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

Summary

Keep the Agency (FEMA) as a separate part of the Department. Section 452 does not apply to the Agency or any part of it. The Secretary may not cut the Agency’s powers, duties, or ability to do its missions unless Congress specifically allows that change in a law passed after October 4, 2006. The Agency’s assets, functions, or missions cannot be moved to another part of the Department or to a Joint Task Force under section 348 for ongoing use, except for short details or assignments that do not weaken the Agency’s capabilities. When moving or reprogramming money, the Secretary must follow any rules in Department appropriations laws for fiscal year 2007 or later about such transfers.

Title 6, §316

Domestic Security — Source: USLM XML via OLRC

(a)The Agency shall be maintained as a distinct entity within the Department.

(b)section 452 of this title shall not apply to the Agency, including any function or organizational unit of the Agency.

(c)(1)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,11 So in original. Probably should be “authorities, responsibilities, or functions”. except as otherwise specifically provided in an Act enacted after October 4, 2006.

(2)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)In reprogramming or transferring funds, the Secretary shall comply with any applicable provisions of any Act making appropriations for the Department for fiscal year 2007, or any succeeding fiscal year, relating to the reprogramming or transfer of funds.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 506 of Pub. L. 107–296 was renumbered section 502 and is classified to section 312 of this title.

Amendments

2016—Subsec. (c)(1). Pub. L. 114–328, § 1901(d)(1)(A), inserted “, including through a Joint Task Force established under section 348 of this title, after “reduce”. Subsec. (c)(2). Pub. L. 114–328, § 1901(d)(1)(B), inserted “including a Joint Task Force established under section 348 of this title,” after “Department,”.

§316 Preserving the Federal Emergency Management Agency