6 U.s.c. 317

§ 316

TITLE 6—DOMESTIC SECURITY

(1) The Office of Infrastructure Protection.
(2) The National Communications System.
(3) The National Cybersecurity Division.
(4) The Office of the Chief Medical Officer.
(5) The functions, personnel, assets, components, authorities, and liabilities of each component described under paragraphs (1) through
(4).
(Pub. L. 107–296, title V, § 505, as added Pub. L.
109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat.
1400.)
PRIOR PROVISIONS
A prior section 505 of Pub. L. 107–296 was renumbered
section 518 and is classified to section 321g of this title.
EFFECTIVE DATE
Section effective Mar. 31, 2007, see section 614(b)(3) of
Pub. L. 109–295, set out as a note under section 701 of
this title.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
sections 551(d), 552(d), and 557 of this title and the Department of Homeland Security Reorganization Plan of
November 25, 2002, as modified, set out as a note under
section 542 of this title.

§ 316. Preserving the Federal Emergency Management Agency
(a) Distinct entity
The Agency shall be maintained as a distinct
entity within the Department.
(b) Reorganization
Section 452 of this title shall not apply to the
Agency, including any function or organizational unit of the Agency.
(c) Prohibition on changes to missions
(1) In general
The Secretary may not substantially or significantly reduce the authorities, responsibilities, or functions of the Agency or the capability of the Agency to perform those missions, authorities, responsibilities, except as
otherwise specifically provided in an Act enacted after October 4, 2006.
(2) 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, except for details or
assignments that do not reduce the capability
of the Agency to perform its missions.
(d) 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.
(Pub. L. 107–296, title V, § 506, as added Pub. L.
109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat.
1400.)

Page 98
PRIOR PROVISIONS

A prior section 506 of Pub. L. 107–296 was renumbered
section 502 and is classified to section 312 of this title.

§ 317. Regional offices
(a) In general
There are in the Agency 10 regional offices, as
identified by the Administrator.
(b) Management of regional offices
(1) Regional Administrator
Each Regional Office shall be headed by a
Regional Administrator who shall be appointed by the Administrator, after consulting
with State, local, and tribal government officials in the region. Each Regional Administrator shall report directly to the Administrator and be in the Senior Executive Service.
(2) Qualifications
(A) In general
Each Regional Administrator shall be appointed from among individuals who have a
demonstrated ability in and knowledge of
emergency management and homeland security.
(B) Considerations
In selecting a Regional Administrator for
a Regional Office, the Administrator shall
consider the familiarity of an individual
with the geographical area and demographic
characteristics of the population served by
such Regional Office.
(c) Responsibilities
(1) In general
The Regional Administrator shall work in
partnership with State, local, and tribal governments, emergency managers, emergency
response providers, medical providers, the private sector, nongovernmental organizations,
multijurisdictional councils of governments,
and regional planning commissions and organizations in the geographical area served by
the Regional Office to carry out the responsibilities of a Regional Administrator under
this section.
(2) Responsibilities
The responsibilities of a Regional Administrator include—
(A) ensuring effective, coordinated, and integrated regional preparedness, protection,
response, recovery, and mitigation activities
and programs for natural disasters, acts of
terrorism, and other man-made disasters (including planning, training, exercises, and
professional development);
(B) assisting in the development of regional capabilities needed for a national catastrophic response system;
(C) coordinating the establishment of effective regional operable and interoperable
emergency communications capabilities;
(D) staffing and overseeing 1 or more
strike teams within the region under subsection (f), to serve as the focal point of the
Federal Government’s initial response efforts for natural disasters, acts of terrorism,
and other man-made disasters within that

