6 Usc 314

§ 314

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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;
(G) provide funding, training, exercises,
technical assistance, planning, and other assistance to build tribal, local, State, regional, and national capabilities (including
communications capabilities), necessary to
respond to a natural disaster, act of terrorism, or other man-made disaster; and
(H) develop and coordinate the implementation of a risk-based, all-hazards strategy
for preparedness that builds those common
capabilities necessary to respond to natural
disasters, acts of terrorism, and other manmade disasters while also building the
unique capabilities necessary to respond to
specific types of incidents that pose the
greatest risk to our Nation.
(c) Administrator
(1) In general
The Administrator shall be appointed by the
President, by and with the advice and consent
of the Senate.
(2) Qualifications
The Administrator shall be appointed from
among individuals who have—
(A) a demonstrated ability in and knowledge of emergency management and homeland security; and
(B) not less than 5 years of executive leadership and management experience in the
public or private sector.
(3) Reporting
The Administrator shall report to the Secretary, without being required to report
through any other official of the Department.
(4) Principal advisor on emergency management
(A) In general
The Administrator is the principal advisor
to the President, the Homeland Security
Council, and the Secretary for all matters
relating to emergency management in the
United States.
(B) Advice and recommendations
(i) In general
In presenting advice with respect to any
matter to the President, the Homeland Security Council, or the Secretary, the Administrator shall, as the Administrator
considers appropriate, inform the President, the Homeland Security Council, or
the Secretary, as the case may be, of the
range of emergency preparedness, protection, response, recovery, and mitigation
options with respect to that matter.
(ii) Advice on request
The Administrator, as the principal advisor on emergency management, shall
provide advice to the President, the Homeland Security Council, or the Secretary on

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a particular matter when the President,
the Homeland Security Council, or the
Secretary requests such advice.
(iii) Recommendations to Congress
After informing the Secretary, the Administrator may make such recommendations to Congress relating to emergency
management as the Administrator considers appropriate.
(5) Cabinet status
(A) In general
The President may designate the Administrator to serve as a member of the Cabinet
in the event of natural disasters, acts of terrorism, or other man-made disasters.
(B) Retention of authority
Nothing in this paragraph shall be construed as affecting the authority of the Secretary under this chapter.
(Pub. L. 107–296, title V, § 503, as added Pub. L.
109–295, title VI, § 611(11), Oct. 4, 2006, 120 Stat.
1396.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (c)(5)(B), was in
the original ‘‘this Act’’, meaning Pub. L. 107–296, Nov.
25, 2002, 116 Stat. 2135, known as the Homeland Security
Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 101 of this
title and Tables.
PRIOR PROVISIONS
A prior section 313, Pub. L. 107–296, title V, § 503, Nov.
25, 2002, 116 Stat. 2213; Pub. L. 108–276, § 3(c)(3), July 21,
2004, 118 Stat. 853; Pub. L. 109–417, title III, § 301(c)(2),
Dec. 19, 2006, 120 Stat. 2854, related to the transfer of
certain functions to the Secretary of Homeland Security, prior to repeal by Pub. L. 109–295, title VI, § 611(3),
Oct. 4, 2006, 120 Stat. 1395.
CHANGE OF NAME
Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat.
1410, provided that: ‘‘Any reference to the Director of
the Federal Emergency Management Agency, in any
law, rule, regulation, certificate, directive, instruction,
or other official paper shall be considered to refer and
apply to the Administrator of the Federal Emergency
Management Agency.’’
Pub. L. 109–295, title VI, § 612(f)(2), Oct. 4, 2006, 120
Stat. 1411, provided that: ‘‘Any reference to the Administrator of the Federal Emergency Management Agency
in this title [see Tables for classification] or an amendment by this title shall be considered to refer and apply
to the Director of the Federal Emergency Management
Agency until March 31, 2007.’’
EFFECTIVE DATE
Section effective Mar. 31, 2007, see section 614(b)(1) of
Pub. L. 109–295, set out as a note under section 701 of
this title.

