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6 U.S.C. § 762 — Untitled legal text

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6 U.S.C. § 762 — Untitled legal text

Page 406 TITLE 6—DOMESTIC SECURITY § 762 AMENDMENTS 2018—Subsec. (d). Pub. L. 115–254 substituted ‘‘for each of fiscal years 2018 through 2022’’ for ‘‘for fiscal year 2008’’. § 762. Emergency management performance grants program (a) Definitions In this section— (1) the term ‘‘program’’ means the emer- gency management performance grants pro- gram described in subsection (b); and (2) the term ‘‘State’’ has the meaning given that term in section 102 of the Robert T. Staf- ford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). (b) In general The Administrator of the Federal Emergency Management Agency shall continue implemen- tation of an emergency management perform- ance grants program, to make grants to States to assist State, local, and tribal governments in preparing for all hazards, as authorized by the Robert T. Stafford Disaster Relief and Emer- gency Assistance Act (42 U.S.C. 5121 et seq.). (c) Federal share Except as otherwise specifically provided by title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act [42 U.S.C. 5195 et seq.], the Federal share of the cost of an activity carried out using funds made available under the program shall not exceed 50 percent. (d) Apportionment For fiscal year 2008, and each fiscal year there- after, the Administrator shall apportion the amounts appropriated to carry out the program among the States as follows: (1) Baseline amount The Administrator shall first apportion 0.25 percent of such amounts to each of American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands and 0.75 percent of such amounts to each of the remaining States. (2) Remainder The Administrator shall apportion the re- mainder of such amounts in the r

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Page 406 TITLE 6—DOMESTIC SECURITY § 762 AMENDMENTS 2018—Subsec. (d). Pub. L. 115–254 substituted ‘‘for each of fiscal years 2018 through 2022’’ for ‘‘for fiscal year 2008’’. § 762. Emergency management performance grants program (a) Definitions In this section— (1) the term ‘‘program’’ means the emer- gency management performance grants pro- gram described in subsection (b); and (2) the term ‘‘State’’ has the meaning given that term in section 102 of the Robert T. Staf- ford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). (b) In general The Administrator of the Federal Emergency Management Agency shall continue implemen- tation of an emergency management perform- ance grants program, to make grants to States to assist State, local, and tribal governments in preparing for all hazards, as authorized by the Robert T. Stafford Disaster Relief and Emer- gency Assistance Act (42 U.S.C. 5121 et seq.). (c) Federal share Except as otherwise specifically provided by title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act [42 U.S.C. 5195 et seq.], the Federal share of the cost of an activity carried out using funds made available under the program shall not exceed 50 percent. (d) Apportionment For fiscal year 2008, and each fiscal year there- after, the Administrator shall apportion the amounts appropriated to carry out the program among the States as follows: (1) Baseline amount The Administrator shall first apportion 0.25 percent of such amounts to each of American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands and 0.75 percent of such amounts to each of the remaining States. (2) Remainder The Administrator shall apportion the re- mainder of such amounts in the ratio that— (A) the population of each State; bears to (B) the population of all States. (e) Consistency in allocation Notwithstanding subsection (d), in any fiscal year before fiscal year 2013 in which the appro- priation for grants under this section is equal to or greater than the appropriation for emergency management performance grants in fiscal year 2007, no State shall receive an amount under this section for that fiscal year less than the amount that State received in fiscal year 2007. (f) Authorization of appropriations There is authorized to be appropriated to carry out the program, for each of fiscal years 2018 through 2022, $950,000,000. (Pub. L. 109–295, title VI, § 662, Oct. 4, 2006, 120 Stat. 1433; Pub. L. 110–53, title II, § 201, Aug. 3, 2007, 121 Stat. 294; Pub. L. 115–254, div. D, § 1217(c), Oct. 5, 2018, 132 Stat. 3451.) Editorial Notes REFERENCES IN TEXT The Robert T. Stafford Disaster Relief and Emer- gency Assistance Act, referred to in subsecs. (b) and (c), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. Title VI of the Act is classified generally to subchapter IV–B (§ 5195 et seq.) of chapter 68 of Title 42. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables. AMENDMENTS 2018—Subsec. (f). Pub. L. 115–254 substituted ‘‘the pro- gram, for each of fiscal years 2018 through 2022’’ for ‘‘the program— ‘‘(1) for fiscal year 2008, $400,000,000; ‘‘(2) for fiscal year 2009, $535,000,000; ‘‘(3) for fiscal year 2010, $680,000,000; ‘‘(4) for fiscal year 2011, $815,000,000; and ‘‘(5) for fiscal year 2012’’. 2007—Pub. L. 110–53 amended section catchline and text generally. Prior to amendment, text read as fol- lows: ‘‘There is authorized to be appropriated for the Emergency Management Performance Grants Program for fiscal year 2008, an amount equal to the amount ap- propriated for the program for fiscal year 2007 and an additional $175,000,000.’’ § 763. Transfer of Noble Training Center The Noble Training Center is transferred to the Center for Domestic Preparedness. The Cen- ter for Domestic Preparedness shall integrate the Noble Training Center into the program structure of the Center for Domestic Prepared- ness. (Pub. L. 109–295, title VI, § 663, Oct. 4, 2006, 120 Stat. 1433.) § 763a. Training for Federal Government, foreign governments, or private entities In fiscal year 2013 and thereafter: (a) the Cen- ter for Domestic Preparedness may provide training to emergency response providers from the Federal Government, foreign governments, or private entities, if the Center for Domestic Preparedness is reimbursed for the cost of such training, and any reimbursement under this sub- section shall be credited to the account from which the expenditure being reimbursed was made and shall be available, without fiscal year limitation, for the purposes for which amounts in the account may be expended; (b) the head of the Center for Domestic Preparedness shall en- sure that any training provided under (a) does not interfere with the primary mission of the Center to train State and local emergency re- sponse providers; and (c) subject to (b), nothing in (a) prohibits the Center for Domestic Pre- paredness from providing training to employees of the Federal Emergency Management Agency in existing chemical, biological, radiological, nuclear, explosives, mass casualty, and medical surge courses pursuant to 5 U.S.C. 4103 without reimbursement for the cost of such training. (Pub. L. 113–6, div. D, title III, Mar. 26, 2013, 127 Stat. 359.) Editorial Notes CODIFICATION Section was enacted as part of the Department of Homeland Security Appropriations Act, 2013, and not as

