article: 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.
summary: 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.