119-s1246

[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 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.

SEC. 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.

SEC. 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.

SEC. 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.
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