6 USC 314a

Page 129

§ 316

TITLE 6—DOMESTIC SECURITY

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-