II 

109TH CONGRESS 

2D SESSION S. 2302 

To establish the Federal Emergency Management Agency as an independent 

agency, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 16, 2006 

Mr. LOTT introduced the following bill; which was read twice and referred to 

the Committee on Homeland Security and Governmental Affairs 

A BILL 

To establish the Federal Emergency Management Agency 

as an independent agency, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Emergency 

5 Management Improvement Act of 2006’’. 


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1 TITLE I—FEDERAL EMERGENCY 

2 MANAGEMENT AGENCY 

3 SEC. 101. ESTABLISHMENT OF AGENCY AND DIRECTOR AND 

4 DEPUTY DIRECTOR. 

5 (a) ESTABLISHMENT.—The Federal Emergency 

6 Management Agency is established as an independent es7 tablishment in the executive branch as defined under sec8 tion 104 of title 5, United States Code. 

9 (b) DIRECTOR.— 

10 (1) IN GENERAL.—The Director of the Federal 

11 Emergency Management Agency shall be the head of 

12 the Federal Emergency Management Agency. The 

13 Director shall be appointed by the President, by and 

14 with the advice and consent of the Senate. The Di15 rector shall report directly to the President. 

16 (2) QUALIFICATIONS.—The Director of the 

17 Federal Emergency Management Agency shall have 

18 significant experience, knowledge, training, and ex19 pertise in the area of emergency preparedness, re20 sponse, recovery, and mitigation as related to nat21 ural disasters and other national cataclysmic events. 

22 (3) EXECUTIVE SCHEDULE POSITION.—Section 

23 5312 of title 5, United States Code, is amended by 

24 adding at the end the following: 


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1 ‘‘Director of the Federal Emergency Manage2 ment Agency.’’. 

3 (c) DEPUTY DIRECTOR.— 

4 (1) IN GENERAL.—The Deputy Director of the 

5 Federal Emergency Management Agency shall assist 

6 the Director of the Federal Emergency Management 

7 Agency. The Deputy Director shall be appointed by 

8 the President, by and with the advice and consent 

9 of the Senate. 

10 (2) QUALIFICATIONS.—The Deputy Director of 

11 the Federal Emergency Management Agency shall 

12 have significant experience, knowledge, training, and 

13 expertise in the area of emergency preparedness, re14 sponse, recovery, and mitigation as related to nat15 ural disasters and other national cataclysmic events. 

16 (3) EXECUTIVE SCHEDULE POSITION.—Section 

17 5313 of title 5, United States Code, is amended by 

18 adding at the end the following: 

19 ‘‘Deputy Director of the Federal Emergency 

20 Management Agency.’’. 

21 SEC. 102. FUNCTIONS. 

22 (a) IN GENERAL.—The functions of the Federal 

23 Emergency Management Agency include the following: 


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1 (1) All functions and authorities prescribed by 

2 the Robert T. Stafford Disaster Relief and Emer3 gency Assistance Act (42 U.S.C. 5121 et seq.). 

4 (2) Carrying out its mission to reduce the loss 

5 of life and property and protect the Nation from all 

6 hazards by leading and supporting the Nation in a 

7 comprehensive, risk-based emergency management 

8 program of— 

9 (A) mitigation, by taking sustained actions 

10 to reduce or eliminate long-term risk to people 

11 and property from hazards and their effects; 

12 (B) planning for building the emergency 

13 management profession to prepare effectively 

14 for, mitigate against, respond to, and recover 

15 from any hazard; 

16 (C) response, by conducting emergency op17 erations to save lives and property through po18 sitioning emergency equipment and supplies, 

19 through evacuating potential victims, through 

20 providing food, water, shelter, and medical care 

21 to those in need, and through restoring critical 

22 public services; 

23 (D) recovery, by rebuilding communities so 

24 individuals, businesses, and governments can 


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1 function on their own, return to normal life, 

2 and protect against future hazards; and 

3 (E) increased efficiencies, by coordinating 

4 efforts relating to mitigation, planning, re5 sponse, and recovery. 

