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Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Facilitating Access to Speedy 
Transmissions for Networks, E-commerce and Telecommunications (FASTNET) 
Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) The Telecommunications Act of 1996 was enacted to 
        foster the rapid deployment of advanced telecommunications and 
        information technologies and services to all Americans by 
        promoting competition and reducing regulation in 
        telecommunications markets nationwide.
            (2) The Telecommunications Act of 1966 specifically 
        recognized the unique abilities and circumstances of local 
        exchange carriers with fewer than two percent of the Nation's 
        subscriber lines installed in the aggregate nationwide.
            (3) Given the markets two percent carriers typically serve, 
        such carriers are uniquely positioned to accelerate the 
        deployment of advanced services and competitive initiatives for 
        the benefit of consumers in less densely populated regions of 
        the Nation.
            (4) Existing regulations are typically tailored to the 
        circumstances of larger carriers and therefore often impose 
        disproportionate burdens on two percent carriers, impeding such 
        carriers' deployment of advanced telecommunications services 
        and competitive initiatives to consumers in less densely 
        populated regions of the Nation.
            (5) Reducing regulatory burdens on two percent carriers 
        will enable such carriers to devote additional resources to the 
        deployment of advanced services and to competitive initiatives 
        to benefit consumers in less densely populated regions of the 
        Nation.
            (6) Reducing regulatory burdens on two percent carriers 
        will increase such carriers' ability to respond to marketplace 
        conditions, allowing them to accelerate deployment of advanced 
        services and competitive initiatives to benefit consumers in 
        less densely populated regions of the Nation.
    (b) Purposes.--The purposes of this Act are--
            (1) to accelerate the deployment of advanced services and 
        the development of competition in the telecommunications 
        industry for the benefit of consumers in all regions of the 
        Nation, consistent with the Telecommunications Act of 1996, by 
        reducing regulatory burdens on local exchange carriers with 
        fewer than two percent of the Nation's subscriber lines 
        installed in the aggregate nationwide;
            (2) to improve such carriers' flexibility to undertake such 
        initiatives; and
            (3) to allow such carriers to redirect resources from 
        paying the costs of such regulatory burdens to increasing 
        investment in such initiatives.

SEC. 3. DEFINITION.

    Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is 
amended--
            (1) by redesignating paragraphs (51) and (52) as paragraphs 
        (52) and (53), respectively; and
            (2) by inserting after paragraph (50) the following:
            ``(51) Two percent carrier.--The term `two percent carrier' 
        means an incumbent local exchange carrier within the meaning of 
        section 251(h) whose access lines, when aggregated with the 
        access lines of any local exchange carrier that such incumbent 
        local exchange carrier directly or indirectly controls, is 
        controlled by, or is under common control with, are fewer than 
        two percent of the Nation's subscriber lines installed in the 
        aggregate nationwide.''.

SEC. 4. REGULATORY RELIEF FOR TWO PERCENT CARRIERS.

    Title II of the Communications Act of 1934 is amended by adding at 
the end thereof a new part IV as follows:

         ``PART IV--PROVISIONS CONCERNING TWO PERCENT CARRIERS

``SEC. 281. REDUCED REGULATORY REQUIREMENTS FOR TWO PERCENT CARRIERS.

    ``(a) Commission To Take Into Account Differences.--In adopting 
rules that apply to incumbent local exchange carriers (within the 
meaning of section 251(h)), the Commission shall separately evaluate 
the burden that any proposed regulatory, compliance, or reporting 
requirements would have on two percent carriers.
    ``(b) Effect of Commission's Failure To Take Into Account 
Differences.--If the Commission adopts a rule that applies to incumbent 
local exchange carriers and fails to separately evaluate the burden 
that any proposed regulatory, compliance, or reporting requirement 
would have on two percent carriers, the Commission shall not enforce 
the rule against two percent carriers unless and until the Commission 
performs such separate evaluation.
    ``(c) Additional Review Not Required.--Nothing in this section 
shall be construed to require the Commission to conduct a separate 
evaluation under subsection (a) if the rules adopted do not apply to 
two percent carriers, or such carriers are exempted from such rules.
    ``(d) Savings Clause.--Nothing in this section shall be construed 
to prohibit any size-based differentiation among carriers mandated by 
this Act, chapter 6 of title 5, United State Code, the Commission's 
rules, or any other provision of law.
    ``(e) Effective Date.--The provisions of this section shall apply 
with respect to any rule adopted on or after the date of enactment of 
this section.

