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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5599 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 5599

To establish the Federal Emergency Management Agency as a cabinet-level 
              independent agency, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 20, 2023

Mr. Moskowitz (for himself and Mr. Graves of Louisiana) introduced the 
 following bill; which was referred to the Committee on Transportation 
   and Infrastructure, and in addition to the Committee on Homeland 
Security, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
To establish the Federal Emergency Management Agency as a cabinet-level 
              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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``FEMA Independence 
Act of 2023''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Establishment of FEMA as cabinet-level independent agency.
Sec. 3. Director; deputy directors; regional offices.
Sec. 4. Authority and responsibilities.
Sec. 5. Office of the Inspector General.
Sec. 6. Transfer of functions.
Sec. 7. Personnel and other transfers.
Sec. 8. Savings provisions.
Sec. 9. References.
Sec. 10. Offices and functions of Department of Homeland Security.
Sec. 11. Homeland security grants.
Sec. 12. Conforming amendments to other laws.
Sec. 13. Report on recommended legislation.
Sec. 14. Definitions.

SEC. 2. ESTABLISHMENT OF FEMA AS CABINET-LEVEL INDEPENDENT AGENCY.

    (a) In General.--The Federal Emergency Management Agency is 
established as a cabinet-level independent establishment in the 
executive branch.
    (b) Mission.--The primary mission of the 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.

SEC. 3. DIRECTOR; DEPUTY DIRECTORS; REGIONAL OFFICES.

    (a) 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.
            (2) Qualifications.--The Director shall be appointed from 
        among individuals who have--
                    (A) a demonstrated ability in and knowledge of 
                emergency management and homeland security; and
                    (B) not less than 5 years of executive leadership 
                and management experience in the public sector and 5 
                years of such experience in the private sector.
            (3) Executive schedule.--Title 5, United States Code, is 
        amended--
                    (A) in section 5312 by adding at the end the 
                following:
    ``Director of the Federal Emergency Management Agency.''; and
                    (B) in section 5313 by striking the item relating 
                to ``Administrator of the Federal Emergency Management 
                Agency.''.
    (b) Deputy Directors.--
            (1) In general.--The President may appoint, by and with the 
        advice and consent of the Senate, not more than 4 Deputy 
        Directors to assist the Director in carrying out the functions 
        and authorities of the Director.
            (2) Executive schedule.--Section 5314 of title 5, United 
        States Code, is amended by striking ``Deputy Administrators, 
        Federal Emergency Management Agency'' and inserting ``Deputy 
        Directors, Federal Emergency Management Agency''.
    (c) Regional Offices.--
            (1) In general.--There shall be in the Agency 10 Regional 
        Offices, as identified by the Director.
            (2) Regional directors.--Each Regional Office shall be 
        headed by a Regional Director who shall be chosen by the 
        Director.

SEC. 4. AUTHORITY AND RESPONSIBILITIES.

