Federal Emergency Management Agency Restoration Act - Establishes the Federal Emergency Management Agency (FEMA) as 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.
Requires the FEMA Director to be appointed by the President, by and with the advice and consent of the Senate, 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.
[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.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E2492)
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.
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.
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.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
Referred to the Subcommittee on Management, Integration, and Oversight.
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