``SEC. 282. LIMITATION OF REPORTING REQUIREMENTS.

    ``(a) Limitation.--The Commission shall not require a two percent 
carrier--
            ``(1) to file cost allocation manuals or to have such 
        manuals audited or attested, but a two percent carrier that 
        qualifies as a class A carrier shall annually certify to the 
        Commission that the two percent carrier's cost allocation 
        complies with the rules of the Commission; or
            ``(2) to file Automated Reporting and Management 
        Information Systems (ARMIS) reports, except for purposes of 
        section 224.
    ``(b) Preservation of Authority.--Except as provided in subsection 
(a), nothing in this Act limits the authority of the Commission to 
obtain access to information under sections 211, 213, 215, 218, and 220 
with respect to two percent carriers.

``SEC. 283. INTEGRATED OPERATION OF TWO PERCENT CARRIERS.

    ``The Commission shall not require any two percent carrier to 
establish or maintain a separate affiliate to provide any common 
carrier or noncommon carrier services, including local and 
interexchange services, commercial mobile radio services, advanced 
services (within the meaning of section 706 of the Telecommunications 
Act of 1996), paging, Internet, information services or other enhanced 
services, or other services. The Commission shall not require any two 
percent carrier and its affiliates to maintain separate officers, 
directors, or other personnel, network facilities, buildings, research 
and development departments, books of account, financing, marketing, 
provisioning, or other operations.

``SEC. 284. PARTICIPATION IN TARIFF POOLS AND PRICE CAP REGULATION.

    ``(a) NECA Pool.--The participation or withdrawal from 
participation by a two percent carrier of one or more study areas in 
the common line tariff administered and filed by the National Exchange 
Carrier Association or any successor tariff or administrator shall not 
obligate such carrier to participate or withdraw from participation in 
such tariff for any other study area. The Commission may require a two 
percent carrier to give 60 days notice of its intent to participate or 
withdraw from participation in such common line tariff with respect to 
a study area. Except as permitted by section 310(f)(3), a two percent 
carrier's election under this subsection shall be binding for one year 
from the date of the election.
    ``(b) Price Cap Regulation.--A two percent carrier may elect to be 
regulated by the Commission under price cap rate regulation, or elect 
to withdraw from such regulation, for one or more of its study areas. 
The Commission shall not require a carrier making an election under 
this subsection with respect to any study area or areas to make the 
same election for any other study area. Except as permitted by section 
310(f)(3), a two percent carrier's election under this subsection shall 
be binding for one year from the date of the election.

``SEC. 285. DEPLOYMENT OF NEW TELECOMMUNICATIONS SERVICES BY TWO 
              PERCENT COMPANIES.

    ``(a) One-Day Notice of Deployment.--The Commission shall permit 
two percent carriers to introduce new interstate telecommunications 
services by filing a tariff on one day's notice showing the charges, 
classifications, regulations, and practices therefor, without obtaining 
a waiver, or make any other showing before the Commission in advance of 
the tariff filing. The Commission shall not have authority to approve 
or disapprove the rate structure for such services shown in such 
tariff.
    ``(b) Definition.--For purposes of subsection (a), the term `new 
interstate telecommunications service' means a class or subclass of 
service not previously offered by the two percent carrier that enlarges 
the range of service options available to ratepayers of such carrier.

