II
119THCONGRESS
1
STSESSION S. 1246
To establish the Federal Emergency Management Agency as a cabinet-level
independent agency, and for other purposes.
IN THE SENATE OF THE UNITED STATES
APRIL2, 2025
Mr. T
ILLIS(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 pur-
poses.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3
(a) S
HORTTITLE.—This Act may be cited as the 4
‘‘FEMA Independence Act of 2025’’. 5
(b) T
ABLE OFCONTENTS.—The table of contents for 6
this Act is as follows: 7
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.
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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.
SEC. 2. DEFINITIONS.
1
In this Act: 2
(1) A
GENCY.—The term ‘‘Agency’’ means the 3
Federal Emergency Management Agency established 4
under section 3. 5
(2) D
IRECTOR.—The term ‘‘Director’’ means 6
the Director of the Agency. 7
(3) H
AZARD.—The term ‘‘hazard’’— 8
(A) has the meaning given the term in sec-9
tion 602(a) of the Robert T. Stafford Disaster 10
Relief and Emergency Assistance Act (42 11
U.S.C. 5195a(a)); and 12
(B) includes any major disaster or emer-13
gency declared under section 401 or 501, re-14
spectively, of the Robert T. Stafford Disaster 15
Relief and Emergency Assistance Act (42 16
U.S.C. 5170, 5191). 17
SEC. 3. ESTABLISHMENT OF FEMA AS CABINET-LEVEL 18
INDEPENDENT AGENCY. 19
(a) I
NGENERAL.—There is established the Federal 20
Emergency Management Agency as an executive depart-21
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ment of the United States within the meaning of title 5, 1
United States Code. 2
(b) M
ISSION.—The primary mission of the Agency 3
shall be to reduce the loss of life and property and protect 4
the United States from all hazards, including natural dis-5
asters, acts of terrorism, and other man-made disasters, 6
by leading and supporting the United States in a risk- 7
based, comprehensive emergency management system of 8
preparedness, protection, response, recovery, and mitiga-9
tion. 10
SEC. 4. DIRECTOR; DEPUTY DIRECTORS; REGIONAL OF-11
FICES. 12
(a) D
IRECTOR.— 13
(1) I
N GENERAL.—The Agency shall be headed 14
by a Director, who— 15
(A) shall be appointed by the President, by 16
and with the advice and consent of the Senate; 17
and 18
(B) shall report directly to the President. 19
(2) Q
UALIFICATIONS.—The President shall ap-20
point the Director from among individuals who 21
have— 22
(A) a demonstrated ability in and knowl-23
edge of emergency management and homeland 24
security; and 25
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(B) not less than 5 years of executive lead-1
ership and management experience in the public 2
sector and 5 years of such experience in the pri-3
vate sector. 4
(3) E
XECUTIVE SCHEDULE .—Title 5, United 5
States Code, is amended— 6
(A) in section 5312, by adding at the end 7
the following: 8
‘‘Director of the Federal Emergency Management 9
Agency.’’; and 10
(B) in section 5313, by striking ‘‘Adminis-11
trator of the Federal Emergency Management 12
Agency.’’. 13
(b) D
EPUTYDIRECTORS.— 14
(1) I
N GENERAL.—The President may appoint, 15
by and with the advice and consent of the Senate, 16
not more than 4 Deputy Directors of the Agency to 17
assist the Director in carrying out the functions and 18
authorities of the Director. 19
(2) E
XECUTIVE SCHEDULE .—Section 5314 of 20
title 5, United States Code, is amended by striking 21
‘‘Deputy Administrators, Federal Emergency Man-22
agement Agency’’ and inserting ‘‘Deputy Directors, 23
Federal Emergency Management Agency’’. 24
(c) R
EGIONALOFFICES.— 25
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(1) IN GENERAL.—There shall be in the Agency 1
10 Regional Offices, as identified by the Director. 2
(2) R
EGIONAL DIRECTORS.—Each Regional Of-3
fice of the Agency shall be headed by a Regional Di-4
rector, who shall be appointed by the Director. 5
SEC. 5. AUTHORITY AND RESPONSIBILITIES. 6
(a) I
NGENERAL.—The Director shall provide the 7
Federal leadership necessary to prepare for, respond to, 8
recover from, and mitigate hazards. 9
(b) S
TAFFORDACT.—The Director shall— 10
(1) assist the President in carrying out the 11
functions under the Robert T. Stafford Disaster Re-12
lief and Emergency Assistance Act (42 U.S.C. 5121 13
et seq.); and 14
(2) carry out all functions and authorities given 15
to the Administrator of the Federal Emergency 16
Management Agency under that Act. 17
(c) M
ISSION.—The Director shall carry out the mis-18
sion of the Agency by leading and supporting the United 19
