II 

109TH CONGRESS 

1ST SESSION S. 1615 

To establish the Federal Emergency Management Agency as an independent 

agency, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 6, 2005 

Mrs. CLINTON (for herself, Ms. MIKULSKI, Mr. LAUTENBERG, and Mr. JEFFORDS) 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 Agency Restoration Act of 2005’’. 
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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— 

9 (A) of mitigation, by taking sustained ac10 tions to reduce or eliminate long-term risk to 

11 people and property from hazards and their ef12 fects; 

13 (B) of planning for building the emergency 

14 management profession to prepare effectively 

15 for, mitigate against, respond to, and recover 

16 from any hazard; 

17 (C) of response, by conducting emergency 

18 operations to save lives and property through 

19 positioning emergency equipment and supplies, 

20 through evacuating potential victims, through 

21 providing food, water, shelter, and medical care 

22 to those in need, and through restoring critical 

23 public services; 

24 (D) of recovery, by rebuilding communities 

25 so 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) of increased efficiencies, by coordi4 nating efforts relating to mitigation, planning, 

5 response, 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 AMENDMENT.— 

22 (1) REPEAL.—Section 507 of the Homeland Se23 curity Act of 2002 (6 U.S.C. 317) is repealed. 

24 (2) TABLE OF CONTENTS.—The table of con25 tents for the Homeland Security Act of 2002 (6 
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1 U.S.C. 101) is amended by striking the item relating 

2 to section 507. 

3 SEC. 103. RULE OF CONSTRUCTION. 

4 Nothing in this Act shall be construed to detract from 

5 the Department of Homeland Security’s primary mission 

6 to secure the homeland from terrorist attacks. 

7 TITLE II—TRANSFER AND 

8 SAVINGS PROVISIONS 

9 SEC. 201. DEFINITIONS. 

10 In this title, unless otherwise provided or indicated 

11 by the context— 

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

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

14 5, United States Code; 

15 (2) the term ‘‘function’’ means any duty, obli16 gation, power, authority, responsibility, right, privi17 lege, activity, or program; and 

18 (3) the term ‘‘office’’ includes any office, ad19 ministration, agency, institute, unit, organizational 

20 entity, or component thereof. 

21 SEC. 202. TRANSFER OF FUNCTIONS. 

22 There are transferred to the Federal Emergency 

23 Management Agency established under section 101 of this 

24 Act all functions which the Director of the Federal Emer25 gency Management Agency of the Department of Home-
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1 land Security exercised before the date of the enactment 

2 of this title. 

3 SEC. 203. PERSONNEL PROVISIONS. 

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

5 Emergency Management Agency may appoint and fix the 

6 compensation of such officers and employees, including in7 vestigators, attorneys, and administrative law judges, as 

8 may be necessary to carry out the respective functions 

9 transferred under this title. Except as otherwise provided 

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

11 accordance with the civil service laws and their compensa12 tion fixed in accordance with title 5, United States Code. 

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

14 the Federal Emergency Management Agency may obtain 

15 the services of experts and consultants in accordance with 

16 section 3109 of title 5, United States Code, and com17 pensate such experts and consultants for each day (includ18 ing traveltime) at rates not in excess of the rate of pay 

19 for level IV of the Executive Schedule under section 5315 

20 of such title. The Director of the Federal Emergency Man21 agement Agency may pay experts and consultants who are 

22 serving away from their homes or regular place of busi23 ness, travel expenses and per diem in lieu of subsistence 

24 at rates authorized by sections 5702 and 5703 of such 
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1 title for persons in Government service employed intermit2 tently. 

3 SEC. 204. DELEGATION AND ASSIGNMENT. 

4 Except where otherwise expressly prohibited by law 

5 or otherwise provided by this title, the Director of the Fed6 eral Emergency Management Agency may delegate any of 

7 the functions transferred to the Director of the Federal 

8 Emergency Management Agency by this title and any 

9 function transferred or granted to such Director after the 

10 effective date of this title to such officers and employees 

11 of the Federal Emergency Management Agency as the Di12 rector may designate, and may authorize successive redele13 gations of such functions as may be necessary or appro14 priate. No delegation of functions by the Director of the 

15 Federal Emergency Management Agency under this sec16 tion or under any other provision of this title shall relieve 

17 such Director of responsibility for the administration of 

18 such functions. 

19 SEC. 205. REORGANIZATION. 

20 The Director of the Federal Emergency Management 

21 Agency is authorized to allocate or reallocate any function 

22 transferred under section 202 among the officers of the 

23 Federal Emergency Management Agency, and to estab24 lish, consolidate, alter, or discontinue such organizational 
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1 entities in the Federal Emergency Management Agency as 

2 may be necessary or appropriate. 

3 SEC. 206. RULES. 

4 The Director of the Federal Emergency Management 

5 Agency is authorized to prescribe, in accordance with the 

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

7 Code, such rules and regulations as the Director deter8 mines necessary or appropriate to administer and manage 

9 the functions of the Federal Emergency Management 

10 Agency. 

11 SEC. 207. TRANSFER AND ALLOCATIONS OF APPROPRIA12 TIONS AND PERSONNEL. 

13 Except as otherwise provided in this title, the per14 sonnel employed in connection with, and the assets, liabil15 ities, contracts, property, records, and unexpended bal16 ances of appropriations, authorizations, allocations, and 

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

18 to, or to be made available in connection with the func19 tions transferred by this title, subject to section 1531 of 

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

21 Federal Emergency Management Agency. Unexpended 

22 funds transferred pursuant to this section shall be used 

23 only for the purposes for which the funds were originally 

24 authorized and appropriated. 
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1 SEC. 208. INCIDENTAL TRANSFERS. 

