§313 — Title 6 Domestic Security | U.S. Code

Summary

Creates the Federal Emergency Management Agency (FEMA) inside the Department and gives it the job of cutting deaths and property damage from natural and man-made disasters. FEMA must lead the nation’s work on preparing for, protecting against, responding to, recovering from, and lessening the harm from disasters. The agency is run by an Administrator who the President appoints with Senate approval. The Administrator must have emergency-management or homeland-security knowledge and at least 5 years of executive leadership experience. The Administrator reports directly to the Secretary and is the main adviser to the President, the Homeland Security Council, and the Secretary on emergency management. When giving advice, the Administrator must describe the different options and will provide advice when asked. After telling the Secretary, the Administrator may also recommend actions to Congress. The President can name the Administrator a Cabinet member during disasters, without changing the Secretary’s authority. The Administrator must lead and coordinate a national emergency system. That includes working with state, local, and tribal governments, other federal agencies, the private sector, and nonprofits; building fast federal response teams to save lives and protect health and property; keeping and using regional offices; coordinating with Coast Guard, Customs and Border Protection, Immigration and Customs Enforcement, the National Operations Center, and other Department offices; and giving money, training, exercises, planning, and technical help to build response capabilities (including communications). FEMA must create a risk-based, all-hazards strategy that builds both common and specific capabilities for the worst risks. The agency must also make sure children’s needs, including those of underserved children, are included in preparedness, response, recovery, and mitigation, and may appoint a technical expert to help coordinate that work.

Title 6, §313

Domestic Security — Source: USLM XML via OLRC

(a)There is in the Department the Federal Emergency Management Agency, headed by an Administrator.

(b)(1)The primary mission of the Agency is to reduce the loss of life and property and protect the Nation from all hazards, including natural disasters, acts of terrorism, and other man-made disasters, by leading and supporting the Nation in a risk-based, comprehensive emergency management system of preparedness, protection, response, recovery, and mitigation.

(2)In support of the primary mission of the Agency, the Administrator shall—

(A)lead the Nation’s efforts to prepare for, protect against, respond to, recover from, and mitigate against the risk of natural disasters, acts of terrorism, and other man-made disasters, including catastrophic incidents;

(B)partner with State, local, and tribal governments and emergency response providers, with other Federal agencies, with the private sector, and with nongovernmental organizations to build a national system of emergency management that can effectively and efficiently utilize the full measure of the Nation’s resources to respond to natural disasters, acts of terrorism, and other man-made disasters, including catastrophic incidents;

(C)develop a Federal response capability that, when necessary and appropriate, can act effectively and rapidly to deliver assistance essential to saving lives or protecting or preserving property or public health and safety in a natural disaster, act of terrorism, or other man-made disaster;

(D)integrate the Agency’s emergency preparedness, protection, response, recovery, and mitigation responsibilities to confront effectively the challenges of a natural disaster, act of terrorism, or other man-made disaster;

(E)develop and maintain robust Regional Offices that will work with State, local, and tribal governments, emergency response providers, and other appropriate entities to identify and address regional priorities;

(F)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;

(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;

(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 man-made disasters while also building the unique capabilities necessary to respond to specific types of incidents that pose the greatest risk to our Nation; and

(I)identify, integrate, and implement the needs of children, including children within under-served communities, into activities to prepare for, protect against, respond to, recover from, and mitigate against the risk of natural disasters, acts of terrorism, and other disasters, including catastrophic incidents, including by appointing a technical expert, who may consult with relevant outside organizations and experts, as necessary, to coordinate such integration, as necessary.

(c)(1)The Administrator shall be appointed by the President, by and with the advice and consent of the Senate.

(2)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)The Administrator shall report to the Secretary, without being required to report through any other official of the Department.

(4)(A)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)(i)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)The Administrator, as the principal advisor on emergency management, shall provide advice to the President, the Homeland Security Council, or the Secretary on a particular matter when the President, the Homeland Security Council, or the Secretary requests such advice.

(iii)After informing the Secretary, the Administrator may make such recommendations to Congress relating to emergency management as the Administrator considers appropriate.

(5)(A)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)Nothing in this paragraph shall be construed as affecting the authority of the Secretary under this chapter.

Notes & Related Subsidiaries

Editorial Notes

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.

Amendments

2022—Subsec. (b)(2)(I). Pub. L. 117–130 added subpar. (I).

Statutory Notes and Related Subsidiaries

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.

§313 Federal Emergency Management Agency