6 Usc 314

6 USC 314: Authority and responsibilities
Text contains those laws in effect on April 12, 2021
From Title 6-DOMESTIC SECURITY
CHAPTER 1-HOMELAND SECURITY ORGANIZATION
SUBCHAPTER V-NATIONAL EMERGENCY MANAGEMENT
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§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 man-made disaster, including(1) helping to ensure the effectiveness of emergency response providers to terrorist attacks, major disasters, and
other emergencies;
(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
(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 riskbased, 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 man-made 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 ; renumbered §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 .)
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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.

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Section was formerly classified to section 312 of this title prior to renumbering by Pub. L. 109–295.

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A prior section 504 of Pub. L. 107–296 was renumbered section 517 and is classified to section 321f of this

title.

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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".
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2006 A

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.
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Ex. Ord. No. 13347, July 22, 2004, 69 F.R. 44573, provided:
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:
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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.
S . 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.
S . 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 part-time 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 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.
S . 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.
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