SEC. 106. PERSONNEL AND OTHER TRANSFERS. 
(a) PERSONNEL PROVISIONS.— 
(1) APPOINTMENTS.—The Director may 
appoint and fix the compensation of such 
officers and employees, including inves-
tigators, attorneys, and administrative 
law judges, as may be necessary to carry 
out the respective functions transferred 
under section 105. Except as otherwise 
provided by law, such officers and em-
ployees shall be appointed in accordance 
with the civil service laws and their com-
pensation fixed in accordance with title 
5, United States Code. 
(2) EXPERTS
AND
CONSULTANTS.—The 
Director may obtain the services of ex-
perts and consultants in accordance with 
section 3109 of title 5, United States Code, 
and compensate such experts and con-
sultants for each day (including travel-
time) during which they are engaged in 
the actual performance of such services 
at rates not in excess of the rate of pay 
for level IV of the Executive Schedule 
under section 5315 of such title. The Di-
rector may pay experts and consultants 
VerDate Aug 31 2005 
04:54 Dec 15, 2006
Jkt 059200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6202
E:\BILLS\H5316.RH
H5316
jcorcoran on PRODPC62 with BILLS
who are serving away from their homes 
or regular place of business, travel ex-
penses and per diem in lieu of subsist-
ence at rates authorized by sections 5702 
and 5703 of such title for persons in Gov-
ernment service employed intermittently. 
(b) DELEGATION AND ASSIGNMENT.—Except 
where otherwise expressly prohibited by law 
or otherwise provided by this title, the Direc-
tor may delegate any of the functions trans-
ferred to the Director by section 105 and any 
function transferred or granted to the Direc-
tor after the date of the transfers by section 
105 to such officers and employees of the 
Agency as the Director may designate and 
may authorize successive redelegations of 
such functions as may be necessary or appro-
priate. No delegation of functions by the Di-
rector under this subsection or under any 
other provision of this title shall relieve the 
Director of responsibility for the administra-
tion of such functions. 
(c) REORGANIZATION.—The Director may 
allocate or reallocate any function trans-
ferred under section 105 among the officers of 
VerDate Aug 31 2005 
04:54 Dec 15, 2006
Jkt 059200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6202
E:\BILLS\H5316.RH
H5316
jcorcoran on PRODPC62 with BILLS
the Agency, and may establish, consolidate, 
alter, or discontinue such organizational enti-
ties in the Agency as may be necessary or ap-
propriate if the Director, on or before the 30th 
day preceding the date of the allocation or re-
allocation, provides to the Committee on 
Transportation and Infrastructure of the 
House of Representatives and the Committee 
on Homeland Security and Governmental Af-
fairs of the Senate written notice of the allo-
cation or reallocation. 
(d) RULES.—The Director may 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 Agency. 
(e) TRANSFER AND ALLOCATIONS OF APPRO-
PRIATIONS AND PERSONNEL.—Except as other-
wise provided in this title, the personnel em-
ployed in connection with, and the assets, li-
abilities, contracts, property, records, and un-
expended balances of appropriations, author-
izations, allocations, and other funds em-
ployed, used, held, arising from, available to, 
VerDate Aug 31 2005 
04:54 Dec 15, 2006
Jkt 059200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6202
E:\BILLS\H5316.RH
H5316
jcorcoran on PRODPC62 with BILLS
or to be made available in connection with 
the functions transferred by section 105, sub-
ject to section 1531 of title 31, United States 
Code, shall be transferred to the Agency. Un-
expended funds transferred pursuant to this 
subsection shall be used only for the purposes 
for which the funds were originally author-
ized and appropriated. 
(f) INCIDENTAL TRANSFERS.—The Director 
of the Office of Management and Budget, in 
consultation with the Director, may make 
such determinations as may be necessary 
with regard to the functions transferred by 
section 105, and may make such additional in-
cidental dispositions of personnel, assets, li-
abilities, grants, contracts, property, records, 
and unexpended balances of appropriations, 
authorizations, allocations, and other funds 
held, used, arising from, available to, or to be 
made available in connection with such func-
tions, as may be necessary to carry out the 
provisions of this title. The Director of the Of-
fice of Management and Budget shall provide 
for the termination of the affairs of all entities 
terminated by this title and for such further 
VerDate Aug 31 2005 
04:54 Dec 15, 2006
Jkt 059200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6202
E:\BILLS\H5316.RH
H5316
jcorcoran on PRODPC62 with BILLS
measures and dispositions as may be nec-
essary to effectuate the purposes of this title. 
