PRIA, Government Policy, Made Personal

Summary

Keep FEMA as a separate unit inside the Department. The Department’s reorganization rule in section 452 does not apply to FEMA or any part of it. The Secretary cannot greatly reduce FEMA’s powers, duties, or its ability to do its work unless Congress approves a law after October 4, 2006, that allows it. FEMA’s assets, functions, or missions cannot be moved to another part of the Department (including any Joint Task Force under section 348) unless they are temporary details or assignments that do not weaken FEMA’s capability. Any changes or transfers of money must follow the rules in the Department’s appropriations laws for fiscal year 2007 or later.

Title 6, §316

Domestic Security, Source: USLM XML via OLRC

(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 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