# Fixing Emergency Management for Americans Act of 2025: Context, Overview, Summary of Provisions

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/crs%3AR49028

## Record

- **Collection:** Congressional research report
- **Document type:** Reports
- **Published:** July 10, 2026
- **Citation:** R49028

## Text

Fixing Emergency Management for Americans
Act of 2025: Context, Overview, Summary of
Provisions
July 10, 2026

Congressional Research Service
https://crsreports.congress.gov
R49028

SUMMARY

Fixing Emergency Management for Americans
Act of 2025: Context, Overview, Summary of
Provisions

R49028
July 10, 2026
Erica A. Lee, Coordinator
Specialist in Emergency
Management and Disaster
Recovery

The Federal Emergency Management Agency (FEMA), which leads federal emergency
management and disaster relief efforts, has recently been subject to numerous calls for reform.
For years, state and local governments, disaster survivors, scholars, and nonprofits have called
upon Congress and FEMA to modify federal disaster response and recovery authorities and
procedures to improve the provision of relief and increase disaster resiliency, among other aims.
Some Members have introduced several legislative FEMA reforms in the wake of these concerns. One bill incorporating
fundamental reforms to FEMA and federal disaster relief, H.R. 4669, the Fixing Emergency Management for Americans
(FEMA) Act of 2025, was ordered reported by the House Committee on Transportation and Infrastructure on September 3,
2025, in a 57-3 vote. As it awaits reporting to the House, the FEMA Act of 2025 has garnered support from a wide range of
nonfederal stakeholders. This report briefly contextualizes the FEMA Act of 2025, overviews each title, and summarizes each
section.
Division A of the committee’s FEMA Act of 2025 would remove FEMA from the Department of Homeland Security (where
it has been located since 2003, when the Department began operating) and reestablish FEMA as a freestanding agency in the
executive branch. Division A would also revise the Homeland Security Act of 2002 (P.L. 107-296, as amended) to reassign
certain emergency management responsibilities from the Secretary of Homeland Security to the FEMA Administrator. It
would also revise the qualifications and functions of the FEMA Administrator, Deputy Administrators, and Regional
Administrators. Notable changes would include the transfer of FEMA’s existing functions, including those prescribed by the
Robert T. Stafford Disaster Relief and Emergency Management Act (Stafford Act; P.L. 93-288, as amended), to the new,
independent FEMA, and the reduction in the number of presidentially appointed Deputy Administrators from four to one.
Further, the bill would revise the mission of FEMA and the responsibilities of the Administrator to eliminate “acts of
terrorism” from the explicit purview of the agency. Division A would define the terms for FEMA’s transition out of the
Department of Homeland Security and would authorize the Administrator to appoint and transfer personnel to align with
FEMA’s revised mission and organization.
Titles I-III of Division B of the committee’s FEMA Act of 2025 would significantly reform FEMA’s three primary disaster
grant programs: Public Assistance (PA), Individual Assistance (IA), and Hazard Mitigation Assistance (HMA).

•

PA provides assistance to nonfederal governments and nonprofits for emergency response and permanent
rebuilding when authorized through a Stafford Act declaration. Title I of Division B would substantively
revise the program, including by providing for expedited procedures to determine grant awards, allowing
for the provision of lump-sum block grants in lieu of project-by-project awards for “smaller” disasters, and
expanding the types of activities eligible for assistance.

•

IA provides assistance to individuals and households to address their housing and other critical needs, as
well as support for crisis counseling, case management, legal services, and unemployment assistance when
authorized through a Stafford Act declaration. Title II of Division B would make substantial changes to the
IA program, including by expanding eligibility for certain forms of assistance, adding new forms of
housing assistance, and decreasing bureaucratic hurdles to applying for and accessing federal disaster
assistance resources.

•

HMA supports efforts to reduce future disaster-related risk. Title III of Division B would make significant
changes to four Stafford Act hazard mitigation assistance programs, including by restructuring pre-disaster
mitigation funding awarded under Stafford Act Section 203 as a formula-based grant.
Division B, Title IV of the committee’s FEMA Act of 2025 includes provisions primarily related to oversight and
accountability of FEMA. Under these provisions, the U.S. Government Accountability Office (GAO) would conduct research
on eleven different aspects of federal and nonfederal activities related to disaster response, recovery, mitigation, and
insurance uptake. FEMA would be required to publish online dashboards providing grant request and award information
supplemental to that which the agency currently publishes. Title IV would also require the President to provide a detailed
justification of a denial or approval to governors requesting a major disaster declaration under the Stafford Act.
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FEMA Act of 2025: Context, Overview, Summary of Provisions

Contents
Introduction and Context ................................................................................................................. 1
FEMA and Stafford Act Reform: The 119th Congress .............................................................. 3
Overview of Fixing Emergency Management for Americans Act of 2025 ..................................... 5
Division A—Establishment of FEMA as Cabinet-Level Independent Agency......................... 6
Title I—Establishment of Federal Emergency Management Agency ................................. 6
Title II—Offices and Functions of FEMA .......................................................................... 7
Title III—Related Matters ................................................................................................... 8
Division B—FEMA Reforms .................................................................................................... 8
Title I—Public Assistance Reforms .................................................................................... 8
Title II—Individual Assistance Reforms ............................................................................ 9
Title III—Mitigation Reforms ........................................................................................... 11
Title IV—Transparency and Accountability ..................................................................... 12
Fixing Emergency Management for Americans Act of 2025: Section Analyses ........................... 14

Tables
Table 1. Division A, Title I—Establishment of Federal Emergency Management Agency .......... 15
Table 2. Division A, Title II—Offices and Functions of Federal Emergency Management
Agency ....................................................................................................................................... 20
Table 3. Division A, Title III—Related Matters ............................................................................ 26
Table 4. Division B, Title I—Public Assistance Reforms ............................................................. 27
Table 5. Division B, Title II—Individual Assistance Reforms ...................................................... 39
Table 6. Division B, Title III—Mitigation Reforms ...................................................................... 47
Table 7. Division B, Title IV—Transparency and Accountability................................................. 50

Appendixes
Appendix. Federal Emergency Management Reform ................................................................... 57

Contacts
Author Information........................................................................................................................ 59

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FEMA Act of 2025: Context, Overview, Summary of Provisions

Introduction and Context
The Federal Emergency Management Agency (FEMA), which leads federal emergency
management and disaster relief efforts, has recently elicited numerous calls for reform. Some
Members of Congress, executive branch officials, the U.S. Government Accountability Office
(GAO), and nonfederal stakeholders have raised concerns regarding the speed and complexity of
FEMA relief programs, the scope of FEMA’s mission, its overstrained workforce, and potential
political bias in FEMA’s delivery of federal relief, among other issues.1 Many stakeholders have
also praised FEMA’s work, often while identifying the need for reorganization, policy changes,
and/or enhanced authorities or appropriations.2
Criticism of FEMA and related proposals to reform the agency are not new. Congress has
amended FEMA’s authorities and federal disaster relief law in the aftermath of extraordinary
disasters that illuminate problems with federal response and recovery authorities and practices.
For example, following the terrorist attacks of September 11, 2001, the Homeland Security Act of
2002 (Homeland Security Act; P.L. 107-296, as amended) embedded FEMA within the
Department of Homeland Security (DHS), narrowed FEMA’s mission, and transferred
responsibility for many of FEMA’s functions to the Secretary of DHS.3 Subsequently, in the wake
of criticism of the federal response to Hurricane Katrina, the Post-Katrina Emergency
Management Reform Act (PKEMRA, P.L. 109-295) reversed many of these changes,
strengthening FEMA.4
Concerns about FEMA’s role and purview persist. For example, GAO has repeatedly found that
FEMA may overestimate the need for federal disaster relief.5 However, FEMA faced pushback
from many emergency managers and nonfederal governments when it proposed policies to

1 See, for example, House Committee on Transportation and Infrastructure (hereinafter House Transportation and

Infrastructure), Subcommittee on Economic Development, Public Buildings, and Emergency Management, Reforming
FEMA: Bringing Common Sense Back to Federal Emergency Management, 119th Cong., 1st sess., March 25, 2025;
U.S. Government Accountability Office, Disaster Recovery: Actions Needed to Improve the Federal Approach, GAO23-104956, November 15, 2022, https://www.gao.gov/products/gao-23-104956; and Carlos Martín et al, “Federal
Disaster Management Is a Confusing Patchwork,” August 3, 2023, Brookings Institution, https://www.brookings.edu/
articles/federal-disaster-management-is-a-confusing-patchwork-reforming-fema-and-improving-interagencycoordination-can-fix-it/.
2
See, for example, International Association of Emergency Managers, “Modernizing FEMA: What to Preserve, What
to Fix, What to Build,” White Paper for FEMA Review Council, August 26, 2025.
3 See Richard Sylves, Disaster Policy and Politics: Emergency Management and Homeland Security, 2nd ed., Los
Angeles: Sage Press, 2015; and FEMA, Disaster Operations Legal Reference, v. 4, 2020, pp. xxvii-xxxii and 4-5
through 4-8.
4 Ibid and CRS Report RL33729, Federal Emergency Management Policy Changes After Hurricane Katrina: A
Summary of Statutory Provisions, November 15, 2006 (out of print; available to congressional staff on request).
5 GAO, Federal Disaster Assistance: Improved Criteria Needed to Assess a Jurisdiction’s Capability to Respond and
Recover on Its Own, GAO-12-838, September 12, 2012. See updates to this recommendation and its status as “priority
open recommendations in GAO: Priority Open Recommendations: Department of Homeland Security, GAO-24107251, August 19, 2024, pp. 13-14.

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FEMA Act of 2025: Context, Overview, Summary of Provisions

effectively reduce or eliminate its role in smaller, less expensive incidents,6 and eventually
withdrew or suspended these proposals.7
Not all observers advocate downsizing FEMA’s emergency management role. Some would
broaden FEMA’s core disaster relief authorities to ensure access for rural, small, and low-income
communities.8 Separately, some scholars, insurance industry representatives, and nonprofits have
raised concern that the current statutory emphasis on post-disaster relief administered by
FEMA—rather than pre-disaster preparedness and mitigation—may disincentivize resiliency.9
Congress has significantly increased FEMA’s mitigation and preparedness authorities in recent
years10—but many claim that more needs to be done.11
An Appendix to this product outlines significant enacted legislation reforming federal emergency
management for further context.

6 Ibid. In response to the recommendation, FEMA published a notice of proposed rulemaking creating a “disaster

deductible” in January 2016 that would limit Public Assistance (PA, post-disaster assistance for governments and
nonprofits). FEMA, DHS, “Proposed Rule: Establishing a Deductible for FEMA’s Public Assistance Program,” 81
Federal Register 3082, January 20, 2016; FEMA, DHS “Proposed Rule: Establishing a Deductible for FEMA’s Public
Assistance Program,” 82 Federal Register 4064, January 12, 2017. In December 2020, FEMA proposed another rule
increasing the per-capita indicators used as a primary factor to evaluate the need for PA. FEMA, DHS, “Proposed Rule:
Cost of Assistance Estimates in the Disaster Declaration Process for the Public Assistance Program,” 85 Federal
Register 80719, December 14, 2020.
7 In 2018, FEMA reported to GAO that it would not be promulgating the rule on the disaster deductible due to concerns
that the proposal was overly complex. GAO, Emergency Management: FEMA Has Made Progress, but Challenges and
Future Risks Highlight Imperative for Further Improvements, GAO-19-617T, June 25, 2019, p. 14,
https://www.gao.gov/assets/700/699957.pdf. In Fall 2021, FEMA indicated that the next action on the proposed rule on
revising the per-capita indicators was “undetermined,” and has not since taken further action. DHS/FEMA, “Cost of
Assistance Estimates in the Disaster Declaration Process for the Public Assistance Program,” RIN 1660-AA99, Fall
2021.
8 See for example, “Rising Demand for FEMA’s BRIC Program Far Exceeds Available Funding,” Headwaters
Economics, July 30, 2024, https://headwaterseconomics.org/headwaters/rising-demand-for-femas-bric-program-farexceeds-available-funding/; National Low-Income Housing Coalition, “Federal Emergency Management Agency
Housing Recovery Recommendations,” August 26, 2020.
9 See, for example, Sadie Frank, Eric Gesick, David G. Victor, Inviting Danger: How Federal Disaster, Insurance, and
Infrastructure Policies Are Magnifying the Harm of Climate Change, Brookings Institution, March 2021.
10 For example, the Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA, Title VI of P.L. 109-295),
enacted October 4, 2006, strengthened FEMA’s coordination authorities, broadened FEMA’s operational organization
with 10 regional offices and new deployable forces, and authorized FEMA to provide training and grants in line with a
nationally coordinated preparedness system. For more information, see CRS Report RL33729, Federal Emergency
Management Policy Changes After Hurricane Katrina: A Summary of Statutory Provisions, March 7, 2007,
coordinated by Keith Bea (out of print; available to congressional clients on request). The Disaster Recovery Reform
Act of 2018 (DRRA, Division D of P.L. 115-254), enacted October 5, 2018, significantly enhanced FEMA’s authorities
to provide mitigation assistance and to require federally funded projects be built to withstand future disasters. This is
further described in CRS Report R45819, The Disaster Recovery Reform Act of 2018 (DRRA): A Summary of Selected
Statutory Provisions, coordinated by Elizabeth M. Webster and Bruce R. Lindsay.
11 See, for example, proposals to enhance FEMA’s mitigation and preparedness authorities offered by FEMA’s
National Advisory Council Reports from 2018 to 2024. FEMA recently removed reports from its public-facing website,
but notes that “For access to past FEMA National Advisory Council recommendations, meeting notes, and agency
responses, please contact FEMA-NAC@fema.dhs.gov.”