States in a comprehensive emergency management system 20
of— 21
(1) mitigation by taking sustained actions to re-22
duce or eliminate long-term risks to people and 23
property from hazards and the effects of hazards; 24
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(2) preparedness by planning, training, con-1
ducting exercises, and building the emergency man-2
agement profession to prepare effectively for miti-3
gating, responding to, and recovering from any haz-4
ard; 5
(3) response by conducting emergency oper-6
ations to save lives and property through— 7
(A) positioning emergency equipment, per-8
sonnel, and supplies; 9
(B) evacuating potential victims; 10
(C) providing food, water, shelter, and 11
medical care to individuals in need; and 12
(D) restoring critical public services; and 13
(4) recovery by rebuilding communities so that 14
individuals, businesses, and governments can— 15
(A) function independently; 16
(B) return to normal life; and 17
(C) protect against future hazards. 18
(d) R
ESPONSEDUTIES.—In carrying out subsection 19
(c)(3), the Director, at a minimum, shall— 20
(1) help to ensure the effectiveness of emer-21
gency response providers in responding to a hazard; 22
(2) coordinate and provide the Federal Govern-23
ment’s response to hazards; 24
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(3) build a comprehensive national incident 1
management system with Federal, State, and local 2
government personnel, agencies, and authorities to 3
respond to hazards; 4
(4) consolidate Federal Government emergency 5
response plans existing as of the date of enactment 6
of this Act into a single, coordinated plan to be 7
known as the ‘‘National Response Plan’’; 8
(5) administer and ensure the implementation 9
of the National Response Plan described in para-10
graph (4), including by coordinating and ensuring 11
the readiness of each emergency support function 12
under the National Response Plan; and 13
(6) help ensure the acquisition of operable and 14
interoperable communications capabilities by Fed-15
eral, State, local, and Tribal governments and emer-16
gency response providers. 17
(e) C
ONTINUITY OF GOVERNMENT.—The Director 18
shall prepare and implement the plans and programs of 19
the Federal Government for— 20
(1) continuity of operations; 21
(2) continuity of Government; and 22
(3) continuity of plans. 23
(f) O
THERDUTIES.—The Director shall— 24
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(1) coordinate the National Advisory Council 1
established under section 502 of the Homeland Se-2
curity Act of 2002, as redesignated by section 11; 3
(2) maintain and operate within the Agency the 4
National Response Coordination Center (or any suc-5
cessor center); 6
(3) develop and maintain a national emergency 7
management system that is capable of preparing for, 8
responding to, recovering from, and mitigating haz-9
ards of all magnitudes, including catastrophic disas-10
ters; and 11
(4) supervise grant programs administered by 12
the Agency. 13
(g) A
LL-HAZARDSAPPROACH.—In carrying out the 14
responsibilities under this section, the Director shall co-15
ordinate the implementation of an all-hazards strategy 16
that builds the common capabilities that are necessary to 17
prepare for, respond to, recover from, and mitigate haz-18
ards. 19
SEC. 6. TRANSFER OF FUNCTIONS. 20
(a) I
NGENERAL.—There shall be transferred to the 21
Director all functions of the Federal Emergency Manage-22
ment Agency, as such Agency was constituted on the day 23
before the date of enactment of this Act. 24
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(b) INSPECTORGENERAL.—There shall be trans-1
ferred to the Inspector General of the Federal Emergency 2
Management Agency all functions relating to the Inspector 3
General that were transferred from the Federal Emer-4
gency Management Agency to the Department of Home-5
land Security on or after January 1, 2003. 6
(c) T
RANSITIONPERIOD.—The transfers under this 7
section shall be carried out not later than 1 year after 8
the date of enactment of this Act. During the transition 9
period, the Secretary of Homeland Security shall provide 10
to the Director such assistance, including the use of per-11
sonnel and assets, as the Director may request in pre-12
paring for the transfer. 13
SEC. 7. PERSONNEL AND OTHER TRANSFERS. 14
(a) P
ERSONNELAPPOINTMENTS.—The Director may 15
appoint and fix the compensation of such officers and em-16
ployees as may be necessary to carry out the respective 17
