S 2214
110th CONGRESS
1st Session
S. 2214
To establish the Federal Emergency Management Agency as an
independent agency, and for other purposes.
IN THE SENATE OF THE UNITED STATES
October 22, 2007
Mr. INHOFE introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
A BILL
To establish the Federal Emergency Management Agency as an
independent agency, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Federal Emergency Management Advancement
Act of 2007' or the `FEMA Act'.
TITLE I--FEDERAL EMERGENCY MANAGEMENT AGENCY
SEC. 101. DEFINITIONS.
(1) the term `catastrophic incident' means any natural disaster, act
of terrorism, or other man-made disaster that results in extraordinary
levels of casualties or damage or disruption severely affecting the
population (including mass evacuations), infrastructure, environment,
economy, national morale, or government functions in an area;
(2) the term `Director' means the Director of the Federal Emergency
Management Agency;
(3) the term `Federal coordinating officer' means a Federal coordinating
officer as described in section 302 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5143);
(4) the term `interoperable' has the meaning given the term `interoperable
communications' under section 7303(g)(1) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)(1));
(5) the term `National Advisory Council' means the National Advisory
Council established under section 508 of the Homeland Security Act
of 2002;
(6) the term `National Incident Management System' means a system
to enable effective, efficient, and collaborative incident management;
(7) the term `National Response Plan' means the National Response
Plan or any successor plan prepared under section 104(b)(6);
(8) the term `Nuclear Incident Response Team' means a resource that
includes--
(A) those entities of the Department of Energy that perform nuclear
or radiological emergency support functions (including accident
response, search response, advisory, and technical operations functions),
radiation exposure functions at the medical assistance facility
known as the Radiation Emergency Assistance Center/Training Site
(REAC/TS), radiological assistance functions, and related functions;
and
(B) those entities of the Environmental Protection Agency that perform
such support functions (including radiological emergency response
functions) and related functions; and
(9) the term `tribal government' means the government of any entity
described under section 2(10)(B) of the Homeland Security Act of 2002
(6 U.S.C. 101(10)(B)).
SEC. 102. 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.
(1) IN GENERAL- The Director 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 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 5312 of title 5, United States
Code, is amended by adding at the end the following:
`Director of the Federal Emergency Management Agency.'.
(4) PRINCIPAL ADVISOR ON EMERGENCY MANAGEMENT-
(A) IN GENERAL- The Director is the principal advisor to the President,
the Homeland Security Council, and the Secretary of Homeland Security
for all matters relating to emergency management in the United States.
(B) ADVICE AND RECOMMENDATIONS-
(i) IN GENERAL- In presenting advice with respect to any matter
to the President, the Homeland Security Council, or the Secretary
of Homeland Security, the Director shall, as the Director considers
appropriate, inform the President, the Homeland Security Council,
or the Secretary, as the case may be, of the range of emergency
preparedness, protection, response, recovery, and mitigation options
with respect to that matter.
(ii) ADVICE ON REQUEST- The Director, as the principal advisor
on emergency management, shall provide advice to the President,
the Homeland Security Council, or the Secretary of Homeland Security
on a particular matter when the President, the Homeland Security
Council, or the Secretary requests such advice.
(iii) RECOMMENDATIONS TO CONGRESS- After informing the President,
the Director may make such recommendations to Congress relating
to emergency management as the Director considers appropriate.
(5) CABINET STATUS- The President shall designate the Administrator
to serve as a member of the Cabinet in the event of natural disasters,
acts of terrorism, or other man-made disasters.
(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--
(A) by striking the following:
`Administrator of the Federal Emergency Management Agency.';
(B) by adding at the end the following:
`Deputy Director of the Federal Emergency Management Agency.'.
SEC. 103. MISSION.
(a) Primary Mission- The primary mission of the Federal Emergency Management
Agency is to reduce the loss of life and property and protect the Nation
from all hazards, including natural disasters, acts of terrorism, and
other man-made disasters, by leading and supporting the Nation in a
risk-based, comprehensive emergency management system of preparedness,
protection, response, recovery, and mitigation.