6 (b) FEDERAL RESPONSE PLAN.— 

7 (1) ROLE OF FEMA.—Notwithstanding any pro8 vision of the Homeland Security Act of 2002 (6 

9 U.S.C. 101 et seq.), the Federal Emergency Man10 agement Agency shall remain the lead agency for the 

11 Federal Response Plan established under Executive 

12 Order No. 12148 (44 Fed. Reg. 43239) and Execu13 tive Order No. 12656 (53 Fed. Reg. 47491). 

14 (2) REVISION OF RESPONSE PLAN.—Not later 

15 than 60 days after the date of enactment of this 

16 Act, the Director of the Federal Emergency Man17 agement Agency shall revise the Federal Response 

18 Plan to reflect the establishment of the Federal 

19 Emergency Management Agency as an independent 

20 establishment under this Act. 

21 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

22 (1) IN GENERAL.—Section 507 of the Home23 land Security Act of 2002 (6 U.S.C. 317) is re24 pealed. 


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1 (2) OTHER PROVISIONS.—The Homeland Secu2 rity Act of 2002 (6 U.S.C. 101 et seq.) is amend3 ed— 

4 (A) in section 430(c)— 

5 (i) in paragraph (7), by adding ‘‘and’’ 

6 at the end; 

7 (ii) by striking paragraph (8); and 

8 (iii) by redesignating paragraph (9) as 

9 paragraph (8); and 

10 (B) in section 503— 

11 (i) by striking paragraph (1); and 

12 (ii) by redesignating paragraphs (2) 

13 through (5) as paragraphs (1) through (4), 

14 respectively. 

15 (3) TABLE OF CONTENTS.—The table of con16 tents for the Homeland Security Act of 2002 (6 

17 U.S.C. 101) is amended by striking the item relating 

18 to section 507. 

19 SEC. 103. RULE OF CONSTRUCTION. 

20 Nothing in this Act shall be construed to detract from 

21 the Department of Homeland Security’s primary mission 

22 to secure the homeland from terrorist attacks. 


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1 TITLE II—TRANSFER AND 

2 SAVINGS PROVISIONS 

3 SEC. 201. DEFINITIONS. 

4 In this title, unless otherwise provided or indicated 

5 by the context— 

6 (1) the term ‘‘Federal agency’’ has the meaning 

7 given to the term ‘‘agency’’ by section 551(1) of title 

8 5, United States Code; 

9 (2) the term ‘‘function’’ means any duty, obli10 gation, power, authority, responsibility, right, privi11 lege, activity, or program; and 

12 (3) the term ‘‘office’’ includes any office, ad13 ministration, agency, institute, unit, organizational 

14 entity, or component thereof. 

15 SEC. 202. TRANSFER OF FUNCTIONS. 

16 There are transferred to the Federal Emergency 

17 Management Agency established under section 101 of this 

18 Act all functions which the Director of the Federal Emer19 gency Management Agency of the Department of Home20 land Security exercised before the date of the enactment 

21 of this title. 

22 SEC. 203. PERSONNEL PROVISIONS. 

23 (a) APPOINTMENTS.—The Director of the Federal 

24 Emergency Management Agency may appoint and fix the 

25 compensation of such officers and employees, including inVerDate Aug 31 2005 21:48 Feb 17, 2006 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2302.IS S2302

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1 vestigators, attorneys, and administrative law judges, as 

2 may be necessary to carry out the respective functions 

3 transferred under this title. Except as otherwise provided 

4 by law, such officers and employees shall be appointed in 

5 accordance with the civil service laws and their compensa6 tion fixed in accordance with title 5, United States Code. 

7 (b) EXPERTS AND CONSULTANTS.—The Director of 

8 the Federal Emergency Management Agency may obtain 

9 the services of experts and consultants in accordance with 

10 section 3109 of title 5, United States Code, and com11 pensate such experts and consultants for each day (includ12 ing traveltime) at rates not in excess of the rate of pay 

13 for level IV of the Executive Schedule under section 5315 

14 of such title. The Director of the Federal Emergency Man15 agement Agency may pay experts and consultants who are 

16 serving away from their homes or regular place of busi17 ness, travel expenses and per diem in lieu of subsistence 

18 at rates authorized by sections 5702 and 5703 of such 

19 title for persons in Government service employed intermit20 tently. 

