6 U.S.C. § 315 — Functions transferred

Page 162 TITLE 6—DOMESTIC SECURITY § 314a Administrator of General Services, the Director of the Office of Personnel Management, and the Com- missioner of Social Security; and (ii) any other agency head as the Secretary of Homeland Security may, with the concurrence of the agency head, designate. (b) The Secretary of Homeland Security shall chair the Council, convene and preside at its meetings, deter- mine its agenda, direct its work, and, as appropriate to particular subject matters, establish and direct sub- groups of the Council, which shall consist exclusively of Council members. (c) A member of the Council may designate, to per- form the Council functions of the member, an employee of the member’s department or agency who is either an officer of the United States appointed by the President, or a full-time employee serving in a position with pay equal to or greater than the minimum rate payable for GS–15 of the General Schedule. SEC. 3. Functions of Council. (a) The Council shall: (i) coordinate implementation by agencies of the policy set forth in section 1 of this order; (ii) whenever the Council obtains in the perform- ance of its functions information or advice from any individual who is not a full-time or permanent part- time Federal employee, obtain such information and advice only in a manner that seeks individual advice and does not involve collective judgment or con- sensus advice or deliberation; and (iii) at the request of any agency head (or the agen- cy head’s designee under section 2(c) of this order) who is a member of the Council, unless the Secretary of Homeland Security declines the request, promptly review and provide advice, for the purpose of fur- thering the policy set forth in section 1, on a pro- posed action by that agency. (b) The Council shall submit to the President each year beginning 1 year after the date of this order, through the Assistant to the President for Homeland Security, a report that describes: (i) the achievements of the Council in imple- menting the policy set forth in section 1; (ii) the best practices among Federal, State, local, and tribal governments and private organizations and individuals for emergency preparedness planning with respect to individuals with disabilities; and (iii) recommendations of the Council for advancing the policy set forth in section 1. SEC. 4. General. (a) To the extent permitted by law: (i) agencies shall assist and provide information to the Council for the performance of its functions under this order; and (ii) the Department of Homeland Security shall provide funding and administrative support for the Council. (b) Nothing in this order shall be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals. (c) This order is intended only to improve the inter- nal management of the executive branch and is not in- tended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in eq- uity by a party against the United States, its depart- ments, agencies, instrumentalities, or entities, its offi- cers or employees, or any other person. GEORGE W. BUSH. § 314a. FEMA programs Notwithstanding any other provision of Fed- eral law, as of April 1, 2007, the Director of the Federal Emergency Management Agency shall be responsible for the radiological emergency preparedness program and the chemical stock- pile emergency preparedness program. (Pub. L. 109–347, title VI, § 612, Oct. 13, 2006, 120 Stat. 1943.) Editorial Notes CODIFICATION Section was enacted as part of the Security and Ac- countability For Every Port Act of 2006, also known as the SAFE Port Act, and not as part of the Homeland Security Act of 2002 which comprises this chapter. Statutory Notes and Related Subsidiaries CHANGE OF NAME References to the Director of the Federal Emergency Management Agency considered to refer and apply to the Administrator of the Federal Emergency Manage- ment Agency, see section 612(c) of Pub. L. 109–295, set out as a note under section 313 of this title. § 315. Functions transferred (a) In general Except as provided in subsection (b), there are transferred to the Agency the following: (1) All functions of the Federal Emergency Management Agency, including existing re- sponsibilities for emergency alert systems and continuity of operations and continuity of government plans and programs as constituted on June 1, 2006, including all of its personnel, assets, components, authorities, grant pro- grams, and liabilities, and including the func- tions of the Under Secretary for Federal Emergency Management relating thereto. (2) The Directorate of Preparedness, as con- stituted on June 1, 2006, including all of its functions, personnel, assets, components, au- thorities, grant programs, and liabilities, and including the functions of the Under Secretary for Preparedness relating thereto. (b) Exceptions The following within the Preparedness Direc- torate shall not be transferred: (1) The Office of Infrastructure Protection. (2) The National Communications System. (3) The National Cybersecurity Division. (4) The functions, personnel, assets, compo- nents, authorities, and liabilities of each com- ponent described under paragraphs (1) through (3). (Pub. L. 107–296, title V, § 505, as added Pub. L. 109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat. 1400; amended Pub. L. 115–387, § 2(f)(4), Dec. 21, 2018, 132 Stat. 5168.) Editorial Notes PRIOR PROVISIONS A prior section 505 of Pub. L. 107–296 was renumbered section 518 and is classified to section 321g of this title. AMENDMENTS 2018—Subsec. (b)(4), (5). Pub. L. 115–387 redesignated par. (5) as (4), substituted ‘‘(1) through (3)’’ for ‘‘(1) through (4)’’, and struck out former par. (4) which read as follows: ‘‘The Office of the Chief Medical Officer.