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

Summary

Keep the Federal Emergency Management Agency (FEMA) as its own unit inside the Department. Section 452 of this title does not apply to FEMA or any part of it. The Secretary must not significantly cut FEMA’s powers, duties, or ability to carry out its missions, including by using a Joint Task Force under section 348, unless a later law passed after October 4, 2006, specifically allows it. FEMA’s assets, functions, or missions cannot be permanently moved to another Department unit (including a Joint Task Force under section 348) except for temporary details or assignments that do not reduce FEMA’s capabilities. When reprogramming or transferring funds, the Secretary must follow any rules in any appropriations Act for the Department for fiscal year 2007, or any succeeding fiscal year, 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