21 SEC. 204. DELEGATION AND ASSIGNMENT. 

22 Except where otherwise expressly prohibited by law 

23 or otherwise provided by this title, the Director of the Fed24 eral Emergency Management Agency may delegate any of 

25 the functions transferred to the Director of the Federal 


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1 Emergency Management Agency by this title and any 

2 function transferred or granted to such Director after the 

3 effective date of this title to such officers and employees 

4 of the Federal Emergency Management Agency as the Di5 rector may designate, and may authorize successive redele6 gations of such functions as may be necessary or appro7 priate. No delegation of functions by the Director of the 

8 Federal Emergency Management Agency under this sec9 tion or under any other provision of this title shall relieve 

10 such Director of responsibility for the administration of 

11 such functions. 

12 SEC. 205. REORGANIZATION. 

13 The Director of the Federal Emergency Management 

14 Agency is authorized to allocate or reallocate any function 

15 transferred under section 202 among the officers of the 

16 Federal Emergency Management Agency, and to estab17 lish, consolidate, alter, or discontinue such organizational 

18 entities in the Federal Emergency Management Agency as 

19 may be necessary or appropriate. 

20 SEC. 206. RULES. 

21 The Director of the Federal Emergency Management 

22 Agency is authorized to prescribe, in accordance with the 

23 provisions of chapters 5 and 6 of title 5, United States 

24 Code, such rules and regulations as the Director deter25 mines necessary or appropriate to administer and manage 


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1 the functions of the Federal Emergency Management 

2 Agency. 

3 SEC. 207. TRANSFER AND ALLOCATIONS OF APPROPRIA4 TIONS AND PERSONNEL. 

5 Except as otherwise provided in this title, the per6 sonnel employed in connection with, and the assets, liabil7 ities, contracts, property, records, and unexpended bal8 ances of appropriations, authorizations, allocations, and 

9 other funds employed, used, held, arising from, available 

10 to, or to be made available in connection with the func11 tions transferred by this title, subject to section 1531 of 

12 title 31, United States Code, shall be transferred to the 

13 Federal Emergency Management Agency. Unexpended 

14 funds transferred pursuant to this section shall be used 

15 only for the purposes for which the funds were originally 

16 authorized and appropriated. 

17 SEC. 208. INCIDENTAL TRANSFERS. 

18 The Director of the Office of Management and Budg19 et, at such time or times as the Director shall provide, 

20 is authorized to make such determinations as may be nec21 essary with regard to the functions transferred by this 

22 title, and to make such additional incidental dispositions 

23 of personnel, assets, liabilities, grants, contracts, property, 

24 records, and unexpended balances of appropriations, au25 thorizations, allocations, and other funds held, used, arisVerDate Aug 31 2005 21:48 Feb 17, 2006 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2302.IS S2302

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1 ing from, available to, or to be made available in connec2 tion with such functions, as may be necessary to carry out 

3 the provisions of this title. The Director of the Office of 

4 Management and Budget shall provide for the termination 

5 of the affairs of all entities terminated by this title and 

6 for such further measures and dispositions as may be nec7 essary to effectuate the purposes of this title. 

8 SEC. 209. EFFECT ON PERSONNEL. 

9 (a) IN GENERAL.—Except as otherwise provided by 

10 this title, the transfer pursuant to this title of full-time 

11 personnel (except special Government employees) and 

12 part-time personnel holding permanent positions shall not 

13 cause any such employee to be separated or reduced in 

14 grade or compensation for one year after the date of trans15 fer of such employee under this title. 

16 (b) EXECUTIVE SCHEDULE POSITIONS.—Except as 

17 otherwise provided in this title, any person who, on the 

18 day preceding the effective date of this title, held a posi19 tion compensated in accordance with the Executive Sched20 ule prescribed in chapter 53 of title 5, United States Code, 

21 and who, without a break in service, is appointed in the 

22 Federal Emergency Management Agency to a position 

23 having duties comparable to the duties performed imme24 diately preceding such appointment shall continue to be 

25 compensated in such new position at not less than the rate 


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1 provided for such previous position, for the duration of 

2 the service of such person in such new position. 

3 SEC. 210. SAVINGS PROVISIONS. 

4 (a) CONTINUING EFFECT OF LEGAL DOCUMENTS.— 

5 All orders, determinations, rules, regulations, permits, 

6 agreements, grants, contracts, certificates, licenses, reg7 istrations, privileges, and other administrative actions— 

8 (1) which have been issued, made, granted, or 

9 allowed to become effective by the President, any 

10 Federal agency or official thereof, or by a court of 

11 competent jurisdiction, in the performance of func12 tions which are transferred under this title, and 

13 (2) which are in effect at the time this title 

14 takes effect, or were final before the effective date 

15 of this title and are to become effective on or after 

16 the effective date of this title, 

17 shall continue in effect according to their terms until 

18 modified, terminated, superseded, set aside, or revoked in 

19 accordance with law by the President, the Director of the 

20 Federal Emergency Management Agency or other author21 ized official, a court of competent jurisdiction, or by oper22 ation of law. 

