local officials and onsite emergency personnel associated
with a particular incident.
``(4) Readiness reporting.--The Director shall evaluate
team readiness on a regular basis and report team readiness
levels in the report required under section 703(b)(8)(A).''.

SEC. 203. EMERGENCY OPERATIONS CENTERS.

(a) National.--The Director shall maintain and operate within the
Federal Emergency Management Agency a national emergency operations
center to support Federal emergency operations.
(b) Regional.--The Director shall ensure that each region of the
Agency maintains and operates an emergency operations center to support
Federal emergency operations.
(c) Target Capability Levels.--The Director shall ensure that
specific target capability levels, as defined pursuant to the
guidelines established under section 703(b)(2)(A) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (as added by this
Act), are established for national and regional emergency operations
centers.
(d) Personnel.--The Director shall ensure that the national and
regional emergency operations centers consist of adequate numbers of
properly planned, organized, equipped, trained, and exercised personnel
to achieve the established target capability levels.
(e) Readiness Reporting.--The Director shall evaluate the readiness
of the emergency operations centers on a regular basis and report
readiness levels in the report required under section 703(b)(8)(A) of
such Act.

SEC. 204. LOGISTICS.

(a) In General.--The Director shall develop an efficient,
transparent, and flexible logistics system for procurement and delivery
of goods and services necessary for an effective and timely response to
major disasters and other emergencies and for real-time visibility of
items at each point throughout the logistics system.
(b) System Development.--The Director shall ensure that the
logistics system is developed through the use of in-house, private
sector, and other Federal agency logistics capabilities (or a
combination thereof).
(c) State and Local Contracts.--The Director shall encourage State
and local governments to establish contracts with vendors for disaster
relief supplies in advance of major disasters and other emergencies.

SEC. 205. PREPOSITIONED EQUIPMENT PROGRAM.

(a) Notice.--The Director shall notify State and local officials in
an area in which a location for the prepositioned equipment program
will be closed at least 60 days before the date of such closure.
(b) Sense of Congress.--It is the sense of Congress that the pre-
positioned equipment program is an important all-hazard disaster relief
tool, which is strongly supported by the Nation's first responder
communities, should be continued in at least 11 locations, and should
be funded at the level required to effectively carry out the program.

SEC. 206. COMMUNICATIONS.

(a) Communications Capability.--The Director shall establish and
maintain a durable, deployable, operable, and interoperable
communications capability within the Agency in order to gain and retain
incident management communications in areas that have lost regular
communications systems during major disasters and other emergencies.
(b) Reconnaissance Teams.--The Director shall establish self-
sustaining reconnaissance teams to relay information back to Agency
headquarters to improve situational awareness and incident management
coordination.

SEC. 207. EMERGENCY EQUIPMENT ASSISTANCE.

Subtitle B of title VI of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5197 et seq.) is amended by
adding at the end the following:

``SEC. 630. EMERGENCY EQUIPMENT ASSISTANCE.

``(a) Grants.--The Director shall carry out a program to make
grants to States and local governments to improve the response
capabilities of the States and local governments in the event of a
major disaster or other emergency.
``(b) Use of Funds.--Grants amounts received by a State or local
government under this section shall be used--
``(1) to purchase or improve commercially available
interoperable communications equipment that--
``(A) complies with, where applicable, national
voluntary consensus standards;
``(B) facilitates operability, interoperability,
coordination, and integration between and among
emergency communications systems (including satellite
phone and satellite communications equipment); and
``(C) ensures that first responders, government
officials, and emergency personnel are able to
adequately and effectively communicate with each other
in the event of a major disaster or other emergency;
``(2) to purchase mobile equipment to generate emergency
power; and
``(3) to train first responders and emergency personnel on
how best to use effectively such equipment.
``(c) Applications.--A State or local government seeking a grant
under this section shall submit to the Director an application at such
time, in such manner, and accompanied by such information as the
Director may require.
``(d) Technical Assistance.--The Director shall provide to States
and local governments technical assistance with respect to the
procurement, installation, and use of equipment under subsection
(b)(1).
``(e) Coordination.--In implementing the program, the Director
shall ensure the coordination with other emergency equipment assistance
grant programs.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $200,000,000 for each of fiscal
years 2007, 2008, and 2009. Such sums shall remain available until
expended.''.

SEC. 208. OVERSIGHT AND ACCOUNTABILITY OF FEDERAL DISASTER
EXPENDITURES.