(b) Specific Activities- In support of the primary mission of the Federal
Emergency Management Agency, the Director shall--
(1) lead the Nation's efforts to prepare for, protect against, respond
to, recover from, and mitigate against the risk of natural disasters,
acts of terrorism, and other man-made disasters, including catastrophic
incidents;
(2) partner with State, local, and tribal governments and emergency
response providers, with other Federal agencies, with the private
sector, and with nongovernmental organizations to build a national
system of emergency management that can effectively and efficiently
utilize the full measure of the Nation's resources to respond to natural
disasters, acts of terrorism, and other man-made disasters, including
catastrophic incidents;
(3) develop a Federal response capability that, when necessary and
appropriate, can act effectively and rapidly to deliver assistance
essential to saving lives or protecting or preserving property or
public health and safety in a natural disaster, act of terrorism,
or other man-made disaster;
(4) integrate the Federal Emergency Management Agency's emergency
preparedness, protection, response, recovery, and mitigation responsibilities
to confront effectively the challenges of a natural disaster, act
of terrorism, or other man-made disaster;
(5) develop and maintain robust Regional Offices that will work with
State, local, and tribal governments, emergency response providers,
and other appropriate entities to identify and address regional priorities;
(6) coordinate with the Secretary of Homeland Security, the Commandant
of the Coast Guard, the Director of Customs and Border Protection,
the Director of Immigration and Customs Enforcement, the National
Operations Center, and other agencies and offices in the Department
of Homeland Security to take full advantage of the substantial range
of resources in that Department;
(7) coordinate with the Administrator of the Small Business Administration,
the Chief of Engineers of the United States Army Corps of Engineers,
and the Secretary of Housing and Urban Development to take full advantage
of the resources of those departments and agencies;
(8) provide funding, training, exercises, technical assistance, planning,
and other assistance to build tribal, local, State, regional, and
national capabilities (including communications capabilities), necessary
to respond to a natural disaster, act of terrorism, or other man-made
disaster; and
(9) develop and coordinate the implementation of a risk-based, all-hazards
strategy for preparedness that builds those common capabilities necessary
to respond to natural disasters, acts of terrorism, and other man-made
disasters while also building the unique capabilities necessary to
respond to specific types of incidents that pose the greatest risk
to our Nation.
SEC. 104. AUTHORITY AND RESPONSIBILITIES.
(a) In General- The Director shall provide Federal leadership necessary
to prepare for, protect against, respond to, recover from, or mitigate
against a natural disaster, act of terrorism, or other man-made disaster,
including--
(1) helping to ensure the effectiveness of emergency response providers
to terrorist attacks, major disasters, and other emergencies;
(2) with respect to the Nuclear Incident Response Team, regardless
of whether it is operating as an organizational unit of the Department
of Homeland Security, and in consultation with the Secretary of Homeland
Security--
(A) establishing standards and certifying when those standards have
been met;
(B) conducting joint and other exercises and training and evaluating
performance; and
(C) providing funds to the Department of Energy and the Environmental
Protection Agency, as appropriate, for homeland security planning,
exercises and training, and equipment;
(3) providing the Federal Government's response to terrorist attacks
and major disasters, including--
(A) managing such response;
(B) directing the Domestic Emergency Support Team, the National
Disaster Medical System, and, in consultation with the Secretary
of Homeland Security, the Nuclear Incident Response Team (when that
team is operating as an organizational unit of the Department of
Homeland Security);
(C) overseeing the Metropolitan Medical Response System; and
(D) coordinating other Federal response resources, including requiring
deployment of the Strategic National Stockpile, in the event of
a terrorist attack or major disaster;
(4) aiding the recovery from terrorist attacks and major disasters;
(5) building a comprehensive national incident management system with
Federal, State, and local government personnel, agencies, and authorities,
to respond to such attacks and disasters;
(6) consolidating existing Federal Government emergency response plans
into a single, coordinated national response plan;
(7) helping ensure the acquisition of operable and interoperable communications
capabilities by Federal, State, local, and tribal governments and
emergency response providers;