``SEC. 286. ENTRY OF COMPETING CARRIER.

    ``(a) Pricing Flexibility.--Notwithstanding any other provision of 
this Act, any two percent carrier shall be permitted to de-average its 
interstate switched or special access rates, file tariffs on one day's 
notice, and file contract-based tariffs for interstate switched or 
special access services immediately upon certifying to the Commission 
that a telecommunications carrier unaffiliated with such carrier is 
engaged in facilities-based entry within such carrier's service area. A 
two percent carrier subject to rate-of-return regulation with respect 
to an interstate switched or special access service, for which pricing 
flexibility has been exercised pursuant to this subsection, shall 
compute its interstate rate of return based on the nondiscounted rate 
for such service.
    ``(b) Streamlined Pricing Regulation.--Notwithstanding any other 
provision of this Act, upon receipt by the Commission of a 
certification by a two percent carrier that--
            ``(1) a local exchange carrier, or its affiliate, or
            ``(2) a local exchange carrier operated by, or owned in 
        whole or part by, a governmental authority,
is engaged in facilities-based entry within the two percent carrier's 
service area, the Commission shall regulate the two percent carrier as 
non-dominant and shall not require the tariffing of the interstate 
service offerings of the two percent carrier.
    ``(c) Participation in Exchange Carrier Association Tariff.--A two 
percent carrier that meets the requirements of subsection (a) or (b) of 
this section with respect to one or more study areas shall be permitted 
to participate in the common line tariff administered and filed by the 
National Exchange Carrier Association or any successor tariff or 
administrator, by electing to include one or more of its study areas in 
such tariff.
    ``(d) Definitions.--For purposes of this section:
            ``(1) Facilities-based entry.--The term `facilities-based 
        entry' means, within the service area of a two percent 
        carrier--
                    ``(A) the provision or procurement of local 
                telephone exchange switching or its equivalent; and
                    ``(B) the provision of telephone exchange service 
                to at least one unaffiliated customer.
            ``(2) Contract-based tariff.--The term `contract-based 
        tariff' shall mean a tariff based on a service contract entered 
        into between a two percent carrier and one or more customers of 
        such carrier. Such tariff shall include--
                    ``(A) the term of the contract, including any 
                renewal options;
                    ``(B) a brief description of each of the services 
                provided under the contract;
                    ``(C) minimum volume commitments for each service, 
                if any;
                    ``(D) the contract price for each service or 
                services at the volume levels committed to by the 
                customer or customers;
                    ``(E) a brief description of any volume discounts 
                built into the contract rate structure; and
                    ``(F) a general description of any other 
                classifications, practices, and regulations affecting 
                the contract rate.
            ``(3) Service area.--The term `service area' has the same 
        meaning as in section 214(e)(5).

``SEC. 287. SAVINGS PROVISIONS.

    ``(a) Commission Authority.--Nothing in this part shall be 
construed to restrict the authority of the Commission under sections 
201 through 208.
    ``(b) Rural Telephone Company Rights.--Nothing in this part shall 
be construed to diminish the rights of rural telephone companies 
otherwise accorded by this Act, or the rules, policies, procedures, 
guidelines, and standards of the Commission as of the date of enactment 
of this section.
    ``(c) State Authority.--Nothing in this part shall be construed to 
limit or affect any authority (as of August 1, 2001) of the States over 
charges, classifications, practices, services, facilities, or 
regulations for or in connection with intrastate communications service 
by wire or radio of any carrier.''.

SEC. 5. LIMITATION ON MERGER REVIEW.