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FEMA Act of 2025: Context, Overview, Summary of Provisions

FEMA and Stafford Act Reform: The 119th Congress
Several bills introduced in the 119th Congress would fundamentally revise FEMA’s statutory
authorities to deliver disaster relief.12 Some would reorganize the agency and its workforce, while
others would substantively modify FEMA’s authorities to provide disaster relief.
The sole broad FEMA reform measure to be ordered reported out of a congressional committee of
jurisdiction in the 119th Congress is H.R. 4669, the Fixing Emergency Management for
Americans (FEMA) Act of 2025, introduced by Chairman Sam Graves of the House Committee
on Transportation and Infrastructure, on behalf of himself, Ranking Member Rick Larsen,
Representative Daniel Webster, and Representative Greg Stanton.13 The Committee on
Transportation and Infrastructure exercises jurisdiction over FEMA’s disaster management
authorities under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford
Act, P.L. 93-288, as amended).14 As of June 30, 2026, 87 Members of Congress from both major
parties are co-sponsoring H.R. 4669.15 On September 3, 2025, the House Committee on
Transportation and Infrastructure voted 57 to 3 to order the bill reported.16 Companion legislation
has not currently been introduced in the Senate.17 Reports indicate that the Congressional Budget
Office is developing a score for the bill.18

12 Members of the 119th Congress have introduced hundreds of bills revising FEMA’s disaster-related authorities, based

on CRS research using Congress.gov for terms including FEMA, “federal emergency management,” “Robert T.
Stafford,” and variations of “disaster relief.” Many bills explicitly call for the continuity of existing operations or
delivery programs, and/or provide means to hasten the delivery of assistance, for example H.R. 5658, the Disaster
Relief Continuity Act of 2025. By contrast, several bills substantively modify FEMA’s core organization and/or
authorities to provide disaster relief, including H.R. 316, the Natural Disaster Recovery Program Act of 2025; H.R.
2308/S. 1246, the FEMA Independence Act of 2025; H.R. 3252, the Disaster House Flexibility Act of 2025; H.R. 3251,
the Disaster Response Flexibility Act of 2025; H.R. 3347, the Sovereign States Emergency Management Act; and S.
2247, the Disaster Assistance Improvement and Decentralization Act.
13 Congress.gov, “H.R. 4669: Cosponsors,” https://www.congress.gov/bill/119th-congress/house-bill/4669/cosponsors.
This report analyzes the version offered as an Amendment in the Nature of a Substitute to the text introduced on July
23, 2025; this version will be referred to as “the FEMA Act of 2025” or “H.R. 4669, as reported,” in this report. The
substitute text was printed on August 29, 2025, and amended on September 3, 2025; see text at https://docs.house.gov/
meetings/PW/PW00/20250903/118581/BILLS-1194669ih.pdf. The approved amendment submitted by Representative
Carson is available available at http://docs.house.gov/meetings/PW/PW00/20250903/118581/BILLS-119-4669C001072-Amdt-039.pdf, and the approved manager’s amendment submitted by Chairman Graves is available at
https://docs.house.gov/meetings/PW/PW00/20250903/118581/BILLS-119-4669-G000546-Amdt-1.pdf.
14 The Subcommittee on Economic Development, Public Buildings, and Emergency Management conducts oversight
on these authorities. House Transportation and Infrastructure, “Economic Development, Public Buildings and
Emergency Management,” https://transportation.house.gov/subcommittees/subcommittee/?ID=107419.
15 This includes original sponsors. Congress.gov, “H.R.4669—FEMA Act of 2025,” as of June 30, 2026.
16 No comments were offered during markup from Members that voted against the bill’s advancement. See House
Transportation and Infrastructure, “Markup of the Fiscal Year 2026 Views and Estimates of the Committee on
Transportation and Infrastructure; ANS to H.R. 4669, the Fixing Emergency Management for Americans Act of 2025;
and ANS to H.R. 5061, the Counter-UAS Authority Security, Safety, and Reauthorization Act,” September 3, 2025,
https://docs.house.gov/Committee/Calendar/ByEvent.aspx?EventID=118581; House Transportation and Infrastructure,
After Action Report, September 3, 2025, https://docs.house.gov/meetings/PW/PW00/20250903/118581/HMKP-119PW00-20250903-SD001.pdf.
17 There are a number of separate FEMA and Stafford Act reform bills introduced in the Senate. A bipartisan group of
Senators reported meeting with former FEMA Administrators and at least one State Director of Emergency
Management to discuss reform legislation. Thomas Frank and Andres Picon, “Senators Hold Bipartisan Secret Meeting
to Reshape FEMA,” January 15, 2026, https://www.politico.com/live-updates/2026/01/15/congress/senators-holdsecret-meeting-to-reshape-fema-ee-00729493.
18 Matt Shade, “FEMA Reform Talks amid FY26 Funding Debate,” National Emergency Management Association
(NEMA) Ready Nation: Policy, January 16, 2026, distributed by email.

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FEMA Act of 2025: Context, Overview, Summary of Provisions

The FEMA Act of 2025, if enacted, would fundamentally reorganize FEMA and its key statutory
authorities to deliver disaster relief—including by establishing FEMA as a freestanding executive
branch agency outside of DHS and substantively amending Stafford Act disaster relief. The
legislation proposes some of the most sweeping legislative reforms to FEMA since the enactment
of PKEMRA in 2006. PKEMRA strengthened FEMA’s disaster coordination authorities and
rescinded the previous transfer of related functions to the Department of Homeland Security
pursuant to its establishment in the Homeland Security Act of 2002 (P.L. 107-296, as amended).19
The FEMA Act has garnered support from a wide range of industry and government stakeholders,
including the National Emergency Management Association, the International Association of
Emergency Managers, and the Big City Emergency Managers (which together represent
numerous emergency managers across the country) and the National League of Cities and
National Association of Counties (which represent many local governments).20 Some
congressional supporters of the bill have expressed concerns regarding specific provisions,
including reforms to environmental and historic preservation reviews for funded reconstruction
projects.21
Separately, the Trump Administration has launched its own agency reform effort. On the fourth
day of his second administration, President Trump signed Executive Order (EO) 14180,
establishing the FEMA Review Council to undertake a “full-scale review” of the agency,
including its roles in coordinating federal emergency management, as well as issues of
operational efficacy, staffing levels, and alleged political bias.22 EO 14180 specifies that the
Secretary of Homeland Security (DHS Secretary) and the Secretary of Defense co-chair the
Review Council.23 In the first public meeting of the Council in May 2025, then-Secretary of
Homeland Security Kristi Noem reiterated that President Trump called for the agency “as it exists
today” to be eliminated, and to transfer more responsibilities to nonfederal governments.24 Other

19 For additional background, see CRS’s series on the Homeland Security Act, in particular CRS Report WPD00065,

The Homeland Security Act at 20: Evolution of Emergency Management, by William L. Painter, and CRS Report
R47446, The Department of Homeland Security: A Primer, by William L. Painter.
20 See House Transportation and Infrastructure, “FEMA Reform Bill Attracts Support from Emergency Management
Stakeholders,” press release, September 2, 2025, https://transportation.house.gov/news/documentsingle.aspx?
DocumentID=409031; Big City Emergency Managers et al., Letter to Chairman Sam Graves and Ranking Member
Rick Larsen, August 15, 2025, https://transportation.house.gov/uploadedfiles/coalition_letter_-_fema_act_8-15-25.pdf.
More recent endorsements include the National Association of Mutual Insurance Companies (see Letter to Speaker
Johnson and Minority Leader Jeffries, November 13, 2025, https://namicstorage.blob.core.windows.net/
namicorgassets/pdf/25memberadvisory/251113_namic_support_letter_fema_act.pdf).
21 See comments by Rep. Huffman and Rep. Westerman on Sec. 104 of the FEMA Act of 2025 raised during the House
Committee of Transportation and Infrastructure’s markup hearing for H.R. 4669, 119th Congress, 1st sess., September 3,
2025, https://transportation.house.gov/calendar/eventsingle.aspx?EventID=409017.
22 Executive Order 14180, “Council to Assess the Federal Emergency Management Agency,” 90 Federal Register
8743, January 31, 2025.
23 Department of Homeland Security (DHS), “Federal Emergency Management Agency Review Council Members,”
https://www.dhs.gov/fema-review-council-members. The Secretary of Defense is using “Secretary of War” as a
“secondary title” under Executive Order 14347, “Restoring the United States Department of War,” 90 Federal Register
43893, September 5, 2025. For more information on the structure, meeting frequency, membership, and organization of
the Council, see DHS, “Federal Emergency Management Agency Review Council,” https://www.dhs.gov/sites/default/
files/2025-02/FEMA%20Review%20Council%20Establishment%20Charter%2014FEB2025.pdf.
24 DHS, Federal Emergency Management Agency (FEMA) Review Council Open Meeting Minutes, May 20, 2025, p.
2, https://www.dhs.gov/sites/default/files/2025-08/2025_0520_fema_review_council_meetingminutes.pdf.

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Members of the Council suggested narrower reforms (e.g., accelerating assistance for long-term
recovery and exploring utilization of new models of insurance).25
According to the terms of EO 14180, the FEMA Review Council was to publish a report of its
findings and recommendations in October 2025.26 The Review Council was scheduled to hold a
meeting to review and vote on the report’s recommendations on December 11, 2025;27 following
postponements, the final meeting took place on May 7, 2026.28 At that time, the Review Council
released its report of findings and approved its recommendations.29 Some of these
recommendations align with those of the FEMA Act of 2025 (e.g., expediting the delivery of
FEMA Stafford Act grant programs), while many others diverge (e.g., the FEMA Act and the
Review Council differ on the relationship of FEMA to the Department of Homeland Security, the
design of certain grant programs, and the role of FEMA in disaster operations). The Review
Council reported that it is “imperative” that its recommendations be implemented in a phased
manner over two to three years;30 however, many likely require federal legislation.31
News reports indicated that Chairman Graves and Ranking Member Larsen planned to advance
the FEMA Act of 2025 irrespective of the recommendations of the FEMA Review Council.32

Overview of Fixing Emergency Management for
Americans Act of 2025
This report includes a brief summary of each of the Titles of the committee’s FEMA Act of 2025,
as ordered reported.

25 See for example, comments by other members of the Council in DHS, “Federal Emergency Management Agency

(FEMA) Review Council,” on July 9, 2025, and August 28, 2025, https://www.dhs.gov/sites/default/files/2025-08/
2025_0709_fema_review_council_meetingminutes.pdf and https://www.dhs.gov/sites/default/files/2025-11/
2025_0828_fema_reviewcouncil_meetingminutes.pdf.
26 Executive Order 14180, “Council to Assess the Federal Emergency Management Agency” (90 Federal Register
8743, January 31, 2025) calls for the council to hold its first public meeting within 90 days of the date the order was
issued (January 24, 2025), and its report to be published “within 180 days of the date of the Council’s first public
meeting.” The first meeting was held on May 20, 2025.
27 DHS, “Federal Emergency Management Agency Review Council; Notice of Meeting” (90 Federal Register 54360,
November 26, 2025) requires the council to produce a report to the President within 180 days of its first meeting, which
was held November 20, 2025. For additional background, see Andy Winkler and Stan Gimont, “What to Expect from
the FEMA Review Council’s Final Report,” Bipartisan Policy Center, December 10, 2025, https://bipartisanpolicy.org/
article/what-to-expect-from-the-fema-review-councils-final-report/.
28 Patrick Ryan Powers, Designated Federal Officer, President’s Council to Assess FEMA (E.O. 14180), “President’s
Council to Assess FEMA Meeting,” email, December 11, 2025; Department of Homeland Security, “Federal
Emergency Management Agency Review Council; Notice of Meeting,” 91 Federal Register 23109, April 29, 2026.
29 Department of Homeland Security, “FEMA Review Council Final Meeting Documentation,” https://www.dhs.gov/
publication/fema-review-council-final-meeting-documentation. FEMA Review Council, Final Report: The President’s
Council to Assess the Federal Emergency Management Agency, May 7, 2026, https://www.dhs.gov/sites/default/files/
2026-05/26_0507_fema%20review%20council_final%20report.pdf (hereinafter FEMA Review Council, Final Report).
30 FEMA Review Council, Final Report, p. 6.
31 The FEMA Review Council acknowledged this. FEMA Review Council, Final Report, p. 15.
32 Amelia Davidson, “Graves ‘Not Concerned’ over Differences with Trump on FEMA Overhaul,” Politico E&E Daily,
December 12, 2025, https://subscriber.politicopro.com/article/eenews/2025/12/12/graves-not-concerned-overdifferences-with-trump-on-fema-overhaul-00687469.

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Division A—Establishment of FEMA as Cabinet-Level
Independent Agency
Division A of the FEMA Act of 2025 would reorganize FEMA, redefine the agency’s mission,
and revise the authorities of its senior leaders.

