[House Report 109-519]
[From the U.S. Government Publishing Office]
109th Congress Rept. 109-519
HOUSE OF REPRESENTATIVES
2d Session Part 2
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RESPOND ACT OF 2006
_______
December 8, 2006.--Ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Transportation and
Infrastructure, 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 Transportation and Infrastructure, 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 an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Restoring Emergency
Services to Protect Our Nation From Disasters Act of 2006'' or the
``RESPOND Act of 2006''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--ESTABLISHMENT OF AN INDEPENDENT FEDERAL EMERGENCY MANAGEMENT
AGENCY
Subtitle A--Federal Emergency Management Agency
Sec. 101. Establishment of Agency.
Sec. 102. Responsibilities.
Sec. 103. Director; Deputy Director.
Sec. 104. Office of the Inspector General.
Sec. 105. Transfer of functions.
Sec. 106. Personnel and other transfers.
Sec. 107. Savings provisions.
Sec. 108. Conforming and technical amendments.
Subtitle B--Federal Emergency Management Agency Personnel
Sec. 121. Workforce development.
TITLE II--STRENGTHENING THE FEDERAL EMERGENCY MANAGEMENT AGENCY
Sec. 201. Catastrophic planning program.
Sec. 202. Emergency response teams.
Sec. 203. Emergency operations centers.
Sec. 204. Logistics.
Sec. 205. Prepositioned equipment program.
Sec. 206. Communications.
Sec. 207. Emergency equipment assistance.
Sec. 208. Oversight and accountability of Federal disaster
expenditures.
Sec. 209. Nondiscrimination in disaster assistance with respect to
English proficiency.
TITLE III--COMPREHENSIVE EMERGENCY PREPAREDNESS SYSTEM
Sec. 301. National emergency preparedness.
Sec. 302. Emergency management assistance compact grants.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Hurricane Katrina struck the Gulf Coast on the morning of
August 29, 2005, with a ferocity that left more than 1,300
individuals dead and altered the physical and social landscape
of the region for years to come.
(2) Failures at all levels of government significantly
undermined and detracted from the heroic efforts of emergency
responders, private individuals and organizations, faith-based
groups, and others who struggled to assist the people of the
Gulf Coast.
(3) Hurricane Katrina revealed that the Nation, in general,
and the Department of Homeland Security, in particular, are
unprepared for a major natural disaster, accident, or terrorist
attack.
(4) Multiple investigations, including those by the select
committee to investigate the preparation for and response to
Hurricane Katrina of the House of Representatives, the
Committee on Homeland Security and Governmental Affairs of the
Senate, the General Accountability Office, the Inspector
General of the Department of Homeland Security, and the
Homeland Security Council established by the President,
identified the magnitude of the storm, failures of leadership,
and a flawed disaster management system at all levels of
government as reasons for the inadequate government response.
(5) The creation of the Department of Homeland Security
placed an additional layer of management and response authority
between the President and the Federal Emergency Management
Agency (in this section referred to as ``FEMA''), marginalizing
the authority of the Director of FEMA.
(6) During the response to Hurricane Katrina, the Department
of Homeland Security executed important elements of the
National Response Plan late, ineffectively, or not at all.
(7) The competing priorities of the terrorism prevention
mission of the Department of Homeland Security and the disaster
management mission of FEMA significantly contributed to the
rapid decline of FEMA's capability to coordinate the Federal
response to Hurricane Katrina.
(8) The transfer of FEMA's preparedness grants and functions
to other entities of the Department of Homeland Security,
FEMA's tremendous loss of experienced professional personnel,
and the reduction of FEMA's funding for equipment, training,
and exercises made FEMA's inadequate performance in the face of
a disaster the size of Hurricane Katrina all but inevitable.
(9) While some Federal departments and agencies, such as the
Coast Guard, performed admirably, others were inadequately
prepared for Hurricane Katrina and executed their
responsibilities under the National Response Plan poorly.
(10) The preparedness level and capabilities of State and
local governments to respond to Hurricane Katrina varied
tremendously. Some responded effectively while others struggled
to evacuate their populations or conduct effective response
operations.
(11) The Federal Government has spent more than
$15,000,000,000 on first responder grants since 2001, but the
Nation's core emergency management capabilities have improved
little and even declined in some important respects. Federal
homeland security grant programs inadvertently divided what was
once a single, all-hazards preparedness system into 2
artificially separate preparedness categories of terrorism and
other disasters.
(12) Comprehensive reform of the Nation's emergency
management system is necessary to address the dangers presented
by major disasters and emergencies of all kinds.
(13) The Nation's emergency management system is based on the
following general principles:
(A) Incidents are best managed by the level of
government closest to the incident.
(B) Federal assistance is provided in support of
State governments.
(C) Military assistance is provided in support of
civil authorities.
(14) Large disasters require presidential involvement to lead
the Federal response and mobilize the assets of the entire
Federal Government, particularly Department of Defense
assistance, and the President needs solid professional advice
in preparing for and responding to a disaster to make the right
decisions.
(15) Preparing for and responding to disasters, regardless of
the cause, must be the top priority of the organization
responsible for disaster management.
(16) The coordination of preparedness and planning to reduce
the consequences of all hazards, including terrorism, is and
has always been part of FEMA's primary mission.
(17) FEMA should be reestablished as an independent cabinet-
level agency to coordinate the Federal response on behalf of
the President and to lead the Nation's efforts to improve the
Nation's all-hazards emergency management system.
(18) Establishing FEMA as an independent agency will enable
the Department of Homeland Security to refocus efforts on
preventing terrorism and free FEMA from internal competition
with the terrorism prevention entities of the Department for
resources and personnel.
(19) The 4 elements of comprehensive emergency management
(preparedness, response, recovery, and mitigation) must be
closely integrated and managed within FEMA.
(20) FEMA's assets and capabilities to coordinate the Federal
response to a catastrophic disaster must be restored and
enhanced. In particular, FEMA's professional workforce and its
incident command, communications, and logistics capabilities
must be improved.
(21) The tension between the Nation's all hazards emergency
management system and terrorism preparedness must be resolved.
An all-hazards approach fully addresses terrorism, but
preparing for terrorism alone does not address all aspects of
the other hazards.
(22) Governments at all levels have historically analyzed
past disaster responses by participating in lessons-learned
exercises, yet too often have failed to act upon
recommendations necessary to produce a more effective and
efficient response to future disasters.
(23) Congress should ensure the establishment of an all-
hazards, comprehensive national emergency preparedness goal and
system that will--
(A) ensure a consistent approach to domestic incident
management;
(B) establish target capabilities that each level of
government should possess or to which it should have
access;
(C) direct resources to filling capability gaps and
regularly assess the Nation's preparedness level; and
(D) ensure that lessons learned and best practices
are fully incorporated into the further development of
the emergency preparedness system.
SEC. 3. DEFINITIONS.
(a) In General.--In this Act, the following definitions apply:
(1) Agency.--The term ``Agency'' means the Federal Emergency
Management Agency established under section 101.
(2) Director.--The term ``Director'' means the Director of
the Federal Emergency Management Agency appointed under section
103.
(3) Emergency.--The term ``emergency'' has the meaning given
that term in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122).
(4) Emergency preparedness.--The term ``emergency
preparedness'' has the meaning given that term in section
602(a) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5195a(a)).
(5) Hazard.--The term ``hazard'' has the meaning given that
term in section 602(a) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5195a(a)).
(6) Local government.--The term ``local government'' has the
meaning given that term in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122).
(7) Major disaster.--The term ``major disaster'' has the
meaning given that term in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122).
(8) Mission assignment.--The term ``mission assignment''
means a work order issued to a Federal agency by the Federal
Emergency Management Agency, directing completion by that
agency of a specified task and setting forth funding, other
managerial controls, and guidance.
(9) State.--The term ``State'' has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
TITLE I--ESTABLISHMENT OF AN INDEPENDENT FEDERAL EMERGENCY MANAGEMENT
AGENCY
Subtitle A--Federal Emergency Management Agency
SEC. 101. ESTABLISHMENT OF AGENCY.
(a) Independent Establishment.--The Federal Emergency Management
Agency is established as a cabinet-level independent establishment in
the executive branch.
(b) Mission.--The primary mission of the Agency is to reduce the loss
of life and property from all hazards, including major disasters, acts
of terrorism, and other emergencies, by leading and supporting the
Nation in a risk-based, comprehensive, emergency management system of
preparedness, response, recovery, and mitigation.
SEC. 102. RESPONSIBILITIES.
(a) In General.--The responsibilities of the Agency include the
following:
(1) All functions and authorities prescribed by the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
(2) Carrying out its mission to reduce the loss of life and
property from all hazards, including major disasters, acts of
terrorism, and other emergencies, by leading and supporting the
Nation in a risk-based, comprehensive emergency management
system of--
(A) preparedness, by leading and coordinating the
effort to build Federal, State, and local emergency
management capabilities and readiness to effectively
respond to, recover from, and mitigate against all
hazards;
(B) response, by leading and coordinating emergency
operations to save lives, protect property, and meet
basic human needs;
(C) recovery, by rebuilding communities so
individuals, businesses, and governments can function
on their own, return to normal life, and protect
against future hazards;
(D) mitigation, by taking sustained actions to reduce
or eliminate long-term risk to people and property from
hazards and their effects; and
(E) increased efficiencies, by coordinating efforts
relating to preparedness, response, recovery, and
mitigation.
(3) Preparing and implementing the Federal Government's plans
and programs for--
(A) continuity of operations;
(B) continuity of Government; and
(C) continuity of plans.
(b) National Response Plan.--
(1) Role of fema.--Notwithstanding any other provision of
law, the Agency shall be the lead agency for the National
Response Plan.
(2) Revision of response plan.--Not later than 30 days after
the date of enactment of this Act, the Director shall revise
the National Response Plan to reflect the establishment of and
incorporate the Agency as an independent establishment under
this Act.
SEC. 103. DIRECTOR; DEPUTY DIRECTOR.
(a) Director.--
(1) In general.--The Agency shall be headed by a Director,
who shall be appointed by the President, by and with the advice
and consent of the Senate, and who shall report directly to the
President. The Director shall be compensated at the rate
provided for at level I of the Executive Schedule under section
5312 of title 5, United States Code.
(2) Qualifications.--The Director shall be appointed from
among individuals who have extensive experience in emergency
preparedness, response, recovery, and mitigation for all
hazards, including major disasters, acts of terrorism, and
other emergencies.
(3) Term of office.--The term of office of an individual
appointed as the Director shall be 5 years. Such individual may
be appointed in accordance with paragraph (1) for an additional
term of 5 years.
(4) Conforming amendment.--Section 5312 of title 5, United
States Code, is amended by adding at the end the following:
``Director of the Federal Emergency Management Agency.''.
(b) Deputy Director.--
(1) In general.--The Agency shall have one Deputy Director
appointed in the competitive service by the Director.
(2) Qualifications.--The Deputy Director shall be appointed
from among individuals who have extensive experience in
emergency preparedness, response, recovery, and mitigation for
all hazards, including major disasters, acts of terrorism, and
other emergencies.
(3) Duties.--The Deputy Director shall--
(A) carry out duties and powers prescribed by the
Director; and
(B) act for the Director when the Director is absent
or unable to serve or when the position of the Director
is vacant.
SEC. 104. OFFICE OF THE INSPECTOR GENERAL.
The Agency shall have an office of the Inspector General, headed by
an Inspector General, in accordance with the Inspector General Act of
1978 (Public Law 95-452; 5 U.S.C. App.).
SEC. 105. TRANSFER OF FUNCTIONS.
(a) In General.--There shall be transferred to the Director--
(1) the functions of the Department of Homeland Security
relating to the Federal Emergency Management Agency, including
the functions of the Department under sections 430(c)(3),
430(c)(8), 502 (other than paragraph (2)), and 503(1) of the
Homeland Security Act of 2002 (6 U.S.C. 238(c)(3), 238(c)(8),
312, 313(1));
(2) other functions of the Directorate for Preparedness of
the Department (other than those functions relating to law
enforcement efforts to prevent and deter acts of terrorism,
protect critical infrastructure, and conduct intelligence
activities); and
(3) the functions relating to the Agency under any other law,
including--
(A) the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.);
(B) the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.);
(C) the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701 et seq.);
(D) the National Dam Safety Program Act (33 U.S.C.
467 et seq.);
(E) the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2201 et seq.); and
(F) Reorganization Plan No. 3 of 1978 (5 U.S.C.
App.).
(b) Transition Period.--The transfers under this section shall be
carried not later than February 1, 2007. During the transition period,
the Secretary of Homeland Security shall provide to the Director such
assistance, including the use of personnel and assets, as the Director
may request in preparing for the transfer.
(c) Transition.--The Director may use--
(1) the services of such officers, employees, and other
personnel of the Agency with respect to functions transferred
by this section; and
(2) funds appropriated to such functions for such period of
time as may reasonably be needed to facilitate the orderly
implementation of this section.
(d) Liaison Office to Ensure Coordination With the Department of
Homeland Security.--The Director shall establish a liaison office
within the Agency to ensure adequate coordination with the Department
of Homeland Security during an actual or potential terrorist incident.
SEC. 106. PERSONNEL AND OTHER TRANSFERS.
(a) Personnel Provisions.--
(1) Appointments.--The Director may appoint and fix the
compensation of such officers and employees, including
investigators, attorneys, and administrative law judges, as may
be necessary to carry out the respective functions transferred
under section 105. Except as otherwise provided by law, such
officers and employees shall be appointed in accordance with
the civil service laws and their compensation fixed in
accordance with title 5, United States Code.
(2) Experts and consultants.--The Director may obtain the
services of experts and consultants in accordance with section
3109 of title 5, United States Code, and compensate such
experts and consultants for each day (including traveltime)
during which they are engaged in the actual performance of such
services at rates not in excess of the rate of pay for level IV
of the Executive Schedule under section 5315 of such title. The
Director may pay experts and consultants who are serving away
from their homes or regular place of business, travel expenses
and per diem in lieu of subsistence at rates authorized by
sections 5702 and 5703 of such title for persons in Government
service employed intermittently.
(b) Delegation and Assignment.--Except where otherwise expressly
prohibited by law or otherwise provided by this title, the Director may
delegate any of the functions transferred to the Director by section
105 and any function transferred or granted to the Director after the
date of the transfers by section 105 to such officers and employees of
the Agency as the Director may designate and may authorize successive
redelegations of such functions as may be necessary or appropriate. No
delegation of functions by the Director under this subsection or under
any other provision of this title shall relieve the Director of
responsibility for the administration of such functions.
(c) Reorganization.--The Director may allocate or reallocate any
function transferred under section 105 among the officers of the
Agency, and may establish, consolidate, alter, or discontinue such
organizational entities in the Agency as may be necessary or
appropriate if the Director, on or before the 30th day preceding the
date of the allocation or reallocation, provides to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate written notice of the allocation or reallocation.
