6 U.S.C. § 317 — Regional offices

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; Page 164 TITLE 6—DOMESTIC SECURITY § 317 (G) identifying critical gaps in regional ca- pabilities to respond to populations with special needs; (H) maintaining and operating a Regional Response Coordination Center or its suc- cessor; (I) coordinating with the private sector to help ensure private sector preparedness for natural disasters, acts of terrorism, and other man-made disasters; (J) assisting State, local, and tribal gov- ernments, where appropriate, to preidentify and evaluate suitable sites where a multi- jurisdictional incident command system may quickly be established and operated from, if the need for such a system arises; and (K) performing such other duties relating to such responsibilities as the Administrator may require. (3) Training and exercise requirements (A) Training The Administrator shall require each Re- gional Administrator to undergo specific training periodically to complement the qualifications of the Regional Adminis- trator. Such training, as appropriate, shall include training with respect to the Na- tional Incident Management System, the National Response Plan, and such other sub- jects as determined by the Administrator. (B) Exercises The Administrator shall require each Re- gional Administrator to participate as ap- propriate in regional and national exercises. (d) Area offices (1) In general There is an Area Office for the Pacific and an Area Office for the Caribbean, as compo- nents in the appropriate Regional Offices. (2) Alaska The Administrator shall establish an Area Office in Alaska, as a component in the appro- priate Regional Office. (e) Regional Advisory Council (1) Establishment Each Regional Administrator shall establish a Regional Advisory Council. (2) Nominations A State, local, or tribal government located within the geographic area served by the Re- gional Office may nominate officials, includ- ing Adjutants General and emergency man- agers, to serve as members of the Regional Ad- visory Council for that region. (3) Responsibilities Each Regional Advisory Council shall— (A) advise the Regional Administrator on emergency management issues specific to that region; (B) identify any geographic, demographic, or other characteristics peculiar to any State, local, or tribal government within the region that might make preparedness, pro- tection, response, recovery, or mitigation more complicated or difficult; and (C) advise the Regional Administrator of any weaknesses or deficiencies in prepared- ness, protection, response, recovery, and mitigation for any State, local, and tribal government within the region of which the Regional Advisory Council is aware. (f) Regional Office strike teams (1) In general In coordination with other relevant Federal agencies, each Regional Administrator shall oversee multi-agency strike teams authorized under section 5144 of title 42 that shall consist of— (A) a designated Federal coordinating offi- cer; (B) personnel trained in incident manage- ment; (C) public affairs, response and recovery, and communications support personnel; (D) a defense coordinating officer; (E) liaisons to other Federal agencies; (F) such other personnel as the Adminis- trator or Regional Administrator deter- mines appropriate; and (G) individuals from the agencies with pri- mary responsibility for each of the emer- gency support functions in the National Re- sponse Plan. (2) Other duties The duties of an individual assigned to a Re- gional Office strike team from another rel- evant agency when such individual is not func- tioning as a member of the strike team shall be consistent with the emergency prepared- ness activities of the agency that employs such individual. (3) Location of members The members of each Regional Office strike team, including representatives from agencies other than the Department, shall be based pri- marily within the region that corresponds to that strike team. (4) Coordination Each Regional Office strike team shall co- ordinate the training and exercises of that strike team with the State, local, and tribal governments and private sector and non- governmental entities which the strike team shall support when a natural disaster, act of terrorism, or other man-made disaster occurs. (5) Preparedness Each Regional Office strike team shall be trained as a unit on a regular basis and equipped and staffed to be well prepared to re- spond to natural disasters, acts of terrorism, and other man-made disasters, including cata- strophic incidents. (6) Authorities If the Administrator determines that statu- tory authority is inadequate for the prepared- ness and deployment of individuals in strike teams under this subsection, the Adminis- trator shall report to Congress regarding the additional statutory authorities that the Ad- ministrator determines are necessary. (Pub. L. 107–296, title V, § 507, as added Pub. L. 109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat. Page 165 TITLE 6—DOMESTIC SECURITY § 318 1401; amended Pub. L. 110–53, title IV, § 404, Aug. 3, 2007, 121 Stat. 303.) Editorial Notes PRIOR PROVISIONS A prior section 317, Pub. L. 107–296, title V, § 507, Nov. 25, 2002, 116 Stat. 2214, related to the role of the Federal Emergency Management Agency, prior to repeal by Pub. L. 109–295, title VI, § 611(4), Oct. 4. 