I
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 Representa-
tives 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 vest-
ed in the Secretary of Defense all functions, powers, and
duties of the Director of the Federal Emergency Manage-
ment 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 APPROPRIA-
TIONS AND PERSONNEL.
(a) IN GENERAL.—The personnel (including mem-
bers of the Senior Executive Service) employed in connec-
tion with, and the assets, liabilities, contracts, property,
records, and unexpended balances of appropriations, au-
thorizations, 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 De-
fense for appropriate allocation. Personnel employed in
connection with functions so transferred or transferred in
accordance with any other lawful authority, shall be trans-
ferred in accordance with any applicable laws and regula-
tions 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 author-
ized 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 Direc-
tor 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 trans-
ferred, and to make such additional incidental dispositions
of personnel, assets, liabilities, contracts, property,
records, and unexpended balances of appropriations, au-
thorizations, allocations, and other funds held, used, aris-
ing from, available to, or to be made available in connec-
tion with, such functions, as may be necessary to resolve
any disputes between the Director of the Federal Emer-
gency Management Agency and the Secretary of Defense.
(c) PLANNING.—The Director of the Federal Emer-
gency 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 ap-
praisals administered by the Federal Emergency Manage-
ment 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 Emer-
gency Management Agency, the Secretary of Defense is
authorized to use the services of such officers, employees,
and other personnel of the Federal Emergency Manage-
ment Agency for such period of time as may reasonably
be needed to facilitate the orderly transfer of such func-
tions.
SEC. 5. SAVING PROVISIONS.
(a) EXISTING ORDERS, DETERMINATIONS, RULES,
REGULATIONS, AND AGREEMENTS.—All orders, deter-
minations, 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