(d) Rules.--The Director may prescribe, in accordance with the
provisions of chapters 5 and 6 of title 5, United States Code, such
rules and regulations as the Director determines necessary or
appropriate to administer and manage the functions of the Agency.
(e) Transfer and Allocations of Appropriations and Personnel.--Except
as otherwise provided in this title, the personnel employed in
connection with, and the assets, liabilities, contracts, property,
records, and unexpended balances of appropriations, authorizations,
allocations, and other funds employed, used, held, arising from,
available to, or to be made available in connection with the functions
transferred by section 105, subject to section 1531 of title 31, United
States Code, shall be transferred to the Agency. Unexpended funds
transferred pursuant to this subsection shall be used only for the
purposes for which the funds were originally authorized and
appropriated.
(f) Incidental Transfers.--The Director of the Office of Management
and Budget, in consultation with the Director, may make such
determinations as may be necessary with regard to the functions
transferred by section 105, and may make such additional incidental
dispositions of personnel, assets, liabilities, grants, contracts,
property, records, and unexpended balances of appropriations,
authorizations, allocations, and other funds held, used, arising from,
available to, or to be made available in connection with such
functions, as may be necessary to carry out the provisions of this
title. The Director of the Office of Management and Budget shall
provide for the termination of the affairs of all entities terminated
by this title and for such further measures and dispositions as may be
necessary to effectuate the purposes of this title.
(g) Effect on Personnel.--
(1) In general.--Except as otherwise provided by this title,
the transfer pursuant to this title of full-time personnel
(except special Government employees) and part-time personnel
holding permanent positions shall not cause any such employee
to be separated or reduced in grade or compensation for one
year after the date of transfer of such employee under this
title.
(2) Executive schedule positions.--Except as otherwise
provided in this title, any person who, on the day preceding
the date of the transfers of functions under section 105, held
a position compensated in accordance with the Executive
Schedule prescribed in chapter 53 of title 5, United States
Code, and who, without a break in service, is appointed in the
Agency to a position having duties comparable to the duties
performed immediately preceding such appointment shall continue
to be compensated in such new position at not less than the
rate provided for such previous position, for the duration of
the service of such person in such new position.
SEC. 107. SAVINGS PROVISIONS.
(a) Savings Provisions.--
(1) Continuing effect of legal documents.--All orders,
determinations, rules, regulations, permits, agreements,
grants, contracts, certificates, licenses, registrations,
privileges, and other administrative actions--
(A) which have been issued, made, granted, or allowed
to become effective by the President, any Federal
agency or official thereof, or by a court of competent
jurisdiction, in the performance of functions that are
transferred under section 105; and
(B) which are in effect on the date of the transfers
of functions under section 105, or were final before
such date and are to become effective on or after such
date, shall continue in effect according to their terms
until modified, terminated, superseded, set aside, or
revoked in accordance with law by the President, the
Director, or other authorized official, a court of
competent jurisdiction, or by operation of law.
(2) Proceedings not affected.--The provisions of this title
shall not affect any proceedings, including notices of proposed
rulemaking, or any application for any license, permit,
certificate, or financial assistance pending before the Agency
on the date of the transfers of functions under section 105,
with respect to functions transferred by section 105 but such
proceedings and applications shall continue. Orders shall be
issued in such proceedings, appeals shall be taken therefrom,
and payments shall be made pursuant to such orders, as if this
title had not been enacted, and orders issued in any such
proceedings shall continue in effect until modified,
terminated, superseded, or revoked by a duly authorized
official, by a court of competent jurisdiction, or by operation
of law. Nothing in this paragraph shall be deemed to prohibit
the discontinuance or modification of any such proceeding under
the same terms and conditions and to the same extent that such
proceeding could have been discontinued or modified if this
title had not been enacted.
(3) Suits not affected.--The provisions of this title shall
not affect suits commenced before the date of the transfers of
functions under section 105, and in all such suits, proceedings
shall be had, appeals taken, and judgments rendered in the same
manner and with the same effect as if this title had not been
enacted.
(4) Nonabatement of actions.--No suit, action, or other
proceeding commenced by or against the Agency, or by or against
any individual in the official capacity of such individual as
an officer of the Agency, shall abate by reason of the
enactment of this title.
(5) Administrative actions relating to promulgation of
regulations.--Any administrative action relating to the
preparation or promulgation of a regulation by the Agency
relating to a function transferred under section 105 may be
continued by the Agency with the same effect as if this title
had not been enacted.
(b) References.--Any reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document of
or pertaining to a department, agency, or office from which a function
is transferred by section 105--
(1) to the head of such department, agency, or office is
deemed to refer to the head of the department, agency, or
office to which such function is transferred; or
(2) to such department, agency, or office is deemed to refer
to the department, agency, or office to which such function is
transferred.
SEC. 108. CONFORMING AND TECHNICAL AMENDMENTS.
(a) Chief Financial Officer.--Section 901(b)(2) of title 31, United
States Code, is amended by adding at the end the following:
``(H) The Federal Emergency Management Agency.''.
(b) Recommended Legislation.--
(1) In general.--After consultation with the appropriate
committees of Congress and the Director of the Office of
Management and Budget, the Director shall prepare recommended
legislation containing technical and conforming amendments to
reflect the changes made by this title.
(2) Submission to congress.--Not later than 90 days after the
last day of the transition period referred to in section
105(b), the Director shall submit to Congress a report
containing the recommended legislation.
(c) Repeals.--
(1) In General.--The following provisions of the Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.) are repealed:
(A) Section 503(1).
(B) Section 507.
(2)Table of Contents.--The table of contents contained in section
1(b) of such Act is amended by striking the item relating to section
507.
Subtitle B--Federal Emergency Management Agency Personnel
SEC. 121. WORKFORCE DEVELOPMENT.
(a) In General.--Subpart I of part III of title 5, United States
Code, is amended by adding at the end the following:
``CHAPTER 101--FEDERAL EMERGENCY MANAGEMENT AGENCY PERSONNEL
``Sec.
``10101. Definitions.
``10102. Human capital strategy.
``10103. Recruitment bonuses for the Federal Emergency Management
Agency.
``10104. Retention bonuses for the Federal Emergency Management Agency.
``10105. Disaster workforce reserve cadre.
``Sec. 10101. Definitions
``For purposes of this chapter--
``(1) the term `Federal Emergency Management Agency' or
`Agency' shall be considered to refer to the Federal Emergency
Management Agency established under section 101 of the RESPOND
Act of 2006; and
``(2) the term `Director of the Federal Emergency Management
Agency' or `Director' shall be considered to refer to the
Director of the Federal Emergency Management Agency appointed
under section 103 of the RESPOND Act of 2006.
``Sec. 10102. Human capital strategy
``(a) In General.--The Director of the Federal Emergency Management
Agency shall develop a human capital strategy to ensure that the Agency
has a workforce of the appropriate size and with the appropriate skills
and training to effectively carry out the mission and responsibilities
of the Agency, consistent with the policies and plans developed
pursuant to this section.
``(b) Content.--The strategy shall include, at a minimum--
``(1) a workforce development strategy for the Agency;
``(2) an assessment of the workforce characteristics and
future needs of the Agency;
``(3) an analysis of how the Agency's human resources
policies and programs align with the Agency's mission,
strategic goals, and performance outcomes; and
``(4) any other elements that the Director determines
necessary to develop and maintain a human capital strategy,
including elements described in section 1402.
``(c) Schedule.--The Director shall transmit to Congress--
``(1) the strategy developed under this section not later
than 6 months after the date of enactment of this chapter; and
``(2) periodic updates to the strategy referred to in
paragraph (1).
``Sec. 10103. Recruitment bonuses for the Federal Emergency Management
Agency
``(a) In General.--The Director of the Federal Emergency Management
Agency may pay a bonus to an individual in order to recruit the
individual for a position within the Agency that would otherwise be
difficult to fill in the absence of such a bonus.
``(b) Bonus Amount.--
``(1) In general.--The amount of a bonus under this section
shall be determined by the Director, but may not exceed 25
percent of the annual rate of basic pay of the position
involved.
``(2) Form of payment.--A bonus under this section shall be
paid in the form of a lump-sum payment and shall not be
considered to be part of basic pay.
``(c) Service Agreements.--Payment of a bonus under this section
shall be contingent upon the employee entering into a written service
agreement with the Federal Emergency Management Agency. The agreement
shall include--
``(1) the period of service the individual shall be required
to complete in return for the bonus; and
``(2) the conditions under which the agreement may be
terminated before the agreed-upon service period has been
completed, and the effect of the termination.
``(d) Eligibility.--A bonus under this section may not be paid to
recruit an individual for--
``(1) a position to which an individual is appointed by the
President, by and with the advice and consent of the Senate;
``(2) a position in the Senior Executive Service as a
noncareer appointee (as defined in section 3132(a)); or
``(3) a position which has been excepted from the competitive
service by reason of its confidential, policy-determining,
policy-making, or policy-advocating character.
``(e) Termination.--The authority to pay bonuses under this section
shall terminate 5 years after the date of enactment of this chapter.
``Sec. 10104. Retention bonuses for the Federal Emergency Management
Agency
``(a) Authority.--The Director of the Federal Emergency Management
Agency may pay, on a case-by-case basis, a bonus under this section to
an employee of the Agency if--
``(1) the unusually high or unique qualifications of the
employee or a special need of the Agency for the employee's
services makes it essential to retain the employee; and
``(2) the Director determines that, in the absence of such a
bonus, the employee would be likely to leave--
``(A) the Federal service; or
``(B) for a different position in the Federal
service.
``(b) Service Agreement.--Payment of a bonus under this section is
contingent upon the employee entering into a written service agreement
with the Agency to complete a period of service with the Agency. Such
agreement shall include--
``(1) the period of service the individual shall be required
to complete in return for the bonus; and
``(2) the conditions under which the agreement may be
terminated before the agreed-upon service period has been
completed, and the effect of the termination.
``(c) Bonus Amount.--
``(1) In general.--The amount of a bonus under this section
shall be determined by the Director, but may not exceed 25
percent of the annual rate of basic pay of the position
involved.
``(2) Form of payment.--A bonus under this section shall be
paid in the form of a lump-sum payment and shall not be
considered to be part of basic pay.
``(d) Limitation.--A bonus under this section may not be based on any
period of service which is the basis for a recruitment bonus under
section 10103.
``(e) Termination of Authority.--The authority to grant bonuses under
this section shall expire 5 years after the date of enactment of this
chapter.
``Sec. 10105. Disaster workforce reserve cadre
``(a) Establishment.--There is established within the Federal
Emergency Management Agency a disaster workforce reserve cadre to meet
the Agency's surge requirements during periods of emergency, as
determined by the Director of the Federal Emergency Management Agency.
``(b) Review.--Not later than 90 days after the date of enactment of
this chapter, the Director shall conduct a comprehensive review of the
current disaster workforce reserves for the purpose of identifying
areas for redevelopment. As part of the review, the Director shall
review and redevelop the disaster workforce to create a capable cadre
by--
``(1) providing for the effective utilization of the disaster
workforce;
``(2) establishing consistent and shorter disaster workforce
mobilization times;
``(3) establishing standards to meet mission requirements;
``(4) establishing a robust credentialing system for the
disaster workforce to integrate capabilities and skill sets
into job descriptions for a more effective and faster response
capability;
``(5) establishing employment protections for disaster
workforce reservists; and
``(6) establishing a streamlined deployment system.
``(c) Annuitants.--If an individual receiving an annuity from the
Civil Service Retirement and Disability Fund becomes temporarily
reemployed pursuant to this section, such annuity shall not be
discontinued thereby. An individual so reemployed shall not be
considered an employee for the purposes of chapter 83 or 84.
``(d) Expenses.--The Director may provide members of the disaster
workforce reserve cadre transportation and per diem in lieu of
subsistence, in accordance with applicable provisions of this title,
for the purpose of participating in any training that relates to
service as a member of the disaster workforce reserve cadre.''.
(b) Conforming Amendment.--The table of chapters for subpart I of
part III of title 5, United States Code, is amended by adding at the
end the following:
``101. Federal Emergency Management Agency Personnel........ 10101''.
TITLE II--STRENGTHENING THE FEDERAL EMERGENCY MANAGEMENT AGENCY
SEC. 201. CATASTROPHIC PLANNING PROGRAM.
Subtitle A of title VI of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5196 et seq.) is amended by adding
at the end the following:
``SEC. 616. CATASTROPHIC PLANNING PROGRAM.
``(a) Establishment.--The Director shall establish a program to
assist States and local governments representing areas at substantial
risk for a catastrophic incident, and other Federal agencies as
appropriate, in developing a comprehensive program to prepare for a
catastrophic incident.
``(b) Activities.--The program may include planning, training,
exercises, and such other activities as the Director considers
necessary.
``(c) Site Selection.--In conducting the program, the Director, in
coordination with a State or local government, shall select sites
within the jurisdiction of such State or local government that are at
substantial risk for a catastrophic incident and require additional
preparedness activities to ensure an effective response and recovery.
``(d) Catastrophic Incident.--In this section, the term `catastrophic
incident' means any natural or manmade incident, including terrorism,
that results in extraordinary levels of mass casualties, damage, or
disruption severely affecting the population, infrastructure,
environment, economy, national morale, or government functions.
``(e) Report.--The Director shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate a report on the preparedness levels of participating
jurisdictions.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000 for fiscal year
2007, $32,000,000 for fiscal year 2008, and $34,000,000 for fiscal year
2009. Such sums shall remain available until expended.''.
SEC. 202. EMERGENCY RESPONSE TEAMS.
Section 303 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5144) is amended--
(1) by striking the section heading and all that follows
through ``The President shall'' and inserting the following:
``SEC. 303. EMERGENCY SUPPORT AND RESPONSE TEAMS.
``(a) Emergency Support Teams.--The President shall''; and
(2) by adding at the end the following:
``(b) Emergency Response Teams.--
``(1) Establishment.--In carrying out subsection (a), the
President, acting through the Director of the Federal Emergency
Management Agency, shall establish at a minimum 3 national
response teams and sufficient regional and other response teams
as may be necessary to meet the incident management
responsibilities of the Federal Government.
``(2) Target capability level.--The Director shall ensure
that specific target capability levels, as defined pursuant to
the guidelines established under section 703(b)(2)(A), are
established for Federal emergency response teams.
``(3) Personnel.--The President, acting through the Director,
shall ensure that the Federal emergency response teams consist
of adequate numbers of properly planned, organized, equipped,
trained, and exercised personnel to achieve the established
target capability levels. Each emergency response team shall
work in coordination with State and local officials and onsite
emergency personnel associated with a particular incident.
``(4) Readiness reporting.--The Director shall evaluate team
readiness on a regular basis and report team readiness levels
in the report required under section 703(b)(8)(A).''.
SEC. 203. EMERGENCY OPERATIONS CENTERS.
(a) National.--The Director shall maintain and operate within the
Federal Emergency Management Agency a national emergency operations
center to support Federal emergency operations.