    (a) Amendment.--Section 310 of the Communications Act of 1934 (47 
U.S.C. 310) is amended by adding at the end the following:
    ``(f) Deadline for Making Public Interest Determination.--
            ``(1) Time limit.--In connection with any merger between 
        two percent carriers, or the acquisition, directly or 
        indirectly, by a two percent carrier or its affiliate of 
        securities or assets of another carrier or its affiliate, if 
the merged or acquiring carrier remains a two percent carrier after the 
merger or acquisition, the Commission shall make any determinations 
required by this section and section 214, and shall rule on any 
petition for waiver of the Commission's rules or other request related 
to such determinations, not later than 60 days after the date an 
application with respect to such merger or acquisition is submitted to 
the Commission.
            ``(2) Approval absent action.--If the Commission does not 
        approve or deny an application as described in paragraph (1) by 
        the end of the period specified, the application shall be 
        deemed approved on the day after the end of such period. Any 
        such application deemed approved under this subsection shall be 
        deemed approved without conditions.
            ``(3) Election permitted.--The Commission shall permit a 
        two percent carrier to make an election pursuant to section 284 
        with respect to any local exchange facilities acquired as a 
        result of a merger or acquisition that is subject to the review 
        deadline established in paragraph (1) of this subsection.''.
    (b) Effective Date.--The provisions of this section shall apply 
with respect to any application that is submitted to the Commission on 
or after the date of enactment of this Act. Applications pending with 
the Commission on the date of enactment of this Act shall be subject to 
the requirements of this section as if they had been filed with the 
Commission on the date of enactment of this Act.

SEC. 6. TIME LIMITS FOR ACTION ON PETITIONS FOR RECONSIDERATION OR 
              WAIVER.

    (a) Amendment.--Section 405 of the Communications Act of 1934 (47 
U.S.C. 405) is amended by adding to the end the following:
    ``(c) Expedited Action Required.--
            ``(1) Time limit.--Within 90 days after receiving from a 
        two percent carrier a petition for reconsideration or other 
        review filed under this section or a petition for waiver of a 
        rule, policy, or other Commission requirement, the Commission 
        shall issue an order granting or denying such petition. If the 
        Commission fails to act on a petition for waiver subject to the 
        requirements of this section within this 90-day period, the 
        relief sought in such petition shall be deemed granted. If the 
        Commission fails to act on a petition for reconsideration or 
        other review subject to the requirements of this section within 
        such 90-day period, the Commission's enforcement of any rule 
        the reconsideration or other review of which was specifically 
        sought by the petitioning party shall be stayed with respect to 
        that party until the Commission issues an order granting or 
        denying such petition.
            ``(2) Finality of action.--Any order issued under paragraph 
        (1), or any grant of a petition for waiver that is deemed to 
        occur as a result of the Commission's failure to act under 
        paragraph (1), shall be a final order and may be appealed.''.
    (b) Effective Date.--The provisions of this section shall apply 
with respect to any petition for reconsideration or other review or 
petition for waiver that is submitted to the Commission on or after the 
date of enactment of this Act. Petitions for reconsideration or 
petitions for waiver pending with the Commission on the date of 
enactment of this Act shall be subject to the requirements of this 
section as if they had been filed on the date of enactment of this Act.

SEC. 7. NATIONAL SECURITY AND LAW ENFORCEMENT EXCEPTIONS.

    Notwithstanding sections 310 and 405 of the Communications Act of 
1934 (47 U.S.C. 310 and 405), the 60-day time period under section 
310(f)(1) of that Act, as added by section 5 of this Act, and the 90-
day time period under section 405(c)(1) of that Act, as added by 
section 6 of this Act, shall not apply to a petition or application 
under section 310 or 405 if an Executive Branch agency with cognizance 
over national security, law enforcement, or public safety matters, 
including the Department of Defense, Department of Justice, and the 
Federal Bureau of Investigation, submits a written filing to the 
Federal Communications Commission advising the Commission that the 
petition or application may present national security, law enforcement, 
or public safety concerns that may not be resolved within the 60-day or 
90-day time period, respectively.

