107 S1246 IS: FEMA Independence Act of 2025
U.S. Senate
2025-04-02
text/xml
EN
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II
119th CONGRESS
1st Session
S. 1246
IN THE SENATE OF THE UNITED STATES
April 2, 2025
Mr. Tillis (for himself and Mr. Padilla) introduced the following bill; 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 agency, and for other purposes.
1.

Short title; table of contents
(a)

Short title
This Act may be cited as the “FEMA Independence Act of 2025”.
(b)

Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Establishment of FEMA as cabinet-level independent agency.
Sec. 4. Director; deputy directors; regional offices.
Sec. 5. Authority and responsibilities.
Sec. 6. Transfer of functions.
Sec. 7. Personnel and other transfers.
Sec. 8. Savings provisions.
Sec. 9. References.
Sec. 10. Offices and functions of Department of Homeland Security.
Sec. 11. Homeland security grants.
Sec. 12. Conforming amendments to other laws.
Sec. 13. Report on recommended legislation.
2.

Definitions
In this Act:
(1)

Agency
The term “Agency” means the Federal Emergency Management Agency established under section 3.
(2)

Director
The term “Director” means the Director of the Agency.
(3)

Hazard
The term “hazard”—
(A)
has the meaning given the term in section 602(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195a(a)); and
(B)
includes any major disaster or emergency declared under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170, 5191).
3.

Establishment of FEMA as cabinet-level independent agency
(a)

In general
There is established the Federal Emergency Management Agency as an executive department of the United States within the meaning of title 5, United States Code.
(b)

Mission
The primary mission of the Agency shall be to reduce the loss of life and property and protect the United States from all hazards, including natural disasters, acts of terrorism, and other man-made disasters, by leading and supporting the United States in a risk-based, comprehensive emergency management system of preparedness, protection, response, recovery, and mitigation.
4.

Director; deputy directors; regional offices
(a)

Director
(1)

In general
The Agency shall be headed by a Director, who—
(A)
shall be appointed by the President, by and with the advice and consent of the Senate; and
(B)
shall report directly to the President.
(2)

Qualifications
The President shall appoint the Director from among individuals who have—
(A)
a demonstrated ability in and knowledge of emergency management and homeland security; and
(B)
not less than 5 years of executive leadership and management experience in the public sector and 5 years of such experience in the private sector.
(3)

Executive schedule
Title 5, United States Code, is amended—
(A)
in section 5312, by adding at the end the following:
“Director of the Federal Emergency Management Agency.”; and
(B)
in section 5313, by striking “Administrator of the Federal Emergency Management Agency.”.
(b)

Deputy directors
(1)

In general
The President may appoint, by and with the advice and consent of the Senate, not more than 4 Deputy Directors of the Agency to assist the Director in carrying out the functions and authorities of the Director.
(2)

Executive schedule
Section 5314 of title 5, United States Code, is amended by striking “Deputy Administrators, Federal Emergency Management Agency” and inserting “Deputy Directors, Federal Emergency Management Agency”.
(c)

Regional offices
(1)

In general
There shall be in the Agency 10 Regional Offices, as identified by the Director.
(2)

Regional Directors
Each Regional Office of the Agency shall be headed by a Regional Director, who shall be appointed by the Director.
5.

Authority and responsibilities
(a)

In general
The Director shall provide the Federal leadership necessary to prepare for, respond to, recover from, and mitigate hazards.
(b)

Stafford Act
The Director shall—
(1)
assist the President in carrying out the functions under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); and
(2)
carry out all functions and authorities given to the Administrator of the Federal Emergency Management Agency under that Act.
(c)

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—
(1)
mitigation by taking sustained actions to reduce or eliminate long-term risks to people and property from hazards and the effects of hazards;
(2)
preparedness by planning, training, conducting exercises, and building the emergency management profession to prepare effectively for mitigating, responding to, and recovering from any hazard;
(3)
response by conducting emergency operations to save lives and property through—
(A)
positioning emergency equipment, personnel, and supplies;
(B)
evacuating potential victims;
(C)
providing food, water, shelter, and medical care to individuals in need; and
(D)
restoring critical public services; and
(4)
recovery by rebuilding communities so that individuals, businesses, and governments can—
(A)
function independently;
(B)
return to normal life; and
(C)
protect against future hazards.
(d)

