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109th Congress                                            Rept. 109-519
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

======================================================================



 
                          RESPOND ACT OF 2006

                                _______
                                

                 June 22, 2006.--Ordered to be printed

                                _______
                                

  Mr. Tom Davis of Virginia, from the Committee on Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 5316]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Government Reform, to whom was referred 
the bill (H.R. 5316) 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, having considered 
the same, report favorably thereon with amendments and 
recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Committee Statement and Views....................................     3
Section-by-Section...............................................     4
Explanation of Amendments........................................     6
Committee Consideration..........................................     6
Rollcall Votes...................................................     6
Application of Law to the Legislative Branch.....................     6
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     6
Statement of General Performance Goals and Objectives............     7
Constitutional Authority Statement...............................     7
Federal Advisory Committee Act...................................     7
Unfunded Mandate Statement.......................................     7
Committee Estimate...............................................     7
Budget Authority and Congressional Budget Office Cost Estimate...     7
Changes in Existing Law Made by the Bill as Reported.............    12

  The amendments (stated in terms of the page and line numbers 
of the introduced bill) are as follows:
  Page 12, line 15, insert ``, in consultation with the Office 
of Personnel and Management,'' after ``Leading''.
  Page 14, strike lines 1 through 5 (and make appropriate 
conforming changes).
  Page 17, line 12, strike ``Appointments.--'' and insert 
``Applicability of civil service laws.--''.
  Page 17, line 17, strike ``Except'' and all that follows 
through line 21, and insert the following: ``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.''.
  Page 32, after line 12, insert the following (and make 
appropriate conforming changes):

          ``(7) establishing physical and mental health care 
        standards for the disaster workforce during and after 
        service.''.

  Page 32, line 18, strike ``84.'' and insert the following: 
``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.''.
  Page 33, before line 4, insert the following new subtitle 
(and conform the table of contents accordingly):

      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.

                     Committee Statement and Views


                          PURPOSE AND SUMMARY

    H.R. 5316, the RESPOND Act, was introduced on May 9, 2006, 
by Transportation and Infrastructure Chairman Don Young, 
Government Reform Committee Chairman Tom Davis, Economic 
Development, Public Buildings, and Emergency Management 
Subcommittee Chairman Bill Shuster, and over fifty other 
original Republican and Democratic cosponsors. The legislation 
would restore the Federal Emergency Management Agency (FEMA) as 
an independent, cabinet-level agency within the executive 
branch. The legislation would also strengthen the agency by 
creating emergency response centers and teams, improving 
communications at all levels, and requiring the agency to 
establish a comprehensive workforce development strategy for 
its employees. Finally, the legislation would establish a 
National Emergency Preparedness System to ensure that the 
Nation is prepared to respond to, recover from, and mitigate 
against the effects of all hazards and disasters.

                          LEGISLATIVE HISTORY

    H.R. 5316, legislation 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, was referred to the Committee on 
Transportation and Infrastructure, and in addition to the 
Committees on Government Reform and Homeland Security. During 
the Government Reform Committee markup, Chairman Davis offered 
an amendment that would make a number of modifications to the 
RESPOND Act that were proposed by Members of the Government 
Reform Committee and that reflected findings regarding 
personnel levels, training and procurement by the House Select 
Bipartisan Committee to Investigate the Preparation for and 
Response to Hurricane Katrina. Specifically, the amendment 
would provide refinements to the acquisition laws governing 
FEMA and would clarify that FEMA is subject to existing civil 
service laws similar to other agencies in the federal 
government. Additionally, the amendment would make improvements 
to the ``disaster workforce reserve cadre'' created by the 
legislation, including ensuring that FEMA takes steps to 
mitigate the impact that disaster response has on the physical 
and mental health of those brought in to respond to disasters. 
Finally, this amendment would strike the requirement that the 
FEMA Director serve a 5-year term.

                           Section-by-Section


Section 101. Establishment of agency

    This section would establish the Federal Emergency 
Management Agency as a cabinet-level independent establishment 
in the executive branch.

Section 102. Responsibilities

    This section would provide the responsibilities of the new 
Federal Emergency Management Agency.

