To establish the Federal Emergency Management Agency as an independent agency, and for other purposes.

SA 4563. Mrs. CLINTON (for herself, Mr. Akaka, Mr. Leahy, Mr.
Jeffords, Mr. Boxer, Mr. Lautenberg, and Ms. Mikulski) submitted an
amendment intended to be proposed by her to the bill H.R. 5441, making
appropriations for the Department of Homeland Security for the fiscal
year ending September 30, 2007, and for other purposes; as follows:

At the end of the bill, add the following:

TITLE VI--FEDERAL EMERGENCY MANAGEMENT AGENCY

Subtitle A--Establishment

SEC. 601. ESTABLISHMENT OF AGENCY AND DIRECTOR AND DEPUTY
DIRECTOR.

(a) Establishment.--The Federal Emergency Management Agency
is established as an independent establishment in the
executive branch as defined under section 104 of title 5,
United States Code.
(b) Director.--
(1) In general.--The Director of the Federal Emergency
Management Agency shall be the head of the Federal Emergency
Management Agency. The Director shall be appointed by the
President, by and with the advice and consent of the Senate.
The Director shall report directly to the President.
(2) Qualifications.--The Director of the Federal Emergency
Management Agency shall have significant experience,
knowledge,

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training, and expertise in the area of emergency
preparedness, response, recovery, and mitigation as related
to natural disasters and other national cataclysmic events.
(3) Executive schedule position.--Section 5312 of title 5,
United States Code, is amended by adding at the end the
following:
``Director of the Federal Emergency Management Agency.''.
(c) Deputy Director.--
(1) In general.--The Deputy Director of the Federal
Emergency Management Agency shall assist the Director of the
Federal Emergency Management Agency. The Deputy Director
shall be appointed by the President, by and with the advice
and consent of the Senate.
(2) Qualifications.--The Deputy Director of the Federal
Emergency Management Agency shall 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.
(3) Executive schedule position.--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.''.

SEC. 602. FUNCTIONS.

(a) In General.--The functions of the Federal Emergency
Management Agency include the following:
(1) All functions and authorities prescribed by the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
(2) Carrying out its mission to reduce the loss of life and
property and protect the Nation from all hazards by leading
and supporting the Nation in a comprehensive, risk-based
emergency management program of--
(A) mitigation, by taking sustained actions to reduce or
eliminate long-term risk to people and property from hazards
and their effects;
(B) planning for building the emergency management
profession to prepare effectively for, mitigate against,
respond to, and recover from any hazard;
(C) response, by conducting emergency operations to save
lives and property through positioning emergency equipment
and supplies, through evacuating potential victims, through
providing food, water, shelter, and medical care to those in
need, and through restoring critical public services;
(D) recovery, by rebuilding communities so individuals,
businesses, and governments can function on their own, return
to normal life, and protect against future hazards; and
(E) increased efficiencies, by coordinating efforts
relating to mitigation, planning, response, and recovery.
(b) National Response Plan.--
(1) Role of fema.--Notwithstanding any provision of the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), the
Federal Emergency Management Agency shall remain the lead
agency for the National Response Plan established under
Executive Order No. 12148 (44 Fed. Reg. 43239) and Executive
Order No. 12656 (53 Fed. Reg. 47491).
(2) Revision of response plan.--Not later than 60 days
after the date of enactment of this Act, the Director of the
Federal Emergency Management Agency shall revise the National
Response Plan to reflect the establishment of the Federal
Emergency Management Agency as an independent establishment
under this Act.
(c) Technical and Conforming Amendments.--
(1) In general.--Section 507 of the Homeland Security Act
of 2002 (6 U.S.C. 317) is repealed.
(2) Other provisions.--The Homeland Security Act of 2002 (6
U.S.C. 101 et seq.) is amended--
(A) in section 430(c)--
(i) in paragraph (7), by adding ``and'' at the end;
(ii) by striking paragraph (8); and
(iii) by redesignating paragraph (9) as paragraph (8); and
(B) in section 503--
(i) by striking paragraph (1); and
(ii) by redesignating paragraphs (2) through (5) as
paragraphs (1) through (4), respectively.
(3) Table of contents.--The table of contents for the
Homeland Security Act of 2002 (6 U.S.C. 101) is amended by
striking the item relating to section 507.

SEC. 603. RULE OF CONSTRUCTION.

Nothing in this title shall be construed to detract from
the Department of Homeland Security's primary mission to
secure the homeland from terrorist attacks.

Subtitle B--Transfer and Savings Provisions

SEC. 611. DEFINITIONS.

In this subtitle, unless otherwise provided or indicated by
the context--
(1) the term ``Federal agency'' has the meaning given to
the term ``agency'' by section 551(1) of title 5, United
States Code;
(2) the term ``function'' means any duty, obligation,
power, authority, responsibility, right, privilege, activity,
or program; and
(3) the term ``office'' includes any office,
administration, agency, institute, unit, organizational
entity, or component thereof.

SEC. 612. TRANSFER OF FUNCTIONS.

There are transferred to the Federal Emergency Management
Agency established under section 601 of this Act all
functions which the Director of the Federal Emergency
Management Agency of the Department of Homeland Security
exercised before the date of the enactment of this title.

SEC. 613. 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. 614. 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. 615. REORGANIZATION.

The Director of the Federal Emergency Management Agency is
authorized to allocate or reallocate any function transferred
under section 612 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. 616. 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. 617. 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. 618. 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. 619. 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

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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. 620. 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. 621. SEPARABILITY.

If a provision of this title or its application to any
person or circumstance is held invalid, neither the remainder
of this title nor the application of the provision to other
persons or circumstances shall be affected.

SEC. 622. TRANSITION.

The Director of the Federal Emergency Management Agency is
authorized to utilize--
(1) the services of such officers, employees, and other
personnel of the Federal Emergency Management Agency with
respect to functions transferred by this title; and
(2) funds appropriated to such functions for such period of
time as may reasonably be needed to facilitate the orderly
implementation of this title.

SEC. 623. 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. 624. ADDITIONAL CONFORMING AMENDMENTS.

(a) 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
title.
(b) 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).
______