(g) EFFECT ON PERSONNEL.— 
(1) IN GENERAL.—Except as otherwise 
provided by this title, the transfer pursu-
ant to this title of full-time personnel (ex-
cept special Government employees) and 
part-time personnel holding permanent 
positions shall not cause any such em-
ployee to be separated or reduced in 
grade or compensation for one year after 
the date of transfer of such employee 
under this title. 
(2) EXECUTIVE
SCHEDULE
POSITIONS.— 
Except as otherwise provided in this title, 
any person who, on the day preceding 
the date of the transfers of functions 
under section 105, held a position com-
pensated in accordance with the Execu-
tive Schedule prescribed in chapter 53 of 
title 5, United States Code, and who, 
without a break in service, is appointed 
in the Agency to a position having duties 
comparable to the duties performed im-
mediately preceding such appointment 
VerDate Aug 31 2005 
04:54 Dec 15, 2006
Jkt 059200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6202
E:\BILLS\H5316.RH
H5316
jcorcoran on PRODPC62 with BILLS
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. 107. SAVINGS PROVISIONS. 
(a) SAVINGS PROVISIONS.— 
(1) CONTINUING EFFECT OF LEGAL DOCU-
MENTS.—All orders, determinations, rules, 
regulations, permits, agreements, grants, 
contracts, certificates, licenses, registra-
tions, privileges, and other administra-
tive actions— 
(A) which have been issued, made, 
granted, or allowed to become effec-
tive by the President, any Federal 
agency or official thereof, or by a 
court of competent jurisdiction, in 
the performance of functions that are 
transferred under section 105; and 
(B) which are in effect on the date 
of the transfers of functions under 
section 105, or were final before such 
date and are to become effective on 
or after such date, shall continue in 
VerDate Aug 31 2005 
04:54 Dec 15, 2006
Jkt 059200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6202
E:\BILLS\H5316.RH
H5316
jcorcoran on PRODPC62 with BILLS
effect according to their terms until 
modified, terminated, superseded, set 
aside, or revoked in accordance with 
law by the President, the Director, or 
other authorized official, a court of 
competent jurisdiction, or by oper-
ation of law. 
(2) PROCEEDINGS NOT AFFECTED.—The 
provisions of this title shall not affect any 
proceedings, including notices of pro-
posed rulemaking, or any application for 
any license, permit, certificate, or finan-
cial assistance pending before the Agency 
on the date of the transfers of functions 
under section 105, with respect to func-
tions transferred by section 105 but such 
proceedings and applications shall con-
tinue. Orders shall be issued in such pro-
ceedings, appeals shall be taken there-
from, and payments shall be made pursu-
ant 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, 
VerDate Aug 31 2005 
04:54 Dec 15, 2006
Jkt 059200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6202
E:\BILLS\H5316.RH
H5316
jcorcoran on PRODPC62 with BILLS
by a court of competent jurisdiction, or 
by operation of law. Nothing in this para-
graph 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. 
(3) SUITS
NOT
AFFECTED.—The provi-
sions of this title shall not affect suits 
commenced before the date of the trans-
fers of functions under section 105, and 
in all such suits, proceedings shall be 
had, appeals taken, and judgments ren-
dered in the same manner and with the 
same effect as if this title had not been 
enacted. 
(4) NONABATEMENT
OF
ACTIONS.—No 
suit, action, or other proceeding com-
menced by or against the Agency, or by 
or against any individual in the official 
capacity of such individual as an officer 
of the Agency, shall abate by reason of 
the enactment of this title. 
VerDate Aug 31 2005 
04:54 Dec 15, 2006
Jkt 059200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6202
E:\BILLS\H5316.RH
H5316
jcorcoran on PRODPC62 with BILLS
(5) ADMINISTRATIVE ACTIONS RELATING 
TO
PROMULGATION
OF
REGULATIONS.—Any 
administrative action relating to the 
preparation or promulgation of a regula-
tion by the Agency relating to a function 
transferred under section 105 may be 
continued by the Agency with the same 
effect as if this title had not been en-
acted. 
(b) REFERENCES.—Any reference in any 
other Federal law, Executive order, rule, reg-
ulation, or delegation of authority, or any doc-
ument of or pertaining to a department, agen-
cy, or office from which a function is trans-
ferred by section 105— 
(1) to the head of such department, 
agency, or office is deemed to refer to the 
head of the department, agency, or office 
to which such function is transferred; or 
(2) to such department, agency, or of-
fice is deemed to refer to the department, 
agency, or office to which such function 
is transferred. 
