6 U.S.C. § 751 — Federal response capability inventory

Page 402 TITLE 6—DOMESTIC SECURITY § 749 functioning as soon as practicable during power outages caused by natural hazards, in- cluding severe weather events; (2) how hospitals, nursing homes and other long-term care facilities should adequately prepare for power outages during a major dis- aster or emergency, as those terms are defined in section 5122 of title 42; and (3) how State, local, and Indian tribal gov- ernments, first responders, utility companies, hospitals, nursing homes, and other long-term care facilities should develop a strategy to co- ordinate emergency response plans, including the activation of emergency response plans, in anticipation of a major disaster, including se- vere weather events. (Pub. L. 115–254, div. D, § 1208, Oct. 5, 2018, 132 Stat. 3441.) Editorial Notes CODIFICATION Section was enacted as part of the Disaster Recovery Reform Act of 2018 and also as part of the FAA Reau- thorization Act of 2018, and not as part of the Post- Katrina Emergency Management Reform Act of 2006 which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘Administrator’’ and ‘‘State’’ as used in this section, see section 1203 of Pub. L. 115–254, set out as a note under section 5122 of Title 42, The Public Health and Welfare. § 749. Comprehensive assessment system (a) Establishment The Administrator, in coordination with the National Council on Disability and the National Advisory Council, shall establish a comprehen- sive system to assess, on an ongoing basis, the Nation’s prevention capabilities and overall pre- paredness, including operational readiness. (b) Performance metrics and measures The Administrator shall ensure that each component of the national preparedness system, National Incident Management System, Na- tional Response Plan, and other related plans and strategies, and the reports required under section 752 of this title is developed, revised, and updated with clear and quantifiable performance metrics, measures, and outcomes. (c) Contents The assessment system established under sub- section (a) shall assess— (1) compliance with the national prepared- ness system, National Incident Management System, National Response Plan, and other re- lated plans and strategies; (2) capability levels at the time of assess- ment against target capability levels defined pursuant to the guidelines established under section 746(a) of this title; (3) resource needs to meet the desired target capability levels defined pursuant to the guidelines established under section 746(a) of this title; and (4) performance of training, exercises, and operations. (Pub. L. 109–295, title VI, § 649, Oct. 4, 2006, 120 Stat. 1428.) § 750. Remedial action management program The Administrator, in coordination with the National Council on Disability and the National Advisory Council, shall establish a remedial ac- tion management program to— (1) analyze training, exercises, and real- world events to identify and disseminate les- sons learned and best practices; (2) generate and disseminate, as appropriate, after action reports to participants in exer- cises and real-world events; and (3) conduct remedial action tracking and long-term trend analysis. (Pub. L. 109–295, title VI, § 650, Oct. 4, 2006, 120 Stat. 1428.) § 751. Federal response capability inventory (a) In general In accordance with section 5196(h)(1)(C) of title 42, the Administrator shall accelerate the com- pletion of the inventory of Federal response ca- pabilities. (b) Contents For each Federal agency with responsibilities under the National Response Plan, the inven- tory shall include— (1) for each capability— (A) the performance parameters of the ca- pability; (B) the timeframe within which the capa- bility can be brought to bear on an incident; and (C) the readiness of the capability to re- spond to all hazards, including natural disas- ters, acts of terrorism, and other man-made disasters; (2) a list of personnel credentialed in accord- ance with section 320 of this title; (3) a list of resources typed in accordance with section 320 of this title; and (4) emergency communications assets main- tained by the Federal Government and, if ap- propriate, State, local, and tribal governments and the private sector. (c) Department of Defense The Administrator, in coordination with the Secretary of Defense, shall develop a list of or- ganizations and functions within the Depart- ment of Defense that may be used, pursuant to the authority provided under the National Re- sponse Plan and sections 5170a, 5170b, and 5192 of title 42, to provide support to civil authorities during natural disasters, acts of terrorism, and other man-made disasters. (d) Database The Administrator shall establish an inven- tory database to allow— (1) real-time exchange of information re- garding— (A) capabilities; (B) readiness; (C) the compatibility of equipment; (D) credentialed personnel; and (E) typed resources; Page 403 TITLE 6—DOMESTIC SECURITY § 752 (2) easy identification and rapid deployment of