(a) Purpose.--The purposes of this section is to ensure that
Federal agencies exercise sufficient stewardship over the funds
provided to the agencies through Agency mission assignments for
disaster response, relief, and recovery activities by requiring and
funding management oversight activities to prevent fraud, waste, and
abuse and to detect and pursue prosecution of fraud so that taxpayers'
interests are fully protected.
(b) Authority of Director to Designate Funds for Oversight
Activities.--The Director may designate up to one percent of the total
amount provided to a Federal agency for a mission assignment as
oversight funds to be used by the recipient agency for performing
oversight of activities carried out under the Agency reimbursable
mission assignment process. Such funds shall remain available until
expended.
(c) Use of Funds.--
(1) Types of oversight activities.--Oversight funds may be
used for the following types of oversight activities related to
Agency mission assignments:
(A) Monitoring, tracking, and auditing expenditures
of funds.
(B) Ensuring that sufficient management and
internal control mechanisms are available so that
Agency funds are spent appropriately and in accordance
with all applicable laws and regulations.
(C) Reviewing selected contracts and other
activities.
(D) Investigating allegations of fraud involving
Agency funds.
(E) Conducting and participating in fraud
prevention activities with other Federal, State, and
local government personnel and contractors.
(2) Plans and reports.--Oversight funds may be used to
issue the plans required under subsection (f) and the reports
required under subsection (g).
(d) Restriction on Use of Funds.--Oversight funds may not be used
to finance existing agency oversight responsibilities related to direct
agency appropriations used for disaster response, relief, and recovery
activities.
(e) Methods of Oversight Activities.--
(1) In general.--Oversight activities may be carried out by
an agency under this section either directly or by contract.
Such activities may include evaluations and financial and
performance audits.
(2) Coordination of oversight activities.--Before entering
into a contract for a financial or performance audit to be
performed under this section, the head of an agency shall
coordinate with the Inspector General of the agency or, if the
agency does not have an Inspector General, with the Inspector
General of the Federal Emergency Management Agency.
(f) Development of Oversight Plans.--
(1) In general.--If an agency receives oversight funds for
a fiscal year, the head of the agency shall prepare a plan
describing the oversight activities for disaster response,
relief, and recovery anticipated to be undertaken during the
subsequent fiscal year.
(2) Selection of oversight activities.--In preparing the
plan, the head of the agency shall select oversight activities
based upon a risk assessment of those areas that present the
greatest risk of fraud, waste, and abuse.
(3) Schedule.--The plan shall include a schedule for
conducting oversight activities, including anticipated dates of
completion.
(g) Federal Disaster Assistance Accountability Reports.--A Federal
agency receiving oversight funds under this section shall submit
annually to the Director and the appropriate committees of Congress a
consolidated report regarding the use of such funds, including
information summarizing oversight activities and the results achieved.
(h) Oversight Funds.--In this section, the term ``oversight funds''
means funds referred to in subsection (b) that are designated for use
in performing oversight activities.

SEC. 209. NONDISCRIMINATION IN DISASTER ASSISTANCE WITH RESPECT TO
ENGLISH PROFICIENCY.

(a) In General.--Section 308(a) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5151(a)) is amended by
inserting ``English proficiency,'' after ``age,''.
(b) Nondiscrimination in Disaster Assistance With Respect to
English Proficiency.--Consistent with section 308(a) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5151(a)), as amended by this section, the Director shall--
(1) identify, in coordination with State and local
governments, population groups with limited English proficiency
and take into account such groups in disaster preparedness
planning;
(2) ensure that information made available to individuals
affected by a major disaster or emergency is translated and
made available to the population groups identified in paragraph
(1); and
(3) develop and maintain an informational clearinghouse of
model language assistance programs and best practices for State
and local governments in providing disaster and emergency
related services.
(c) Group Size.--For purposes of subsection (b), the Director shall
define the size of a population group.

TITLE III--COMPREHENSIVE EMERGENCY PREPAREDNESS SYSTEM

SEC. 301. NATIONAL EMERGENCY PREPAREDNESS.

(a) In General.--The Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122 et seq.) is amended--
(1) by redesignating title VII as title VIII;
(2) by redesignating sections 701 through 705 as sections
801 through 805, respectively; and
(3) by inserting after title VI the following:

``TITLE VII--COMPREHENSIVE EMERGENCY PREPAREDNESS SYSTEM

``SEC. 701. DEFINITIONS.