§ 314. Authority and responsibilities
(a) In general
The Administrator shall provide Federal leadership necessary to prepare for, protect against,
respond to, recover from, or mitigate against a
natural disaster, act of terrorism, or other manmade disaster, including—
(1) helping to ensure the effectiveness of
emergency response providers to terrorist attacks, major disasters, and other emergencies;

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(2) with respect to the Nuclear Incident Response Team (regardless of whether it is operating as an organizational unit of the Department pursuant to this subchapter)—
(A) establishing standards and certifying
when those standards have been met;
(B) conducting joint and other exercises
and training and evaluating performance;
and
(C) providing funds to the Department of
Energy and the Environmental Protection
Agency, as appropriate, for homeland security planning, exercises and training, and
equipment;
(3) providing the Federal Government’s response to terrorist attacks and major disasters, including—
(A) managing such response;
(B) directing the Domestic Emergency
Support Team and (when operating as an organizational unit of the Department pursuant to this subchapter) the Nuclear Incident
Response Team;
(C) overseeing the Metropolitan Medical
Response System; and
(D) coordinating other Federal response
resources, including requiring deployment of
the Strategic National Stockpile, in the
event of a terrorist attack or major disaster;
(4) aiding the recovery from terrorist attacks and major disasters;
(5) building a comprehensive national incident management system with Federal, State,
and local government personnel, agencies, and
authorities, to respond to such attacks and
disasters;
(6) consolidating existing Federal Government emergency response plans into a single,
coordinated national response plan;
(7) helping ensure the acquisition of operable
and interoperable communications capabilities by Federal, State, local, and tribal governments and emergency response providers;
(8) assisting the President in carrying out
the functions under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) and carrying out all
functions and authorities given to the Administrator under that Act;
(9) carrying out the mission of the Agency to
reduce the loss of life and property and protect
the Nation from all hazards by leading and
supporting the Nation in a risk-based, comprehensive emergency management system of—
(A) mitigation, by taking sustained actions to reduce or eliminate long-term risks
to people and property from hazards and
their effects;
(B) preparedness, by planning, training,
and building the emergency management
profession to prepare effectively for, mitigate against, respond to, and recover from
any hazard;
(C) response, by conducting emergency operations to save lives and property through
positioning emergency equipment, personnel, and supplies, through evacuating potential victims, through providing food, water,
shelter, and medical care to those in need,
and through restoring critical public services; and

§ 314

(D) recovery, by rebuilding communities
so individuals, businesses, and governments
can function on their own, return to normal
life, and protect against future hazards;
(10) increasing efficiencies, by coordinating
efforts relating to preparedness, protection,
response, recovery, and mitigation;
(11) helping to ensure the effectiveness of
emergency response providers in responding to
a natural disaster, act of terrorism, or other
man-made disaster;
(12) supervising grant programs administered by the Agency;
(13) administering and ensuring the implementation of the National Response Plan, including coordinating and ensuring the readiness of each emergency support function under
the National Response Plan;
(14) coordinating with the National Advisory
Council established under section 318 of this
title;
(15) preparing and implementing the plans
and programs of the Federal Government for—
(A) continuity of operations;
(B) continuity of government; and
(C) continuity of plans;
(16) minimizing, to the extent practicable,
overlapping planning and reporting requirements applicable to State, local, and tribal
governments and the private sector;
(17) maintaining and operating within the
Agency the National Response Coordination
Center or its successor;
(18) developing a national emergency management system that is capable of preparing
for, protecting against, responding to, recovering from, and mitigating against catastrophic
incidents;
(19) assisting the President in carrying out
the functions under the national preparedness
goal and the national preparedness system and
carrying out all functions and authorities of
the Administrator under the national preparedness System;
(20) carrying out all authorities of the Federal Emergency Management Agency and the
Directorate of Preparedness of the Department as transferred under section 315 of this
title; and
(21) otherwise carrying out the mission of
the Agency as described in section 313(b) of
this title.
(b) All-hazards approach
In carrying out the responsibilities under this
section, the Administrator shall coordinate the
implementation of a risk-based, all-hazards
strategy that builds those common capabilities
necessary to prepare for, protect against, respond to, recover from, or mitigate against natural disasters, acts of terrorism, and other manmade disasters, while also building the unique
capabilities necessary to prepare for, protect
against, respond to, recover from, or mitigate
against the risks of specific types of incidents
that pose the greatest risk to the Nation.
(Pub. L. 107–296, title V, § 504, formerly § 502, Nov.
25, 2002, 116 Stat. 2212; Pub. L. 108–276, § 3(b)(1),
July 21, 2004, 118 Stat. 852; Pub. L. 108–458, title
VII, § 7303(h)(1), Dec. 17, 2004, 118 Stat. 3846; re-

