[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3816 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3816

     To reestablish the Federal Emergency Management Agency as an 
   independent agency and to require that its Director be adequately 
                               qualified.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 15, 2005

Mr. Udall of Colorado 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 agency and to require that its Director be adequately 
                               qualified.

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

SECTION 1. FEDERAL EMERGENCY MANAGEMENT AGENCY.

    (a) Independent Establishment.--The Federal Emergency Management 
Agency shall be an independent establishment in the executive branch 
that is responsible for the Nation's preparedness for and response to 
natural disasters.
    (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 shall be appointed from 
        among persons who at the time of appointment have--
                    (A) appropriate formal training in emergency or 
                disaster-related management; and
                    (B) extensive background in emergency or disaster-
                related management, including at least two years of 
                experience as head of a disaster-management agency of--
                            (i) a State; or
                            (ii) a political subdivision of a State 
                        that has a population of not less than 
                        1,000,000 residents according to the most 
                        recent decennial Federal census.
            (3) Term of office.--The term of office of an individual 
        appointed as the Director shall be 6 years.
    (c) 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, including 
the functions of the Department under paragraphs (3) and (8) of section 
430(c) and sections 502 (other than paragraph (2)) and 503(1) of the 
Homeland Security Act of 2002 (6 U.S.C. 238(c), 312, 313), the 
functions relating to firefighter assistance grants under the Federal 
Fire Prevention and Control Act of 1974 (15 U.S.C. 2229 et seq.), and 
the functions relating to emergency management performance grants under 
the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.), the Earthquake Hazards Reductions Act of 1977 (42 
U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. 
App.).
    (d) 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. 2. CONFORMING AMENDMENT.

    Section 504(a) of the Homeland Security Act of 2002 (6 U.S.C. 
314(a)) is amended by striking ``, major disaster,''.

SEC. 3. 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 503(1).
            (3) Section 507.
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