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

42 U.S.C. § 5121 — Congressional findings and declarations

**(a)** The Congress hereby finds and declares that— (1) because disasters often cause loss of life, human suffering, loss of income, and property loss and damage; and (2) because disasters often disrupt the normal functioning of governments and communities, and adversely affect individuals and families with great severity; special measures, designed to assist the efforts of the affected States in expediting the rendering of aid, assistance, and emergency services, and the reconstruction and rehabilitation of devastated areas, are necessary. **(b)** It is the intent of the Congress, by this chapter, to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from such disasters by— (1) revising and broadening the scope of existing disaster relief programs; (2) encouraging the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and by local governments; (3) achieving greater coordination and responsiveness of disaster preparedness and relief programs; (4) encouraging individuals, States, and local governments to protect themselves by obtaining insurance coverage to supplement or replace governmental assistance; (5) encouraging hazard mitigation measures to reduce losses from disasters, including development of land use and construction regulations; (6) providing Federal assistance programs for both public and private losses sustained in disasters; and (7) identifying and improving the climate and natural hazard resilience of vulnerable communities.

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

42 U.S.C. § 5121 — Congressional findings and declarations

Page 6354 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5121 Sec. 5165g. National veterinary emergency teams. SUBCHAPTER IV—MAJOR DISASTER ASSISTANCE PROGRAMS 5170. Procedure for declaration. 5170a. General Federal assistance. 5170b. Essential assistance. 5170c. Hazard mitigation. 5171. Federal facilities. 5172. Repair, restoration, and replacement of dam- aged facilities. 5173. Debris removal. 5174. Federal assistance to individuals and house- holds. 5174a. Flexibility. 5174b. Critical document fee waiver. 5175, 5176. Repealed. 5177. Unemployment assistance. 5177a. Emergency grants to assist low-income mi- grant and seasonal farmworkers. 5178. Repealed. 5179. Benefits and distribution. 5180. Food commodities. 5181. Relocation assistance. 5182. Legal services. 5183. Crisis counseling assistance and training. 5184. Community disaster loans. 5185. Emergency communications. 5186. Emergency public transportation. 5187. Fire management assistance. 5188. Timber sale contracts. 5189. Simplified procedure. 5189a. Appeals of assistance decisions. 5189b. Date of eligibility; expenses incurred before date of disaster. 5189c. Transportation assistance to individuals and households. 5189d. Case management services. 5189e. Essential service providers. 5189f. Public assistance program alternative proce- dures. 5189g. Unified Federal review. 5189h. Agency accountability. SUBCHAPTER IV–A—EMERGENCY ASSISTANCE PROGRAMS 5191. Procedure for declaration. 5192. Federal emergency assistance. 5193. Amount of assistance. SUBCHAPTER IV–B—EMERGENCY PREPAREDNESS 5195. Declaration of policy. 5195a. Definitions. 5195b. Administration of subchapter. 5195c. Critical infrastructures protection. PART A—POWERS AND DUTIES

