6 U.S.C. § 238

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Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 238 - Office for Domestic Preparedness

(a) Establishment

There is established in the Department an Office for Domestic Preparedness.

(b) Director

There shall be a Director of the Office for Domestic Preparedness, who shall be appointed by the President.

(c) Responsibilities

The Office for Domestic Preparedness shall have the primary responsibility within the executive branch of Government for the preparedness of the United States for acts of terrorism, including-

(1) coordinating preparedness efforts at the Federal level, and working with all State, local, tribal, parish, and private sector emergency response providers on all matters pertaining to combating terrorism, including training, exercises, and equipment support;

(2) coordinating or, as appropriate, consolidating communications and systems of communications relating to homeland security at all levels of government;

(3) directing and supervising terrorism preparedness grant programs of the Federal Government (other than those programs administered by the Department of Health and Human Services) for all emergency response providers;

(4) incorporating the Strategy priorities into planning guidance on an agency level for the preparedness efforts of the Office for Domestic Preparedness;

(5) providing agency-specific training for agents and analysts within the Department, other agencies, and State and local agencies and international entities;

(6) as the lead executive branch agency for preparedness of the United States for acts of terrorism, cooperating closely with the Federal Emergency Management Agency, which shall have the primary responsibility within the executive branch to prepare for and mitigate the effects of nonterrorist-related disasters in the United States;

(7) assisting and supporting the Secretary, in coordination with other Directorates and entities outside the Department, in conducting appropriate risk analysis and risk management activities of State, local, and tribal governments consistent with the mission and functions of the Department;

(8) those elements of the Office of National Preparedness of the Federal Emergency Management Agency which relate to terrorism, which shall be consolidated within the Department in the Office for Domestic Preparedness established under this section; and

(9) helping to ensure the acquisition of interoperable communication technology by State and local governments and emergency response providers.

(d) Fiscal years 2003 and 2004

During fiscal year 2003 and fiscal year 2004, the Director of the Office for Domestic Preparedness established under this section shall manage and carry out those functions of the Office for Domestic Preparedness of the Department of Justice (transferred under this section) before September 11, 2001, under the same terms, conditions, policies, and authorities, and with the required level of personnel, assets, and budget before September 11, 2001.

6 U.S.C. § 238

Pub. L. 107-296, title IV, §430, Nov. 25, 2002, 116 Stat. 2191; Pub. L. 108-458, title VII, §7303(h)(2), Dec. 17, 2004, 118 Stat. 3847; Pub. L. 112-166, §2(f)(1), Aug. 10, 2012, 126 Stat. 1284; Pub. L. 114-125, title VIII, §802(g)(1)(B)(iv)(II), Feb. 24, 2016, 130 Stat. 212.

EDITORIAL NOTES

AMENDMENTS2016-Subsec. (a). Pub. L. 114-125, §802(g)(1)(B)(iv)(II)(aa), amended subsec. (a) generally. Prior to amendment, text read as follows: "The Office for Domestic Preparedness shall be within the Directorate of Border and Transportation Security."Subsec. (b). Pub. L. 114-125, §802(g)(1)(B)(iv)(II)(bb), struck out at end "The Director of the Office for Domestic Preparedness shall report directly to the Under Secretary for Border and Transportation Security."Subsec. (c)(7). Pub. L. 114-125, §802(g)(1)(B)(iv)(II)(cc), substituted "functions of the Department" for "functions of the Directorate".2012-Subsec. (b). Pub. L. 112-166 struck out ", by and with the advice and consent of the Senate" before period at end of first sentence.2004-Subsec. (c)(9). Pub. L. 108-458 added par. (9).

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2012 AMENDMENTAmendment by Pub. L. 112-166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112-166 set out as a note under section 113 of this title.

Department: The term "Department" means the Department of Homeland Security.
Secretary: The term "Secretary" means the Secretary of Homeland Security.
State: The term "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States.
assets: The term "assets" includes contracts, facilities, property, records, unobligated or unexpended balances of appropriations, and other funds or resources (other than personnel).
emergency response providers: The term "emergency response providers" includes Federal, State, and local governmental and nongovernmental emergency public safety, fire, law enforcement, emergency response, emergency medical (including hospital emergency facilities), and related personnel, agencies, and authorities.
functions: The term "functions" includes authorities, powers, rights, privileges, immunities, programs, projects, activities, duties, and responsibilities.
personnel: The term "personnel" means officers and employees.
terrorism: The term "terrorism" means any activity that-(A) involves an act that-(i) is dangerous to human life or potentially destructive of critical infrastructure or key resources; and(ii) is a violation of the criminal laws of the United States or of any State or other subdivision of the United States; and(B) appears to be intended-(i) to intimidate or coerce a civilian population;(ii) to influence the policy of a government by intimidation or coercion; or(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping.
Agency: the term "Agency" means the Federal Emergency Management Agency;
emergency management: the term "emergency management" means the governmental function that coordinates and integrates all activities necessary to build, sustain, and improve the capability to prepare for, protect against, respond to, recover from, or mitigate against threatened or actual natural disasters, acts of terrorism, or other man-made disasters;