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Mar. 31, 2007, see section 614(b)(3) of Pub. L. 109–295, set out as a note under section 701 of this title. TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- Page 163 TITLE 6—DOMESTIC SECURITY § 317 1 So in original. Probably should be ‘‘authorities, responsibil- ities, or functions’’. cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of this title and the De- partment of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of this title. § 316. Preserving the Federal Emergency Man- agement 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 organiza- tional unit of the Agency. (c) Prohibition on changes to missions (1) In general The Secretary may not substantially or sig- nificantly 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, au- thorities, 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 con- tinuing 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 Agen- cy to perform its missions. (d) Reprogramming and transfer of funds In reprogramming or transferring funds, the Secretary shall comply with any applicable pro- visions of any Act making appropriations for the Department for fiscal year 2007, or any suc- ceeding fiscal year, relating to the reprogram- ming or transfer of funds. (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 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), in- serted ‘‘, including through a Joint Task Force estab- lished 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 sec- tion 348 of this title,’’ after ‘‘Department,’’. § 317. Regional offices (a) In general There are in the Agency 10 regional offices, as identified by the Administrator. (b) Management of regional offices (1) Regional Administrator Each Regional Office shall be headed by a Regional Administrator who shall be ap- pointed by the Administrator, after consulting with State, local, and tribal government offi- cials in the region. Each Regional Adminis- trator shall report directly to the Adminis- trator and be in the Senior Executive Service. (2) Qualifications (A) In general Each Regional Administrator shall be ap- pointed from among individuals who have a demonstrated ability in and knowledge of emergency management and homeland secu- rity. (B) Considerations In selecting a Regional Administrator for a Regional Office, the Administrator shall consider the familiarity of an individual with the geographical area and demographic characteristics of the population served by such Regional Office. (c) Responsibilities (1) In general The Regional Administrator shall work in partnership with State, local, and tribal gov- ernments, emergency managers, emergency response providers, medical providers, the pri- vate sector, nongovernmental organizations, multijurisdictional councils of governments, and regional planning commissions and orga- nizations in the geographical area served by the Regional Office to carry out the respon- sibilities of a Regional Administrator under this section. (2) Responsibilities The responsibilities of a Regional Adminis- trator include— (A) ensuring effective, coordinated, and in- tegrated regional preparedness, protection, response, recovery, and mitigation activities and programs for natural disasters, acts of terrorism, and other man-made disasters (in- cluding planning, training, exercises, and professional development); (B) assisting in the development of re- gional capabilities needed for a national cat- astrophic response system; (C) coordinating the establishment of ef- fective regional operable and interoperable emergency communications capabilities; (D) staffing and overseeing 1 or more strike teams within the region under sub- section (f), to serve as the focal point of the Federal Government’s initial response ef- forts for natural disasters, acts of terrorism, and other man-made disasters within that region, and otherwise building Federal re- sponse capabilities to respond to natural dis- asters, acts of terrorism, and other man- made disasters within that region; (E) designating an individual responsible for the development of strategic and oper- ational regional plans in support of the Na- tional Response Plan; (F) fostering the development of mutual aid and other cooperative agreements;