I 
109TH CONGRESS 
1ST SESSION H. R. 4493 
To reestablish the Federal Emergency Management Agency as a cabinet- 
level independent establishment in the executive branch that is respon-
sible for the Nation’s preparedness and response to disasters, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 8, 2005 
Mr. OBERSTAR (for himself, Ms. NORTON, Mr. CUMMINGS, Ms. MILLENDER- 
MCDONALD, Mr. HIGGINS, Ms. CORRINE BROWN of Florida, Mr. 
COSTELLO, Ms. BERKLEY, Mr. RAHALL, Mr. BAIRD, Mr. NADLER, Ms. 
CARSON, Mr. CAPUANO, Mr. DEFAZIO, Mr. HONDA, Mr. LARSEN of 
Washington, Mr. BLUMENAUER, Mr. SALAZAR, Mr. HOLDEN, Ms. EDDIE 
BERNICE JOHNSON of Texas, Mr. WEINER, Mr. BISHOP of New York, 
Mr. CARNAHAN, Mr. FILNER, Mr. MENENDEZ, Mr. TAYLOR of Mis-
sissippi, Mr. BOSWELL, Mr. MATHESON, Ms. SCHWARTZ of Pennsylvania, 
Mr. CHANDLER, Mr. MICHAUD, and Mr. DAVIS of Tennessee) introduced 
the following bill; which was referred to the Committee on Transportation 
and Infrastructure, and in addition to the Committee on Homeland Secu-
rity, 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 a cabinet-level independent establishment in the execu-
tive branch that is responsible for the Nation’s prepared-
ness 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. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Emergency 
Management Agency Restoration Act’’. 
SEC. 2. FEDERAL EMERGENCY MANAGEMENT AGENCY. 
(a) INDEPENDENT ESTABLISHMENT.—The Federal 
Emergency Management Agency shall be a cabinet-level 
independent establishment in the executive branch that is 
responsible for emergency preparedness, response, recov-
ery, and mitigation for all hazards, including major disas-
ters, acts of terrorism, and other emergencies. 
(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) QUALIFICATION.—The Director shall be ap-
pointed from among persons who have extensive ex-
perience in emergency preparedness, response, recov-
ery, and mitigation for all hazards, including major 
disasters, acts of terrorism, and other emergencies. 
(3) TERM OF OFFICE.—The term of office of an 
individual appointed as the Director shall be 5 years.
Such individual may be appointed in accordance 
with paragraph (1) for an additional term of 5 
years. 
(4) CONFORMING AMENDMENT.—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.’’. 
(c) DEPUTY DIRECTOR.— 
(1) IN
GENERAL.—The Federal Emergency 
Management Agency shall have one deputy director 
appointed in the competitive service by the Director. 
(2) QUALIFICATIONS.—The Deputy Director 
shall be appointed from among persons who have ex-
tensive experience in emergency preparedness, re-
sponse, recovery, and mitigation for all hazards, in-
cluding major disasters, acts of terrorism, and other 
emergencies. 
(3) DUTIES.—The Deputy Director shall— 
(A) carry out duties and powers prescribed 
by the Director; 
(B) serve as a liaison to the Department of 
Homeland Security in the event of an act of 
terrorism; and
(C) act for the Director when the Director 
is absent or unable to serve or when the posi-
tion of the Director is vacant. 
(d) LIMITATIONS ON DEFINITION OF EMERGENCY 
PREPAREDNESS.—For purposes of this Act, the term 
‘‘emergency preparedness’’ does not include law enforce-
ment efforts to prevent or deter acts of terrorism, protect 
critical infrastructure, and conduct intelligence activities. 
SEC. 3. TRANSFER OF FUNCTIONS. 
