I 
110TH CONGRESS 
2D SESSION 
H. R. 6147 
To establish the Federal Emergency Management Agency as an independent 
agency, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 22, 2008 
Mr. COLE of Oklahoma 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 de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To establish the Federal Emergency Management Agency 
as an independent agency, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Emergency 
Management Advancement Act of 2008’’ or the ‘‘FEMA 
Act’’. 
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TITLE I—FEDERAL EMERGENCY 
MANAGEMENT AGENCY 
SEC. 101. DEFINITIONS. 
In this title— 
(1) the term ‘‘catastrophic incident’’ means any 
natural disaster, act of terrorism, or other man- 
made disaster that results in extraordinary levels of 
casualties or damage or disruption severely affecting 
the population (including mass evacuations), infra-
structure, environment, economy, national morale, or 
government functions in an area; 
(2) the term ‘‘Director’’ means the Director of 
the Federal Emergency Management Agency; 
(3) the term ‘‘Federal coordinating officer’’ 
means a Federal coordinating officer as described in 
section 302 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5143); 
(4) the term ‘‘interoperable’’ has the meaning 
given the term ‘‘interoperable communications’’ 
under section 7303(g)(1) of the Intelligence Reform 
and Terrorism Prevention Act of 2004 (6 U.S.C. 
194(g)(1)); 
(5) the term ‘‘National Advisory Council’’ 
means the National Advisory Council established 
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under section 508 of the Homeland Security Act of 
2002; 
(6) the term ‘‘National Incident Management 
System’’ means a system to enable effective, effi-
cient, and collaborative incident management; 
(7) the term ‘‘National Response Plan’’ means 
the National Response Plan or any successor plan 
prepared under section 104(b)(6); 
(8) the term ‘‘Nuclear Incident Response 
Team’’ means a resource that includes— 
(A) those entities of the Department of 
Energy that perform nuclear or radiological 
emergency support functions (including accident 
response, search response, advisory, and tech-
nical operations functions), radiation exposure 
functions at the medical assistance facility 
known as the Radiation Emergency Assistance 
Center/Training Site (REAC/TS), radiological 
assistance functions, and related functions; and 
(B) those entities of the Environmental 
Protection Agency that perform such support 
functions (including radiological emergency re-
sponse functions) and related functions; and 
(9) the term ‘‘tribal government’’ means the 
government of any entity described under section 
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2(10)(B) of the Homeland Security Act of 2002 (6 
U.S.C. 101(10)(B)). 
SEC. 102. ESTABLISHMENT OF AGENCY AND DIRECTOR AND 
DEPUTY DIRECTOR. 
(a) ESTABLISHMENT.—The Federal Emergency 
Management Agency is established as an independent es-
tablishment in the executive branch as defined under sec-
tion 104 of title 5, United States Code. 
(b) DIRECTOR.— 
(1) IN GENERAL.—The Director shall be the 
head of the Federal Emergency Management Agen-
cy. The Director shall be appointed by the President, 
by and with the advice and consent of the Senate. 
The Director shall report directly to the President. 
(2) QUALIFICATIONS.—The Director shall have 
significant experience, knowledge, training, and ex-
pertise in the area of emergency preparedness, re-
sponse, recovery, and mitigation as related to nat-
ural disasters and other national cataclysmic events. 
(3) EXECUTIVE SCHEDULE POSITION.—Section 
5312 of title 5, United States Code, is amended by 
adding at the end the following: 
‘‘Director of the Federal Emergency Manage-
ment Agency.’’. 
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(4) PRINCIPAL ADVISOR ON EMERGENCY MAN-
AGEMENT.— 
(A) IN
GENERAL.—The Director is the 
principal advisor to the President, the Home-
land Security Council, and the Secretary of 
Homeland Security for all matters relating to 
emergency management in the United States. 
(B) ADVICE AND RECOMMENDATIONS.— 
(i) IN GENERAL.—In presenting ad-
vice with respect to any matter to the 
President, the Homeland Security Council, 
or the Secretary of Homeland Security, the 
Director shall, as the Director considers 
appropriate, inform the President, the 
Homeland Security Council, or the Sec-
retary, as the case may be, of the range of 
emergency preparedness, protection, re-
sponse, recovery, and mitigation options 
with respect to that matter. 
(ii) ADVICE ON REQUEST.—The Di-
rector, as the principal advisor on emer-
gency management, shall provide advice to 
the President, the Homeland Security 
Council, or the Secretary of Homeland Se-
curity on a particular matter when the 
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President, the Homeland Security Council, 
or the Secretary requests such advice. 
(iii) RECOMMENDATIONS
TO
CON-
GRESS.—After informing the President, 
the Director may make such recommenda-
tions to Congress relating to emergency 
management as the Director considers ap-
propriate. 
(5) CABINET
STATUS.—The President shall 
designate the Administrator to serve as a member of 
the Cabinet in the event of natural disasters, acts of 
terrorism, or other man-made disasters. 
(c) DEPUTY DIRECTOR.— 
(1) IN GENERAL.—The Deputy Director of the 
Federal Emergency Management Agency shall assist 
the Director of the Federal Emergency Management 
Agency. The Deputy Director shall be appointed by 
the President, by and with the advice and consent 
of the Senate. 
(2) QUALIFICATIONS.—The Deputy Director of 
the Federal Emergency Management Agency shall 
have significant experience, knowledge, training, and 
expertise in the area of emergency preparedness, re-
sponse, recovery, and mitigation as related to nat-
ural disasters and other national cataclysmic events. 
