Title 6 — Domestic Security
Chapter 1 — Homeland Security Organization
§ 313. Federal Emergency Management Agency
Statutory text
In general
There is in the Department the Federal Emergency Management Agency, headed by an Administrator.
Mission
Primary mission
The primary mission of the Agency is to reduce the loss of life and property and protect the Nation from all hazards, including natural disasters, acts of terrorism, and other man-made disasters, by leading and supporting the Nation in a risk-based, comprehensive emergency management system of preparedness, protection, response, recovery, and mitigation.
Specific activities
In support of the primary mission of the Agency, the Administrator shall—
lead the Nation’s efforts to prepare for, protect against, respond to, recover from, and mitigate against the risk of natural disasters, acts of terrorism, and other man-made disasters, including catastrophic incidents;
partner with State, local, and tribal governments and emergency response providers, with other Federal agencies, with the private sector, and with nongovernmental organizations to build a national system of emergency management that can effectively and efficiently utilize the full measure of the Nation’s resources to respond to natural disasters, acts of terrorism, and other man-made disasters, including catastrophic incidents;
develop a Federal response capability that, when necessary and appropriate, can act effectively and rapidly to deliver assistance essential to saving lives or protecting or preserving property or public health and safety in a natural disaster, act of terrorism, or other man-made disaster;
integrate the Agency’s emergency preparedness, protection, response, recovery, and mitigation responsibilities to confront effectively the challenges of a natural disaster, act of terrorism, or other man-made disaster;
develop and maintain robust Regional Offices that will work with State, local, and tribal governments, emergency response providers, and other appropriate entities to identify and address regional priorities;
under the leadership of the Secretary, coordinate with the Commandant of the Coast Guard, the Director of Customs and Border Protection, the Director of Immigration and Customs Enforcement, the National Operations Center, and other agencies and offices in the Department to take full advantage of the substantial range of resources in the Department;
provide funding, training, exercises, technical assistance, planning, and other assistance to build tribal, local, State, regional, and national capabilities (including communications capabilities), necessary to respond to a natural disaster, act of terrorism, or other man-made disaster;
develop and coordinate the implementation of a risk-based, all-hazards strategy for preparedness that builds those common capabilities necessary to respond to natural disasters, acts of terrorism, and other man-made disasters while also building the unique capabilities necessary to respond to specific types of incidents that pose the greatest risk to our Nation; and
identify, integrate, and implement the needs of children, including children within under-served communities, into activities to prepare for, protect against, respond to, recover from, and mitigate against the risk of natural disasters, acts of terrorism, and other disasters, including catastrophic incidents, including by appointing a technical expert, who may consult with relevant outside organizations and experts, as necessary, to coordinate such integration, as necessary.
Administrator
In general
The Administrator shall be appointed by the President, by and with the advice and consent of the Senate.
Qualifications
The Administrator shall be appointed from among individuals who have—
a demonstrated ability in and knowledge of emergency management and homeland security; and
not less than 5 years of executive leadership and management experience in the public or private sector.
Reporting
The Administrator shall report to the Secretary, without being required to report through any other official of the Department.
Principal advisor on emergency management
In general
The Administrator is the principal advisor to the President, the Homeland Security Council, and the Secretary for all matters relating to emergency management in the United States.
Advice and recommendations
In general
In presenting advice with respect to any matter to the President, the Homeland Security Council, or the Secretary, the Administrator shall, as the Administrator considers appropriate, inform the President, the Homeland Security Council, or the Secretary, as the case may be, of the range of emergency preparedness, protection, response, recovery, and mitigation options with respect to that matter.
Advice on request
The Administrator, as the principal advisor on emergency management, shall provide advice to the President, the Homeland Security Council, or the Secretary on a particular matter when the President, the Homeland Security Council, or the Secretary requests such advice.
Recommendations to Congress
After informing the Secretary, the Administrator may make such recommendations to Congress relating to emergency management as the Administrator considers appropriate.
Cabinet status
In general
The President may designate the Administrator to serve as a member of the Cabinet in the event of natural disasters, acts of terrorism, or other man-made disasters.
Retention of authority
Nothing in this paragraph shall be construed as affecting the authority of the Secretary under this chapter.
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.