(b) Regional.--The Director shall ensure that each region of the
Agency maintains and operates an emergency operations center to support
Federal emergency operations.
(c) Target Capability Levels.--The Director shall ensure that
specific target capability levels, as defined pursuant to the
guidelines established under section 703(b)(2)(A) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (as added by this
Act), are established for national and regional emergency operations
centers.
(d) Personnel.--The Director shall ensure that the national and
regional emergency operations centers consist of adequate numbers of
properly planned, organized, equipped, trained, and exercised personnel
to achieve the established target capability levels.
(e) Readiness Reporting.--The Director shall evaluate the readiness
of the emergency operations centers on a regular basis and report
readiness levels in the report required under section 703(b)(8)(A) of
such Act.
SEC. 204. LOGISTICS.
(a) In General.--The Director shall develop an efficient,
transparent, and flexible logistics system for procurement and delivery
of goods and services necessary for an effective and timely response to
major disasters and other emergencies and for real-time visibility of
items at each point throughout the logistics system.
(b) System Development.--The Director shall ensure that the logistics
system is developed through the use of in-house, private sector, and
other Federal agency logistics capabilities (or a combination thereof).
(c) State and Local Contracts.--The Director shall encourage State
and local governments to establish contracts with vendors for disaster
relief supplies in advance of major disasters and other emergencies.
SEC. 205. PREPOSITIONED EQUIPMENT PROGRAM.
(a) Notice.--The Director shall notify State and local officials in
an area in which a location for the prepositioned equipment program
will be closed at least 60 days before the date of such closure.
(b) Sense of Congress.--It is the sense of Congress that the pre-
positioned equipment program is an important all-hazard disaster relief
tool, which is strongly supported by the Nation's first responder
communities, should be continued in at least 11 locations, and should
be funded at the level required to effectively carry out the program.
SEC. 206. COMMUNICATIONS.
(a) Communications Capability.--The Director shall establish and
maintain a durable, deployable, operable, and interoperable
communications capability within the Agency in order to gain and retain
incident management communications in areas that have lost regular
communications systems during major disasters and other emergencies.
(b) Reconnaissance Teams.--The Director shall establish self-
sustaining reconnaissance teams to relay information back to Agency
headquarters to improve situational awareness and incident management
coordination.
SEC. 207. EMERGENCY EQUIPMENT ASSISTANCE.
Subtitle B of title VI of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5197 et seq.) is amended by adding
at the end the following:
``SEC. 630. EMERGENCY EQUIPMENT ASSISTANCE.
``(a) Grants.--The Director shall carry out a program to make grants
to States and local governments to improve the response capabilities of
the States and local governments in the event of a major disaster or
other emergency.
``(b) Use of Funds.--Grants amounts received by a State or local
government under this section shall be used--
``(1) to purchase or improve commercially available
interoperable communications equipment that--
``(A) complies with, where applicable, national
voluntary consensus standards;
``(B) facilitates operability, interoperability,
coordination, and integration between and among
emergency communications systems (including satellite
phone and satellite communications equipment); and
``(C) ensures that first responders, government
officials, and emergency personnel are able to
adequately and effectively communicate with each other
in the event of a major disaster or other emergency;
``(2) to purchase mobile equipment to generate emergency
power; and
``(3) to train first responders and emergency personnel on
how best to use effectively such equipment.
``(c) Applications.--A State or local government seeking a grant
under this section shall submit to the Director an application at such
time, in such manner, and accompanied by such information as the
Director may require.
``(d) Technical Assistance.--The Director shall provide to States and
local governments technical assistance with respect to the procurement,
installation, and use of equipment under subsection (b)(1).
``(e) Coordination.--In implementing the program, the Director shall
ensure the coordination with other emergency equipment assistance grant
programs.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $200,000,000 for each of fiscal
years 2007, 2008, and 2009. Such sums shall remain available until
expended.''.
SEC. 208. OVERSIGHT AND ACCOUNTABILITY OF FEDERAL DISASTER
EXPENDITURES.
(a) Purpose.--The purposes of this section is to ensure that Federal
agencies exercise sufficient stewardship over the funds provided to the
agencies through Agency mission assignments for disaster response,
relief, and recovery activities by requiring and funding management
oversight activities to prevent fraud, waste, and abuse and to detect
and pursue prosecution of fraud so that taxpayers' interests are fully
protected.
(b) Authority of Director to Designate Funds for Oversight
Activities.--The Director may designate up to one percent of the total
amount provided to a Federal agency for a mission assignment as
oversight funds to be used by the recipient agency for performing
oversight of activities carried out under the Agency reimbursable
mission assignment process. Such funds shall remain available until
expended.
(c) Use of Funds.--
(1) Types of oversight activities.--Oversight funds may be
used for the following types of oversight activities related to
Agency mission assignments:
(A) Monitoring, tracking, and auditing expenditures
of funds.
(B) Ensuring that sufficient management and internal
control mechanisms are available so that Agency funds
are spent appropriately and in accordance with all
applicable laws and regulations.
(C) Reviewing selected contracts and other
activities.
(D) Investigating allegations of fraud involving
Agency funds.
(E) Conducting and participating in fraud prevention
activities with other Federal, State, and local
government personnel and contractors.
(2) Plans and reports.--Oversight funds may be used to issue
the plans required under subsection (f) and the reports
required under subsection (g).
(d) Restriction on Use of Funds.--Oversight funds may not be used to
finance existing agency oversight responsibilities related to direct
agency appropriations used for disaster response, relief, and recovery
activities.
(e) Methods of Oversight Activities.--
(1) In general.--Oversight activities may be carried out by
an agency under this section either directly or by contract.
Such activities may include evaluations and financial and
performance audits.
(2) Coordination of oversight activities.--Before entering
into a contract for a financial or performance audit to be
performed under this section, the head of an agency shall
coordinate with the Inspector General of the agency or, if the
agency does not have an Inspector General, with the Inspector
General of the Federal Emergency Management Agency.
(f) Development of Oversight Plans.--
(1) In general.--If an agency receives oversight funds for a
fiscal year, the head of the agency shall prepare a plan
describing the oversight activities for disaster response,
relief, and recovery anticipated to be undertaken during the
subsequent fiscal year.
(2) Selection of oversight activities.--In preparing the
plan, the head of the agency shall select oversight activities
based upon a risk assessment of those areas that present the
greatest risk of fraud, waste, and abuse.
(3) Schedule.--The plan shall include a schedule for
conducting oversight activities, including anticipated dates of
completion.
(g) Federal Disaster Assistance Accountability Reports.--A Federal
agency receiving oversight funds under this section shall submit
annually to the Director and the appropriate committees of Congress a
consolidated report regarding the use of such funds, including
information summarizing oversight activities and the results achieved.
(h) Oversight Funds.--In this section, the term ``oversight funds''
means funds referred to in subsection (b) that are designated for use
in performing oversight activities.
SEC. 209. NONDISCRIMINATION IN DISASTER ASSISTANCE WITH RESPECT TO
ENGLISH PROFICIENCY.
(a) In General.--Section 308(a) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5151(a)) is amended by
inserting ``English proficiency,'' after ``age,''.
(b) Nondiscrimination in Disaster Assistance With Respect to English
Proficiency.--Consistent with section 308(a) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5151(a)), as
amended by this section, the Director shall--
(1) identify, in coordination with State and local
governments, population groups with limited English proficiency
and take into account such groups in disaster preparedness
planning;
(2) ensure that information made available to individuals
affected by a major disaster or emergency is translated and
made available to the population groups identified in paragraph
(1); and
(3) develop and maintain an informational clearinghouse of
model language assistance programs and best practices for State
and local governments in providing disaster and emergency
related services.
(c) Group Size.--For purposes of subsection (b), the Director shall
define the size of a population group.
TITLE III--COMPREHENSIVE EMERGENCY PREPAREDNESS SYSTEM
SEC. 301. NATIONAL EMERGENCY PREPAREDNESS.
(a) In General.--The Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122 et seq.) is amended--
(1) by redesignating title VII as title VIII;
(2) by redesignating sections 701 through 705 as sections 801
through 805, respectively; and
(3) by inserting after title VI the following:
``TITLE VII--COMPREHENSIVE EMERGENCY PREPAREDNESS SYSTEM
``SEC. 701. DEFINITIONS.
``In this title, the definitions contained in section 602 and the
following definitions apply:
``(1) Capability.--The term `capability' means the ability to
provide the means to accomplish one or more tasks under
specific conditions and to specific performance standards. A
capability may be delivered with any combination of properly
planned, organized, equipped, trained, and exercised personnel
that achieves the intended outcome.
``(2) Covered grant.--The term `covered grant' means a grant
referred to in section 709 and any other emergency preparedness
grant administered by the Federal Emergency Management Agency.
``(3) Mission assignment.--The term `mission assignment'
means a work order issued to a Federal agency by the Federal
Emergency Management Agency, directing completion by that
agency of a specified task and setting forth funding, other
managerial controls, and guidance.
``(4) Operational readiness.--The term `operational
readiness' means the capability of an organization, an asset, a
system, or equipment to perform the missions or functions for
which it is organized or designed.
``(5) Performance measure.--The term `performance measure'
means a quantitative or qualitative characteristic used to
gauge the results of an outcome compared to its intended
purpose.
``(6) Performance metric.--The term `performance metric'
means a particular value or characteristic used to measure the
outcome that is generally expressed in terms of a baseline and
a target.
``SEC. 702. NATIONAL EMERGENCY PREPAREDNESS GOAL.
``(a) Establishment.--The President, acting through the Director,
shall establish and revise as necessary a national emergency
preparedness goal that defines the target level of emergency
preparedness to ensure the Nation's ability to respond to, recover
from, and mitigate against all hazards, including major disasters and
other emergencies.
``(b) National Incident Management System and National Response
Plan.--The national emergency preparedness goal, to the greatest extent
practicable, shall be consistent with the national incident management
system and national response plan.
``SEC. 703. ESTABLISHMENT OF THE NATIONAL EMERGENCY PREPAREDNESS
SYSTEM.
``(a) Establishment.--The President, acting through the Director,
shall establish a national emergency preparedness system to enable the
Nation to meet the national emergency preparedness goal.
``(b) Components.--The national emergency preparedness system
includes the following components:
``(1) National planning scenarios.--
``(A) In general.--The Director, in coordination with
the heads of other appropriate Federal agencies and the
Task Force established under section 707(a), may
develop planning scenarios to reflect the relative risk
requirements presented by all hazards in order to
provide the foundation for the flexible and adaptive
development of target capabilities and the
identification of target capability levels to meet the
national emergency preparedness goal.
``(B) Development.--In developing national planning
scenarios, the Director shall ensure that the
scenarios--
``(i) reflect the relative risk of all
hazards and illustrate the potential scope,
magnitude, and complexity of a broad range of
representative hazards; and
``(ii) provide the minimum number of
representative scenarios necessary to identify
and define the tasks and target capabilities
required to respond to all hazards.
``(2) Target capabilities and emergency preparedness
priorities.--
``(A) Establishment of guidelines on target
capabilities.--Not later than 180 days after the date
of enactment of the Restoring Emergency Services to
Protect Our Nation From Disasters Act of 2006, the
Director, in coordination with the heads of other
appropriate Federal agencies, including the National
Council on Disability, and the Task Force established
under section 707(a), shall update and revise as
necessary guidelines to define the risk-based target
capabilities for Federal, State, and local government
emergency preparedness that enables the Nation to
respond to, recover from, and mitigate against all
hazards, including major disasters and other
emergencies.
``(B) Distribution of guidelines.--The Director shall
ensure that the guidelines are provided promptly to
Congress and the States. The States are encouraged to
make the guidelines available to local governments
within their jurisdictions.
``(C) Objectives.--The Director shall ensure that the
guidelines established under subparagraph (A) meet the
following objectives:
``(i) Specificity.--The guidelines
specifically describe the training, planning,
personnel, and equipment that Federal, State,
and local governments need to possess, or to
which they need to have access, in order to
meet the national emergency preparedness goal.
``(ii) Flexibility.--The guidelines are
sufficiently flexible to allow Federal, State,
and local government officials to set
priorities based on particular needs, while
achieving nationally determined emergency
preparedness levels within a specified time
period.
``(iii) Measurability.--The guidelines are
designed to enable measurement of progress
toward specific emergency preparedness levels.
``(D) Emergency preparedness priorities.--In
establishing the guidelines under subparagraph (A), the
Director shall establish emergency preparedness
priorities that appropriately balance the risk of all
hazards, including major disasters and other
emergencies with the resources required to respond to,
recover from, and mitigate against them.
``(E) Mutual aid agreements.--The Director may
provide support for the development of mutual aid
agreements within States.
``(3) Equipment.--
``(A) Equipment standards.--
``(i) In general.--The Director, in
coordination with the heads of other
appropriate Federal agencies and the Task Force
established under section 707(a), shall
develop, promulgate, and update as necessary
national voluntary consensus standards for
first responder equipment for use in the field.
In developing such standards, the Director
shall--
``(I) ensure that the standards
encourage and support nationwide
interoperability and operability of
equipment and other capabilities
consistent with the national emergency
preparedness goal, including the safety
and health of first responders;
``(II) to the maximum extent
practicable, ensure that the standards
are consistent with any existing
voluntary consensus standards;
``(III) to the maximum extent
practicable, ensure that the standards
use technologies already certified by
other Federal agencies of the United
States;
``(IV) take into account, as
appropriate, threats that may not have
been contemplated when such existing
standards were developed; and
``(V) focus on maximizing
interoperability, operability,
interchangeability, durability,
flexibility, efficiency, efficacy,
portability, sustainability, and safety
of equipment.
``(ii) Deadline.--Not later than 180 days
after the date of enactment of the Restoring
Emergency Services to Protect Our Nation From
Disasters Act of 2006, the Director shall
promulgate standards under this subparagraph.
``(B) Consultation with standards organizations.--
Before issuing standards, the Director shall also
consult with relevant public and private sector
standards organizations.
``(4) Training and exercises.--
``(A) Program.--Not later than 180 days after the
date of enactment of the Restoring Emergency Services
to Protect Our Nation From Disasters Act of 2006, the
Director, in coordination with the heads of other
appropriate Federal agencies, including the National
Council on Disability, and the Task Force established
under section 707(a), shall establish and maintain a
comprehensive training program for all levels of
government to implement the national emergency
preparedness goal, national incident management system,
and national response plan.
``(B) Training standards.--The Director shall develop
and update as necessary, national voluntary consensus
standards for the training program established under
subparagraph (A).
``(C) Exercises.--The Director, in coordination with
the heads of other appropriate Federal agencies and the
Task Force established under section 707(a), shall
establish and maintain a program, including risk-based
scenarios that stress the emergency management system,
to conduct emergency preparedness-related exercises
that reinforce identified training standards, provide
for evaluation of emergency preparedness, and support
the national emergency preparedness goal, national
incident management system, and national response plan.