capabilities, credentialed personnel, and typed resources during an incident; and (3) the sharing of the inventory described in subsection (a) with other Federal agencies, as appropriate. (Pub. L. 109–295, title VI, § 651, Oct. 4, 2006, 120 Stat. 1429; Pub. L. 110–53, title IV, § 405, Aug. 3, 2007, 121 Stat. 303.) Editorial Notes AMENDMENTS 2007—Subsec. (b). Pub. L. 110–53, § 405(1)(A), sub- stituted ‘‘For each Federal agency with responsibilities under the National Response Plan, the inventory’’ for ‘‘The inventory’’ in introductory provisions. Subsec. (b)(2) to (4). Pub. L. 110–53, § 405(1)(B)–(D), added pars. (2) and (3) and redesignated former par. (2) as (4). Subsec. (d)(1). Pub. L. 110–53, § 405(2)(A), substituted ‘‘regarding—’’ for ‘‘regarding capabilities, readiness, or the compatibility of equipment;’’ in introductory pro- visions and added subpars. (A) to (E). Subsec. (d)(2). Pub. L. 110–53, § 405(2)(B), inserted ‘‘of capabilities, credentialed personnel, and typed re- sources’’ after ‘‘rapid deployment’’. Subsec. (d)(3). Pub. L. 110–53, § 405(2)(C), substituted ‘‘the inventory described in subsection (a)’’ for ‘‘inven- tories’’. § 752. Reporting requirements (a) Federal preparedness report (1) In general Not later than 12 months after October 4, 2006, and annually thereafter, the Adminis- trator, in coordination with the heads of ap- propriate Federal agencies, shall submit to the appropriate committees of Congress a report on the Nation’s level of preparedness for all hazards, including natural disasters, acts of terrorism, and other man-made disasters. (2) Contents Each report shall include— (A) an assessment of how Federal assist- ance supports the national preparedness sys- tem; (B) the results of the comprehensive as- sessment carried out under section 749 of this title; (C) a review of the inventory described in section 751 of this title, including the num- ber and type of credentialed personnel in each category of personnel trained and ready to respond to a natural disaster, act of ter- rorism, or other man-made disaster; (D) an assessment of resource needs to meet preparedness priorities established under section 746(e) of this title, including— (i) an estimate of the amount of Federal, State, local, and tribal expenditures re- quired to attain the preparedness prior- ities; and (ii) the extent to which the use of Fed- eral assistance during the preceding fiscal year achieved the preparedness priorities; (E) an evaluation of the extent to which grants administered by the Department, in- cluding grants under title XX of the Home- land Security Act of 2002 [6 U.S.C. 601 et seq.]— (i) have contributed to the progress of State, local, and tribal governments in achieving target capabilities; and (ii) have led to the reduction of risk from natural disasters, acts of terrorism, or other man-made disasters nationally and in State, local, and tribal jurisdictions; and (F) a discussion of whether the list of credentialed personnel of the Agency de- scribed in section 751(b)(2) of this title— (i) complies with the strategic human capital plan developed under section 10102 of title 5; and (ii) is sufficient to respond to a natural disaster, act of terrorism, or other man- made disaster, including a catastrophic in- cident. (b) Catastrophic resource report (1) In general The Administrator shall develop and submit to the appropriate committees of Congress an- nually an estimate of the resources of the Agency and other Federal agencies needed for and devoted specifically to developing the ca- pabilities of Federal, State, local, and tribal governments necessary to respond to a cata- strophic incident. (2) Contents Each estimate under paragraph (1) shall in- clude the resources both necessary for and de- voted to— (A) planning; (B) training and exercises; (C) Regional Office enhancements; (D) staffing, including for surge capacity during a catastrophic incident; (E) additional logistics capabilities; (F) other responsibilities under the cata- strophic incident annex and the catastrophic incident supplement of the National Re- sponse Plan; (G) State, local, and tribal government catastrophic incident preparedness; and (H) covering increases in the fixed costs or expenses of the Agency, including rent or property acquisition costs or expenses, taxes, contributions to the working capital fund of the Department, and security costs for the year after the year in which such es- timate is submitted. (c) State preparedness report (1) In general Not later than 15 months after October 4, 2006, and annually thereafter, a State receiv- ing Federal preparedness assistance adminis- tered by the Department shall submit a report to the Administrator on the State’s level of preparedness. (2) Contents Each report shall include— (A) an assessment of State compliance with the national preparedness system, Na- tional Incident Management System, Na- tional Response Plan, and other related plans and strategies; (B) an assessment of current capability levels and a description of target capability levels; and