Section 103. Director; Deputy Director

    This section would establish the position of ``Director'' 
for FEMA, along with the compensation of such position as well 
as the qualification requirements for any individual serving in 
that position. The Committee adopted an amendment during 
consideration of the legislation that would strike the 5-year 
term of office for the Director. The section would also 
establish the position of ``Deputy Director'' for FEMA as well 
as the duties of the position and the qualification 
requirements for any individual serving in that position.

Section 104. Office of Inspector General

    This section would require the Agency to have an Inspector 
General in accordance with the provisions of the Inspector 
General Act of 1978.

Section 105. Transfer of Functions

    This section would transfer certain functions, currently 
housed in other federal departments and agencies, to the 
Federal Emergency Management Agency.

Section 106. Personnel and other transfers

    This section would authorize the Director to appoint and 
fix the compensation of such officers and employees, including 
investigators, attorneys, and administrative law judges, as may 
be necessary to carry out FEMA's functions. The Committee 
adopted an amendment during consideration of the legislation 
that would clarify that such officers and employees shall be 
subject to the appointment, compensation, and other provisions 
of title 5, United States Code. This section would also 
authorize FEMA to hire experts and consultants in accordance 
with section 5315 of title 5, United States Code. Finally, in 
addition to other administrative matters, this section would 
authorize the FEMA Director to reorganize the functions 
transferred to FEMA so long as 320 days' advance notice is 
provided to Congress.

Section 107. Savings provisions

    This section would provide for the continuity of certain 
matters, such as legal proceedings, that commenced prior to the 
transfer of functions to FEMA but have not yet been resolved.

Section 108. Conforming and technical amendments

    This section would amend the Chief Financial Officer Act to 
include FEMA in the list of covered agencies.

Section 121. Workforce development

    This section would amend subpart I of part III of title 5, 
United States Code, to add a new chapter 101 providing certain 
personnel management flexibilities for FEMA, as described 
below:

``Sec. 10101. DEFINITIONS

    ``This section would provide definitions for chapter 101 of 
title 5, United States Code.

``Sec. 10102. HUMAN CAPITAL STRATEGY

    ``This section would require the FEMA Director to develop a 
human capital strategy for the development of the Agency's 
workforce and submit the strategy to Congress six months after 
date of enactment of this chapter.

``Sec. 10103. RECRUITMENT BONUSES FOR THE FEDERAL EMERGENCY MANAGEMENT 
                    AGENCY

    ``This section would authorize FEMA to pay recruitment 
bonuses to employees. The authority would expire five years 
after date of enactment of this chapter.

``Sec. 10104. RETENTION BONUSES FOR THE FEDERAL EMERGENCY MANAGEMENT 
                    AGENCY

    ``This section would authorize FEMA to pay retention 
bonuses to employees. The authority would expire five years 
after date of enactment of this chapter.

``Sec. 10105. DISASTER WORKFORCE RESERVE CADRE

    ``This section would establish within FEMA a disaster 
workforce cadre to help the Agency meet its surge requirements 
during periods of emergency. Federal annuitants are authorized 
to be re-employed pursuant to this authority, except that no 
annuitant may be re-employed under this authority for more than 
180 days.''

Section 131. Limitations on tiering of subcontractors

    The section would require the Director to promulgate 
regulations that would address the problems that have surfaced 
in Katrina recovery contracts with the excessive use of pass-
through subcontracts that add little or no value to the 
accomplishment of contract requirements and add unnecessary 
cost and complexity. The regulation would preclude a firm under 
a cost-type disaster recovery contract from subcontracting more 
than 65% of the cost of performance unless the Director 
determines that exceptional circumstances apply.

Section 132. Limitation on length of certain non-competitive contracts

    The section would require the Director to promulgate 
regulations to limit the performance period of disaster 
recovery contracts awarded using other than competitive 
procedures pursuant to section 303 (c) of the Federal Property 
and Administrative Services Act (41 USC 253 (c)). That 
performance period is to be the minimum required to meet the 
urgent and compelling requirements and to enter into another 
contract for the required goods or services through the use of 
competitive procedures. The regulations would provide for a 
performance period of not more than 240 days unless the 
Director determines that exceptional circumstances apply.

