I 
109TH CONGRESS 
1ST SESSION H. R. 3656 
To reestablish the Federal Emergency Management Agency as an independent 
establishment in the executive branch, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 6, 2005 
Mr. DINGELL (for himself, Mr. STUPAK, Mr. HASTINGS of Florida, Mr. 
BOREN, Ms. LEE, Mr. MOORE of Kansas, Mr. SHERMAN, Ms. DEGETTE, 
Mr. BOUCHER, Mr. TOWNS, Mr. ROTHMAN, Mr. ANDREWS, Mr. ROSS, 
Mr. RUPPERSBERGER, Mr. BROWN of Ohio, Ms. DELAURO, Mr. ENGEL, 
Mr. GRIJALVA, Mr. LEVIN, Mr. HINCHEY, Ms. LINDA T. SA´NCHEZ of 
California, Ms. KAPTUR, Mr. KUCINICH, Mr. RYAN of Ohio, Mr. KILDEE, 
Mr. BACA, Mr. VISCLOSKY, Mr. THOMPSON of California, Mr. DAVIS of 
Florida, Ms. MCCOLLUM of Minnesota, Mr. WEINER, Mr. CARDOZA, Mr. 
MEEHAN, Mr. WU, Mr. BERMAN, Ms. KILPATRICK of Michigan, Mrs. 
MALONEY, Mr. CROWLEY, Mr. INSLEE, Ms. BORDALLO, Mr. FILNER, Mr. 
FRANK of Massachusetts, Mr. HOLT, Mr. KANJORSKI, Mr. MCDERMOTT, 
Mr. NADLER, Mr. GONZALEZ, Mrs. LOWEY, and Mr. MORAN of Virginia) 
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 reestablish the Federal Emergency Management Agency 
as an independent establishment in the executive branch, 
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 ‘‘National Emergency 
Management Restoration and Improvement Act’’. 
TITLE I—FEDERAL EMERGENCY 
MANAGEMENT AGENCY 
SEC. 101. FEDERAL EMERGENCY MANAGEMENT AGENCY. 
(a) INDEPENDENT ESTABLISHMENT.—The Federal 
Emergency Management Agency shall be an independent 
establishment in the executive branch. 
(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) QUALIFICATIONS.—The Director of the 
Federal Emergency Management Agency shall be 
appointed from among persons who have significant 
experience, knowledge, training, and expertise in the 
area of emergency preparedness, response, recovery, 
and mitigation as related to natural disasters and 
other national cataclysmic events. 
(c) DEPUTY DIRECTOR.—
(1) IN GENERAL.—There shall be in the Fed-
eral Emergency Management Agency one Deputy 
Director, who shall be appointed by the President, 
by and with the advice and consent of the Senate. 
The Deputy Director shall be compensated at the 
rate provided for at level II of the Executive Sched-
ule under section 5313 of title 5, United States 
Code. 
(2) QUALIFICATIONS.—The Deputy Director 
shall be appointed from among persons who have ex-
tensive background in disaster response and disaster 
preparedness. 
(3) RESPONSIBILITIES.—Subject to the direc-
tion and control of the Director of the Federal 
Emergency Management Agency, the Deputy Direc-
tor shall have primary responsibility within the 
Agency for natural disasters and non-natural disas-
ters, including large-scale terrorist attacks. 
TITLE II—TRANSFER AND 
SAVINGS PROVISIONS 
SEC. 201. TRANSFER OF FUNCTIONS. 
There shall be transferred to the Director of the Fed-
eral Emergency Management Agency— 
(1) the functions (including the functions under 
paragraphs (3) and (8) of section 430(c) of the
Homeland Security Act of 2002 (6 U.S.C. 238(c)), 
personnel, assets, and liabilities of the Department 
of Homeland Security relating to the Federal Emer-
gency Management Agency; and 
(2) the functions of the Department of Home-
land Security under sections 502 (other than para-
graph (2)) and 503(2) of the Homeland Security Act 
of 2002 (6 U.S.C. 312, 313), and the personnel, as-
sets, and liabilities of the Department relating to 
such functions. 
SEC. 202. TRANSITION PERIOD. 
The transfers under this title 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, includ-
ing the use of personnel and assets, as the Director may 
request in preparing for the transfer. 
SEC. 203. PERSONNEL PROVISIONS. 