functions transferred under section 6. 18
(b) T
RANSFER AND ALLOCATIONS OF APPROPRIA-19
TIONS ANDPERSONNEL.—Except as otherwise provided 20
in this Act, the personnel employed in connection with, 21
and the assets, liabilities, contracts, property, records, and 22
unexpended balances of appropriations, authorizations, al-23
locations, and other funds employed, used, held, arising 24
from, available to, or to be made available in connection 25
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with the functions transferred under section 6, subject to 1
section 1531 of title 31, United States Code, shall be 2
transferred to the Agency. Unexpended funds transferred 3
pursuant to this subsection shall be used only for the pur-4
poses for which the funds were originally authorized and 5
appropriated. 6
(c) I
NCIDENTALTRANSFERS.—The Director of the 7
Office of Management and Budget, in consultation with 8
the Director, may make such determinations as may be 9
necessary with regard to the functions transferred under 10
section 6, and may make such additional incidental dis-11
positions of personnel, assets, liabilities, grants, contracts, 12
property, records, and unexpended balances of appropria-13
tions, authorizations, allocations, and other funds held, 14
used, arising from, available to, or to be made available 15
in connection with such functions, as may be necessary 16
to carry out the provisions of this Act. The Director of 17
the Office of Management and Budget shall provide for 18
the termination of the affairs of all entities terminated by 19
this Act and for such further measures and dispositions 20
as may be necessary to effectuate the purposes of this Act. 21
(d) E
FFECT ONPERSONNEL.— 22
(1) I
N GENERAL.—Except as otherwise pro-23
vided by this Act, the transfer pursuant to this Act 24
of full-time personnel (except special Government 25
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employees) and part-time personnel holding perma-1
nent positions shall not cause any such employee to 2
be separated or reduced in grade or compensation 3
for 1 year after the date of transfer of such em-4
ployee under this Act. 5
(2) E
XECUTIVE SCHEDULE POSITIONS .—Except 6
as otherwise provided in this Act, any person who, 7
on the day preceding the date of the transfers of 8
functions under section 6, held a position com-9
pensated in accordance with the Executive Schedule 10
prescribed in chapter 53 of title 5, United States 11
Code, and who, without a break in service, is ap-12
pointed in the Agency to a position having duties 13
comparable to the duties performed immediately pre-14
ceding such appointment shall continue to be com-15
pensated in such new position at not less than the 16
rate provided for such previous position, for the du-17
ration of the service of such person in such new po-18
sition. 19
SEC. 8. SAVINGS PROVISIONS. 20
(a) C
ONTINUINGEFFECT OFLEGALDOCUMENTS 21
ANDACTIONS.— 22
(1) I
N GENERAL.—The legal documents and ac-23
tions described in paragraph (2) shall continue in ef-24
fect according to their terms until modified, termi-25
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nated, superseded, set aside, or revoked in accord-1
ance with law by the President, the Director, other 2
authorized official, a court of competent jurisdiction, 3
or by operation of law. 4
(2) L
EGAL DOCUMENTS AND ACTIONS DE -5
SCRIBED.—The legal documents and actions de-6
scribed in this paragraph are all orders, determina-7
tions, rules, regulations, permits, agreements, 8
grants, contracts, certificates, licenses, registrations, 9
privileges, and other administrative actions that— 10
(A) have been issued, made, granted, or al-11
lowed to become effective by the President, any 12
Federal agency or official thereof, or by a court 13
of competent jurisdiction, in the performance of 14
functions that are transferred under section 6; 15
and 16
(B)(i) are in effect on the date of the 17
transfers of functions under section 6; and 18
(ii) or were final before the date of the 19
transfers of functions under section 6 and are 20
to become effective on or after such date. 21
(b) P
ROCEEDINGSNOTAFFECTED.—The provisions 22
of this Act shall not affect any proceedings, including no-23
tices of proposed rulemaking, or any application for any 24
license, permit, certificate, or financial assistance pending 25
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before the Agency on the date of the transfers of functions 1
under section 6, with respect to functions transferred 2
