[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 412 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 412

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 11, 2009

  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 2009'' or the ``FEMA Act''.

              TITLE I--FEDERAL EMERGENCY MANAGEMENT AGENCY

SEC. 101. DEFINITIONS.

    In this title--
            (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.
    (b) Director.--
            (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.
    (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--
                    (A) by striking the following:
            ``Administrator of the Federal Emergency Management 
        Agency.'';
                and
                    (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
                    (C) continuity of plans;
            (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.
            (2) Qualifications.--
                    (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.
    (c) Responsibilities.--
            (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.
    (b) Chain of Command.--
            (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--
            (1) in section 2001--
                    (A) in paragraph (1)--
                            (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'';
            (3) in section 2003--
                    (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'';
            (5) in section 2005--
                    (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'';
            (7) in section 2007--
                    (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'';
            (9) in section 2021--
                    (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
            (10) in section 2022--
                    (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'';
            (2) in section 523--
                    (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
            (3) in section 524--
                    (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;
            (3) in section 508--
                    (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
                    (C) in subsection (c)--
                            (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'';
            (4) in section 509--
                    (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'';
            (6) in section 513--
                    (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
            (7) in section 514--
                    (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).
                                 <all>