Page 99

TITLE 6—DOMESTIC SECURITY

region, and otherwise building Federal response capabilities to respond to natural disasters, acts of terrorism, and other manmade disasters within that region;
(E) designating an individual responsible
for the development of strategic and operational regional plans in support of the National Response Plan;
(F) fostering the development of mutual
aid and other cooperative agreements;
(G) identifying critical gaps in regional capabilities to respond to populations with
special needs;
(H) maintaining and operating a Regional
Response Coordination Center or its successor;
(I) coordinating with the private sector to
help ensure private sector preparedness for
natural disasters, acts of terrorism, and
other man-made disasters;
(J) assisting State, local, and tribal governments, where appropriate, to preidentify
and evaluate suitable sites where a multijurisdictional incident command system
may quickly be established and operated
from, if the need for such a system arises;
and
(K) performing such other duties relating
to such responsibilities as the Administrator
may require.
(3) Training and exercise requirements
(A) Training
The Administrator shall require each Regional Administrator to undergo specific
training periodically to complement the
qualifications of the Regional Administrator. Such training, as appropriate, shall
include training with respect to the National Incident Management System, the
National Response Plan, and such other subjects as determined by the Administrator.
(B) Exercises
The Administrator shall require each Regional Administrator to participate as appropriate in regional and national exercises.
(d) Area offices
(1) In general
There is an Area Office for the Pacific and
an Area Office for the Caribbean, as components in the appropriate Regional Offices.
(2) Alaska
The Administrator shall establish an Area
Office in Alaska, as a component in the appropriate Regional Office.
(e) Regional Advisory Council
(1) Establishment
Each Regional Administrator shall establish
a Regional Advisory Council.
(2) Nominations
A State, local, or tribal government located
within the geographic area served by the Regional Office may nominate officials, including Adjutants General and emergency managers, to serve as members of the Regional Advisory Council for that region.
(3) Responsibilities
Each Regional Advisory Council shall—

§ 317

(A) advise the Regional Administrator on
emergency management issues specific to
that region;
(B) identify any geographic, demographic,
or other characteristics peculiar to any
State, local, or tribal government within the
region that might make preparedness, protection, response, recovery, or mitigation
more complicated or difficult; and
(C) advise the Regional Administrator of
any weaknesses or deficiencies in preparedness, protection, response, recovery, and
mitigation for any State, local, and tribal
government within the region of which the
Regional Advisory Council is aware.
(f) Regional Office strike teams
(1) In general
In coordination with other relevant Federal
agencies, each Regional Administrator shall
oversee multi-agency strike teams authorized
under section 5144 of title 42 that shall consist
of—
(A) a designated Federal coordinating officer;
(B) personnel trained in incident management;
(C) public affairs, response and recovery,
and communications support personnel;
(D) a defense coordinating officer;
(E) liaisons to other Federal agencies;
(F) such other personnel as the Administrator or Regional Administrator determines appropriate; and
(G) individuals from the agencies with primary responsibility for each of the emergency support functions in the National Response Plan.
(2) Other duties
The duties of an individual assigned to a Regional Office strike team from another relevant agency when such individual is not functioning as a member of the strike team shall
be consistent with the emergency preparedness activities of the agency that employs
such individual.
(3) Location of members
The members of each Regional Office strike
team, including representatives from agencies
other than the Department, shall be based primarily within the region that corresponds to
that strike team.
(4) Coordination
Each Regional Office strike team shall coordinate the training and exercises of that
strike team with the State, local, and tribal
governments and private sector and nongovernmental entities which the strike team
shall support when a natural disaster, act of
terrorism, or other man-made disaster occurs.
(5) Preparedness
Each Regional Office strike team shall be
trained as a unit on a regular basis and
equipped and staffed to be well prepared to respond to natural disasters, acts of terrorism,
and other man-made disasters, including catastrophic incidents.
(6) Authorities
If the Administrator determines that statutory authority is inadequate for the prepared-

