I 

118TH CONGRESS 

1ST SESSION H. R. 5599 

To establish the Federal Emergency Management Agency as a cabinet-level 

independent agency, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 20, 2023 

Mr. MOSKOWITZ (for himself and Mr. GRAVES of Louisiana) 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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘FEMA Independence Act of 2023’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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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. 

1 SEC. 2. ESTABLISHMENT OF FEMA AS CABINET-LEVEL 

2 INDEPENDENT AGENCY. 

3 (a) IN GENERAL.—The Federal Emergency Manage4 ment Agency is established as a cabinet-level independent 

5 establishment in the executive branch. 

6 (b) MISSION.—The primary mission of the Agency is 

7 to reduce the loss of life and property and protect the Na8 tion from all hazards, including natural disasters, acts of 

9 terrorism, and other man-made disasters, by leading and 

10 supporting the Nation in a risk-based, comprehensive 

11 emergency management system of preparedness, protec12 tion, response, recovery, and mitigation. 

13 SEC. 3. DIRECTOR; DEPUTY DIRECTORS; REGIONAL OF14 FICES. 

15 (a) DIRECTOR.— 

16 (1) IN GENERAL.—The Agency shall be headed 

17 by a Director, who shall be appointed by the Presi18 dent, by and with the advice and consent of the Sen19 ate, and who shall report directly to the President. 


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1 (2) QUALIFICATIONS.—The Director shall be 

2 appointed from among individuals who have— 

3 (A) a demonstrated ability in and knowl4 edge of emergency management and homeland 

5 security; and 

6 (B) not less than 5 years of executive lead7 ership and management experience in the public 

8 sector and 5 years of such experience in the pri9 vate sector. 

10 (3) EXECUTIVE SCHEDULE.—Title 5, United 

11 States Code, is amended— 

12 (A) in section 5312 by adding at the end 

13 the following: 

14 ‘‘Director of the Federal Emergency Management 

15 Agency.’’; and 

16 (B) in section 5313 by striking the item 

17 relating to ‘‘Administrator of the Federal 

18 Emergency Management Agency.’’. 

19 (b) DEPUTY DIRECTORS.— 

20 (1) IN GENERAL.—The President may appoint, 

21 by and with the advice and consent of the Senate, 

22 not more than 4 Deputy Directors to assist the Di23 rector in carrying out the functions and authorities 

24 of the Director. 


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1 (2) EXECUTIVE SCHEDULE.—Section 5314 of 

2 title 5, United States Code, is amended by striking 

3 ‘‘Deputy Administrators, Federal Emergency Man4 agement Agency’’ and inserting ‘‘Deputy Directors, 

5 Federal Emergency Management Agency’’. 

6 (c) REGIONAL OFFICES.— 

7 (1) IN GENERAL.—There shall be in the Agency 

8 10 Regional Offices, as identified by the Director. 

9 (2) REGIONAL DIRECTORS.—Each Regional Of10 fice shall be headed by a Regional Director who shall 

11 be chosen by the Director. 

12 SEC. 4. AUTHORITY AND RESPONSIBILITIES. 

13 (a) IN GENERAL.—The Director shall provide the 

14 Federal leadership necessary to prepare for, respond to, 

15 recover from, and mitigate hazards. 

16 (b) STAFFORD ACT.—The Director shall assist the 

17 President in carrying out the functions under the Robert 

18 T. Stafford Disaster Relief and Emergency Assistance Act 

19 (42 U.S.C. 5121 et seq.) and carrying out all functions 

20 and authorities given to the Administrator of the Federal 

21 Emergency Management Agency under that Act. 

22 (c) MISSION.—The responsibilities of the Director 

23 shall include carrying out the mission of the Agency by 

24 leading and supporting the Nation in a comprehensive 

25 emergency management system of— 


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1 (1) mitigation, by taking sustained actions to 

2 reduce or eliminate long-term risks to people and 

3 property from hazards and their effects; 

4 (2) preparedness, by planning, training, con5 ducting exercises, and building the emergency man6 agement profession to prepare effectively for miti7 gating, responding to, and recovering from any haz8 ard; 

9 (3) response, by conducting emergency oper10 ations to save lives and property through positioning 

11 emergency equipment, personnel, and supplies, 

12 through evacuating potential victims, through pro13 viding food, water, shelter, and medical care to those 

14 in need, and through restoring critical public serv15 ices; and 

16 (4) recovery, by rebuilding communities so indi17 viduals, businesses, and governments can function 

18 on their own, return to normal life, and protect 

19 against future hazards. 

