I 

109TH CONGRESS 

2D SESSION H. R. 4840 

To amend the Homeland Security Act of 2002 to establish requirements 

for appointment of the Director of the Federal Emergency Management 

Agency, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 1, 2006 

Mr. THOMPSON of Mississippi (for himself, Mr. PASCRELL, Mr. MEEK of Florida, Mr. LANGEVIN, Mr. ETHERIDGE, Ms. JACKSON-LEE of Texas, Mr. 

MARKEY, Mr. AL GREEN of Texas, Mrs. CHRISTENSEN, Mr. DEFAZIO, 

Mr. BROWN of Ohio, and Mr. GRIJALVA) 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 amend the Homeland Security Act of 2002 to establish 

requirements for appointment of the Director of the Federal Emergency Management 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, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Plan to Restore Excel3 lence and Professional Accountability in Responding to 

4 Emergencies Act’’ or the ‘‘PREPARE Act’’. 

5 SEC. 2. APPOINTMENT AND QUALIFICATIONS OF FEMA DI6 RECTOR AND DEPUTY DIRECTOR. 

7 Section 507 of the Homeland Security Act of 2002 

8 (6 U.S.C. 317) is amended by redesignating subsections 

9 (a) and (b) as subsections (b) and (c), respectively, and 

10 by inserting before subsection (b) (as so redesignated) the 

11 following: 

12 ‘‘(a) OFFICERS.— 

13 ‘‘(1) APPOINTMENT AND QUALIFICATIONS OF

14 DIRECTOR.—The Federal Emergency Management 

15 Agency shall be headed by a Director who shall be 

16 appointed by the President, by and with the advice 

17 and consent of the Senate from among individuals 

18 who possess demonstrated ability in, knowledge of, 

19 and extensive background in emergency or disaster20 related management. 

21 ‘‘(2) DEPUTY DIRECTOR.—The Federal Emer22 gency Management Agency shall have one Deputy 

23 Director who shall be appointed by the Director— 

24 ‘‘(A) in accordance with provisions of title 

25 5, United States Code, governing appointments 

26 in the competitive service; and 
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1 ‘‘(B) from among individuals who possess 

2 demonstrated ability in, knowledge of, and ex3 tensive background in emergency or disaster-re4 lated management.’’. 

5 SEC. 3. RECOMBINATION OF PREPAREDNESS AND RE6 SPONSE FUNCTIONS. 

7 (a) RENAMING OF UNDER SECRETARY OF PRE8 PAREDNESS AND RESPONSE.—Section 103(a) of the 

9 Homeland Security Act of 2002 (6 U.S.C. 113) is amend10 ed by striking paragraph (5) and inserting the following: 

11 ‘‘(5) An Under Secretary of Preparedness and 

12 Response.’’. 

13 (b) FUNCTIONS OF UNDER SECRETARY.—Section 

14 503 of the Homeland Security Act of 2002 (6 U.S.C. 313) 

15 is amended— 

16 (1) in the section heading by striking ‘‘TRANS17 FERRED’’; 

18 (2) by inserting ‘‘(a) TRANSFERRED FUNC19 TIONS.—’’ before the first sentence; and 

20 (3) by adding at the end the following: 

21 ‘‘(b) FUNCTIONS OF UNDER SECRETARY.—The 

22 Under Secretary of Preparedness and Response shall be 

23 responsible for the following: 

24 ‘‘(1) The Federal Emergency Management 

25 Agency, and service as the Director of such agency. 
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1 ‘‘(2) The Chief Medical Officer. 

2 ‘‘(3) The Assistant Secretary for Grants and 

3 Training. 

4 ‘‘(4) The United States Fire Administration. 

5 ‘‘(5) Functions performed by the Assistant Sec6 retary for Cyber Security and Telecommunications. 

7 ‘‘(6) Functions performed by the Assistant Sec8 retary for Infrastructure Protection. 

9 ‘‘(7) Functions performed by the Director of 

10 the Office of National Capital Region Coordination. 

11 ‘‘(c) DIRECT REPORTING TO THE PRESIDENT.—Dur12 ing the effective period of an Incident of National Signifi13 cance declared by the Secretary under the National Re14 sponse Plan, the Under Secretary of Preparedness and 

15 Response shall report directly to the President.’’. 

16 (c) CONFORMING AMENDMENTS.—The following pro17 visions of the Homeland Security Act of 2002 (6 U.S.C. 

18 101 et seq.) are each amended by striking ‘‘Under Sec19 retary for Emergency Preparedness and Response’’ each 

20 place it appears and inserting ‘‘Under Secretary of Pre21 paredness and Response’’: 

22 (1) Section 223(1)(B) (6 U.S.C. 143(1)(B)). 

23 (2) Section 223(2) (6 U.S.C. 143(2)). 

24 (3) Section 501 (6 U.S.C. 311)). 
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1 (4) Section 502 (6 U.S.C. 312)). 

Æ