6 U.S.C. § 311 — Definitions

Page 157 TITLE 6—DOMESTIC SECURITY § 311 1 See References in Text note below. 2020—Subsec. (b)(4)(A). Pub. L. 116–260, which directed substitution of ‘‘December 16, 2021’’ for ‘‘4 years after December 16, 2016’’, was executed by making the substi- tution for original text reading ‘‘4 years after the date of the enactment of this section’’, which had been translated as ‘‘4 years after December 16, 2016’’, to re- flect the probable intent of Congress. § 301b. Current and proposed agreements Nothing in this part or in section 4 of the Cross-Border Trade Enhancement Act of 2016 may be construed as affecting— (1) any agreement entered into pursuant to section 560 of division D of the Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 113–6) or section 559 of title V of division F of the Consolidated Appropria- tions Act, 2014 (6 U.S.C. 211 note; Public Law 113–76), as in existence on the day before De- cember 16, 2016, and any such agreement shall continue to have full force and effect on and after such date; or (2) a proposal accepted for consideration by U.S. Customs and Border Protection pursuant to such section 559, as in existence on the day before December 16, 2016. (Pub. L. 107–296, title IV, § 483, as added Pub. L. 114–279, § 2(a), Dec. 16, 2016, 130 Stat. 1421.) Editorial Notes REFERENCES IN TEXT Section 4 of the Cross-Border Trade Enhancement Act of 2016, referred to in text, is section 4 of Pub. L. 114–279, Dec. 16, 2016, 130 Stat. 1422, which repealed sec- tion 560 of division D of Pub. L. 113–6 and section 559 of title V of division F of Pub. L. 113–76. Section 560 of Pub. L. 113–6, was not classified to the Code. Section 559 of Pub. L. 113–76 was classified as a note under section 211 of this title. § 301c. Definitions In this part: (1) Donor The term ‘‘donor’’ means any entity that is proposing to make a donation under this chap- ter. (2) Entity The term ‘‘entity’’ means any— (A) person; (B) partnership, corporation, trust, estate, cooperative, association, or any other orga- nized group of persons; (C) Federal, State or local government (in- cluding any subdivision, agency or instru- mentality thereof); or (D) any other private or governmental en- tity. (Pub. L. 107–296, title IV, § 484, as added Pub. L. 114–279, § 2(a), Dec. 16, 2016, 130 Stat. 1421.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in par. (1), was in the origi- nal ‘‘this Act’’, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. SUBCHAPTER V—NATIONAL EMERGENCY MANAGEMENT Editorial Notes CODIFICATION Pub. L. 109–295, title VI, § 611(1), Oct. 4, 2006, 120 Stat. 1395, substituted ‘‘NATIONAL EMERGENCY MANAGE- MENT’’ for ‘‘EMERGENCY PREPAREDNESS AND RE- SPONSE’’ in subchapter heading. § 311. Definitions In this subchapter— (1) the term ‘‘Administrator’’ means the Ad- ministrator of the Agency; (2) the term ‘‘Agency’’ means the Federal Emergency Management Agency; (3) the term ‘‘catastrophic incident’’ means any natural disaster, act of terrorism, or other man-made disaster that results in extraor- dinary levels of casualties or damage or dis- ruption severely affecting the population (in- cluding mass evacuations), infrastructure, en- vironment, economy, national morale, or gov- ernment functions in an area; (4) the terms ‘‘credentialed’’ and ‘‘credentialing’’ mean having provided, or pro- viding, respectively, documentation that iden- tifies personnel and authenticates and verifies the qualifications of such personnel by ensur- ing that such personnel possess a minimum common level of training, experience, physical and medical fitness, and capability appro- priate for a particular position in accordance with standards created under section 320 of this title; (5) the term ‘‘Federal coordinating officer’’ means a Federal coordinating officer as de- scribed in section 5143 of title 42; (6) the term ‘‘interoperable’’ has the mean- ing given the term ‘‘interoperable communica- tions’’ under section 194(g)(1) of this title; (7) the term ‘‘National Incident Management System’’ means a system to enable effective, efficient, and collaborative incident manage- ment; (8) the term ‘‘National Response Plan’’ means the National Response Plan or any suc- cessor plan prepared under section 314(a)(6) 1 of this title; (9) the term ‘‘Regional Administrator’’ means a Regional Administrator appointed under section 317 of this title; (10) the term ‘‘Regional Office’’ means a Re- gional Office established under section 317 of this title; (11) the term ‘‘resources’’ means personnel and major items of equipment, supplies, and facilities available or potentially available for responding to a natural disaster, act of ter- rorism, or other man-made disaster; (12) the term ‘‘surge capacity’’ means the ability to rapidly and substantially increase the provision of search and rescue capabilities, food, water, medicine, shelter and housing, medical care, evacuation capacity, staffing (including disaster assistance employees), and other resources necessary to save lives and protect property during a catastrophic inci- dent; Page 158 TITLE 6—DOMESTIC SECURITY § 312 (13) the term ‘‘tribal government’’ means the government of any entity described in section 101(13)(B) of this title; and (14) the