A: Facilitating Access to Speedy Transmissions for Networks, E-commerce and Telecommunications (FASTNET) Act - Amends the Communications Act of 1934 to define a "two percent carrier" (carrier) as an incumbent local exchange carrier whose access lines, when combined with the access lines of any other carrier that such carrier controls, are fewer than two percent of the subscriber lines installed in the aggregate nationwide.Directs the Federal Communications Commission (FCC), in adopting rules that apply to such carriers, to separately evaluate the burden that any proposed regulatory, compliance, or reporting requirements would have on such carriers. Prohibits the FCC from requiring such carriers to: (1) file cost allocation manuals or Automated Reporting and Management Information Systems reports; or (2) establish or maintain a separate affiliate to provide any common carrier or noncommon carrier services.Limits carrier participation in tariff pools and price cap regulation.Requires the FCC to permit such carriers to introduce new interstate telecommunications services by filing a tariff on one day's notice.Allows such carriers to de-average its interstate switched or special access rates, file tariffs on one day's notice, and file contract-based tariffs for switched or special access services upon certifying that a telecommunications carrier unaffiliated with such carrier is engaged in facilities-based entry within such carrier's service area. Limits FCC carrier merger review authority. Provides time limits for FCC action on petitions for reconsideration or waiver of a rule, policy, or requirement.
****
Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Government Shutdowns Act''.

SEC. 2. AUTOMATIC CONTINUATION OF FEDERAL FUNDING.

    (a) In General.--If, as a result of a failure to enact a regular or 
continuing appropriation Act or joint resolution, there is a lapse in 
appropriations for any projects or activities of the Federal Government 
that were conducted in the previous fiscal year, and for which 
appropriations, funds, or other authority were made available in such 
fiscal year, there is appropriated, out of any money in the Treasury 
not otherwise appropriated, and out of applicable corporate or other 
revenues, receipts, and funds, such amounts as may be necessary for 
continuing such projects or activities (including the costs of direct 
loans and loan guarantees), at the current rate for operations and 
under the authority and conditions provided in the applicable 
appropriation Act or Acts that provided funds for the project or 
activity for the previous fiscal year.
    (b) Continuation Period.--Appropriations and funds made available 
and authority granted for a project or activity pursuant to this Act 
shall be available until whichever of the following first occurs:
            (1) the enactment into law of an appropriation for such 
        project or activity;
            (2) the enactment into law of the applicable appropriation 
        Act for such fiscal year without any provision for such project 
        or activity; or
            (3) the last day of the fiscal year for which such 
        appropriations and funds are made available or such authority 
        is granted for such project or activity pursuant to subsection 
        (a).

SEC. 3. AVAILABILITY OF FUNDS.

    (a) Extent and Manner.--Appropriations made by section 2(a) shall 
be available to the extent and in the manner that would be provided by 
the applicable appropriation Act.
    (b) Coverage.--Appropriations made and authority granted pursuant 
to this Act shall cover all obligations or expenditures incurred for 
any project or activity during the period for which funds or authority 
for such project or activity are available under this Act.

SEC. 4. USE OF FUNDS.