(8) assisting the President in carrying out the functions under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) and carrying out all functions and authorities
given to the Director under that Act;
(9) carrying out the mission of the Federal Emergency Management Agency
to reduce the loss of life and property and protect the Nation from
all hazards by leading and supporting the Nation in a risk-based,
comprehensive emergency management system of--
(A) mitigation, by taking sustained actions to reduce or eliminate
long-term risks to people and property from hazards and their effects;
(B) preparedness, by planning, training, and 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, personnel, and
supplies, through evacuating potential victims, through providing
food, water, shelter, and medical care to those in need, and through
restoring critical public services; and
(D) recovery, by rebuilding communities so individuals, businesses,
and governments can function on their own, return to normal life,
and protect against future hazards;
(10) increasing efficiencies, by coordinating efforts relating to
preparedness, protection, response, recovery, and mitigation;
(11) helping to ensure the effectiveness of emergency response providers
in responding to a natural disaster, act of terrorism, or other man-made
disaster;
(12) supervising grant programs administered by the Federal Emergency
Management Agency;
(13) administering and ensuring the implementation of the National
Response Plan, including coordinating and ensuring the readiness of
each emergency support function under the National Response Plan;
(14) coordinating with the National Advisory Council;
(15) preparing and implementing the plans and programs of the Federal
Government for--
(A) continuity of operations;
(B) continuity of government; and
(16) minimizing, to the extent practicable, overlapping planning and
reporting requirements applicable to State, local, and tribal governments
and the private sector;
(17) maintaining and operating within the Federal Emergency Management
Agency the National Response Coordination Center or its successor;
(18) developing a national emergency management system that is capable
of preparing for, protecting against, responding to, recovering from,
and mitigating against catastrophic incidents;
(19) assisting the President in carrying out the functions under the
national preparedness goal and the national preparedness system and
carrying out all functions and authorities of the Director under the
national preparedness System;
(20) carrying out all authorities of the Federal Emergency Management
Agency; and
(21) otherwise carrying out the mission of the Federal Emergency Management
Agency as described in section 103.
(b) All-Hazards Approach- In carrying out the responsibilities under
this section, the Director shall coordinate the implementation of a
risk-based, all-hazards strategy that builds those common capabilities
necessary to prepare for, protect against, respond to, recover from,
or mitigate against natural disasters, acts of terrorism, and other
man-made disasters, while also building the unique capabilities necessary
to prepare for, protect against, respond to, recover from, or mitigate
against the risks of specific types of incidents that pose the greatest
risk to the Nation.
(c) Conflict of Authorities- If the Director determines that there is
a conflict between any authority of the Director under this Act, the
amendments made by this Act, or the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and any authority
of another Federal officer, the Director shall request that the President
make such determinations as may be necessary regarding such authorities.
SEC. 105. REGIONAL OFFICES.
(a) In General- There are in the Federal Emergency Management Agency
10 regional offices, as identified by the Director.
(b) Management of Regional Offices-
(1) REGIONAL ADMINISTRATOR- Each Regional Office shall be headed by
a Regional Administrator who shall be appointed by the Director, after
consulting with State, local, and tribal government officials in the
region. Each Regional Administrator shall report directly to the Director
and be in the Senior Executive Service.
(A) IN GENERAL- Each Regional Administrator shall be appointed from
among individuals who have a demonstrated ability in and knowledge
of emergency management and homeland security.
(B) CONSIDERATIONS- In selecting a Regional Administrator for a
Regional Office, the Director shall consider the familiarity of
an individual with the geographical area and demographic characteristics
of the population served by such Regional Office.
(1) IN GENERAL- The Regional Administrator shall work in partnership
with State, local, and tribal governments, emergency managers, emergency
response providers, medical providers, the private sector, nongovernmental
organizations, multijurisdictional councils of governments, and regional
planning commissions and organizations in the geographical area served
by the Regional Office to carry out the responsibilities of a Regional
Administrator under this section.
