I 
109TH CONGRESS 
2D SESSION 
H. R. 4840 
To amend the Homeland Security Act of 2002 to establish requirements 
for appointment of the Director of the Federal Emergency Management 
Agency, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 1, 2006 
Mr. THOMPSON of Mississippi (for himself, Mr. PASCRELL, Mr. MEEK of Flor-
ida, Mr. LANGEVIN, Mr. ETHERIDGE, Ms. JACKSON-LEE of Texas, Mr. 
MARKEY, Mr. AL GREEN of Texas, Mrs. CHRISTENSEN, Mr. DEFAZIO, 
Mr. BROWN of Ohio, and Mr. GRIJALVA) 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 amend the Homeland Security Act of 2002 to establish 
requirements for appointment of the Director of the Fed-
eral Emergency Management Agency, and for other pur-
poses. 
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 ‘‘Plan to Restore Excel-
lence and Professional Accountability in Responding to 
Emergencies Act’’ or the ‘‘PREPARE Act’’. 
SEC. 2. APPOINTMENT AND QUALIFICATIONS OF FEMA DI-
RECTOR AND DEPUTY DIRECTOR. 
Section 507 of the Homeland Security Act of 2002 
(6 U.S.C. 317) is amended by redesignating subsections 
(a) and (b) as subsections (b) and (c), respectively, and 
by inserting before subsection (b) (as so redesignated) the 
following: 
‘‘(a) OFFICERS.— 
‘‘(1) APPOINTMENT
AND
QUALIFICATIONS
OF 
DIRECTOR.—The Federal Emergency Management 
Agency shall be headed by a Director who shall be 
appointed by the President, by and with the advice 
and consent of the Senate from among individuals 
who possess demonstrated ability in, knowledge of, 
and extensive background in emergency or disaster- 
related management. 
‘‘(2) DEPUTY DIRECTOR.—The Federal Emer-
gency Management Agency shall have one Deputy 
Director who shall be appointed by the Director— 
‘‘(A) in accordance with provisions of title 
5, United States Code, governing appointments 
in the competitive service; and
‘‘(B) from among individuals who possess 
demonstrated ability in, knowledge of, and ex-
tensive background in emergency or disaster-re-
lated management.’’. 
SEC. 3. RECOMBINATION OF PREPAREDNESS AND RE-
SPONSE FUNCTIONS. 
(a) RENAMING
OF UNDER SECRETARY
OF PRE-
PAREDNESS
AND RESPONSE.—Section 103(a) of the 
Homeland Security Act of 2002 (6 U.S.C. 113) is amend-
ed by striking paragraph (5) and inserting the following: 
‘‘(5) An Under Secretary of Preparedness and 
Response.’’. 
(b) FUNCTIONS
OF UNDER SECRETARY.—Section 
503 of the Homeland Security Act of 2002 (6 U.S.C. 313) 
is amended— 
(1) in the section heading by striking ‘‘TRANS-
FERRED’’; 
(2) by inserting ‘‘(a) TRANSFERRED FUNC-
TIONS.—’’ before the first sentence; and 
(3) by adding at the end the following: 
‘‘(b) FUNCTIONS
OF
UNDER
SECRETARY.—The 
Under Secretary of Preparedness and Response shall be 
responsible for the following: 
‘‘(1) The Federal Emergency Management 
Agency, and service as the Director of such agency.
‘‘(2) The Chief Medical Officer. 
‘‘(3) The Assistant Secretary for Grants and 
Training. 
‘‘(4) The United States Fire Administration. 
‘‘(5) Functions performed by the Assistant Sec-
retary for Cyber Security and Telecommunications. 
‘‘(6) Functions performed by the Assistant Sec-
retary for Infrastructure Protection. 
‘‘(7) Functions performed by the Director of 
the Office of National Capital Region Coordination. 
‘‘(c) DIRECT REPORTING TO THE PRESIDENT.—Dur-
ing the effective period of an Incident of National Signifi-
cance declared by the Secretary under the National Re-
sponse Plan, the Under Secretary of Preparedness and 
Response shall report directly to the President.’’. 
(c) CONFORMING AMENDMENTS.—The following pro-
visions of the Homeland Security Act of 2002 (6 U.S.C. 
101 et seq.) are each amended by striking ‘‘Under Sec-
retary for Emergency Preparedness and Response’’ each 
place it appears and inserting ‘‘Under Secretary of Pre-
paredness and Response’’: 
(1) Section 223(1)(B) (6 U.S.C. 143(1)(B)). 
(2) Section 223(2) (6 U.S.C. 143(2)). 
(3) Section 501 (6 U.S.C. 311)).
(4) Section 502 (6 U.S.C. 312)). 
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