Section 133. Prohibition of consideration of political affiliation in 
        award of contracts

    The section would provide that in the awarding and 
administration of contracts, the agency shall not grant a 
preference of or give consideration to the political 
affiliation, political contributions or views of the 
contractor, potential contractor or its officers or employees. 
The section, for the purpose of emphasis, in effect restates 
current law on this important issue.

                       Explanation of Amendments

    The provisions within the Chairman's amendment adopted in 
Committee are explained in this report.

                        Committee Consideration

    On May 18, 2006, the Committee met in open session and 
ordered reported favorably the bill, H.R. 5316, as amended, by 
voice vote, a quorum being present.

                             Rollcall Votes

    No rollcall votes were taken.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill reestablishes the Federal Emergency Management Agency 
(FEMA) as a cabinet-level, independent establishment in the 
executive branch responsible for disaster planning, response 
and recovery at the national level. Legislative branch 
employees and their families, to the extent that they are 
otherwise eligible for the benefits provided by this 
legislation, have equal access to its benefits.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings, as well as 
findings by the Select Bipartisan Committee to Investigate the 
Preparation for and Response to Hurricane Katrina, and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives are reflected in the descriptive portions 
of this report.

                   Constitutional Authority Statement

    Under clause 3(d)(1) of rule XIII of the Rules of the House 
of Representatives, the Committee must include a statement 
citing the specific powers granted to Congress to enact the law 
proposed by H.R. 5316. The Committee finds the authority for 
this legislation in article I, section 8 of the Constitution.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., Section 5(b).

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandate Reform Act, P.L. 104-4) requires a statement whether 
the provisions of the reported include unfunded mandates. In 
compliance with this requirement the Committee has received a 
letter from the Congressional Budget Office included herein.

                           Committee Estimate

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 5316. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for H.R. 2829 from the Director of 
Congressional Budget Office:

                                                     June 21, 2006.
Hon. Tom Davis,
Chairman, Committee on Government Reform,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed revised cost estimate for H.R. 5316,, the 
Restoring Emergency Services to Protect Our Nation from 
Disasters Act of 2006.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Julie 
Middleton.
            Sincerely,
                                          Donald B. Marron,
                                                   Acting Director.
    Enclosure.

H.R. 5316--Restoring Emergency Services To Protect Our Nation From 
        Disasters Act of 2006

    Summary: H.R. 5316 would remove the Federal Emergency 
Management Agency (FEMA) from the Department of homeland 
Security (DHS) and make it a cabinet-level agency reporting 
directly to the President of the United States. FEMA had a 
similar status prior to the formation of DHS in 2003. Under the 
bill, DHS's responsibilities for ensuring that the national is 
prepared to respond to man-made and natural disasters would be 
transferred to FEMA. The bill also would authorize FEMA to 
coordinate an all-hazards emergency management system that 
includes federal government activities related to preparedness, 
response, recovery, and mitigation for terrorism, natural 
disasters, and other emergencies.
    The bill would authorize the appropriation of $400 million 
over the 2007-2008 period for emergency equipment grants for 
states. H.R. 5316 also would authorize the appropriation of $96 
million over the 2007-2009 period and such sums as are 
necessary after that period for a catastrophe planning program. 
In addition, the bill would authorize the appropriation of such 
sums as necessary for a new grant program for state and local 
governments to help them meet planning requirements under the 
national Emergency Preparedness System (NEPS).
    Assuming appropriation of the necessary and specified 
amounts, CBO estimates that implementing H.R. 5316 would cost 
$912 million over the 2007-2011 period. Enacting this 
legislation would not affect direct spending or revenues.
    H.R. 5316 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform act (UMRA). 
assuming appropriation of the authorized amounts, state and 
local governments would benefit from more than $1 billion in 
grants to improve emergency preparedness, plan for catastrophic 
incidents, and purchase emergency equipment. Any costs incurred 
by those governments would be conditions of receiving federal 
assistance.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 5316 is shown in the following table. 
The costs of this legislation fall within budget functions 450 
(community and regional development) and 550 (health).

