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6 U.S.C. § 792 — Repealed. Pub. L. 117–253, § 1, Dec. 20, 2022,
Federal law — U.S. Code and appendices · legal_authorities
Page 414
TITLE 6—DOMESTIC SECURITY
§ 792
(A) identify acquisition planning time
frames and considerations across the entire
acquisition planning process of the Agency;
and
(B) clearly communicate the purpose and
use of a master acquisition planning sched-
ule.
(Pub. L. 109–295, title VI, § 691, Oct. 4, 2006, 120
Stat. 1457; Pub. L. 116–272, § 3(a), Dec. 31, 2020, 134
Stat. 3349.)
Editorial Notes
AMENDMENTS
2020—Subsecs. (e), (f). Pub. L. 116–272 added subsecs.
(e) and (f).
Statutory Notes and Related Subsidiaries
FINDINGS
Pub. L. 116–272, § 2, Dec. 31, 2020, 134 Stat. 3349, pro-
vided that:
‘‘Congress finds that—
‘‘(1) the Post-Katrina Emergency Management and
Reform Act of 2006 [Post-Katrina Emergency Manage-
ment Reform Act of 2006] (Public Law 109–925 [Pub. L.
109–295, title VI]; 120 Stat. 1394) required the Federal
Emergency Management Agency to establish advance
contracts, which are established prior to disasters
and are typically needed to quickly provide life-sus-
taining goods and services in the immediate after-
math of a disaster;
‘‘(2) the catastrophic hurricanes and wildfires in the
United States in 2017 highlighted the importance of
these advance contracts in disaster response;
‘‘(3) in a report issued by the Government Account-
ability Office entitled ‘2017 Disaster Contracting: Ac-
tion Needed to Better Ensure More Effective Use and
Management of Advance Contracts’, the Government
Accountability Office identified a number of chal-
lenges with advance contracts and recommended ac-
tions to improve management by the Federal Emer-
gency Management Agency of these contracts for fu-
ture disasters; and
‘‘(4) section 691 of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 791) should
be amended to incorporate the re
Source: Supplied 2024 U.S. Code historical extraction · 6 U.S.C. § 792
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Source file: Laws/federal/codes/united-states-code-2024/title-6/section-792-repealed-pub-l-117253-1-dec-20-2022--c661aef971.md
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Source location: USCODE-2024-title6-chap2-subchapII-partD-sec792.pdf
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Page 414
TITLE 6—DOMESTIC SECURITY
§ 792
(A) identify acquisition planning time
frames and considerations across the entire
acquisition planning process of the Agency;
and
(B) clearly communicate the purpose and
use of a master acquisition planning sched-
ule.
(Pub. L. 109–295, title VI, § 691, Oct. 4, 2006, 120
Stat. 1457; Pub. L. 116–272, § 3(a), Dec. 31, 2020, 134
Stat. 3349.)
Editorial Notes
AMENDMENTS
2020—Subsecs. (e), (f). Pub. L. 116–272 added subsecs.
(e) and (f).
Statutory Notes and Related Subsidiaries
FINDINGS
Pub. L. 116–272, § 2, Dec. 31, 2020, 134 Stat. 3349, pro-
vided that:
‘‘Congress finds that—
‘‘(1) the Post-Katrina Emergency Management and
Reform Act of 2006 [Post-Katrina Emergency Manage-
ment Reform Act of 2006] (Public Law 109–925 [Pub. L.
109–295, title VI]; 120 Stat. 1394) required the Federal
Emergency Management Agency to establish advance
contracts, which are established prior to disasters
and are typically needed to quickly provide life-sus-
taining goods and services in the immediate after-
math of a disaster;
‘‘(2) the catastrophic hurricanes and wildfires in the
United States in 2017 highlighted the importance of
these advance contracts in disaster response;
‘‘(3) in a report issued by the Government Account-
ability Office entitled ‘2017 Disaster Contracting: Ac-
tion Needed to Better Ensure More Effective Use and
Management of Advance Contracts’, the Government
Accountability Office identified a number of chal-
lenges with advance contracts and recommended ac-
tions to improve management by the Federal Emer-
gency Management Agency of these contracts for fu-
ture disasters; and
‘‘(4) section 691 of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 791) should
be amended to incorporate the recommendations
made by the report described in paragraph (3) to en-
sure more effective use and management of advance
contracts.’’
REPORT
Pub. L. 116–272, § 3(b), Dec. 31, 2020, 134 Stat. 3351, pro-
vided that: ‘‘The Administrator of the Federal Emer-
gency Management Agency shall regularly update the
appropriate committees of Congress (as defined in sec-
tion 602 of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 701)) on the progress of the
Federal Emergency Management Agency in imple-
menting the recommendations of the Government Ac-
countability Office in the report entitled ‘2017 Disaster
Contracting: Action Needed to Better Ensure More Ef-
fective Use and Management of Advance Contracts’, as
required under section 691 of the Post-Katrina Emer-
gency Management Reform Act of 2006 (6 U.S.C. 791), as
amended by subsection (a).’’
