H.R. 2308 — FEMA Independence Act of 2025

This section designates the Act as the “FEMA Independence Act of 2025” and sets forth the table of contents.

This section establishes the Federal Emergency Management Agency (FEMA) as a cabinet-level independent establishment in the executive branch (thus, elevating it from its current position within the Department of Homeland Security). The section specifies FEMA's primary mission as reducing loss of life and property and protecting the nation from all hazards—including natural disasters, acts of terrorism, and other man-made disasters—through leadership in a risk-based emergency management system of preparedness, protection, response, recovery, and mitigation.

This section establishes a Director of the Federal Emergency Management Agency appointed by the President with Senate confirmation who reports directly to the President and must have specified qualifications in emergency management, homeland security, and executive leadership; places the Director at Executive Level II (adding to 5 U.S.C. 5312 and striking the prior Administrator from Level III in 5313); authorizes up to 4 Deputy Directors also appointed by the President with Senate confirmation at Executive Level IV (5 U.S.C. 5314, renaming Deputy Administrators to Deputy Directors); and establishes 10 regional offices each headed by a Regional Director selected by the Director.

This section specifies the responsibilities of the Director of the Federal Emergency Management Agency (FEMA) in providing federal leadership to prepare for, respond to, recover from, and mitigate hazards. Those responsibilities include (1) assisting the President in executing functions under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); (2) leading a comprehensive emergency management system encompassing mitigation, preparedness, response, and recovery; (3) conducting specified response duties, such as coordinating the federal response to hazards, consolidating federal emergency response plans into the National Response Plan, and ensuring interoperable communications; (4) preparing continuity of operations, government, and plans; (5) coordinating the National Advisory Council, operating the National Response Coordination Center, developing a national emergency management system, and supervising agency grant programs; and (6) implementing an all-hazards strategy.

This section establishes an Office of the Inspector General for the Agency, headed by an Inspector General, in accordance with the Inspector General Act of 1978 (5 U.S.C. ch. 4).

This section transfers to the Director all functions of the Federal Emergency Management Agency (FEMA)—as the agency was constituted on the day before enactment. It also transfers to the Inspector General all functions relating to the Inspector General that were transferred from FEMA to the Department of Homeland Security on or after January 1, 2003. The transfers must be completed not later than 365 days after enactment, during which period the Secretary of Homeland Security must provide the Director with requested assistance, including personnel and assets.

This section authorizes the transfer to the Agency of personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds related to functions transferred by section 6, subject to 31 U.S.C. 1531 (which governs transfers of appropriation balances necessary to finance transferred functions or activities between executive agencies), with such funds available only for their original purposes. The section further (1) authorizes the Director to appoint and fix the compensation of necessary officers and employees to carry out the transferred functions; (2) authorizes the Director of the Office of Management and Budget, in consultation with the Director of the Federal Emergency Management Agency, to make incidental transfers of personnel, assets, and funds and to terminate the affairs of entities terminated by the Act; and (3) protects transferred full-time and permanent part-time personnel from separation or reduction in grade or compensation for one year and preserves Executive Schedule pay levels for persons appointed to comparable positions without a break in service.

This section preserves the continuing effect of preexisting legal documents and actions—including orders, permits, agreements, grants, contracts, licenses, and regulations—issued in connection with functions transferred by section 6, until modified or revoked in accordance with law. It further (1) maintains all pending proceedings, applications for licenses or financial assistance, and related orders as if the Act had not been enacted; (2) leaves unaffected any causes of action commenced before the transfer date; (3) prevents abatement of suits by or against the Agency or its officers; and (4) authorizes the Agency to continue administrative actions on regulations related to transferred functions.

This section deems all references to the Federal Emergency Management Agency (FEMA) in any law, executive order, rule, regulation, or other official document to refer to the agency established by section 2; all references to the Director or Administrator of FEMA to refer to the Director established by section 3(a)(1); and all references to the FEMA Inspector General or related functions transferred to the Department of Homeland Security on or after January 1, 2003, to refer to the Inspector General established by section 5 or related functions.

This section (1) repeals sections 501, 503–510, 513, 514, and 519 of the Homeland Security Act of 2002 (6 U.S.C. 311, 313–320, 321b, 321c, and 321h), which address definitions, FEMA responsibilities and organization (including regional offices, the National Incident Management System, and the National Response Plan), and other emergency management functions; (2) redesignates sections 502, 511, 512, 515, 517–529 of such Act (6 U.S.C. 312, 321, 321a, 321d, 321f–321r) as sections 501–516, respectively; (3) revises the heading of title V of such Act to “Other Offices and Functions” (from “National Emergency Management”); and (4) updates the table of contents for title V accordingly. The amendments take effect on the date on which the transfers of functions by section 6 are carried out.

This section revises Title XX of the Homeland Security Act of 2002 (i.e., homeland security grant programs for states, high-risk urban areas, and other terrorism prevention activities) by (1) striking phrases requiring the Secretary of Homeland Security to act through the Administrator of the Federal Emergency Management Agency (FEMA) in grant authorization provisions; (2) replacing all other references to "Administrator" with "Secretary"; (3) in specified definitions and grant administration provisions, replacing "Secretary" with "Director"; and (4) making these changes effective upon transfers of functions under section 6 of the bill. (Thus, grant award authority under these programs shifts directly to the Secretary from FEMA.)

This section makes conforming amendments to various laws: (1) eliminating from Section 640(a) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 727(a)) the requirement for the Federal Emergency Management Agency (FEMA) Administrator to coordinate information technology improvements with the Department of Homeland Security Chief Information Officer; (2) adding FEMA to the list of agencies subject to chief financial officer requirements under Section 901(b)(2) of title 31, United States Code; and (3) repealing subsection (c)—titled "References"—of Section 612 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 313 note). The amendments take effect on the date on which the transfers of functions by section 6 are carried out.

This section directs the Director, after consultation with Congress, to prepare a report recommending additional technical and conforming amendments to reflect changes made by the Act. The section requires submission of the report to Congress not later than 90 days after the last day of the transition period specified in section 6(c).

This section establishes definitions for the following terms used in the Act: (1) “Agency” as the Federal Emergency Management Agency established by section 2; (2) “Director” as the Director of the Federal Emergency Management Agency established by section 3(a); (3) “Hazard” as having 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))—i.e., an emergency or disaster resulting from a natural disaster or an accidental or man-caused event—and including any major disaster or emergency; and (4) “Inspector General” as the Inspector General of the Federal Emergency Management Agency established by section 5.