    (a) No New Starts.--No appropriation or funds made available or 
authority granted pursuant to section 2(a) shall be used to initiate or 
resume any project or activity for which appropriations, funds, or 
other authority were not available during the previous fiscal year.
    (b) Apportionment Timing.--Appropriations made and funds made 
available by or authority granted pursuant to this Act may be used 
without regard to the time limitations for submission and approval of 
apportionments set forth in section 1513 of title 31, United States 
Code, but nothing in this Act may be construed to waive any other 
provision of law governing the apportionment of funds.
    (c) High Rates for Operation.--Notwithstanding any other provision 
of this Act, except section 2(b), for those programs that would 
otherwise have high rates for operation or complete distribution of 
appropriations in the period for which appropriations for such programs 
are made available under this Act because of distributions of funding 
to States, foreign countries, grantees, or others, such high initial 
rates for operation or complete distribution shall not be made, and no 
grants shall be awarded for such programs funded by this Act that would 
impinge on final funding prerogatives.
    (d) Limited Funding Actions.--This Act shall be implemented so that 
only the most limited funding action of that permitted in the Act shall 
be taken in order to provide for continuation of projects and 
activities.
    (e) Prevention of Furloughs.--Amounts made available under section 
2(a) for civilian personnel compensation and benefits in each 
department and agency may be apportioned up to the rate for operations 
necessary to avoid furloughs within such department or agency, 
consistent with the applicable appropriation Act for the previous 
fiscal year, except that such authority provided under this section 
shall not be used until after the department or agency has taken all 
necessary actions to reduce or defer non-personnel-related 
administrative expenses.
    (f) Pay for Members of the Armed Forces.--During a period in which 
appropriations are made available under this Act for the pay of members 
of the Armed Forces, the rate of pay for such members shall not be 
decreased by reason of this Act.
    (g) Application of Certain Authorization Requirements.--Funds 
appropriated by this Act may be obligated and expended notwithstanding 
section 10 of Public Law 91-672 (22 U.S.C. 2412), section 15 of the 
State Department Basic Authorities Act of 1956 (22 U.S.C. 2680), 
section 313 of the Foreign Relations Authorization Act, Fiscal Years 
1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1) of the National 
Security Act of 1947 (50 U.S.C. 414(a)(1)).

SEC. 5. ADJUSTMENT OF ACCOUNTS.

    Expenditures made pursuant to this Act shall be charged to the 
applicable appropriation, fund, or authorization whenever a bill in 
which such applicable appropriation, fund, or authorization is 
contained is enacted into law.

SEC. 6. ENTITLEMENTS AND OTHER MANDATORY PROGRAMS.

    (a) For entitlements and other mandatory payments whose budget 
authority was provided in previous appropriation Acts, and for 
activities under the Food and Nutrition Act of 2008, activities shall 
be continued at the rate to maintain program levels under current law, 
under the authority and conditions provided in the applicable 
appropriation Act for the previous fiscal year, to be continued through 
the date on which appropriations for such programs under this Act 
expire (as specified in section 2(b)).
    (b) Notwithstanding section 2(b)(3), obligations for mandatory 
payments due on or about the first day of any month that begins after 
the first month in which appropriations for such programs are made 
under this Act but not later than 30 days after the date on which 
appropriations for such programs under this Act expire (as specified in 
section 2(b)(3)) may continue to be made, and funds shall be available 
for such payments.

A: Stop Government Shutdowns Act - Appropriates amounts for continuing federal projects and activities at the current rate for operations and under the authority and conditions provided in the applicable appropriation Act or Acts that provided funds for them for the previous fiscal year if, as a result of a failure to enact a regular or continuing appropriation Act or joint resolution, there is a lapse in appropriations for such projects or activities.

 Makes appropriations, funds, and authority granted in this Act available until the earliest of: (1) the enactment into law of an appropriation for the project or activity concerned, (2) the enactment into law of the applicable appropriation Act for such fiscal year without any provision for such project or activity, or (3) the last day of the fiscal year for which such appropriations and funds are made available or such authority is granted for such project or activity.

Prohibits appropriations or funds made available or authority granted pursuant to this Act from being used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during the previous fiscal year.

Authorizes the use of appropriations or funds made available or authority granted without regard to specified time limitations for submission and approval of apportionments requirements; but declares that nothing in this Act may be construed to waive any other provision of law governing the apportionment of funds.

Prescribes requirements for: (1) denial of high rates for operation or complete distribution of appropriations in the lapsed-appropriations period, (2) the most limited funding action for continuation of projects and activities, and (3) apportionment of funds for civilian personnel compensation and benefits as necessary to avoid furloughs. Prohibits any decrease in the pay for members of the Armed Forces during a lapsed-appropriations period.

Requires expenditures made pursuant to this Act to be charged to the applicable appropriation, fund, or authorization whenever an appropriations bill is subsequently enacted into law.

