6 USC § 316 - Preserving the Federal Emergency Management Agency

---
identifier: "/us/usc/t6/s316"
source: "usc"
legal_status: "official_prima_facie"
title: "6 USC § 316 - Preserving the Federal Emergency Management Agency"
title_number: 6
title_name: "DOMESTIC SECURITY"
section_number: "316"
section_name: "Preserving the Federal Emergency Management Agency"
chapter_number: 1
chapter_name: "HOMELAND SECURITY ORGANIZATION"
subchapter_number: "V"
subchapter_name: "NATIONAL EMERGENCY MANAGEMENT"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
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; amended Pub. L. 114–328, div. A, title XIX, § 1901(d)(1), Dec. 23, 2016, 130 Stat. 2670.)"
---


# § 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** section 348 of this title[^1]October 4, 2006

The Secretary may not substantially or significantly reduce, including through a Joint Task Force established under , 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 .

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

**(2)** **Certain transfers prohibited** section 348 of this title

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 , 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.

---

**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; amended Pub. L. 114–328, div. A, title XIX, § 1901(d)(1), Dec. 23, 2016, 130 Stat. 2670.)

## Editorial Notes

### Prior Provisions

A prior  was renumbered section 502 and is classified to .

### Amendments

2016—Subsec. (c)(1). , inserted “, including through a Joint Task Force established under , after “reduce”.

Subsec. (c)(2). , inserted “including a Joint Task Force established under ,” after “Department,”.