Homeland Security Act of 2002
Pub. L. 107–296 title V § 503 · 116 Stat. 2135
Enacted · 6 U.S.C. § 313
Pub. L. 107–296, title V, § 503, as added Pub. L. 109–295, title VI, § 611(11), Oct. 4, 2006, 120 Stat. 1396
Source evidence
Code source credit
Pub. L. 107–296, title V, § 503, as added Pub. L. 109–295, title VI, § 611(11), Oct. 4, 2006, 120 Stat. 1396Enacted provision · exact public law section
SEC. 503. FUNCTIONS TRANSFERRED. In accordance with title XV, there shall be transferred to the Secretary the functions, personnel, assets, and liabilities of the following entities: (1) The Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto. (2) The Integrated Hazard Information System of the National Oceanic and Atmospheric Administration, which shall be renamed “FIRESAT”. (3) The National Domestic Preparedness Office of the Federal Bureau of Investigation, including the functions of the Attorney General relating thereto. (4) The Domestic Emergency Support Teams of the Department of Justice, including the functions of the Attorney General relating thereto. (5) The Office of Emergency Preparedness, the National Disaster Medical System, and the Metropolitan Medical Response System of the Department of Health and Human Services, including the functions of the Secretary of Health and Human Services and the Assistant Secretary for Public Health Emergency Preparedness relating thereto. (6) The Strategic National Stockpile of the Department of Health and Human Services, including the functions of the Secretary of Health and Human Services relating thereto.Homeland Security for Children Act
Pub. L. 117–130 § 3 · 136 Stat. 1229
Added · 6 U.S.C. § 313(b)(2)(I)
Pub. L. 117–130 added subpar. (I)
Source evidence
Code amendment note
Subsec. (b)(2)(I). Pub. L. 117–130 added subpar. (I).Enacted provision · exact public law section
SEC. 3. TECHNICAL EXPERT AUTHORIZED. Paragraph (2) of section 503(b) of the Homeland Security Act (6 U.S.C. 313(b)) is amended— (1) in subparagraph (G), by striking “and” at the end; (2) in subparagraph (H), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following new subparagraph: “(I) identify, integrate, and implement the needs of children, including children within under-served communities, into activities to prepare for, protect against, respond to, recover from, and mitigate against the risk of natural disasters, acts of terrorism, and other disasters, including catastrophic incidents, including by appointing a technical expert, who may consult with relevant outside organizations and experts, as necessary, to coordinate such integration, as necessary.” .
2 of 2 references resolved to an enrolled provision
Editorial Notes
References in Text
This chapter, referred to in subsec. (c)(5)(B), was in the original “this Act”, meaning Pub. L. 107–296, , 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables.
Prior Provisions
A prior section 313, Pub. L. 107–296, title V, § 503, , 116 Stat. 2213; Pub. L. 108–276, § 3(c)(3), , 118 Stat. 853; Pub. L. 109–417, title III, § 301(c)(2), , 120 Stat. 2854, related to the transfer of certain functions to the Secretary of Homeland Security, prior to repeal by Pub. L. 109–295, title VI, § 611(3), , 120 Stat. 1395.
Amendments
2022—Subsec. (b)(2)(I). Pub. L. 117–130 added subpar. (I).
Statutory Notes and Related Subsidiaries
Change of Name
Pub. L. 109–295, title VI, § 612(c), , 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), , 120 Stat. 1411, provided that: “Any reference to the Administrator of the Federal Emergency Management Agency in this title [see Tables for classification] or an amendment by this title shall be considered to refer and apply to the Director of the Federal Emergency Management Agency until .”
Effective Date
Section effective , see section 614(b)(1) of Pub. L. 109–295, set out as a note under section 701 of this title.
Credits
2006–2022 · 2 acts
- 2006Pub. L. 107–296, title V, § 503, as added Pub. L. 109–295, title VI, § 611(11), , 120 Stat. 1396
- 2022amended Pub. L. 117–130, § 3, , 136 Stat. 1229.
Show as published
(Pub. L. 107–296, title V, § 503, as added Pub. L. 109–295, title VI, § 611(11), , 120 Stat. 1396; amended Pub. L. 117–130, § 3, , 136 Stat. 1229.)