Response duties
In carrying out subsection (c)(3), the Director, at a minimum, shall—
(1)
help to ensure the effectiveness of emergency response providers in responding to a hazard;
(2)
coordinate and provide the Federal Government’s response to hazards;
(3)
build a comprehensive national incident management system with Federal, State, and local government personnel, agencies, and authorities to respond to hazards;
(4)
consolidate Federal Government emergency response plans existing as of the date of enactment of this Act into a single, coordinated plan to be known as the “National Response Plan”;
(5)
administer and ensure the implementation of the National Response Plan described in paragraph (4), including by coordinating and ensuring the readiness of each emergency support function under the National Response Plan; and
(6)
help ensure the acquisition of operable and interoperable communications capabilities by Federal, State, local, and Tribal governments and emergency response providers.
(e)

Continuity of Government
The Director shall prepare and implement the plans and programs of the Federal Government for—
(1)
continuity of operations;
(2)
continuity of Government; and
(3)
continuity of plans.
(f)

Other duties
The Director shall—
(1)
coordinate the National Advisory Council established under section 502 of the Homeland Security Act of 2002, as redesignated by section 11;
(2)
maintain and operate within the Agency the National Response Coordination Center (or any successor center);
(3)
develop and maintain a national emergency management system that is capable of preparing for, responding to, recovering from, and mitigating hazards of all magnitudes, including catastrophic disasters; and
(4)
supervise grant programs administered by the Agency.
(g)

All-Hazards approach
In carrying out the responsibilities under this section, the Director shall coordinate the implementation of an all-hazards strategy that builds the common capabilities that are necessary to prepare for, respond to, recover from, and mitigate hazards.
6.

Transfer of functions
(a)

In general
There shall be transferred to the Director all functions of the Federal Emergency Management Agency, as such Agency was constituted on the day before the date of enactment of this Act.
(b)

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 1, 2003.
(c)

Transition period
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 Director such assistance, including the use of personnel and assets, as the Director may request in preparing for the transfer.
7.

Personnel and other transfers
(a)

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 6.
(b)

Transfer and allocations of appropriations and personnel
Except as otherwise provided in this Act, 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 under section 6, subject to section 1531 of title 31, United States Code, shall be transferred to the Agency. Unexpended funds transferred pursuant to this subsection shall be used only for the purposes for which the funds were originally authorized and appropriated.
(c)

Incidental transfers
The Director of the Office of Management and Budget, in consultation with the Director, may make such determinations as may be necessary with regard to the functions transferred under section 6, and may 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.
(d)

Effect on personnel
(1)

In general
Except as otherwise provided by this Act, the transfer pursuant to this Act 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 1 year after the date of transfer of such employee under this Act.
(2)

Executive schedule positions
Except as otherwise provided in this Act, any person who, on the day preceding the date of the transfers of functions under section 6, 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 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.
8.

Savings provisions
(a)

Continuing effect of legal documents and actions
(1)

In general
The legal documents and actions described in paragraph (2) 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, other authorized official, a court of competent jurisdiction, or by operation of law.
(2)

Legal documents and actions described
The legal documents and actions described in this paragraph are all orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions that—
(A)
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 that are transferred under section 6; and
(B)
(i)
are in effect on the date of the transfers of functions under section 6; and
(ii)
or were final before the date of the transfers of functions under section 6 and are to become effective on or after such date.
(b)

Proceedings not affected
The provisions of this Act shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before the Agency on the date of the transfers of functions under section 6, with respect to functions transferred under section 6, 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 Act 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 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 enacted.
(c)

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 6, and in all such causes of action, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted.
(d)

Nonabatement of causes of action
No cause of action commenced by or against the Agency, or by or against any individual in the official capacity of such individual as an officer of the Agency, shall abate by reason of the enactment of this Act.
(e)

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 6 may be continued by the Agency with the same effect as if this Act had not been enacted.
9.

References
(a)

References to FEMA
Any reference to the Federal Emergency Management Agency in any law, Executive order, rule, regulation, certificate, directive, instruction, delegation of authority, or other official paper shall be considered to refer and apply to the Agency.
(b)

References to Director or Administrator of FEMA
Any reference to the Director or the Administrator of the Federal Emergency Management Agency in any law, Executive order, rule, regulation, certificate, directive, instruction, delegation of authority, or other official paper shall be construed to refer and apply to the Director.
(c)

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 1, 2003, in any law, Executive order, rule, regulation, certificate, directive, instruction, delegation of authority, 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 office.
10.