20 (d) RESPONSE DUTIES.—In carrying out subsection 

21 (c)(3), the Director, at a minimum, shall— 

22 (1) help to ensure the effectiveness of emer23 gency response providers in responding to a hazard; 

24 (2) coordinate and provide the Federal Govern25 ment’s response to hazards; 


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1 (3) build a comprehensive national incident 

2 management system with Federal, State, and local 

3 government personnel, agencies, and authorities to 

4 respond to hazards; 

5 (4) consolidate existing Federal Government 

6 emergency response plans into a single, coordinated 

7 plan to be known as the National Response Plan; 

8 (5) administer and ensure the implementation 

9 of the National Response Plan, including coordi10 nating and ensuring the readiness of each emergency 

11 support function under the National Response Plan; 

12 and 

13 (6) help ensure the acquisition of operable and 

14 interoperable communications capabilities by Fed15 eral, State, local, and tribal governments and emer16 gency response providers. 

17 (e) CONTINUITY 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) OTHER DUTIES.—The Director shall— 

24 (1) coordinate the National Advisory Council; 


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1 (2) maintain and operate within the Agency the 

2 National Response Coordination Center (or its suc3 cessor); 

4 (3) develop and maintain a national emergency 

5 management system that is capable of preparing for, 

6 responding to, recovering from, and mitigating haz7 ards of all magnitudes, including catastrophic disas8 ters; and 

9 (4) supervise grant programs administered by 

10 the Agency. 

11 (g) ALL-HAZARDS APPROACH.—In carrying out the 

12 responsibilities under this section, the Director shall co13 ordinate the implementation of an all-hazards strategy 

14 that builds those common capabilities necessary to prepare 

15 for, respond to, recover from, and mitigate hazards. 

16 SEC. 5. OFFICE OF THE INSPECTOR GENERAL. 

17 The Agency shall have an Office of the Inspector 

18 General, headed by an Inspector General, in accordance 

19 with chapter 4 of title 5, United States Code (commonly 

20 known as the ‘‘Inspector General Act of 1978’’). 

21 SEC. 6. TRANSFER OF FUNCTIONS. 

22 (a) IN GENERAL.—There shall be transferred to the 

23 Director all functions of the Federal Emergency Manage24 ment Agency, as such Agency was constituted on the day 

25 before the date of enactment of this Act. 


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1 (b) INSPECTOR GENERAL.—There shall be trans2 ferred to the Inspector General all functions relating to 

3 the Inspector General that were transferred from the Fed4 eral Emergency Management Agency to the Department 

5 of Homeland Security on or after January 1, 2003. 

6 (c) TRANSITION PERIOD.—The transfers under this 

7 section shall be carried out not later than 120 days fol8 lowing the date of enactment of this Act. During the tran9 sition period, the Secretary of Homeland Security shall 

10 provide to the Director such assistance, including the use 

11 of personnel and assets, as the Director may request in 

12 preparing for the transfer. 

13 SEC. 7. PERSONNEL AND OTHER TRANSFERS. 

14 (a) PERSONNEL APPOINTMENTS.—The Director may 

15 appoint and fix the compensation of such officers and em16 ployees as may be necessary to carry out the respective 

17 functions transferred by section 6. 

18 (b) TRANSFER AND ALLOCATIONS OF APPROPRIA19 TIONS AND PERSONNEL.—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, al23 locations, and other funds employed, used, held, arising 

24 from, available to, or to be made available in connection 

25 with the functions transferred by section 6, subject to secVerDate Sep 11 2014 23:44 Sep 24, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5599.IH H5599

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1 tion 1531 of title 31, United States Code, shall be trans2 ferred to the Agency. Unexpended funds transferred pur3 suant to this subsection shall be used only for the purposes 

4 for which the funds were originally authorized and appro5 priated. 

