Sec. 15. Transfer of functions

626 words·~3 min read·/bill/119/hr/4669/ih/section-15

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Except as provided by subsection (c), there shall be transferred to the Administrator of the Federal Emergency Management Agency the following: All functions of the Federal Emergency Management Agency, as constituted on the day before the date of enactment of this Act, including continuity of operations and continuity of Government plans and programs. The functions relating to the Agency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) and other laws, including— the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ); the Earthquake Hazards Reduction Act of 1977 ( 42 U.S.C. 7701 et seq. ); the National Dam Safety Program Act ( 33 U.S.C. 467 et seq. ); the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2201 et seq. );

Reorganization Plan No. 3 of 1978 (5 U.S.C. App.); section 612 of the Security and Accountability For Every Port Act of 2006 ( 6 U.S.C. 314a ); title III of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11331 et seq. ); the Department of Homeland Security Appropriations Act, 2007 ( Public Law 109–295 ); the Disaster Relief Appropriations Act, 2013 ( Public Law 113–2 ); the FAA Reauthorization Act of 2018 ( Public Law 115–254 ); the Bipartisan Budget Act of 2018 ( Public Law 115–123 ); the Implementing Recommendations of the 9/11 Commission Act of 2007 ( Public Law 110–53 ); and any other relevant laws relating to the Agency.

There shall be transferred to the Inspector General of the Federal Emergency Management Agency all of the 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. The following programs shall not be affected by this Act and shall remain within the Department of Homeland Security: The grant programs authorized by sections 1406, 1513, and 1532 of the Implementing Recommendations of the 9/11 Commission Act ( 6 U.S.C. 1135 , 1163, and 1182).

The grant program authorized by section 70107 of title 46, United States Code. Programs authorized in subtitle A of title XX of the Homeland Security Act of 2002 ( 6 U.S.C. 603 et seq. ). With respect to the programs under paragraph (1), the Secretary of Homeland Security and the Administrator shall enter into a memorandum of understanding providing that— during the transition period under subsection (e), the Administrator shall continue to administer such programs; and the Administrator may assess a fee on the Secretary for the administration of such programs and any additional programs, as considered necessary by the Administrator or the Secretary.

Nothing in this Act shall be construed to affect the appointment of the United States Fire Administrator under section 5(b) of the Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2204(b) ) or the Federal Insurance Administrator under section 1105(a) of the Housing and Urban Development Act of 1968 ( 42 U.S.C. 4129 ). The transfers under this section shall be carried out not later than 1 year after the date of enactment of this Act. During the transition period, the Secretary of Homeland Security shall provide to the Administrator such assistance, including the use of personnel and assets, as the Administrator may request in preparing for the transfer.

The Administrator may use— the services of such officers, employees, and other personnel of the Department of Homeland Security with respect to functions transferred by this section; and funds appropriated to such functions for such period of time as may reasonably be needed to facilitate the orderly implementation of this section. The Administrator shall establish a liaison office within the Agency to ensure adequate coordination with the Department of Homeland Security.

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U.S. Code