(2) RESPONSIBILITIES- The responsibilities of a Regional Administrator
include--
(A) ensuring effective, coordinated, and integrated regional preparedness,
protection, response, recovery, and mitigation activities and programs
for natural disasters, acts of terrorism, and other man-made disasters
(including planning, training, exercises, and professional development);
(B) assisting in the development of regional capabilities needed
for a national catastrophic response system;
(C) coordinating the establishment of effective regional operable
and interoperable emergency communications capabilities;
(D) staffing and overseeing 1 or more strike teams within the region
under subsection (f), to serve as the focal point of the Federal
Government's initial response efforts for natural disasters, acts
of terrorism, and other man-made disasters within that region, and
otherwise building Federal response capabilities to respond to natural
disasters, acts of terrorism, and other man-made disasters within
that region;
(E) designating an individual responsible for the development of
strategic and operational regional plans in support of the National
Response Plan;
(F) fostering the development of mutual aid and other cooperative
agreements;
(G) identifying critical gaps in regional capabilities to respond
to populations with special needs;
(H) maintaining and operating a Regional Response Coordination Center
or its successor; and
(I) performing such other duties relating to such responsibilities
as the Director may require.
(3) TRAINING AND EXERCISE REQUIREMENTS-
(A) TRAINING- The Director shall require each Regional Administrator
to undergo specific training periodically to complement the qualifications
of the Regional Administrator. Such training, as appropriate, shall
include training with respect to the National Incident Management
System, the National Response Plan, and such other subjects as determined
by the Director.
(B) EXERCISES- The Director shall require each Regional Administrator
to participate as appropriate in regional and national exercises.
(d) Area Offices- The Director shall establish Area Offices as components
in the appropriate Regional Office, as determined appropriate by the
Director.
(e) Regional Advisory Council-
(1) ESTABLISHMENT- Each Regional Administrator shall establish a Regional
Advisory Council.
(2) NOMINATIONS- A State, local, or tribal government located within
the geographic area served by the Regional Office may nominate officials,
including Adjutants General and emergency managers, to serve as members
of the Regional Advisory Council for that region.
(3) RESPONSIBILITIES- Each Regional Advisory Council shall--
(A) advise the Regional Administrator on emergency management issues
specific to that region;
(B) identify any geographic, demographic, or other characteristics
peculiar to any State, local, or tribal government within the region
that might make preparedness, protection, response, recovery, or
mitigation more complicated or difficult; and
(C) advise the Regional Administrator of any weaknesses or deficiencies
in preparedness, protection, response, recovery, and mitigation
for any State, local, and tribal government within the region of
which the Regional Advisory Council is aware.
(f) Regional Office Strike Teams-
(1) IN GENERAL- In coordination with other relevant Federal agencies,
each Regional Administrator shall oversee multi-agency strike teams
authorized under section 303 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5144) that shall consist of--
(A) a designated Federal coordinating officer;
(B) personnel trained in incident management;
(C) public affairs, response and recovery, and communications support
personnel;
(D) a defense coordinating officer;
(E) liaisons to other Federal agencies;
(F) such other personnel as the Director or Regional Administrator
determines appropriate; and
(G) individuals from the agencies with primary responsibility for
each of the emergency support functions in the National Response
Plan.
(2) OTHER DUTIES- The duties of an individual assigned to a Regional
Office strike team from another relevant agency when such individual
is not functioning as a member of the strike team shall be consistent
with the emergency preparedness activities of the agency that employs
such individual.
(3) LOCATION OF MEMBERS- The members of each Regional Office strike
team, including representatives from agencies other than the Department,
shall be based primarily within the region that corresponds to that
strike team.
(4) COORDINATION- Each Regional Office strike team shall coordinate
the training and exercises of that strike team with the State, local,
and tribal governments and private sector and nongovernmental entities
which the strike team shall support when a natural disaster, act of
terrorism, or other man-made disaster occurs.
(5) PREPAREDNESS- Each Regional Office strike team shall be trained
as a unit on a regular basis and equipped and staffed to be well prepared
to respond to natural disasters, acts of terrorism, and other man-made
disasters, including catastrophic incidents.
(6) AUTHORITIES- If the Director determines that statutory authority
is inadequate for the preparedness and deployment of individuals in
strike teams under this subsection, the Director shall report to Congress
regarding the additional statutory authorities that the Director determines
are necessary.
SEC. 106. NATIONAL RESPONSE PLAN.
(a) In General- The Director shall--
(1) in consultation with other Federal departments and agencies and
the National Advisory Council, ensure ongoing management and maintenance
of the National Incident Management System, the National Response
Plan, and any successor to such system or plan; and
(2) periodically review and report to Congress on the integration
of Federal authorities to ensure effective response to address response
responsibilities and capabilities in the event of a catastrophic incident.