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(3) EXECUTIVE SCHEDULE POSITION.—Section 
5313 of title 5, United States Code, is amended— 
(A) by striking the following: 
‘‘Administrator of the Federal Emergency Man-
agement Agency.’’; 
and 
(B) by adding at the end the following: 
‘‘Deputy Director of the Federal Emergency 
Management Agency.’’. 
SEC. 103. MISSION. 
(a) PRIMARY MISSION.—The primary mission of the 
Federal Emergency Management Agency is to reduce the 
loss of life and property and protect the Nation from all 
hazards, including natural disasters, acts of terrorism, and 
other man-made disasters, by leading and supporting the 
Nation in a risk-based, comprehensive emergency manage-
ment system of preparedness, protection, response, recov-
ery, and mitigation. 
(b) SPECIFIC ACTIVITIES.—In support of the primary 
mission of the Federal Emergency Management Agency, 
the Director shall— 
(1) lead the Nation’s efforts to prepare for, pro-
tect against, respond to, recover from, and mitigate 
against the risk of natural disasters, acts of ter-
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appropriate entities to identify and address regional 
priorities; 
(6) coordinate with the Secretary of Homeland 
Security, the Commandant of the Coast Guard, the 
Director of Customs and Border Protection, the Di-
rector of Immigration and Customs Enforcement, 
the National Operations Center, and other agencies 
and offices in the Department of Homeland Security 
to take full advantage of the substantial range of re-
sources in that Department; 
(7) coordinate with the Administrator of the 
Small Business Administration, the Chief of Engi-
neers of the United States Army Corps of Engi-
neers, and the Secretary of Housing and Urban De-
velopment to take full advantage of the resources of 
those departments and agencies; 
(8) provide funding, training, exercises, tech-
nical assistance, planning, and other assistance to 
build tribal, local, State, regional, and national capa-
bilities (including communications capabilities), nec-
essary to respond to a natural disaster, act of ter-
rorism, or other man-made disaster; and 
(9) develop and coordinate the implementation 
of a risk-based, all-hazards strategy for preparedness 
that builds those common capabilities necessary to 
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respond to natural disasters, acts of terrorism, and 
other man-made disasters while also building the 
unique capabilities necessary to respond to specific 
types of incidents that pose the greatest risk to our 
Nation. 
SEC. 104. AUTHORITY AND RESPONSIBILITIES. 
(a) IN GENERAL.—The Director shall provide Fed-
eral leadership necessary to prepare for, protect against, 
respond to, recover from, or mitigate against a natural 
disaster, act of terrorism, or other man-made disaster, in-
cluding— 
(1) helping to ensure the effectiveness of emer-
gency response providers to terrorist attacks, major 
disasters, and other emergencies; 
(2) with respect to the Nuclear Incident Re-
sponse Team, regardless of whether it is operating 
as an organizational unit of the Department of 
Homeland Security, and in consultation with the 
Secretary of Homeland Security— 
(A) establishing standards and certifying 
when those standards have been met; 
(B) conducting joint and other exercises 
and training and evaluating performance; and 
(C) providing funds to the Department of 
Energy and the Environmental Protection 
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Agency, as appropriate, for homeland security 
planning, exercises and training, and equip-
ment; 
(3) providing the Federal Government’s re-
sponse to terrorist attacks and major disasters, in-
cluding— 
(A) managing such response; 
(B) directing the Domestic Emergency 
Support Team, the National Disaster Medical 
System, and, in consultation with the Secretary 
of Homeland Security, the Nuclear Incident Re-
sponse Team (when that team is operating as 
an organizational unit of the Department of 
Homeland Security); 
(C) overseeing the Metropolitan Medical 
Response System; and 
(D) coordinating other Federal response 
resources, including requiring deployment of the 
Strategic National Stockpile, in the event of a 
terrorist attack or major disaster; 
(4) aiding the recovery from terrorist attacks 
and major disasters; 
(5) building a comprehensive national incident 
management system with Federal, State, and local 
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government personnel, agencies, and authorities, to 
respond to such attacks and disasters; 
(6) consolidating existing Federal Government 
emergency response plans into a single, coordinated 
national response plan; 
(7) helping ensure the acquisition of operable 
and interoperable communications capabilities by 
Federal, State, local, and tribal governments and 
emergency response providers; 
(8) assisting the President in carrying out the 
functions under the Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.) and carrying out all functions and authori-
ties given to the Director under that Act; 
(9) carrying out the mission of the Federal 
Emergency Management Agency to reduce the loss 
of life and property and protect the Nation from all 
hazards by leading and supporting the Nation in a 
risk-based, comprehensive emergency management 
system of— 
(A) mitigation, by taking sustained actions 
to reduce or eliminate long-term risks to people 
and property from hazards and their effects; 
(B) preparedness, by planning, training, 
and building the emergency management pro-
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fession to prepare effectively for, mitigate 
against, respond to, and recover from any haz-
ard; 
(C) response, by conducting emergency op-
erations to save lives and property through po-
sitioning emergency equipment, personnel, and 
supplies, through evacuating potential victims, 
through providing food, water, shelter, and 
medical care to those in need, and through re-
storing critical public services; and 
(D) recovery, by rebuilding communities so 
individuals, businesses, and governments can 
function on their own, return to normal life, 
and protect against future hazards; 
(10) increasing efficiencies, by coordinating ef-
forts relating to preparedness, protection, response, 
recovery, and mitigation; 
(11) helping to ensure the effectiveness of emer-
gency response providers in responding to a natural 
disaster, act of terrorism, or other man-made dis-
aster; 
(12) supervising grant programs administered 
by the Federal Emergency Management Agency; 
(13) administering and ensuring the implemen-
tation of the National Response Plan, including co-
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