FEMA Independence Act of 2025
The FEMA Independence Act of 2025 would move the Federal Emergency Management Agency (FEMA) out of the Department of Homeland Security (DHS) and establish FEMA as a cabinet-level independent establishment within the executive branch. A Director (appointed by the President with Senate confirmation) would lead the agency and report directly to the President, with up to four Deputy Directors assisting. The bill also creates 10 regional offices and allocates authority for the Director to oversee all FEMA functions, including preparedness, response, recovery, mitigation, and continuity of government. The transfer of FEMA’s functions from DHS would occur within 365 days, with personnel, funds, and related assets moving to the new Agency. The act reorganizes related authorities, redefines leadership references (Director rather than Administrator or Secretary in relevant laws), and repeals or redesignates DHS provisions to reflect the new structure. It also requires a transition plan, a report on recommended further legislation, and preserves ongoing legal actions and regulations during the transition. In short, the bill aims to create a more autonomous, cabinet-level FEMA focused solely on all-hazards emergency management, with standalone leadership and direct president-level accountability, while reshaping related laws and grants to align with the new structure.
Key Points
- 1Establishment and leadership: FEMA becomes a cabinet-level independent agency led by a Director (appointed by the President with Senate confirmation), reporting directly to the President; up to four Deputy Directors may be appointed to support the Director; creates 10 regional offices with Regional Directors chosen by the Director.
- 2Transition and transfer of functions: All FEMA functions as they existed before enactment would transfer from DHS to the new Agency within 365 days, including personnel, funds, contracts, and records; DHS would assist during the transition; the Inspector General role and related functions would also transfer to the new Agency.
- 3All-hazards mission and authorities: The Director would lead a national all-hazards emergency management system (mitigation, preparedness, response, recovery, and continuity of operations/government); responsibilities include coordinating the National Response Plan, building a national incident management system, consolidating federal response plans, and ensuring interoperable communications across federal, state, local, and tribal governments.
- 4Legal and regulatory realignment: The bill repeals or redesignates several Homeland Security Act of 2002 provisions related to FEMA and other DHS offices; it changes references from “Administrator” or “Secretary” to “Director” where FEMA or the agency would be referenced; it renames DHS Title V content to “Other Offices and Functions” with updated table of contents.
- 5Oversight, savings, and reporting: Establishes an Office of the Inspector General for the Agency; preserves ongoing legal actions and regulatory proceedings during the transition; requires a report on recommended legislation within 90 days after the transition period ends; sets up conforming amendments to other laws to reflect the new agency structure.