I 
119TH CONGRESS 
1ST SESSION H. R. 2308 
To establish the Federal Emergency Management Agency as a cabinet-level 
independent agency, and for other purposes. 
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 Infrastruc-
ture, and in addition to the Committee on Homeland Security, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To establish the Federal Emergency Management Agency 
as a cabinet-level independent agency, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives 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 of 
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. 
SEC. 2. ESTABLISHMENT OF FEMA AS CABINET-LEVEL 
INDEPENDENT AGENCY. 
(a) IN GENERAL.—The Federal Emergency Manage-
ment 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 Na-
tion 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, protec-
tion, response, recovery, and mitigation. 
SEC. 3. DIRECTOR; DEPUTY DIRECTORS; REGIONAL OF-
FICES. 
(a) DIRECTOR.— 
(1) IN GENERAL.—The Agency shall be headed 
by a Director, who shall be appointed by the Presi-
dent, by and with the advice and consent of the Sen-
ate, and who shall report directly to the President. 
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(2) QUALIFICATIONS.—The Director shall be 
appointed from among individuals who have— 
(A) a demonstrated ability in and knowl-
edge of emergency management and homeland 
security; and 
(B) not less than 5 years of executive lead-
ership and management experience in the public 
sector and 5 years of such experience in the pri-
vate 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 Di-
rector in carrying out the functions and authorities 
of the Director. 
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(2) EXECUTIVE SCHEDULE.—Section 5314 of 
title 5, United States Code, is amended by striking 
‘‘Deputy Administrators, Federal Emergency Man-
agement 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 Of-
fice shall be headed by a Regional Director who shall 
be chosen by the Director. 
SEC. 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— 
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(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, con-
ducting exercises, and building the emergency man-
agement profession to prepare effectively for miti-
gating, responding to, and recovering from any haz-
ard; 
(3) response, by conducting emergency oper-
ations to save lives and property through positioning 
emergency equipment, personnel, and supplies, 
through evacuating potential victims, through pro-
viding food, water, shelter, and medical care to those 
in need, and through restoring critical public serv-
ices; and 
(4) recovery, by rebuilding communities so indi-
viduals, 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 emer-
gency response providers in responding to a hazard; 
(2) coordinate and provide the Federal Govern-
ment’s response to hazards; 
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(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 coordi-
nating 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 Fed-
eral, State, local, and tribal governments and emer-
gency 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; 
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(2) maintain and operate within the Agency the 
National Response Coordination Center (or its suc-
cessor); 
(3) develop and maintain a national emergency 
management system that is capable of preparing for, 
responding to, recovering from, and mitigating haz-
ards of all magnitudes, including catastrophic disas-
ters; and 
(4) supervise grant programs administered by 
the Agency. 
(g) ALL-HAZARDS APPROACH.—In carrying out the 
responsibilities under this section, the Director shall co-
ordinate the implementation of an all-hazards strategy 
that builds those common capabilities necessary to prepare 
for, respond to, recover from, and mitigate hazards. 
SEC. 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’’). 
SEC. 6. TRANSFER OF FUNCTIONS. 
(a) IN GENERAL.—There shall be transferred to the 
Director all functions of the Federal Emergency Manage-
ment Agency, as such Agency was constituted on the day 
before the date of enactment of this Act. 
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(b) INSPECTOR GENERAL.—There shall be trans-
ferred to the Inspector General all functions relating to 
the Inspector General that were transferred from the Fed-
eral 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 fol-
lowing the date of enactment of this Act. During the tran-
sition 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 em-
ployees as may be necessary to carry out the respective 
functions transferred by section 6. 
(b) TRANSFER AND ALLOCATIONS OF APPROPRIA-
TIONS 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, al-
locations, 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 sec-
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tion 1531 of title 31, United States Code, shall be trans-
ferred to the Agency. Unexpended funds transferred pur-
suant to this subsection shall be used only for the purposes 
for which the funds were originally authorized and appro-
priated. 
(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 nec-
essary 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, au-
thorizations, allocations, and other funds held, used, aris-
ing from, available to, or to be made available in connec-
tion 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 nec-
essary to effectuate the purposes of this Act. 
(d) EFFECT ON PERSONNEL.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided by this Act, the transfer pursuant to this Act 
of full-time personnel (except special Government 
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employees) and part-time personnel holding perma-
nent 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 em-
ployee 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 pre-
scribed 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 ap-
pointment 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 serv-
ice 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 ac-
tions described in paragraph (2) shall continue in ef-
fect according to their terms until modified, termi-
nated, superseded, set aside, or revoked in accord-
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ance 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
DE-
SCRIBED.—The legal documents and actions de-
scribed in this paragraph are all orders, determina-
tions, 
rules, 
regulations, 
permits, 
agreements, 
grants, contracts, certificates, licenses, registrations, 
privileges, and other administrative actions that 
both— 
(A) have been issued, made, granted, or al-
lowed 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 trans-
fers of functions by section 6, or were final be-
fore 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 no-
tices 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 sec-
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tion 6, but such proceedings and applications shall con-
tinue. Orders shall be issued in such proceedings, appeals 
shall be taken therefrom, and payments shall be made pur-
suant 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 re-
voked by a duly authorized official, by a court of com-
petent jurisdiction, or by operation of law. Nothing in this 
paragraph shall be considered to prohibit the discontinu-
ance 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 provi-
sions of this Act shall not affect any cause of action com-
menced 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 rea-
son of the enactment of this Act. 
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(e) ADMINISTRATIVE ACTIONS RELATING TO PRO-
MULGATION OF REGULATIONS.—Any administrative ac-
tion relating to the preparation or promulgation of a regu-
lation 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. 
SEC. 9. REFERENCES. 
(a) REFERENCES TO FEMA.—Any reference to the 
Federal Emergency Management Agency in any law, Ex-
ecutive order, rule, regulation, certificate, directive, in-
struction, delegation of authority, or other official paper 
shall be considered to refer and apply to the Agency estab-
lished by section 2. 
(b) REFERENCES TO DIRECTOR OR ADMINISTRATOR 
OF FEMA.—Any reference to the Director or the Admin-
istrator of the Federal Emergency Management Agency 
in any law, Executive order, rule, regulation, certificate, 
directive, instruction, delegation of authority, or other offi-
cial 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 Emer-
gency Management Agency or to the functions relating to 
such office that were transferred from the Federal Emer-
gency Management Agency to the Department of Home-
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land Security on or after January 1, 2003, in any law, 
Executive order, rule, regulation, certificate, directive, in-
struction, 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. 
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 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, 
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