2 The Director of the Office of Management and Budg3 et, at such time or times as the Director shall provide, 

4 is authorized to make such determinations as may be nec5 essary with regard to the functions transferred by this 

6 title, and to make such additional incidental dispositions 

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

8 records, and unexpended balances of appropriations, au9 thorizations, allocations, and other funds held, used, aris10 ing from, available to, or to be made available in connec11 tion with such functions, as may be necessary to carry out 

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

13 Management and Budget shall provide for the termination 

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

15 for such further measures and dispositions as may be nec16 essary to effectuate the purposes of this title. 

17 SEC. 209. EFFECT ON PERSONNEL. 

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

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

20 personnel (except special Government employees) and 

21 part-time personnel holding permanent positions shall not 

22 cause any such employee to be separated or reduced in 

23 grade or compensation for one year after the date of trans24 fer of such employee under this title. 

25 (b) EXECUTIVE SCHEDULE POSITIONS.—Except as 

26 otherwise provided in this title, any person who, on the 
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1 day preceding the effective date of this title, held a posi2 tion compensated in accordance with the Executive Sched3 ule prescribed in chapter 53 of title 5, United States Code, 

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

5 Federal Emergency Management Agency to a position 

6 having duties comparable to the duties performed imme7 diately preceding such appointment shall continue to be 

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

9 provided for such previous position, for the duration of 

10 the service of such person in such new position. 

11 SEC. 210. SAVINGS PROVISIONS. 

12 (a) CONTINUING EFFECT OF LEGAL DOCUMENTS.— 

13 All orders, determinations, rules, regulations, permits, 

14 agreements, grants, contracts, certificates, licenses, reg15 istrations, privileges, and other administrative actions— 

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

17 allowed to become effective by the President, any 

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

19 competent jurisdiction, in the performance of func20 tions which are transferred under this title, and 

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

22 takes effect, or were final before the effective date 

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

24 the effective date of this title, 
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1 shall continue in effect according to their terms until 

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

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

4 Federal Emergency Management Agency or other author5 ized official, a court of competent jurisdiction, or by oper6 ation of law. 

7 (b) PROCEEDINGS NOT AFFECTED.—The provisions 

8 of this title shall not affect any proceedings, including no9 tices of proposed rulemaking, or any application for any 

10 license, permit, certificate, or financial assistance pending 

11 before the Federal Emergency Management Agency at the 

12 time this title takes effect, with respect to functions trans13 ferred by this title but such proceedings and applications 

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

15 appeals shall be taken therefrom, and payments shall be 

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

17 enacted, and orders issued in any such proceedings shall 

18 continue in effect until modified, terminated, superseded, 

19 or revoked by a duly authorized official, by a court of com20 petent jurisdiction, or by operation of law. Nothing in this 

21 subsection shall be deemed to prohibit the discontinuance 

22 or modification of any such proceeding under the same 

23 terms and conditions and to the same extent that such 

24 proceeding could have been discontinued or modified if 

25 this title had not been enacted. 
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1 (c) SUITS NOT AFFECTED.—The provisions of this 

2 title shall not affect suits commenced before the effective 

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

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

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

6 not been enacted. 

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

8 or other proceeding commenced by or against the Federal 

9 Emergency Management Agency, or by or against any in10 dividual in the official capacity of such individual as an 

11 officer of the Federal Emergency Management Agency, 

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

13 (e) ADMINISTRATIVE ACTIONS RELATING TO PRO14 MULGATION OF REGULATIONS.—Any administrative ac15 tion relating to the preparation or promulgation of a regu16 lation by the Federal Emergency Management Agency re17 lating to a function transferred under this title may be 

18 continued by the Federal Emergency Management Agency 

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

20 SEC. 211. SEPARABILITY. 

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

22 person or circumstance is held invalid, neither the remain23 der of this title nor the application of the provision to 

24 other persons or circumstances shall be affected. 
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1 SEC. 212. TRANSITION. 

2 The Director of the Federal Emergency Management 

3 Agency is authorized to utilize— 

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

5 other personnel of the Federal Emergency Manage6 ment Agency with respect to functions transferred 

7 by this title; and 

8 (2) funds appropriated to such functions for 

9 such period of time as may reasonably be needed to 

10 facilitate the orderly implementation of this title. 

11 SEC. 213. REFERENCES. 

12 Any reference in any other Federal law, Executive 

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

14 document of or pertaining to a department, agency, or of15 fice from which a function is transferred by this title— 

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

17 office is deemed to refer to the head of the depart18 ment, agency, or office to which such function is 

19 transferred; or 

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

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

22 to which such function is transferred. 

23 SEC. 214. ADDITIONAL CONFORMING AMENDMENTS. 

24 (a) RECOMMENDED LEGISLATION.—After consulta25 tion with the appropriate committees of the Congress and 

26 the Director of the Office of Management and Budget, the 
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1 Director of the Federal Emergency Management Agency 

2 shall prepare and submit to Congress recommended legis3 lation containing technical and conforming amendments to 

4 reflect the changes made by this Act. 

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

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

7 of the Federal Emergency Management Agency shall sub8 mit the recommended legislation referred to under sub9 section (a). 

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