6 Usc 313

6USC313.pdf

Rated Orders, Adjustments, Exceptions, or Appeals Under the Emergency Management Priorities and Allocations System (EMPAS)

6 USC 313

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6 USC 313: Federal Emergency Management Agency
Text contains those laws in effect on April 12, 2021
From Title 6-DOMESTIC SECURITY
CHAPTER 1-HOMELAND SECURITY ORGANIZATION
SUBCHAPTER V-NATIONAL EMERGENCY MANAGEMENT
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§313. Federal Emergency Management Agency
(a) In general
There is in the Department the Federal Emergency Management Agency, headed by an Administrator.
(b) Mission
(1) 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.
(2) Specific activities
In support of the primary mission of the Agency, the Administrator shall(A) 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;
(B) 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;
(C) 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;
(D) 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;
(E) 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;
(F) 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;
(G) 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; and
(H) 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.
(c) Administrator
(1) In general
The Administrator shall be appointed by the President, by and with the advice and consent of the Senate.
(2) Qualifications
The Administrator shall be appointed from among individuals who have(A) a demonstrated ability in and knowledge of emergency management and homeland security; and
(B) not less than 5 years of executive leadership and management experience in the public or private sector.

(3) Reporting
The Administrator shall report to the Secretary, without being required to report through any other official of the
Department.
(4) Principal advisor on emergency management
(A) 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.
(B) Advice and recommendations
(i) 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.
(ii) 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.
(iii) Recommendations to Congress
After informing the Secretary, the Administrator may make such recommendations to Congress relating to
emergency management as the Administrator considers appropriate.
(5) Cabinet status
(A) 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.
(B) Retention of authority
Nothing in this paragraph shall be construed as affecting the authority of the Secretary under this chapter.
(Pub. L. 107–296, title V, §503, as added Pub. L. 109–295, title VI, §611(11), Oct. 4, 2006, 120 Stat. 1396 .)
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This chapter, referred to in subsec. (c)(5)(B), was in the original "this Act", meaning Pub. L. 107–296,
Nov. 25, 2002, 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.

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A prior section 313, Pub. L. 107–296, title V, §503, Nov. 25, 2002, 116 Stat. 2213 ; Pub. L. 108–276, §3(c)
(3), July 21, 2004, 118 Stat. 853 ; Pub. L. 109–417, title III, §301(c)(2), Dec. 19, 2006, 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), Oct. 4, 2006, 120 Stat. 1395 .
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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
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 March 31, 2007."

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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.


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