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numbered § 504 and amended Pub. L. 109–295, title
VI, § 611(8), (12), Oct. 4, 2006, 120 Stat. 1395, 1398;
Pub. L. 109–417, title III, § 301(c)(1), Dec. 19, 2006,
120 Stat. 2854.)
REFERENCES IN TEXT
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (a)(8), is
Pub. L. 93–288, May 22, 1974, 88 Stat. 143, as amended,
which is classified principally to chapter 68 (§ 5121 et
seq.) of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see
Short Title note set out under section 5121 of Title 42
and Tables.
CODIFICATION
Section was formerly classified to section 312 of this
title prior to renumbering by Pub. L. 109–295.
PRIOR PROVISIONS
A prior section 504 of Pub. L. 107–296 was renumbered
section 517 and is classified to section 321f of this title.
AMENDMENTS
2006—Pub. L. 109–295, § 611(12)(A), (B), inserted ‘‘Authority and’’ before ‘‘responsibilities’’ in section catchline, designated existing provisions as subsec. (a), inserted subsec. heading, and substituted ‘‘The Administrator shall provide Federal leadership necessary to
prepare for, protect against, respond to, recover from,
or mitigate against a natural disaster, act of terrorism,
or other man-made disaster, including—’’ for ‘‘The Secretary, acting through the Under Secretary for Emergency Preparedness and Response, shall include—’’ in
introductory provisions.
Subsec. (a)(3)(B). Pub. L. 109–417, which directed that
section 502(3)(B) of Pub. L. 107–296 be amended by striking ‘‘, the National Disaster Medical System,’’, was executed by striking those words after ‘‘Domestic Emergency Support Team’’ in subsec. (a)(3)(B) of this section, to reflect the probable intent of Congress and the
redesignation of section 502(3)(B) as 504(a)(3)(B) by Pub.
L. 109–295, § 611(8), (12)(B). See credits and Amendment
note above.
Subsec. (a)(7) to (21). Pub. L. 109–295, § 611(12)(C), (D),
added pars. (7) to (21) and struck out former par. (7)
which read as follows: ‘‘helping to ensure that emergency response providers acquire interoperable communications technology.’’
Subsec. (b). Pub. L. 109–295, § 611(12)(D), added subsec.
(b).
2004—Par. (3)(B). Pub. L. 108–276, § 3(b)(1)(A), struck
out ‘‘the Strategic National Stockpile,’’ after ‘‘Domestic Emergency Support Team,’’.
Par. (3)(D). Pub. L. 108–276, § 3(b)(1)(B), inserted
‘‘, including requiring deployment of the Strategic National Stockpile,’’ after ‘‘resources’’.
Par. (7). Pub. L. 108–458 struck out ‘‘developing comprehensive programs for developing interoperative
communications technology, and’’ before ‘‘helping’’
and substituted ‘‘acquire interoperable communications technology’’ for ‘‘acquire such technology’’.
EFFECTIVE DATE OF 2006 AMENDMENT
Pub. L. 109–417, title III, § 301(f), Dec. 19, 2006, 120 Stat.
2855, provided that: ‘‘The amendments made by subsections (b) and (c) [amending this section and former
section 313 of this title and enacting provisions set out
as a note under section 300hh–11 of Title 42, The Public
Health and Welfare] shall take effect on January 1,
2007.’’
Amendment by section 611(12) of Pub. L. 109–295 effective Mar. 31, 2007, see section 614(b)(2) of Pub. L. 109–295,
set out as an Effective Date note under section 701 of
this title.
EX. ORD. NO. 13347. INDIVIDUALS WITH DISABILITIES IN
EMERGENCY PREPAREDNESS
Ex. Ord. No. 13347, July 22, 2004, 69 F.R. 44573, provided:

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By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and to strengthen emergency preparedness
with respect to individuals with disabilities, it is hereby ordered as follows:
SECTION 1. Policy. To ensure that the Federal Government appropriately supports safety and security for individuals with disabilities in situations involving disasters, including earthquakes, tornadoes, fires, floods,
hurricanes, and acts of terrorism, it shall be the policy
of the United States that executive departments and
agencies of the Federal Government (agencies):
(a) consider, in their emergency preparedness planning, the unique needs of agency employees with disabilities and individuals with disabilities whom the
agency serves;
(b) encourage, including through the provision of
technical assistance, as appropriate, consideration of
the unique needs of employees and individuals with disabilities served by State, local, and tribal governments
and private organizations and individuals in emergency
preparedness planning; and
(c) facilitate cooperation among Federal, State, local,
and tribal governments and private organizations and
individuals in the implementation of emergency preparedness plans as they relate to individuals with disabilities.
SEC. 2. Establishment of Council. (a) There is hereby established, within the Department of Homeland Security for administrative purposes, the Interagency Coordinating Council on Emergency Preparedness and Individuals with Disabilities (the ‘‘Council’’). The Council
shall consist exclusively of the following members or
their designees:
(i) the heads of executive departments, the Administrator of the Environmental Protection Agency, the
Administrator of General Services, the Director of
the Office of Personnel Management, and the Commissioner of Social Security; and
(ii) any other agency head as the Secretary of
Homeland Security may, with the concurrence of the
agency head, designate.
(b) The Secretary of Homeland Security shall chair
the Council, convene and preside at its meetings, determine its agenda, direct its work, and, as appropriate to
particular subject matters, establish and direct subgroups of the Council, which shall consist exclusively
of Council members.
(c) A member of the Council may designate, to perform the Council functions of the member, an employee
of the member’s department or agency who is either an
officer of the United States appointed by the President,
or a full-time employee serving in a position with pay
equal to or greater than the minimum rate payable for
GS–15 of the General Schedule.
SEC. 3. Functions of Council. (a) The Council shall:
(i) coordinate implementation by agencies of the
policy set forth in section 1 of this order;
(ii) whenever the Council obtains in the performance of its functions information or advice from any
individual who is not a full-time or permanent parttime Federal employee, obtain such information and
advice only in a manner that seeks individual advice
and does not involve collective judgment or consensus advice or deliberation; and
(iii) at the request of any agency head (or the agency head’s designee under section 2(c) of this order)
who is a member of the Council, unless the Secretary
of Homeland Security declines the request, promptly
review and provide advice, for the purpose of furthering the policy set forth in section 1, on a proposed action by that agency.
(b) The Council shall submit to the President each
year beginning 1 year after the date of this order,
through the Assistant to the President for Homeland
Security, a report that describes:
(i) the achievements of the Council in implementing the policy set forth in section 1;
(ii) the best practices among Federal, State, local,
and tribal governments and private organizations and

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individuals for emergency preparedness planning
with respect to individuals with disabilities; and
(iii) recommendations of the Council for advancing
the policy set forth in section 1.
SEC. 4. General. (a) To the extent permitted by law:
(i) agencies shall assist and provide information to
the Council for the performance of its functions
under this order; and
(ii) the Department of Homeland Security shall
provide funding and administrative support for the
Council.
(b) Nothing in this order shall be construed to impair
or otherwise affect the functions of the Director of the
Office of Management and Budget relating to budget,
administrative, or legislative proposals.
(c) This order is intended only to improve the internal management of the executive branch and is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, instrumentalities, or entities, its officers or employees, or any other person.
GEORGE W. BUSH.