6 (c) INCIDENTAL TRANSFERS.—The Director of the 

7 Office of Management and Budget, in consultation with 

8 the Director of the Federal Emergency Management 

9 Agency, may make such determinations as may be nec10 essary with regard to the functions transferred by section 

11 6, and may make such additional incidental dispositions 

12 of personnel, assets, liabilities, grants, contracts, property, 

13 records, and unexpended balances of appropriations, au14 thorizations, allocations, and other funds held, used, aris15 ing from, available to, or to be made available in connec16 tion with such functions, as may be necessary to carry out 

17 the provisions of this Act. The Director of the Office of 

18 Management and Budget shall provide for the termination 

19 of the affairs of all entities terminated by this Act and 

20 for such further measures and dispositions as may be nec21 essary to effectuate the purposes of this Act. 

22 (d) EFFECT ON PERSONNEL.— 

23 (1) IN GENERAL.—Except as otherwise pro24 vided by this Act, the transfer pursuant to this Act 

25 of full-time personnel (except special Government 


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1 employees) and part-time personnel holding perma2 nent positions shall not cause any such employee to 

3 be separated or reduced in grade or compensation 

4 for 1 year after the date of transfer of such em5 ployee under this Act. 

6 (2) EXECUTIVE SCHEDULE POSITIONS.—Except 

7 as otherwise provided in this Act, any person who, 

8 on the day preceding the date of the transfers of 

9 functions by section 6, held a position compensated 

10 in accordance with the Executive Schedule pre11 scribed in chapter 53 of title 5, United States Code, 

12 and who, without a break in service, is appointed in 

13 the Agency to a position having duties comparable to 

14 the duties performed immediately preceding such ap15 pointment shall continue to be compensated in such 

16 new position at not less than the rate provided for 

17 such previous position, for the duration of the serv18 ice of such person in such new position. 

19 SEC. 8. SAVINGS PROVISIONS. 

20 (a) CONTINUING EFFECT OF LEGAL DOCUMENTS

21 AND ACTIONS.— 

22 (1) IN GENERAL.—The legal documents and ac23 tions described in paragraph (2) shall continue in ef24 fect according to their terms until modified, termi25 nated, superseded, set aside, or revoked in accordVerDate Sep 11 2014 23:44 Sep 24, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5599.IH H5599

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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) LEGAL DOCUMENTS AND ACTIONS DE5 SCRIBED.—The legal documents and actions de6 scribed in this paragraph are all orders, determina7 tions, rules, regulations, permits, agreements, 

8 grants, contracts, certificates, licenses, registrations, 

9 privileges, and other administrative actions that 

10 both— 

11 (A) have been issued, made, granted, or al12 lowed to become effective by the President, any 

13 Federal agency or official thereof, or by a court 

14 of competent jurisdiction, in the performance of 

15 functions that are transferred by section 6; and 

16 (B) are in effect on the date of the trans17 fers of functions by section 6, or were final be18 fore such date and are to become effective on 

19 or after such date. 

20 (b) PROCEEDINGS NOT AFFECTED.—The provisions 

21 of this Act shall not affect any proceedings, including no22 tices of proposed rulemaking, or any application for any 

23 license, permit, certificate, or financial assistance pending 

24 before the Agency on the date of the transfers of functions 

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1 tion 6, but such proceedings and applications shall con2 tinue. Orders shall be issued in such proceedings, appeals 

3 shall be taken therefrom, and payments shall be made pur4 suant to such orders, as if this Act had not been enacted, 

5 and orders issued in any such proceedings shall continue 

6 in effect until modified, terminated, superseded, or re7 voked by a duly authorized official, by a court of com8 petent jurisdiction, or by operation of law. Nothing in this 

9 paragraph shall be considered to prohibit the discontinu10 ance or modification of any such proceeding under the 

11 same terms and conditions and to the same extent that 

12 such proceeding could have been discontinued or modified 

13 if this Act had not been enacted. 

