text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Federal Emergency Management Agency 
  Sunset Act of 1993''.
  
  SEC. 2. TRANSFER OF FUNCTIONS.
  
      (a) In General.--There are transferred to and vested in the 
  Secretary of Defense all functions, powers, and duties of the Director 
  of the Federal Emergency Management Agency under the Robert T. Stafford 
  Disaster Relief and Emergency Assistance Act and any other provision of 
  law.
      (b) Effective Date.--The transfer of authority under subsection (a) 
  shall take effect beginning on the 90th day after the date of the 
  enactment of this Act.
  
  SEC. 3. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.
  
      (a) In General.--The personnel (including members of the Senior 
  Executive Service) employed in connection with, and the assets, 
  liabilities, contracts, property, records, and unexpended balances of 
  appropriations, authorizations, allocations, and other funds employed, 
  held, used, arising from, available to or to be made available in 
  connection with, any function transferred by section 2 of this Act, 
  subject to section 1531 of title 31, United States Code, shall be 
  transferred to the Secretary of Defense for appropriate allocation. 
  Personnel employed in connection with functions so transferred or 
  transferred in accordance with any other lawful authority, shall be 
  transferred in accordance with any applicable laws and regulations 
  relating to transfer of functions. Unexpended funds transferred 
  pursuant to this subsection shall only be used for the purpose for 
  which the funds were originally authorized and appropriated.
      (b) Facilitation of Transfer by O.M.B.--In order to facilitate the 
  transfers made by section 2 of this Act, the Director of the Office of 
  Management and Budget is authorized and directed, in consultation with 
  the Director of the Federal Emergency Management Agency and the 
  Secretary of Defense, to make such determinations as may be necessary 
  with regard to the functions so transferred, and to make such 
  additional incidental dispositions of personnel, assets, liabilities, 
  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 resolve any disputes 
  between the Director of the Federal Emergency Management Agency and the 
  Secretary of Defense.
      (c) Planning.--The Director of the Federal Emergency Management 
  Agency and the Secretary of Defense shall, beginning as soon as 
  practicable after the date of the enactment of this Act, jointly plan 
  for the orderly transfer of functions and personnel pursuant to this 
  Act.
  
  SEC. 4. EFFECT ON PERSONNEL.
  
      (a) Rate of Pay.--Employees covered by the merit pay system under 
  chapter 54 of title 5, United States Code, who are transferred under 
  section 3 of this Act to the Department of Defense shall have their 
  rate of basic pay adjusted in accordance with section 5402 of such 
  title. With respect to the evaluation period during which such an 
  employee is transferred, merit pay determinations for that employee 
  shall be based on the factors in section 5402(b)(2) of such title as 
  appraised in performance appraisals administered by the Federal 
  Emergency Management Agency in accordance with chapter 43 of title 5, 
  United States Code, in addition to those administered by the agency to 
  which the employee is transferred.
      (b) Use of Services of F.E.M.A. Personnel.--With the consent of the 
  Director of the Federal Emergency Management Agency, the Secretary of 
  Defense is authorized to use the services of such officers, employees, 
  and other personnel of the Federal Emergency Management Agency for such 
  period of time as may reasonably be needed to facilitate the orderly 
  transfer of such functions.
  
  SEC. 5. SAVING PROVISIONS.
  
      (a) Existing Orders, Determinations, Rules, Regulations, and 
  Agreements.--All orders, determinations, rules, regulations, and 
  agreements--
              (1) which have been issued, made, granted, or allowed to 
          become effective by the President, any agency or official 
          thereof, or by a court of competent jurisdiction, in the 
          performance of any function which is transferred by section 2 
          of this Act; and
              (2) which are in effect on the date of the enactment of 
          this Act,
  shall continue in effect according to their terms until modified, 
  terminated, superseded, set aside, or revoked in accordance with law by 
  the Secretary of Defense, or other authorized officials, a court of 
  competent jurisdiction, or by operation of law.
      (b) Pending Applications.--The transfers of functions made by 
  section 2 of this Act shall not affect any application for any 
  financial assistance pending at the time such transfers take effect 
  before the Director of the Federal Emergency Management Agency.
      (c) Pending Suits.--Except as provided in subsection (e)--
              (1) the transfer of any function under section 2 of this 
          Act shall not affect any suit relating to such function which 
          is commenced prior to the date the transfer takes effect; and
              (2) in all such suits, proceedings shall be had, appeals 
          taken, and judgments rendered in the same manner and effect as 
          if section 2 of this Act had not been enacted.
      (d) Causes of Action.--No suit, action, or other proceeding 
  commenced by or against any officer in his official capacity as an 
  officer of the Federal Emergency Management Agency shall abate by 
  reason of the transfer of any function under section 2 of this Act. No 
  cause of action by or against the Federal Emergency Management Agency, 
  or by or against any officer thereof in his official capacity, shall 
  abate by reason of the transfer of any function under section 2 of this 
  Act.
      (e) Party to a Suit.--If, before the date of the enactment of this 
  Act, the Federal Emergency Management Agency, or officer thereof in his 
  official capacity, is a party to a suit relating to a function 
  transferred by section 2 of this Act, then such suit shall be continued 
  with the Secretary of Defense.
      (f) References.--With respect to any function transferred to the 
  Secretary of Defense by section 2 of this Act and exercised after the 
  effective date of such transfer, reference in any Federal law to the 
  Federal Emergency Management Agency, or to any officer or office of the 
  Federal Emergency Management Agency, shall be deemed to refer to the 
  Department of Defense, or other official or component of the Department 
  of Defense.
      (g) Force and Effect of Actions.--In the exercise of any function 
  transferred under section 2 of this Act, the Secretary of Defense shall 
  have the same authority as that vested in the Director of the Federal 
  Emergency Management Agency with respect to such function, immediately 
  preceding its transfer, and actions of the Secretary of Defense shall 
  have the same force and effect as when exercised by the Director of the 
  Federal Emergency Management Agency.
      (h) Continuity.--In exercising any function transferred by section 
  2 of this Act, the Secretary of Defense shall give full consideration 
  to the need for operational continuity of the function transferred.
target: Federal Emergency Management Agency Sunset Act of 1993 - Transfers all powers, funds, and personnel of the Federal Emergency Management Agency to the Secretary of Defense. 
  Provides for the adjustment of the rate of basic pay of personnel transferred to the Department of Defense who are currently covered by Federal merit pay provisions. 
  Continues all existing orders, rules, regulations, and agreements and pending applications for financial assistance or lawsuits concerning functions transferred under this Act.
feat_title: Federal Emergency Management Agency Sunset Act of 1993