§ 792. Repealed. Pub. L. 117–253, § 1, Dec. 20, 2022,
136 Stat. 2360
Section, Pub. L. 109–295, title VI, § 692, Oct. 4, 2006, 120
Stat. 1458, related to limitations on tiering of sub-
contractors.
§ 793. Oversight and accountability of Federal
disaster expenditures
(a) Authority of Administrator to designate funds
for oversight activities
The Administrator may designate up to 1 per-
cent of the total amount provided to a Federal
agency for a mission assignment as oversight
funds to be used by the recipient agency for per-
forming oversight of activities carried out under
the Agency reimbursable mission assignment
process. Such funds shall remain available until
expended.
(b) Use of funds
(1) Types of oversight activities
Oversight funds may be used for the fol-
lowing types of oversight activities related to
Agency mission assignments:
(A) Monitoring, tracking, and auditing ex-
penditures of funds.
(B) Ensuring that sufficient management
and internal control mechanisms are avail-
able so that Agency funds are spent appro-
priately and in accordance with all applica-
ble laws and regulations.
(C) Reviewing selected contracts and other
activities.
(D) Investigating allegations of fraud in-
volving Agency funds.
(E) Conducting and participating in fraud
prevention activities with other Federal,
State, and local government personnel and
contractors.
(2) Plans and reports
Oversight funds may be used to issue the
plans required under subsection (e) and the re-
ports required under subsection (f).
(c) Restriction on use of funds
Oversight funds may not be used to finance ex-
isting agency oversight responsibilities related
to direct agency appropriations used for disaster
response, relief, and recovery activities.
(d) Methods of oversight activities
(1) In general
Oversight activities may be carried out by
an agency under this section either directly or
by contract. Such activities may include eval-
uations and financial and performance audits.
(2) Coordination of oversight activities
To the extent practicable, evaluations and
audits under this section shall be performed
by the inspector general of the agency.
(e) Development of oversight plans
(1) In general
If an agency receives oversight funds for a
fiscal year, the head of the agency shall pre-
pare a plan describing the oversight activities
for disaster response, relief, and recovery an-
ticipated to be undertaken during the subse-
quent fiscal year.
(2) Selection of oversight activities
In preparing the plan, the head of the agency
shall select oversight activities based upon a
risk assessment of those areas that present
the greatest risk of fraud, waste, and abuse.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Administrator** Nothing in this part shall be construed to supersede the civilian emergency management authority of the Administrator under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5121](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5121&num=0&edition=prelim) et seq.) or the Post Katrina Emergency Management Reform Act 11 See References in Text note below. ([6 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section701&num=0&edition=prelim) et seq.).
**(b) Secretary** Nothing in this part shall be construed as providing new authority to the Secretary, except to coordinate and facilitate the development of the assessments and reports required pursuant to this part.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 701
Stored review status: release_metadata_unconfirmed. The source passage cites 6 U.S.C. § 701. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 395
TITLE 6—DOMESTIC SECURITY
§ 701
1 See References in Text note below.
Sec.
PART D—PREVENTION OF FRAUD, WASTE, AND ABUSE
791.
Advance contracting.
792.
Repealed.
793.
Oversight and accountability of Federal dis-
aster expenditures.
794.
Limitation on length of certain noncompeti-
tive contracts.
795.
Fraud, waste, and abuse controls.
796.
Registry of disaster response contractors.
797.
Fraud prevention training program.
PART E—AUTHORIZATION OF APPROPRIATIONS
811.
Authorization of appropriations.
PART F—GLOBAL CATASTROPHIC RISK MANAGEMENT
821.
Definitions.
822.
Assessment of global catastrophic risk.
823.
Report required.
824.
Enhanced catastrophic incident annex.
825.
Rules of construction.
§ 701. Definitions
In this title— 1
(1) the term ‘‘Administrator’’ means the Ad-
ministrator of the Agency;
(2) the term ‘‘Agency’’ means the Federal
Emergency Management Agency;
(3) the term ‘‘appropriate committees of
Congress’’ means—
(A) the Committee on Homeland Security
and Governmental Affairs of the Senate; and
(B) those committees of the House of Rep-
resentatives that the Speaker of the House
of Representatives determines appropriate;
(4) 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;
(5) the term ‘‘Department’’ means the De-
partment of Homeland Security;
(6) the terms ‘‘emergency’’ and ‘‘major dis-
aster’’ have the meanings given the terms in
section 5122 of title 42;
(7) the term ‘‘emergency management’’
means the governme
Source: Supplied 2024 U.S. Code historical extraction · 6 U.S.C. § 701
Stored review status: historical_2024_not_currentness_verified. The source passage cites 6 U.S.C. § 701. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Pilot program**
(1) **In general** — The President, acting through the Administrator, and in coordination with State and local governments, shall establish and conduct a pilot program to—
(A) reduce the costs to the Federal Government of providing assistance to States and local governments under sections 5170b(a)(3)(A), 5172, and 5173 of title 42;
(B) increase flexibility in the administration of sections 5170b(a)(3)(A), 5172, and 5173 of title 42; and
(C) expedite the provision of assistance to States and local governments provided under sections 5170b(a)(3)(A), 5172, and 5173 of title 42.