    (a) In General.--The Director shall provide the Federal leadership 
necessary to prepare for, respond to, recover from, and mitigate 
hazards.
    (b) Stafford Act.--The Director shall assist 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 Administrator of the Federal 
Emergency Management Agency under that Act.
    (c) Mission.--The responsibilities of the Director shall include 
carrying out the mission of the Agency by leading and supporting the 
Nation in a comprehensive emergency management system of--
            (1) mitigation, by taking sustained actions to reduce or 
        eliminate long-term risks to people and property from hazards 
        and their effects;
            (2) preparedness, by planning, training, conducting 
        exercises, and building the emergency management profession to 
        prepare effectively for mitigating, responding to, and 
        recovering from any hazard;
            (3) 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
            (4) recovery, by rebuilding communities so individuals, 
        businesses, and governments can function on their own, return 
        to normal life, and protect against future hazards.
    (d) Response Duties.--In carrying out subsection (c)(3), the 
Director, at a minimum, shall--
            (1) help to ensure the effectiveness of emergency response 
        providers in responding to a hazard;
            (2) coordinate and provide the Federal Government's 
        response to hazards;
            (3) build a comprehensive national incident management 
        system with Federal, State, and local government personnel, 
        agencies, and authorities to respond to hazards;
            (4) consolidate existing Federal Government emergency 
        response plans into a single, coordinated plan to be known as 
        the National Response Plan;
            (5) administer and ensure the implementation of the 
        National Response Plan, including coordinating and ensuring the 
        readiness of each emergency support function under the National 
        Response Plan; and
            (6) help ensure the acquisition of operable and 
        interoperable communications capabilities by Federal, State, 
        local, and tribal governments and emergency response providers.
    (e) Continuity of Government.--The Director shall prepare and 
implement the plans and programs of the Federal Government for--
            (1) continuity of operations;
            (2) continuity of Government; and
            (3) continuity of plans.
    (f) Other Duties.--The Director shall--
            (1) coordinate the National Advisory Council;
            (2) maintain and operate within the Agency the National 
        Response Coordination Center (or its successor);
            (3) develop and maintain a national emergency management 
        system that is capable of preparing for, responding to, 
        recovering from, and mitigating hazards of all magnitudes, 
        including catastrophic disasters; and
            (4) supervise grant programs administered by the Agency.
    (g) All-hazards Approach.--In carrying out the responsibilities 
under this section, the Director shall coordinate the implementation of 
an all-hazards strategy that builds those common capabilities necessary 
to prepare for, respond to, recover from, and mitigate hazards.

SEC. 5. OFFICE OF THE INSPECTOR GENERAL.

    The Agency shall have an Office of the Inspector General, headed by 
an Inspector General, in accordance with chapter 4 of title 5, United 
States Code (commonly known as the ``Inspector General Act of 1978'').

SEC. 6. TRANSFER OF FUNCTIONS.

    (a) In General.--There shall be transferred to the Director all 
functions of the Federal Emergency Management Agency, as such Agency 
was constituted on the day before the date of enactment of this Act.
    (b) Inspector General.--There shall be transferred to the Inspector 
General all functions relating to the Inspector General that were 
transferred from the Federal Emergency Management Agency to the 
Department of Homeland Security on or after January 1, 2003.
    (c) Transition Period.--The transfers under this section shall be 
carried out not later than 120 days following the date of enactment of 
this Act. During the transition period, the Secretary of Homeland 
Security shall provide to the Director such assistance, including the 
use of personnel and assets, as the Director may request in preparing 
for the transfer.

SEC. 7. PERSONNEL AND OTHER TRANSFERS.

    (a) Personnel Appointments.--The Director may appoint and fix the 
compensation of such officers and employees as may be necessary to 
carry out the respective functions transferred by section 6.
    (b) Transfer and Allocations of Appropriations and Personnel.--
Except as otherwise provided in this Act, 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 section 6, subject to section 1531 of title 31, United 
States Code, shall be transferred to the Agency. Unexpended funds 
transferred pursuant to this subsection shall be used only for the 
purposes for which the funds were originally authorized and 
appropriated.
    (c) Incidental Transfers.--The Director of the Office of Management 
and Budget, in consultation with the Director of the Federal Emergency 
Management Agency, may make such determinations as may be necessary 
with regard to the functions transferred by section 6, and may 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 Act. The Director of the Office of Management and 
Budget shall provide for the termination of the affairs of all entities 
terminated by this Act and for such further measures and dispositions 
as may be necessary to effectuate the purposes of this Act.
    (d) Effect on Personnel.--
            (1) In general.--Except as otherwise provided by this Act, 
        the transfer pursuant to this Act 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 1 year 
        after the date of transfer of such employee under this Act.
            (2) Executive schedule positions.--Except as otherwise 
        provided in this Act, any person who, on the day preceding the 
        date of the transfers of functions by section 6, 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 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. 8. SAVINGS PROVISIONS.