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                               -------------------------------------------------
                                                                  2007      2008      2009      2010      2011
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

FEMA consolidation costs and ongoing:
    Estimated authorization level.............................        17        17        17        17        17
    Estimated outlays.........................................        15        17        17        17        17
Grants for NEPS implementation:
    Estimated authorization level.............................       100       102       104       106       107
    Estimated outlays.........................................        10        47        79       102       104
Emergency equipment assistance grants:
    Authorization level.......................................       200       200         0         0         0
    Estimated outlays.........................................        20        94       136        82        20
Catastrophe planning program:
    Authorization level.......................................        30        32        34        35        35
    Estimated outlays.........................................        14        23        29        34        35
    Total changes:
        Estimated authorization level.........................       347       351       155       158       159
        Estimated outlays.....................................        59       181       261       235       176
----------------------------------------------------------------------------------------------------------------

Basis of estimate

    For this estimate, CBO assumes that H.R. 5316 will be 
enacted near the start of fiscal year 2007 and that the 
necessary amounts will be appropriated over the 2007-2011 
period. CBO estimates that implementing this bill would cost 
$912 million over the 2007-2011 period, assuming appropriation 
of the necessary funds. Those costs represent estimated 
expenditures for activities that H.R. 5316 would authorize but 
do not include continuing costs for other FEMA programs, such 
as disaster relief--with outlays that fluctuate significantly 
from year-to-year, depending on the need to respond to 
disasters.
            FEMA Programs and current spending
    H.R. 5316 would establish FEMA as a separate agency from 
the Department of Homeland Security and would add to its 
responsibilities most of the functions currently assigned to 
the Preparedness Directorate of DHS. Under current law, FEMA's 
primary responsibilities are to respond to all types of 
disasters, mitigate the damage of future disasters, and help 
communities recover after a disaster. Most of the spending for 
these activities comes out of the Disaster Relief Fund. To help 
the Gulf Coast recover from the 2005 hurricanes, for example, 
over $60 billion was initially appropriated to the fund, though 
over $20 billion was eventually reallocated to other federal 
programs that were engaging in disaster recovery efforts 
related to the hurricanes. On balance, CBO estimates that 
disaster relief spending will total well over $20 billion in 
fiscal year 2006. (In contrast, such spending totaled about $12 
billion in fiscal year 2005 but averaged much less than those 
amounts prior to 2005.) In addition, FEMA manages the National 
Flood Insurance Program. CBO estimates that spending for flood 
insurance claims will exceed $20 billion in fiscal year 2006. 
The bill would not change FEMA' s responsibilities for 
providing such disaster assistance or for paying flood 
insurance claims.
    Under H.R. 5316, FEMA would add ``preparedness'' to its 
list of authorized activities. Under current law, the 
Preparedness Directorate of the DHS administers most of the 
grant and training programs that benefit state and local 
governments by helping them prepare for future terrorist 
attacks, natural disasters, or other emergencies. In 2006, the 
Congress appropriated more than $3 billion for those purposes. 
H.R. 5316 would not reauthorize appropriations for those 
existing state and local grant programs; however, it would 
authorize the appropriation of funds for a few new grant 
programs. This bill would not transfer to FEMA any DHS programs 
concerned with law enforcement activities to prevent terrorism, 
the protection of critical infrastructure, or intelligence 
analysis.
            FEMA consolidation costs and ongoing administration
    CBO estimates that a few new senior positions would be 
needed to manage the new independent FEMA and that some current 
employees would see salary increases with their new 
responsibilities. In 2006, the agency's appropriation for 
administrative costs was $236 million. CBO estimates that staff 
and salary increases under the bill would cost about $2 million 
a year. The bill also would authorize FEMA to establish an 
Inspector General (IG) office. We assume that the new IG office 
would be somewhat larger in size and scope than the office 
operated by FEMA prior to the formation of DHS because of its 
increased responsibilities. (In 2002, FEMA's IG office had a 
budget of $10 million.) Assumingappropriation of the necessary 
funds, CBO estimates that the new IG office would add about $15 million 
