I 
109TH CONGRESS 
1ST SESSION H. R. 3659 
To reestablish the Federal Emergency Management Agency as an 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 
SEPTEMBER 6, 2005 
Mr. OBERSTAR (for himself and Ms. NORTON) introduced the following bill; 
which was referred to the Committee on Transportation and Infrastruc-
ture, and in addition to the Committee on Homeland Security, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To reestablish the Federal Emergency Management Agency 
as an 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. FEDERAL EMERGENCY MANAGEMENT AGENCY. 
(a) INDEPENDENT ESTABLISHMENT.—The Federal 
Emergency Management Agency shall be an independent
establishment in the executive branch that is responsible 
for the Nation’s preparedness and response to disasters. 
(b) DIRECTOR.— 
(1) IN GENERAL.—The Agency shall be headed 
by a Director, who shall be appointed by the Presi-
dent, by and with the advice and consent of the Sen-
ate, and who shall report directly to the President. 
The Director of the Federal Emergency Manage-
ment Agency shall be compensated at the rate pro-
vided for at level I of the Executive Schedule under 
section 5312 of title 5, United States Code. 
(2) BACKGROUND.—The Director shall be ap-
pointed from among persons who have extensive 
background in emergency or disaster-related man-
agement. 
(3) TERM OF OFFICE.—The term of office of an 
individual appointed as the Director shall be 5 years. 
(c) TRANSFER
OF
FUNCTIONS.—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 relat-
ing to the Federal Emergency Management Agency, in-
cluding 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), the functions relat-
ing 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 emergency manage-
ment performance grants under the National Flood Insur-
ance 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 Reduc-
tions Act of 1977 (42 U.S.C. 7701 et seq.), and Reorga-
nization Plan No. 3 of 1978 (5 U.S.C. App.). 
(d) TRANSITION PERIOD.—The transfers under this 
section shall be carried out as soon as practicable after 
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. 2. CONFORMING AMENDMENT. 
Section 504(a) of the Homeland Security Act of 2002 
(6 U.S.C. 314(a)) is amended by striking ‘‘, major dis-
aster,’’. 
SEC. 3. REPEALS. 
The following provisions of the Homeland Security 
Act of 2002 (6 U.S.C. 101 et seq.) are repealed:
(1) Section 2(11). 
(2) Section 503(1). 
(3) Section 507. 
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