under section 6, but such proceedings and applications 3
shall continue. Orders shall be issued in such proceedings, 4
appeals shall be taken therefrom, and payments shall be 5
made pursuant to such orders, as if this Act had not been 6
enacted, and orders issued in any such proceedings shall 7
continue in effect until modified, terminated, superseded, 8
or revoked by a duly authorized official, by a court of com-9
petent jurisdiction, or by operation of law. Nothing in this 10
subsection shall be construed to prohibit the discontinu-11
ance or modification of any such proceeding under the 12
same terms and conditions and to the same extent that 13
such proceeding could have been discontinued or modified 14
if this Act had not been enacted. 15
(c) C
AUSES OFACTIONNOTAFFECTED.—The provi-16
sions of this Act shall not affect any cause of action com-17
menced before the date of the transfers of functions under 18
section 6, and in all such causes of action, proceedings 19
shall be had, appeals taken, and judgments rendered in 20
the same manner and with the same effect as if this Act 21
had not been enacted. 22
(d) N
ONABATEMENT OF CAUSES OFACTION.—No 23
cause of action commenced by or against the Agency, or 24
by or against any individual in the official capacity of such 25
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individual as an officer of the Agency, shall abate by rea-1
son of the enactment of this Act. 2
(e) A
DMINISTRATIVEACTIONSRELATING TOPRO-3
MULGATION OF REGULATIONS.—Any administrative ac-4
tion relating to the preparation or promulgation of a regu-5
lation by the Agency relating to a function transferred 6
under section 6 may be continued by the Agency with the 7
same effect as if this Act had not been enacted. 8
SEC. 9. REFERENCES. 9
(a) R
EFERENCES TO FEMA.—Any reference to the 10
Federal Emergency Management Agency in any law, Ex-11
ecutive order, rule, regulation, certificate, directive, in-12
struction, delegation of authority, or other official paper 13
shall be considered to refer and apply to the Agency. 14
(b) R
EFERENCES TODIRECTOR ORADMINISTRATOR 15
OFFEMA.—Any reference to the Director or the Admin-16
istrator of the Federal Emergency Management Agency 17
in any law, Executive order, rule, regulation, certificate, 18
directive, instruction, delegation of authority, or other offi-19
cial paper shall be construed to refer and apply to the Di-20
rector. 21
(c) R
EFERENCES TO INSPECTORGENERAL.—Any 22
reference to the Inspector General of the Federal Emer-23
gency Management Agency or to the functions relating to 24
such office that were transferred from the Federal Emer-25
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gency Management Agency to the Department of Home-1
land Security on or after January 1, 2003, in any law, 2
Executive order, rule, regulation, certificate, directive, in-3
struction, delegation of authority, or other official paper 4
shall be construed to refer and apply to the Inspector Gen-5
eral of the Agency or to the functions related to such of-6
fice. 7
SEC. 10. OFFICES AND FUNCTIONS OF DEPARTMENT OF 8
HOMELAND SECURITY. 9
(a) R
EPEALS.—The following provisions of the 10
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) 11
are repealed: 12
(1) Section 501 (6 U.S.C. 311). 13
(2) Section 503 (6 U.S.C. 313). 14
(3) Section 504 (6 U.S.C. 314). 15
(4) Section 505 (6 U.S.C. 315). 16
(5) Section 506 (6 U.S.C. 316). 17
(6) Section 507 (6 U.S.C. 317). 18
(7) Section 509 (6 U.S.C. 319). 19
(8) Section 510 (6 U.S.C. 320). 20
(9) Section 513 (6 U.S.C. 321b). 21
(10) Section 514 (6 U.S.C. 321c). 22
(11) Section 519 (6 U.S.C. 321h). 23
(b) R
EDESIGNATIONS.—Sections 502, 508, 511, 512, 24
515, 517, 518, 520, 521, 522, 523, 524, 525, 526, 527, 25
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528, and 529 of the Homeland Security Act of 2002 (6 1
U.S.C. 312, 321, 321a, 321d, 321f, 321g, 321i, 321j, 2
321k, 321l, 321m, 321n, 321o, 321p, 321q, and 321r) are 3
redesignated as sections 501 through 517, respectively. 4
(c) T
ITLEHEADING.—The heading for title V of the 5
Homeland Security Act of 2002 is amended by striking 6
‘‘NATIONAL EMERGENCY MANAGEMENT ’’ 7
and inserting ‘‘OTHER OFFICES AND FUNC-8
TIONS’’. 9
(d) T
ABLE OFCONTENTS.—The table of contents in 10
section 1(b) of the Homeland Security Act of 2002 (Public 11
Law 107–296; 116 Stat. 2135) is amended by striking 12
the items relating to title V and inserting the following: 13
‘‘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.’’.