annually to the agency's administrative costs.
    Under this bill, CBO estimates that about 500 full-time 
equivalent employees would be transferred from DHS to FEMA to 
administer FEMA's new preparedness responsibilities. Currently, 
FEMA has over 2,200 permanent full-time employees, many in the 
Washington Metropolitan area. The Congress established the DHS 
in 2003, and the agency is still in the process of 
consolidating its operations and employees. CBO expects that 
any significant consolidation of FEMA employees would be 
unlikely to occur under H.R. 5316 over the next five years. If 
the agency were to consolidate its employees into one location, 
however, we estimate that it could cost between $25 million to 
$35 million in one-time costs to move, house, and equip the 
employees of this larger agency. If the agency were to acquire 
a new headquarters building, the costs would be significantly 
higher, though this bill does not include a specific 
authorization for that purpose.
            Grants for NEPS implementation
    H.R. 5316 would authorize the appropriation of such sums as 
are necessary for a new grant program for state and local 
governments to meet planning requirements under the National 
Emergency Preparedness System, an existing framework for 
achieving effective emergency preparedness at all levels of 
government. Under current law, most of the money for disaster 
preparedness planning is provided to states through the 
Emergency Management Performance Grants. In 2006, the Congress 
appropriated $185 million for these grants. H.R. 5316 would 
place new requirements on states, such as developing a new 
emergency preparedness report that assesses the states' current 
level of preparedness under the NEPS. Based on information from 
state and local entities about their needs for additional 
resources for planning and historical spending patterns for 
similar grants, CBO estimates that implementing this new grant 
program would require additional appropriations of about $100 
million a year, resulting in outlays of about $340 million over 
the 2007-2011 period, assuming appropriation of the estimated 
amounts.
            Emergency equipment assistance grants
    The bill would authorize the appropriation of $200 million 
a year over the 2007-2008 period for grants for training and 
equipment for emergency communications. Based on spending 
patterns of similar programs, CBO estimates that implementing 
these grants would cost about $350 million over the 2007-2011 
period, assuming appropriation of the specified amounts. 
(Additional outlays from the authorized amounts would occur 
after 2011.)
            Catastrophe planning program
    H.R. 5316 would authorize the appropriation of $96 million 
over the 2007-2009 period and such sums as may be necessary 
after 2009 to implement a catastrophe planning program that 
would include developing plans to address catastrophes, 
training state and local government officials, and conducting 
exercises to test the efficacy of those plans. For this 
estimate, CBO adjusted the amount authorized to be appropriated 
in 2009 for anticipated inflation to estimate the cost of this 
program after 2009. Based on historical spending patterns of 
similar programs, CBO estimates that implementing this 
provision would cost $135 million over the 2007-2011 period.
    Intergovernmental and private-sector impact: H.R. 5316 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. Assuming the appropriation of authorized 
amounts, state and local governments would benefit from more 
than $1 billion in grants to improve emergency preparedness, 
plan for catastrophic incidents, and purchase emergency 
equipment. Any costs incurred by those governments would be 
conditions of receiving federal assistance.
    Previous CBO estimates: On June 2, 2006, CBO prepared a 
cost estimate for H.R. 5316, the Restoring Emergency Services 
Act of 2006, as ordered reported by the House Committee on 
Transportation and Infrastructure on May 17, 2006. The two 
versions of the bill are similar, but they would authorize the 
appropriation of different amounts for different grant 
programs, and CBO's cost estimates reflect those differences.
    On June 2, 2006, CBO prepared a cost estimate for H.R. 
5351, the National Emergency Management Reform Act of 2006, as 
ordered reported by the House Committee on Homeland Security on 
May 17, 2006. H.R. 5351 would authorize the President to 
establish the Directorate of Emergency Management within the 
Department of Homeland Security and would authorize 
appropriations for some FEMA programs.
    Both H.R. 5351 and H.R. 5316 would reorganize FEMA but 
would do so in different ways. Each bill would authorize the 
appropriation of different amounts for different FEMA and 
preparedness activities and grant programs, and CBO's cost 
estimates reflect those differences.
    Estimate prepared by: Federal costs: Julie Middleton; 
impact on state, local, and tribal governments: Melissa 
Merrell; impact on the private sector: Fatimot Ladipo.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

TITLE 5, UNITED STATES CODE

           *       *       *       *       *       *       *



                          PART III--EMPLOYEES

Chapter                                                             Sec.

