6 U.S.C. § 753 — Federal preparedness

Page 404 TITLE 6—DOMESTIC SECURITY § 753 (C) a discussion of the extent to which tar- get capabilities identified in the applicable State homeland security plan and other ap- plicable plans remain unmet and an assess- ment of resources needed to meet the pre- paredness priorities established under sec- tion 746(e) of this title, including— (i) an estimate of the amount of expendi- tures required to attain the preparedness priorities; and (ii) the extent to which the use of Fed- eral assistance during the preceding fiscal year achieved the preparedness priorities. (Pub. L. 109–295, title VI, § 652, Oct. 4, 2006, 120 Stat. 1429; Pub. L. 110–53, title I, § 103, title IV, § 406, Aug. 3, 2007, 121 Stat. 293, 304.) Editorial Notes REFERENCES IN TEXT The Homeland Security Act of 2002, referred to in subsec. (a)(2)(E), is Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135. Title XX of the Act is classified generally to subchapter XV (§ 601 et seq.) of chapter 1 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. AMENDMENTS 2007—Subsec. (a)(2)(C). Pub. L. 110–53, § 406(1), sub- stituted ‘‘section 751 of this title, including the number and type of credentialed personnel in each category of personnel trained and ready to respond to a natural dis- aster, act of terrorism, or other man-made disaster’’ for ‘‘section 751(a) of this title’’. Subsec. (a)(2)(E). Pub. L. 110–53, § 103(a), added subpar. (E). Subsec. (a)(2)(F). Pub. L. 110–53, § 406(2)–(4), added sub- par. (F). Subsec. (c)(2)(C). Pub. L. 110–53, § 103(b), which di- rected amendment of subpar. (D) by substituting ‘‘a discussion of the extent to which target capabilities identified in the applicable State homeland security plan and other applicable plans remain unmet and an assessment of resources needed’’ for ‘‘an assessment of resource needs’’, was executed by making the substi- tution in subpar. (C) to reflect the probable intent of Congress. § 753. Federal preparedness (a) Agency responsibility In support of the national preparedness sys- tem, the President shall ensure that each Fed- eral agency with responsibilities under the Na- tional Response Plan— (1) has the operational capability to meet the national preparedness goal, including— (A) the personnel to make and commu- nicate decisions; (B) organizational structures that are as- signed, trained, and exercised for the mis- sions of the agency; (C) sufficient physical resources; and (D) the command, control, and commu- nication channels to make, monitor, and communicate decisions; (2) complies with the National Incident Man- agement System, including credentialing of personnel and typing of resources likely need- ed to respond to a natural disaster, act of ter- rorism, or other man-made disaster in accord- ance with section 320 of this title; (3) develops, trains, and exercises rosters of response personnel to be deployed when the agency is called upon to support a Federal re- sponse; (4) develops deliberate operational plans and the corresponding capabilities, including crisis planning, to respond effectively to natural dis- asters, acts of terrorism, and other man-made disasters in support of the National Response Plan to ensure a coordinated Federal response; and (5) regularly updates, verifies the accuracy of, and provides to the Administrator the in- formation in the inventory required under sec- tion 751 of this title. (b) Operational plans An operations plan developed under subsection (a)(4) shall meet the following requirements: (1) The operations plan shall be coordinated under a unified system with a common termi- nology, approach, and framework. (2) The operations plan shall be developed, in coordination with State, local, and tribal gov- ernment officials, to address both regional and national risks. (3) The operations plan shall contain, as ap- propriate, the following elements: (A) Concepts of operations. (B) Critical tasks and responsibilities. (C) Detailed resource and personnel re- quirements, together with sourcing require- ments. (D) Specific provisions for the rapid inte- gration of the resources and personnel of the agency into the overall response. (4) The operations plan shall address, as ap- propriate, the following matters: (A) Support of State, local, and tribal gov- ernments in conducting mass evacuations, including— (i) transportation and relocation; (ii) short- and long-term sheltering and accommodation; (iii) provisions for populations with spe- cial needs, keeping families together, and expeditious location of missing children; and (iv) policies and provisions for pets. (B) The preparedness and deployment of public health and medical resources, includ- ing resources to address the needs of evac- uees and populations with special needs. (C) The coordination of interagency search and rescue operations, including land, water, and airborne search and rescue operations. (D) The roles and responsibilities of the Senior Federal Law Enforcement Official with respect to other law enforcement enti- ties. (E) The protection of critical infrastruc- ture. (F) The coordination of maritime salvage efforts among relevant agencies. (G) The coordination of Department of De- fense and