(a) APPOINTMENTS.—The Director of the Federal 
Emergency Management Agency may appoint and fix the 
compensation of such officers and employees, including in-
vestigators, attorneys, and administrative law judges, as 
may be necessary to carry out the respective functions 
transferred under this title. Except as otherwise provided
by law, such officers and employees shall be appointed in 
accordance with the civil service laws and their compensa-
tion fixed in accordance with title 5, United States Code. 
(b) EXPERTS AND CONSULTANTS.—The Director of 
the Federal Emergency Management Agency may obtain 
the services of experts and consultants in accordance with 
section 3109 of title 5, United States Code, and com-
pensate such experts and consultants for each day (includ-
ing traveltime) at rates not in excess of the rate of pay 
for level IV of the Executive Schedule under section 5315 
of such title. The Director of the Federal Emergency Man-
agement Agency may pay experts and consultants who are 
serving away from their homes or regular place of busi-
ness, travel expenses and per diem in lieu of subsistence 
at rates authorized by sections 5702 and 5703 of such 
title for persons in Government service employed intermit-
tently. 
SEC. 204. DELEGATION AND ASSIGNMENT. 
Except where otherwise expressly prohibited by law 
or otherwise provided by this title, the Director of the Fed-
eral Emergency Management Agency may delegate any of 
the functions transferred to the Director of the Federal 
Emergency Management Agency by this title and any 
function transferred or granted to such Director after the 
effective date of this title to such officers and employees
of the Federal Emergency Management Agency as the Di-
rector may designate, and may authorize successive redele-
gations of such functions as may be necessary or appro-
priate. No delegation of functions by the Director of the 
Federal Emergency Management Agency under this sec-
tion or under any other provision of this title shall relieve 
such Director of responsibility for the administration of 
such functions. 
SEC. 205. REORGANIZATION. 
The Director of the Federal Emergency Management 
Agency is authorized to allocate or reallocate any function 
transferred under section 201 among the officers of the 
Federal Emergency Management Agency, and to estab-
lish, consolidate, alter, or discontinue such organizational 
entities in the Federal Emergency Management Agency as 
may be necessary or appropriate. 
SEC. 206. RULES. 
The Director of the Federal Emergency Management 
Agency is authorized to prescribe, in accordance with the 
provisions of chapters 5 and 6 of title 5, United States 
Code, such rules and regulations as the Director deter-
mines necessary or appropriate to administer and manage 
the functions of the Federal Emergency Management 
Agency.
SEC. 207. TRANSFER AND ALLOCATIONS OF APPROPRIA-
TIONS AND PERSONNEL. 
Except as otherwise provided in this title, the per-
sonnel employed in connection with, and the assets, liabil-
ities, contracts, property, records, and unexpended bal-
ances of appropriations, authorizations, allocations, and 
other funds employed, used, held, arising from, available 
to, or to be made available in connection with the func-
tions transferred by this title, subject to section 1531 of 
title 31, United States Code, shall be transferred to the 
Federal Emergency Management Agency. Unexpended 
funds transferred pursuant to this section shall be used 
only for the purposes for which the funds were originally 
authorized and appropriated. 
SEC. 208. INCIDENTAL TRANSFERS. 
The Director of the Office of Management and Budg-
et, at such time or times as the Director shall provide, 
is authorized to make such determinations as may be nec-
essary with regard to the functions transferred by this 
title, and to make such additional incidental dispositions 
of personnel, assets, liabilities, grants, contracts, property, 
records, and unexpended balances of appropriations, au-
thorizations, allocations, and other funds held, used, aris-
ing from, available to, or to be made available in connec-
tion with such functions, as may be necessary to carry out 
the provisions of this title. The Director of the Office of
Management and Budget shall provide for the termination 
of the affairs of all entities terminated by this title and 
for such further measures and dispositions as may be nec-
essary to effectuate the purposes of this title. 
SEC. 209. EFFECT ON PERSONNEL. 
(a) IN GENERAL.—Except as otherwise provided by 
this title, the transfer pursuant to this title of full-time 
personnel (except special Government employees) and 
part-time personnel holding permanent positions shall not 
cause any such employee to be separated or reduced in 
grade or compensation for one year after the date of trans-
fer of such employee under this title. 
(b) EXECUTIVE SCHEDULE POSITIONS.—Except as 
otherwise provided in this title, any person who, on the 
day preceding the effective date of this title, held a posi-
tion compensated in accordance with the Executive Sched-
ule prescribed in chapter 53 of title 5, United States Code, 
and who, without a break in service, is appointed in the 
Federal Emergency Management Agency to a position 
having duties comparable to the duties performed imme-
diately preceding such appointment shall continue to be 
compensated in such new position at not less than the rate 
provided for such previous position, for the duration of 
the service of such person in such new position.