Title I—Establishment of Federal Emergency Management Agency
Title I would establish FEMA as a freestanding executive branch agency outside of DHS.33
FEMA was an independent agency from its establishment through Executive Order in 1979 until
it was incorporated into DHS in March 2003, per the requirements of the Homeland Security
Act.34
The title would also designate that FEMA be accorded the status of a “cabinet-level” agency.35
This statutory designation of FEMA as a “cabinet-level” establishment might convey the sense
that Congress intends for the FEMA Administrator to be on par with the formal members of the
Cabinet—though the President ultimately determines membership in the Cabinet.36 The head of
FEMA was last accorded Cabinet rank during the Administration of President William J.
Clinton;37 President George W. Bush did not give FEMA a similar status, and it has not been a
part of the Cabinet since.38
Proponents of removing FEMA from DHS have argued that strained relationships between the
FEMA Administrator and DHS Secretary, as well as the conflation of disaster response with
national security, may undermine federal disaster response operations and funding; establishing
FEMA as a Cabinet-level agency may enhance its ability to coordinate long-term recovery.39
Advocates of retaining the current organization of FEMA within DHS argue that reorganization
could demand significant resources without redressing the most pressing issues.40 Chairman

33 H.R. 4669, §11, as ordered reported.
34 See Sec. 503(a) of the Homeland Security Act (6 U.S.C. §313).
35 H.R. 4669, §11, as ordered reported.
36 CRS explains “[t]his special status [i.e., membership in the Cabinet] is not recognized in law and is purely a

presidential distinction that can be given and later withdrawn.” CRS Report RL30673, The President’s Cabinet:
Evolution, Alternatives, and Proposals for Change, September 12, 2000, p. 5, available at https://www.congress.gov/
116/meeting/house/110331/documents/HMKP-116-JU00-20191211-SD961.pdf.
37 President Clinton elevated FEMA to his Cabinet in 1996. For additional background, see U.S. Department of
Homeland Security (DHS) Office of Inspector General (OIG), “FEMA: In or Out?” OIG-09-25, February 2009, pp. 67, https://www.oig.dhs.gov/sites/default/files/assets/Mgmt/OIG_09-25_Feb09.pdf (hereinafter DHS OIG, “FEMA: In
or Out?”); Patrick Roberts, “FEMA After Katrina,” Policy Review 137 (June 2006); and CRS Report RL30673, The
President’s Cabinet: Evolution, Alternatives, and Proposals for Change, by Ronald C. Moe, September 12, 2000,
available at https://www.congress.gov/116/meeting/house/110331/documents/HMKP-116-JU00-20191211-SD961.pdf.
38 DHS OIG, “FEMA: In or Out?” Current statute specifies that the FEMA Administrator is the President’s principal
advisor on emergency management and allows, at the discretion of the President, the FEMA Administrator to serve as a
Cabinet member during specified emergencies (6 U.S.C. §§313(c)(4) and (5)).
39 See for example comments from Deanne Criswell, who served as FEMA Administrator during the first Trump
Administration, in “The Future of FEMA: Lessons from 2025 and What Comes Next,” panel discussion, Carnegie
Endowment for International Peace, December 15, 2025 (hereinafter Carnegie Endowment, “Future of FEMA”),
https://carnegieendowment.org/events/2025/12/the-future-of-fema-lessons-from-2025-and-what-comes-next?lang=en;
and Hunter Knapp, “Managing an Administrative Emergency: Establishing FEMA as an Independent Agency,”
Colorado Natural Resources, Energy & Environmental Law Review, vol. 31, no. 1, Winter 2020, pp. 231-264.
40 See for example comments from Peter Gaynor, who served as FEMA Administrator during the first Trump
Administration, in Carnegie Endowment, “Future of FEMA.”

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FEMA Act of 2025: Context, Overview, Summary of Provisions

Graves and other Members supporting FEMA removal from DHS have explained that an
independent FEMA enhances accountability and establishes clear lines of authority.41
Title I would separate FEMA’s mission and activities42 and the authorities of its Administrator43
from the Department of Homeland Security.44 The title would transfer to the freestanding agency
the functions of FEMA as constituted on the date of enactment. More specifically, it would
transfer to the FEMA Administrator of the new, independent FEMA the agency’s functions under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act and subsequent
amendments, the National Flood Insurance Act of 1968 (42 U.S.C. §§4001 et seq.), the
Earthquake Hazards Reduction Act of 1977 (42 U.S.C. §§7701 et seq.), and the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. §§2201 et seq.), among others.45 Title I would
also change the scope of FEMA’s mission and activities. For example, it would remove explicit
references to “acts of terrorism” from the description of FEMA’s mission and would add
requirements that FEMA develop and maintain research necessary to support the agency’s
activities, among other changes.46
Further, Title I would also require additional changes to FEMA’s internal oversight structures and
workforce. It would establish an Office of the Inspector General (OIG) within FEMA47—
removing FEMA from the jurisdiction of DHS’s OIG, as is provided under current authorities.48
To support FEMA’s reorganization and enhanced authorities, Title I would, among other
provisions, authorize a transition period for the standup of FEMA as an independent agency,49
liaison offices for coordination between DHS and FEMA,50 personnel appointments, delegations
of functions, transfers of unexpended appropriations, agency property, and current personnel51
and specified reorganization activities.52

Title II—Offices and Functions of FEMA
Division A, Title II would amend the Homeland Security Act to repeal authorities describing the
agency’s mission, leadership, and establishment within DHS53 in order to conform with
41 Chairman Graves, “Reforming FEMA,” July 25, 2025, https://graves.house.gov/media/e-newsletters/reforming-fema;

Ranking Member Larsen, “Larsen’s FEMA Reform Act of 2025 Approved by Transportation and Infrastructure
Committee,” September 4, 2025, https://larsen.house.gov/news/documentsingle.aspx?DocumentID=4029.
42 H.R. 4669 §11(a)-(c), as ordered reported.
43 H.R. 4669 §§12(a) and Sec. 13(a)-(b), as ordered reported.
44 For additional background on FEMA’s integration into DHS, see CRS Report WPD00065, The Homeland Security
Act at 20: Evolution of Emergency Management, by William L. Painter.
45 H.R. 4669 §15, as ordered reported.
46 FEMA’s mission is currently established in 6 U.S.C. §313. The FEMA Act of 2025 retains most language describing
FEMA’s mission, but removes references to “acts of terrorism” from the list of incidents within FEMA’s mission,
among other changes.
47 H.R. 4669 §14, as ordered reported.
48 For more information, see CRS Report R45450, Statutory Inspectors General in the Federal Government: A Primer,
by Ben Wilhelm; and GAO-21-316, DHS Office of Inspector General: Actions Needed to Address Long-Standing
Weaknesses, GAO, June 2021, https://www.gao.gov/assets/720/714718.pdf.
49 H.R. 4669 §§15(c) and 15(e), as ordered reported.
50 H.R. 4669 §15(g), as ordered reported.
51 H.R. 4669 §16, as ordered reported.
52 H.R. 4669 §17, as ordered reported.
53 H.R. 4669 §21(b), as ordered reported, repealing Secs. 503, 504, and 506 of the Homeland Security Act (6 U.S.C.
§§313-314 and 316). The FEMA Act of 2025 Secs. 11-13 reestablish the agency’s mission, responsibilities, activities,
and leadership outside of DHS.

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provisions in Title I (which establish FEMA as an independent agency). Title II would also
transfer several additional functions from the DHS Secretary to the Administrator of FEMA. For
example, during disasters, the FEMA Administrator would direct the Nuclear Incident Response
Team54—a role currently assigned to the DHS Secretary.55 The National Operations Center would
be redefined as the principal operations center for FEMA,56 rather than for DHS, as described
under current law.57 Title II would reestablish the National Advisory Council (NAC), a body of
experts and stakeholders that is to advise the Administrator on all aspects of emergency
management. The NAC was originally authorized in PKEMRA and disbanded by the second
Trump Administration.58

Title III—Related Matters
Division A, Title III would require the President, within 120 days of enactment, to amend several
presidential directives related to domestic incident management to align with the changes outlined
in Division A.59 Title III would also require the FEMA Administrator to prepare legislative
recommendations for Congress necessary to fully effect the changes in the Division.60

Division B—FEMA Reforms
Division B would reform three primary areas of disaster-related assistance administered by
FEMA, amongst other provisions: Public Assistance (PA; response and recovery aid for disasteraffected communities); Individual Assistance (IA; response and recovery aid for disaster
survivors); and Hazard Mitigation Assistance (HMA; assistance to reduce the risks associated
with future disasters). Additionally, some provisions would revise procedures for Stafford Act
declarations and mandate that FEMA, GAO, and other stakeholders enhance agency transparency
and accountability by undertaking studies and publishing data on different aspects of Stafford Act
assistance.

Title I—Public Assistance Reforms
FEMA’s PA program provides financial and direct relief (e.g., personnel or supplies) to states,
tribes, territories, local governments, and eligible nonprofits (subrecipients) following a
declaration of an emergency or major disaster under the Stafford Act. In general, PA accounts for
the majority of funds obligated from the Disaster Relief Fund (DRF, which finances all Stafford
Act assistance). Title I would substantively restructure the program to reform “overly
bureaucratic” procedures, as H.R. 4669 co-sponsor Representative Daniel Webster explained
during committee markup.61 Most notably, Title I would authorize “expedited” assistance for PA
to cover the costs of rebuilding damaged nonprofit and public facilities under a new Section 409
54 H.R. 4669 §§13(a)(3)(B) and 21(i), as ordered reported.
55 Sec. 517 of the Homeland Security Act (6 U.S.C. §321f).
56 H.R. 4669 §21(h), as ordered reported.
57 Sec. 515(b) of the Homeland Security Act (6 U.S.C. §321d).
58 Sec. 508 of PKEMRA (6 U.S.C. §318). FEMA reported “In keeping with guidance from the Department of

Homeland Security, the current council members have been dismissed.” FEMA, “National Advisory Council,”
https://www.fema.gov/about/offices/national-advisory-council.
59 H.R. 4669 §31, as ordered reported.
60 H.R. 4669 §32, as ordered reported.
61 See Rep. Webster’s remarks during the House Committee of Transportation and Infrastructure’s markup hearing for
H.R. 4669, 119th Congress, 1st sess., September 3, 2025, https://transportation.house.gov/calendar/eventsingle.aspx?
EventID=409017.

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of the Stafford Act. In contrast to existing authorities, Section 409 would afford less discretion to
FEMA during the PA grant review process and would establish deadlines for subrecipients to
submit project estimates and for FEMA to review and approve awards.62 Section 409 would also
require award estimates to incorporate the cost of mitigation and compliance with applicable
building codes, while disregarding the pre-disaster condition of the facility.63
Other key provisions of the bill would broaden the types of emergency response and debris
removal activities that may receive reimbursement through PA,64 and would eliminate certain
restrictions on assistance available for the costs of managing PA grants.65 Title I would authorize a
program that allows a governor or tribal chief executive the option to request a lump sum
payment for a given disaster that would otherwise be eligible for PA (a variation of a “block
grant”).66
Title I also includes several provisions that would reform Stafford Act declarations (emergency
and major disaster) broadly.67 One such provision would create a task force to address a backlog
of open Stafford Act declarations;68 another would establish a panel to review procedures for
determining “incident periods” (i.e., FEMA’s determination of the duration of a given incident).69
Another provision would allow federally-recognized tribes to receive Fire Management
Assistance Grants (FMAGs).70

Title II—Individual Assistance Reforms
Under current law, FEMA may assist disaster survivors with their recovery when the IA program
is authorized pursuant to a presidential declaration under the Stafford Act.71 One form of IA is the
Individuals and Households Program (IHP), through which FEMA may provide disaster survivors
with financial and direct assistance to address their disaster-caused housing and other needs.72
62 H.R. 4669 §101(a), as ordered reported.
63 Under current law, FEMA PA is generally provided to restore a facility to its pre-disaster function, rather than

redress damages related to deferred maintenance or incidents aside from the declared disaster. FEMA PA currently can
provide assistance for mitigation measures on an eligible facility—but funds are limited to those considered “costeffective.” For more information, see CRS Report R46749, FEMA’s Public Assistance Program: A Primer and
Considerations for Congress, by Erica A. Lee.
64 H.R. 4669 §§114, 115, 119, 206, 214, and 215, as ordered reported (which broaden and/or modify essential
assistance for emergency response) and 107 (which broadens assistance for debris removal).
65 H.R. 4669 §108, as ordered reported, which substantively reflects legislation previously introduced in the 119th
Congress as H.R. 744 and S. 773 as the “Disaster Management Costs Modernization Act.”
66 H.R. 4669 §106, as ordered reported, which substantively reflects language previously introduced in the 118 th
Congress as H.R. 8728, “State-Managed Disaster Relief Act.”
67 For background, see CRS Report R42702, Stafford Act Declarations 1953-2016: Trends, Analyses, and Implications
for Congress, by Bruce R. Lindsay.
68 H.R. 4669 §102, as ordered reported.
69
H.R. 4669 §110, as ordered reported, which substantively reflects language introduced in the 119th Congress as H.R.
3661, “the Extreme Weather and Heat Response Modernization Act.”
70 H.R. 4669 §111, as ordered reported, which mirrors language introduced in the 119 th Congress in H.R. 3957.
71 For information on FEMA’s Individual Assistance (IA) programs, see CRS Report R46014, FEMA Individual
Assistance Programs: An Overview, by Elizabeth M. Webster.
72 The Individuals and Households Program (IHP), Stafford Act Sec. 408, is codified at 42 U.S.C. §5174. FEMA IHP
Housing Assistance includes different forms of temporary housing assistance, as well as assistance for home repairs or
replacement and permanent housing construction. IHP Other Needs Assistance (ONA) funds may be used for funeral,
medical and dental, childcare, personal property, transportation, and other disaster-caused expenses, such as funding for
essential items. See FEMA’s “Individuals and Households Program” webpage for further information, available
at https://www.fema.gov/assistance/individual/program.

