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 Repealed. 793.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 governmental function that coordi- nates and integrates all activities necessary to build, sustain, and improve the capability to prepare for, protect against, respond to, re- cover from, or mitigate against threatened or actual natural disasters, acts of terrorism, or other man-made disasters; (8) the term ‘‘emergency response provider’’ has the meaning given the term in section 101 of this title; (9) the term ‘‘Federal coordinating officer’’ means a Federal coordinating officer as de- scribed in section 5143 of title 42; (10) the term ‘‘individual with a disability’’ has the meaning given the term in section 12102 of title 42; (11) the terms ‘‘local government’’ and ‘‘State’’ have the meaning given the terms in section 101 of this title; (12) the term ‘‘National Incident Manage- ment System’’ means a system to enable effec- tive, efficient, and collaborative incident man- agement; (13) the term ‘‘National Response Plan’’ means the National Response Plan or any suc- cessor plan prepared under section 314(a)(6) of this title; (14) the term ‘‘Secretary’’ means the Sec- retary of Homeland Security; (15) 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; and (16) the term ‘‘tribal government’’ means the government of an Indian tribe or authorized tribal organization, or in Alaska a Native vil- lage or Alaska Regional Native Corporation. (Pub. L. 109–295, title VI, § 602, Oct. 4, 2006, 120 Stat. 1394.) Editorial Notes REFERENCES IN TEXT This title, referred to in text, is title VI of Pub. L. 109–295, Oct. 4, 2006, 120 Stat. 1355, 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 below and Tables. Section 314(a)(6) of this title, referred to in par. (13), was in the original ‘‘section 502(a)(6) of the Homeland Security Act 2002’’ and was translated as meaning sec- tion 502 of Pub. L. 107–296 prior to its redesignation as section 504 by Pub. L. 109–295, § 611(8), and not section 506 of Pub. L. 107–296 which was redesignated section 502 by Pub. L. 109–295, § 611(9), and is classified to section 312 of this title, to reflect the probable intent of Con- gress. 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. EFFECTIVE DATE Pub. L. 109–295, title VI, § 614, Oct. 4, 2006, 120 Stat. 1411, provided that: ‘‘(a) IN GENERAL.—Except as provided in subsection (b), this title [see Tables for classification] and the amendments made by this title shall take effect on the date of enactment of this Act [Oct. 4, 2006]. ‘‘(b) EXCEPTIONS.—The following shall take effect on March 31, 2007: ‘‘(1) The amendments made by section 611(11) [en- acting section 313 of this title]. ‘‘(2) The amendments made by section 611(12) [amending section 314 of this title]. ‘‘(3) Sections 505, 507, 508, and 514 of the Homeland Security Act of 2002 [sections 315, 317, 318, and 321c of this title], as amended by section 611(13) of this Act. ‘‘(4) The amendments made by subsection (a) [sic]. ‘‘(5) The amendments made by subsection (b)(1) [sic].’’ SHORT TITLE OF 2022 AMENDMENT Pub. L. 117–263, div. G, title LXXIII, § 7301, Dec. 23, 2022, 136 Stat. 3684, provided that: ‘‘This subtitle [sub- Page 396 TITLE 6—DOMESTIC SECURITY § 711 title A (§§ 7301–7309) of title LXXIII of div. G of Pub. L. 117–263, enacting part F of subchapter II of this chap- ter] may be cited as the ‘Global Catastrophic Risk Management Act of 2022’.’’ SHORT TITLE OF 2020 AMENDMENT Pub. L. 116–272, § 1, Dec. 31, 2020, 134 Stat. 3349, pro- vided that: ‘‘This Act [amending section 791 of this title and enacting provisions set out as notes under section 791 of this title] may be cited as the ‘Federal Advance Contracts Enhancement Act’ or the ‘FACE Act’.’’ SHORT TITLE OF 2019 AMENDMENT Pub. L. 116–64, § 1, Oct. 9, 2019, 133 Stat. 1122, provided that: ‘‘This Act [amending section 748 of this title] may be cited as the ‘Terrorist and Foreign Fighter Travel Exercise Act of 2019’.’’ SHORT TITLE Pub. L. 109–295, title VI, § 601, Oct. 4, 2006, 120 Stat. 1394, provided that: ‘‘This title [see Tables for classi- fication] may be cited as the ‘Post-Katrina Emergency Management Reform Act of 2006’.’’ CLARIFICATION OF CONGRESSIONAL INTENT Pub. L. 110–53, title XXII, § 2202, Aug. 3, 2007, 121 Stat. 541, provided that: ‘‘The Federal departments and agen- cies (including independent agencies) identified under the provisions of this title [enacting provisions set out as notes under section 194 of this title and section 247d–3a of Title 42, The Public Health and Welfare, and amending provisions set out as a note under section 309 of Title 47, Telecommunications] and title III of this Act [enacting sections 579 and 580 of this title and amending sections 194 and 572 of this title] and title VI of Public Law 109–295 [see Short Title note set out above] shall carry out their respective duties and re- sponsibilities in a manner that does not impede the im- plementation of requirements specified under this title and title III of this Act and title VI of Public Law 109–295. Notwithstanding the obligations under section 1806 of Public Law 109–295 [probably means Pub. L. 107–296; 6 U.S.C. 576], the provisions of this title and title III of this Act and title VI of Public Law 109–295 shall not preclude or obstruct any such department or agency from exercising its other authorities related to emergency communications matters.’’ NATIONAL WEATHER SERVICE Pub. L. 109–295, title VI, § 613, Oct. 4, 2006, 120 Stat. 1411, provided that: ‘‘Nothing in this title [see Tables for classification] shall alter or otherwise affect the au- thorities and activities of the National Weather Serv- ice to protect life and property, including under the Act of October 1, 1890 (26 Stat. 653-55) [15 U.S.C. 312 et seq.].’’ REFERENCES IN PUB. L. 109–295 Pub. L. 109–295, title VI, § 699A, Oct. 4, 2006, 120 Stat. 1463, provided that: ‘‘Except as expressly provided oth- erwise, any reference to ‘this Act’ contained in this title [see Tables for classification] shall be treated as referring only to the provisions of this title.’’ SUBCHAPTER I—PERSONNEL PROVISIONS PART A—FEDERAL EMERGENCY MANAGEMENT AGENCY PERSONNEL § 711. Surge Capacity Force (a) Establishment (1) In general Not later than 6 months after October 4, 2006, the Administrator shall prepare and sub- mit to the appropriate committees of Congress a plan to establish and implement a Surge Ca- pacity Force for deployment of individuals to respond to natural disasters, acts of terrorism, and other man-made disasters, including cata- strophic incidents. (2) Authority (A) In general Except as provided in subparagraph (B), the plan shall provide for individuals in the Surge Capacity Force to be trained and de- ployed under the authorities set forth in the Robert T. Stafford Disaster Relief and Emer- gency Assistance Act [42 U.S.C. 5121 et seq.]. (B) Exception If the Administrator determines that the existing authorities are inadequate for the training and deployment of individuals in the Surge Capacity Force, the Adminis- trator shall report to Congress as to the ad- ditional statutory authorities that the Ad- ministrator determines necessary. (b) Employees designated to serve The plan shall include procedures under which the Secretary shall designate employees of the Department who are not employees of the Agen- cy and shall, in conjunction with the heads of other Executive agencies, designate employees of those other Executive agencies, as appro- priate, to serve on the Surge Capacity Force. (c) Capabilities The plan shall ensure that the Surge Capacity Force— (1) includes a sufficient number of individ- uals credentialed in accordance with section 320 of this title that are capable of deploying rapidly and efficiently after activation to pre- pare for, respond to, and recover from natural disasters, acts of terrorism, and other man- made disasters, including catastrophic inci- dents; and (2) includes a sufficient number of full-time, highly trained individuals credentialed in ac- cordance with section 320 of this title to lead and manage the Surge Capacity Force. (d) Training The plan shall ensure that the Administrator provides appropriate and continuous training to members of the Surge Capacity Force to ensure such personnel are adequately trained on the Agency’s programs and policies for natural dis- asters, acts of terrorism, and other man-made disasters. (e) No impact on agency personnel ceiling Surge Capacity Force members shall not be counted against any personnel ceiling applicable to the Federal Emergency Management Agency. (f) Expenses The Administrator may provide members of the Surge Capacity Force with travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5 for the pur- pose of participating in any training that re- lates to service as a member of the Surge Capac- ity Force.