Homeland Security and Governmental Affairs Committee
Introduced
In Committee
On Floor
Passed Chamber
Enacted
The FEMA Independence Act of 2025 proposes to establish the Federal Emergency Management Agency (FEMA) as a cabinet-level independent agency , designating it as an executive department of the United States. Under this structure, the Director of FEMA would be appointed by the President with Senate consent and report directly to the President, rather than the Secretary of Homeland Security. The agency's primary mission would be to reduce the loss of life and property and protect the United States from all hazards, including natural disasters and acts of terrorism, through a comprehensive emergency management system. The bill mandates the transfer of all functions, personnel, assets, and liabilities of the existing FEMA from the Department of Homeland Security (DHS) to the newly independent agency within one year. This includes the transfer of the Inspector General's functions that were previously moved to DHS. Personnel transferred under this Act are protected from separation or reduction in grade or compensation for one year following the transfer. FEMA, under the new Director, would be responsible for providing federal leadership in preparing for, responding to, recovering from, and mitigating hazards, including assisting the President with the Stafford Act. Key duties include coordinating the National Response Plan, ensuring interoperable communications for emergency responders, and maintaining continuity of government plans. The agency would also oversee grant programs and develop a national emergency management system capable of handling all magnitudes of disasters. To facilitate this change, the bill repeals and redesignates several sections of the Homeland Security Act of 2002 that pertain to FEMA's current structure within DHS. It also makes conforming amendments to other laws, including those related to homeland security grants, by adjusting references to the Administrator or Secretary to reflect the new independent Director. The legislation includes savings provisions to ensure the continuity of legal documents, proceedings, and causes of action during and after the transition.
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Emergency Management
FEMA Independence Act of 2025
USA119th CongressS-1246| Senate
| Updated: 4/2/2025
The FEMA Independence Act of 2025 proposes to establish the Federal Emergency Management Agency (FEMA) as a cabinet-level independent agency , designating it as an executive department of the United States. Under this structure, the Director of FEMA would be appointed by the President with Senate consent and report directly to the President, rather than the Secretary of Homeland Security. The agency's primary mission would be to reduce the loss of life and property and protect the United States from all hazards, including natural disasters and acts of terrorism, through a comprehensive emergency management system. The bill mandates the transfer of all functions, personnel, assets, and liabilities of the existing FEMA from the Department of Homeland Security (DHS) to the newly independent agency within one year. This includes the transfer of the Inspector General's functions that were previously moved to DHS. Personnel transferred under this Act are protected from separation or reduction in grade or compensation for one year following the transfer. FEMA, under the new Director, would be responsible for providing federal leadership in preparing for, responding to, recovering from, and mitigating hazards, including assisting the President with the Stafford Act. Key duties include coordinating the National Response Plan, ensuring interoperable communications for emergency responders, and maintaining continuity of government plans. The agency would also oversee grant programs and develop a national emergency management system capable of handling all magnitudes of disasters. To facilitate this change, the bill repeals and redesignates several sections of the Homeland Security Act of 2002 that pertain to FEMA's current structure within DHS. It also makes conforming amendments to other laws, including those related to homeland security grants, by adjusting references to the Administrator or Secretary to reflect the new independent Director. The legislation includes savings provisions to ensure the continuity of legal documents, proceedings, and causes of action during and after the transition.