National Guard support of civilian authorities. (H) To the extent practicable, the utiliza- tion of Department of Defense, National Air and Space Administration, National Oceanic Page 405 TITLE 6—DOMESTIC SECURITY § 761 and Atmospheric Administration, and com- mercial aircraft and satellite remotely sensed imagery. (I) The coordination and integration of support from the private sector and non- governmental organizations. (J) The safe disposal of debris, including hazardous materials, and, when practicable, the recycling of debris. (K) The identification of the required surge capacity. (L) Specific provisions for the recovery of affected geographic areas. (c) Mission assignments To expedite the provision of assistance under the National Response Plan, the President shall ensure that the Administrator, in coordination with Federal agencies with responsibilities under the National Response Plan, develops prescripted mission assignments, including lo- gistics, communications, mass care, health serv- ices, and public safety. (d) Certification The President shall certify to the Committee on Homeland Security and Governmental Af- fairs of the Senate and the Committee on Home- land Security and the Committee on Transpor- tation and Infrastructure of the House of Rep- resentatives on an annual basis that each Fed- eral agency with responsibilities under the Na- tional Response Plan complies with subsections (a) and (b). (e) Construction Nothing in this section shall be construed to limit the authority of the Secretary of Defense with regard to— (1) the command, control, training, plan- ning, equipment, exercises, or employment of Department of Defense forces; or (2) the allocation of Department of Defense resources. (Pub. L. 109–295, title VI, § 653, Oct. 4, 2006, 120 Stat. 1430; Pub. L. 110–53, title IV, § 407, Aug. 3, 2007, 121 Stat. 304.) Editorial Notes AMENDMENTS 2007—Subsec. (a). Pub. L. 110–53, § 407(1)(A), struck out ‘‘coordinating, primary, or supporting’’ before ‘‘respon- sibilities’’ in introductory provisions. Subsec. (a)(2). Pub. L. 110–53, § 407(1)(B), inserted ‘‘, including credentialing of personnel and typing of resources likely needed to respond to a natural dis- aster, act of terrorism, or other man-made disaster in accordance with section 320 of this title’’ before semi- colon at end. Subsec. (a)(5). Pub. L. 110–53, § 407(1)(C)–(E), added par. (5). Subsec. (d). Pub. L. 110–53, § 407(2), inserted ‘‘to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on Transportation and In- frastructure of the House of Representatives’’ after ‘‘certify’’ and struck out ‘‘coordinating, primary, or supporting’’ before ‘‘responsibilities’’. § 754. Use of existing resources In establishing the national preparedness goal and national preparedness system, the Adminis- trator shall use existing preparedness docu- ments, planning tools, and guidelines to the ex- tent practicable and consistent with this Act. (Pub. L. 109–295, title VI, § 654, Oct. 4, 2006, 120 Stat. 1432.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means title VI of Pub. L. 109–295, Oct. 4, 2006, 120 Stat. 1394, known as the Post- Katrina Emergency Management Reform Act of 2006. For complete classification of title VI to the Code, see Short Title note set out under section 701 of this title and Tables. PART B—ADDITIONAL PREPAREDNESS § 761. Emergency Management Assistance Com- pact grants (a) In general The Administrator may make grants to ad- minister the Emergency Management Assist- ance Compact consented to by the Joint Resolu- tion entitled ‘‘Joint Resolution granting the consent of Congress to the Emergency Manage- ment Assistance Compact’’ (Public Law 104–321; 110 Stat. 3877). (b) Uses A grant under this section shall be used— (1) to carry out recommendations identified in the Emergency Management Assistance Compact after-action reports for the 2004 and 2005 hurricane season; (2) to administer compact operations on be- half of all member States and territories; (3) to continue coordination with the Agency and appropriate Federal agencies; (4) to continue coordination with State, local, and tribal government entities and their respective national organizations; and (5) to assist State and local governments, emergency response providers, and organiza- tions representing such providers with credentialing emergency response providers and the typing of emergency response re- sources. (c) Coordination The Administrator shall consult with the Ad- ministrator of the Emergency Management As- sistance Compact to ensure effective coordina- tion of efforts in responding to requests for as- sistance. (d) Authorization There is authorized to be appropriated to carry out this section $4,000,000 for each of fiscal years 2018 through 2022. Such sums shall remain available until expended. (Pub. L. 109–295, title VI, § 661, Oct. 4, 2006, 120 Stat. 1432; Pub. L. 115–254, div. D, § 1217(b), Oct. 5, 2018, 132 Stat. 3451.) Editorial Notes REFERENCES IN TEXT The Joint Resolution entitled ‘‘Joint Resolution granting the consent of Congress to the Emergency Management Assistance Compact’’, referred to in sub- sec. (a), is Pub. L. 104–321, Oct. 19, 1996, 110 Stat. 3877, which is not classified to the Code.