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FEMA Act of 2025: Context, Overview, Summary of Provisions

Other forms of IA allow FEMA to provide funding for crisis counseling, case management
services, legal services, and unemployment and re-employment assistance.73 Like the PA
program, the IA program is funded through the DRF.74
The committee’s FEMA Act of 2025 would make substantial changes to the IA program, and
specifically the IHP, including by expanding eligibility for IHP assistance,75 adding new forms of
housing assistance (i.e., Direct Assistance for Repairs, Replacement Assistance for Total Loss,
and state/territory/tribe-managed direct housing assistance),76 streamlining the process to apply
for federal disaster assistance,77 and amending the cost share for certain forms of housing
assistance.78 Many of the changes included in the proposed FEMA Act were previously
introduced by other bipartisan legislation, and were aligned with the recommendations of GAO
and emergency management stakeholders.79 One example is a provision to establish a unified
application for disaster assistance.80 The FEMA Act would enable disaster survivors to submit a
single application for assistance; the current disaster recovery system requires disaster survivors
to submit separate—often duplicative—applications when seeking federal assistance from
FEMA, the U.S. Department of Housing and Urban Development, and the Small Business
Administration.81
This title includes other key reforms to the IA program including:
•

extending the period of assistance from 18 months to 24 months;82

73 The Crisis Counseling Assistance and Training Program (CCP), Stafford Act Sec. 416, is codified at 42 U.S.C.

§5183; Disaster Case Management (DCM), Stafford Act Sec. 426, is codified at 42 U.S.C. §5189d; Disaster Legal
Services (DLS), Stafford Act Sec. 415, is codified at 42 U.S.C. §5182; and Disaster Unemployment Assistance,
Stafford Act Sec. 410, is codified at 42 U.S.C. §5177.
74 For additional information on the Disaster Relief Fund, see CRS Report R45484, The Disaster Relief Fund:
Overview and Issues, by William L. Painter (see the section on “What federal government activities are funded under
the DRF?”).
75 For example, H.R. 4669 §205, as ordered reported, would expand eligibility for IHP housing assistance.
76 See H.R. 4669 as ordered reported §207 (Direct Assistance for Repairs), §216 (Replacement Assistance for Total
Loss); and §211 (State-Managed Housing Authority), which would establish new forms of housing assistance.
77 Sec. H.R. 4669 as ordered reported §§201-202 would establish a universal disaster application system and a universal
application for disaster assistance, streamlining the application process.
78 H.R. 4669 §211(a)(2), as ordered reported, would amend the Stafford Act IHP cost share at 42 U.S.C. §5174(g) to
make the federal share for assistance provided under subsections (c)(1)(B) [direct assistance], (c)(2)(B) [direct
assistance for repairs as established per Sec. 207 of H.R. 4669], and (c)(4) [permanent housing construction], not less
than 75%.
79 H.R. 4669 as ordered reported mirrors the text of previously introduced legislation. As examples, §§202 and 201
would establish a universal application and system, and these provisions mirror the text of previously introduced
legislation, including §§2 and 3, respectively, of H.R. 1245—Disaster Survivors Fairness Act of 2025, H.R. 1796—
Disaster Survivors Fairness Act of 2023, and H.R. 8416—Disaster Survivors Fairness Act of 2022. Additionally,
several Senate bills would establish a unified application and system, including S. 4599—Disaster Assistance
Simplification Act, S. 1528—Disaster Assistance Simplification Act, and S. 861—Disaster Assistance Simplification
Act. Additionally, GAO recommended establishing a universal application (GAO, Disaster Recovery: Actions Needed
to Improve the Federal Approach, GAO-23-104956, November 15, 2022, pp. 35-36, https://www.gao.gov/assets/gao23-104956.pdf).
80 H.R. 4669 §§201-202, as ordered reported.
81 H.R. 4669 §§201(f(e) and 202(b), as ordered reported. See also Rebecca Orbach and Owen Minot, “Simplifying
Disaster Assistance for Survivors,” Bipartisan Policy Center (BPC), February 29, 2024, https://bipartisanpolicy.org/
blog/simplifying-disaster-assistance-for-survivors/.
82 H.R. 4669 §209(a), as ordered reported. This would amend the IHP statute (Stafford Act Sec. 408).

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FEMA Act of 2025: Context, Overview, Summary of Provisions

•

•
•
•

expanding IHP assistance for cost-effective hazard mitigation measures and
establishing a separate funding cap for financial assistance provided for hazard
mitigation under the IHP;83
enabling disaster survivors to receive assistance from other sources (e.g.,
charitable donations) without it affecting their IHP eligibility;84
ensuring post-disaster rent increases are accounted for when providing rental
assistance to disaster survivors;85 and
enabling individuals experiencing homelessness to receive temporary housing
assistance under the IHP.86

Title III—Mitigation Reforms
The Federal Emergency Management Agency defines hazard mitigation as “any sustained action
to reduce or eliminate long-term risk to people and property from natural hazards and their
effects.” Four hazard mitigation assistance (HMA) grant programs authorized by the Stafford Act
would be affected by Division B, Title III of the proposed FEMA Act of 2025:
•
•
•
•

the Pre-Disaster Mitigation Grant Program (PDM);87
the Building Resilient Infrastructure and Communities (BRIC);88
the Safeguarding Tomorrow Revolving Loan Fund Program (STRLF);89 and
the Hazard Mitigation Grant Program (HMGP).90

The first three programs can provide pre-disaster mitigation funding for use in anticipation of an
incident.91 HMGP is only available through a major disaster declaration or FMAG, but must be
used to reduce losses from future disasters.92 Title III of Division B would make significant
changes to the four Stafford Act HMA programs:93
•

The act would establish a process for states, territories, and tribes (STTs) to
submit mitigation project plans for pre-approval before a disaster occurs. Projects
included in a pre-approved mitigation plan would be considered approved under
any of the four Stafford Act HMA programs and would not be subject to any
additional approval requirements, procedures, or reviews.

83 H.R. 4669 §205(b), as ordered reported. This would amend the IHP statute (Stafford Act Sec. 408).
84 H.R. 4669 §203(c), as ordered reported. This would amend the duplication of benefits statute (Stafford Act Sec. 312).
85 H.R. 4669 §212, as ordered reported. This would amend the IHP statute (Stafford Act Sec. 408).
86 H.R. 4669 §214, as ordered reported. This would amend the IHP statute (Stafford Act Sec. 408).
87 Stafford Act Sec. 203, 42 U.S.C. §5133.
88 Stafford Act Sec. 203, 42 U.S.C. §5133.
89 Stafford Act Sec. 205, 42 U.S.C. §5135.
90 Stafford Act Sec. 404, 42 U.S.C. §5170c.
91 FEMA created the BRIC program in FY2020 to replace the PDM program as the main grant program for pre-disaster

mitigation. PDM funding has continued to be awarded as congressionally directed spending (earmarks). Both programs
fall under Stafford Act Sec. 203. This report uses the term “pre-disaster mitigation” to mean either PDM or BRIC
awards, or both.
92 Public Assistance under Stafford Act Sec. 406 and Individual Assistance under Stafford Act Sec. 408 may also fund
mitigation measures if such assistance is authorized by an emergency or disaster declaration.
93 The FEMA Act does not make any changes to the FMA grant program, which is authorized by the National Flood
Insurance Act of 1968 (42 U.S.C. §4001 et seq.) rather than the Stafford Act.

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•

•

•

The act would also restructure pre-disaster mitigation funding awarded under
Stafford Act Section 203 into a formula-based grant with specified percentages
associated with particular criteria.94 It would also make funding under preapproved mitigation plans available to private non-profit facilities, public-private
partnerships, and projects executed through a combination of other federal
mitigation programs, including HMGP.
Additionally, the act would require FEMA to establish and carry out a residential
retrofit and resilience pilot project to provide grants to individuals who
demonstrate financial need.95 Stafford Act Section 304 would make it possible to
combine HMGP funds with other federal assistance and would replace the
current reimbursement-based approach by allowing the President to provide the
total federal share before eligible costs are incurred.
Finally, the act would require FEMA to develop a consolidated grant application
for pre-disaster and post-disaster funding for all four Stafford Act HMA
programs.96

Title IV—Transparency and Accountability
Division B, Title VI of the FEMA Act includes provisions primarily related to oversight and
accountability of FEMA. Eleven provisions would require reviews and congressional briefings by
GAO on different topics, including:
•
•
•
•

the transition of FEMA required by Division A, Title I (i.e., its establishment as
an independent agency outside of DHS),97
preliminary damage assessments FEMA uses to assess the need for Stafford Act
assistance for survivors pursuant to a major disaster,98
insurance coverage of facilities eligible for Public Assistance,99 and
the use of and funding for wildfire management plans.100

Title IV also would also require new reporting requirements from certain executive branch offices
and officials. For example, Section 416 would require the President to provide a detailed
justification of a denial or approval to governors who request a major disaster declaration, and
Section 414 would require FEMA to provide a report to Congress on improvements to disaster
recovery assistance for individuals.101
Several other sections would require FEMA, sometimes in concert with other federal agencies, to
establish publicly accessible databases with detailed information on FEMA-administered disaster
relief. For example, Section 402 would require FEMA, the Director of the Office of Management
and Budget, and the heads of certain other agencies delivering disaster assistance to establish a
webpage under the Federal Funding Accountability and Transparency Act of 2006 to provide
94 H.R. 4669 §302, as ordered reported. Criteria include state population and median income, vulnerability of critical

infrastructure to natural hazards, and amount of pre-approved mitigation plans in economically distressed communities.
95 H.R. 4669 §303, as ordered reported.
96 H.R. 4669 §307, as ordered reported.
97 H.R. 4669 §401, as ordered reported.
98 H.R. 4669 §407, as ordered reported.
99 H.R. 4669 §410, as ordered reported.
100 H.R. 4669 §411, as ordered reported.
101 H.R. 4669 §414, as ordered reported.

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detailed project-level information on disaster assistance obligated and expended each quarter.102
Similarly, Sections 406 and 418 would require FEMA to publish an online dashboard on certain
information related to IA and PA, respectively.
Title IV would also require the FEMA Administrator, in concert with different federal and
nonfederal partners, to conduct several studies aiming to inform the preparedness mitigation,
response, and recovery operations of FEMA and nonfederal partners. For example, Section 417
would require FEMA to establish a working group of specific federal and nonfederal stakeholders
to identify best practices for managing “fast-moving disasters.”

102 H.R. 4669 §402, as ordered reported.

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Fixing Emergency Management for Americans Act of 2025: Section Analyses
The tables below provide brief summaries of each section of the committee’s FEMA Act of 2025 (based on the amended version of the
Amendment in the Nature of a Substitute to H.R. 4669 offered by Representative Graves of Missouri, August 29, 2025), and comparisons to
existing authorities. The third column includes notes on each section, including related bills. To identify related legislation, CRS used
Congress.gov to conduct searches of key terms in legislative documents dating back to the 116th Congress, reviewed search results for relevance,
and selected the most directly related bills. Due to the limitations of text-based searches, these results may not be comprehensive.

CRS-14

Table 1. Division A, Title I—Establishment of Federal Emergency Management Agency
FEMA Act of
2025
Provision, as
ordered
reported
Sec. 11.
Establishment
of independent
agency.

Summary and Comparison to Current Authorities
Sec. 11(a) would establish FEMA as an independent “cabinet-level” executive entity, outside of the
Department of Homeland Security. As noted above, only the President can dictate membership in the
President’s Cabinet.
Sec. 11(b)-(c) would codify the mission of the Agency and the specific activities of the FEMA Administrator
under that mission. The new language largely reflects existing statutory language at 6 U.S.C. §313 establishing
FEMA’s mission to “reduce the loss of life and property of the Nation from all hazards ... by leading and
supporting the Nation in a comprehensive emergency management system...” and the FEMA Administrator’s
activities to advance that mission, with a few exceptions.
In contrast to existing language:
•

Sec. 11(b)-(c) does not contain references to “acts of terrorism” among those incidents under the
FEMA Administrator’s emergency management purview, among other changes.

•

Sec. 11(c) does not contain the directive that the FEMA Administrator “under the leadership of the
Secretary, coordinate with the Commandant of the Coast Guard, the Director of Customs and Border
Protection, the Director of Immigration and Customs Enforcement, the National Operations Center,
and other agencies and offices in the Department to take full advantage of the substantial range of
resources in the Department.”

•

Sec. 11(c) would add “individuals with disabilities, and other at-risk populations with access and
functional needs” to the list of groups whose needs the FEMA Administrator shall identify and integrate
into agency emergency management activities.

•

Sec. 11(c) would add the development and maintenance of research and testing activities in support of
the Agency’s missions to the FEMA Administrator’s activities.
Sec. 11(d) would define terms in the subsection.

CRS-15

Notes (e.g., Related Bills and Key
Reference Sources)
The FEMA Independence Act of 2025 (S.
1246/H.R. 2308,119th Cong., introduced)
and its predecessor (H.R. 5599, 118th
Cong., introduced) also would (or would
have) establish(ed) FEMA as a “cabinetlevel independent establishment.”
For additional background on the
position of FEMA within DHS, see U.S.
Department of Homeland Security
(DHS) Office of Inspector General
(OIG), “FEMA: In or Out?” OIG-09-25,
February 2009, pp. 6-7; Patrick Roberts,
“FEMA After Katrina,” Policy Review 137
(June 2006), and U.S. Congress, House
Committee on Homeland Security,
PKEMRA Implementation: An Examination
of FEMA’s Preparedness and Response
Mission, hearing, 111th Cong., 1st sess.,
Mar. 17, 2009.

