6 U.S.C. § 316 — Preserving the Federal Emergency Management Agency

(a) Distinct entity. FEMA (called "the Agency" here) must be kept as its own distinct entity within the Department. (b) Reorganization. Section 452 of this title, which normally lets the Department reorganize its units, does not apply to the Agency or to any of its functions or organizational units. (c) Prohibition on changes to missions. (1) The Secretary cannot substantially or significantly cut the Agency's authorities, responsibilities, or functions, or its ability to carry out its missions — including by using a Joint Task Force set up under section 348 — unless a law passed after October 4, 2006, specifically allows it. (2) No asset, function, or mission of the Agency can be permanently shifted to mainly benefit some other part of the Department, including such a Joint Task Force. The only exception is a detail or assignment that does not reduce the Agency's ability to do its job. (d) Reprogramming and transfer of funds. When moving money between accounts or purposes, the Secretary must follow whatever rules apply in the Department's appropriations law for fiscal year 2007 or any later fiscal year that governs reprogramming or transferring funds.