Offices and functions of Department of Homeland Security
(a)

Repeals
The following provisions of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) are repealed:
(1)
Section 501 (6 U.S.C. 311).
(2)
Section 503 (6 U.S.C. 313).
(3)
Section 504 (6 U.S.C. 314).
(4)
Section 505 (6 U.S.C. 315).
(5)
Section 506 (6 U.S.C. 316).
(6)
Section 507 (6 U.S.C. 317).
(7)
Section 509 (6 U.S.C. 319).
(8)
Section 510 (6 U.S.C. 320).
(9)
Section 513 (6 U.S.C. 321b).
(10)
Section 514 (6 U.S.C. 321c).
(11)
Section 519 (6 U.S.C. 321h).
(b)

Redesignations
Sections 502, 508, 511, 512, 515, 517, 518, 520, 521, 522, 523, 524, 525, 526, 527, 528, and 529 of the Homeland Security Act of 2002 (6 U.S.C. 312, 321, 321a, 321d, 321f, 321g, 321i, 321j, 321k, 321l, 321m, 321n, 321o, 321p, 321q, and 321r) are redesignated as sections 501 through 517, respectively.
(c)

Title heading
The heading for title V of the Homeland Security Act of 2002 is amended by striking “National Emergency Management” and inserting “Other Offices and Functions”.
(d)

Table of contents
The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107–296; 116 Stat. 2135) is amended by striking the items relating to title V and inserting the following:
“TITLE V—OTHER OFFICES AND FUNCTIONS
Sec. 501. Definition.
Sec. 502. National Advisory Council
Sec. 503. The National Infrastructure Simulation and Analysis Center.
Sec. 504. Evacuation plans and exercises.
Sec. 505. National Operations Center.
Sec. 506. Nuclear incident response.
Sec. 507. Conduct of certain public health-related activities.
Sec. 508. Use of commercially available technology, goods, and services.
Sec. 509. Procurement of security countermeasures for strategic national stockpile.
Sec. 510. Model standards and guidelines for critical infrastructure workers.
Sec. 511. Guidance and recommendations.
Sec. 512. Voluntary private sector preparedness accreditation and certification program.
Sec. 513. Acceptance of gifts.
Sec. 514. Integrated public alert and warning system modernization.
Sec. 515. National planning and education.
Sec. 516. Coordination of Department of Homeland Security efforts related to food, agriculture, and veterinary defense against terrorism.
Sec. 517. Transfer of equipment during a public health emergency.”.
(e)

Effective date
The amendments made by this section shall take effect on the date on which the transfers of functions under section 6 are carried out.
11.

Homeland security grants
(a)

References to Administrator
Title XX of the Homeland Security Act of 2002 (6 U.S.C. 601 et seq.) is amended—
(1)
in section 2002(a) (6 U.S.C. 603(a)), by striking “, through the Administrator,”;
(2)
in section 2009(a) (6 U.S.C. 609a(a)), by striking “, acting through the Administrator,”;
(3)
in the subsection heading for section 2022(c) (6 U.S.C. 612(c)), by striking “by the Administrator”; and
(4)
by striking “Administrator” each place it appears and inserting “Secretary”.
(b)

Exceptions
Title XX of the Homeland Security Act of 2002 (6 U.S.C. 601 et seq.), as amended by subsection (a), is further amended—
(1)
in section 2001(1) (6 U.S.C. 601(1)), by striking “Secretary” each place it appears and inserting “Director”;
(2)
in section 2006(b)(4)(F) (6 U.S.C. 607(b)(4)(F)), by striking “Secretary” and inserting “Director”; and
(3)
in section 2006(b)(5) (6 U.S.C. 607(b)(5)), by striking “Secretary” and inserting “Director”.
(c)

Effective date
The amendments made by this section shall take effect on the date on which the transfers of functions under section 6 are carried out.
12.

Conforming amendments to other laws
(a)

Improvements to information technology
Section 640(a) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 727(a)) is amended, in the matter preceding paragraph (1), by striking “, in coordination with the Chief Information Officer of the Department,”.
(b)

Chief Financial Officer
Section 901(b)(2) of title 31, United States Code, is amended by adding at the end the following:
“(H)
The Federal Emergency Management Agency.”.
(c)

References
Subsection (c) of section 612 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 313 note) is repealed.
(d)

Effective date
The amendments made by this section shall take effect on the date on which the transfers of functions under section 6 are carried out.
13.

Report on recommended legislation
Not later than 90 days after the last day of the transition period described in section 6(c), the Director, in consultation with Congress, shall submit to Congress a report describing recommended legislation for additional technical and conforming amendments to reflect the changes made by this Act.