``(5) Comprehensive assessment system.--
``(A) Establishment.--The Director, in coordination
with the National Council on Disability and the Task
Force established under section 707(a), shall establish
a comprehensive system to assess on an ongoing basis,
the Nation's overall emergency preparedness, including
operational readiness.
``(B) Performance metrics and measures.--The Director
shall ensure that each component of the national
emergency preparedness system, national incident
management system, and national response plan is
developed with clear and quantifiable performance
metrics, measures, and outcomes.
``(C) Contents.--The assessment system established
under subparagraph (A) shall assess--
``(i) compliance with the national emergency
preparedness system, national incident
management system, and national response plan
to achieve a consistent approach to national
emergency preparedness and response;
``(ii) capability levels at the time of
assessment against target capability levels
defined pursuant to the guidelines established
under paragraph (2)(A);
``(iii) resource needs to meet the desired
target capability levels defined pursuant to
the guidelines established under paragraph
(2)(A); and
``(iv) performance of training, exercises,
and operations.
``(6) Best practices, after action reviews, and remedial
action program.--
``(A) In general.--The Director, in coordination with
the National Council on Disability and the Task Force
established under section 707(a), shall establish a
system for identifying best practices and conducting
after action reviews of incidents and exercises.
``(B) Remedial action.--The Director, in coordination
with the National Council on Disability and the Task
Force established under section 707(a), shall ensure
through a remedial action program that the best
practices and after action reviews identified under
subparagraph (A) are used to revise and update the
national emergency preparedness system, national
incident management system, and national response plan
on a continual basis.
``(7) Federal response capability inventory.--
``(A) In general.--Not later than 180 days after the
date of enactment of the Restoring Emergency Services
to Protect Our Nation From Disasters Act of 2006, the
Director, in coordination with the heads of other
appropriate Federal agencies, shall develop and
maintain a Federal response capability inventory that
includes the performance parameters of the capability,
the timeframe within which the capability can be
brought to bear on an incident, and the readiness of
such capability to respond to all hazards, including
major disasters and other emergencies.
``(B) Department of defense.--The Director, in
coordination with the Secretary of Defense, shall
develop a list of organizations and functions within
the Department of Defense that may be used, pursuant to
the authority provided under sections 402, 403, and 502
of this Act, to provide support to civil authorities
during major disasters and other emergencies.
``(8) Reporting requirements.--
``(A) Federal emergency preparedness report.--
``(i) In general.--Not later than 12 months
after the date of enactment of the Restoring
Emergency Services to Protect Our Nation From
Disasters Act of 2006, and annually thereafter,
the Director, in coordination with the heads of
other appropriate Federal agencies, shall
submit to the Committee on Transportation and
Infrastructure of the House of Representatives
and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on
the Nation's level of emergency preparedness.
``(ii) Contents.--Each report shall include--
``(I) an assessment of how Federal
emergency preparedness assistance
supports the national emergency
preparedness system;
``(II) an assessment of compliance
with the national emergency
preparedness system, national incident
management system, and national
response plan;
``(III) an assessment of current
Federal and State capability levels and
a description of target capability
levels defined pursuant to the
guidelines established under paragraph
(2)(A);
``(IV) an assessment of performance
of training, exercises, and operations;
``(V) information on the use of
mutual aid agreements;
``(VI) a review of the inventory
described in paragraph (7)(A); and
``(VII) an assessment of resource
needs to meet target capability levels
defined pursuant to the guidelines
established under paragraph (2)(A),
including--
``(aa) an estimate of the
amount of Federal, State, and
local expenditures required to
attain the target capability
levels; and
``(bb) the extent to which
target capability levels were
created or enhanced as the
result of using covered grant
funds during the preceding
fiscal year.
``(B) State emergency preparedness report.--
``(i) In general.--Not later than 15 months
after the date of enactment of the Restoring
Emergency Services to Protect Our Nation From
Disasters Act of 2006, and annually thereafter,
a State receiving a covered grant shall submit
a report to the Director on the State's level
of emergency preparedness.
``(ii) Contents.--Each report shall include--
``(I) an assessment of State
compliance with the national emergency
preparedness system, national incident
management system, and national
response plan;
``(II) an assessment of current
capability levels and a description of
target capability levels;
``(III) an assessment of State
performance of training, exercises, and
operations;
``(IV) information on the use of
mutual aid agreements;
``(V) information on the distribution
by the State of the guidelines
established by paragraph (2)(A) to
local governments within its
jurisdiction; and
``(VI) an assessment of resource
needs to meet target capability levels
defined pursuant to the guidelines
established under paragraph (2)(A),
including--
``(aa) an estimate of the
amount of expenditures required
to attain the target capability
levels; and
``(bb) the extent to which
target capability levels were
created or enhanced as the
result of using covered grant
funds during the preceding
fiscal year.
``(C) Use of quantifiable performance measurements.--
To the extent practicable, each report shall be based
on quantifiable performance measurements.
``SEC. 704. NATIONAL INCIDENT MANAGEMENT SYSTEM.
``(a) National Incident Management System.--There is hereby
established a national incident management system that encompasses a
single, comprehensive approach to domestic incident management to
ensure that all levels of government across the Nation have the
capability to work efficiently and effectively together by using a
consistent approach to domestic incident management for all hazards,
including major disasters and other emergencies.
``(b) Responsibilities of Director.--
``(1) Responsibility for system.--The Director shall be
responsible for all aspects of the national incident management
system, including completing, implementing, maintaining, and
revising the system.
``(2) Coordination of system.--The Director shall coordinate
with the heads of other appropriate Federal agencies in
revising the system.
``SEC. 705. NATIONAL RESPONSE PLAN.
``(a) Responsibilities of Director.--
``(1) Responsibility for plan.--The Director shall be
responsible for all aspects of the national response plan,
including completing, implementing, maintaining, and revising
the plan.
``(2) Coordination of plan.--The Director shall coordinate
with the heads of other appropriate Federal agencies, including
the National Council on Disability, in revising the plan.
``(b) Initial Review and Revision of Response Plan.--
``(1) In general.--Not later than March 1, 2007, the Director
shall, in coordination with the heads of other appropriate
Federal agencies, including the National Council on Disability,
and the Task Force established under section 707(a), complete a
comprehensive review of the national response plan for the
purpose of identifying areas for revision.
``(2) Review and revise.--As part of the review, the Director
shall review and revise the national response plan--
``(A) to ensure integration and consistency with the
national incident management system;
``(B) to establish a protocol for a proactive Federal
response in support of a State to a catastrophic
disaster with or without warning; and
``(C) to clarify the role of who is in charge of the
Federal disaster response.
``(c) Mission Assignments.--To expedite the provision of assistance
under the national response plan, the Director, in coordination with
the heads of other appropriate Federal agencies and the Task Force
established under section 707(a), shall develop prescripted mission
assignments for logistics, communications, mass care, health services,
and public safety.
``SEC. 706. FEDERAL EMERGENCY PREPAREDNESS.
``(a) Agency Responsibility.--In support of the national emergency
preparedness system established under this title, the President shall
ensure that each Federal agency with responsibility for responding to
major disasters and other emergencies shall--
``(1) have the operational capability, including the
personnel to make and communicate decisions, organizational
structures that are assigned, trained, and exercised for their
missions, sufficient physical resources, and the command,
control, and communication channels to make, monitor, and
communicate decisions to meet the national emergency
preparedness goal;
``(2) have the operational command and control structures
that comply with the national incident management system;
``(3) develop, in support of crisis operational capability, a
deliberate planning capability, including plans, personnel, and
training; and
``(4) develop, train, and exercise rosters of disaster
response personnel to be deployed when the organization is
called upon to support a Federal response.
``(b) Construction.--Nothing in this section shall limit the
authority of the Secretary of Defense with regard to the command and
control, training, planning, equipment, exercises, or employment of
Department of Defense forces, or the allocation of Department of
Defense resources.
``SEC. 707. NATIONAL EMERGENCY PREPAREDNESS TASK FORCE.
``(a) Establishment.--The Director shall establish a National
Emergency Preparedness Task Force (referred to in this section as the
`Task Force') to ensure effective and ongoing coordination of Federal
emergency preparedness, response, recovery, and mitigation efforts for
all hazards that incorporates State and local government and private
sector input in the development and revision of the national emergency
preparedness goal, the national emergency preparedness system, national
incident management system, and national response plan.
``(b) Membership.--
``(1) In general.--The Task Force shall consist of members
appointed by the Director from among representatives of--
``(A) national organizations representing State and
local governments;
``(B) national, State, and local emergency management
organizations; and
``(C) national, State, and local emergency response
organizations, including governmental and
nongovernmental organizations.
``(2) Representation.--To the extent practicable, Task Force
members shall represent--
``(A) geographically diverse areas (including urban
and rural);
``(B) State and local elected officials;
``(C) national, State, and local emergency management
professional organizations; and
``(D) individuals involved in a cross section of
emergency response disciplines and professions,
including as appropriate fire service and law
enforcement, hazardous materials response, emergency
medical services, public works personnel routinely
engaged in emergency response, health professionals,
and organizations with expertise in accrediting and
establishing standards for emergency management
services.
``(3) Consultation with the department of health and human
services.--In the selection of members of the Task Force who
are health professionals, including emergency medical
professionals, the Director shall consult with the Secretary of
Health and Human Services.
``(4) Ex officio members.--The Director shall designate one
or more officers from the Federal Emergency Management Agency
to serve as an ex officio member of the Task Force.
``SEC. 708. NATIONAL INCIDENT MANAGEMENT SYSTEM AND NATIONAL RESPONSE
PLAN INTEGRATION CENTER.
``(a) In General.--In order to carry out the duties of the Director
related to the National Incident Management System and National
Response Plan, there is established a National Incident Management
System and National Response Plan Integration Center.
``(b) Responsibilities.--The head of the Center shall establish a
system to ensure completion, implementation, maintenance, and revision
of the National Incident Management System and the National Response
Plan and perform such other duties as the Director may require.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000 for fiscal year
2007, $32,000,000 for fiscal year 2008, and $34,000,000 for fiscal year
2009. Such sums shall remain available until expended.
``SEC. 709. AUTHORIZATION.
``(a) In General.--The Director is authorized to make grants to any
State or local government for the purpose of carrying out this title.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary for
the Director to assist State and local governments to meet requirements
under this title.''.
(b) Conforming Amendment.--The first sentence of section 601 of such
Act (42 U.S.C. 5195) is amended by inserting ``and title VII'' after
``this title''.
SEC. 302. EMERGENCY MANAGEMENT ASSISTANCE COMPACT GRANTS.
(a) In General.--The Director may make grants to administer the
Emergency Management Assistance Compact authorized by Public Law 104-
321.
(b) Uses.--A grant under this section shall be used--
(1) to carry out recommendations identified in the emergency
management assistance compact after-action reports for the 2004
and 2005 hurricane season;
(2) to administer compact operations on behalf of all member
States and territories;
(3) to continue coordination with the Agency and other
appropriate Federal agencies; and
(4) to continue coordination with State and local government
entities and their respective national organizations.
(c) Authorization.--There is authorized to be appropriated to carry
out this section $4,000,000 for each of fiscal years 2007, 2008, and
2009. Such sums shall remain available until expended.
Purpose of the Legislation
The purpose of H.R. 5316 is to reestablish the Federal
Emergency Management Agency (FEMA) 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 all hazards. H.R. 5316
also strengthens FEMA's capabilities and creates a
comprehensive national emergency preparedness system.
Background and Need for the Legislation
Prior to the creation of the Federal Emergency Management
Agency (FEMA), disaster preparedness, response, recovery, and
mitigation responsibilities were fragmented and dispersed among
over 15 different agencies and departments. Reacting to
significant problems with the federal response to the Three
Mile Island Nuclear Power Plant accident, President Carter
established FEMA by Executive Order 12148 in 1979. The order
created FEMA as an independent federal agency and for the first
time aligned the responsibility for disaster management with
the authorities necessary to accomplish that mission. To carry
out this mission, FEMA trained first responders and emergency
managers, provided grants to support emergency planning,
supervised mitigation projects funded by the federal
government, developed best practices in the area of
preparedness, response, recovery, and mitigation, coordinated
the federal response to disasters and emergencies, as well as
many other activities in support of its mission.
The Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. Sec. 5121 et. seq., as amended)
(Stafford Act) integrates previous disaster acts and authorizes
the president to direct federal agencies to save lives and
protect property in support of state and local response
efforts. FEMA has been delegated the responsibility for
carrying out many of the authorities in the Stafford Act.
Under a Stafford Act emergency or major disaster
declaration, the president has broad authority to direct any
federal agency to protect life and property or assist states in
responding to a disaster. Additionally, the Stafford Act
requires the president to designate a Federal Coordinating
Officer (FCO) to coordinate response efforts in the field.
Because the law provides the FCO directive authority, but not
``command authority'', over other federal agencies, the FCO is
not in a position to order personnel or command the operations
of other departments, including the Department of Defense
(DOD). Only the president has the command authority to promptly
engage active duty military forces and achieve a unity of
effort among the many federal agencies responding to a
catastrophic disaster.
The roles and responsibilities of each federal agency are
defined in the National Response Plan (NRP), an all-discipline,
all hazards plan that establishes a single, comprehensive
framework for the management of domestic incidents. The NRP
assigns federal responsibilities by Emergency Support Functions
(ESFs). ESFs are groups of capabilities and resources that are
most likely to be needed during an incident (e.g.,
firefighting, transportation, logistics, mass care, etc.).
Under each ESF, there is one designated lead federal agency and
several supporting agencies. The purpose of the NRP is to avoid
confusion over the chain of command and roles and
responsibilities during an incident.
In practice, FEMA performs its coordination mission by
detailing disaster management teams to state and local
emergency operations centers where they establish a unified
command structure with the various state agencies present.
Under a unified command structure, FEMA personnel sit side-by-
side with their state counterparts, assist in the coordination
of response activities, and task missions to various federal
agencies upon the request of state officials, or during
catastrophic disasters, in anticipation of state and local
needs.
FEMA does not have, and has never had, its own response
assets. Rather, it directs the assets and personnel of other
federal agencies to perform response missions. For example,
while FEMA does not own helicopters or search and rescue teams,
FEMA will task the Coast Guard or the military to perform water
rescue missions. Further, FEMA does not have the authority to
dictate how federal agencies perform their mission tasks; those
operational decisions are made by the responding federal agency
in accordance with the NRP and their own internal policies.
In 1996, President Clinton designated FEMA as an agency in
his cabinet. With this designation, not only did the director
of FEMA report directly to the president, but he was also a
cabinet member along with the heads of all other federal
departments. FEMA remained a cabinet-level agency until 2001.
The Homeland Security Act of 2002 (P.L. 107-296) (HSA)
established the Emergency Preparedness and Response (EP&R)
Directorate within the Department of Homeland Security (DHS)
with FEMA comprising the bulk of the directorate. To lead EP&R,
the HSA created an Under Secretary for Emergency Preparedness
and Response with a direct reporting relationship to the
Secretary of Homeland Security. The director of FEMA was named
the Under Secretary for EP&R.
