[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4493 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4493

  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 and response to disasters, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 8, 2005

  Mr. Oberstar (for himself, Ms. Norton, Mr. Cummings, Ms. Millender-
McDonald, Mr. Higgins, Ms. Corrine Brown of Florida, Mr. Costello, Ms. 
 Berkley, Mr. Rahall, Mr. Baird, Mr. Nadler, Ms. Carson, Mr. Capuano, 
 Mr. DeFazio, Mr. Honda, Mr. Larsen of Washington, Mr. Blumenauer, Mr. 
 Salazar, Mr. Holden, Ms. Eddie Bernice Johnson of Texas, Mr. Weiner, 
  Mr. Bishop of New York, Mr. Carnahan, Mr. Filner, Mr. Menendez, Mr. 
   Taylor of Mississippi, Mr. Boswell, Mr. Matheson, Ms. Schwartz of 
 Pennsylvania, Mr. Chandler, Mr. Michaud, and Mr. Davis of Tennessee) 
 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 a cabinet-
    level independent establishment in the executive branch that is 
 responsible for the Nation's preparedness and response to disasters, 
                        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 ``Federal Emergency Management Agency 
Restoration Act''.

SEC. 2. FEDERAL EMERGENCY MANAGEMENT AGENCY.

    (a) Independent Establishment.--The Federal Emergency Management 
Agency shall be a cabinet-level independent establishment in the 
executive branch that is responsible for emergency preparedness, 
response, recovery, and mitigation for all hazards, including major 
disasters, acts of terrorism, and other emergencies.
    (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) Qualification.--The Director shall be appointed from 
        among persons 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.''.
    (c) Deputy Director.--
            (1) In general.--The Federal Emergency Management Agency 
        shall have one deputy director appointed in the competitive 
        service by the Director.
            (2) Qualifications.--The Deputy Director shall be appointed 
        from among persons 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;
                    (B) serve as a liaison to the Department of 
                Homeland Security in the event of an act of terrorism; 
                and
                    (C) act for the Director when the Director is 
                absent or unable to serve or when the position of the 
                Director is vacant.
    (d) Limitations on Definition of Emergency Preparedness.--For 
purposes of this Act, the term ``emergency preparedness'' does not 
include law enforcement efforts to prevent or deter acts of terrorism, 
protect critical infrastructure, and conduct intelligence activities.

SEC. 3. TRANSFER OF FUNCTIONS.

    (a) In General.--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) and other functions of the 
Preparedness Directorate 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), 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 the Federal Emergency 
Management Agency under any other law, including those 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.), the National Dam Safety Program Act (33 U.S.C. 467 et seq.), 
and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.).
    (b) Transition Period.--The transfers under this section shall be 
carried out as soon as practicable after the date of enactment of this 
Act, but not later than the 120th day following 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. 4. SAVINGS PROVISIONS.

    (a) Personnel Provisions.--
            (1) 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 section 3. 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) 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 Act, the Director may 
delegate any of the functions transferred to the Director by section 3 
and any function transferred or granted to the Director after the date 
of the transfers by section 3 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 
under this subsection or under any other provision of this Act shall 
relieve the Director of responsibility for the administration of such 
functions.
    (c) Reorganization.--The Director is authorized to allocate or 
reallocate any function transferred under section 3 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 
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 Government Affairs of the Senate written notice 
of the allocation or reallocation.
    (d) Rules.--The Director 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.
    (e) Transfer and Allocations of Appropriations and Personnel.--
Except as otherwise provided in this section, 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 3, 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 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, 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 section 3, 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 Act. The Director of the Office of Management and Budget shall 
provide for the termination of the affairs of all entities terminated 
by this Act and for such further measures and dispositions as may be 
necessary to effectuate the purposes of this Act.
    (g) Effect on Personnel.--
            (1) In general.--Except as otherwise provided by this 
        section, the transfer pursuant to this section 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 section.
            (2) Executive schedule positions.--Except as otherwise 
        provided in this section, any person who, on the day preceding 
        the date of the transfers of functions under section 3, 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.
    (h) 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 
                which are transferred under section 3, and
                    (B) which are in effect on the date of the 
                transfers of functions under section 3, 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 of the 
        Federal Emergency Management Agency or other authorized 
        official, a court of competent jurisdiction, or by operation of 
        law.
            (2) Proceedings not affected.--The provisions of this 
        section and section 3 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 on the 
        date of the transfers of functions under section 3, with 
        respect to functions transferred by section 3 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 
        section and section 3 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 section and section 3 had not been enacted.
            (3) Suits not affected.--The provisions of this section and 
        section 3 shall not affect suits commenced before the date of 
        the transfers of functions under section 3, 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 
        section and section 3 had not been enacted.
            (4) 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 section or section 3.
            (5) 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 section 3 may be continued by the Federal Emergency 
        Management Agency with the same effect as if this section and 
        section 3 had not been enacted.
    (i) 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 3--
            (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.
    (j) Repeals.--The following provisions of the Homeland Security Act 
of 2002 (6 U.S.C. 101 et seq.) are repealed:
            (1) Section 503(1).
            (2) Section 507.
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