[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1246 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
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
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 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.
SEC. 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).
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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 activitie