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

42 U.S.C. § 5122 — Definitions

As used in this chapter— (1) **Emergency.—** — “Emergency” means any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States. (2) **Major disaster.—** — “Major disaster” means any natural catastrophe (including any hurricane, tornado, storm, high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or, regardless of cause, any fire, flood, or explosion, in any part of the United States, which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster assistance under this chapter to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby. (3) “United States” means the fifty States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (4) “State” means any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (5) “Governor” means the chief executive of any State. (6) **Indian tribal government.—** — The term “Indian tribal government” means the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe under the Federally Recognized Indian Tribe List Act of 1994 ([25 U.S.C.

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

42 U.S.C. § 5122 — Definitions

Page 6357 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5122 2000, the President would submit to Congress a report describing the results of the State Management of Small Disasters Initiative, including recommendations concerning State administration of parts of the pro- gram. STUDY REGARDING COST REDUCTION Pub. L. 106–390, title II, § 209, Oct. 30, 2000, 114 Stat. 1571, as amended by Pub. L. 109–139, § 3, Dec. 22, 2005, 119 Stat. 2649, provided that: ‘‘Not later than September 30, 2007, the Director of the Congressional Budget Office shall complete a study estimating the reduction in Federal disaster assistance that has resulted and is likely to result from the enactment of this Act [see Short Title of 2000 Amendment note above].’’ STUDY OF PARTICIPATION BY INDIAN TRIBES IN EMERGENCY MANAGEMENT Pub. L. 106–390, title III, § 308, Oct. 30, 2000, 114 Stat. 1575, required the Director of the Federal Emergency Management Agency to conduct a study of participa- tion by Indian tribes in emergency management and submit a report no later than 1 year after Oct. 30, 2000. NATIONAL DROUGHT POLICY Pub. L. 105–199, July 16, 1998, 112 Stat. 641, as amended by Pub. L. 106–78, title VII, § 753, Oct. 22, 1999, 113 Stat. 1170, known as the ‘‘National Drought Policy Act of 1998’’, established the National Drought Policy Com- mission to study and submit a report on national drought policy and terminated the Commission 90 days after the submission of the report. RECOMMENDATIONS CONCERNING IMPROVEMENT OF RELA- TIONSHIPS AMONG DISASTER MANAGEMENT OFFICIALS Pub. L. 100–707, title I, § 110, Nov. 23, 1988, 102 Stat. 4710, provided that not later than 1 year after Nov. 23, 1988, the President was to recommend to the Congress proposals to improve the operational and fiscal

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

42 U.S.C. § 5195 — Authorization of appropriations and transfers of funds

**(a) Authorization of appropriations** There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this subchapter. **(b) Transfer authority** Funds made available for the purposes of this subchapter may be allocated or transferred for any of the purposes of this subchapter, with the approval of the Director of the Office of Management and Budget, to any agency or government corporation designated to assist in carrying out this subchapter. Each such allocation or transfer shall be reported in full detail to the Congress within 30 days after such allocation or transfer.