                      SUBPART A--GENERAL PROVISIONS

      Definitions...................................................2101
     * * * * * * *

                       SUBPART I -- MISCELLANEOUS

     * * * * * * *
10101ederal Emergency Management Agency personnel.....................

           *       *       *       *       *       *       *


SUBPART D--PAY AND ALLOWANCES

           *       *       *       *       *       *       *


CHAPTER 53--PAY RATES AND SYSTEMS

           *       *       *       *       *       *       *


SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES

           *       *       *       *       *       *       *


Sec. 5312. Positions at level I

  Level I of the Executive Schedule applies to the following 
positions for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
        Secretary of State.
        Secretary of the Treasury.
        Secretary of Defense.
        Attorney General.
        Secretary of the Interior.
        Secretary of Agriculture.
        Secretary of Commerce.
        Secretary of Labor.
        Secretary of Health and Human Services.
        Secretary of Housing and Urban Development.
        Secretary of Transportation.
        United States Trade Representative.
        Secretary of Energy.
        Secretary of Education.
        Secretary of Veterans Affairs.
        Secretary of Homeland Security.
        Director of the Office of Management and Budget.
        Commissioner of Social Security, Social Security 
        Administration.
        Director of National Drug Control Policy.
        Chairman, Board of Governors of the Federal Reserve 
        System.
        Director of National Intelligence.
          Director of the Federal Emergency Management Agency.

           *       *       *       *       *       *       *


SUBPART I--MISCELLANEOUS

           *       *       *       *       *       *       *


       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;
          (6) establishing a streamlined deployment system; and
          (7) establishing physical and mental health care 
        standards for the disaster workforce during and after 
        service.
  (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 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.
  (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.

           *       *       *       *       *       *       *

                              ----------                              


              SECTION 901 OF TITLE 31, UNITED STATES CODE

Sec. 901. Establishment of agency Chief Financial Officers

  (a) * * *
  (b)(1) * * *
  (2) The agencies referred to in subsection (a)(2) are the 
following:
          (A) * * *

           *       *       *       *       *       *       *

          (H) The Federal Emergency Management Agency.

           *       *       *       *       *       *       *

                              ----------                              


HOMELAND SECURITY ACT OF 2002

           *       *       *       *       *       *       *


TITLE V--EMERGENCY PREPAREDNESS AND RESPONSE

           *       *       *       *       *       *       *


SEC. 503. FUNCTIONS TRANSFERRED.

  In accordance with title XV, there shall be transferred to 
the Secretary the functions, personnel, assets, and liabilities 
of the following entities:
          [(1) The Federal Emergency Management Agency, 
        including the functions of the Director of the Federal 
        Emergency Management Agency relating thereto.]

           *       *       *       *       *       *       *


[SEC. 507. ROLE OF FEDERAL EMERGENCY MANAGEMENT AGENCY.

  [(a) In General.--The functions of the Federal Emergency 
Management 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 and protect the Nation from all 
        hazards by leading and supporting the Nation in a 
        comprehensive, risk-based emergency management 
        program--
                  [(A) of mitigation, by taking sustained 
                actions to reduce or eliminate long-term risk 
                to people and property from hazards and their 
                effects;
                  [(B) of planning for building the emergency 
                management profession to prepare effectively 
                for, mitigate against, respond to, and recover 
                from any hazard;
                  [(C) of response, by conducting emergency 
                operations to save lives and property through 
                positioning emergency equipment and supplies, 
                through evacuating potential victims, through 
                providing food, water, shelter, and medical 
                care to those in need, and through restoring 
                critical public services;
                  [(D) of recovery, by rebuilding communities 
                so individuals, businesses, and governments can 
                function on their own, return to normal life, 
                and protect against future hazards; and
                  [(E) of increased efficiencies, by 
                coordinating efforts relating to mitigation, 
                planning, response, and recovery.
  [(b) Federal Response Plan.--
          [(1) Role of fema.--Notwithstanding any other 
        provision of this Act, the Federal Emergency Management 
        Agency shall remain the lead agency for the Federal 
        Response Plan established under Executive Order No. 
        12148 (44 Fed. Reg. 43239) and Executive Order No. 
        12656 (53 Fed. Reg. 47491).
          [(2) Revision of response plan.--Not later than 60 
        days after the date of enactment of this Act, the 
        Director of the Federal Emergency Management Agency 
        shall revise the Federal Response Plan to reflect the 
        establishment of and incorporate the Department.]