FEMA Act of
2025
Provision, as
ordered
reported
Sec. 12.
Administrator;
Deputy
Administrator;
other officials
of the Agency.

CRS-16

Summary and Comparison to Current Authorities
Sec. 12 of the FEMA Act would outline the role, duties, and qualifications of the FEMA Administrator, the
Deputy Administrator, and Assistant Administrators. Sec. 12 of the FEMA Act would also outline the
appointment procedures for the positions, increase the annual rate of pay for the FEMA Administrator, and
limit the appointment of the FEMA Deputy Administrator to one position.
Sec. 12(a)(1) would contain existing language specifying that the President appoints the FEMA Administrator
with Senate advice and consent, and that the Administrator would be the principal advisor of the President
in all matters of emergency management in the United States (Sec. 503(c)(4)(A) of the HSA, 6 U.S.C.
§313(c)(4)(A)). Sec. 12(a)(3) would generally contain existing language at 6 U.S.C. §313(c)(2) specifying that
the FEMA Administrator have a demonstrated ability in, and knowledge of, emergency management, and not
less than five years of executive leadership and management experience in the public or private sector, while
removing required background in homeland security. Sec.12(4) of the FEMA Act would increase the annual
rate of basic pay for the FEMA Administrator by moving the position from the Executive Schedule under 5
U.S.C. §5313 (level 2) to the Executive Schedule under 5 U.S.C. §5312.
Sec. 12 would provide for one FEMA Deputy Administrator and specifies that the individual holding the
position must possess extensive knowledge in emergency preparedness, response, recovery, and mitigation.
Under current law, the President may appoint up to four Deputy Administrators with the advice and
consent of the Senate (Sec. 514 of the HSA, 6 U.S.C. §321c), and the qualifications of the Deputy
Administrator are not specified. As under current law, Sec. 12(b)(1) would require the FEMA Deputy
Administrator to be appointed by the President and confirmed by the Senate. The FEMA Deputy
Administrator would be tasked with executing the responsibilities and authorities delegated by the FEMA
Administrator. Additionally, the Deputy Administrator would serve in the capacity of the FEMA
Administrator during periods of absence, incapacity, or vacancy in the appointment of the FEMA
Administrator. Current law does not specify these responsibilities.
Sec. 12(c)(1) would authorize the FEMA Administrator to appoint Assistant Administrators, whose duties
would be determined by the Administrator. To be qualified for the position, an Assistant Administrator
would be required to have a demonstrated ability in, and knowledge of, emergency management or other
field relevant to the position. Current law does not specify the appointment of Assistant Administrators.

Notes (e.g., Related Bills and Key
Reference Sources)
For additional background on the
position of FEMA within DHS, see U.S.
Department of Homeland Security
(DHS) Office of Inspector General
(OIG), “FEMA: In or Out?” OIG-09-25,
February 2009, pp. 6-7; Patrick Roberts,
“FEMA After Katrina,” Policy Review 137
(June 2006).

FEMA Act of
2025
Provision, as
ordered
reported

Summary and Comparison to Current Authorities

Notes (e.g., Related Bills and Key
Reference Sources)

Sec. 13.
Authority and
responsibilities.

Sec. 13. would define the FEMA Administrator’s authorities. The text of Sec. 13(a) and (b) closely aligns with
the current text of 6 U.S.C. §314(a) and (b). However, Sec. 13 does not contain specific references to
terrorism and terrorist attacks among those incidents within the purview of FEMA and the FEMA
Administrator, among other technical changes.
Sec. 13(c) would define the terms “interoperable” (incorporating the definition in 6 U.S.C. §194(g)(1)), “local
government,” “state,” and “Tribal government” (similar to Stafford Act Sec. 102 (definitions)), and
“resources.”

Sec. 14. Office
of the
Inspector
General.

Sec. 14 would create an Office of the Inspector General (OIG) within FEMA, with an inspector general
appointed by the President with the advice and consent of the Senate. Current law (Sec. 103(b) of the HSA;
6 U.S.C. §113(b)) establishes an OIG for DHS. This office is responsible for evaluating operations across
DHS and component agencies, including FEMA.
Prior to the establishment of the Department of Homeland Security, FEMA operated its own Office of
Inspector General. See Kathryn Newcomer, “The Changing Nature of Accountability: The Role of the
Inspector General in Federal Agencies.”

Sec. 5 of the FEMA Independence Act of
2025 (S. 1246/H.R. 2308, 119th Cong.,
introduced) and its predecessor (H.R.
5599, 118th Cong., introduced) also
would (or would have) establish(ed) an
independent OIG at FEMA
For more information, see CRS Report
R45450, Statutory Inspectors General in the
Federal Government: A Primer, by Ben
Wilhelm. For background on recent
congressional concerns with the DHS
OIG, see GAO, DHS Office of Inspector
General: Actions Needed to Address LongStanding Management Weaknesses, GAO21-316, June 3, 2021.

Sec. 15.
Transfer of
functions.

Sec. 15 would transfer the functions of FEMA, as it exists within DHS, to the Administrator of the
independent FEMA. These functions would include those vested in FEMA (as a component of DHS) prior to
enactment, and specified functions under the Stafford Act. Other specified programs would remain at DHS,
and Sec. 15 would require DHS and FEMA to develop a memorandum of understanding to enable FEMA to
carry out, for a fee, the excepted functions during the transition period. Transition activities would be
required to be carried out within a year of enactment, drawing on specified support and resources from
DHS. Sec. 15 would also transfer to the inspector general of the new FEMA all inspector general functions
that had been vested in FEMA before its integration into DHS pursuant to the HSA. It states that the FEMA
Act would not affect the appointments of the U.S. Fire Administrator or the Federal Insurance
Administrator. It would require the new FEMA to have an office to liaise with DHS.

For a comparison with similar provisions,
see Title V of the HSA (P.L. 107-296; 116
Stat. 2212), especially Secs. 503 and 507.
See also Sec. 611(13) of the Post-Katrina
Emergency Management Reform Act
(P.L. 109-295; 120 Stat. 1400), which
amends Sec. 505 of HSA.

CRS-17

FEMA Act of
2025
Provision, as
ordered
reported

Summary and Comparison to Current Authorities

Sec. 16.
Personnel and
other
transfers.

Sec. 16 would authorize the FEMA Administrator to appoint and fix the compensation of such officers and
employees, including investigators, attorneys, and administrative law judges, as may be necessary to carry
out the respective functions transferred under Sec. 15, and specifies that such appointments would generally
align with compensation and civil service laws under Title 5, United States Code. Sec. 16(b) would also
authorize the FEMA Administrator to obtain the services of experts and consultants in accordance with 5
U.S.C. § 3109. Except where otherwise expressly prohibited by law, the FEMA Administrator could delegate
any of the functions transferred or delegated to the Administrator, but the FEMA Administrator would
retain responsibility for the administration of such functions.
Sec. 16(c) would authorize the FEMA Administrator to organize agency functions among its officers, and
“establish, consolidate, alter, or discontinue such organizational entities” following written notice to
Congress. Sec. 16(e) would require that, except as otherwise provided, FEMA personnel be transferred to
the newly established, independent FEMA and prescribe procedures for the transfer.

Sec. 17. Saving
provisions.

Sec. 17 would provide for the continuing effect of specified legal documents during and after the transition
of FEMA into an independent agency, outside of DHS. It would also provide for continuity in FEMA
proceedings, such as rulemaking, financial assistance application, orders, appeals, and payments without
regard to changes under the FEMA Act. It would provide that specified legal proceedings and administrative
actions will not be affected by the FEMA Act.

Sec. 18.
References.

Sec. 18 would provide that official references to FEMA, its Administrator, or its OIG be considered to refer
and apply to the respective entity or official as it would be established in the FEMA Act. These would
include, for example, references in law, executive order, rule, regulation, or delegation of authority.

CRS-18

Notes (e.g., Related Bills and Key
Reference Sources)

For a comparison with similar provisions,
see Sec. 1512 of the HSA (116 Stat.
2310) and Sec. 1466 of the BUILD Act of
2018 (P.L. 115-254, Division F; 132 Stat.
3514).

FEMA Act of
2025
Provision, as
ordered
reported

Summary and Comparison to Current Authorities

Sec. 19.
Federal
Emergency
Management
Agency
Working
Capital Fund.

Sec. 19 would establish a FEMA Working Capital Fund (WCF) specifically focused on operational costs for
any FEMA headquarters or multidisciplinary facility and would authorize the FEMA Administrator to set and
collect user fees to cover the costs of services and equipment provided to other federal agencies at any
FEMA headquarters or multi-disciplinary facility. Sec. 19 would specify the authorized sources and uses of
those user fees and provide for the transfer to the new FEMA WCF of DHS WCF resources that would
otherwise have been made available for FEMA as a component of DHS.
FEMA’s initial WCF was established in the FY1997 Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act (P.L. 104-204). In the FY2004 DHS
Appropriations Act (P.L. 108-90), Sec. 506 transferred FEMA's WCF to DHS, and repurposed it “for
expenses and equipment necessary for maintenance and operations of such administrative services as the
Secretary of Homeland Security determines may be performed more advantageously as central services.”
Sec. 6025 of P.L. 109-13 (an FY2005 supplemental appropriations measure) required annual budget
justifications for the WCF. The DHS WCF was dissolved in FY2021 after many of its responsibilities were
shifted to individual components. The remaining DHS WCF responsibility—the operational costs for FEMA’s
Mount Weather Emergency Operations Center—is reportedly handled by a Mount Weather WCF.

Sec. 20.
Improving
disaster
assistance for
veterans.

Sec. 20 would add Sec. 328 to the Stafford Act to create the position of Veterans Advocate at FEMA. The
Veterans Advocate would be responsible for advocating for the fair treatment of veterans in the provision of
Stafford Act assistance, including by ensuring they are considered in decisions regarding declaration requests
and liaising with veterans service organizations.

Sec. 20A.
Unmanned
aircraft
response
system.

Sec. 20A would require the FEMA Administrator to submit to the House Committee of Transportation and
Infrastructure and Senate Committee on Homeland Security and Governmental Affairs a plan to launch a
program to use unmanned aircraft systems (e.g., drones) to support disaster response and recovery and
carry out the mission of the Agency. The FEMA Administrator would be directed to work with Federal
Aviation Administration. Sec. 20A would establish specific components of the plan, require implementation
of the plan one year after submission, and require congressional briefings 18 months after implementation,
and annually thereafter.

Notes (e.g., Related Bills and Key
Reference Sources)

Sec. 20 mirrors the text of Sec. 2 of the
Improving Disaster Assistance for
Veterans Act (H.R. 4480,119th Cong.,
introduced).

Source: Compiled by CRS using bills located using Congress.gov, the Robert T. Stafford Disaster Relief and Emergency Assistance Act (P.L. 93-288, as amended), the
Homeland Security Act of 2002 (HSA, P.L. 107-296, as amended) and the FEMA Act of 2025. CRS based its analysis on the amended version of the Amendment in the
Nature of a Substitute to H.R. 4669 (the FEMA Act of 2025) offered by Rep. Graves of Missouri, August 29, 2025, available at https://transportation.house.gov/
uploadedfiles/fema_text.pdf, and the approved amendment submitted by Rep. Carson of Indiana, available at http://docs.house.gov/meetings/PW/PW00/20250903/
118581/BILLS-119-4669-C001072-Amdt-039.pdf, and the approved manager’s amendment submitted by Chairman Graves, available at https://docs.house.gov/meetings/

CRS-19

PW/PW00/20250903/118581/BILLS-119-4669-G000546-Amdt-1.pdf; Kathryn Newcomer, “The Changing Nature of Accountability: The Role of the Inspector General in
Federal Agencies,” Public Administration Review, March/April 1998, vol. 58, no. 2.
Notes: Acronyms include DHS = U.S. Department of Homeland Security; FEMA = Federal Emergency Management Agency; OIG = Office of Inspector General; HSA =
Homeland Security Act of 2002.

Table 2. Division A, Title II—Offices and Functions of Federal Emergency Management Agency
FEMA Act of
2025
Provision, as
ordered
reported

Summary and Comparison to Current Authorities

Sec. 21(a)
National
emergency
management.

Sec. 21(a) would amend Sec. 103(a)(1) of the HSA (6 U.S.C. §113(a)(1)) by eliminating the designation of the
FEMA Administrator as an Under Secretary of Homeland Security. This would conform with earlier sections
of the FEMA Act that remove FEMA from DHS.

Sec. 21(b)
National
emergency
management.

Sec. 21(b) would repeal multiple sections of the HSA to conform with the provisions of the FEMA Act
establishing FEMA outside of DHS and re-establishing its mission. The repealed sections would be:
•

Sec. 503 (6 U.S.C. §313), which established FEMA, defined its mission, outlined its activities, and
described the qualifications, appointment, and reporting line of the FEMA Administrator. Secs. 11 and
12 of the FEMA Act would provide these authorities.

•

Sec. 504 (6 U.S.C. §314), which described the authorities and responsibilities of the FEMA
Administrator. Sec. 13 of the FEMA Act would provide this authority.

•

Sec. 506 (6 U.S.C. §316), which specifies that FEMA shall be a distinct entity within DHS, and prohibits
certain changes to the Agency’s mission, assets, and functions. Sec. 11 of the FEMA Act, among others,
would supersede this authority.

Sec. 21(c)
National
emergency
management.

Sec. 21(c) would amend Sec. 507 of the HSA (6 U.S.C. §317) by removing a requirement that individuals
appointed as FEMA Regional Administrators have knowledge of homeland security, as well as removing
technical references to DHS.

Sec. 21(d)
National
emergency
management.

