6 U.S.C. § 314a — FEMA programs

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-