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

42 U.S.C. § 5195 — Declaration of policy

Page 6428 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5195 (b) Limit on amount of assistance (1) In general Except as provided in paragraph (2), total as- sistance provided under this subchapter for a single emergency shall not exceed $5,000,000. (2) Additional assistance The limitation described in paragraph (1) may be exceeded when the President deter- mines that— (A) continued emergency assistance is im- mediately required; (B) there is a continuing and immediate risk to lives, property, public health or safe- ty; and (C) necessary assistance will not otherwise be provided on a timely basis. (3) Report Whenever the limitation described in para- graph (1) is exceeded, the President shall re- port to the Congress on the nature and extent of emergency assistance requirements and shall propose additional legislation if nec- essary. (Pub. L. 93–288, title V, § 503, as added Pub. L. 100–707, title I, § 107(a), Nov. 23, 1988, 102 Stat. 4707.) SUBCHAPTER IV–B—EMERGENCY PREPAREDNESS § 5195. Declaration of policy The purpose of this subchapter is to provide a system of emergency preparedness for the pro- tection of life and property in the United States from hazards and to vest responsibility for emergency preparedness jointly in the Federal Government and the States and their political subdivisions. The Congress recognizes that the organizational structure established jointly by the Federal Government and the States and their political subdivisions for emergency pre- paredness purposes can be effectively utilized to provide relief and assistance to people in areas of the United States struck by a hazard. The Federal Government shall provide necessary di- rection, coordination, and guidance, and shall provide necessary assistance, as authorized in

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

5 U.S.C. § 4103 — Establishment of training programs

**(a)** In order to assist in achieving an agency’s mission and performance goals by improving employee and organizational performance, the head of each agency, in conformity with this chapter, shall establish, operate, maintain, and evaluate a program or programs, and a plan or plans thereunder, for the training of employees in or under the agency by, in, and through Government facilities and non-Government facilities. Each program, and plan thereunder, shall— (1) conform to the principles, standards, and related requirements contained in the regulations prescribed under [section 4118 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4118&num=0&edition=prelim); (2) provide for adequate administrative control by appropriate authority; (3) provide that information concerning the selection and assignment of employees for training and the applicable training limitations and restrictions be made available to employees of the agency; and (4) provide for the encouragement of self-training by employees by means of appropriate recognition of resultant increases in proficiency, skill, and capacity. Two or more agencies jointly may operate under a training program. **(b)** (1) Notwithstanding any other provision of this chapter, an agency may train any employee of the agency to prepare the employee for placement in another agency if the head of the agency determines that such training would be in the interests of the Government. (2) In selecting an employee for training under this subsection, the head of the agency shall consider— (A) the extent to which the current skills, knowledge, and abilities of the employee may be utilized in the new position; (B) the employee’s capability to learn skills and acquire knowledge and abilit

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

5 U.S.C. § 4103 — Establishment of training programs

Page 468 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 4103 HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2303. July 7, 1958, Pub. L. 85–507, § 4, 72 Stat. 329. May 26, 1959, Pub. L. 86–33, 73 Stat. 62. Aug. 2, 1962, Pub. L. 87–566, 76 Stat. 264. In subsection (a)(1), the exception for the President and Vice President is omitted as surplusage as these elected officers are not employed in or under an agency and thus are not included in the definition of ‘‘em- ployee’’ in section 4101(2). In subsection (a)(1)(C), the words ‘‘as defined by sec- tion 231(a) of Title 37’’ are omitted as unnecessary in view of the definition of ‘‘uniformed services’’ in sec- tion 2101(b). The words ‘‘section 204 of title 37’’ are sub- stituted for ‘‘sections 232–234, 235, 236, 237, 238, and 239 of Title 37’’ on authority of section 12(b) of the Act of Sept. 7, 1962, Pub. L. 87–649, 76 Stat. 497. In subsection (a)(2)(B), the words ‘‘by the President’’ are coextensive with and substituted for ‘‘by the Presi- dent by and with the advice and consent of the Senate or by the President alone’’. In subsection (b)(1), reference to ‘‘section 21, and sec- tion 22’’ is omitted as unnecessary since the sections are not carried into this title, but are scheduled for re- peal, see Table II. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1979—Subsec. (a)(1)(C). Pub. L. 96–54, § 2(a)(19), sub- stituted ‘‘National Oceanic and Atmospheric’’ for ‘‘En- vironmental Science Services’’. Subsec. (b). Pub. L. 96–54, § 2(a)(15), substituted ‘‘Of- fice’’ for ‘‘Commission’’. 1978—Subsec. (b). Pub. L.

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

6 U.S.C. § 762 — Emergency Management Assistance Compact grants

**(a) In general** The Administrator may make grants to administer the Emergency Management Assistance Compact consented to by the Joint Resolution entitled “Joint Resolution granting the consent of Congress to the Emergency Management 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 behalf 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 organizations representing such providers with credentialing emergency response providers and the typing of emergency response resources. **(c) Coordination** The Administrator shall consult with the Administrator of the Emergency Management Assistance Compact to ensure effective coordination of efforts in responding to requests for assistance. **(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.

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