,,ii #aaith ,,congress #ast ,session ,s4 #abdf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #b1 #bjbe,mr4 ,tillis 7for himself and ,mr4 ,padilla7 introduced the following bill2 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 a cabinet-level independent agency1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,,fema ,independence ,act of #bjbe4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,sec4 #c4 ,establishment of ,,fema as cabinet-level independent agency4,sec4 #d4 ,director2 deputy directors2 regional offices4,sec4 #e4 ,authority and responsibilities4,sec4 #f4 ,transfer of functions4,sec4 #g4 ,personnel and other transfers4,sec4 #h4 ,savings provisions4,sec4 #i4 ,references4,sec4 #aj4 ,offices and functions of ,department of ,homeland ,security4,sec4 #aa4 ,homeland security grants4,sec4 #ab4 ,conforming amendments to other laws4,sec4 #ac4 ,report on recommended legislation4 #b4 ,definitions ,in this ,act3 7#a7 ,agency ,the term ,agency means the ,federal ,emergency ,management ,agency established under section #c4 7#b7 ,director ,the term ,director means the ,director of the ,agency4 7#c7 ,hazard ,the term hazard-- 7,a7 has the meaning given the term in section #fjb7;a7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaie;a7a772 and 7,b7 includes any major disaster or emergency declared under section #dja or #eja1 respectively1 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj1 #eaia74 #c4 ,establishment of ,,fema as cabinet-level independent agency 7a7 ,in general ,there is established the ,federal ,emergency ,management ,agency as an executive department of the ,united ,states within the meaning of title #e1 ,united ,states ,code4 7b7 ,mission ,the primary mission of the ,agency shall be to reduce the loss of life and property and protect the ,united ,states from all hazards1 including natural disasters1 acts of terrorism1 and other man-made disasters1 by leading and supporting the ,united ,states in a risk-based1 comprehensive emergency management system of preparedness1 protection1 response1 recovery1 and mitigation4 #d4 ,director2 deputy directors2 regional offices 7a7 ,director 7#a7 ,in general ,the ,agency shall be headed by a ,director1 who-- 7,a7 shall be appointed by the ,president1 by and with the advice and consent of the ,senate2 and 7,b7 shall report directly to the ,president4 7#b7 ,qualifications ,the ,president shall appoint the ,director from among individuals who have-- 7,a7 a demonstrated ability in and knowledge of emergency management and homeland security2 and 7,b7 not less than #e years of executive leadership and management experience in the public sector and #e years of such experience in the private sector4 7#c7 ,executive schedule ,title #e1 ,united ,states ,code1 is amended-- 7,a7 in section #ecab1 by adding at the end the following3 ,director of the ,federal ,emergency ,management ,agency4 2 and 7,b7 in section #ecac1 by striking ,administrator of the ,federal ,emergency ,management ,agency44 7b7 ,deputy directors 7#a7 ,in general ,the ,president may appoint1 by and with the advice and consent of the ,senate1 not more than #d ,deputy ,directors of the ,agency to assist the ,director in carrying out the functions and authorities of the ,director4 7#b7 ,executive schedule ,section #ecad of title #e1 ,united ,states ,code1 is amended by striking ,deputy ,administrators1 ,federal ,emergency ,management ,agency and inserting ,deputy ,directors1 ,federal ,emergency ,management ,agency4 7c7 ,regional offices 7#a7 ,in general ,there shall be in the ,agency #aj ,regional ,offices1 as identified by the ,director4 7#b7 ,regional ,directors ,each ,regional ,office of the ,agency shall be headed by a ,regional ,director1 who shall be appointed by the ,director4 #e4 ,authority and responsibilities 7a7 ,in general ,the ,director shall provide the ,federal leadership necessary to prepare for1 respond to1 recover from1 and mitigate hazards4 7b7 ,stafford ,act ,the ,director shall-- 7#a7 assist the ,president in carrying out the functions under the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq472 and 7#b7 carry out all functions and authorities given to the ,administrator of the ,federal ,emergency ,management ,agency under that ,act4 7c7 ,mission ,the ,director shall carry out the mission of the ,agency by leading and supporting the ,united ,states in a comprehensive emergency management system of-- 7#a7 mitigation by taking sustained actions to reduce or eliminate long-term risks to people and property from hazards and the effects of hazards2 7#b7 preparedness by planning1 training1 conducting exercises1 and building the emergency management profession to prepare effectively for mitigating1 responding to1 and recovering from any hazard2 7#c7 response by conducting