(2) **Participation** — Only States and local governments that elect to participate in the pilot program may participate in the pilot program for a particular project.
(3) **Innovative administration**
(A) *In general* — For purposes of the pilot program, the Administrator shall establish new procedures to administer assistance provided under the sections referred to in paragraph (1).
(B) *New procedures* — The new procedures established under subparagraph (A) may include 1 or more of the following:
(i) Notwithstanding [section 5172(c)(1)(A) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5172/c/1/A&num=0&edition=prelim), providing an option for a State or local government to elect to receive an in-lieu contribution in an amount equal to 90 percent of the Federal share of the Federal estimate of the cost of repair, restoration, reconstruction, or replacement of a public facility owned or controlled by the State or local government and of management expenses.
(ii) Making grants on the basis of estimates agreed to by the local government (or where no local government is involved, by the State government) and the
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 791
Stored review status: release_metadata_unconfirmed. The source passage cites 6 U.S.C. § 791. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 412
TITLE 6—DOMESTIC SECURITY
§ 777
(b) Pilot program project approval
The Administrator shall not approve a project
under the pilot program after December 31, 2008.
(Pub. L. 109–295, title VI, § 689i, Oct. 4, 2006, 120
Stat. 1454.)
§ 777. Public assistance pilot program
(a) Pilot program
(1) In general
The President, acting through the Adminis-
trator, and in coordination with State and
local governments, shall establish and conduct
a pilot program to—
(A) reduce the costs to the Federal Gov-
ernment of providing assistance to States
and
local
governments
under
sections
5170b(a)(3)(A), 5172, and 5173 of title 42;
(B) increase flexibility in the administra-
tion of sections 5170b(a)(3)(A), 5172, and 5173
of title 42; and
(C) expedite the provision of assistance to
States
and
local
governments
provided
under sections 5170b(a)(3)(A), 5172, and 5173 of
title 42.
(2) Participation
Only States and local governments that
elect to participate in the pilot program may
participate in the pilot program for a par-
ticular project.
(3) Innovative administration
(A) In general
For purposes of the pilot program, the Ad-
ministrator shall establish new procedures
to administer assistance provided under the
sections referred to in paragraph (1).
(B) New procedures
The new procedures established under sub-
paragraph (A) may include 1 or more of the
following:
(i) Notwithstanding section 5172(c)(1)(A)
of title 42, providing an option for a State
or local government to elect to receive an
in-lieu contribution in an amount equal to
90 percent of the Federal share of the Fed-
eral estimate of the cost of repair, restora-
tion, reconstruction, or replacement of a
public facility owned or controlled by the
State or local government and of mana
Source: Supplied 2024 U.S. Code historical extraction · 6 U.S.C. § 791
Stored review status: historical_2024_not_currentness_verified. The source passage cites 6 U.S.C. § 791. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Initial report**
(1) **In general** — Not later than 180 days after October 4, 2006, the Administrator shall submit a report under paragraph (2) identifying—
(A) recurring disaster response requirements, including specific goods and services, for which the Agency is capable of contracting for in advance of a natural disaster or act of terrorism or other man-made disaster in a cost effective manner;
(B) recurring disaster response requirements, including specific goods and services, for which the Agency can not contract in advance of a natural disaster or act of terrorism or other man-made disaster in a cost effective manner; and
(C) a contracting strategy that maximizes the use of advance contracts to the extent practical and cost-effective.
(2) **Submission** — The report under paragraph (1) shall be submitted to the appropriate committees of Congress.
**(b) Entering into contracts**
(1) **In general** — Not later than 1 year after October 4, 2006, the Administrator shall enter into 1 or more contracts for each type of goods or services identified under subsection (a)(1)(A), and in accordance with the contracting strategy identified in subsection (a)(1)(C). Any contract for goods or services identified in subsection (a)(1)(A) previously awarded may be maintained in fulfilling this requirement.
(2) **Considered factors** — Before entering into any contract under this subsection, the Administrator shall consider [section 5150 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5150&num=0&edition=prelim).
(3) **Prenegotiated Federal contracts for goods and services** — The Administrator, in coordination with State and local governments and other Federal agencies, shall establish a process to ensure that Federal pre
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 792
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.