(1) IN GENERAL- The Director, in consultation with the Secretary of
Homeland Security, shall ensure that the National Response Plan provides
for a clear chain of command to lead and coordinate the Federal response
to any natural disaster, act of terrorism, or other man-made disaster.
(2) DIRECTOR OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY- The chain
of the command specified in the National Response Plan shall--
(A) provide for a role for the Director consistent with the role
of the Director under this Act and the amendments made by this Act;
and
(B) provide for a role for the Federal Coordinating Officer consistent
with the responsibilities under section 302(b) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5143(b)).
(3) PRINCIPAL FEDERAL OFFICIAL- The Principal Federal Official (or
the successor thereto) shall not--
(A) direct or replace the incident command structure established
at the incident; or
(B) have directive authority over the Senior Federal Law Enforcement
Official, Federal Coordinating Officer, or other Federal and State
officials.
SEC. 107. CREDENTIALING AND TYPING.
The Director shall enter into a memorandum of understanding with the
administrators of the Emergency Management Assistance Compact, State,
local, and tribal governments, and organizations that represent emergency
response providers, to collaborate on developing standards for deployment
capabilities, including credentialing of personnel and typing of resources
likely needed to respond to natural disasters, acts of terrorism, and
other man-made disasters.
SEC. 108. FEDERAL AND STATE COOPERATION FOR DISASTER INCIDENT PERIODS.
In determining the duration of a major disaster or emergency (as those
terms are defined in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122)) or other incident,
and in establishing the period for public or individual assistance or
other disaster relief assistance for which a State or local government
or individual may be eligible, the Director shall defer to weather reports
and other substantiating documentation submitted by a State.
SEC. 109. NATIONAL OPERATIONS CENTER.
(a) Definition- In this section, the term `situational awareness' means
information gathered from a variety of sources that, when communicated
to emergency managers and decision makers, can form the basis for incident
management decisionmaking.
(b) Establishment- The National Operations Center is the principal operations
center for the Federal Emergency Management Agency and shall--
(1) provide situational awareness and a common operating picture for
the entire Federal Government, and for State, local, and tribal governments
as appropriate, in the event of a natural disaster, act of terrorism,
or other man-made disaster; and
(2) ensure that critical terrorism and disaster-related information
reaches government decision-makers.
SEC. 110. GRANT PROGRAMS.
(a) In General- Title XX of the Homeland Security Act of 2002 (6 U.S.C.
601 et seq.) is amended--
(i) in the paragraph heading, by striking `ADMINISTRATOR' and
inserting `DIRECTOR'; and
(ii) by striking `Administrator' each place that term appears
and inserting `Director';
(B) in paragraph (4)(A)(iv), by striking `Secretary' and inserting
`Director'; and
(C) in paragraph (12), by striking `Secretary' each place that term
appears and inserting `Director';
(2) in section 2002(a), by striking `The Secretary, through the Administrator,'
and inserting `The Director';
(A) by striking `Administrator' each place that term appears and
inserting `Director'; and
(B) by striking `Department' each place that term appears and inserting
`Federal Emergency Management Agency';
(4) in section 2004, by striking `Administrator' each place that term
appears and inserting `Director';
(A) by striking `Administrator' each place that term appears and
inserting `Director'; and
(B) by striking `Department' each place that term appears and inserting
`Federal Emergency Management Agency';
(6) in section 2006, by striking `Administrator' each place that term
appears and inserting `Director';
(A) by striking `Administrator' each place that term appears and
inserting `Director'; and
(B) in subsection (a)(1)(E), by striking `Department' and inserting
`Federal Emergency Management Agency';
(8) in 2008, by striking `Administrator' each place that term appears
and inserting `Director';
(A) in subsection (a), by striking `Administrator' and inserting
`Director';
(B) in subsection (c)(1), by striking `(acting through the Administrator)'
and inserting `, the Director'; and
(C) by striking `Department' each place that term appears and inserting
`Federal Emergency Management Agency'; and
(A) by striking `Administrator' each place that term appears and
inserting `Director';
(B) by striking `Department' each place that term appears and inserting
`Federal Emergency Management Agency';
(C) in subsection (a)(3)(F), in the subparagraph heading, by striking
`ADMINISTRATOR' and inserting `DIRECTOR'; and
(D) in subsection (c), in the subsection heading, by striking `Administrator'
and inserting `Director'.
