S. 1246 — FEMA Independence Act of 2025

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

This section defines, for purposes of the Act, (1) "Agency" as the Federal Emergency Management Agency; (2) "Director" as the Director of the Federal Emergency Management Agency; and (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)), including any major disaster or emergency declared under section 401 or 501, respectively, of that Act (42 U.S.C. 5170, 5191).

This section establishes the Federal Emergency Management Agency (FEMA) as an executive department of the United States (i.e., cabinet-level). It specifies FEMA's primary mission as reducing loss of life and property and protecting the United States from all hazards—including natural disasters, acts of terrorism, and other man-made disasters—through leadership and support for a risk-based emergency management system of preparedness, protection, response, recovery, and mitigation.

This section revises the leadership of the Federal Emergency Management Agency (FEMA) as follows: (1) designates the agency to be headed by a Director appointed by the President with Senate confirmation who reports directly to the President and possesses demonstrated expertise in emergency management and homeland security as well as at least five years each of executive leadership and management experience in the public and private sectors, elevating the position to Executive Level I (from Level II for the prior Administrator); (2) authorizes the President to appoint, with Senate confirmation, up to four Deputy Directors at Executive Level III (renaming and replacing references to Deputy Administrators); and (3) establishes 10 regional offices, each headed by a Regional Director appointed by the Director.

This section establishes the authorities and responsibilities of the Director of the Federal Emergency Management Agency (FEMA) to provide federal leadership in preparing for, responding to, recovering from, and mitigating hazards. It requires the Director to assist the President in implementing the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); carry out FEMA's mission through mitigation, preparedness, response, and recovery activities; coordinate federal response efforts, including development and implementation of a National Response Plan; ensure continuity of government operations; perform specified other duties (e.g., coordinating the National Advisory Council, operating the National Response Coordination Center, supervising grant programs); and implement an all-hazards approach.

This section transfers to the Director all functions of the Federal Emergency Management Agency (FEMA)—the primary federal agency for coordinating disaster preparedness, response, and recovery—as FEMA was constituted on the day before enactment. It further transfers to the FEMA Inspector General all IG-related functions previously moved from FEMA to the Department of Homeland Security on or after January 1, 2003. The transfers must occur not later than one year after enactment, during which the DHS Secretary must provide the Director requested assistance, including personnel and assets.

This section authorizes the Director of the Agency to appoint and fix compensation for officers and employees necessary to carry out functions transferred under section 6. It directs the transfer to the Agency of personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds associated with such transferred functions, subject to 31 U.S.C. 1531 (i.e., appropriations balances may be transferred between executive agencies for the same purposes with OMB or presidential approval, as applicable). Transferred unexpended funds must be used only for their original authorized and appropriated purposes. It further authorizes the OMB Director, in consultation with the Agency Director, to make incidental transfers of personnel, assets, liabilities, grants, contracts, property, records, and funds; issue necessary determinations; terminate the affairs of entities eliminated by the Act; and take additional measures to implement the Act. Finally, it protects transferred full-time personnel (except special government employees) and permanent part-time personnel from separation or reduction in grade or compensation for one year post-transfer and ensures that former Executive Schedule positions are compensated at not less than prior rates for comparable duties.

This section establishes savings provisions for functions transferred under section 6, providing that such transfers do not affect (1) existing legal documents and actions (e.g., orders, rules, permits, contracts), which continue in effect until modified or revoked; (2) pending proceedings (e.g., notices of proposed rulemaking) and applications (e.g., for licenses or financial assistance), which continue without interruption; (3) causes of action commenced before the transfer date; (4) suits by or against the agency or its officers, which do not abate; or (5) administrative actions related to preparing or promulgating regulations.

This section updates references in federal laws, executive orders, regulations, and other official documents—(1) deeming any reference to the Federal Emergency Management Agency to refer to the Agency; (2) construing any reference to the Director or Administrator of the Federal Emergency Management Agency to refer to the Director; and (3) construing any reference to the Inspector General of the Federal Emergency Management Agency, or related functions transferred to the Department of Homeland Security on or after January 1, 2003, to refer to the Inspector General of the Agency or related functions.

This section repeals 11 specified sections of title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.), including (1) section 501, which provides definitions for national emergency management authorities such as "catastrophic incident," "surge capacity," and "National Incident Management System" (6 U.S.C. 311); (2) sections 503–507, which address FEMA responsibilities, regional offices, and other functions (6 U.S.C. 313–317); and (3) sections 509, 510, 513, 514, and 519 (6 U.S.C. 319, 320, 321b, 321c, 321h). It redesignates the remaining sections of title V (previously sections 502, 508, 511, 512, 515, and 517–529) as sections 501 through 517, respectively; revises the title V heading to “Other Offices and Functions” (from “National Emergency Management”); and updates the Act’s table of contents. Amendments take effect upon transfers of functions under section 6.

This section revises Title XX of the Homeland Security Act of 2002 (6 U.S.C. 601 et seq.), which authorizes homeland security grants (e.g., State Homeland Security Grant Program and Urban Area Security Initiative grants to state, local, and tribal governments for terrorism and other threats), as follows: (1) strikes delegatory phrases such as “, through the Administrator” in grant authorization provisions (e.g., 6 U.S.C. 603(a) and 609a(a)) and the heading of 6 U.S.C. 612(c); (2) replaces “Administrator” (i.e., FEMA Administrator) with “Secretary” (i.e., DHS Secretary) throughout the title; and (3) with exceptions in 6 U.S.C. 601(1), 607(b)(4)(F), and 607(b)(5), replaces “Secretary” with “Director”. The amendments take effect on the date transfers of functions under section 6 are carried out. (Thus, these grants are administered directly by the DHS Secretary rather than delegated through FEMA.)

This section makes conforming amendments to various laws, effective upon the transfers of functions under section 6, as follows: (1) eliminates the Federal Emergency Management Agency's (FEMA's) requirement to coordinate information technology improvements with the Department of Homeland Security Chief Information Officer; (2) designates FEMA as an agency that must have a Chief Financial Officer; and (3) repeals a subsection addressing references related to FEMA.

This section directs the Director, in consultation with Congress, to submit to Congress, not later than 90 days after the last day of the transition period described in section 6(c), a report describing recommended legislation for additional technical and conforming amendments to reflect the changes made by this Act.