text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Federal Emergency Management Agency 
  Restoration Act''.
  
  SEC. 2. FEDERAL EMERGENCY MANAGEMENT AGENCY.
  
      (a) Independent Establishment.--The Federal Emergency Management 
  Agency shall be a cabinet-level independent establishment in the 
  executive branch that is responsible for emergency preparedness, 
  response, recovery, and mitigation for all hazards, including major 
  disasters, acts of terrorism, and other emergencies.
      (b) 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. The Director of the Federal Emergency Management 
          Agency shall be compensated at the rate provided for at level I 
          of the Executive Schedule under section 5312 of title 5, United 
          States Code.
              (2) Qualification.--The Director shall be appointed from 
          among persons who have extensive experience in emergency 
          preparedness, response, recovery, and mitigation for all 
          hazards, including major disasters, acts of terrorism, and 
          other emergencies.
              (3) Term of office.--The term of office of an individual 
          appointed as the Director shall be 5 years. Such individual may 
          be appointed in accordance with paragraph (1) for an additional 
          term of 5 years.
              (4) Conforming amendment.--Section 5312 of title 5, United 
          States Code, is amended by adding at the end the following:
              ``Director of the Federal Emergency Management Agency.''.
      (c) Deputy Director.--
              (1) In general.--The Federal Emergency Management Agency 
          shall have one deputy director appointed in the competitive 
          service by the Director.
              (2) Qualifications.--The Deputy Director shall be appointed 
          from among persons who have extensive experience in emergency 
          preparedness, response, recovery, and mitigation for all 
          hazards, including major disasters, acts of terrorism, and 
          other emergencies.
              (3) Duties.--The Deputy Director shall--
                      (A) carry out duties and powers prescribed by the 
                  Director;
                      (B) serve as a liaison to the Department of 
                  Homeland Security in the event of an act of terrorism; 
                  and
                      (C) act for the Director when the Director is 
                  absent or unable to serve or when the position of the 
                  Director is vacant.
      (d) Limitations on Definition of Emergency Preparedness.--For 
  purposes of this Act, the term ``emergency preparedness'' does not 
  include law enforcement efforts to prevent or deter acts of terrorism, 
  protect critical infrastructure, and conduct intelligence activities.
  
  SEC. 3. TRANSFER OF FUNCTIONS.
  
      (a) In General.--There shall be transferred to the Director of the 
  Federal Emergency Management Agency the functions, personnel, assets, 
  and liabilities of the Department of Homeland Security relating to the 
  Federal Emergency Management Agency, including the functions of the 
  Department under paragraphs (3) and (8) of section 430(c) and sections 
  502 (other than paragraph (2)) and 503(1) of the Homeland Security Act 
  of 2002 (6 U.S.C. 238(c), 312, 313) and other functions of the 
  Preparedness Directorate of the Department (other than those functions 
  relating to law enforcement efforts to prevent and deter acts of 
  terrorism, protect critical infrastructure, and conduct intelligence 
  activities), the functions relating to firefighter assistance grants 
  under the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
  2229 et seq.), and the functions relating to the Federal Emergency 
  Management Agency under any other law, including those functions 
  relating to emergency management performance grants, under the National 
  Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. 
  Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
  et seq.), the Earthquake Hazards Reductions Act of 1977 (42 U.S.C. 7701 
  et seq.), the National Dam Safety Program Act (33 U.S.C. 467 et seq.), 
  and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.).
      (b) Transition Period.--The transfers under this section shall be 
  carried out as soon as practicable after the date of enactment of this 
  Act, but not later than the 120th day following the date of enactment 
  of this Act. During the transition period, the Secretary of Homeland 
  Security shall provide to the Director of the Federal Emergency 
  Management Agency such assistance, including the use of personnel and 
  assets, as the Director may request in preparing for the transfer.
  
  SEC. 4. SAVINGS PROVISIONS.
  
      (a) Personnel Provisions.--
              (1) 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 section 3. 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.
              (2) Experts and consultants.--The Director 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 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.
      (b) Delegation and Assignment.--Except where otherwise expressly 
  prohibited by law or otherwise provided by this Act, the Director may 
  delegate any of the functions transferred to the Director by section 3 
  and any function transferred or granted to the Director after the date 
  of the transfers by section 3 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 
  under this subsection or under any other provision of this Act shall 
  relieve the Director of responsibility for the administration of such 
  functions.
      (c) Reorganization.--The Director is authorized to allocate or 
  reallocate any function transferred under section 3 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 
  if the Director, on or before the 30th day preceding the date of the 
  allocation or reallocation, provides to the Committee on Transportation 
  and Infrastructure of the House of Representatives and the Committee on 
  Homeland Security and Government Affairs of the Senate written notice 
  of the allocation or reallocation.
      (d) Rules.--The Director 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.
      (e) Transfer and Allocations of Appropriations and Personnel.--
  Except as otherwise provided in this section, 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 3, 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 subsection shall 
  be used only for the purposes for which the funds were originally 
  authorized and appropriated.
      (f) 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 section 3, 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 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.
      (g) Effect on Personnel.--
              (1) In general.--Except as otherwise provided by this 
          section, the transfer pursuant to this section 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 section.
              (2) Executive schedule positions.--Except as otherwise 
          provided in this section, any person who, on the day preceding 
          the date of the transfers of functions under section 3, 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.
      (h) Savings Provisions.--
              (1) Continuing effect of legal documents.--All orders, 
          determinations, rules, regulations, permits, agreements, 
          grants, contracts, certificates, licenses, registrations, 
          privileges, and other administrative actions--
                      (A) 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 section 3, and
                      (B) which are in effect on the date of the 
                  transfers of functions under section 3, or were final 
                  before such date and are to become effective on or 
                  after such date,
          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.
              (2) Proceedings not affected.--The provisions of this 
          section and section 3 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 on the 
          date of the transfers of functions under section 3, with 
          respect to functions transferred by section 3 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 
          section and section 3 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 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 section and section 3 had not been enacted.
              (3) Suits not affected.--The provisions of this section and 
          section 3 shall not affect suits commenced before the date of 
          the transfers of functions under section 3, 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 
          section and section 3 had not been enacted.
              (4) 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 section or section 3.
              (5) 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 section 3 may be continued by the Federal Emergency 
          Management Agency with the same effect as if this section and 
          section 3 had not been enacted.
      (i) 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 section 3--
              (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.
      (j) Repeals.--The following provisions of the Homeland Security Act 
  of 2002 (6 U.S.C. 101 et seq.) are repealed:
              (1) Section 503(1).
              (2) Section 507.
target: Federal Emergency Management Agency Restoration Act - Establishes the Federal Emergency Management Agency (FEMA) as a cabinet-level independent establishment in the executive branch that is responsible for emergency preparedness, response, recovery, and mitigation for all hazards, including major disasters, acts of terrorism, and other emergencies.
  
  Requires the FEMA Director to be appointed by the President, by and with the advice and consent of the Senate, from among persons who have extensive experience in emergency preparedness, response, recovery, and mitigation for all hazards, including major disasters, acts of terrorism, and other emergencies.
feat_title: To reestablish the Federal Emergency Management Agency as a cabinet-level independent establishment in the executive branch that is responsible for the Nation's preparedness and response to disasters, and for other purposes.