Sec. 21(d) would amend Sec. 508 of the HSA (6 U.S.C. §318) by re-establishing FEMA’s National Advisory
Council (NAC), which advises the FEMA Administrator on emergency management. The subsection would
remove DHS-administered grants from the NAC’s purview. The NAC was originally established in the PostKatrina Emergency Management Reform Act (PKEMRA, P.L. 109-295, enacted 2006) as an amendment to
the HSA; President Trump disbanded the NAC in January, 2025.

CRS-20

Notes (e.g., Related Bills and Key
Reference Sources)

The FEMA Independence Act of 2025 (S.
1246/H.R. 2308, 119th Cong., introduced)
and its predecessor (H.R. 5599, 118th
Cong., introduced) would or would have
also repealed Secs. 503, 504, and 506 of
the HSA.

For background on the NAC, see FEMA,
“National Advisory Council,”
https://www.fema.gov/about/offices/
national-advisory-council.

FEMA Act of
2025
Provision, as
ordered
reported

Summary and Comparison to Current Authorities

Sec. 21(e)
National
emergency
management.

Sec. 21(e) would amend Sec. 509(c)(1) of the HSA (6 U.S.C. §319(c)(1)) to make the FEMA Administrator
(rather than the DHS Secretary, “acting through the Administrator” as under current law) responsible for
ensuring that the National Response Plan provides a clear chain of command and coordinates federal
incident response. (The National Response Plan—now known as the National Response Framework
[NRF]—is an interagency outline of roles and responsibilities for emergency and disaster response.)
Sec. 21(e) would also require that the National Response Plan reflect that the FEMA Administrator—rather
than the DHS Secretary, acting through the FEMA Administrator—is the principal emergency management
advisor to the President. Sec. 21 also does not contain existing language specifying that the FEMA
Administrator is to additionally advise the Homeland Security Council and DHS Secretary on such matters.

Sec. 21(f)
National
emergency
management.

Sec. 21(f) would revise Sec. 512 of the HSA (3 U.S.C. §321a) to require coordination with the FEMA
Administrator if State Homeland Security Grant Program or Urban Area Security Initiative grants are used
to support evacuation plans and exercises. Further, Sec. 21(f) specifies that the DHS Secretary (rather than
the FEMA Administrator as in current law) shall make assistance available for mass evacuation planning for
hospitals, nursing homes, and other institutions that house individuals with special needs.

Sec. 21(g)
National
emergency
management.

Sec. 21(g) would revise the HSA (6 U.S.C. §321c) to eliminate the President’s appointment of up to four
FEMA Deputy Administrators with advice and consent of the Senate. Sec. 12(b) of the FEMA Act allows the
President to appoint one FEMA Deputy Administrator with advice and consent of the Senate.

CRS-21

Notes (e.g., Related Bills and Key
Reference Sources)
The FEMA Independence Act of 2025 (S.
1246/H.R. 2308, 119th Cong., introduced)
and its predecessor (H.R. 5599, 118th
Cong., introduced) would or would have
also specified that the Administrator
administer and ensure implementation of
the National Response Plan, using
different language than the FEMA Act.
The current NRF (the National Response
Plan, as implemented) was published in
2019 and is available at FEMA, “National
Response Framework,”
https://www.fema.gov/sites/default/files/
documents/
NRF_FINALApproved_2011028.pdf.

FEMA Act of
2025
Provision, as
ordered
reported

Summary and Comparison to Current Authorities

Sec. 21(h)
National
emergency
management.

Sec. 21(h) would revise Sec. 515 of the HSA (6 U.S.C. §321d) to establish the National Operations Center
as the principal operations center of FEMA (as opposed to DHS, as is the case under current law). The core
responsibilities of the National Operations Center remain unchanged. The FEMA Administrator (rather
than the DHS Secretary, as is the case under current law) would manage the position of state or local
emergency responder representative at the National Operations Center.

Sec. 21(i)
National
emergency
management.

Sec. 21(i) would amend Sec. 517 of the HSA (6 U.S.C. §321f) to specify that the FEMA Administrator
(rather than the DHS Secretary) shall operate and direct the Nuclear Incident Response Team during a
terrorist attack, disaster, or other emergency.

Sec. 21(j)
National
emergency
management.

Sec. 21(j) amends Sec. 518 of the HSA (6 U.SC. §321g) to require that the Secretary of the Department of
Health and Human Services (HHS) collaborate with the FEMA Administrator rather than the DHS Secretary
(as is the case under current law) in setting priorities and goals, and developing a coordinated strategy for
public health activities to improve preparedness and response for chemical, biological, radiological, nuclear
(CBRN), and other terrorist threats, and to evaluate progress towards achieving those goals and priorities.

Sec. 21(k)
National
emergency
management.

Sec. 21(k) would amend Sec. 519 of the HSA (6 U.S.C. §321h) to specify that the FEMA Administrator (vs.
the DHS Secretary, as under current law) is to use national private sector networks and infrastructure for
emergency response to various disasters.

CRS-22

Notes (e.g., Related Bills and Key
Reference Sources)
DHS describes the National Operations
Center as operating “24 hours a day,
seven days a week, 365 days a year [as
the] Nation’s primary national-level hub
for situational awareness, a common
operating picture, information fusion and
sharing, and executive communications.”
For more information, see DHS, “Office
of Homeland Security Situational
Awareness,” https://www.dhs.gov/officehomeland-security-situational-awareness.

FEMA Act of
2025
Provision, as
ordered
reported
Sec. 21(l)
National
emergency
management.

Sec. 21(m)
National
emergency
management.

CRS-23

Summary and Comparison to Current Authorities
Sec. 21(l) would amend several public health emergency-related authorities in the Public Health Service Act
(PHSA; which authorizes several HHS health emergency programs and authorities) to require the FEMA
Administrator (rather than the DHS Secretary, as is the case under current law) to
•

Coordinate with the HHS Secretary, in order to maintain the Strategic National Stockpile (SNS; the
HHS stockpile of drugs and other medical products for domestic health emergencies; PHSA Sec. 319F–
2);

•

In consultation with the HHS Secretary, assess potential CBRN threats to the United States (PHSA
Sec. 319F–2(c)). Such threat determinations are to be reported to the House Committee on
Transportation and Infrastructure in addition to the other congressional committees named in statute;

•

In consultation with the Centers for Disease Control and Prevention (CDC), coordinate FEMA
preparedness efforts with the Public Health Emergency Preparedness cooperative agreement program
(PHSA Sec. 319C–1), a CDC grant program that supports emergency preparedness capacity at state,
local, and territorial public health departments;

•

In consultation with the HHS Secretary, determine which geographic areas face a high degree of risk
for the purposes of determining grant award amounts under the Hospital Preparedness Program
(PHSA Sec. 319C–2), an Administration for Strategic Preparedness and Response grant program that
supports health care delivery system emergency preparedness;

•

Consult with the HHS Secretary, as part of establishing and improving an HHS public health and
biosurveillance situational awareness network that integrates state, local, tribal, and territorial and
health care data (PHSA Sec. 319D);

•

Coordinate with the HHS Secretary to assess the feasibility of integrating the National Emergency
Responder Credentialing System into the HHS Emergency System for Advance Registration of
Volunteer Health Professionals (PHSA Sec. 319I), an interoperable network across states for verifying
the credentials of health professionals who volunteer to assist during emergencies.

Sec. 21(m) would amend Sec. 523 of the HSA (6 U.S.C. §321l) to specify that the FEMA Administrator
(rather than the DHS Secretary) may develop guidance, recommendations, and best practices to facilitate
private sector preparedness activities, in consultation with the Director of the Cybersecurity and
Infrastructure Security Agency (CISA) and the private sector. The FEMA Act would specify that the FEMA
Administrator (rather than the DHS Secretary) is to promote such guidance, recommendations, and best
practices to the private sector.

Notes (e.g., Related Bills and Key
Reference Sources)
CRS Report R47400, The Strategic
National Stockpile: Overview and Issues for
Congress, by Todd Kuiken and Frank
Gottron.
CRS In Focus IF12683, Pandemic and AllHazards Preparedness Act: An Overview, by
Kavya Sekar and Hassan Z. Sheikh.

FEMA Act of
2025
Provision, as
ordered
reported

Summary and Comparison to Current Authorities

Sec. 21(n)
National
emergency
management.

Sec. 21(n) would amend Sec. 524 of the HSA (6 U.S.C. §321m) to direct the FEMA Administrator (rather
than the DHS Secretary’s designee) to establish and implement a voluntary preparedness accreditation and
certification program for the private sector.

Sec. 21(o)
National
emergency
management.

Sec. 21(o) would amend Sec. 525 of the HSA (6 U.S.C. §321n) to authorize the FEMA Administrator (rather
than the DHS Secretary) to accept and use gifts for certain authorized activities of the Center for Domestic
Preparedness. Sec. 21(o) also adds the House Committee on Transportation and Infrastructure to a list of
congressional committees that are to receive a report disclosing information on such gifts.

Sec. 21(p)
National
emergency
management.

Sec. 21(p) would amend Sec. 527 of the HSA (6 U.S.C. §321p) to specify that the FEMA Administrator, in
consultation with the DHS Secretary (rather than simply the DHS Secretary), is to incorporate the threat of
an electromagnetic pulse or geomagnetic disturbance event into disaster planning frameworks and related
outreach.

Sec. 21(q)
National
emergency
management.

Sec. 21(q) is a technical amendment to Sec. 528 of the HSA (6 U.S.C. §321q) that would specify that certain
DHS efforts to coordinate its anti-terrorism efforts related to food and agriculture do not affect the
authorities of the FEMA Administrator.

Sec. 21(r)
National
emergency
management.

Sec. 21(r) would amend 6 U.S.C. §322 (Sec. 9603 of Division A of the William M. (Mac) Thornberry
National Defense Authorization Act for FY2021) to add the FEMA Administrator to list of federal officials
from which the President shall receive advice while developing and maintaining a plan to restore the U.S.
economy in response to a “significant event.” Additionally, Sec. 21(r) would add the House Committee on
Transportation and Infrastructure to a list of congressional committees that are to receive copies of such
plan two years after enactment.

CRS-24

Notes (e.g., Related Bills and Key
Reference Sources)

Sec. 642(c)(10) of the Keep America
Secure Act (H.R. 8309, 116th Cong.,
introduced) similarly would have
amended 6 U.S.C. §321n to authorize the
FEMA Administrator—rather than the
DHS Secretary—to accept certain gifts
to support the Center for Domestic
Preparedness.

FEMA Act of
2025
Provision, as
ordered
reported
Sec. 21(s)
National
emergency
management.

Summary and Comparison to Current Authorities

Notes (e.g., Related Bills and Key
Reference Sources)

Sec. 21(s) would amend Sec. 708 of the HSA (6 U.S.C. §348), which prohibits the DHS Secretary from
establishing a Joint Task Force for incidents for which FEMA has primary response management
responsibility, unless its responsibilities do not include operational functions related to the incident. The
amendment in Sec. 21(s) would require that any such task force is consistent with the requirements of the
FEMA Act of 2025 (as opposed to the Homeland Security Act, as in current law), in addition to the abovementioned subchapter, as required in current law.

Source: Compiled by CRS using Congress.gov, the Robert T. Stafford Disaster Relief and Emergency Assistance Act (P.L. 93-288, as amended), the Homeland Security
Act of 2002 (HSA, P.L. 107-296, as amended) and the FEMA Act of 2025 (FEMA Act). CRS based its analysis on the amended version of the Amendment in the Nature of
a Substitute to H.R. 4669 (the FEMA Act of 2025) offered by Rep. Graves of Missouri, August 29, 2025, available at https://transportation.house.gov/uploadedfiles/
fema_text.pdf, and the approved amendment submitted by Rep. Carson of Indiana, available at http://docs.house.gov/meetings/PW/PW00/20250903/118581/BILLS-1194669-C001072-Amdt-039.pdf, and the approved manager’s amendment submitted by Chairman Graves, available at https://docs.house.gov/meetings/PW/PW00/
20250903/118581/BILLS-119-4669-G000546-Amdt-1.pdf.
Notes: Acronyms include DHS = U.S. Department of Homeland Security; FEMA = Federal Emergency Management Agency; HSA = Homeland Security Act of 2002;
NRF = National Response Framework; NAC = FEMA National Advisory Council.

CRS-25

Table 3. Division A, Title III—Related Matters
FEMA Act of
2025
Provision, as
ordered
reported

Summary and Comparison to Current Authorities

Sec. 31
Changes to
Administrative
Documents.

Sec. 31 would require the President to amend two presidential directives (Homeland Security Presidential
Directive–5, authored by President George W. Bush, and Presidential Policy Directive–8, authored by
President Barack Obama) that implement emergency management authorities in the HSA and PKEMRA, and
similar administrative documents, to accord with the amendments of the FEMA Act.

Sec. 32
Recommended
Legislation.

Sec. 32 would require the FEMA Administrator to prepare legislative recommendations for any conforming
amendments necessary to implement the FEMA Act and submit a report to Congress 90 days after the oneyear transition period for FEMA’s reorganization provided in Sec. 15(e) of the FEMA Act.