23 (b) PROCEEDINGS NOT AFFECTED.—The provisions 

24 of this title shall not affect any proceedings, including no25 tices of proposed rulemaking, or any application for any 


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1 license, permit, certificate, or financial assistance pending 

2 before the Federal Emergency Management Agency at the 

3 time this title takes effect, with respect to functions trans4 ferred by this title but such proceedings and applications 

5 shall continue. Orders shall be issued in such proceedings, 

6 appeals shall be taken therefrom, and payments shall be 

7 made pursuant to such orders, as if this title had not been 

8 enacted, and orders issued in any such proceedings shall 

9 continue in effect until modified, terminated, superseded, 

10 or revoked by a duly authorized official, by a court of com11 petent jurisdiction, or by operation of law. Nothing in this 

12 subsection shall be deemed to prohibit the discontinuance 

13 or modification of any such proceeding under the same 

14 terms and conditions and to the same extent that such 

15 proceeding could have been discontinued or modified if 

16 this title had not been enacted. 

17 (c) SUITS NOT AFFECTED.—The provisions of this 

18 title shall not affect suits commenced before the effective 

19 date of this title, and in all such suits, proceedings shall 

20 be had, appeals taken, and judgments rendered in the 

21 same manner and with the same effect as if this title had 

22 not been enacted. 

23 (d) NONABATEMENT OF ACTIONS.—No suit, action, 

24 or other proceeding commenced by or against the Federal 

25 Emergency Management Agency, or by or against any inVerDate Aug 31 2005 21:48 Feb 17, 2006 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S2302.IS S2302

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1 dividual in the official capacity of such individual as an 

2 officer of the Federal Emergency Management Agency, 

3 shall abate by reason of the enactment of this title. 

4 (e) ADMINISTRATIVE ACTIONS RELATING TO PRO5 MULGATION OF REGULATIONS.—Any administrative ac6 tion relating to the preparation or promulgation of a regu7 lation by the Federal Emergency Management Agency re8 lating to a function transferred under this title may be 

9 continued by the Federal Emergency Management Agency 

10 with the same effect as if this title had not been enacted. 

11 SEC. 211. SEPARABILITY. 

12 If a provision of this title or its application to any 

13 person or circumstance is held invalid, neither the remain14 der of this title nor the application of the provision to 

15 other persons or circumstances shall be affected. 

16 SEC. 212. TRANSITION. 

17 The Director of the Federal Emergency Management 

18 Agency is authorized to utilize— 

19 (1) the services of such officers, employees, and 

20 other personnel of the Federal Emergency Manage21 ment Agency with respect to functions transferred 

22 by this title; and 

23 (2) funds appropriated to such functions for 

24 such period of time as may reasonably be needed to 

25 facilitate the orderly implementation of this title. 


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1 SEC. 213. REFERENCES. 

2 Any reference in any other Federal law, Executive 

3 order, rule, regulation, or delegation of authority, or any 

4 document of or pertaining to a department, agency, or of5 fice from which a function is transferred by this title— 

6 (1) to the head of such department, agency, or 

7 office is deemed to refer to the head of the depart8 ment, agency, or office to which such function is 

9 transferred; or 

10 (2) to such department, agency, or office is 

11 deemed to refer to the department, agency, or office 

12 to which such function is transferred. 

13 SEC. 214. ADDITIONAL CONFORMING AMENDMENTS. 

14 (a) RECOMMENDED LEGISLATION.—After consulta15 tion with the appropriate committees of the Congress and 

16 the Director of the Office of Management and Budget, the 

17 Director of the Federal Emergency Management Agency 

18 shall prepare and submit to Congress recommended legis19 lation containing technical and conforming amendments to 

20 reflect the changes made by this Act. 

21 (b) SUBMISSION TO CONGRESS.—Not later than 6 

22 months after the effective date of this title, the Director 

23 of the Federal Emergency Management Agency shall sub24 mit the recommended legislation referred to under sub25 section (a). 

Æ 


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