§ 238. Office for Domestic Preparedness

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2002

   Homeland Security Act of 2002

   Pub. L. 107–296 title IV § 430 · 116 Stat. 2135

   Enacted · 6 U.S.C. § 238

   Pub. L. 107–296, title IV, § 430, Nov. 25, 2002, 116 Stat. 2191

   Source evidence

   Code source credit
   Pub. L. 107–296, title IV, § 430, Nov. 25, 2002, 116 Stat. 2191

   Enacted provision · exact public law section
   SEC. 430. OFFICE FOR DOMESTIC PREPAREDNESS. (a) In General.— The Office for Domestic Preparedness shall be within the Directorate of Border and Transportation Security. (b) Director.— There shall be a Director of the Office for Domestic Preparedness, who shall be appointed by the President, by and with the advice and consent of the Senate. The Director of the Office for Domestic Preparedness shall report directly to the Under Secretary for Border and Transportation Security. (c) Responsibilities.— The Office for Domestic Preparedness shall have the primary responsibility within the executive branch of Government for the preparedness of the United States for acts of terrorism, including— (1) coordinating preparedness efforts at the Federal level, and working with all State, local, tribal, parish, and private sector emergency response providers on all matters pertaining to combating terrorism, including training, exercises, and equipment support; (2) coordinating or, as appropriate, consolidating communications and systems of communications relating to homeland security at all levels of government; (3) directing and supervising terrorism preparedness grant programs of the Federal Government (other than those programs administered by the Department of Health and Human Services) for all emergency response providers; (4) incorporating the Strategy priorities into planning guidance on an agency level for the preparedness efforts of the Office for Domestic Preparedness; (5) providing agency-specific training for agents and analysts within the Department, other agencies, and State and local agencies and international entities; (6) as the lead executive branch agency for preparedness of the United States for acts of terrorism, cooperating closely with the Federal Emergency Management Agency, which shall have the primary responsibility within the executive branch to prepare for and mitigate the effects of nonterrorist-related disasters in the United States; (7) assisting and supporting the Secretary, in coordination with other Directorates and entities outside the Department, in conducting appropriate risk analysis and risk management activities of State, local, and tribal governments consistent with the mission and functions of the Directorate; and (8) those elements of the Office of National Preparedness of the Federal Emergency Management Agency which relate to terrorism, which shall be consolidated within the Department in the Office for Domestic Preparedness established under this section. (d) Fiscal Years 2003 and 2004.— During fiscal year 2003 and fiscal year 2004, the Director of the Office for Domestic Preparedness established under this section shall manage and carry out those functions of the Office for Domestic Preparedness of the Department of Justice (transferred under this section) before September 11, 2001, under the same terms, conditions, policies, and authorities, and with the required level of personnel, assets, and budget before September 11, 2001.

2. 2004

   9/11 Commission Implementation Act of 2004

   Pub. L. 108–458 title VII § 7303(h)(2) · 118 Stat. 3638

   Added · 6 U.S.C. § 238(c)(9)

   Pub. L. 108–458 added par. (9)

   Source evidence

   Code amendment note
   Subsec. (c)(9). Pub. L. 108–458 added par. (9).

   Enacted provision · exact public law section
   (2) Office for domestic preparedness.— Section 430(c) of such Act (6 U.S.C. 238(c)) is amended— (A) in paragraph (7) by striking “and” after the semicolon; (B) in paragraph (8) by striking the period and inserting “; and”; and (C) by adding at the end the following: “(9) helping to ensure the acquisition of interoperable communication technology by State and local governments and emergency response providers.” .

3. 2012

   Presidential Appointment Efficiency and Streamlining Act of 2011

   Pub. L. 112–166 § 2(f)(1) · 126 Stat. 1283

   Struck · 6 U.S.C. § 238(b)

   Pub. L. 112–166 struck out “, by and with the advice and consent of the Senate” before period at end of first sentence

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 112–166 struck out “, by and with the advice and consent of the Senate” before period at end of first sentence.

   Enacted provision · exact public law section
   (1) Director of the office for domestic preparedness; assistant administrator of the federal emergency management agency, grant programs.— Section 430(b) of the Homeland Security Act of 2002 (6 U.S.C. 238(b)) is amended by striking “, by and with the advice and consent of the Senate”.

   Effective date note
   Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of this title.

4. 2016

   U.S. Customs and Border Protection Authorization Act

   Pub. L. 114–125 § 802(g)(1)(B)(iv)(II)(aa) · 130 Stat. 122

   Amended · 6 U.S.C. § 238(a)

   Pub. L. 114–125, § 802(g)(1)(B)(iv)(II)(aa), amended subsec. (a) generally. Prior to amendment, text read as follows: “The Office for Domestic Preparedness shall be within the Directorate of Border and Transportation Security.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 114–125, § 802(g)(1)(B)(iv)(II)(aa), amended subsec. (a) generally. Prior to amendment, text read as follows: “The Office for Domestic Preparedness shall be within the Directorate of Border and Transportation Security.”

   Enacted provision · exact public law section
   (aa) by amending subsection (a) to read as follows: “(a) Establishment.— There is established in the Department an Office for Domestic Preparedness.” ;

5. 2016

   U.S. Customs and Border Protection Authorization Act

   Pub. L. 114–125 § 802(g)(1)(B)(iv)(II)(bb) · 130 Stat. 122

   Struck · 6 U.S.C. § 238(b)

   Pub. L. 114–125, § 802(g)(1)(B)(iv)(II)(bb), struck out at end “The Director of the Office for Domestic Preparedness shall report directly to the Under Secretary for Border and Transportation Security.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 114–125, § 802(g)(1)(B)(iv)(II)(bb), struck out at end “The Director of the Office for Domestic Preparedness shall report directly to the Under Secretary for Border and Transportation Security.”

   Enacted provision · exact public law section
   (bb) in subsection (b), by striking the second sentence; and

6. 2016

   U.S. Customs and Border Protection Authorization Act

   Pub. L. 114–125 § 802(g)(1)(B)(iv)(II)(cc) · 130 Stat. 122

   Substituted · 6 U.S.C. § 238(c)(7)

   Pub. L. 114–125, § 802(g)(1)(B)(iv)(II)(cc), substituted “functions of the Department” for “functions of the Directorate”

   Source evidence

   Code amendment note
   Subsec. (c)(7). Pub. L. 114–125, § 802(g)(1)(B)(iv)(II)(cc), substituted “functions of the Department” for “functions of the Directorate”.

   Enacted provision · exact public law section
   (cc) in subsection (c)(7), by striking “Directorate” and inserting “Department”; and

6 of 6 references resolved to an enrolled provision