2006, 120 Stat. 1395. AMENDMENTS 2007—Subsec. (c)(2)(I) to (K). Pub. L. 110–53 added sub- pars. (I) and (J) and redesignated former subpar. (I) as (K). 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. § 318. National Advisory Council (a) Establishment Not later than 60 days after October 4, 2006, the Secretary shall establish an advisory body under section 451(a) of this title to ensure effec- tive and ongoing coordination of Federal pre- paredness, protection, response, recovery, and mitigation for natural disasters, acts of ter- rorism, and other man-made disasters, to be known as the National Advisory Council. (b) Responsibilities (1) In general The National Advisory Council shall advise the Administrator on all aspects of emergency management. The National Advisory Council shall incorporate State, local, and tribal gov- ernment and private sector input in the devel- opment and revision of the national prepared- ness goal, the national preparedness system, the National Incident Management System, the National Response Plan, and other related plans and strategies. (2) Consultation on grants To ensure input from and coordination with State, local, and tribal governments and emer- gency response providers, the Administrator shall regularly consult and work with the Na- tional Advisory Council on the administration and assessment of grant programs adminis- tered by the Department, including with re- spect to the development of program guidance and the development and evaluation of risk- assessment methodologies, as appropriate. (c) Membership (1) In general The members of the National Advisory Council shall be appointed by the Adminis- trator, and shall, to the extent practicable, represent a geographic (including urban and rural) and substantive cross section of offi- cials, emergency managers, and emergency re- sponse providers from State, local, and tribal governments, the private sector, and non- governmental organizations, including as ap- propriate— (A) members selected from the emergency management field and emergency response providers, including fire service, law enforce- ment, hazardous materials response, emer- gency medical services, and emergency man- agement personnel, or organizations rep- resenting such individuals; (B) health scientists, emergency and inpa- tient medical providers, and public health professionals; (C) experts from Federal, State, local, and tribal governments, and the private sector, representing standards-setting and accred- iting organizations, including representa- tives from the voluntary consensus codes and standards development community, par- ticularly those with expertise in the emer- gency preparedness and response field; (D) State, local, and tribal government of- ficials with expertise in preparedness, pro- tection, response, recovery, and mitigation, including Adjutants General; (E) elected State, local, and tribal govern- ment executives; (F) experts in public and private sector in- frastructure protection, cybersecurity, and communications; (G) representatives of individuals with dis- abilities and other populations with special needs; and (H) such other individuals as the Adminis- trator determines to be appropriate. (2) Coordination with the Departments of Health and Human Services and Transpor- tation In the selection of members of the National Advisory Council who are health or emergency medical services professionals, the Adminis- trator shall work with the Secretary of Health and Human Services and the Secretary of Transportation. (3) Ex officio members The Administrator shall designate 1 or more officers of the Federal Government to serve as ex officio members of the National Advisory Council. (4) Terms of office (A) In general Except as provided in subparagraph (B), the term of office of each member of the Na- tional Advisory Council shall be 3 years. (B) Initial appointments Of the members initially appointed to the National Advisory Council— (i) one-third shall be appointed for a term of 1 year; and (ii) one-third shall be appointed for a term of 2 years. (d) RESPONSE Subcommittee (1) Establishment Not later than 30 days after December 16, 2016, the Administrator shall establish, as a subcommittee of the National Advisory Coun- cil, the Railroad Emergency Services Pre- paredness, Operational Needs, and Safety Evaluation Subcommittee (referred to in this subsection as the ‘‘RESPONSE Sub- committee’’).