H.R. 2308

119 HR 2308 IH: FEMA Independence Act of 2025
 U.S. House of Representatives
 2025-03-24
 text/xml
 EN
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 I  119th CONGRESS  1st Session  H. R. 2308  IN THE HOUSE OF REPRESENTATIVES   March 24, 2025   Mr. Moskowitz  (for himself and  Mr. Donalds ) introduced the following bill; which was referred to the  Committee on Transportation and Infrastructure , and in addition to the Committee on  Homeland Security , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned   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 of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Establishment of FEMA as cabinet-level independent agency.
Sec. 3. Director; deputy directors; regional offices.
Sec. 4. Authority and responsibilities.
Sec. 5. Office of the Inspector General.
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. 14. Definitions.
2.
Establishment of FEMA as cabinet-level independent agency
(a)
In general
The Federal Emergency Management Agency is established as a cabinet-level independent establishment in the executive branch.
(b)
Mission
The primary mission of the Agency is to reduce the loss of life and property and protect the Nation from all hazards, including natural disasters, acts of terrorism, and other man-made disasters, by leading and supporting the Nation in a risk-based, comprehensive emergency management system of preparedness, protection, response, recovery, and mitigation.
3.
Director; deputy directors; regional offices
(a)
Director
(1)
In general
The Agency shall be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall report directly to the President.
(2)
Qualifications
The Director shall be appointed 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 the item relating to  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 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 shall be headed by a Regional Director who shall be chosen by the Director.
4.
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 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 carrying out all functions and authorities given to the Administrator of the Federal Emergency Management Agency under that Act.
(c)
Mission
The responsibilities of the Director shall include carrying out the mission of the Agency by leading and supporting the Nation 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 their effects;
(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 positioning emergency equipment, personnel, and supplies, through evacuating potential victims, through providing food, water, shelter, and medical care to those in need, and through restoring critical public services; and
(4)
recovery, by rebuilding communities so individuals, businesses, and governments can function on their own, return to normal life, and 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 existing Federal Government emergency response plans into a single, coordinated plan to be known as the National Response Plan;
(5)
administer and ensure the implementation of the National Response Plan, including 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;
(2)
maintain and operate within the Agency the National Response Coordination Center (or its successor);
(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 those common capabilities necessary to prepare for, respond to, recover from, and mitigate hazards.
5.
Office of the Inspector General
The Agency shall have an Office of the Inspector General, headed by an Inspector General, in accordance with  chapter 4  of title 5, United States Code (commonly known as the  Inspector General Act of 1978 ).
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 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 365 days following 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 by 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 by 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 of the Federal Emergency Management Agency, may make such determinations as may be necessary with regard to the functions transferred by 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 by 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 both—
(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 by section 6; and
(B)
are in effect on the date of the transfers of functions by section 6, or were final before such date 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 by section 6, with respect to functions transferred by 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 paragraph shall be considered 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 by 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 by 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 established by section 2.
(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 considered to refer and apply to the Director established by section 3(a)(1).
(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 considered to refer and apply to the Inspector General established by section 5 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 508 ( 6 U.S.C. 318 ).
(8)
Section 509 ( 6 U.S.C. 319 ).
(9)
Section 510 ( 6 U.S.C. 320 ).
(10)
Section 513 ( 6 U.S.C. 321b ).
(11)
Section 514 ( 6 U.S.C. 321c ).
(12)
Section 519 ( 6 U.S.C. 321h ).
(b)
Redesignations
Sections 502, 511, 512, 515, 517, 518, 520, 521, 522, 523, 524, 525, 526, 527, 528, and 529 of such Act ( 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 516, respectively.
(c)
Title heading
The heading for title V of such Act is amended by striking
National Emergency Management   and inserting
Other Offices and Functions  .
(d)
Table of contents
The table of contents contained in section 1(b) of such Act 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. The National Infrastructure Simulation and Analysis Center.
Sec. 503. Evacuation plans and exercises.
Sec. 504. National Operations Center.
Sec. 505. Nuclear incident response.
Sec. 506. Conduct of certain public health-related activities.
Sec. 507. Use of commercially available technology, goods, and services.
Sec. 508. Procurement of security countermeasures for strategic national stockpile.
Sec. 509. Model standards and guidelines for critical infrastructure workers.
Sec. 510. Guidance and recommendations.
Sec. 511. Voluntary private sector preparedness accreditation and certification program.
Sec. 512. Acceptance of gifts.
Sec. 513. Integrated public alert and warning system modernization.
Sec. 514. National planning and education.
Sec. 515. Coordination of Department of Homeland Security efforts related to food, agriculture, and veterinary defense against terrorism.
Sec. 516. 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 by 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 by 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 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 by section 6 are carried out.
13.
Report on recommended legislation
(a)
In general
After consultation with Congress, the Director shall prepare a report describing recommended legislation for additional technical and conforming amendments to reflect the changes made by this Act.
(b)
Submission to Congress
Not later than 90 days after the last day of the transition period referred to in section 6(c), the Director shall submit to Congress the report referred to in subsection (a).
14.
Definitions
In this Act:
(1)
Agency
The term  Agency  means the Federal Emergency Management Agency established by section 2.
(2)
Director
The term  Director  means the Director of the Federal Emergency Management Agency established by section 3(a).
(3)
Hazard
The term  hazard  has the meaning given that term in section 602(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5195a(a) ) and includes any major disaster or emergency.
(4)
Inspector General
The term  Inspector General  means the Inspector General of the Federal Emergency Management Agency established by section 5.