Continues at a specified maintenance rate, through the date on which appropriations for such programs under this Act expires, certain activities with respect to entitlements and other mandatory payments whose budget authority was provided in previous appropriations Acts, as well as for activities under the Food and Nutrition Act of 2008.
****
Q: 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 President, by and with the advice 
        and consent of the Senate, and who shall report directly to the 
        President. The Director of the Federal Emergency Management 
        Agency shall be compensated at the rate provided 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 Federal 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 Schedule under 
        section 5313 of title 5, United States Code.
            (2) Qualifications.--The Deputy Director shall be appointed 
        from among persons who have extensive background in disaster 
        response and disaster preparedness.
            (3) Responsibilities.--Subject to the direction and control 
        of the Director of the Federal Emergency Management Agency, the 
        Deputy Director shall have primary responsibility within the 
        Agency for natural disasters and non-natural disasters, 
        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 Federal 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 
        Emergency Management Agency; and
            (2) the functions of the Department of Homeland Security 
        under sections 502 (other than paragraph (2)) and 503(2) of the 
        Homeland Security Act of 2002 (6 U.S.C. 312, 313), and the 
        personnel, assets, 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, including 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 investigators, 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 compensation 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 
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 
of the Federal Emergency Management Agency may pay experts and 
consultants 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.

SEC. 204. DELEGATION AND ASSIGNMENT.

    Except where otherwise expressly prohibited by law or otherwise 
provided by this title, the Director of the Federal 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 Director may designate, and 
may authorize successive redelegations of such functions as may be 
necessary or appropriate. No delegation of functions by the Director of 
the Federal Emergency Management Agency under this section 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 establish, 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 determines necessary or appropriate to administer and 
manage the functions of the Federal Emergency Management Agency.

SEC. 207. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.

    Except as otherwise provided in this title, the personnel employed 
in connection with, and the assets, liabilities, contracts, property, 
records, and unexpended balances of appropriations, authorizations, 
allocations, and other funds employed, used, held, arising from, 
available to, or to be made available in connection with the functions 
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 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 this title, and to make such additional incidental 
dispositions of personnel, assets, liabilities, 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 
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 
necessary 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 transfer 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 position compensated in accordance with the 
Executive Schedule 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 immediately 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, registrations, 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 functions 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 authorized official, a court of competent jurisdiction, or by 
operation of law.
    (b) Proceedings not Affected.--The provisions of this title shall 
not affect any proceedings, including notices 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 transferred 
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 
competent 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 individual 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 Promulgation of 
Regulations.--Any administrative action relating to the preparation or 
promulgation of a regulation by the Federal Emergency Management Agency 
relating 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 office 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 department, 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 Homeland 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 Management 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 consultation with the 
        appropriate committees of the Congress and the Director of the 
        Office of Management and Budget, the Director of the Federal 
        Emergency Management Agency shall prepare and submit to 
        Congress recommended legislation containing technical and 
        conforming amendments to reflect the changes made by this Act.
            (2) Submission to congress.--Not later than 6 months after 
        the effective date of this title, the Director of the Federal 
        Emergency Management Agency shall submit the recommended 
        legislation referred to under subsection (a).

SEC. 213. LIMITATION ON STATUTORY CONSTRUCTION.

    Nothing in this Act shall be construed to limit the primary mission 
of the Department of Homeland Security set forth in subparagraphs (A), 
(B), (E), (F), (G), and (H) of section 101(b) of the Homeland Security 
Act of 2002 (6 U.S.C. 111(b)).

A:
National Emergency Management Restoration and Improvement Act - Establishes the Federal Emergency Management Agency (FEMA) as an independent establishment in the executive branch.

Requires the FEMA Director to be appointed, by the President, by and with the advice and consent of the Senate, from among persons who have significant expertise in the area of emergency preparedness, response, recovery, and mitigation as related to natural disasters and other national cataclysmic events.
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