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 Secu-
rity, 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 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 2023’’. 
(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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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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