terms ‘‘typed’’ and ‘‘typing’’ mean having evaluated, or evaluating, respectively, a resource in accordance with standards cre- ated under section 320 of this title. (Pub. L. 107–296, title V, § 501, as added Pub. L. 109–295, title VI, § 611(10), Oct. 4, 2006, 120 Stat. 1395; amended Pub. L. 110–53, title IV, § 401(a), title V, § 502(c)(1), Aug. 3, 2007, 121 Stat. 301, 311; Pub. L. 114–328, div. A, title XIX, § 1913(b)(2), Dec. 23, 2016, 130 Stat. 2687.) Editorial Notes REFERENCES IN TEXT Section 314(a)(6) of this title, referred to in par. (8), was in the original ‘‘section 502(a)(6)’’ and was trans- lated as meaning section 502 of Pub. L. 107–296 prior to its redesignation as section 504 by Pub. L. 109–295, § 611(8), and not section 506 which was redesignated sec- tion 502 by Pub. L. 109–295, § 611(9), and is classified to section 312 of this title, to reflect the probable intent of Congress. PRIOR PROVISIONS A prior section 311, Pub. L. 107–296, title V, § 501, Nov. 25, 2002, 116 Stat. 2212, provided for an Under Secretary for Emergency Preparedness and Response, prior to re- peal by Pub. L. 109–295, title VI, § 611(2), Oct. 4, 2006, 120 Stat. 1395. AMENDMENTS 2016—Par. (13). Pub. L. 114–328 substituted ‘‘101(13)(B)’’ for ‘‘101(11)(B)’’. 2007—Pars. (4) to (12). Pub. L. 110–53, § 401(a)(1)–(4), added pars. (4) and (11) and redesignated former pars. (4) to (10) as (5) to (10) and (12), respectively. Former par. (11) redesignated (13). Par. (13). Pub. L. 110–53, § 502(c)(1), substituted ‘‘101(11)(B)’’ for ‘‘101(10)(B)’’. Pub. L. 110–53, § 401(a)(1), redesignated par. (11) as (13). Par. (14). Pub. L. 110–53, § 401(a)(5)–(7), added par. (14). Statutory Notes and Related Subsidiaries CHANGE OF NAME Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emer- gency Management Agency until Mar. 31, 2007, see sec- tion 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of this title. INTERIM ACTIONS Pub. L. 109–295, title VI, § 612(f)(1), Oct. 4, 2006, 120 Stat. 1411, provided that: ‘‘During the period beginning on the date of enactment of this Act [Oct. 4, 2006] and ending on March 31, 2007, the Secretary [of Homeland Security], the Under Secretary for Preparedness, and the Director of the Federal Emergency Management Agency shall take such actions as are necessary to pro- vide for the orderly implementation of any amendment under this subtitle [subtitle A (§§ 611–614) of title VI of Pub. L. 109–295, see Tables for classification] that takes effect on March 31, 2007.’’ § 312. Definition In this subchapter, the term ‘‘Nuclear Incident Response Team’’ means a resource that in- cludes— (1) those entities of the Department of En- ergy that perform nuclear or radiological emergency support functions (including acci- dent response, search response, advisory, and technical operations functions), radiation ex- posure functions at the medical assistance fa- cility known as the Radiation Emergency As- sistance Center/Training Site (REAC/TS), radi- ological assistance functions, and related functions; and (2) those entities of the Environmental Pro- tection Agency that perform such support functions (including radiological emergency response functions) and related functions. (Pub. L. 107–296, title V, § 502, formerly § 506, Nov. 25, 2002, 116 Stat. 2214; renumbered § 502, Pub. L. 109–295, title VI, § 611(9), Oct. 4, 2006, 120 Stat. 1395.) Editorial Notes CODIFICATION Section was formerly classified to section 316 of this title prior to renumbering by Pub. L. 109–295. PRIOR PROVISIONS A prior section 502 of Pub. L. 107–296 was renumbered section 504 and is classified to section 314 of this title. § 313. Federal Emergency Management Agency (a) In general There is in the Department the Federal Emer- gency Management Agency, headed by an Ad- ministrator. (b) Mission (1) Primary mission The primary mission of the Agency is to re- duce the loss of life and property and protect the Nation from all hazards, including natural disasters, acts of terrorism, and other man- made disasters, by leading and supporting the Nation in a risk-based, comprehensive emer- gency management system of preparedness, protection, response, recovery, and mitiga- tion. (2) Specific activities In support of the primary mission of the Agency, the Administrator shall— (A) lead the Nation’s efforts to prepare for, protect against, respond to, recover from, and mitigate against the risk of natural dis- asters, acts of terrorism, and other man- made disasters, including catastrophic inci- dents; (B) partner with State, local, and tribal governments and emergency response pro- viders, with other Federal agencies, with the private sector, and with nongovernmental organizations to build a national system of emergency management that can effectively and efficiently utilize the full measure of the Nation’s resources to respond to natural dis- asters, acts of terrorism, and other man- made disasters, including catastrophic inci- dents; (C) develop a Federal response capability that, when necessary and appropriate, can act effectively and rapidly to deliver assist- ance essential to saving lives or protecting or preserving property or public health and safety in a natural disaster, act of terrorism, or other man-made disaster;