[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