emergency operations to save lives and property through-- 7,a7 positioning emergency equipment1 personnel1 and supplies2 7,b7 evacuating potential victims2 7,c7 providing food1 water1 shelter1 and medical care to individuals in need2 and 7,d7 restoring critical public services2 and 7#d7 recovery by rebuilding communities so that individuals1 businesses1 and governments can-- 7,a7 function independently2 7,b7 return to normal life2 and 7,c7 protect against future hazards4 7d7 ,response duties ,in carrying out subsection 7c77#c71 the ,director1 at a minimum1 shall-- 7#a7 help to ensure the effectiveness of emergency response providers in responding to a hazard2 7#b7 coordinate and provide the ,federal ,government's response to hazards2 7#c7 build a comprehensive national incident management system with ,federal1 ,state1 and local government personnel1 agencies1 and authorities to respond to hazards2 7#d7 consolidate ,federal ,government emergency response plans existing as of the date of enactment of this ,act into a single1 coordinated plan to be known as the ,national ,response ,plan2 7#e7 administer and ensure the implementation of the ,national ,response ,plan described in paragraph 7#d71 including by coordinating and ensuring the readiness of each emergency support function under the ,national ,response ,plan2 and 7#f7 help ensure the acquisition of operable and interoperable communications capabilities by ,federal1 ,state1 local1 and ,tribal governments and emergency response providers4 7e7 ,continuity of ,government ,the ,director shall prepare and implement the plans and programs of the ,federal ,government for-- 7#a7 continuity of operations2 7#b7 continuity of ,government2 and 7#c7 continuity of plans4 7f7 ,other duties ,the ,director shall-- 7#a7 coordinate the ,national ,advisory ,council established under section #ejb of the ,homeland ,security ,act of #bjjb1 as redesignated by section #aa2 7#b7 maintain and operate within the ,agency the ,national ,response ,coordination ,center 7or any successor center72 7#c7 develop and maintain a national emergency management system that is capable of preparing for1 responding to1 recovering from1 and mitigating hazards of all magnitudes1 including catastrophic disasters2 and 7#d7 supervise grant programs administered by the ,agency4 7g7 ,all-,hazards approach ,in carrying out the responsibilities under this section1 the ,director shall coordinate the implementation of an all-hazards strategy that builds the common capabilities that are necessary to prepare for1 respond to1 recover from1 and mitigate hazards4 #f4 ,transfer of functions 7a7 ,in general ,there shall be transferred to the ,director all functions of the ,federal ,emergency ,management ,agency1 as such ,agency was constituted on the day before the date of enactment of this ,act4 7b7 ,inspector ,general ,there shall be transferred to the ,inspector ,general of the ,federal ,emergency ,management ,agency 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 #a1 #bjjc4 7c7 ,transition period ,the transfers under this section shall be carried out not later than #a year after the date of enactment of this ,act4 ,during the transition period1 the ,secretary of ,homeland ,security shall provide to the ,director such assistance1 including the use of personnel and assets1 as the ,director may request in preparing for the transfer4 #g4 ,personnel and other transfers 7a7 ,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 under section #f4 7b7 ,transfer and allocations of appropriations and personnel ,except as otherwise provided in this ,act1 the personnel employed in connection with1 and the assets1 liabilities1 contracts1 property1 records1 and unexpended balances of appropriations1 authorizations1 allocations1 and other funds employed1 used1 held1 arising from1 available to1 or to be made available in connection with the functions transferred under section #f1 subject to section #aeca of title #ca1 ,united ,states ,code1 shall be transferred to the ,agency4 ,unexpended funds transferred pursuant to this subsection shall be used only for the purposes for which the funds were originally authorized and appropriated4 7c7 ,incidental transfers ,the ,director of the ,office of ,management and ,budget1 in consultation with the ,director1 may make such determinations as may be necessary with regard to the functions transferred under section #f1 and may make such additional incidental dispositions of personnel1 assets1 liabilities1 grants1 contracts1 property1 records1 and unexpended balances of appropriations1 authorizations1 allocations1 and other funds held1 used1 arising from1 available to1 or to be made available in connection with such functions1 as may be necessary to carry out the provisions of this ,act4 ,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 ,act4 7d7 ,effect on personnel 7#a7 ,in general ,except as otherwise provided by this ,act1 the transfer pursuant to this ,act of full-time personnel 7except special ,government employees7 and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for #a year after the date of transfer of such employee under this ,act4 7#b7 ,executive schedule positions ,except as otherwise provided in this ,act1 any person who1 on the day preceding the date of the transfers of functions under section #f1 held a position compensated in accordance with the ,executive ,schedule prescribed in chapter #ec of title #e1 ,united ,states ,code1 and who1 without a break in service1 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 position1 for the duration of the service of such person in such new position4 #h4 ,savings provisions 7a7 ,continuing effect of legal documents and actions 7#a7 ,in general ,the legal documents and actions described in paragraph 7#b7 shall continue in effect according to their terms until modified1 terminated1 superseded1 set aside1 or revoked in accordance with law by the ,president1 the ,director1 other authorized official1 a court of competent jurisdiction1 or by operation of law4 7#b7 ,legal documents and actions described ,the legal documents and actions described in this paragraph are all orders1 determinations1 rules1 regulations1 permits1 agreements1 grants1 contracts1 certificates1 licenses1 registrations1 privileges1 and other administrative actions that-- 7,a7 have been issued1 made1 granted1 or allowed to become effective by the ,president1 any ,federal agency or official thereof1 or by a court of competent jurisdiction1 in the performance of functions that are transferred under section #f2 and 7,b7 7i7 are in effect on the date of the transfers of functions under section #f2 and 7ii7 or were final before the date of the transfers of functions under section #f and are to become effective on or after such date4 7b7 ,proceedings not affected ,the provisions of this ,act shall not affect any proceedings1 including notices of proposed rulemaking1 or any application for any license1 permit1 certificate1 or financial assistance pending before the ,agency on the date of the transfers of functions under section #f1 with respect to functions transferred under section #f1 but such proceedings and applications shall continue4 ,orders shall be issued in such proceedings1 appeals shall be taken therefrom1 and payments shall be made pursuant to such orders1 as if this ,act had not been enacted1 and orders issued in any such proceedings shall continue in effect until modified1 terminated1 superseded1 or revoked by a duly authorized official1 by a court of competent jurisdiction1 or by operation of law4 ,nothing in this subsection shall be construed 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 enacted4 7c7 ,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 under section #f1 and in all such causes of action1 proceedings shall be had1 appeals taken1 and judgments rendered in the same manner and with the same effect as if this ,act had not been enacted4 7d7 ,nonabatement of causes of action ,no cause of action commenced by or against the ,agency1 or by or against any individual in the official capacity of such individual as an officer of the ,agency1 shall abate by reason of the enactment of this ,act4 7e7 ,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 under section #f may be continued by the ,agency with the same effect as if this ,act had not been enacted4 #i4 ,references 7a7 ,references to ,,fema ,any reference to the ,federal ,emergency ,management ,agency in any law1 ,executive order1 rule1 regulation1 certificate1 directive1 instruction1 delegation of authority1 or other official paper shall be considered to refer and apply to the ,agency4 7b7 ,references to ,director or ,administrator of ,,fema ,any reference to the ,director or the ,administrator of the ,federal ,emergency ,management ,agency in any law1 ,executive order1 rule1 regulation1 certificate1 directive1 instruction1 delegation of authority1 or other official paper shall be construed to refer and apply to the ,director4 7c7 ,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 #a1 #bjjc1 in any law1 ,executive order1 rule1 regulation1 certificate1 directive1 instruction1 delegation of authority1 or other official paper shall be construed to refer and apply to the ,inspector ,general of the ,agency or to the functions related to such office4 #aj4 ,offices and functions of ,department of ,homeland ,security 7a7 ,repeals ,the following provisions of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja et seq47 are repealed3 7#a7 ,section #eja 7#f ,u4,s4,c4 #caa74 7#b7 ,section #ejc 7#f ,u4,s4,c4 #cac74 7#c7 ,section #ejd 7#f ,u4,s4,c4 #cad74 7#d7 ,section #eje 7#f ,u4,s4,c4 #cae74 7#e7 ,section #ejf 7#f ,u4,s4,c4 #caf74 7#f7 ,section #ejg 7#f ,u4,s4,c4 #cag74 7#g7 ,section #eji 7#f ,u4,s4,c4 #cai74 7#h7 ,section #eaj 7#f ,u4,s4,c4 #cbj74 7#i7 ,section #eac 7#f ,u4,s4,c4 #cba;b74 7#aj7 ,section #ead 7#f ,u4,s4,c4 #cba;c74 7#aa7 ,section #eai 7#f ,u4,s4,c4 #cba;h74 7b7 ,redesignations ,sections #ejb1 #ejh1 #eaa1 #eab1 #eae1 #eag1 #eah1 #ebj1 #eba1 #ebb1 #ebc1 #ebd1 #ebe1 #ebf1 #ebg1 #ebh1 and #ebi of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cab1 #cba1 #cba;a1 #cba;d1 #cba;f1 #cba;g1 #cba;i1 #cba;j1 #cbak1 #cbal1 #cbam1 #cban1 #cbao1 #cbap1 #cbaq1 and #cbar7 are redesignated as sections #eja through #eag1 respectively4 7c7 ,title heading ,the heading for title ,v of the ,homeland ,security ,act of #bjjb is amended by striking ,national ,emergency ,management and inserting ,other ,offices and ,functions4 7d7 ,table of contents ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7,public ,law #ajg-bif2 #aaf ,stat4 #bace7 is amended by striking the items relating to title ,v and inserting the following3 ,,title ,v--,,other ,,offices ,,and ,f,u,n,c,t,i,o,n,s,sec4 #eja4 ,definition4,sec4 #ejb4 ,national ,advisory ,council,sec4 #ejc4 ,the ,national ,infrastructure ,simulation and ,analysis ,center4,sec4 #ejd4 ,evacuation plans and exercises4,sec4 #eje4 ,national ,operations ,center4,sec4 #ejf4 ,nuclear incident response4,sec4 #ejg4 ,conduct of certain public health-related activities4,sec4 #ejh4 ,use of commercially available technology1 goods1 and services4,sec4 #eji4 ,procurement of security countermeasures for strategic national stockpile4,sec4 #eaj4 ,model standards and guidelines for critical infrastructure workers4,sec4 #eaa4 ,guidance and recommendations4,sec4 #eab4 ,voluntary private sector preparedness accreditation and certification program4,sec4 #eac4 ,acceptance of gifts4,sec4 #ead4 ,integrated public alert and warning system modernization4,sec4 #eae4 ,national planning and education4,sec4 #eaf4 ,coordination of ,department of ,homeland ,security efforts related to food1 agriculture1 and veterinary defense against terrorism4,sec4 #eag4 ,transfer of equipment during a public health emergency4 4 7e7 ,effective date ,the amendments made by this section shall take effect on the date on which the transfers of functions under section #f are carried out4 #aa4 ,homeland security grants 7a7 ,references to ,administrator ,title ,,xx of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fja et seq47 is amended-- 7#a7 in section #bjjb7;a7 7#f ,u4,s4,c4 #fjc7;a771 by striking 1 through the ,administrator12 7#b7 in section #bjji7;a7 7#f ,u4,s4,c4 #fji;a7a771 by striking 1 acting through the ,administrator12 7#c7 in the subsection heading for section #bjbb7;c7 7#f ,u4,s4,c4 #fab7;c771 by striking by the ,administrator2 and 7#d7 by striking ,administrator each place it appears and inserting ,secretary4 7b7 ,exceptions ,title ,,xx of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fja et seq471 as amended by subsection 7a71 is further amended-- 7#a7 in section #bjja7a7 7#f ,u4,s4,c4 #fja7a771 by striking ,secretary each place it appears and inserting ,director2 7#b7 in section #bjjf7;b77#d77;,f7 7#f ,u4,s4,c4 #fjg7;b77#d77;,f771 by striking ,secretary and inserting ,director2 and 7#c7 in section #bjjf7;b77#e7 7#f ,u4,s4,c4 #fjg7;b77#e771 by striking ,secretary and inserting ,director4 7c7 ,effective date ,the amendments made by this section shall take effect on the date on which the transfers of functions under section #f are carried out4 #ab4 ,conforming amendments to other laws 7a7 ,improvements to information technology ,section #fdj7;a7 of the ,post-,katrina ,emergency ,management ,reform ,act of #bjjf 7#f ,u4,s4,c4 #gbg7;a77 is amended1 in the matter preceding paragraph 7#a71 by striking 1 in coordination with the ,chief ,information ,officer of the ,department14 7b7 ,chief ,financial ,officer ,section #ija7;b77#b7 of title #ca1 ,united ,states ,code1 is amended by adding at the end the following3 7,h7 ,the ,federal ,emergency ,management ,agency4 4 7c7 ,references ,subsection 7c7 of section #fab of the ,post-,katrina ,emergency ,management ,reform ,act of #bjjf 7#f ,u4,s4,c4 #cac note7 is repealed4 7d7 ,effective date ,the amendments made by this section shall take effect on the date on which the transfers of functions under section #f are carried out4 #ac4 ,report on recommended legislation ,not later than #ij days after the last day of the transition period described in section #f7;c71 the ,director1 in consultation with ,congress1 shall submit to ,congress a report describing recommended legislation for additional technical and conforming amendments to reflect the changes made by this ,act4