[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3685 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3685

     To reestablish the Federal Emergency Management Agency as an 
           independent establishment in the executive branch.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 7, 2005

Mr. Foley (for himself, Mr. Shaw, Mr. Clyburn, Mr. Flake, Mr. Miller of 
  Florida, Mr. Paul, Mr. Manzullo, Mrs. Maloney, Mrs. Myrick, and Mr. 
   Brown of South Carolina) 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.

    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 ``Federal Disaster Response 
Improvement Act of 2005''.

SEC. 2. FEDERAL EMERGENCY MANAGEMENT AGENCY.

    (a) Independent Establishment.--The Federal Emergency Management 
Agency shall be an independent establishment in the executive branch.
    (b) Transfer of Functions.--There shall be transferred to the 
Director of the Federal Emergency Management Agency the functions, 
personnel, assets, and liabilities of the Department of Homeland 
Security relating to the Federal Emergency Management Agency.
    (c) Transition Period.--The transfers under this section 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. 3. CONFORMING AMENDMENTS.

    (a) Responsibilities of Under Secretary for Emergency Preparedness 
and Response.--Section 502 of the Homeland Security Act of 2002 (6 
U.S.C. 312) is amended--
            (1) in paragraph (1) by striking ``, major disasters, and 
        other emergencies'';
            (2) in paragraph (3)(D) by striking ``or major disaster'';
            (3) in paragraphs (3) and (4) by striking ``and major 
        disasters'';
            (4) in paragraph (5) by striking ``and disasters'';
            (5) in paragraph (6) by inserting ``to terrorist attacks'' 
        after ``emergency response plans''; and
            (6) in paragraph (7) by inserting ``to terrorist attacks'' 
        after ``emergency response providers''.
    (b) Nuclear Incident Response.--Section 504(a) of the Homeland 
Security Act of 2002 (6 U.S.C. 314(a)) is amended is amended by 
striking ``, major disaster,''.
    (c) Use of Private Sector Networks.--Section 508 of the Homeland 
Security Act of 2002 (6 U.S.C. 318) is amended by striking ``disasters, 
and other major disasters'' and inserting ``terrorist attacks, or other 
terrorist attacks''.
    (d) Repeals.--The following provisions of the Homeland Security Act 
of 2002 (6 U.S.C. 101 et seq.) are repealed:
            (1) Section 2(11).
            (2) Section 430(c)(8).
            (3) Section 503(1).
            (4) Section 507.
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