§ 314a. FEMA programs
Notwithstanding any other provision of Federal law, as of April 1, 2007, the Director of the
Federal Emergency Management Agency shall
be responsible for the radiological emergency
preparedness program and the chemical stockpile emergency preparedness program.
(Pub. L. 109–347, title VI, § 612, Oct. 13, 2006, 120
Stat. 1943.)
CODIFICATION
Section was enacted as part of the Security and Accountability For Every Port Act of 2006, also known as
the SAFE Port Act, and not as part of the Homeland
Security Act of 2002 which comprises this chapter.
CHANGE OF NAME
References to the Director of the Federal Emergency
Management Agency considered to refer and apply to
the Administrator of the Federal Emergency Management Agency, see section 612(c) of Pub. L. 109–295, set
out as a note under section 313 of this title.

§ 315. Functions transferred
(a) In general
Except as provided in subsection (b), there are
transferred to the Agency the following:
(1) All functions of the Federal Emergency
Management Agency, including existing responsibilities for emergency alert systems and
continuity of operations and continuity of
government plans and programs as constituted
on June 1, 2006, including all of its personnel,
assets, components, authorities, grant programs, and liabilities, and including the functions of the Under Secretary for Federal
Emergency Management relating thereto.
(2) The Directorate of Preparedness, as constituted on June 1, 2006, including all of its
functions, personnel, assets, components, authorities, grant programs, and liabilities, and
including the functions of the Under Secretary
for Preparedness relating thereto.
(b) Exceptions
The following within the Preparedness Directorate shall not be transferred:
(1) The Office of Infrastructure Protection.
(2) The National Communications System.

(3) The National Cybersecurity Division.
(4) The functions, personnel, assets, components, authorities, and liabilities of each component described under paragraphs (1) through
(3).
(Pub. L. 107–296, title V, § 505, as added Pub. L.
109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat.
1400; amended Pub. L. 115–387, § 2(f)(4), Dec. 21,
2018, 132 Stat. 5168.)
PRIOR PROVISIONS
A prior section 505 of Pub. L. 107–296 was renumbered
section 518 and is classified to section 321g of this title.
AMENDMENTS
2018—Subsec. (b)(4), (5). Pub. L. 115–387 redesignated
par. (5) as (4), substituted ‘‘(1) through (3)’’ for ‘‘(1)
through (4)’’, and struck out former par. (4) which read
as follows: ‘‘The Office of the Chief Medical Officer.’’
EFFECTIVE DATE
Section effective Mar. 31, 2007, see section 614(b)(3) of
Pub. L. 109–295, set out as a note under section 701 of
this title.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
sections 551(d), 552(d), and 557 of this title and the Department of Homeland Security Reorganization Plan of
November 25, 2002, as modified, set out as a note under
section 542 of this title.

§ 316. Preserving the Federal Emergency Management Agency
(a) Distinct entity
The Agency shall be maintained as a distinct
entity within the Department.
(b) Reorganization
Section 452 of this title shall not apply to the
Agency, including any function or organizational unit of the Agency.
(c) Prohibition on changes to missions
(1) In general
The Secretary may not substantially or significantly reduce, including through a Joint
Task Force established under section 348 of
this title, the authorities, responsibilities, or
functions of the Agency or the capability of
the Agency to perform those missions, authorities, responsibilities, except as otherwise
specifically provided in an Act enacted after
October 4, 2006.
(2) Certain transfers prohibited
No asset, function, or mission of the Agency
may be diverted to the principal and continuing use of any other organization, unit, or entity of the Department, including a Joint Task
Force established under section 348 of this
title, except for details or assignments that do
not reduce the capability of the Agency to perform its missions.
(d) Reprogramming and transfer of funds
In reprogramming or transferring funds, the
Secretary shall comply with any applicable pro-