§ 318

TITLE 6—DOMESTIC SECURITY

ness and deployment of individuals in strike
teams under this subsection, the Administrator shall report to Congress regarding the
additional statutory authorities that the Administrator determines are necessary.
(Pub. L. 107–296, title V, § 507, as added Pub. L.
109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat.
1401; amended Pub. L. 110–53, title IV, § 404, Aug.
3, 2007, 121 Stat. 303.)
PRIOR PROVISIONS
A prior section 317, Pub. L. 107–296, title V, § 507, Nov.
25, 2002, 116 Stat. 2214, related to the role of the Federal
Emergency Management Agency, prior to repeal by
Pub. L. 109–295, title VI, § 611(4), Oct. 4. 2006, 120 Stat.
1395.
AMENDMENTS
2007—Subsec. (c)(2)(I) to (K). Pub. L. 110–53 added subpars. (I) and (J) and redesignated former subpar. (I) as
(K).
EFFECTIVE DATE
Section effective Mar. 31, 2007, see section 614(b)(3) of
Pub. L. 109–295, set out as a note under section 701 of
this title.

§ 318. National Advisory Council
(a) Establishment
Not later than 60 days after October 4, 2006,
the Secretary shall establish an advisory body
under section 451(a) of this title to ensure effective and ongoing coordination of Federal preparedness, protection, response, recovery, and
mitigation for natural disasters, acts of terrorism, and other man-made disasters, to be known
as the National Advisory Council.
(b) Responsibilities
(1) In general
The National Advisory Council shall advise
the Administrator on all aspects of emergency
management. The National Advisory Council
shall incorporate State, local, and tribal government and private sector input in the development and revision of the national preparedness goal, the national preparedness system,
the National Incident Management System,
the National Response Plan, and other related
plans and strategies.
(2) Consultation on grants
To ensure input from and coordination with
State, local, and tribal governments and emergency response providers, the Administrator
shall regularly consult and work with the National Advisory Council on the administration
and assessment of grant programs administered by the Department, including with respect to the development of program guidance
and the development and evaluation of riskassessment methodologies, as appropriate.
(c) Membership
(1) In general
The members of the National Advisory
Council shall be appointed by the Administrator, and shall, to the extent practicable,
represent a geographic (including urban and
rural) and substantive cross section of officials, emergency managers, and emergency re-

Page 100

sponse providers from State, local, and tribal
governments, the private sector, and nongovernmental organizations, including as appropriate—
(A) members selected from the emergency
management field and emergency response
providers, including fire service, law enforcement, hazardous materials response, emergency medical services, and emergency management personnel, or organizations representing such individuals;
(B) health scientists, emergency and inpatient medical providers, and public health
professionals;
(C) experts from Federal, State, local, and
tribal governments, and the private sector,
representing standards-setting and accrediting organizations, including representatives
from the voluntary consensus codes and
standards development community, particularly those with expertise in the emergency
preparedness and response field;
(D) State, local, and tribal government officials with expertise in preparedness, protection, response, recovery, and mitigation,
including Adjutants General;
(E) elected State, local, and tribal government executives;
(F) experts in public and private sector infrastructure protection, cybersecurity, and
communications;
(G) representatives of individuals with disabilities and other populations with special
needs; and
(H) such other individuals as the Administrator determines to be appropriate.
(2) Coordination with the Departments of
Health and Human Services and Transportation
In the selection of members of the National
Advisory Council who are health or emergency
medical services professionals, the Administrator shall work with the Secretary of Health
and Human Services and the Secretary of
Transportation.
(3) Ex officio members
The Administrator shall designate 1 or more
officers of the Federal Government to serve as
ex officio members of the National Advisory
Council.
(4) Terms of office
(A) In general
Except as provided in subparagraph (B),
the term of office of each member of the National Advisory Council shall be 3 years.
(B) Initial appointments
Of the members initially appointed to the
National Advisory Council—
(i) one-third shall be appointed for a
term of 1 year; and
(ii) one-third shall be appointed for a
term of 2 years.
(d) Applicability of Federal Advisory Committee
Act
(1) In general
Notwithstanding section 451(a) of this title
and subject to paragraph (2), the Federal Advi-