[House Report 109-519]
[From the U.S. Government Publishing Office]
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) * * *
* * * * * * *
TECHNICAL AMENDMENTS
Sec. [702] 802. (a) * * *
* * * * * * *
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) * * *
* * * * * * *