With the creation of the department, FEMA no longer had a
direct reporting relationship with the president. The Secretary
of Homeland Security became the president's principal disaster
advisor with the responsibility for utilizing his authority
under the Stafford Act to direct all federal agencies,
particularly DOD, to respond in a coordinated and expeditious
fashion.
The president's original proposal to create DHS
consolidated all terrorism preparedness functions into FEMA's
Office of National Preparedness. The intention was to provide
one location for grants within DHS for state and local
governments and achieve a unified approach to disaster
response. Instead, the final bill split preparedness functions
in DHS between FEMA and the Office of Domestic Preparedness
(ODP), an organization with a strong law enforcement background
and relationship with that community. Instead of consolidating
preparedness functions, the HSA created two separate
preparedness functions--one for terrorism and one for all other
hazards. The emergency management community, including the
National Emergency Management Association in a memorandum to
its members, cautioned that the separation of the preparedness
function from the other components of emergency management
would impair response capabilities over time.
The Full Committee's markup of the HSA, H.R. 5005, on July
11, 2002, struck the provision from the underlying bill that
included FEMA in DHS, thus keeping the agency independent.
However, the rule accompanying H.R. 5005 reinstated the
provision transferring FEMA to DHS into the base bill.
Amendments to keep FEMA independent offered during
consideration of H.R. 5005 on the House Floor were defeated.
During the Floor debate on H.R. 5005, the Homeland Security
Act of 2002, members of the Committee offered an amendment that
would have kept the Federal Emergency Management Agency (FEMA)
an independent agency, outside of the new Department of
Homeland Security.
During the debate the proponents of the amendment made it
clear that they recognized the important role that FEMA would
play in responding to terrorist attacks, yet they believed that
the nation would be better served if FEMA remained independent.
Thus, FEMA would continue to effectively serve the nation in
times of a natural disaster, unencumbered by a new department
whose sole focus is security related activities. It was clear
that maintaining FEMA's independence will ensure that our
nation's increased focus on terrorism preparedness, which is
clearly important, will be in addition to, and not at the
expense of FEMA's natural disaster program.
The amendment failed. FEMA was merged into a larger DHS.
Soon after, vacancies were left unfilled, programs suffered and
FEMA began a series of reorganizations.
Since the creation of DHS in 2002, FEMA has been
reorganized three times. Each reorganization has resulted in a
loss of programs and staff, resulting in the diminished FEMA
that exists today.
In the 2003 reorganization of DHS, FEMA's preparedness
grants were transferred to ODP. This reorganization created the
new Office for State and Local Government Coordination and
Preparedness (SLGCP) and transferred ODP over to the new SLGCP.
As part of this consolidation, the funding, personnel, and
responsibility for administering the following programs were
transferred out of FEMA to SLGCP:
Assistance to Firefighters program
Emergency Management Performance Grant
program
First responder counter-terrorism training
assistance
State and local all hazards emergency
operations planning
Citizens Corps
Interoperable communications equipment
Community Emergency Response Teams
Metropolitan Medical Response System (MMRS)
Until this reorganization, FEMA's Preparedness Division
assisted state and local governments in preparing for disasters
through training programs, exercises, emergency planning,
technical assistance, and grants. Emergency managers were
concerned that this transfer would further distance
preparedness from response, resulting in an ineffective and
uncoordinated response and low agency morale.
In December 2004, the National Response Plan (NRP) was
released, establishing additional response coordinating
structures outside of FEMA. The emergency management community
expressed concerns about most of these newly created
structures, finding them confusing and contradictory to
previously established protocols. Ultimately, these new
structures proved problematic or experienced difficulties
achieving their intended purposes during the response to
Hurricane Katrina. These concerns were also evident in an
internal memorandum by emergency management professionals
within FEMA.
In July 2005, the reorganization component of DHS's second
stage review (2SR) was announced. As part of 2SR, which became
effective October 1, 2005, significant changes to DHS's
structure, including extensive changes to the EP&R Directorate
and FEMA were announced.
Specifically, the EP&R Directorate was dismantled. The
Director of FEMA continued to report to the Secretary of
Homeland Security for response, recovery, and mitigation.
FEMA's remaining preparedness functions were transferred to the
newly created Preparedness Directorate. The FEMA components
transferred included:
U.S. Fire Administration (USFA)
Hazardous Materials Training and Assistance
Program (HMTAP)
Chemical Stockpile Emergency Preparedness
Program (CSEP)
Radiological Emergency Preparedness Program
(REPP)
BioShield Program
The transfer of the remaining preparedness authorities out
of FEMA arguably was the final step in the elimination of
FEMA's preparedness mission. Again, the emergency management
community cautioned that the proposed transfer of functions
from FEMA would undermine its ability to respond to future
disasters. The president of the National Emergency Management
Association, the professional association of state emergency
management officials, testified before the Transportation and
Infrastructure Committee that separating preparedness from
response and recovery would break emergency management's cycle
of continuous improvement and result in a disjointed and
ineffective response operation. Additionally, DHS's acting
inspector general voiced reservations about segregating FEMA's
preparedness function from its response and recovery
responsibilities, noting that disaster preparedness, response,
and recovery are integrally related, each relying on the other
for success.
HURRICANE KATRINA
It had long been known for years within the emergency
management community, FEMA, the National Hurricane Center
(NHC), and the state of Louisiana that a category 3 or larger
hurricane would likely exceed the design of the New Orleans
levee system and cause catastrophic flooding of the city and
surrounding parishes. Because of the area's high risk and
extreme vulnerability to a major storm, FEMA and Louisiana
began a catastrophic hurricane planning project for Southeast
Louisiana in 2003. As part of this effort, a planning exercise
involving a fictitious category 3 storm called Hurricane Pam
was developed to project the likely consequences of such a
storm and develop contingency plans to address them. The
exercise scenario was prescient, envisioning a storm with
sustained winds of 120 mph, up to 20 inches of rain in parts of
Southeast Louisiana, and storm surges that topped levees in the
New Orleans area. Under the scenario, more than one million
residents were evacuated and 500,000 to 600,000 buildings were
destroyed.
In July 2004, emergency officials from 50 parish, state,
federal, and volunteer organizations faced this scenario during
a five-day exercise held at the Louisiana State Emergency
Operations Center (EOC) in Baton Rouge. One of the stated goals
of the exercise was to help officials develop joint response
plans for a catastrophic hurricane in Louisiana. Numerous
action plans ranging from debris removal, sheltering and search
and rescue were developed. FEMA, due to a lack of funding, was
unable to participate in follow-up planning meetings.
On August 23, 2005, the National Weather Service began
tracking a tropical depression, which would become Hurricane
Katrina. On August 25, Katrina made landfall in South Florida
as a Category 1 storm, with sustained winds over 75 mph. It
took seven hours for the storm to cross Florida, droppingas
much as 15 inches of rain in some parts of South Florida, causing some
home damage and extensive power outages.
Once the storm reached the Gulf of Mexico, it intensified
and sped up, achieving Category 3 status with sustained wind
speeds exceeding 111 mph on August 26. The NHC accurately
predicted the course and strength of Hurricane Katrina as early
as 56 hours prior to landfall. On August 28, one day before its
second landfall, Katrina became a Category 5 hurricane, with
wind speeds in excess of 150 mph. However, as the storm moved
into shallower waters closer to land, wind speeds decreased
such that Katrina was downgraded to a Category 4 hurricane.
Katrina eventually made landfall in Southeastern Louisiana
with sustained winds over 125 mph at the eye of the storm, and
wind gusts over 100 mph in the City of New Orleans, just west
of the eye of the storm. Katrina also brought with it rainfall
exceeding 8-10 inches over much of the storm's path. Damage
directly from the storm was felt in Louisiana, Mississippi,
Alabama, Georgia, Florida, and Tennessee, though Louisiana and
Mississippi received the brunt of the storm. It left in its
wake devastation never before seen in either size or type in
the United States. Covering an area estimated to be near 90,000
square miles, the storm ravaged four states, caused damage in
several others, and impacted the entire country.
While neither the most powerful, nor most deadly storm to
hit the United States, its combined wind speed, storm surge,
flooding effect, and deadliness make it one of the worst
natural disasters in American history. Katrina exacted enormous
human suffering, leaving more than 1,300 people dead and
resulting in billions of dollars in property damage.
There have been multiple investigations, including those by
the Select Committee to Investigate the Preparation for and
Response to Hurricane Katrina of the House of Representatives,
the Committee on Homeland Security and Governmental Affairs of
the Senate, the General Accountability Office, the Inspector
General of DHS, and the Homeland Security Council established
by the president, into the response to Hurricane Katrina. These
investigations identified the magnitude of the storm, failures
of leadership, and a flawed disaster management system at all
levels of government as reasons for the inadequate government
response. In general, these reviews include the following
findings:
In particular, failures at all levels of
government significantly undermined and detracted from the
heroic efforts of emergency responders, private individuals and
organizations, faith-based groups, and others who struggled to
assist the people of the Gulf Coast.
Hurricane Katrina revealed that the nation, in
general, and DHS, in particular, is unprepared for a major
natural disaster, accident, or terrorist attack.
The creation of DHS placed an additional layer of
management and response authority between the president and
FEMA, marginalizing the authority of the Director of FEMA.
During the response to Hurricane Katrina, DHS
executed important elements of the National Response Plan late,
ineffectively, or not at all.
The competing priorities of the terrorism
prevention mission of DHS and the disaster management mission
of FEMA significantly contributed to the rapid decline of
FEMA's capability to coordinate the federal response to
Hurricane Katrina.
The transfer of FEMA's preparedness grants and
functions to other entities of DHS, FEMA's tremendous loss of
experienced professional personnel, and the reduction of FEMA's
funding for equipment, training, and exercises made FEMA's
inadequate performance in the face of a disaster the size of
Hurricane Katrina all but inevitable.
While some federal departments and agencies, such
as the Coast Guard, performed admirably, others were
inadequately prepared for Hurricane Katrina and executed their
responsibilities under the National Response Plan poorly.
The preparedness level and capabilities of state
and local governments to respond to Hurricane Katrina varied
tremendously. Some responded effectively while others struggled
to evacuate their populations or conduct effective response
operations.
The federal government has spent more than
$15,000,000,000 on first responder grants since 2001, but the
nation's core emergency management capabilities have improved
little and even declined in some important respects. Federal
homeland security grant programs inadvertently divided what was
once a single, all hazards preparedness system into
artificially separate preparedness categories of terrorism and
other disasters.
The Committee on Transportation and Infrastructure has
concluded that comprehensive reform of the nation's emergency
management system is necessary to address the dangers presented
by major disasters and emergencies of all kinds. The nation's
emergency management system is based on the following general
principles: (1) incidents are best managed by the level of
government closest to the incident; (2) federal assistance is
provided in support of state governments; and (3) military
assistance is provided in support of civil authorities.
Large disasters require presidential involvement to lead
the federal response and mobilize the assets of the entire
federal government, particularly DOD assistance, and the
president needs solid professional advice in preparing for and
responding to a disaster to make the right decisions. Preparing
for and responding to disasters, regardless of the cause, must
be the top priority of the organization responsible for
disaster management. The coordination of preparedness and
planning to reduce the consequences of all hazards, including
terrorism, is and has always been part of FEMA's primary
mission. FEMA should be reestablished as an independent
cabinet-level agency to coordinate the federal response on
behalf of the president and to lead the nation's efforts to
improve the nation's all hazards emergency management system.
Establishing FEMA as an independent agency will enable DHS to
refocus efforts on preventing terrorism and free FEMA from
internal competition with the terrorism prevention entities of
DHS for resources and personnel. The four elements of
comprehensive emergency management (preparedness, response,
recovery, and mitigation) must be closely integrated and
managed within FEMA.
FEMA's assets and capabilities to coordinate the federal
response to a catastrophic disaster must be restored and
enhanced. In particular, FEMA's professional workforce and its
incident command, communications, and logistics capabilities
must be improved.
The tension between the nation's all hazards emergency
management system and terrorism preparedness must be resolved.
An all hazards approach fully addresses terrorism, but
preparing for terrorism alone does not address all aspects of
the other hazards. Governments at all levels have historically
analyzed past disaster responses by participating in lessons-
learned exercises, yet too often have failed to act upon
recommendations necessary to produce a more effective and
efficient response to future disasters. Congress should ensure
that the federal government, in coordination with professional
stakeholders and state and local governments, establish an all
hazards, comprehensive national emergency preparedness goal and
system that will--(1) ensure a consistent approach to domestic
incident management; (2) establish target capabilities that
each level of government should possess or to which it should
have access; (3) direct resources to filling capability gaps
and regularly assess the nation's preparedness level; and (4)
ensure that lessons learned and best practices are fully
incorporated into the further development of the emergency
preparedness system.
Summary of the Legislation
Section 1. Short title; table of contents
This section provides that the short title for the
legislation is the ``Restoring Emergency Services to Protect
Our Nation from Disasters Act of 2006'' or the ``RESPOND Act of
2006'' and provides a table of contents.
Section 2. Findings
This section contains a number of congressional findings.
Section 3. Definitions
This section defines terms applicable to the Act. This
section adopts the definition of emergency preparedness set
forth in section 602 of the Stafford Act. Further, the
definition of mission assignment in this section is consistent
with FEMA regulations at 44 CFR 206.5, 206.7 and 206.8.
TITLE I--ESTABLISHMENT OF AN INDEPENDENT FEMA
Subtitle A--Federal Emergency Management Agency
Sec. 101. Establishment of agency
This section establishes the Federal Emergency Management
Agency (FEMA) as a cabinet-level independent agency in the
executive branch. This section also states the primary mission
of FEMA is to reduce the loss of life and property from all
hazards by leading the nation in a risk-based, comprehensive
emergency management system of preparedness, response,
recovery, and mitigation. This mission would restore
comprehensive emergency management within FEMA by reuniting
emergency preparedness with response, recovery and mitigation.
Sec. 102. Responsibilities
This section describes FEMA's responsibilities, including
the responsibility for all functions and authorities of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(Stafford Act), and functions related to carrying out its
mission, and leading the federal government's programs for
continuity of government, plans, and operations. Section 102
also provides that FEMA is the lead agency for the National
Response Plan (NRP) and directs FEMA to revise the NRP.
In carrying out the preparedness responsibilities under
this section, the Committee calls on FEMA to meet annually with
state and local officials of the State of New York to address
concerns regarding emergency planning and preparation for the
Indian Point Energy Center, a nuclear power facility in
Buchanan, New York, and report to Congress on the results of
such meetings. FEMA should also report annually to Congress on
the Agency's justification for the emergency plans for the
region surrounding the Indian Point Energy Center, and
incorporate into those reports how the Agency has addressed
concerns regarding the emergency plans raised by state and
local officials of the State of New York.