Notes (e.g., Related Bills and Key
Reference Sources)

Source: Compiled by CRS using Congress.gov, the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act; P.L. 93-288, as amended), the
Homeland Security Act of 2002 (HSA, P.L. 107-296, as amended) and the FEMA Act of 2025 (FEMA Act). CRS based its analysis on the amended version of the
Amendment in the Nature of a Substitute to H.R. 4669 (the FEMA Act of 2025) offered by Rep. Graves of Missouri, August 29, 2025, available at
https://transportation.house.gov/uploadedfiles/fema_text.pdf, and the approved amendment submitted by Rep. Carson of Indiana, available at http://docs.house.gov/
meetings/PW/PW00/20250903/118581/BILLS-119-4669-C001072-Amdt-039.pdf, and the approved manager’s amendment submitted by Chairman Graves, available at
https://docs.house.gov/meetings/PW/PW00/20250903/118581/BILLS-119-4669-G000546-Amdt-1.pdf.
Notes: Acronyms include DHS = U.S. Department of Homeland Security; FEMA = Federal Emergency Management Agency; HSA = Homeland Security Act of 2002.

CRS-26

Table 4. Division B, Title I—Public Assistance Reforms
FEMA Act of
2025
Provision, as
ordered
reported

Summary and Comparison to Current Authorities

Sec. 101.
Rebuilding
public
infrastructure.

Sec. 101(a) would create Stafford Act Sec. 409. Proposed Sec. 409 would authorize expedited assistance for
repair, restoration, and replacement of damaged facilities (a variation of Public Assistance for “Permanent
Work” authorized in existing Stafford Act provisions). Among other changes, proposed Sec. 409(b)(2) outlines
award estimation procedures that would afford less discretion to FEMA. FEMA would be required to presume
the accuracy of the subrecipient’s estimates when prepared by a licensed professional except if there is
evidence of criminal fraud. Proposed Sec. 409(b) would create deadlines for the subrecipient to submit
estimates to FEMA, for FEMA to approve the estimate, and for the funds to be available to the subrecipient.
Under Sec. 409(b)(6) FEMA would not be authorized to recoup funds unless there is “evidence of criminal
fraud.” Sec. 101(c) specifies that all Sec. 101 amendments would take effect 180 days after enactment. Existing
Sec. 406 of the Stafford Act would effectively sunset on Dec. 31, 2032.

Sec. 102. Task
force to
address backlog
of open
declared
disasters.

Sec. 102(a)-(c) would direct the FEMA Administrator to establish a task force to address the backlog of open
Stafford Act declarations (major disasters, emergencies, and Fire Management Assistance Grants), as well as
“excessive backlog” of declarations open for at least ten years. The FEMA Administrator would brief the House
Committee on Transportation and Infrastructure, House Committee on Appropriations, Senate Committee on
Homeland Security, and Senate Committee on Appropriations on progress and activities of the task force 180
days after enactment and semiannually thereafter until 800 declared incidents are closed out from the backlog.
Annual briefings would be required on closeout of the “excessive backlog.” Regional Administrators would be
required to close out identified disasters as soon as practicable once FEMA validated 90% of costs expended for
all approved awards for the disaster. Subsection (h) would require a GAO review and report to Congress
within two years of enactment on the effectiveness of the task force activities and the FEMA Administrator’s
progress in reducing the “excessive backlog.”

CRS-27

Notes (e.g., Related Bills and
Key Reference Sources)

FEMA Act of
2025
Provision, as
ordered
reported
Sec. 103.
Disaster
declaration
damage
thresholds.

CRS-28

Summary and Comparison to Current Authorities
Sec. 103(a) would direct the FEMA Administrator to consider whether disaster-affected communities are
economically distressed or rural (according to criteria in Sec. 301 of in the Public Works and Economic
Development Act of 1965 and the Consolidated Farm and Rural Development Act, respectively) when
evaluating requests for major disaster declarations. Stafford Act Sec. 408 assistance (i.e., the Individuals and
Households Program) would be authorized for all communities that meet either criterion and also receive
Public Assistance under proposed Sec. 409. The FEMA Administrator would be required to revise policy and
regulations as necessary.
Current law does not detail what constitutes a major disaster or what circumstances warrant the provision of
specific forms of assistance. The President authorizes such assistance at his or her discretion, with a
recommendation from FEMA. Under current authorities and procedures, the provision of one form of
assistance (e.g., Public Assistance) does not trigger the provision of another (e.g., Individual Assistance), as
would occur in certain cases pursuant to Sec. 103(a) of the FEMA Act.

Notes (e.g., Related Bills and
Key Reference Sources)

Sec. 104.
Federal
permitting
improvement.

Sec. 104 would amend Sec. 316 of the Stafford Act (42 U.S.C. §5159), which currently exempts certain Public
Assistance projects authorized under 402, 403, 406, 407, and 502 from being a “major federal action
significantly affecting the quality of the human environment” under the National Environmental Policy Act of
1969 (NEPA; 42 U.S.C. §§4321 et seq.). Sec. 104 would add Sec. 409 (as proposed by Sec. 101 of the FEMA Act
of 2025) to the list of exempted sections. Sec. 104 would also extend the types of projects eligible for
exemption, from those that have “the effect of restoring a facility substantially to its condition prior to the
disaster or emergency” to those that have “the effect of repairing, restoring, reconstructing, or replacing a
facility…to applicable building codes…including incorporating mitigation measures consistent with disaster risk
for the geographic area” in the original location. Section 104 would also broaden the environmental and historic
preservation (EHP) review and permitting exemptions, waivers, and modifications for such projects by
specifying they are
•

Eligible for general permits (as available) for stormwater discharges from construction activities issued
under Sec. 402(p) of the Federal Water Pollution Control Act (33 U.S.C. 1342(p));

•

Permitted to follow emergency procedures for permits issued by the U.S. Army Corps of Engineers under
33 C.F.R §325.2(e)(4);

•

Eligible for a waiver from the requirements of Sec. 110 of the National Historic Preservation Act of 1966
(NHPA; 54 U.S.C. §§306101- 306114) pursuant to 36 C.F.R Part 78;

•

Exempt from requirements of Sec. 7(p) of the Endangered Species Act of 1973 (ESA, 16 U.S.C. 1531 et
seq.). Further, the determinations required under 7(g)(h) and (p) of the ESA would be considered made;

•

Able to expedite consultations required under Sec. 7 of the ESA in emergency situations, outlined in 50
C.F.R. §402.05;

•

Exempt from requirements under the Migratory Bird Treaty Act (16 U.S.C. §703 et. seq.), the Wild and
Scenic Rivers Act (16 U.S.C. §1271 et seq.), and the Fish and Wildlife Coordination Act (16 U.S.C. §661 et
seq.).
Amended Sec. 316(c) would additionally create the option for states, territories, and the District of Columbia
to assume federal decision-making responsibilities for certain reviews required under NEPA and the NHPA for
disaster recovery projects “subject to the same procedural and substantive requirements that would apply if
such responsibilities were carried out by the Administrator.” The subsection outlines the proposed procedures
to request the option, authorities that remain under the purview of the Administrator, the terms of agreements
between FEMA and governments that exercise the option, and procedures to terminate such agreements.
FEMA is to promulgate regulations establishing information that must be contained in a state’s request to
exercise this option, including evidence that the state has the financial and personnel resources necessary to
carry out the authority. This subsection states that a state that assumes responsibility is “solely responsible and
solely liable” (in lieu of the Administrator) for the assumed responsibilities and further confers the exclusive
jurisdiction of U.S. districts courts over any civil action against a state for failure to carry out a responsibility
under this section. The subsection would require the inspector general of FEMA (as created by Sec. 14 of the
FEMA Act of 2025) to conduct annual audits of the compliance of participating governments. The subsection
would also require the Administrator to report to Congress on the implementation of this option.

CRS-29

For an overview of NEPA and
elements of the environmental
review, see CRS In Focus IF12560,
National Environmental Policy Act: An
Overview, by Kristen Hite and
Heather McPherron.

FEMA Act of
2025
Provision, as
ordered
reported
Sec. 105.
Unified Federal
review.

CRS-30

Summary and Comparison to Current Authorities
Sec. 105 would amend Stafford Act Sec. 429, which currently requires the Administrator to establish a unified,
interagency process for reviews determining whether certain funded projects comply with applicable EHP
authorities. Amended Sec. 429(b) would aim to expedite and coordinate EHP reviews by requiring the
Administrator, in consultation with the Council on Environmental Quality and the Advisory Council on Historic
Preservation, to establish policies and procedures to
•
enable FEMA to act as the lead agency to ensure completion of the EHP process;
•
enable FEMA to conduct EHP reviews concurrently and in conjunction with other EHP reviews and
authorizations conducted by other cooperating and participating agencies, with FEMA as the lead agency; and
•
prepare a single environmental impact statement when it is required under NEPA, unless the lead agency
provides justification that multiple statements are more efficient.
Amended Sec. 429(c) would require the lead agency to undertake certain actions, for example, engaging other
cooperating agencies as early as possible during the course of an EHP review, identifying and resolving any
issues that could delay the completion of EHP reviews, and determining a range of reasonable alternatives. This
subsection would also set deadlines on federal agencies for public comment periods and records of decisions
for environmental impact statements.

Notes (e.g., Related Bills and
Key Reference Sources)
For an overview of NEPA and
elements of the environmental
review, see CRS In Focus IF12560,
National Environmental Policy Act: An
Overview, by Kristen Hite and
Heather McPherron.

FEMA Act of
2025
Provision, as
ordered
reported

Summary and Comparison to Current Authorities

Notes (e.g., Related Bills and
Key Reference Sources)

Sec. 106. Block
grants for small
disasters.

Sec. 106 would modify the Stafford Act by adding Title VIII/Sec. 801, which would provide the option to receive
a single lump sum block grant instead of individual Stafford Act Public Assistance awards for certain “small
disasters” (defined as disasters with estimated costs of up to 125% of the state’s “per capita indicator,” a
measure of disaster costs averaged over statewide population determined by FEMA. See FEMA, “Per Capita
Impact Indicator and Project Thresholds,” webpage). Under added Sec. 801(a), a governor or tribal chief
executive would be able to request a lump sum payment equal to 80% of the estimated Public Assistance
otherwise available for a given disaster. Such awards could not be adjusted based on actual costs except “in the
event of unforeseen circumstances at no fault of the Subrecipient.” Sec. 801(c)(3)-(5) specifies procedures and
timelines that would apply to the proposed block grant program, including that use of the option must be
requested when the request for a declaration is made, and that the amount of assistance must be agreed on
within 90 days of the incident.
Lump-sum award funds could be used “in any manner determined appropriate” by the Governor or governing
body of the state or tribe as long as they were provided to eligible Public Assistance subrecipients (e.g., eligible
public and nonprofit entities), to address the impacts and needs of the declared disaster, and for projects
compliant with other applicable environmental and historic preservation law. States or tribes exercising the
option would be required to submit an annual report to FEMA on expenses related to the disaster. Two years
after enactment, the FEMA inspector general would be required to submit to the House Committee on
Transportation and Infrastructure, House Committee on Appropriations, Senate Committee on Homeland
Security, and Senate Committee on Appropriations a report on the utilization of this option, including an
assessment of state and tribal expense reports, and any evidence of criminal fraud in the utilization of awards.

The FEMA Act contains language
similar to that used in the StateManaged Disaster Relief Act (H.R.
8728, 118th Cong., introduced).
GAO, Disaster Recovery: Better
Monitoring of Block Grant Funding
Needed, March 2019, GAO-19-232
provides further information on the
creation of a permanent federal
block grant program for disaster
recovery.

Sec. 107.
Common sense
debris removal.

Sec. 107 would amend existing Sec. 407 of the Stafford Act (42 U.S.C. §5173) by removing the specification that
debris removal must be in the “public interest” in order to be eligible for reimbursement through Public
Assistance. Sec. 107 further prohibits the establishment of additional requirements for authorizing debris
removal on publicly or privately owned property. The FEMA Administrator is to amend guidance as necessary.
Additionally, the FEMA Administrator would be directed to complete a review that identifies optimal types of
debris removal contracts and best practices to reduce fraud and increase efficiency, as well as technologies to
facilitate debris removal.
Current law limits the provision of assistance for debris removal to cases in which the President has
determined removal is in the “public interest.” Current FEMA guidance implements this provision by limiting
debris removal on private or commercial property when debris removal has generally been made available
pursuant to a Stafford Act declaration.

FEMA, Public Assistance Program and
Policy Guide, v. 5.0, amended,
Effective January 6, 2025, FP 104009-2, pp. 127-130.

CRS-31

FEMA Act of
2025
Provision, as
ordered
reported
Sec. 108.
Disaster
management
costs
modernization.

CRS-32

Summary and Comparison to Current Authorities
Sec. 108 would modify FEMA’s authorities to provide funding to cover the cost of managing PA grants, as
provided under Sec. 324(b)(2)(B) of the Stafford Act (42 U.S.C. §5165b). Under current authorities, a recipient
is eligible to receive up to 7% of the total costs of all obligated PA projects for a declared emergency or major
disaster in their jurisdiction. A subrecipient is eligible to receive up to 5% of the total costs of its obligated
projects. Under current authorities, awards may only be used to cover eligible management costs for the
related declaration (FEMA specifies these may include costs incurred during preliminary damage assessments,
Public Assistance project administration, and site inspections, among other uses).
Sec. 108 would allow the President to provide a Public Assistance recipient or subrecipient access to any
“excess” funds for management costs remaining upon closeout of a Public Assistance grant for a given
declaration (i.e., funds obligated but not expended). The recipient or subrecipient would be able to use these
funds for a wide range of disaster preparedness, mitigation, or recovery activities, including management costs
associated with other disaster-related projects. These excess funds would be available for five years.