14 (c) CAUSES OF ACTION NOT AFFECTED.—The provi15 sions of this Act shall not affect any cause of action com16 menced before the date of the transfers of functions by 

17 section 6, and in all such causes of action, proceedings 

18 shall be had, appeals taken, and judgments rendered in 

19 the same manner and with the same effect as if this Act 

20 had not been enacted. 

21 (d) NONABATEMENT OF CAUSES OF ACTION.—No 

22 cause of action commenced by or against the Agency, or 

23 by or against any individual in the official capacity of such 

24 individual as an officer of the Agency, shall abate by rea25 son of the enactment of this Act. 


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1 (e) ADMINISTRATIVE ACTIONS RELATING TO PRO2 MULGATION OF REGULATIONS.—Any administrative ac3 tion relating to the preparation or promulgation of a regu4 lation by the Agency relating to a function transferred by 

5 section 6 may be continued by the Agency with the same 

6 effect as if this Act had not been enacted. 

7 SEC. 9. REFERENCES. 

8 (a) REFERENCES TO FEMA.—Any reference to the 

9 Federal Emergency Management Agency in any law, Ex10 ecutive order, rule, regulation, certificate, directive, in11 struction, delegation of authority, or other official paper 

12 shall be considered to refer and apply to the Agency estab13 lished by section 2. 

14 (b) REFERENCES TO DIRECTOR OR ADMINISTRATOR

15 OF FEMA.—Any reference to the Director or the Admin16 istrator of the Federal Emergency Management Agency 

17 in any law, Executive order, rule, regulation, certificate, 

18 directive, instruction, delegation of authority, or other offi19 cial paper shall be considered to refer and apply to the 

20 Director established by section 3(a)(1). 

21 (c) REFERENCES TO INSPECTOR GENERAL.—Any 

22 reference to the Inspector General of the Federal Emer23 gency Management Agency or to the functions relating to 

24 such office that were transferred from the Federal Emer25 gency Management Agency to the Department of HomeVerDate Sep 11 2014 23:44 Sep 24, 2023 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H5599.IH H5599

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1 land Security on or after January 1, 2003, in any law, 

2 Executive order, rule, regulation, certificate, directive, in3 struction, delegation of authority, or other official paper 

4 shall be considered to refer and apply to the Inspector 

5 General established by section 5 or to the functions related 

6 to such office. 

7 SEC. 10. OFFICES AND FUNCTIONS OF DEPARTMENT OF 

8 HOMELAND SECURITY. 

9 (a) REPEALS.—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 508 (6 U.S.C. 318). 

19 (8) Section 509 (6 U.S.C. 319). 

20 (9) Section 510 (6 U.S.C. 320). 

21 (10) Section 513 (6 U.S.C. 321b). 

22 (11) Section 514 (6 U.S.C. 321c). 

23 (12) Section 519 (6 U.S.C. 321h). 

24 (b) REDESIGNATIONS.—Sections 502, 511, 512, 515, 

25 517, 518, 520, 521, 522, 523, 524, 525, 526, 527, 528, 


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1 and 529 of such Act (6 U.S.C. 312, 321, 321a, 321d, 

2 321f, 321g, 321i, 321j, 321k, 321l, 321m, 321n, 321o, 

3 321p, 321q, and 321r) are redesignated as sections 501 

4 through 516, respectively. 

5 (c) TITLE HEADING.—The heading for title V of such 

6 Act is amended by striking ‘‘NATIONAL EMER7 GENCY MANAGEMENT’’ and inserting ‘‘OTHER 

8 OFFICES AND FUNCTIONS’’. 

9 (d) TABLE OF CONTENTS.—The table of contents 

10 contained in section 1(b) of such Act is amended by strik11 ing the items relating to title V and inserting the fol12 lowing: 

‘‘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.’’. 

13 (e) EFFECTIVE DATE.—The amendments made by 

14 this section shall take effect on the date on which the 

15 transfers of functions by section 6 are carried out. 


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1 SEC. 11. HOMELAND SECURITY GRANTS. 

