6 U.S.C. § 316

Current through P.L. 118-64 (published on www.congress.gov on 05/24/2024), except for [P. L. 118-63]

Section 316 - Preserving the Federal Emergency Management Agency

(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,¹ 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.

¹ So in original. Probably should be "authorities, responsibilities, or functions".

6 U.S.C. § 316

Pub. L. 107-296, title V, §506, as added Pub. L. 109-295, title VI, §611(13), Oct. 4, 2006, 120 Stat. 1400; amended Pub. L. 114-328, div. A, title XIX, §1901(d)(1), Dec. 23, 2016, 130 Stat. 2670.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 506 of Pub. L. 107-296 was renumbered section 502 and is classified to section 312 of this title.

AMENDMENTS2016-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,".

functions

The term "functions" includes authorities, powers, rights, privileges, immunities, programs, projects, activities, duties, and responsibilities.

Agency

the term "Agency" means the Federal Emergency Management Agency;

Department

the term "Department" means the Department of Homeland Security;

Secretary

the term "Secretary" means the Secretary of Homeland Security;