(a) IN GENERAL.—There shall be transferred to the 
Director of the Federal Emergency Management Agency 
the functions, personnel, assets, and liabilities of the De-
partment of Homeland Security relating to the Federal 
Emergency Management Agency, including the functions 
of the Department under paragraphs (3) and (8) of sec-
tion 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) and other functions of the Pre-
paredness Directorate of the Department (other than 
those functions relating to law enforcement efforts to pre-
vent and deter acts of terrorism, protect critical infra-
structure, and conduct intelligence activities), the func-
tions relating 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 the
Federal Emergency Management Agency under any other 
law, including those functions relating to emergency man-
agement performance grants, under the National Flood 
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Rob-
ert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards 
Reductions Act of 1977 (42 U.S.C. 7701 et seq.), the Na-
tional Dam Safety Program Act (33 U.S.C. 467 et seq.), 
and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.). 
(b) TRANSITION PERIOD.—The transfers under this 
section shall be carried out as soon as practicable after 
the date of enactment of this Act, but not later than the 
120th day following 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. 4. SAVINGS PROVISIONS. 
(a) PERSONNEL PROVISIONS.— 
(1) APPOINTMENTS.—The Director of the Fed-
eral Emergency Management Agency may appoint 
and fix the compensation of such officers and em-
ployees, including investigators, attorneys, and ad-
ministrative law judges, as may be necessary to
carry out the respective functions transferred under 
section 3. Except as otherwise provided by law, such 
officers and employees shall be appointed in accord-
ance with the civil service laws and their compensa-
tion fixed in accordance with title 5, United States 
Code. 
(2) EXPERTS AND CONSULTANTS.—The Direc-
tor may obtain the services of experts and consult-
ants in accordance with section 3109 of title 5, 
United States Code, and compensate such experts 
and consultants for each day (including 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 may pay experts and con-
sultants who are serving away from their homes or 
regular place of business, 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 intermittently. 
(b) DELEGATION AND ASSIGNMENT.—Except where 
otherwise expressly prohibited by law or otherwise pro-
vided by this Act, the Director may delegate any of the 
functions transferred to the Director by section 3 and any 
function transferred or granted to the Director after the 
date of the transfers by section 3 to such officers and em-
ployees of the Federal Emergency Management Agency as 
the Director may designate and may authorize successive 
redelegations of such functions as may be necessary or ap-
propriate. No delegation of functions by the Director 
under this subsection or under any other provision of this 
Act shall relieve the Director of responsibility for the ad-
ministration of such functions. 
(c) REORGANIZATION.—The Director is authorized to 
allocate or reallocate any function transferred under sec-
tion 3 among the officers of the Federal Emergency Man-
agement Agency, and to establish, consolidate, alter, or 
discontinue such organizational entities in the Federal 
Emergency Management Agency as may be necessary or 
appropriate if the Director, on or before the 30th day pre-
ceding the date of the allocation or reallocation, provides 
to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
Homeland Security and Government Affairs of the Senate 
written notice of the allocation or reallocation. 
(d) RULES.—The Director 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 determines necessary or appropriate to ad-
minister and manage the functions of the Federal Emer-
gency Management Agency.
(e) TRANSFER AND ALLOCATIONS OF APPROPRIA-
TIONS AND PERSONNEL.—Except as otherwise provided 
in this section, the personnel employed in connection with, 
and the assets, liabilities, contracts, property, records, and 
unexpended balances of appropriations, authorizations, al-
locations, and other funds employed, used, held, arising 
from, available to, or to be made available in connection 
with the functions transferred by section 3, subject to sec-
tion 1531 of title 31, United States Code, shall be trans-
ferred to the Federal Emergency Management Agency. 
Unexpended funds transferred pursuant to this subsection 
shall be used only for the purposes for which the funds 
were originally authorized and appropriated. 
(f) INCIDENTAL TRANSFERS.—The Director of the 
Office of Management and Budget, at such time or times 
as the Director shall provide, is authorized to make such 
determinations as may be necessary with regard to the 
functions transferred by section 3, and to make such addi-
tional incidental dispositions of personnel, assets, liabil-
ities, 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 functions, 
as may be necessary to carry out the provisions of this 
Act. The Director of the Office of Management and Budg-
et shall provide for the termination of the affairs of all 
entities terminated by this Act and for such further meas-
ures and dispositions as may be necessary to effectuate 
the purposes of this Act. 