VerDate Aug 31 2005 
04:54 Dec 15, 2006
Jkt 059200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6202
E:\BILLS\H5316.RH
H5316
jcorcoran on PRODPC62 with BILLS
SEC. 108. CONFORMING AND TECHNICAL AMENDMENTS. 
(a) CHIEF
FINANCIAL
OFFICER.—Section 
901(b)(2) of title 31, United States Code, is 
amended by adding at the end the following: 
‘‘(H) The Federal Emergency Manage-
ment Agency.’’. 
(b) RECOMMENDED LEGISLATION.— 
(1) IN
GENERAL.—After consultation 
with the appropriate committees of Con-
gress and the Director of the Office of 
Management and Budget, the Director 
shall prepare recommended legislation 
containing 
technical 
and 
conforming 
amendments to reflect the changes made 
by this title. 
(2) 
SUBMISSION
TO
CONGRESS.—Not 
later than 90 days after the last day of 
the transition period referred to in sec-
tion 105(b), the Director shall submit to 
Congress a report containing the rec-
ommended legislation. 
(c) REPEALS.— 
(1) IN GENERAL.—The following provisions 
of the Homeland Security Act of 2002 (6 U.S.C. 
101 et seq.) are repealed: 
(A) Section 503(1). 
VerDate Aug 31 2005 
04:54 Dec 15, 2006
Jkt 059200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6202
E:\BILLS\H5316.RH
H5316
jcorcoran on PRODPC62 with BILLS
(B) Section 507. 
(2)TABLE OF CONTENTS.—The table of con-
tents contained in section 1(b) of such Act is 
amended by striking the item relating to sec-
tion 507. 
Subtitle B—Federal Emergency 
Management Agency Personnel 
SEC. 121. WORKFORCE DEVELOPMENT. 
(a) IN GENERAL.—Subpart I of part III of 
title 5, United States Code, is amended by 
adding at the end the following: 
‘‘CHAPTER 101—FEDERAL EMERGENCY 
MANAGEMENT AGENCY PERSONNEL 
‘‘Sec. 
‘‘10101. Definitions. 
‘‘10102. Human capital strategy. 
‘‘10103. Recruitment bonuses for the Federal Emergency Man-
agement Agency. 
‘‘10104. Retention bonuses for the Federal Emergency Manage-
ment Agency. 
‘‘10105. Disaster workforce reserve cadre. 
‘‘§ 10101. Definitions 
‘‘For purposes of this chapter— 
‘‘(1) the term ‘Federal Emergency 
Management Agency’ or ‘Agency’ shall be 
considered to refer to the Federal Emer-
gency Management Agency established 
under section 101 of the RESPOND Act of 
2006; and 
VerDate Aug 31 2005 
04:54 Dec 15, 2006
Jkt 059200
PO 00000
Frm 00097
Fmt 6652
Sfmt 6202
E:\BILLS\H5316.RH
H5316
jcorcoran on PRODPC62 with BILLS
‘‘(2) the term ‘Director of the Federal 
Emergency Management Agency’ or ‘Di-
rector’ shall be considered to refer to the 
Director of the Federal Emergency Man-
agement Agency appointed under section 
103 of the RESPOND Act of 2006. 
‘‘§ 10102. Human capital strategy 
‘‘(a) IN GENERAL.—The Director of the Fed-
eral Emergency Management Agency shall de-
velop a human capital strategy to ensure that 
the Agency has a workforce of the appro-
priate size and with the appropriate skills 
and training to effectively carry out the mis-
sion and responsibilities of the Agency, con-
sistent with the policies and plans developed 
pursuant to this section. 
‘‘(b) CONTENT.—The strategy shall include, 
at a minimum— 
‘‘(1) a workforce development strat-
egy for the Agency; 
‘‘(2) an assessment of the workforce 
characteristics and future needs of the 
Agency; 
‘‘(3) an analysis of how the Agency’s 
human resources policies and programs 
VerDate Aug 31 2005 
04:54 Dec 15, 2006
Jkt 059200
PO 00000
Frm 00098
Fmt 6652
Sfmt 6202
E:\BILLS\H5316.RH
H5316
jcorcoran on PRODPC62 with BILLS