Sec. 103. Director; deputy director
This section describes the qualifications for the director
and deputy director of the agency. The director is appointed to
a five year term by the president, by and with the advice and
consent of the Senate, and must have extensive experience in
emergency management. Section 103 also provides that the deputy
director will be appointed by the director from the competitive
service and must have extensive experience in emergency
management.
Sec. 104. Office of the Inspector General
This section ensures that the agency will have an Office of
the Inspector General.
Sec. 105. Transfer of functions
This section describes functions transferred from the
Department of Homeland Security to the agency. The transfer of
functions is based upon the purpose and mission of existing DHS
functions. Emergency management functions related to preparing
for, responding to, recovering from, and mitigating against all
hazards are transferred to FEMA. This transfer includes the
functions of the Preparedness Directorate, other than those
functions relating to law enforcement efforts to prevent and
deter acts of terrorism, protect critical infrastructure, and
conduct intelligence activities. The functions transferred in
this section include some grant programs. However, this bill
does not alter the purpose, allocation schemes, recipient
eligibility or uses of funds under existing grant programs. The
following list is illustrative of the types of grants
transferred under this section: Emergency Management
Performance Grant Program, Assistance to Firefighters Grant
Program, Citizen Corps Program, and Metropolitan Medical
Response System. Section 105 requires the transfer be completed
no later than February 1, 2007, well before the start of 2007
hurricane season. The section also establishes a liaison office
to ensure coordination with DHS. The liaison office will also
work with the Department of Justice and other federal agencies
as appropriate.
Sec. 106. Personnel and other transfers
This section provides the FEMA director with the authority
to appoint officers and employees, use experts and consultants,
and delegate functions to officers and employees of the agency.
Section 106 also provides the director reorganization
authority, authority to prescribe rules and regulations, and
authority to transfer allocations of appropriations, personnel,
and other incidentals.
Sec. 107. Savings provisions
This section guarantees the continuation of legal documents
associated with functions transferred from DHS to FEMA. Section
107 also ensures that proceedings and suits are not affected by
the transfer of functions.
Sec. 108. Conforming and technical amendments
This section contains technical and conforming amendments.
It also establishes a Chief Financial Officer for the agency.
Section 108 also requires the agency to submit recommendations
to Congress containing technical and conforming amendments to
reflect changes made by this title.
Subtitle B--Federal Emergency Management Agency Personnel
Sec. 121. Workforce development
This section requires the director to develop a workforce
strategy and a stronger reserve workforce. The reserve
workforce is a valued part of the emergency management system--
providing FEMA with a readied and skilled pool of personnel who
work whenever and wherever an emergency strikes. The Committee
does not want their knowledge and experience or willingness to
serve to be underutilized. The Committee believes, therefore,
that the director should study the reserve force of the
military as an example of a highly skilled and trained ready
reserve workforce and should consider as part of building a
stronger reserve workforce, exploring reserve workforce
employment and reemployment rights. This section also
authorizes recruitment and retention bonuses to ensure FEMA has
the personnel with the expertise and experience to carry out
its day-to-day activities as well as the ability to surge
during a disaster.
TITLE II--STRENGTHENING FEMA
Sec. 201. Catastrophic planning program
This section amends the Stafford Act to establish a program
to assist federal agencies, states, and local governments in
the development of a comprehensive catastrophic planning
program. Sites are to be selected based on the substantial risk
for a catastrophic incident and the need to perform additional
preparedness activities to ensure an effective response and
recovery.
Sec. 202. Emergency response teams
This section amends the Stafford Act to require the
establishment of a minimum of three national response teams and
sufficient regional and other response teams as necessary for
FEMA to fulfill its incident coordination functions. Teams are
tied to Target Capability Levels and require dedicated
communications equipment, training, exercise, and readiness
drills and reporting requirements.
Sec. 203. Emergency operations centers
This section requires FEMA to maintain and operate a
national emergency operations center and regional emergency
operations centers to support response operations. Section 203
also requires the establishment of target capabilities for the
emergency operations centers, sufficient numbers of qualified
staff, and reporting on the readiness of the emergency
operations centers.
Sec. 204. Logistics
This section requires development of a 21st Century FEMA
logistics system to ensure efficient, transparent, and flexible
procurement and delivery of goods necessary for an effective
and timely response to major disasters and other emergencies.
Section 204 also requires development of the logistics system
through the assistance of other federal agencies and encourages
states and local governments to establish contracts for
disaster relief supplies in advance of major disasters and
other emergencies.
Sec. 205. Pre-positioned equipment program
This section requires the director to notify state and
local officials at least 60-days prior to the closing of any
pre-positioned equipment program location. Section 205 also
provides a sense of Congress that the pre-positioned equipment
program is an important tool and should be fully funded for a
minimum of 11 locations.
Sec. 206. Communications
This section requires the director to establish the
communications capability necessary to gain and retain incident
management communications during major disasters and
emergencies. Section 206 also requires the director to
establish self-sustaining reconnaissance teams to improve
situational awareness.
Sec. 207. Emergency equipment assistance
This section amends the Stafford Act by adding Section 630.
Section 630 creates an emergency equipment grant program under
the direction of the FEMA director to improve response
capabilities of states and local governments in the event of a
major disaster or other emergency. The grant program is
intended to provide grants to state and local governments for
the purchase or improvement of emergency communications systems
to facilitate operability, interoperability, and better
coordination between emergency communication systems, including
satellite phones and satellite communication equipment. Grants
through this program are also available to purchase mobile
equipment to generate emergency power and train first
responders and emergency personnel on the communication and
mobile power equipment. Technical assistance related to the
procurement, installation and use of this equipment is also
allowable as needed by the states and local governments. The
program is authorized to be appropriated $200,000,000 for
fiscal years 2007, 2008, and 2009.
Sec. 208. Oversight and accountability of Federal disaster expenditures
This section ensures that federal agencies exercise
sufficient stewardship over the funds provided to them through
mission assignments for disaster response, relief, and recovery
activities by allowing the FEMA director to designate up to one
percent of the final cost of mission assignments provided to
federal agencies to be used to perform oversight activities to
prevent fraud, waste, and abuse and to detect and pursue
prosecution of fraud so that taxpayers' interests are fully
protected. Oversight activities may include financial or
performance audits. For purposes of this section, financial
audits are those audits which provide information about
internal control, compliance with laws and regulations, and
provisions of contracts and grant agreements as they relate to
financial transactions, systems, and processes. Performance
audits are those audits which provide an independent assessment
of the performance and management of government programs
against objective criteria or an assessment of best practices
and other information intended to improve program operations,
facilitate decision-making by parties with responsibility to
oversee or initiate corrective actions, and contribute to
public accountability. The term performance audit also includes
work sometimes classified by audit organizations as program
evaluations, program effectiveness and results audits, economy
and efficiency audits, operational audits, and value-for-money
audits. The section also requires agencies to develop oversight
plans and to report to the appropriate committees of Congress
on their use of oversight funds, the activities conducted, and
the results achieved.
Sec. 209. Nondiscrimination in disaster assistance with respect to
English proficiency
This section ensures that persons with limited English
proficiency are not discriminated against in the receipt of
disaster assistance by adding ``English proficiency'' to
section 308(a) of the Stafford Act. Section 209 requires the
director of FEMA to identify, in coordination with state and
local governments, population groups with limited English
proficiency. The director shall take into account such groups
in disaster planning; ensure major disaster or emergency
related materials are translated and made available; and
develop and maintain a clearinghouse of model language
assistance programs and best practices for state and local
governments.
TITLE III--COMPREHENSIVE EMERGENCY PREPAREDNESS SYSTEM
Sec. 301. National emergency preparedness
This section amends the Stafford Act to include a new Title
VII entitled ``Comprehensive Emergency Preparedness System.''
This new title establishes in law the major elements of the
National Emergency Preparedness System (NEPS) as part of an
all-hazards, comprehensive emergency management system.
Although this title is focused on ensuring preparedness of
federal, state and local governments, the Committee believes
that FEMA should continue its work in helping individuals
prepare for disasters. FEMA should continue helping individuals
by providing information about hazards and emergencies,
personal emergency plans, and personal preparedness kits. FEMA
should continue to provide recommendations on the contents of
personal preparedness kits, such as first aid supplies, food,
water, self-powered radios (whether powered by battery or
crank), and flashlights.
Under this section, the president is responsible for
establishing the NEPS; the FEMA director would lead the
preparedness efforts related to response, recovery, and
mitigation. This section codifies HSPD-8 with some
modifications. Nothing in this section precludes the president
from including a prevention component in the NEPS and
designating an official as the lead for that component. The
NEPS will ensure a consistent approach to domestic incident
management; establish target capabilities for each level of
government; identify resource needs to fill existing capability
gaps and regularly assess the nation's preparedness level; and
ensure lessons learned and best practices are fully
incorporated into the further development of the NEPS. More
specifically, section 301 adds the following sections to the
Stafford Act:
TITLE VII--COMPREHENSIVE EMERGENCY PREPAREDNESS SYSTEM
Sec. 701. Definitions
This section clarifies that the definitions contained in
section 602 of the Stafford Act apply to this Title and defines
additional key terms and phrases used in this title.
Sec. 702. National emergency preparedness goal
This section requires the president, acting through the
FEMA director, to develop an all-hazards, national emergency
preparedness goal. The goal will define the target level of
emergency preparedness to ensure the nation's ability to
respond to, recover from, and mitigate against the effects of
all hazards, including major disasters and other emergencies.
The goal should be consistent with both the NIMS and the NRP.
Sec. 703. National emergency preparedness system
This section requires the president, acting through the
FEMA director, to establish the NEPS and its major components
to ensure the nation is prepared to respond to, recover from,
and mitigate against the effects of all hazards, including
major disasters and other emergencies.
Sec. 703(b)(1). National planning scenarios
This section authorizes the director to develop planning
scenarios. If the director chooses to develop planning
scenarios, section 703(b)(1) requires planning scenarios to
reflect the relative risk and requirements presented by all
hazards.
Sec. 703(b)(2). Target capabilities and emergency preparedness
priorities
This section requires the director to lead the effort to
update and revise guidelines that define the risk-based target
capabilities for federal, state, and local government emergency
preparedness for all hazards, including major disasters and
other emergencies. These guidelines are to be provided promptly
to Congress and the states, and the states are encouraged to
make the guidelines available to local governments within their
jurisdiction. The guidelines must meet three main objectives--
specificity, flexibility, and measurability--that will ensure
they are usable by their recipients. In establishing the
guidelines, the director must establish priorities that
appropriately balance the risk of all hazards with the
resources required to respond to, recover from and mitigate
against them. Additionally, this section authorizes the
director to provide support for the development of mutual aid
agreements within states.
Sec. 703(b)(3). Equipment
This section requires the director to develop, promulgate,
and update national voluntary consensus standards for first
responder equipment. The standards must encourage and support
nationwide interoperability and operability, protect the safety
and health of first responders, be consistent with existing
standards, utilize where possible existing federal
certifications, be updated to meet new threats, and focus on
maximizing usability. Initial standards are required to be
promulgated not later than 180 days after enactment of the
RESPOND Act. In developing these standards, the director is
required to consult with relevant public and private sector
groups.
Sec. 703(b)(4). Training and exercises
This section requires the director to establish a
comprehensive training program and training standards for all
levels of government. The training program is required to be
established not later than 180 days after enactment of the
RESPOND Act.
Additionally, this section requires the director to
establish a coordinated multi-year exercise program for
achieving capabilities and objectives. The program is to
include risk-based scenarios that push the emergency management
system to its limit, reinforce training standards, evaluate
emergency preparedness, and support the national emergency
preparedness goal, NIMS and NRP.
Sec. 703(b)(5). Comprehensive assessment system
This section requires the director to establish a system of
performance metrics and measures to assess the nation's overall
emergency preparedness. The director is required to develop
each component of the NEPS, NIMS, and NRP with clear and
quantifiable performance metrics and measures. The system is
required to assess compliance with the NEPS, NIMS, and NRP;
current capability levels against their target levels; the
resources needed to reach target capability levels; and the
performance of training, exercises, and operations.
Sec. 703(b)(6). Best practices, after-action reviews, and remedial
action program
This section requires the director to establish a system
for identifying best practices and conducting after action
reviews of incidents and exercises and for taking remedial
actions to ensure the components of the NEPS are refined on a
continual basis.
Sec. 703(b)(7). Federal response capability inventory
This section requires the director to work with other
federal agencies to develop a federal response capability
inventory. The inventory will include performance parameters,
the timeframe for activation, and readiness level of the
capability. Section 703(b)(7) also requires the director to
coordinate with DOD to develop a list of available emergency
assistance related organizations and functions available to
assist civil authorities during a major disaster or emergency.
Sec. 703(b)(8). Report requirements
This section establishes NEPS reporting requirements for
both federal and state governments. Section 703(b)(8) requires
annual reports on the nation's level of preparedness, including
state capabilities, the readiness of federal civil response
assets, and the utilization of mutual aid. Annual reports are
required from any state receiving assistance through section
709.
Sec. 704. National incident management system
This section establishes in law the National Incident
Management System (NIMS) as the nation's consistent approach to
domestic incident management for all hazards, ensuring that all
levels of government across the nation have the capability to
work efficiently and effectively together. Section 704 also
designates the FEMA director as responsible for all aspects of
NIMS, including NIMS completion and coordination,
implementation, maintenance, and revision.
Sec. 705. National response plan
This section designates the FEMA director as responsible
for all aspects of the NRP and requires the director to lead an
effort to revise the NRP to provide clarity, establish a
protocol for a proactive federal response in support of a state
to a catastrophic disaster, and ensure integration with NIMS.
Section 705 also requires the director to develop pre-scripted
NRP mission assignments with major federal agencies,
particularly DOD, for important areas such as communications,
logistical support, and mass care to expedite interagency
requests.
Sec. 706. Federal emergency preparedness
This section requires the president to ensure federal
agencies comply with NIMS and the NRP and establish and
maintain their target levels of emergency management
capabilities. Section 706 does not apply to DOD to avoid
conflict with existing DOD chain of command structures.
Sec. 707. National emergency preparedness task force
This section establishes a task force that ensures
effective and ongoing coordination of federal emergency
management with state and local governments and private sector
entities. The task force members are selected from elected
officials and from national, state, and local emergency
management and first responder organizations, and should
include the Emergency Management Accreditation Program and
state Adjutant Generals. Section 707 will assist in the
incorporation of professional state and local input at all
stages of the NEPS development, particularly during the early
stages.
Sec. 708. National incident management system and national response
plan integration center
This section authorizes the NIMS and NRP Integration
Center. Section 708 will ensure completion, implementation,
maintenance, and revision of NIMS and the NRP.
Sec. 709. Authorization
This section authorizes a new grant program to assist state
and local governments in implementation of the NEPS.
