[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3656 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3656

     To reestablish the Federal Emergency Management Agency as an 
   independent establishment in the executive branch, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 6, 2005

  Mr. Dingell (for himself, Mr. Stupak, Mr. Hastings of Florida, Mr. 
  Boren, Ms. Lee, Mr. Moore of Kansas, Mr. Sherman, Ms. DeGette, Mr. 
      Boucher, Mr. Towns, Mr. Rothman, Mr. Andrews, Mr. Ross, Mr. 
Ruppersberger, Mr. Brown of Ohio, Ms. DeLauro, Mr. Engel, Mr. Grijalva, 
Mr. Levin, Mr. Hinchey, Ms. Linda T. Sanchez of California, Ms. Kaptur, 
 Mr. Kucinich, Mr. Ryan of Ohio, Mr. Kildee, Mr. Baca, Mr. Visclosky, 
   Mr. Thompson of California, Mr. Davis of Florida, Ms. McCollum of 
Minnesota, Mr. Weiner, Mr. Cardoza, Mr. Meehan, Mr. Wu, Mr. Berman, Ms. 
  Kilpatrick of Michigan, Mrs. Maloney, Mr. Crowley, Mr. Inslee, Ms. 
    Bordallo, Mr. Filner, Mr. Frank of Massachusetts, Mr. Holt, Mr. 
Kanjorski, Mr. McDermott, Mr. Nadler, Mr. Gonzalez, Mrs. Lowey, and Mr. 
Moran of Virginia) introduced the following bill; which was referred to 
the Committee on Transportation and Infrastructure, and in addition to 
  the Committee on Homeland Security, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
     To reestablish the Federal Emergency Management Agency as an 
   independent establishment in the executive branch, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Emergency Management 
Restoration and Improvement Act''.

              TITLE I--FEDERAL EMERGENCY MANAGEMENT AGENCY

SEC. 101. FEDERAL EMERGENCY MANAGEMENT AGENCY.

    (a) Independent Establishment.--The Federal Emergency Management 
Agency shall be an independent establishment in the executive branch.
    (b) 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 of the Federal Emergency Management 
        Agency 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 of the Federal Emergency 
        Management Agency shall be appointed from among persons who 
        have significant experience, knowledge, training, and expertise 
        in the area of emergency preparedness, response, recovery, and 
        mitigation as related to natural disasters and other national 
        cataclysmic events.
    (c) Deputy Director.--
            (1) In general.--There shall be in the Federal Emergency 
        Management Agency one Deputy Director, who shall be appointed 
        by the President, by and with the advice and consent of the 
        Senate. The Deputy Director shall be compensated at the rate 
        provided for at level II of the Executive Schedule under 
        section 5313 of title 5, United States Code.
            (2) Qualifications.--The Deputy Director shall be appointed 
        from among persons who have extensive background in disaster 
        response and disaster preparedness.
            (3) Responsibilities.--Subject to the direction and control 
        of the Director of the Federal Emergency Management Agency, the 
        Deputy Director shall have primary responsibility within the 
        Agency for natural disasters and non-natural disasters, 
        including large-scale terrorist attacks.

               TITLE II--TRANSFER AND SAVINGS PROVISIONS

SEC. 201. TRANSFER OF FUNCTIONS.

    There shall be transferred to the Director of the Federal Emergency 
Management Agency--
            (1) the functions (including the functions under paragraphs 
        (3) and (8) of section 430(c) of the Homeland Security Act of 
        2002 (6 U.S.C. 238(c)), personnel, assets, and liabilities of 
        the Department of Homeland Security relating to the Federal 
        Emergency Management Agency; and
            (2) the functions of the Department of Homeland Security 
        under sections 502 (other than paragraph (2)) and 503(2) of the 
        Homeland Security Act of 2002 (6 U.S.C. 312, 313), and the 
        personnel, assets, and liabilities of the Department relating 
        to such functions.

SEC. 202. TRANSITION PERIOD.

    The transfers under this title shall be carried out as soon as 
practicable after the date of enactment of this Act. During the 
transition period, the Secretary of Homeland Security shall provide to 
the Director of the Federal Emergency Management Agency such 
assistance, including the use of personnel and assets, as the Director 
may request in preparing for the transfer.

SEC. 203. PERSONNEL PROVISIONS.

    (a) Appointments.--The Director of the Federal Emergency Management 
Agency 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 this title. 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.
    (b) Experts and Consultants.--The Director of the Federal Emergency 
Management Agency 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) 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 
of the Federal Emergency Management Agency 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.

SEC. 204. DELEGATION AND ASSIGNMENT.

