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6 U.S.C. § 792 — Repealed.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

6 U.S.C. § 792 — Repealed. Pub. L. 117–253, § 1, Dec. 20, 2022,

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

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Stable record: federal_law:legal_authorities:usc2024-471ea3e6ef54c770c4135d12
Source file: Laws/federal/codes/united-states-code-2024/title-6/section-792-repealed-pub-l-117253-1-dec-20-2022--c661aef971.md
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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.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 701 — Rules of construction

**(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.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 701 — Definitions

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

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 791 — Public assistance pilot program

**(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

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 791 — Advance contracting

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

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 792 — Advance contracting

**(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

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