(g) EFFECT ON PERSONNEL.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided by this section, the transfer pursuant to this 
section of full-time personnel (except special Govern-
ment employees) and part-time personnel holding 
permanent positions shall not cause any such em-
ployee to be separated or reduced in grade or com-
pensation for one year after the date of transfer of 
such employee under this section. 
(2) EXECUTIVE SCHEDULE POSITIONS.—Except 
as otherwise provided in this section, any person 
who, on the day preceding the date of the transfers 
of functions under section 3, held a position com-
pensated in accordance with the Executive Schedule 
prescribed in chapter 53 of title 5, United States 
Code, and who, without a break in service, is ap-
pointed in the Federal Emergency Management 
Agency to a position having duties comparable to the 
duties performed immediately preceding such ap-
pointment 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 serv-
ice of such person in such new position. 
(h) SAVINGS PROVISIONS.— 
(1) CONTINUING
EFFECT
OF
LEGAL
DOCU-
MENTS.—All orders, determinations, rules, regula-
tions, permits, agreements, grants, contracts, certifi-
cates, licenses, registrations, privileges, and other 
administrative actions— 
(A) which have been issued, made, grant-
ed, or allowed to become effective by the Presi-
dent, any Federal agency or official thereof, or 
by a court of competent jurisdiction, in the per-
formance of functions which are transferred 
under section 3, and 
(B) which are in effect on the date of the 
transfers of functions under section 3, or were 
final before such date and are to become effec-
tive on or after such date, 
shall continue in effect according to their terms until 
modified, terminated, superseded, set aside, or re-
voked in accordance with law by the President, the 
Director of the Federal Emergency Management 
Agency or other authorized official, a court of com-
petent jurisdiction, or by operation of law.
(2) PROCEEDINGS NOT AFFECTED.—The provi-
sions of this section and section 3 shall not affect 
any proceedings, including notices of proposed rule-
making, or any application for any license, permit, 
certificate, or financial assistance pending before the 
Federal Emergency Management Agency on the date 
of the transfers of functions under section 3, with 
respect to functions transferred by section 3 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 section and 
section 3 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 competent ju-
risdiction, or by operation of law. Nothing in this 
paragraph shall be deemed to prohibit the dis-
continuance 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 section and section 
3 had not been enacted. 
(3) SUITS NOT AFFECTED.—The provisions of 
this section and section 3 shall not affect suits com-
menced before the date of the transfers of functions 
under section 3, 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 section and section 3 had not been enacted. 
(4) NONABATEMENT OF ACTIONS.—No suit, ac-
tion, or other proceeding commenced by or against 
the Federal Emergency Management Agency, or by 
or against any individual in the official capacity of 
such individual as an officer of the Federal Emer-
gency Management Agency, shall abate by reason of 
the enactment of this section or section 3. 
(5) ADMINISTRATIVE
ACTIONS
RELATING
TO 
PROMULGATION OF REGULATIONS.—Any administra-
tive action relating to the preparation or promulga-
tion of a regulation by the Federal Emergency Man-
agement Agency relating to a function transferred 
under section 3 may be continued by the Federal 
Emergency Management Agency with the same ef-
fect as if this section and section 3 had not been en-
acted. 
(i) REFERENCES.—Any reference in any other Fed-
eral law, Executive order, rule, regulation, or delegation 
of authority, or any document of or pertaining to a depart-
ment, agency, or office from which a function is trans-
ferred by section 3— 
(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. 
(j) REPEALS.—The following provisions of the Home-
land Security Act of 2002 (6 U.S.C. 101 et seq.) are re-
pealed: 
(1) Section 503(1). 
(2) Section 507. 
Æ