§ 316. Preserving the Federal Emergency Management Agency

Statutory text

Distinct entity

The Agency shall be maintained as a distinct entity within the Department.

Reorganization

Section 452 of this title shall not apply to the Agency, including any function or organizational unit of the Agency.

Prohibition on changes to missions

In general

The Secretary may not substantially or significantly 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, authorities, responsibilities,1 except as otherwise specifically provided in an Act enacted after October 4, 2006.

Certain transfers prohibited

No asset, function, or mission of the Agency may be diverted to the principal and continuing 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 Agency to perform its missions.

Reprogramming and transfer of funds

In reprogramming or transferring funds, the Secretary shall comply with any applicable provisions of any Act making appropriations for the Department for fiscal year 2007, or any succeeding fiscal year, relating to the reprogramming or transfer of funds.

Footnotes

1 So in original. Probably should be “authorities, responsibilities, or functions”.

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.

2006
Homeland Security Act of 2002
Pub. L. 107–296 title V § 506 · 116 Stat. 2135
Enacted · 6 U.S.C. § 316
Pub. L. 107–296, title V, § 506, as added Pub. L. 109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat. 1400
Source evidence
Code source credit
Pub. L. 107–296, title V, § 506, as added Pub. L. 109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat. 1400
Enacted provision · exact public law section
SEC. 506. DEFINITION. In this title, the term “Nuclear Incident Response Team” means a resource that includes— (1) those entities of the Department of Energy that perform nuclear or radiological emergency support functions (including accident response, search response, advisory, and technical operations functions), radiation exposure functions at the medical assistance facility known as the Radiation Emergency Assistance Center/Training Site (REAC/TS), radiological assistance functions, and related functions; and (2) those entities of the Environmental Protection Agency that perform such support functions (including radiological emergency response functions) and related functions.
2016
National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 1901(d)(1)(A) · 130 Stat. 2000
Inserted · 6 U.S.C. § 316(c)(1)
Pub. L. 114–328, § 1901(d)(1)(A), inserted “, including through a Joint Task Force established under section 348 of this title, after “reduce”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 114–328, § 1901(d)(1)(A), inserted “, including through a Joint Task Force established under section 348 of this title, after “reduce”.
Enacted provision · exact public law section
(A) in paragraph (1), by inserting “, including through a Joint Task Force established under section 708,” after “reduce”; and
2016
National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 § 1901(d)(1)(B) · 130 Stat. 2000
Inserted · 6 U.S.C. § 316(c)(2)
Pub. L. 114–328, § 1901(d)(1)(B), inserted “including a Joint Task Force established under section 348 of this title,” after “Department,”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 114–328, § 1901(d)(1)(B), inserted “including a Joint Task Force established under section 348 of this title,” after “Department,”.
Enacted provision · exact public law section
(B) in paragraph (2), by inserting “including a Joint Task Force established under section 708,” after “Department,”; and

3 of 3 references resolved to an enrolled provision

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), inserted “, including through a Joint Task Force established 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 section 348 of this title,” after “Department,”.

Credits

2006–2016 · 2 acts

2006Pub. L. 107–296, title V, § 506, as added Pub. L. 109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat. 1400
2016amended Pub. L. 114–328, div. A, title XIX, § 1901(d)(1), Dec. 23, 2016, 130 Stat. 2670.

Show as published

(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.)