6 Usc 313

Page 125

§ 313

TITLE 6—DOMESTIC SECURITY

(Pub. L. 107–296, title V, § 501, as added Pub. L.
109–295, title VI, § 611(10), Oct. 4, 2006, 120 Stat.
1395; amended Pub. L. 110–53, title IV, § 401(a),
title V, § 502(c)(1), Aug. 3, 2007, 121 Stat. 301, 311;
Pub. L. 114–328, div. A, title XIX, § 1913(b)(2), Dec.
23, 2016, 130 Stat. 2687.)
REFERENCES IN TEXT
Section 314(a)(6) of this title, referred to in par. (8),
was in the original ‘‘section 502(a)(6)’’ and was translated as meaning section 502 of Pub. L. 107–296 prior to
its redesignation as section 504 by Pub. L. 109–295,
§ 611(8), and not section 506 which was redesignated section 502 by Pub. L. 109–295, § 611(9), and is classified to
section 312 of this title, to reflect the probable intent
of Congress.
PRIOR PROVISIONS
A prior section 311, Pub. L. 107–296, title V, § 501, Nov.
25, 2002, 116 Stat. 2212, provided for an Under Secretary
for Emergency Preparedness and Response, prior to repeal by Pub. L. 109–295, title VI, § 611(2), Oct. 4, 2006, 120
Stat. 1395.
AMENDMENTS
2016—Par. (13). Pub. L. 114–328 substituted ‘‘101(13)(B)’’
for ‘‘101(11)(B)’’.
2007—Pars. (4) to (12). Pub. L. 110–53, § 401(a)(1)–(4),
added pars. (4) and (11) and redesignated former pars. (4)
to (10) as (5) to (10) and (12), respectively. Former par.
(11) redesignated (13).
Par. (13). Pub. L. 110–53, § 502(c)(1), substituted
‘‘101(11)(B)’’ for ‘‘101(10)(B)’’.
Pub. L. 110–53, § 401(a)(1), redesignated par. (11) as (13).
Par. (14). Pub. L. 110–53, § 401(a)(5)–(7), added par. (14).
CHANGE OF NAME
Any reference to the Administrator of the Federal
Emergency Management Agency in title VI of Pub. L.
109–295 or an amendment by title VI to be considered to
refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under
section 313 of this title.
INTERIM ACTIONS
Pub. L. 109–295, title VI, § 612(f)(1), Oct. 4, 2006, 120
Stat. 1411, provided that: ‘‘During the period beginning
on the date of enactment of this Act [Oct. 4, 2006] and
ending on March 31, 2007, the Secretary [of Homeland
Security], the Under Secretary for Preparedness, and
the Director of the Federal Emergency Management
Agency shall take such actions as are necessary to provide for the orderly implementation of any amendment
under this subtitle [subtitle A (§§ 611–614) of title VI of
Pub. L. 109–295, see Tables for classification] that takes
effect on March 31, 2007.’’

§ 312. Definition
In this subchapter, 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.

(Pub. L. 107–296, title V, § 502, formerly § 506, Nov.
25, 2002, 116 Stat. 2214; renumbered § 502, Pub. L.
109–295, title VI, § 611(9), Oct. 4, 2006, 120 Stat.
1395.)
CODIFICATION
Section was formerly classified to section 316 of this
title prior to renumbering by Pub. L. 109–295.
PRIOR PROVISIONS
A prior section 502 of Pub. L. 107–296 was renumbered
section 504 and is classified to section 314 of this title.

§ 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 manmade 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 manmade 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 manmade 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

§ 314

TITLE 6—DOMESTIC SECURITY

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 manmade 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

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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.)
REFERENCES IN TEXT
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.
PRIOR PROVISIONS
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.
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 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.’’
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 leadership necessary to prepare for, protect against,
respond to, recover from, or mitigate against a
natural disaster, act of terrorism, or other manmade disaster, including—
(1) helping to ensure the effectiveness of
emergency response providers to terrorist attacks, major disasters, and other emergencies;