           *       *       *       *       *       *       *

                              ----------                              


ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT

           *       *       *       *       *       *       *


TITLE III--MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION

           *       *       *       *       *       *       *


                        [EMERGENCY SUPPORT TEAMS

  [Sec. 303. The President shall]

SEC. 303. EMERGENCY SUPPORT AND RESPONSE TEAMS.

  (a) Emergency Support Teams.--The President shall form 
emergency support teams of Federal personnel to be deployed in 
an area affected by a major disaster or emergency. Such 
emergency support teams shall assist the Federal coordinating 
officer in carrying out his responsibilities pursuant to this 
Act. Upon request of the President, the head of any Federal 
agency is directed to detail to temporary duty with the 
emergency support teams on either a reimbursable or 
nonreimbursable basis, as is determined necessary by the 
President, such personnel within the administrative 
jurisdiction of the head of the Federal agency as the President 
may need or believe to be useful for carrying out the functions 
of the emergency support teams, each such detail to be without 
loss of seniority, pay, or other employee status.
  (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.
          (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).

           *       *       *       *       *       *       *


                    TITLE VI--EMERGENCY PREPAREDNESS

SEC. 601. DECLARATION OF POLICY.

  The purpose of this title and title VII is to provide a 
system of emergency preparedness for the protection of life and 
property in the United States from hazards and to vest 
responsibility for emergency preparedness jointly in the 
Federal Government and the States and their political 
subdivisions. The Congress recognizes that the organizational 
structure established jointly by the Federal Government and the 
States and their political subdivisions for emergency 
preparedness purposes can be effectively utilized to provide 
relief and assistance to people in areas of the United States 
struck by a hazard. The Federal Government shall provide 
necessary direction, coordination, and guidance, and shall 
provide necessary assistance, as authorized in this title so 
that a comprehensive emergency preparedness system exists for 
all hazards.

           *       *       *       *       *       *       *


Subtitle A--Powers and Duties

           *       *       *       *       *       *       *


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, $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.

Subtitle B--General Provisions

           *       *       *       *       *       *       *


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 2006, 2007, and 2008. Such sums shall remain 
available until expended.

           *       *       *       *       *       *       *


         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 708 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 State and local 
        emergency management organizations and governmental and 
        nongovernmental emergency response organizations from 
        the State and local levels.
          (2) Representation.--To the extent practicable, Task 
        Force members shall represent--
                  (A) geographically diverse areas (including 
                urban and rural);
                  (B) State and local emergency management 
                professional organizations; and
                  (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.
          (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. 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.

                    TITLE [VII] VIII--MISCELLANEOUS

             AUTHORITY TO PRESCRIBE RULES AND ACCEPT GIFTS

  Sec. [701] 801. (a) * * *

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                          TECHNICAL AMENDMENTS

  Sec. [702] 802. (a) * * *

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                         REPEAL OF EXISTING LAW

  Sec. [703] 803. The Disaster Relief Act of 1970, as amended 
(84 Stat. 1744), is hereby repealed, except sections 231, 233, 
234, 235, 236, 237, 301, 302, 303, and 304. Notwithstanding 
such repeal the provisions of the Disaster Relief Act of 1970 
shall continue in effect with respect to any major disaster 
declared prior to the enactment of this Act.

                       PRIOR ALLOCATION OF FUNDS

  Sec. [704] 804. Funds heretofore appropriated and available 
under Public Laws 91-606, as amended, and 92-385 shall continue 
to be available for the purpose of providing assistance under 
those Acts as well as for the purposes of this Act.

SEC. [705] 805. DISASTER GRANT CLOSEOUT PROCEDURES.

  (a) * * *

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