Notes (e.g., Related Bills and
Key Reference Sources)
The language of Sec. 108 largely
mirrors that of Disaster Costs
Modernization Act (H.R. 744/S. 773,
119th Cong, introduced), and
predecessor bills H.R. 7671/S. 3071
(118th Cong., passed House) and S.
4652 (117th Cong., introduced), with
two exceptions. First, Sec. 108 does
not require a study by the GAO, as
included in the standalone bills in the
118th and 119th Congresses. Second,
the language of Sec. 108
incorporates management costs
associated with projects under the
proposed Sec. 409 of the Stafford
Act.
See committee reports:
H.Rept. 119-320, 119th Cong., 1st
sess., Oct. 3, 2025;
H.Rept. 118-774,118th, 2nd. sess.,
Nov. 26, 2024;
S.Rept. 118-218, 118th, 2nd sess.,
Sept. 10, 2024;
S.Rept. 117-258, 117th Cong., 1st
sess., Dec. 14, 2022.

FEMA Act of
2025
Provision, as
ordered
reported
Sec. 109.
Streamlining
and
consolidating
information
collection and
preliminary
damage
assessments.

Summary and Comparison to Current Authorities
Sec. 109 would amend Sec. 1223 of the Disaster Recovery Reform Act (Div. D, P.L. 115-254) to require the
FEMA Administrator to coordinate with a range of federal partners to study and develop a plan to simplify and
improve the collection of information from disaster-affected communities when conducting Preliminary Damage
Assessments (PDAs, which FEMA and other agencies use to evaluate the need for federal assistance following
an incident). Sec. 109 would also require a plan to regularly report information on federal disaster assistance
awards on a public website. Finally, the provision would require the FEMA Administrator to develop and publish
on a publicly available website a comprehensive report on these plans, including legislative recommendations for
the House Committee on Transportation and Infrastructure and the Senate Committee on Homeland Security
and Governmental Affairs. Sec. 109 would require the FEMA Administrator to undertake these actions within
two years of enactment and implement the recommendations within 180 days of the submission of the report.

Notes (e.g., Related Bills and
Key Reference Sources)
The language of Sec. 109 is also
included in multiple iterations of the
“Federal Disaster Assistance
Coordination Act” (H.R. 152,119th
Cong., passed House), H.R. 255
(118th Cong., passed House), H.R.
2016 (117th Cong., passed House),
and H.R. 1306 (116th Cong., passed
House).
See committee reports:
S.Rept. 118-297, 118th Cong., 2nd
sess., Dec. 16, 2024;
H.Rept. 117-46, 117th Cong., 1st
sess., May 28, 2021;
H.Rept. 116-145, 116th Cong., 1st
sess., July 11, 2019.

Sec. 110.
Reasonable
incident
periods.

CRS-33

Sec. 110 would require the FEMA Administrator to convene a panel to review agency procedures for
determining incident periods (i.e., FEMA’s designation of the time period during which an emergency or disaster
occurred, 44 C.F.R. §206.32(f)). Current procedures for determining incident periods are not public.
Membership in the panel would include federal and nonfederal officials. The provision would require the panel
to submit an interim report to Congress within one year, and a final report to the House Committee on
Transportation and Infrastructure and Senate Committee on Homeland Security and Governmental Affairs
within two years, with their findings, implementation actions taken, and legislative recommendations. Thirty
days after the final report would be submitted, the FEMA Administrator would be directed to undertake
rulemaking as necessary to implement the recommendations.

The language of Sec. 110 is identical
to the language of Sec. 2 of the
Extreme Weather and Heat
Response Modernization Act (H.R.
3661, 119th Cong., introduced) and
its predecessor (H.R. 9024, 118th
Cong., introduced).
See committee report:
H.Rept. 118-813, 118th Cong., 2nd
sess., Dec. 5, 2024.

FEMA Act of
2025
Provision, as
ordered
reported

Summary and Comparison to Current Authorities

Notes (e.g., Related Bills and
Key Reference Sources)

Sec. 111. Fire
management
assistance
program policy

Sec. 111 would expand the potential assistance available through a Fire Management Assistance Grant (FMAG;
authorized in Stafford Act Sec. 420(a), 42 U.S.C. §5187(a)) to include funds to cover the eligible costs of
“mitigation” and “assessments and emergency stabilization to protect public safety irrespective of the incident
period for a declared fire.” Sec. 420(a) currently specifies that the President may provide assistance “including
grants, equipment, supplies, and personnel ... for the mitigation, management, and control of any fire...,”
however, FEMA regulations and policy limit such assistance to that “associated with the incident period of the
declared fire [i.e., FEMA’s determination of the duration of the fire]” (44 C.F.R. §204.42).

The language of Sec. 111 would
amend statute in line with required
changes to FEMA regulations and
guidance specified in Sec. 2 of the
Wildfire Response Improvement Act
(H.R. 1393, 119th Cong.,
introduced), and its most recent
predecessor (H.R. 7070, 118th Cong.,
introduced).
See committee report:
H.Rept. 118-933, 118th Cong., 2nd
sess., Dec. 19, 2024

Sec. 112. Indian
tribal
government
eligibility

Sec. 112 would amend Stafford Act Sec. 420 (42 U.S.C. 5187) to enable federally-recognized tribes to receive
FMAGs and would direct the FEMA Administrator to update regulations accordingly. Under current law, only
governors of states and territories may request FMAGs; tribes may receive assistance as subrecipients to an
FMAG for a state or territory.

The language of Sec. 112 mirrors
that in H.R. 3957 (119th Cong.,
introduced), and largely mirrors that
of Fire Management Assistance
Grants for Tribal Governments (S.
443; 119th Cong., introduced), and
its predecessors (H.R. 9121/S.
4654,118th Cong., passed Senate).
See related committee reports:
S.Rept. 118-237 (118th Cong., 2nd
sess. Nov. 12, 2024);
H.Rept. 118-817 (118th Cong., 2nd
sess., Dec. 5, 2024);
For more information, see CRS
Report R43738, Fire Management
Assistance Grants: Frequently Asked
Questions, by Diane P. Horn, Bruce
R. Lindsay, and Anne A. Riddle.

CRS-34

FEMA Act of
2025
Provision, as
ordered
reported
Sec. 113.
Strengthening
closeouts for
critical services
Sec. 114.
Sheltering of
emergency
response
personnel

Sec. 115.
Emergency
protective
measures to
fight flooding
damage

CRS-35

Summary and Comparison to Current Authorities
Sec. 113 would amend Sec. 705 of the Stafford Act (42 U.S.C. §5205) to align grant closeout procedures for
nonprofits with those in place for public entities, thereby placing time limits on FEMA’s ability to recoup
assistance from nonprofits. Sec. 113 would permit FEMA to develop incentives and penalties to promote timely
grant closeout for nonprofits, as FEMA may do for state, local, tribal, and territorial governments under current
law.
Sec. 114 would amend Sec. 403 of the Stafford Act (42 U.S.C. §5170b) to authorize assistance for the costs of
sheltering emergency response personnel and elected officials overseeing recovery and their households in
“exclusive-use congregate or non-congregate settings,” if the damage or disruption to the affected area
warrants such assistance in the determination of the governor or tribal chief executive. The assistance would
only be available for the period of time the FEMA Administrator determines reasonable based on a range of
factors related to damage, disruption, and available housing supply. The assistance would not be available
beyond six months from the beginning of the incident period. Current law authorizes the President to provide
assistance for “emergency shelter,” but FEMA policy specifies that the agency may only provide funding for noncongregate sheltering in “limited and exigent circumstances.” Under current policy, emergency sheltering is also
generally intended for “disaster survivors” (and in limited circumstances, for emergency responders), rather
than for elected officials (including those involved in response operations) or to more broadly support
emergency responders and their families. Current policy is available at FEMA, Public Assistance Program and Policy
Guide, v. 5, pp. 145-149.

Sec. 115 would amend Sec. 403 of the Stafford Act (42 U.S.C. §5170b) to direct the President to reimburse
owners and operators of temporary or permanent stormwater pumping stations for flood-fighting activities and
other emergency response measures. Current FEMA policy limits reimbursement for the use of permanent
pumping stations (see FEMA, Public Assistance Program and Policy Guide, v. 5, p. 132).

Notes (e.g., Related Bills and
Key Reference Sources)

The language of Sec. 114 appears in
substantively similar forms in
successive iterations of the Disaster
Survivors Fairness Act. See Sec. 11
of H.R. 1245 (119th Cong.,
introduced), Sec. 9 of S. 5067 (118th
Cong., introduced), Sec. 11 of H.R.
1796 (118th Cong., introduced), and
Sec. 12 of H.R. 8416 (117th
Congress, passed House).
See related committee reports:
S.Rept. 118-321 (118th Cong., 2nd
sess., Dec. 19, 2024);
S.Rept. 118-930 (118th Cong., 2nd
sess., Feb. 14, 2024);
H.Rept. 117-560 (117th Cong., 2nd
sess., Nov. 15, 2022).

FEMA Act of
2025
Provision, as
ordered
reported

Summary and Comparison to Current Authorities

Notes (e.g., Related Bills and
Key Reference Sources)

Sec. 116.
Fairness and
accountability
in appeals

Sec. 116 would amend Sec. 423 of the Stafford Act (42 U.S.C. §5189a), which provides subrecipients a right to
arbitrate certain disputes before the Civilian Board of Contract Appeals. Sec. 116 would direct the FEMA
Administrator to reimburse subrecipients for attorney’s fees when the board decides in the subrecipients favor
or finds that FEMA improperly denied assistance. Current FEMA policy dictates that each party is responsible
for attorney’s fees during arbitration, regardless of outcome. For current policy, see FEMA, “Public Assistance
Arbitration Fact Sheet,” May 2025.

The language of Sec. 114 is mirrored
in the Fairness and Accountability of
Appeals Act of 2025 (H.R. 5310,
119th Cong., introduced).

Sec. 117.
Expedited
funding for
emergency
work

Sec. 117 would revise Sec. 403 of the Stafford Act (42 U.S.C. §5170b), which authorizes “essential assistance”
(i.e., “emergency protective measures” or “Public Assistance—Category B”) following a declaration of major
disaster. Sec. 117 would require reimbursements for such assistance to be disbursed to subrecipients no more
than 120 days after the subrecipients submits a request for reimbursement, as long as at least 90% of estimated
costs are found eligible.

Sec. 117 mirrors authorities in the
Rapid Disaster Relief Act (H.R. 5067,
119th Cong., introduced).

Sec. 118.
Consistency in
procurement
practices

Sec. 118 would specify that local governments shall be treated as a state or tribal government when enforcing
procurement requirements under Title 2, Part 200 of the Code of Federal Regulations. Sec. 118 would
supersede current regulations, which specify that “subrecipients of a State or Indian Tribe [e.g., local
governments], must follow the procurement standards in §§ 200.318 through 200.327.” These procurement
requirements include standards for avoiding conflicts of interest, ensuring full and open competition, and setting
procurement thresholds, among others.

For background on a similar
proposal to amend procurement
requirements, see Rep. Edwards,
“Report to the President: What’s
Needed to Advance Hurricane
Helene Recovery in Western North
Carolina,” April 2025,
https://avlwatchdog.org/wp-content/
uploads/2025/05/rep-edwardsreport-to-the-president-hurricanehelene-recovery.pdf.

Sec. 119.
Household pets
and service
animals

Sec. 119 would amend Sec. 502 of the Stafford Act (42 U.S.C. §5192), which authorizes emergency assistance
(i.e., “emergency protective measures”; “Public Assistance—Category B”) following a declaration of a Stafford
Act emergency. It would expand the types of activities eligible for such assistance to include the rescue, care,
shelter, and essential needs of individuals with household pets and service animals as well as their pets and
service animals, thus aligning the assistance available for pets and their owners under an emergency with that
currently authorized for a major disaster under the Pets Evacuation and Transportation Standards (PETS) Act of
2006 (P.L. 109-308).

CRS-36

FEMA Act of
2025
Provision, as
ordered
reported

Summary and Comparison to Current Authorities

Sec. 120.
Utilization of
regional and
local contracts
to support
response
capacity

Sec. 120 would add new requirements to FEMA’s contracting policies for disaster response and recovery
services. It would require FEMA to consider qualified regional and local providers when contracting for such
services. The section would also direct FEMA to consider pre-existing local contracts, mutual aid agreements,
and other arrangements when contracting for such services.
Current law at Stafford Act Sec. 307 (42 U.S.C. §5150) requires that local firms, organizations, and individuals
should receive priority when contracting for federally-funded emergency response measures, debris removal,
and reconstruction projects.

Sec. 121.
Removing
disincentives
for state
funding

Sec. 121 would amend Sec. 311 of the Stafford Act (42 U.S.C. 5154), which pertains to insurance requirements
for reconstruction projects authorized under Sec. 406 of the Stafford Act (i.e., funded by Public Assistance for
“permanent work”). Sec. 311 currently requires governments and nonprofits receiving assistance for such
projects to obtain and maintain reasonably available insurance for such facilities to protect against future loss
and would further prohibit the provision of certain Stafford Act assistance if such entities have failed to do so in
the past. Sec. 311 allows a state to act as self-insurer for the purposes of this requirement if it has declared that
it is doing so in writing at “the time of acceptance of assistance.”
Sec. 121 would specify that rainy-day funds, self-retention, and other funds are not to be treated as insurance
or as a duplication of benefits when administering Public Assistance, except when the state has specifically
declared in writing that it is acting as a self-insurer. This could enable states to maintain such funds without
risking potential reductions to their future Public Assistance awards, should the funds be considered to
“duplicate” federal assistance.

Sec. 122. Loan
interest
payment relief

Sec. 122 would add Sec. 431 to Title VI of the Stafford Act, which would authorize t

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/crs%3AR49028. Public record. Not legal advice.