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(e) EFFECTIVEDATE.—The amendments made by 1
this section shall take effect on the date on which the 2
transfers of functions under section 6 are carried out. 3
SEC. 11. HOMELAND SECURITY GRANTS. 4
(a) R
EFERENCES TOADMINISTRATOR.—Title XX of 5
the Homeland Security Act of 2002 (6 U.S.C. 601 et seq.) 6
is amended— 7
(1) in section 2002(a) (6 U.S.C. 603(a)), by 8
striking ‘‘, through the Administrator,’’; 9
(2) in section 2009(a) (6 U.S.C. 609a(a)), by 10
striking ‘‘, acting through the Administrator,’’; 11
(3) in the subsection heading for section 12
2022(c) (6 U.S.C. 612(c)), by striking ‘‘
BY THEAD-13
MINISTRATOR’’; and 14
(4) by striking ‘‘Administrator’’ each place it 15
appears and inserting ‘‘Secretary’’. 16
(b) E
XCEPTIONS.—Title XX of the Homeland Secu-17
rity Act of 2002 (6 U.S.C. 601 et seq.), as amended by 18
subsection (a), is further amended— 19
(1) in section 2001(1) (6 U.S.C. 601(1)), by 20
striking ‘‘Secretary’’ each place it appears and in-21
serting ‘‘Director’’; 22
(2) in section 2006(b)(4)(F) (6 U.S.C. 23
607(b)(4)(F)), by striking ‘‘Secretary’’ and inserting 24
‘‘Director’’; and 25
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(3) in section 2006(b)(5) (6 U.S.C. 607(b)(5)), 1
by striking ‘‘Secretary’’ and inserting ‘‘Director’’. 2
(c) E
FFECTIVEDATE.—The amendments made by 3
this section shall take effect on the date on which the 4
transfers of functions under section 6 are carried out. 5
SEC. 12. CONFORMING AMENDMENTS TO OTHER LAWS. 6
(a) I
MPROVEMENTS TO INFORMATION TECH-7
NOLOGY.—Section 640(a) of the Post-Katrina Emergency 8
Management Reform Act of 2006 (6 U.S.C. 727(a)) is 9
amended, in the matter preceding paragraph (1), by strik-10
ing ‘‘, in coordination with the Chief Information Officer 11
of the Department,’’. 12
(b) C
HIEFFINANCIALOFFICER.—Section 901(b)(2) 13
of title 31, United States Code, is amended by adding at 14
the end the following: 15
‘‘(H) The Federal Emergency Management 16
Agency.’’. 17
(c) R
EFERENCES.—Subsection (c) of section 612 of 18
the Post-Katrina Emergency Management Reform Act of 19
2006 (6 U.S.C. 313 note) is repealed. 20
(d) E
FFECTIVEDATE.—The amendments made by 21
this section shall take effect on the date on which the 22
transfers of functions under section 6 are carried out. 23
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SEC. 13. REPORT ON RECOMMENDED LEGISLATION. 1
Not later than 90 days after the last day of the tran-2
sition period described in section 6(c), the Director, in 3
consultation with Congress, shall submit to Congress a re-4
port describing recommended legislation for additional 5
technical and conforming amendments to reflect the 6
changes made by this Act. 7
Æ
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