SEC. 210. SAVINGS PROVISIONS. 
(a) CONTINUING EFFECT OF LEGAL DOCUMENTS.— 
All orders, determinations, rules, regulations, permits, 
agreements, grants, contracts, certificates, licenses, reg-
istrations, privileges, and other administrative actions— 
(1) which have been issued, made, granted, or 
allowed to become effective by the President, any 
Federal agency or official thereof, or by a court of 
competent jurisdiction, in the performance of func-
tions which are transferred under this title, and 
(2) which are in effect at the time this title 
takes effect, or were final before the effective date 
of this title and are to become effective on or after 
the effective date of this title, 
shall continue in effect according to their terms until 
modified, terminated, superseded, set aside, or revoked in 
accordance with law by the President, the Director of the 
Federal Emergency Management Agency or other author-
ized official, a court of competent jurisdiction, or by oper-
ation of law. 
(b) PROCEEDINGS NOT AFFECTED.—The provisions 
of this title shall not affect any proceedings, including no-
tices of proposed rulemaking, or any application for any 
license, permit, certificate, or financial assistance pending 
before the Federal Emergency Management Agency at the 
time this title takes effect, with respect to functions trans-
ferred by this title but such proceedings and applications 
shall continue. Orders shall be issued in such proceedings, 
appeals shall be taken therefrom, and payments shall be 
made pursuant to such orders, as if this title had not been 
enacted, and orders issued in any such proceedings shall 
continue in effect until modified, terminated, superseded, 
or revoked by a duly authorized official, by a court of com-
petent jurisdiction, or by operation of law. Nothing in this 
subsection shall be deemed to prohibit the discontinuance 
or modification of any such proceeding under the same 
terms and conditions and to the same extent that such 
proceeding could have been discontinued or modified if 
this title had not been enacted. 
(c) SUITS NOT AFFECTED.—The provisions of this 
title shall not affect suits commenced before the effective 
date of this title, and in all such suits, proceedings shall 
be had, appeals taken, and judgments rendered in the 
same manner and with the same effect as if this title had 
not been enacted. 
(d) NONABATEMENT OF ACTIONS.—No suit, action, 
or other proceeding commenced by or against the Federal 
Emergency Management Agency, or by or against any in-
dividual in the official capacity of such individual as an 
officer of the Federal Emergency Management Agency, 
shall abate by reason of the enactment of this title.
(e) ADMINISTRATIVE ACTIONS RELATING TO PRO-
MULGATION OF REGULATIONS.—Any administrative ac-
tion relating to the preparation or promulgation of a regu-
lation by the Federal Emergency Management Agency re-
lating to a function transferred under this title may be 
continued by the Federal Emergency Management Agency 
with the same effect as if this title had not been enacted. 
SEC. 211. REFERENCES. 
Any reference in any other Federal law, Executive 
order, rule, regulation, or delegation of authority, or any 
document of or pertaining to a department, agency, or of-
fice from which a function is transferred by this title— 
(1) to the head of such department, agency, or 
office is deemed to refer to the head of the depart-
ment, agency, or office to which such function is 
transferred; or 
(2) to such department, agency, or office is 
deemed to refer to the department, agency, or office 
to which such function is transferred. 
SEC. 212. CONFORMING AMENDMENTS AND REPEALS. 
(a) HOMELAND SECURITY ACT OF 2002.— 
(1) SECTION 504.—Section 504(a) of the Home-
land Security Act of 2002 (6 U.S.C. 314(a)) is 
amended by striking ‘‘, major disaster,’’.
(2) REPEALS.—The following provisions of the 
Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) are repealed: 
(A) Section 2(11). 
(B) Section 503(1). 
(C) Section 507. 
(D) Section 508. 
(b) TITLE 5, UNITED STATES CODE.— 
(1) DIRECTOR.—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.’’. 
(2) DEPUTY DIRECTOR.—Section 5313 of title 
5, United States Code, is amended by adding at the 
end the following: 
‘‘Deputy Director of the Federal Emergency 
Management Agency.’’. 
(c) ADDITIONAL CONFORMING AMENDMENTS.— 
(1) RECOMMENDED LEGISLATION.—After con-
sultation with the appropriate committees of the 
Congress and the Director of the Office of Manage-
ment and Budget, the Director of the Federal Emer-
gency Management Agency shall prepare and submit 
to Congress recommended legislation containing