Sec. 302. Emergency management assistance compact grants
This section authorizes the director to provide assistance
to the Emergency Management Assistance Compact (EMAC). These
grants shall be used to carry out recommendations from past
EMAC After-Action Hurricane Reports and assist continued
coordination between federal agencies and the states.
Legislative History and Committee Consideration
Since DHS was created in 2002, the Committee has held a
number of hearings to assess how FEMA was being integrated into
DHS and determine whether its disaster response mission was
diminished in the new Department.
On March 18, 2004 the Subcommittee on Economic Development,
Public Buildings and Emergency Management (the Subcommittee)
held a hearing on the FY 2005 Budget Request for the Department
of Homeland Security's Emergency Preparedness and Response
Directorate (EP&R), the Office of Domestic Preparedness (ODP),
and First Responder Funding. The hearing also explored how the
Administration's budget request interacts with its policy
directives as well as how these policy directives serve to
prepare the nation for all the hazards that it faces. The
Subcommittee heard from Michael Brown, then-Undersecretary for
Emergency Preparedness and Response at the Department of
Homeland Security. This hearing explored whether the budget
request by the Administration accurately reflected its stated
policy to pursue an all-hazards preparedness plan at the
federal level. Mr. Brown assured the Subcommittee that the
Department was pursuing an all-hazards strategy, and testified
that the budget request furthers that policy by providing
funding to terrorism preparedness in a manner that supports the
all-hazards principle.
On May 13, 2004, the Subcommittee held a hearing entitled,
``How to Best Prepare for Acts of Terror: National Preparedness
and Funding for First Responders.'' At this hearing, the
Subcommittee heard from William Jenkins, Director of the
Homeland Security and Justice Division at the General
Accounting Office; Andrew Mitchell, Deputy Director of the
Office of Domestic Preparedness at DHS; and George Foresman,
Assistant to the Governor for Commonwealth Preparedness for the
Commonwealth of Virginia. At this hearing, the Subcommittee
discussed the delay in funding for first responders and further
information on the choice between an all-hazard or terrorism
specific preparedness and response system. Andrew Mitchell and
George Foresman both supported the implementation of an all-
hazards system as being the preferred means of protecting
America.
On April 14, 2005, the Subcommittee held a hearing on ``The
National Preparedness System: What Are We Preparing For?'' At
this hearing, the Subcommittee heard from Corey D. Gruber,
Associate Director of the Office of Domestic Preparedness at
DHS, Gil Jamison, Director of the National Incident Management
System Integration Center of DHS, David E. Liebersbach,
President of the National Emergency Management Association and
Director of the Division of Homeland Security & Emergency
Management for the State of Alaska, Chief John Buckman, Past
President for the International Association of Fire Chiefs,
Captain John P. Salle, International Association of Chiefs of
Police, Armond Mascelli, Vice President of Emergency Response
for the American Red Cross, and Dewayne West, Vice Chairman,
Emergency Management Accreditation Program Commission,
President of the International Association of Emergency
Managers, and Director of Emergency Management for Johnson
County, North Carolina.
In October and November of 2005, the Subcommittee held a
series of hearings in connection with Hurricane Katrina. These
hearings focused on the many different aspects of the response
and recovery of the Gulf region. On October 6, 2005, the
Subcommittee held an oversight hearing to examine FEMA's
ability to manage a successful recovery of the region. On
October 18, the Subcommittee held a joint hearing with the
Subcommittee on Water Resources and Environment on options for
and the feasibility of rebuilding New Orleans. On November 3,
2005, the Subcommittee held a hearing to consider legislative
proposals relating to Hurricane Katrina recovery operations.
On February 16, 2006, the Full Committee held a hearing
entitled ``Disasters and the Department of Homeland Security:
Where Do We Go From Here?'' At this hearing the Committee heard
from DHS Secretary Michael Chertoff. At this hearing, the
Committee discussed the key findings of the federal
government's inadequate response to Hurricane Katrina and DHS's
perspective on improving emergency management capabilities and
readiness at the federal, state, and local levels. Shortly
after this hearing, both Republicans and Democrats on the
Committee submitted written Questions for the Record to
Secretary Chertoff. However, despite establishing deadlines in
April 2006 for the written responses to those questions to be
submitted to the Committee, and despite repeated requests that
the responses be submitted, the Committee has yet to receive
the responses from Secretary Chertoff.
In February 2006, the Subcommittee held a series of field
hearings to seek state and local government input for improving
the federal government's capability and readiness in responding
to catastrophic disasters and to discuss how to enhance state
and local response capabilities. On February 23, 2006, the
Subcommittee held a field hearing in Whittier, California
entitled ``The Big One . . . How Do We Ensure A Robust Federal
Response To A Catastrophic Earthquake In The Los Angeles
Region?'' At this hearing, the Subcommittee heard from Dr. Lucy
Jones, U.S. Geological Survey, Ellis M. Stanley, Sr., CEM, City
of Los Angeles Emergency Preparedness Department, Ann-Marie
Hayashi, City of Whittier Emergency Services, and Henry
Renteria, Director, California Office of Emergency Services. On
February 24, 2006, the Subcommittee held a field hearing in St.
Louis, Missouri entitled ``How Do We Ensure a Robust Federal
Response to a Catastrophic Earthquake in the New Madrid
Region?'' At this hearing, the Subcommittee heard from Jim
Wilkinson, Central United States Earthquake Consortium, Dr.
Eugene ``Buddy'' Schweig, U.S. Geological Survey, Michael S.
Pawlowski, Federal Emergency Management Agency, Ronald
Reynolds, Director, Missouri State Emergency Management Agency,
William C. Burke, Director, Illinois Emergency Management
Agency, and the Honorable James Talent, U.S. Senator, Missouri.
On May 9, 2006, Mr. Young of Alaska, Mr. Oberstar, Mr.
Davis of Virginia, Mr. Shuster and Ms. Norton introduced H.R.
5316, which was referred to the Committee on Transportation and
Infrastructure. The legislation was also referred to the
Committees on Homeland Security and Government Reform for a
period to be subsequently determined by the Speaker and for
consideration of the provisions within each committee's
respective jurisdiction.
On May 17, 2006, the Full Committee met in open session to
consider H.R. 5316. A manager's amendment offered by Mr.
Shuster was adopted by voice vote, with a quorum present. A
motion by Mr. Shuster to order H.R. 5316, as amended, favorably
reported to the House was unanimously agreed to by the Full
Committee by voice vote with a quorum present. There were no
recorded votes taken during Committee consideration of H.R.
5316.
Rollcall Votes
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each rollcall vote on a motion to
report and on any amendment offered to the measure or matter,
and the names of those members voting for and against. There
were no recorded votes taken in connection with ordering H.R.
5316.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Compliance With House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office
included below.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
performance goals and objective of this legislation are to
establish FEMA as an independent cabinet level agency, greatly
strengthen FEMA, and create a national system to improve
emergency preparedness at all levels of government to resolve
issues brought to light by Hurricane Katrina and the subsequent
investigations into the preparedness and response to Hurricane
Katrina to ensure successful response to future disasters.
3. With respect to the requirement 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.
5316 from the Director of the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 2, 2006.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure, 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. This estimate supersedes the initial
cost estimate transmitted on May 24, 2006. The new estimate
corrects an error that CBO made in its previous estimate for
H.R. 5316.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Julie
Middletown.
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 the nation 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 $804 million
over the 2007-2009 period for a catastrophe planning program,
emergency equipment grants for states, grants to administer an
existing emergency assistance compact among states, and
management funds for the National Incident Management System
(NIMS), which is managed by FEMA. 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
about $1.1 billion 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 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.
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 Administration:
Estimated Authorization 17 17 17 17 17
Level......................
Estimated Outlays........... 15 17 17 17 17
Grants for NEPS Implementation:
Estimated Authorization 100 102 104 106 107
Level......................
Estimated Outlays........... 10 47 79 102 104
Emergency Equipment Assistance
Grants:
Authorization Level......... 200 200 200 0 0
Estimated Outlays........... 20 94 156 156 82
Emergency Management Assistance
Compact Grants:
Authorization Level......... 4 4 4 0 0
Estimated Outlays........... 0 2 3 3 2
Catastrophe Planning Program:
Authorization Level......... 30 32 34 0 0
Estimated Outlays........... 14 23 29 18 8
National Incident Management
System:
Authorization Level......... 30 32 34 0 0
Estimated Outlays........... 14 23 29 18 8
Total Changes:
Estimated Authorization 381 387 393 123 124
Level......................
Estimated Outlays........... 73 206 313 314 221
------------------------------------------------------------------------
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 about $1.1 billion 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.) Assuming appropriation of the necessary
funds, CBO estimates that the new IG office would add about $15
million annually to the agency's administrative costs.
Under is 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. 5116 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 prepardness 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 2007-2009 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 $500 million over the 2007-2011
period, assuming appropriation of the specified amounts.
(Additional outlays from the authorized amounts would occur
after 2011.)
Emergency management assistance compact grants
The bill would authorize the appropriation of $4 million a
year over the 2007-2009 period for grants to help certain
states to administer and coordinate activities under the
Emergency Management Assistance Compact authorized by Public
Law 104-321. Based on spending patterns of similar programs,
CBO estimates that providing these grants would cost about $10
million over the 2007-2011 period, assuming appropriation of
the specified amounts.
Catastrophe planning program
H.R. 5316 would authorize the appropriation of $96 million
over the 2007-2009 period to implement a catastrophe planning
program which would include developing plans to address
catastrophes, training state and local government officials,
and conducting exercises to test the efficacy of those plans.
Based on historical spending patterns of similar programs, CBO
estimates that implementing this provision would cost $93
million over the 2007-2011 period.
National incident management system
H.R. 5316 would authorize the appropriation of $96 million
over the 2007-2009 period to implement, maintain, and revise
the NIMS and the National Response Plan (NRP). NIMS establishes
a framework for governmental, nongovernmental, and private-
sector entities to work cooperatively to prepare for, respond
to, and recover from disasters of any kind. The NRP is based on
the NIMS and provides the operational direction for these
entities to deal with disasters. Based on historical spending
patterns of these programs, CBO estimates that implementing
this provision would cost $93 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 May 24, 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. This cost
estimate revises and supersedes the earlier estimate.
In our previous estimate for H.R. 5316, CBO interpreted
title III of the bill as authorizing the appropriation of such
sums as are necessary for many disaster preparedness grants to
state and local governments. We estimated that continuing the
current level of funding for those grant programs over the next
five years and adjusted for anticipated inflation would cost
$9.8 billion over the 2007-2011 period, assuming appropriation
of the necessary and authorized amounts.
CBO has concluded that our initial interpretation of title
III was an error. The authorization of appropriations in title
III of H.R. 5316 applies only to the new state grants
authorized by that title, not all existing state grant programs
for emergency preparedness. Based on information from state and
local entities, CBO estimates that implementing this new grant
program would cost about $340 million over the 2007-2011
period, assuming appropriation of the necessary funds.
On May 24, 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. On June 2, 2006, CBO
issued a revised estimate for H.R. 5351 to correct the
statement made in that estimate concerning the cost of
implementing H.R. 5316. (The estimate of costs for H.R. 5351 is
unchanged.)
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.
Constitutional Authority Statement
Pursuant to clause (3)(d)(1) of rule XIII of the Rules of
the House of Representatives, committee reports on a bill or
joint resolution of a public character shall include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
Federal Mandates Statement
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local or
tribal law. The Committee states that H.R. 5316 does not
preempt any state, local or tribal law.
Advisory Committee Statement
An advisory committee within the meaning of section 5(b) of
the Federal Advisory Committee Act is created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
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; and
(6) establishing a streamlined deployment system.
(c) Annuitants.--If an individual receiving an annuity from
the Civil Service Retirement and Disability Fund becomes
temporarily reemployed pursuant to this section, such annuity
shall not be discontinued thereby. An individual so reemployed
shall not be considered an employee for the purposes of chapter
83 or 84.
(d) Expenses.--The Director may provide members of the
disaster workforce reserve cadre transportation and per diem in
lieu of subsistence, in accordance with applicable provisions
of this title, for the purpose of participating in any training
that relates to service as a member of the disaster workforce
reserve cadre.
* * * * * * *
----------
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
* * * * * * *
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) * * *
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE V--EMERGENCY PREPAREDNESS AND RESPONSE
* * * * * * *
[Sec. 507. Role of Federal Emergency Management Agency.]
* * * * * * *
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. Each emergency response team shall work in
coordination with State and local officials and onsite
emergency personnel associated with a particular
incident.
(4) Readiness reporting.--The Director shall evaluate
team readiness on a regular basis and report team
readiness levels in the report required under section
703(b)(8)(A).
* * * * * * *
NONDISCRIMINATION IN DISASTER ASSISTANCE
Sec. 308. (a) The President shall issue, and may alter and
amend, such regulations as may be necessary for the guidance of
personnel carrying out Federal assistance functions at the site
of a major disaster or emergency. Such regulations shall
include provisions for insuring that the distribution of
supplies, the processing of applications, and other relief and
assistance activities shall be accomplished in an equitable and
impartial manner, without discrimination on the grounds of
race, color, religion, nationality, sex, age, English
proficiency, or economic status.
* * * * * * *
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, and
$34,000,000 for fiscal year 2009. 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 2007, 2008, and 2009. 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 709 and any other
emergency preparedness grant administered by the
Federal Emergency Management Agency.
(3) Mission assignment.--The term ``mission
assignment'' means a work order issued to a Federal
agency by the Federal Emergency Management Agency,
directing completion by that agency of a specified task
and setting forth funding, other managerial controls,
and guidance.
(4) Operational readiness.--The term ``operational
readiness'' means the capability of an organization, an
asset, a system, or equipment to perform the missions
or functions for which it is organized or designed.
(5) Performance measure.--The term ``performance
measure'' means a quantitative or qualitative
characteristic used to gauge the results of an outcome
compared to its intended purpose.
(6) Performance metric.--The term ``performance
metric'' means a particular value or characteristic
used to measure the outcome that is generally expressed
in terms of a baseline and a target.
SEC. 702. NATIONAL EMERGENCY PREPAREDNESS GOAL.
(a) Establishment.--The President, acting through the
Director, shall establish and revise as necessary a national
emergency preparedness goal that defines the target level of
emergency preparedness to ensure the Nation's ability to
respond to, recover from, and mitigate against all hazards,
including major disasters and other emergencies.
(b) National Incident Management System and National Response
Plan.--The national emergency preparedness goal, to the
greatest extent practicable, shall be consistent with the
national incident management system and national response plan.
SEC. 703. ESTABLISHMENT OF THE NATIONAL EMERGENCY PREPAREDNESS SYSTEM.
(a) Establishment.--The President, acting through the
Director, shall establish a national emergency preparedness
system to enable the Nation to meet the national emergency
preparedness goal.
