120 STAT. 1400
PUBLIC LAW 109–295—OCT. 4, 2006
those common capabilities necessary to prepare for, protect against, respond to, recover from, or mitigate against natural disasters, acts of terrorism, and other man-made disasters, while also building the unique capabilities necessary to prepare for, protect against, respond to, recover from, or mitigate against the risks of specific types of incidents that pose the greatest risk to the Nation.’’; and (13) by inserting after section 504, as redesignated by paragraph (8) of this section, the following: 6 USC 315.
‘‘SEC. 505. FUNCTIONS TRANSFERRED.
‘‘(a) IN GENERAL.—Except as provided in subsection (b), there are transferred to the Agency the following: ‘‘(1) All functions of the Federal Emergency Management Agency, including existing responsibilities for emergency alert systems and continuity of operations and continuity of government plans and programs as constituted on June 1, 2006, including all of its personnel, assets, components, authorities, grant programs, and liabilities, and including the functions of the Under Secretary for Federal Emergency Management relating thereto. ‘‘(2) The Directorate of Preparedness, as constituted on June 1, 2006, including all of its functions, personnel, assets, components, authorities, grant programs, and liabilities, and including the functions of the Under Secretary for Preparedness relating thereto. ‘‘(b) EXCEPTIONS.—The following within the Preparedness Directorate shall not be transferred: ‘‘(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). 6 USC 316.
‘‘SEC. 506. PRESERVING THE FEDERAL EMERGENCY MANAGEMENT AGENCY.
‘‘(a) DISTINCT ENTITY.—The Agency shall be maintained as a distinct entity within the Department. ‘‘(b) REORGANIZATION.—Section 872 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 the date of enactment of the Post-Katrina Emergency Management Reform Act of 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
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