    Except where otherwise expressly prohibited by law or otherwise 
provided by this title, the Director of the Federal Emergency 
Management Agency may delegate any of the functions transferred to the 
Director of the Federal Emergency Management Agency by this title and 
any function transferred or granted to such Director after the 
effective date of this title to such officers and employees of the 
Federal Emergency Management 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 of 
the Federal Emergency Management Agency under this section or under any 
other provision of this title shall relieve such Director of 
responsibility for the administration of such functions.

SEC. 205. REORGANIZATION.

    The Director of the Federal Emergency Management Agency is 
authorized to allocate or reallocate any function transferred under 
section 201 among the officers of the Federal Emergency Management 
Agency, and to establish, consolidate, alter, or discontinue such 
organizational entities in the Federal Emergency Management Agency as 
may be necessary or appropriate.

SEC. 206. RULES.

    The Director of the Federal Emergency Management Agency is 
authorized to 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 Federal Emergency Management Agency.

SEC. 207. 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 this title, subject to section 1531 of title 31, United 
States Code, shall be transferred to the Federal Emergency Management 
Agency. Unexpended funds transferred pursuant to this section shall be 
used only for the purposes for which the funds were originally 
authorized and appropriated.

SEC. 208. INCIDENTAL TRANSFERS.

    The Director of the Office of Management and Budget, at such time 
or times as the Director shall provide, is authorized to make such 
determinations as may be necessary with regard to the functions 
transferred by this title, and to 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.

SEC. 209. EFFECT ON PERSONNEL.

    (a) 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.
    (b) Executive Schedule Positions.--Except as otherwise provided in 
this title, any person who, on the day preceding the effective date of 
this title, 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 Federal 
Emergency Management 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. 210. SAVINGS PROVISIONS.

    (a) Continuing Effect of Legal Documents.--All orders, 
determinations, rules, regulations, permits, agreements, grants, 
contracts, certificates, licenses, registrations, privileges, and other 
administrative actions--
            (1) 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 which are transferred under this 
        title, and
            (2) which are in effect at the time this title takes 
        effect, or were final before the effective date of this title 
        and are to become effective on or after the effective date of 
        this title,
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 of the Federal Emergency Management Agency 
or other authorized official, a court of competent jurisdiction, or by 
operation of law.
    (b) 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 Federal Emergency Management Agency at 
the time this title takes effect, with respect to functions transferred 
by this title 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 
subsection 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.
    (c) Suits not Affected.--The provisions of this title shall not 
affect suits commenced before the effective date of this title, 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.
    (d) Nonabatement of Actions.--No suit, action, or other proceeding 
commenced by or against the Federal Emergency Management Agency, or by 
or against any individual in the official capacity of such individual 
as an officer of the Federal Emergency Management Agency, shall abate 
by reason of the enactment of this title.
    (e) Administrative Actions Relating to Promulgation of 
Regulations.--Any administrative action relating to the preparation or 
promulgation of a regulation by the Federal Emergency Management Agency 
relating to a function transferred under this title may be continued by 
the Federal Emergency Management Agency with the same effect as if this 
title had not been enacted.

SEC. 211. 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 this title--
            (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. 212. CONFORMING AMENDMENTS AND REPEALS.

    (a) Homeland Security Act of 2002.--
            (1) Section 504.--Section 504(a) of the Homeland Security 
        Act of 2002 (6 U.S.C. 314(a)) is amended by striking ``, major 
        disaster,''.
            (2) Repeals.--The following provisions of the Homeland 
        Security Act of 2002 (6 U.S.C. 101 et seq.) are repealed:
                    (A) Section 2(11).
                    (B) Section 503(1).
                    (C) Section 507.
                    (D) Section 508.
    (b) Title 5, United States Code.--
            (1) Director.--Section 5312 of title 5, United States Code, 
        is amended by adding at the end the following:
            ``Director of the Federal Emergency Management Agency.''.
            (2) Deputy director.--Section 5313 of title 5, United 
        States Code, is amended by adding at the end the following:
            ``Deputy Director of the Federal Emergency Management 
        Agency.''.
    (c) Additional Conforming Amendments.--
            (1) Recommended legislation.--After consultation with the 
        appropriate committees of the Congress and the Director of the 
        Office of Management and Budget, the Director of the Federal 
        Emergency Management Agency shall prepare and submit to 
        Congress recommended legislation containing technical and 
        conforming amendments to reflect the changes made by this Act.
            (2) Submission to congress.--Not later than 6 months after 
        the effective date of this title, the Director of the Federal 
        Emergency Management Agency shall submit the recommended 
        legislation referred to under subsection (a).

SEC. 213. LIMITATION ON STATUTORY CONSTRUCTION.

    Nothing in this Act shall be construed to limit the primary mission 
of the Department of Homeland Security set forth in subparagraphs (A), 
(B), (E), (F), (G), and (H) of section 101(b) of the Homeland Security 
Act of 2002 (6 U.S.C. 111(b)).
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