[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