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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 867 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 867

  To transfer the functions of the Director of the Federal Emergency 
             Management Agency to the Secretary of Defense.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 4, 1993

Mr. Stark introduced the following bill; which was referred jointly to 
  the Committees on Armed Services and Public Works and Transportation

_______________________________________________________________________

                                 A BILL

 
  To transfer the functions of the Director of the Federal Emergency 
             Management Agency to the Secretary of Defense.

    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 Agency 
Sunset Act of 1993''.

SEC. 2. TRANSFER OF FUNCTIONS.

    (a) In General.--There are transferred to and vested in the 
Secretary of Defense all functions, powers, and duties of the Director 
of the Federal Emergency Management Agency under the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act and any other provision of 
law.
    (b) Effective Date.--The transfer of authority under subsection (a) 
shall take effect beginning on the 90th day after the date of the 
enactment of this Act.

SEC. 3. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.

    (a) In General.--The personnel (including members of the Senior 
Executive Service) employed in connection with, and the assets, 
liabilities, contracts, property, records, and unexpended balances of 
appropriations, authorizations, allocations, and other funds employed, 
held, used, arising from, available to or to be made available in 
connection with, any function transferred by section 2 of this Act, 
subject to section 1531 of title 31, United States Code, shall be 
transferred to the Secretary of Defense for appropriate allocation. 
Personnel employed in connection with functions so transferred or 
transferred in accordance with any other lawful authority, shall be 
transferred in accordance with any applicable laws and regulations 
relating to transfer of functions. Unexpended funds transferred 
pursuant to this subsection shall only be used for the purpose for 
which the funds were originally authorized and appropriated.
    (b) Facilitation of Transfer by O.M.B.--In order to facilitate the 
transfers made by section 2 of this Act, the Director of the Office of 
Management and Budget is authorized and directed, in consultation with 
the Director of the Federal Emergency Management Agency and the 
Secretary of Defense, to make such determinations as may be necessary 
with regard to the functions so transferred, and to make such 
additional incidental dispositions of personnel, assets, liabilities, 
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 resolve any disputes 
between the Director of the Federal Emergency Management Agency and the 
Secretary of Defense.
    (c) Planning.--The Director of the Federal Emergency Management 
Agency and the Secretary of Defense shall, beginning as soon as 
practicable after the date of the enactment of this Act, jointly plan 
for the orderly transfer of functions and personnel pursuant to this 
Act.

SEC. 4. EFFECT ON PERSONNEL.

    (a) Rate of Pay.--Employees covered by the merit pay system under 
chapter 54 of title 5, United States Code, who are transferred under 
section 3 of this Act to the Department of Defense shall have their 
rate of basic pay adjusted in accordance with section 5402 of such 
title. With respect to the evaluation period during which such an 
employee is transferred, merit pay determinations for that employee 
shall be based on the factors in section 5402(b)(2) of such title as 
appraised in performance appraisals administered by the Federal 
Emergency Management Agency in accordance with chapter 43 of title 5, 
United States Code, in addition to those administered by the agency to 
which the employee is transferred.
    (b) Use of Services of F.E.M.A. Personnel.--With the consent of the 
Director of the Federal Emergency Management Agency, the Secretary of 
Defense is authorized to use the services of such officers, employees, 
and other personnel of the Federal Emergency Management Agency for such 
period of time as may reasonably be needed to facilitate the orderly 
transfer of such functions.

SEC. 5. SAVING PROVISIONS.

    (a) Existing Orders, Determinations, Rules, Regulations, and 
Agreements.--All orders, determinations, rules, regulations, and 
agreements--
            (1) which have been issued, made, granted, or allowed to 
        become effective by the President, any agency or official 
        thereof, or by a court of competent jurisdiction, in the 
        performance of any function which is transferred by section 2 
        of this Act; and
            (2) which are in effect on the date of the enactment of 
        this Act,
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the Secretary of Defense, or other authorized officials, a court of 
competent jurisdiction, or by operation of law.
    (b) Pending Applications.--The transfers of functions made by 
section 2 of this Act shall not affect any application for any 
financial assistance pending at the time such transfers take effect 
before the Director of the Federal Emergency Management Agency.
    (c) Pending Suits.--Except as provided in subsection (e)--
            (1) the transfer of any function under section 2 of this 
        Act shall not affect any suit relating to such function which 
        is commenced prior to the date the transfer takes effect; and
            (2) in all such suits, proceedings shall be had, appeals 
        taken, and judgments rendered in the same manner and effect as 
        if section 2 of this Act had not been enacted.
    (d) Causes of Action.--No suit, action, or other proceeding 
commenced by or against any officer in his official capacity as an 
officer of the Federal Emergency Management Agency shall abate by 
reason of the transfer of any function under section 2 of this Act. No 
cause of action by or against the Federal Emergency Management Agency, 
or by or against any officer thereof in his official capacity, shall 
abate by reason of the transfer of any function under section 2 of this 
Act.
    (e) Party to a Suit.--If, before the date of the enactment of this 
Act, the Federal Emergency Management Agency, or officer thereof in his 
official capacity, is a party to a suit relating to a function 
transferred by section 2 of this Act, then such suit shall be continued 
with the Secretary of Defense.
    (f) References.--With respect to any function transferred to the 
Secretary of Defense by section 2 of this Act and exercised after the 
effective date of such transfer, reference in any Federal law to the 
Federal Emergency Management Agency, or to any officer or office of the 
Federal Emergency Management Agency, shall be deemed to refer to the 
Department of Defense, or other official or component of the Department 
of Defense.
    (g) Force and Effect of Actions.--In the exercise of any function 
transferred under section 2 of this Act, the Secretary of Defense shall 
have the same authority as that vested in the Director of the Federal 
Emergency Management Agency with respect to such function, immediately 
preceding its transfer, and actions of the Secretary of Defense shall 
have the same force and effect as when exercised by the Director of the 
Federal Emergency Management Agency.
    (h) Continuity.--In exercising any function transferred by section 
2 of this Act, the Secretary of Defense shall give full consideration 
to the need for operational continuity of the function transferred.

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