(b) Components.--The national emergency preparedness system
includes the following components:
(1) National planning scenarios.--
(A) In general.--The Director, in
coordination with the heads of other
appropriate Federal agencies and the Task Force
established under section 707(a), may develop
planning scenarios to reflect the relative risk
requirements presented by all hazards in order
to provide the foundation for the flexible and
adaptive development of target capabilities and
the identification of target capability levels
to meet the national emergency preparedness
goal.
(B) Development.--In developing national
planning scenarios, the Director shall ensure
that the scenarios--
(i) reflect the relative risk of all
hazards and illustrate the potential
scope, magnitude, and complexity of a
broad range of representative hazards;
and
(ii) provide the minimum number of
representative scenarios necessary to
identify and define the tasks and
target capabilities required to respond
to all hazards.
(2) Target capabilities and emergency preparedness
priorities.--
(A) Establishment of guidelines on target
capabilities.--Not later than 180 days after
the date of enactment of the Restoring
Emergency Services to Protect Our Nation From
Disasters Act of 2006, the Director, in
coordination with the heads of other
appropriate Federal agencies, including the
National Council on Disability, and the Task
Force established under section 707(a), shall
update and revise as necessary guidelines to
define the risk-based target capabilities for
Federal, State, and local government emergency
preparedness that enables the Nation to respond
to, recover from, and mitigate against all
hazards, including major disasters and other
emergencies.
(B) Distribution of guidelines.--The Director
shall ensure that the guidelines are provided
promptly to Congress and the States. The States
are encouraged to make the guidelines available
to local governments within their
jurisdictions.
(C) Objectives.--The Director shall ensure
that the guidelines established under
subparagraph (A) meet the following objectives:
(i) Specificity.--The guidelines
specifically describe the training,
planning, personnel, and equipment that
Federal, State, and local governments
need to possess, or to which they need
to have access, in order to meet the
national emergency preparedness goal.
(ii) Flexibility.--The guidelines are
sufficiently flexible to allow Federal,
State, and local government officials
to set priorities based on particular
needs, while achieving nationally
determined emergency preparedness
levels within a specified time period.
(iii) Measurability.--The guidelines
are designed to enable measurement of
progress toward specific emergency
preparedness levels.
(D) Emergency preparedness priorities.--In
establishing the guidelines under subparagraph
(A), the Director shall establish emergency
preparedness priorities that appropriately
balance the risk of all hazards, including
major disasters and other emergencies with the
resources required to respond to, recover from,
and mitigate against them.
(E) Mutual aid agreements.--The Director may
provide support for the development of mutual
aid agreements within States.
(3) Equipment.--
(A) Equipment standards.--
(i) In general.--The Director, in
coordination with the heads of other
appropriate Federal agencies and the
Task Force established under section
707(a), shall develop, promulgate, and
update as necessary national voluntary
consensus standards for first responder
equipment for use in the field. In
developing such standards, the Director
shall--
(I) ensure that the standards
encourage and support
nationwide interoperability and
operability of equipment and
other capabilities consistent
with the national emergency
preparedness goal, including
the safety and health of first
responders;
(II) to the maximum extent
practicable, ensure that the
standards are consistent with
any existing voluntary
consensus standards;
(III) to the maximum extent
practicable, ensure that the
standards use technologies
already certified by other
Federal agencies of the United
States;
(IV) take into account, as
appropriate, threats that may
not have been contemplated when
such existing standards were
developed; and
(V) focus on maximizing
interoperability, operability,
interchangeability, durability,
flexibility, efficiency,
efficacy, portability,
sustainability, and safety of
equipment.
(ii) Deadline.--Not later than 180
days after the date of enactment of the
Restoring Emergency Services to Protect
Our Nation From Disasters Act of 2006,
the Director shall promulgate standards
under this subparagraph.
(B) Consultation with standards
organizations.--Before issuing standards, the
Director shall also consult with relevant
public and private sector standards
organizations.
(4) Training and exercises.--
(A) Program.--Not later than 180 days after
the date of enactment of the Restoring
Emergency Services to Protect Our Nation From
Disasters Act of 2006, the Director, in
coordination with the heads of other
appropriate Federal agencies, including the
National Council on Disability, and the Task
Force established under section 707(a), shall
establish and maintain a comprehensive training
program for all levels of government to
implement the national emergency preparedness
goal, national incident management system, and
national response plan.
(B) Training standards.--The Director shall
develop and update as necessary, national
voluntary consensus standards for the training
program established under subparagraph (A).
(C) Exercises.--The Director, in coordination
with the heads of other appropriate Federal
agencies and the Task Force established under
section 707(a), shall establish and maintain a
program, including risk-based scenarios that
stress the emergency management system, to
conduct emergency preparedness-related
exercises that reinforce identified training
standards, provide for evaluation of emergency
preparedness, and support the national
emergency preparedness goal, national incident
management system, and national response plan.
(5) Comprehensive assessment system.--
(A) Establishment.--The Director, in
coordination with the National Council on
Disability and the Task Force established under
section 707(a), shall establish a comprehensive
system to assess on an ongoing basis, the
Nation's overall emergency preparedness,
including operational readiness.
(B) Performance metrics and measures.--The
Director shall ensure that each component of
the national emergency preparedness system,
national incident management system, and
national response plan is developed with clear
and quantifiable performance metrics, measures,
and outcomes.
(C) Contents.--The assessment system
established under subparagraph (A) shall
assess--
(i) compliance with the national
emergency preparedness system, national
incident management system, and
national response plan to achieve a
consistent approach to national
emergency preparedness and response;
(ii) capability levels at the time of
assessment against target capability
levels defined pursuant to the
guidelines established under paragraph
(2)(A);
(iii) resource needs to meet the
desired target capability levels
defined pursuant to the guidelines
established under paragraph (2)(A); and
(iv) performance of training,
exercises, and operations.
(6) Best practices, after action reviews, and
remedial action program.--
(A) In general.--The Director, in
coordination with the National Council on
Disability and the Task Force established under
section 707(a), shall establish a system for
identifying best practices and conducting after
action reviews of incidents and exercises.
(B) Remedial action.--The Director, in
coordination with the National Council on
Disability and the Task Force established under
section 707(a), shall ensure through a remedial
action program that the best practices and
after action reviews identified under
subparagraph (A) are used to revise and update
the national emergency preparedness system,
national incident management system, and
national response plan on a continual basis.
(7) Federal response capability inventory.--
(A) In general.--Not later than 180 days
after the date of enactment of the Restoring
Emergency Services to Protect Our Nation From
Disasters Act of 2006, the Director, in
coordination with the heads of other
appropriate Federal agencies, shall develop and
maintain a Federal response capability
inventory that includes the performance
parameters of the capability, the timeframe
within which the capability can be brought to
bear on an incident, and the readiness of such
capability to respond to all hazards, including
major disasters and other emergencies.
(B) Department of defense.--The Director, in
coordination with the Secretary of Defense,
shall develop a list of organizations and
functions within the Department of Defense that
may be used, pursuant to the authority provided
under sections 402, 403, and 502 of this Act,
to provide support to civil authorities during
major disasters and other emergencies.
(8) Reporting requirements.--
(A) Federal emergency preparedness report.--
(i) In general.--Not later than 12
months after the date of enactment of
the Restoring Emergency Services to
Protect Our Nation From Disasters Act
of 2006, and annually thereafter, the
Director, in coordination with the
heads of other appropriate Federal
agencies, shall submit to the Committee
on Transportation and Infrastructure of
the House of Representatives and the
Committee on Homeland Security and
Governmental Affairs of the Senate a
report on the Nation's level of
emergency preparedness.
(ii) Contents.--Each report shall
include--
(I) an assessment of how
Federal emergency preparedness
assistance supports the
national emergency preparedness
system;
(II) an assessment of
compliance with the national
emergency preparedness system,
national incident management
system, and national response
plan;
(III) an assessment of
current Federal and State
capability levels and a
description of target
capability levels defined
pursuant to the guidelines
established under paragraph
(2)(A);
(IV) an assessment of
performance of training,
exercises, and operations;
(V) information on the use of
mutual aid agreements;
(VI) a review of the
inventory described in
paragraph (7)(A); and
(VII) an assessment of
resource needs to meet target
capability levels defined
pursuant to the guidelines
established under paragraph
(2)(A), including--
(aa) an estimate of
the amount of Federal,
State, and local
expenditures required
to attain the target
capability levels; and
(bb) the extent to
which target capability
levels were created or
enhanced as the result
of using covered grant
funds during the
preceding fiscal year.
(B) State emergency preparedness report.--
(i) In general.--Not later than 15
months after the date of enactment of
the Restoring Emergency Services to
Protect Our Nation From Disasters Act
of 2006, and annually thereafter, a
State receiving a covered grant shall
submit a report to the Director on the
State's level of emergency
preparedness.
(ii) Contents.--Each report shall
include--
(I) an assessment of State
compliance with the national
emergency preparedness system,
national incident management
system, and national response
plan;
(II) an assessment of current
capability levels and a
description of target
capability levels;
(III) an assessment of State
performance of training,
exercises, and operations;
(IV) information on the use
of mutual aid agreements;
(V) information on the
distribution by the State of
the guidelines established by
paragraph (2)(A) to local
governments within its
jurisdiction; and
(VI) an assessment of
resource needs to meet target
capability levels defined
pursuant to the guidelines
established under paragraph
(2)(A), including--
(aa) an estimate of
the amount of
expenditures required
to attain the target
capability levels; and
(bb) the extent to
which target capability
levels were created or
enhanced as the result
of using covered grant
funds during the
preceding fiscal year.
(C) Use of quantifiable performance
measurements.--To the extent practicable, each
report shall be based on quantifiable
performance measurements.
SEC. 704. NATIONAL INCIDENT MANAGEMENT SYSTEM.
(a) National Incident Management System.--There is hereby
established a national incident management system that
encompasses a single, comprehensive approach to domestic
incident management to ensure that all levels of government
across the Nation have the capability to work efficiently and
effectively together by using a consistent approach to domestic
incident management for all hazards, including major disasters
and other emergencies.
(b) Responsibilities of Director.--
(1) Responsibility for system.--The Director shall be
responsible for all aspects of the national incident
management system, including completing, implementing,
maintaining, and revising the system.
(2) Coordination of system.--The Director shall
coordinate with the heads of other appropriate Federal
agencies in revising the system.
SEC. 705. NATIONAL RESPONSE PLAN.
(a) Responsibilities of Director.--
(1) Responsibility for plan.--The Director shall be
responsible for all aspects of the national response
plan, including completing, implementing, maintaining,
and revising the plan.
(2) Coordination of plan.--The Director shall
coordinate with the heads of other appropriate Federal
agencies, including the National Council on Disability,
in revising the plan.
(b) Initial Review and Revision of Response Plan.--
(1) In general.--Not later than March 1, 2007, the
Director shall, in coordination with the heads of other
appropriate Federal agencies, including the National
Council on Disability, and the Task Force established
under section 707(a), complete a comprehensive review
of the national response plan for the purpose of
identifying areas for revision.
(2) Review and revise.--As part of the review, the
Director shall review and revise the national response
plan--
(A) to ensure integration and consistency
with the national incident management system;
(B) to establish a protocol for a proactive
Federal response in support of a State to a
catastrophic disaster with or without warning;
and
(C) to clarify the role of who is in charge
of the Federal disaster response.
(c) Mission Assignments.--To expedite the provision of
assistance under the national response plan, the Director, in
coordination with the heads of other appropriate Federal
agencies and the Task Force established under section 707(a),
shall develop prescripted mission assignments for logistics,
communications, mass care, health services, and public safety.
SEC. 706. FEDERAL EMERGENCY PREPAREDNESS.
(a) Agency Responsibility.--In support of the national
emergency preparedness system established under this title, the
President shall ensure that each Federal agency with
responsibility for responding to major disasters and other
emergencies shall--
(1) have the operational capability, including the
personnel to make and communicate decisions,
organizational structures that are assigned, trained,
and exercised for their missions, sufficient physical
resources, and the command, control, and communication
channels to make, monitor, and communicate decisions to
meet the national emergency preparedness goal;
(2) have the operational command and control
structures that comply with the national incident
management system;
(3) develop, in support of crisis operational
capability, a deliberate planning capability, including
plans, personnel, and training; and
(4) develop, train, and exercise rosters of disaster
response personnel to be deployed when the organization
is called upon to support a Federal response.
(b) Construction.--Nothing in this section shall limit the
authority of the Secretary of Defense with regard to the
command and control, training, planning, equipment, exercises,
or employment of Department of Defense forces, or the
allocation of Department of Defense resources.
SEC. 707. NATIONAL EMERGENCY PREPAREDNESS TASK FORCE.
(a) Establishment.--The Director shall establish a National
Emergency Preparedness Task Force (referred to in this section
as the ``Task Force'') to ensure effective and ongoing
coordination of Federal emergency preparedness, response,
recovery, and mitigation efforts for all hazards that
incorporates State and local government and private sector
input in the development and revision of the national emergency
preparedness goal, the national emergency preparedness system,
national incident management system, and national response
plan.
(b) Membership.--
(1) In general.--The Task Force shall consist of
members appointed by the Director from among
representatives of--
(A) national organizations representing State
and local governments;
(B) national, State, and local emergency
management organizations; and
(C) national, State, and local emergency
response organizations, including governmental
and nongovernmental organizations.
(2) Representation.--To the extent practicable, Task
Force members shall represent--
(A) geographically diverse areas (including
urban and rural);
(B) State and local elected officials;
(C) national, State, and local emergency
management professional organizations; and
(D) individuals involved in a cross section
of emergency response disciplines and
professions, including as appropriate fire
service and law enforcement, hazardous
materials response, emergency medical services,
public works personnel routinely engaged in
emergency response, health professionals, and
organizations with expertise in accrediting and
establishing standards for emergency management
services.
(3) Consultation with the department of health and
human services.--In the selection of members of the
Task Force who are health professionals, including
emergency medical professionals, the Director shall
consult with the Secretary of Health and Human
Services.
(4) Ex officio members.--The Director shall designate
one or more officers from the Federal Emergency
Management Agency to serve as an ex officio member of
the Task Force.
SEC. 708. NATIONAL INCIDENT MANAGEMENT SYSTEM AND NATIONAL RESPONSE
PLAN INTEGRATION CENTER.
(a) In General.--In order to carry out the duties of the
Director related to the National Incident Management System and
National Response Plan, there is established a National
Incident Management System and National Response Plan
Integration Center.
(b) Responsibilities.--The head of the Center shall establish
a system to ensure completion, implementation, maintenance, and
revision of the National Incident Management System and the
National Response Plan and perform such other duties as the
Director may require.
(c) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $30,000,000 for
fiscal year 2007, $32,000,000 for fiscal year 2008, and
$34,000,000 for fiscal year 2009. Such sums shall remain
available until expended.
SEC. 709. AUTHORIZATION.
(a) In General.--The Director is authorized to make grants to
any State or local government for the purpose of carrying out
this title.
(b) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section such sums as are
necessary for the Director to assist State and local
governments to meet requirements under this title.
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) * * *
* * * * * * *