``In this title, the definitions contained in section 602 and the
following definitions apply:
``(1) Capability.--The term `capability' means the ability
to provide the means to accomplish one or more tasks under
specific conditions and to specific performance standards. A
capability may be delivered with any combination of properly
planned, organized, equipped, trained, and exercised personnel
that achieves the intended outcome.
``(2) Covered grant.--The term `covered grant' means a
grant referred to in section 709 and any other emergency
preparedness grant administered by the Federal Emergency
Management Agency.
``(3) 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
managerial controls, and guidance.
``(4) Operational readiness.--The term `operational
readiness' means the capability of an organization, an asset, a
system, or equipment to perform the missions or functions for
which it is organized or designed.
``(5) Performance measure.--The term `performance measure'
means a quantitative or qualitative characteristic used to
gauge the results of an outcome compared to its intended
purpose.
``(6) Performance metric.--The term `performance metric'
means a particular value or characteristic used to measure the
outcome that is generally expressed in terms of a baseline and
a target.

``SEC. 702. NATIONAL EMERGENCY PREPAREDNESS GOAL.

``(a) Establishment.--The President, acting through the Director,
shall establish and revise as necessary a national emergency
preparedness goal that defines the target level of emergency
preparedness to ensure the Nation's ability to respond to, recover
from, and mitigate against all hazards, including major disasters and
other emergencies.
``(b) National Incident Management System and National Response
Plan.--The national emergency preparedness goal, to the greatest extent
practicable, shall be consistent with the national incident management
system and national response plan.

``SEC. 703. ESTABLISHMENT OF THE NATIONAL EMERGENCY PREPAREDNESS
SYSTEM.