2 (a) REFERENCES TO ADMINISTRATOR.—Title XX of 

3 the Homeland Security Act of 2002 (6 U.S.C. 601 et seq.) 

4 is amended— 

5 (1) in section 2002(a) (6 U.S.C. 603(a)) by 

6 striking ‘‘, through the Administrator,’’; 

7 (2) in section 2009(a) (6 U.S.C. 609a(a)) by 

8 striking ‘‘, acting through the Administrator,’’; 

9 (3) in the subsection heading for section 

10 2022(c) (6 U.S.C. 612(c)) by striking ‘‘BY THE AD11 MINISTRATOR’’; and 

12 (4) by striking ‘‘Administrator’’ each place it 

13 appears and inserting ‘‘Secretary’’. 

14 (b) EXCEPTIONS.—Title XX of the Homeland Secu15 rity Act of 2002 (6 U.S.C. 601 et seq.), as amended by 

16 subsection (a), is further amended— 

17 (1) in section 2001(1) (6 U.S.C. 601(1)) by 

18 striking ‘‘Secretary’’ each place it appears and in19 serting ‘‘Director’’; 

20 (2) in section 2006(b)(4)(F) (6 U.S.C. 

21 607(b)(4)(F)) by striking ‘‘Secretary’’ and inserting 

22 ‘‘Director’’; and 

23 (3) in section 2006(b)(5) (6 U.S.C. 607(b)(5)) 

24 by striking ‘‘Secretary’’ and inserting ‘‘Director’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect on the date on which the 

3 transfers of functions by section 6 are carried out. 

4 SEC. 12. CONFORMING AMENDMENTS TO OTHER LAWS. 

5 (a) IMPROVEMENTS TO INFORMATION TECH6 NOLOGY.—Section 640(a) of the Post-Katrina Emergency 

7 Management Reform Act of 2006 (6 U.S.C. 727(a)) is 

8 amended by striking ‘‘, in coordination with the Chief In9 formation Officer of the Department,’’. 

10 (b) CHIEF FINANCIAL OFFICER.—Section 901(b)(2) 

11 of title 31, United States Code, is amended by adding at 

12 the end the following: 

13 ‘‘(H) The Federal Emergency Management 

14 Agency.’’. 

15 (c) REFERENCES.—Subsection (c) of section 612 of 

16 the Post-Katrina Emergency Management Reform Act of 

17 2006 (6 U.S.C. 313 note) is repealed. 

18 (d) EFFECTIVE DATE.—The amendments made by 

19 this section shall take effect on the date on which the 

20 transfers of functions by section 6 are carried out. 

21 SEC. 13. REPORT ON RECOMMENDED LEGISLATION. 

22 (a) IN GENERAL.—After consultation with Congress, 

23 the Director shall prepare a report describing rec24 ommended legislation for additional technical and conVerDate Sep 11 2014 23:44 Sep 24, 2023 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H5599.IH H5599

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1 forming amendments to reflect the changes made by this 

2 Act. 

3 (b) SUBMISSION TO CONGRESS.—Not later than 90 

4 days after the last day of the transition period referred 

5 to in section 6(c), the Director shall submit to Congress 

6 the report referred to in subsection (a). 

7 SEC. 14. DEFINITIONS. 

8 In this Act: 

9 (1) AGENCY.—The term ‘‘Agency’’ means the 

10 Federal Emergency Management Agency established 

11 by section 2. 

12 (2) DIRECTOR.—The term ‘‘Director’’ means 

13 the Director of the Federal Emergency Management 

14 Agency established by section 3(a). 

15 (3) HAZARD.—The term ‘‘hazard’’ has the 

16 meaning given that term in section 602(a) of the 

17 Robert T. Stafford Disaster Relief and Emergency 

18 Assistance Act (42 U.S.C. 5195a(a)) and includes 

19 any major disaster or emergency. 

20 (4) INSPECTOR GENERAL.—The term ‘‘Inspec21 tor General’’ means the Inspector General of the 

22 Federal Emergency Management Agency established 

23 by section 5. 

Æ 


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