    (a) Continuing Effect of Legal Documents and Actions.--
            (1) In general.--The legal documents and actions described 
        in paragraph (2) 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, 
        other authorized official, a court of competent jurisdiction, 
        or by operation of law.
            (2) Legal documents and actions described.--The legal 
        documents and actions described in this paragraph are all 
        orders, determinations, rules, regulations, permits, 
        agreements, grants, contracts, certificates, licenses, 
        registrations, privileges, and other administrative actions 
        that both--
                    (A) 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 that are 
                transferred by section 6; and
                    (B) are in effect on the date of the transfers of 
                functions by section 6, or were final before such date 
                and are to become effective on or after such date.
    (b) Proceedings Not Affected.--The provisions of this Act shall not 
affect any proceedings, including notices of proposed rulemaking, or 
any application for any license, permit, certificate, or financial 
assistance pending before the Agency on the date of the transfers of 
functions by section 6, with respect to functions transferred by 
section 6, 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 Act 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 paragraph shall be considered 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 Act had not 
been enacted.
    (c) Causes of Action Not Affected.--The provisions of this Act 
shall not affect any cause of action commenced before the date of the 
transfers of functions by section 6, and in all such causes of action, 
proceedings shall be had, appeals taken, and judgments rendered in the 
same manner and with the same effect as if this Act had not been 
enacted.
    (d) Nonabatement of Causes of Action.--No cause of action commenced 
by or against the Agency, or by or against any individual in the 
official capacity of such individual as an officer of the Agency, shall 
abate by reason of the enactment of this Act.
    (e) Administrative Actions Relating to Promulgation of 
Regulations.--Any administrative action relating to the preparation or 
promulgation of a regulation by the Agency relating to a function 
transferred by section 6 may be continued by the Agency with the same 
effect as if this Act had not been enacted.

SEC. 9. REFERENCES.

    (a) References to FEMA.--Any reference to the Federal Emergency 
Management Agency in any law, Executive order, rule, regulation, 
certificate, directive, instruction, delegation of authority, or other 
official paper shall be considered to refer and apply to the Agency 
established by section 2.
    (b) References to Director or Administrator of FEMA.--Any reference 
to the Director or the Administrator of the Federal Emergency 
Management Agency in any law, Executive order, rule, regulation, 
certificate, directive, instruction, delegation of authority, or other 
official paper shall be considered to refer and apply to the Director 
established by section 3(a)(1).
    (c) References to Inspector General.--Any reference to the 
Inspector General of the Federal Emergency Management Agency or to the 
functions relating to such office that were transferred from the 
Federal Emergency Management Agency to the Department of Homeland 
Security on or after January 1, 2003, in any law, Executive order, 
rule, regulation, certificate, directive, instruction, delegation of 
authority, or other official paper shall be considered to refer and 
apply to the Inspector General established by section 5 or to the 
functions related to such office.

SEC. 10. OFFICES AND FUNCTIONS OF DEPARTMENT OF HOMELAND SECURITY.

    (a) Repeals.--The following provisions of the Homeland Security Act 
of 2002 (6 U.S.C. 101 et seq.) are repealed:
            (1) Section 501 (6 U.S.C. 311).
            (2) Section 503 (6 U.S.C. 313).
            (3) Section 504 (6 U.S.C. 314).
            (4) Section 505 (6 U.S.C. 315).
            (5) Section 506 (6 U.S.C. 316).
            (6) Section 507 (6 U.S.C. 317).
            (7) Section 508 (6 U.S.C. 318).
            (8) Section 509 (6 U.S.C. 319).
            (9) Section 510 (6 U.S.C. 320).
            (10) Section 513 (6 U.S.C. 321b).
            (11) Section 514 (6 U.S.C. 321c).
            (12) Section 519 (6 U.S.C. 321h).
    (b) Redesignations.--Sections 502, 511, 512, 515, 517, 518, 520, 
521, 522, 523, 524, 525, 526, 527, 528, and 529 of such Act (6 U.S.C. 
312, 321, 321a, 321d, 321f, 321g, 321i, 321j, 321k, 321l, 321m, 321n, 
321o, 321p, 321q, and 321r) are redesignated as sections 501 through 
516, respectively.
    (c) Title Heading.--The heading for title V of such Act is amended 
by striking ``NATIONAL EMERGENCY MANAGEMENT'' and inserting ``OTHER 
OFFICES AND FUNCTIONS''.
    (d) Table of Contents.--The table of contents contained in section 
1(b) of such Act is amended by striking the items relating to title V 
and inserting the following:

                 ``TITLE V--OTHER OFFICES AND FUNCTIONS

``Sec. 501. Definition.
``Sec. 502. The National Infrastructure Simulation and Analysis Center.
``Sec. 503. Evacuation plans and exercises.
``Sec. 504. National Operations Center.
``Sec. 505. Nuclear incident response.
``Sec. 506. Conduct of certain public health-related activities.
``Sec. 507. Use of commercially available technology, goods, and 
                            services.
``Sec. 508. Procurement of security countermeasures for strategic 
                            national stockpile.
``Sec. 509. Model standards and guidelines for critical infrastructure 
                            workers.
``Sec. 510. Guidance and recommendations.
``Sec. 511. Voluntary private sector preparedness accreditation and 
                            certification program.
``Sec. 512. Acceptance of gifts.
``Sec. 513. Integrated public alert and warning system modernization.
``Sec. 514. National planning and education.
``Sec. 515. Coordination of Department of Homeland Security efforts 
                            related to food, agriculture, and 
                            veterinary defense against terrorism.
``Sec. 516. Transfer of equipment during a public health emergency.''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on the date on which the transfers of functions by section 6 are 
carried out.

SEC. 11. HOMELAND SECURITY GRANTS.

    (a) References to Administrator.--Title XX of the Homeland Security 
Act of 2002 (6 U.S.C. 601 et seq.) is amended--
            (1) in section 2002(a) (6 U.S.C. 603(a)) by striking ``, 
        through the Administrator,'';
            (2) in section 2009(a) (6 U.S.C. 609a(a)) by striking ``, 
        acting through the Administrator,'';
            (3) in the subsection heading for section 2022(c) (6 U.S.C. 
        612(c)) by striking ``by the Administrator''; and
            (4) by striking ``Administrator'' each place it appears and 
        inserting ``Secretary''.
    (b) Exceptions.--Title XX of the Homeland Security Act of 2002 (6 
U.S.C. 601 et seq.), as amended by subsection (a), is further amended--
            (1) in section 2001(1) (6 U.S.C. 601(1)) by striking 
        ``Secretary'' each place it appears and inserting ``Director'';
            (2) in section 2006(b)(4)(F) (6 U.S.C. 607(b)(4)(F)) by 
        striking ``Secretary'' and inserting ``Director''; and
            (3) in section 2006(b)(5) (6 U.S.C. 607(b)(5)) by striking 
        ``Secretary'' and inserting ``Director''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date on which the transfers of functions by section 6 are 
carried out.

SEC. 12. CONFORMING AMENDMENTS TO OTHER LAWS.

    (a) Improvements to Information Technology.--Section 640(a) of the 
Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 727(a)) 
is amended by striking ``, in coordination with the Chief Information 
Officer of the Department,''.
    (b) Chief Financial Officer.--Section 901(b)(2) of title 31, United 
States Code, is amended by adding at the end the following:
            ``(H) The Federal Emergency Management Agency.''.
    (c) References.--Subsection (c) of section 612 of the Post-Katrina 
Emergency Management Reform Act of 2006 (6 U.S.C. 313 note) is 
repealed.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date on which the transfers of functions by section 6 are 
carried out.

SEC. 13. REPORT ON RECOMMENDED LEGISLATION.

    (a) In General.--After consultation with Congress, the Director 
shall prepare a report describing recommended legislation for 
additional technical and conforming amendments to reflect the changes 
made by this Act.
    (b) Submission to Congress.--Not later than 90 days after the last 
day of the transition period referred to in section 6(c), the Director 
shall submit to Congress the report referred to in subsection (a).

SEC. 14. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``Agency'' means the Federal 
        Emergency Management Agency established by section 2.
            (2) Director.--The term ``Director'' means the Director of 
        the Federal Emergency Management Agency established by section 
        3(a).
            (3) Hazard.--The term ``hazard'' has the meaning given that 
        term in section 602(a) of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5195a(a)) and 
        includes any major disaster or emergency.
            (4) Inspector general.--The term ``Inspector General'' 
        means the Inspector General of the Federal Emergency Management 
        Agency established by section 5.
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