``(a) Establishment.--The President, acting through the Director,
shall establish a national emergency preparedness system to enable the
Nation to meet the national emergency preparedness goal.
``(b) Components.--The national emergency preparedness system
includes the following components:
``(1) National planning scenarios.--
``(A) In general.--The Director, in coordination
with the heads of other appropriate Federal agencies
and the Task Force established under section 707(a),
may develop planning scenarios to reflect the relative
risk requirements presented by all hazards in order to
provide the foundation for the flexible and adaptive
development of target capabilities and the
identification of target capability levels to meet the
national emergency preparedness goal.
``(B) Development.--In developing national planning
scenarios, the Director shall ensure that the
scenarios--
``(i) reflect the relative risk of all
hazards and illustrate the potential scope,
magnitude, and complexity of a broad range of
representative hazards; and
``(ii) provide the minimum number of
representative scenarios necessary to identify
and define the tasks and target capabilities
required to respond to all hazards.
``(2) Target capabilities and emergency preparedness
priorities.--
``(A) Establishment of guidelines on target
capabilities.--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 coordination with the heads of other
appropriate Federal agencies, including the National
Council on Disability, and the Task Force established
under section 707(a), shall update and revise as
necessary guidelines to define the risk-based target
capabilities for Federal, State, and local government
emergency preparedness that enables the Nation to
respond to, recover from, and mitigate against all
hazards, including major disasters and other
emergencies.
``(B) Distribution of guidelines.--The Director
shall ensure that the guidelines are provided promptly
to Congress and the States. The States are encouraged
to make the guidelines available to local governments
within their jurisdictions.
``(C) Objectives.--The Director shall ensure that
the guidelines established under subparagraph (A) meet
the following objectives:
``(i) Specificity.--The guidelines
specifically describe the training, planning,
personnel, and equipment that Federal, State,
and local governments need to possess, or to
which they need to have access, in order to
meet the national emergency preparedness goal.
``(ii) Flexibility.--The guidelines are
sufficiently flexible to allow Federal, State,
and local government officials to set
priorities based on particular needs, while
achieving nationally determined emergency
preparedness levels within a specified time
period.
``(iii) Measurability.--The guidelines are
designed to enable measurement of progress
toward specific emergency preparedness levels.
``(D) Emergency preparedness priorities.--In
establishing the guidelines under subparagraph (A), the
Director shall establish emergency preparedness
priorities that appropriately balance the risk of all
hazards, including major disasters and other
emergencies with the resources required to respond to,
recover from, and mitigate against them.
``(E) Mutual aid agreements.--The Director may
provide support for the development of mutual aid
agreements within States.
``(3) Equipment.--
``(A) Equipment standards.--
``(i) In general.--The Director, in
coordination with the heads of other
appropriate Federal agencies and the Task Force
established under section 707(a), shall
develop, promulgate, and update as necessary
national voluntary consensus standards for
first responder equipment for use in the field.
In developing such standards, the Director
shall--
``(I) ensure that the standards
encourage and support nationwide
interoperability and operability of
equipment and other capabilities
consistent with the national emergency
preparedness goal, including the safety
and health of first responders;
``(II) to the maximum extent
practicable, ensure that the standards
are consistent with any existing
voluntary consensus standards;
``(III) to the maximum extent
practicable, ensure that the standards
use technologies 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 enactment of the Restoring
Emergency Services to Protect Our Nation From
Disasters Act of 2006, the Director shall
promulgate standards under this subparagraph.
``(B) Consultation with standards organizations.--
Before issuing standards, the Director shall also
consult 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 coordination with the heads of other
appropriate Federal agencies, including the National
Council on Disability, and the Task Force established
under section 707(a), shall establish and maintain a
comprehensive training program for all levels of
government to implement the national emergency
preparedness goal, national incident management system,
and national response plan.
``(B) Training standards.--The Director shall
develop and update as necessary, national voluntary
consensus standards for the training program
established under subparagraph (A).
``(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 scenarios that stress the emergency management
system, to conduct emergency preparedness-related
exercises that reinforce identified training standards,
provide for evaluation of emergency preparedness, and
support the national emergency preparedness goal,
national incident management system, and national
response plan.
``(5) Comprehensive assessment system.--
``(A) Establishment.--The Director, in coordination
with the National Council on Disability and the Task
Force established under section 707(a), shall establish
a comprehensive system to assess on an ongoing basis,
the Nation's overall emergency preparedness, including
operational readiness.
``(B) Performance metrics and measures.--The
Director shall ensure that each component of the
national emergency preparedness system, national
incident management system, and national response plan
is developed with clear and quantifiable performance
metrics, measures, and outcomes.
``(C) Contents.--The assessment system established
under subparagraph (A) shall assess--
``(i) compliance with the national
emergency preparedness system, national
incident management system, and national
response plan to achieve a consistent approach
to national emergency preparedness and
response;
``(ii) capability levels at the time of
assessment against target capability levels
defined pursuant to the guidelines established
under paragraph (2)(A);
``(iii) resource needs to meet the desired
target capability levels defined pursuant to
the guidelines established under paragraph
(2)(A); and
``(iv) performance of training, exercises,
and operations.
``(6) Best practices, after action reviews, and remedial
action program.--
``(A) In general.--The Director, in coordination
with the National Council 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 Director, in
coordination with the National Council on Disability
and the Task Force established under section 707(a),
shall ensure through a remedial action program that the
best practices and after action reviews identified
under subparagraph (A) are used to revise and update
the national emergency preparedness system, national
incident management system, and national response plan
on a continual basis.
``(7) Federal response capability inventory.--
``(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 coordination with the heads of
other appropriate Federal agencies, shall develop and
maintain a Federal response capability inventory that
includes the performance parameters of the capability,
the timeframe within which the capability can be
brought to bear on an incident, and the readiness of
such capability to respond to all hazards, including
major disasters and other emergencies.
``(B) Department of defense.--The Director, in
coordination with the Secretary of Defense, shall
develop a list of organizations and functions within
the Department of Defense that may be used, pursuant to
the authority provided under sections 402, 403, and 502
of this Act, to provide support to civil authorities
during major disasters and other emergencies.
``(8) Reporting requirements.--
``(A) Federal emergency preparedness report.--
``(i) In general.--Not later than 12 months
after the date of enactment of the Restoring
Emergency Services to Protect Our Nation From
Disasters Act of 2006, and annually thereafter,
the Director, in coordination with the heads of
other appropriate Federal agencies, shall
submit to the Committee on Transportation and
Infrastructure of the House of Representatives
and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on
the Nation's level of emergency preparedness.
``(ii) Contents.--Each report shall
include--
``(I) an assessment of how Federal
emergency preparedness assistance
supports the national emergency
preparedness system;
``(II) an assessment of compliance
with the national emergency
preparedness system, national incident
management system, and national
response plan;
``(III) an assessment of current
Federal and State capability levels and
a description of target capability
levels defined pursuant to the
guidelines established under paragraph
(2)(A);
``(IV) an assessment of performance
of training, exercises, and operations;
``(V) information on the use of
mutual aid agreements;
``(VI) a review of the inventory
described in paragraph (7)(A); and
``(VII) an assessment of resource
needs to meet target capability levels
defined pursuant to the guidelines
established under paragraph (2)(A),
including--
``(aa) an estimate of the
amount of Federal, State, and
local expenditures required to
attain the target capability
levels; and
``(bb) the extent to which
target capability levels were
created or enhanced as the
result of using covered grant
funds during the preceding
fiscal year.
``(B) State emergency preparedness report.--
``(i) In general.--Not later than 15 months
after the date of enactment of the Restoring
Emergency Services to Protect Our Nation 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 system, national incident
management system, and national
response plan;
``(II) an assessment of current
capability levels and a description of
target capability 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 governments within its
jurisdiction; and
``(VI) an assessment of resource
needs to meet target capability levels
defined pursuant to the guidelines
established under paragraph (2)(A),
including--
``(aa) an estimate of the
amount of expenditures required
to attain the target capability
levels; and
``(bb) the extent to which
target capability levels were
created or enhanced as the
result of using covered grant
funds during the preceding
fiscal year.
``(C) Use of quantifiable performance
measurements.--To the extent practicable, each report
shall be based on quantifiable performance
measurements.

