PolicyBrief
H.R. 2308
119th CongressMar 24th 2025
FEMA Independence Act of 2025
IN COMMITTEE

The FEMA Independence Act of 2025 establishes FEMA as a cabinet-level independent agency, led by a Director reporting directly to the President, to better protect the nation from all hazards through comprehensive emergency management.

Jared Moskowitz
D

Jared Moskowitz

Representative

FL-23

LEGISLATION

FEMA Proposed for Cabinet-Level Independence, Reporting Directly to President Under New Bill

This bill, the FEMA Independence Act of 2025, proposes a significant shake-up for the Federal Emergency Management Agency. In simple terms, it aims to pull FEMA out from under the Department of Homeland Security (DHS) and set it up as its own standalone, cabinet-level agency. The big structural shift here is that the FEMA Director would report directly to the President, rather than through the Secretary of Homeland Security (Section 2, Section 3).

A New Chain of Command

The core idea is to give FEMA more autonomy and a direct line to the top, potentially streamlining decision-making during disasters. The bill lays out specific requirements for the Director, including demonstrated experience in emergency management and homeland security (Section 3). This person would oversee FEMA's established mission: helping communities prepare for, protect against, respond to, recover from, and mitigate all types of hazards – from hurricanes to cyberattacks (Section 4). The legislation also mandates the transfer of all current FEMA functions, personnel, assets, and unspent funds from DHS to this new independent agency, a process slated to happen within one year of the bill's enactment (Section 6, Section 7). An Office of the Inspector General specific to FEMA is also required (Section 5).

Untangling the Bureaucracy

Making FEMA independent involves more than just changing the sign on the door. It requires surgically removing FEMA-related functions and authorities currently embedded within DHS and the Homeland Security Act of 2002. Several sections of that Act related to national emergency management under DHS would be repealed or amended (Section 10, Section 11, Section 12). Existing contracts, grants, and legal proceedings related to FEMA would carry over to the new agency to ensure continuity (Section 8). Personnel transferred are guaranteed their grade and pay won't be reduced for at least one year post-transfer (Section 7).

What This Could Mean on the Ground

So, what's the practical impact? Supporters might argue that a FEMA reporting directly to the President could lead to faster mobilization of resources and a higher national priority for disaster preparedness and response. Having a dedicated cabinet seat could give emergency management a stronger voice in policy decisions. However, restructuring any large agency carries risks. The one-year transition period (Section 6) could potentially lead to temporary disruptions or coordination challenges just as disaster season hits. Furthermore, concentrating authority in a Director with a direct line to the President (Section 3, Section 4) raises questions about oversight – ensuring accountability remains crucial. The bill acknowledges potential loose ends by requiring the new Director to report back to Congress within 90 days after the transition on any further legislative tweaks needed (Section 13).