Fire & Safety Journal Americas
By Iain Hoey
Bipartisan bill seeks to remove FEMA from Homeland Security
U.S. Senators Alex Padilla and Thom Tillis have introduced legislation to make the Federal Emergency Management Agency (FEMA) a standalone cabinet-level agency.
According to a release from the office of Senator Alex Padilla, the FEMA Independence Act would remove FEMA from the Department of Homeland Security (DHS) and have it report directly to the President of the United States.
The proposed legislation also sets a requirement that the FEMA Administrator, who must be confirmed by the Senate, possess knowledge and experience in emergency management and homeland security in both public and private sectors.
Padilla and Tillis cite state-specific disaster impacts
Senator Padilla said the change is necessary to ensure FEMA can better fulfill its responsibilities: “Americans depend on FEMA for support when disaster strikes. As states like California and North Carolina continue to recover from devastating natural disasters, it’s more important than ever that we strengthen and protect FEMA’s lifesaving work.”
Padilla continued: “That starts with restoring to FEMA the independence it needs by making it a cabinet-level agency, separate from the Department of Homeland Security’s competing priorities and bureaucracy. It certainly does not mean shutting it down and turning our backs on our neighbors facing unimaginable loss.”
Senator Tillis said the bill would reduce bureaucratic delays: “This commonsense, bipartisan bill will help cut red tape and save lives by separating FEMA from the Department of Homeland Security and restoring its status as an independent, cabinet-level agency.”
He added: “With the recent devastation caused by Helene in Western North Carolina, the need for this legislation is more urgent than ever. We must pass this bipartisan legislation to help those who are suffering and get FEMA working again for those in need.”
FEMA history and current placement within DHS
FEMA was created in 1979 as an independent agency under the Executive Branch. It remained so until 2003 when the Homeland Security Act transferred it to the newly formed Department of Homeland Security.
At the time of the transition, then-FEMA Director Michael Brown warned that moving the agency could impact its operations by severing it from its core functions.
FEMA is currently part of DHS along with nearly 20 other agencies, including U.S. Customs and Border Protection, the U.S. Coast Guard, and the Transportation Security Administration.
Under the Post-Katrina Emergency Management Reform Act of 2006, FEMA’s Administrator serves as the President’s principal advisor on all matters related to emergency management.
Related wildfire legislation introduced by Padilla
Senator Padilla has recently introduced multiple bipartisan bills aimed at improving wildfire response and resilience.
In February 2025, he proposed the creation of a national Wildfire Intelligence Center to improve coordination and response to wildfires across federal agencies.
He has also introduced legislation such as the Wildfire Emergency Act, the Fire-Safe Electrical Corridors Act, and the Disaster Mitigation and Tax Parity Act.
Additional proposals made in January include the Wildland Firefighter Paycheck Protection Act, the Fire Suppression and Response Funding Assurance Act, and the Disaster Housing Reform for American Families Act.
FEMA Independence Act aims to make FEMA a cabinet-level agency: Summary
U.S. Senators Alex Padilla and Thom Tillis have introduced the FEMA Independence Act, which would remove FEMA from the Department of Homeland Security and restore it as an independent cabinet-level agency.
The bill mandates that the FEMA Administrator be Senate-confirmed and have experience in emergency management and homeland security.
FEMA was previously a standalone agency from 1979 until 2003, when it was incorporated into DHS.
Padilla and Tillis cited recent disasters in California and North Carolina as reasons for the legislative proposal.
FEMA is currently one of nearly 20 agencies under DHS.
The legislation aims to streamline emergency response by reducing bureaucratic layers.
Senator Padilla has also introduced several other bipartisan bills in 2025 focused on wildfire prevention, mitigation, and disaster recovery support.
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