``SEC. 704. NATIONAL INCIDENT MANAGEMENT SYSTEM.

``(a) National Incident Management System.--There is hereby
established a national incident management system that encompasses 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 effectively together by using a
consistent approach to domestic incident management for all hazards,
including major disasters and other emergencies.
``(b) Responsibilities of Director.--
``(1) Responsibility for system.--The Director shall be
responsible for all aspects of the national incident management
system, including completing, implementing, 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 aspects of the national response plan,
including completing, implementing, maintaining, and revising
the plan.
``(2) Coordination of plan.--The Director shall coordinate
with the heads of other appropriate Federal agencies, including
the National Council on Disability, in revising the plan.
``(b) Initial Review and Revision of Response Plan.--
``(1) In general.--Not later than March 1, 2007, the
Director shall, in coordination with the heads of other
appropriate 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 purpose 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 incident management system;
``(B) to establish a protocol for a proactive
Federal response in support of a State to a
catastrophic disaster with or without warning; and
``(C) to clarify the role of who is in charge of
the Federal disaster response.
``(c) Mission Assignments.--To expedite the provision of assistance
under the national response plan, the Director, in coordination 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 system established under this title, the President shall
ensure that each Federal agency with responsibility 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 decisions to meet the national emergency
preparedness goal;
``(2) have the operational command and control structures
that comply with the national incident management system;
``(3) develop, in support of crisis operational capability,
a deliberate planning capability, including plans, personnel,
and training; and
``(4) develop, train, and exercise rosters of disaster
response personnel to be deployed when the organization is
called upon to support a Federal response.
``(b) Construction.--Nothing in this section shall limit the
authority of the Secretary of Defense with regard to the command and
control, training, planning, equipment, exercises, or employment of
Department of Defense 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 preparedness, response, recovery, and mitigation efforts 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, national
incident management system, and national 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 representing State and
local governments;
``(B) national, State, and local emergency
management organizations; and
``(C) national, State, and local emergency response
organizations, including governmental and
nongovernmental organizations.
``(2) Representation.--To the extent practicable, Task
Force members shall represent--
``(A) geographically diverse areas (including urban
and rural);
``(B) State and local elected officials;
``(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 response, emergency
medical services, public works personnel routinely
engaged in emergency response, health professionals,
and organizations with expertise in accrediting and
establishing standards for emergency management
services.
``(3) Consultation with the department of health and human
services.--In the selection of members of the Task Force who
are health professionals, including emergency medical
professionals, 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 Federal Emergency Management Agency
to serve as an ex officio member of the Task Force.

``SEC. 708. NATIONAL INCIDENT MANAGEMENT SYSTEM AND NATIONAL RESPONSE
PLAN INTEGRATION CENTER.

``(a) In General.--In order to carry out the duties of the Director
related to the National Incident Management System and National
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 completion, 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 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 authorized to make grants to any
State or local government 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 necessary 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 COMPACT GRANTS.

(a) In General.--The Director may make grants to administer the
Emergency Management Assistance Compact authorized by Public Law 104-
321.
(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 territories;
(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.
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 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.

_______________________________________________________________________

December 8, 2006

Reported from the Committee on Transportation and Infrastructure with
an amendment

December 8, 2006

Referral to the Committee on Homeland Security extended 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 discharged; committed to
the Committee of the Whole House on the State of the Union and ordered
to be printed