6 U.S.C. § 314 — Authority and responsibilities

Page 160 TITLE 6—DOMESTIC SECURITY § 314 Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410, provided that: ‘‘Any reference to the Director of the Federal Emergency Management Agency, in any law, rule, regulation, certificate, directive, instruction, or other official paper shall be considered to refer and apply to the Administrator of the Federal Emergency Management Agency.’’ Pub. L. 109–295, title VI, § 612(f)(2), Oct. 4, 2006, 120 Stat. 1411, provided that: ‘‘Any reference to the Admin- istrator of the Federal Emergency Management Agency in this title [see Tables for classification] or an amend- ment by this title shall be considered to refer and apply to the Director of the Federal Emergency Management Agency until March 31, 2007.’’ EFFECTIVE DATE Section effective Mar. 31, 2007, see section 614(b)(1) of Pub. L. 109–295, set out as a note under section 701 of this title. § 314. Authority and responsibilities (a) In general The Administrator shall provide Federal lead- ership necessary to prepare for, protect against, respond to, recover from, or mitigate against a natural disaster, act of terrorism, or other man- made disaster, including— (1) helping to ensure the effectiveness of emergency response providers to terrorist at- tacks, major disasters, and other emergencies; (2) with respect to the Nuclear Incident Re- sponse Team (regardless of whether it is oper- ating as an organizational unit of the Depart- ment pursuant to this subchapter)— (A) establishing standards and certifying when those standards have been met; (B) conducting joint and other exercises and training and evaluating performance; and (C) providing funds to the Department of Energy and the Environmental Protection Agency, as appropriate, for homeland secu- rity planning, exercises and training, and equipment; (3) providing the Federal Government’s re- sponse to terrorist attacks and major disas- ters, including— (A) managing such response; (B) directing the Domestic Emergency Support Team and (when operating as an or- ganizational unit of the Department pursu- ant to this subchapter) the Nuclear Incident Response Team; (C) overseeing the Metropolitan Medical Response System; and (D) coordinating other Federal response resources, including requiring deployment of the Strategic National Stockpile, in the event of a terrorist attack or major disaster; (4) aiding the recovery from terrorist at- tacks and major disasters; (5) building a comprehensive national inci- dent management system with Federal, State, and local government personnel, agencies, and authorities, to respond to such attacks and disasters; (6) consolidating existing Federal Govern- ment emergency response plans into a single, coordinated national response plan; (7) helping ensure the acquisition of operable and interoperable communications capabili- ties by Federal, State, local, and tribal gov- ernments and emergency response providers; (8) assisting the President in carrying out the functions under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and carrying out all functions and authorities given to the Admin- istrator under that Act; (9) carrying out the mission of the Agency to reduce the loss of life and property and protect the Nation from all hazards by leading and supporting the Nation in a risk-based, com- prehensive emergency management system of— (A) mitigation, by taking sustained ac- tions to reduce or eliminate long-term risks to people and property from hazards and their effects; (B) preparedness, by planning, training, and building the emergency management profession to prepare effectively for, miti- gate against, respond to, and recover from any hazard; (C) response, by conducting emergency op- erations to save lives and property through positioning emergency equipment, per- sonnel, and supplies, through evacuating po- tential victims, through providing food, water, shelter, and medical care to those in need, and through restoring critical public services; and (D) recovery, by rebuilding communities so individuals, businesses, and governments can function on their own, return to normal life, and protect against future hazards; (10) increasing efficiencies, by coordinating efforts relating to preparedness, protection, response, recovery, and mitigation; (11) helping to ensure the effectiveness of emergency response providers in responding to a natural disaster, act of terrorism, or other man-made disaster; (12) supervising grant programs adminis- tered by the Agency; (13) administering and ensuring the imple- mentation of the National Response Plan, in- cluding coordinating and ensuring the readi- ness of each emergency support function under the National Response Plan; (14) coordinating with the National Advisory Council established under section 318 of this title; (15) preparing and implementing the plans and programs of the Federal Government for— (A) continuity of operations; (B) continuity of government; and (C) continuity of plans; (16) minimizing, to the extent practicable, overlapping planning and reporting require- ments applicable to State, local, and tribal governments and the private sector; (17) maintaining and operating within the Agency the National Response Coordination Center or its successor; (18) developing a national emergency man- agement system that is capable of preparing for, protecting against, responding to, recov- ering from, and mitigating against cata- strophic incidents; Page 161 TITLE 6—DOMESTIC SECURITY § 314 (19) assisting the President in carrying out the functions under the national preparedness goal and the national preparedness system and carrying out all functions and authorities of the Administrator under the national pre- paredness System; (20) carrying out all authorities of the Fed- eral Emergency Management Agency and the Directorate of Preparedness of the Depart- ment as transferred under section 315 of this title; and (21) otherwise carrying out the mission of the Agency as described in section 313(b) of this title. (b) All-hazards approach In carrying out the responsibilities under this section, the Administrator shall coordinate the implementation of a risk-based, all-hazards strategy that builds those common capabilities necessary to prepare for, protect against, re- spond to, recover from, or mitigate against nat- ural disasters, acts of terrorism, and other man- made disasters, while also building the unique capabilities necessary to prepare for, protect against, respond to, recover from, or mitigate against the risks of specific types of incidents that pose the greatest risk to the Nation. (Pub. L. 107–296, title V, § 504, formerly § 502, Nov. 25, 2002, 116 Stat. 2212; Pub. L. 108–276, § 3(b)(1), July 21, 2004, 118 Stat. 852; Pub. L. 108–458, title VII, § 7303(h)(1), Dec. 17, 2004, 118 Stat. 3846; re- numbered § 504 and amended Pub. L. 109–295, title VI, § 611(8), (12), Oct. 4, 2006, 120 Stat. 1395, 1398; Pub. L. 109–417, title III, § 301(c)(1), Dec. 19, 2006, 120 Stat. 2854.) Editorial Notes REFERENCES IN TEXT The Robert T. Stafford Disaster Relief and Emer- gency Assistance Act, referred to in subsec. (a)(8), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classi- fied principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables. CODIFICATION Section was formerly classified to section 312 of this title prior to renumbering by Pub. L. 109–295. PRIOR PROVISIONS A prior section 504 of Pub. L. 107–296 was renumbered section 517 and is classified to section 321f of this title. AMENDMENTS 2006—Pub. L. 109–295, § 611(12)(A), (B), inserted ‘‘Au- thority and’’ before ‘‘responsibilities’’ in section catch- line, designated existing provisions as subsec. (a), in- serted subsec. heading, and substituted ‘‘The Adminis- trator shall provide Federal leadership necessary to prepare for, protect against, respond to, recover from, or mitigate against a natural disaster, act of terrorism, or other man-made disaster, including—’’ for ‘‘The Sec- retary, acting through the Under Secretary for Emer- gency Preparedness and Response, shall include—’’ in introductory provisions. Subsec. (a)(3)(B). Pub. L. 109–417, which directed that section 502(3)(B) of Pub. L. 107–296 be amended by strik- ing ‘‘, the National Disaster Medical System,’’, was ex- ecuted by striking those words after ‘‘Domestic Emer- gency Support Team’’ in subsec. (a)(3)(B) of this sec- tion, to reflect the probable intent of Congress and the redesignation of section 502(3)(B) as 504(a)(3)(B) by Pub. L. 109–295, § 611(8), (12)(B). See credits and Amendment note above. Subsec. (a)(7) to (21). Pub. L. 109–295, § 611(12)(C), (D), added pars. (7) to (21) and struck out former par. (7) which read as follows: ‘‘helping to ensure that emer- gency response providers acquire interoperable commu- nications technology.’’ Subsec. (b). Pub. L. 109–295, § 611(12)(D), added subsec. (b). 2004—Par. (3)(B). Pub. L. 108–276, § 3(b)(1)(A), struck out ‘‘the Strategic National Stockpile,’’ after ‘‘Domes- tic Emergency Support Team,’’. Par. (3)(D). Pub. L. 108–276, § 3(b)(1)(B), inserted ‘‘, including requiring deployment of the Strategic Na- tional Stockpile,’’ after ‘‘resources’’. Par. (7). Pub. L. 108–458 struck out ‘‘developing com- prehensive programs for developing interoperative communications technology, and’’ before ‘‘helping’’ and substituted ‘‘acquire interoperable communica- tions technology’’ for ‘‘acquire such technology’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–417, title III, § 301(f), Dec. 19, 2006, 120 Stat. 2855, provided that: ‘‘The amendments made by sub- sections (b) and (c) [amending this section and former section 313 of this title and enacting provisions set out as a note under section 300hh–11 of Title 42, The Public Health and Welfare] shall take effect on January 1, 2007.’’ Amendment by section 611(12) of Pub. L. 109–295 effec- tive Mar. 31, 2007, see section 614(b)(2) of Pub. L. 109–295, set out as an Effective Date note under section 701 of this title. Executive Documents EX. ORD. NO. 13347. INDIVIDUALS WITH DISABILITIES IN EMERGENCY PREPAREDNESS Ex. Ord. No. 13347, July 22, 2004, 69 F.R. 44573, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and to strengthen emergency preparedness with respect to individuals with disabilities, it is here- by ordered as follows: SECTION 1. Policy. To ensure that the Federal Govern- ment appropriately supports safety and security for in- dividuals with disabilities in situations involving disas- ters, including earthquakes, tornadoes, fires, floods, hurricanes, and acts of terrorism, it shall be the policy of the United States that executive departments and agencies of the Federal Government (agencies): (a) consider, in their emergency preparedness plan- ning, the unique needs of agency employees with dis- abilities and individuals with disabilities whom the agency serves; (b) encourage, including through the provision of technical assistance, as appropriate, consideration of the unique needs of employees and individuals with dis- abilities served by State, local, and tribal governments and private organizations and individuals in emergency preparedness planning; and (c) facilitate cooperation among Federal, State, local, and tribal governments and private organizations and individuals in the implementation of emergency pre- paredness plans as they relate to individuals with dis- abilities. SEC. 2. Establishment of Council. (a) There is hereby es- tablished, within the Department of Homeland Secu- rity for administrative purposes, the Interagency Co- ordinating Council on Emergency Preparedness and In- dividuals with Disabilities (the ‘‘Council’’). The Council shall consist exclusively of the following members or their designees: (i) the heads of executive departments, the Admin- istrator of the Environmental Protection Agency, the 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-