---
kind: "section"
citation: "6 U.S.C. § 316"
title: "6"
title_heading: "Domestic Security"
number: "316"
heading: "Preserving the Federal Emergency Management Agency"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/6/316"
units:
  - "Chapter 1 — Homeland Security Organization"
  - "Subchapter V — National Emergency Management"
---

# §316. Preserving the Federal Emergency Management Agency

- (a) **Distinct entity—** The [Agency](/usc/6/311.md?p=2) shall be maintained as a distinct [entity](/usc/6/301c.md?p=2) within the [Department](/usc/6/101.md?p=5).
- (b) **Reorganization—** [Section 452 of this title](/usc/6/452.md) shall not apply to the [Agency](/usc/6/311.md?p=2), including any function or organizational unit of the [Agency](/usc/6/311.md?p=2).
- (c) **Prohibition on changes to missions—**
  - (1) **In general—** The [Secretary](/usc/6/101.md?p=16) may not substantially or significantly reduce, including through a Joint Task Force established under [section 348 of this title](/usc/6/348.md), the authorities, responsibilities, or [functions](/usc/6/101.md?p=9) of the [Agency](/usc/6/311.md?p=2) or the capability of the [Agency](/usc/6/311.md?p=2) to perform those missions, authorities, responsibilities,[^1] 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](/usc/6/311.md?p=2) may be diverted to the principal and continuing use of any other organization, unit, or [entity](/usc/6/301c.md?p=2) of the [Department](/usc/6/101.md?p=5), including a Joint Task Force established under [section 348 of this title](/usc/6/348.md), except for details or assignments that do not reduce the capability of the [Agency](/usc/6/311.md?p=2) to perform its missions.
- (d) **Reprogramming and transfer of funds—** In reprogramming or transferring [funds](/usc/6/677a.md?p=5), the [Secretary](/usc/6/101.md?p=16) shall comply with any applicable provisions of any Act making appropriations for the [Department](/usc/6/101.md?p=5) for fiscal year 2007, or any succeeding fiscal year, relating to the reprogramming or transfer of [funds](/usc/6/677a.md?p=5).

## Footnotes

[^1]: So in original. Probably should be “authorities, responsibilities, or functions”.

## 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.)

## Notes

### 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,”.