(b) Other Grant Programs-
(1) EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM- Section 662 of
the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C.
762) is amended by striking `Administrator' each place that term appears
and inserting `Director'.
(2) INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM- Section
1809 of the Homeland Security Act of 2002 (6 U.S.C. 579) is amended--
(A) in subsection (a), by striking `Secretary' and inserting `Director
of the Federal Emergency Management Agency';
(B) in subsection (b), by striking `Director for Emergency Communications'
and inserting `Director of the Federal Emergency Management Agency';
(C) by amending paragraph (1) of subsection (c) to read as follows:
`(1) IN GENERAL- The Director of the Federal Emergency Management
Agency shall administer the Interoperable Emergency Communications
Grant Program.'; and
(D) by striking `Administrator' each place that term appears and
inserting `Director of the Federal Emergency Management Agency'.
SEC. 111. MODEL STANDARDS AND GUIDELINES; GUIDANCE AND RECOMMENDATIONS;
VOLUNTARY PRIVATE SECTOR PREPAREDNESS.
Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.)
is amended--
(1) in section 522, by striking `Administrator' each place that term
appears and inserting `Director of the Federal Emergency Management
Agency';
(A) by striking `Administrator' each place that term appears and
inserting `Director of the Federal Emergency Management Agency';
and
(B) in subsection (b)(2), by striking `Secretary' and inserting
`Director of the Federal Emergency Management Agency'; and
(A) by amending subsection (a) to read as follows:
`(a) Establishment- The Administrator (hereinafter referred to in this
section as the `designated officer') shall establish and implement the
voluntary private sector preparedness accreditation and certification
program in accordance with this section.'; and
(B) by amending subsection (b)(2)(E)(ii)(I) to read as follows:
`(I) private sector related programs of the Department; and'.
SEC. 112. TECHNICAL AND CONFORMING AMENDMENTS.
(a) In General- Title V of the Homeland Security Act of 2002 (6 U.S.C.
311 et seq.) is amended--
(1) in section 501, by striking all after `In this title' and inserting
`the term `tribal government' means the government of any entity described
under section 2(10)(B).';
(2) by striking sections 503 through 507, 510, and 515;
(A) by striking `Administrator' each place that term appears and
inserting `Director of Federal Emergency Management Agency';
(B) in subsection (b)(2), by striking `Department' and inserting
`Federal Emergency Management Agency'; and
(i) in paragraph (1), by inserting `in consultation with the Secretary,'
before `and shall, to the extent practicable'; and
(ii) in paragraph (3), by inserting `, in consultation with the
Secretary,' before `shall designate';
(A) in subsection (a), by striking `Agency' and inserting `Department';
and
(B) by striking subsection (c);
(5) in section 512(c), by striking `Administrator' each place that
term appears and inserting `Secretary';
(A) by striking `Administrator' each place that term appears and
inserting `Secretary'; and
(B) in subsection (b)(2), by striking `Agency' and inserting `Department';
and
(A) by striking subsection (a); and
(B) redesignating subsections (b) and (c) as subsections (a) and
(b), respectively.
(b) Table of Contents- The table of contents for the Homeland Security
Act of 2002 (6 U.S.C. 101) is amended by striking the items relating
to sections 503 through 507, 510, and 515.
SEC. 113. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to detract from the Department
of Homeland Security's primary mission to secure the homeland from terrorist
attacks.
TITLE II--TRANSFER AND SAVINGS PROVISIONS
SEC. 201. DEFINITIONS.
In this title, 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. 202. TRANSFER OF FUNCTIONS.
There are transferred to the Federal Emergency Management Agency established
under section 101 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, including
all the functions described under section 505 of the Homeland Security
Act of 2002 (before the repeal of that section under section 104 of
this Act).
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 202
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. 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. 212. 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. 213. 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. 214. 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
Act.
(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).
END
