6 U.S.C. § 747 — Equipment and training standards

Page 400 TITLE 6—DOMESTIC SECURITY § 745 (4) Comprehensive assessment system. (5) Remedial action management program. (6) Federal response capability inventory. (7) Reporting requirements. (8) Federal preparedness. (c) National planning scenarios The national preparedness system may include national planning scenarios. (Pub. L. 109–295, title VI, § 644, Oct. 4, 2006, 120 Stat. 1425.) § 745. National planning scenarios (a) In general The Administrator, in coordination with the heads of appropriate Federal agencies and the National Advisory Council, may develop plan- ning scenarios to reflect the relative risk re- quirements presented by all hazards, including natural disasters, acts of terrorism, and other man-made disasters, in order to provide the foundation for the flexible and adaptive develop- ment of target capabilities and the identifica- tion of target capability levels to meet the na- tional preparedness goal. (b) Development In developing, revising, and replacing national planning scenarios, the Administrator shall en- sure that the scenarios— (1) reflect the relative risk of all hazards and illustrate the potential scope, magnitude, and complexity of a broad range of representative hazards; and (2) provide the minimum number of rep- resentative scenarios necessary to identify and define the tasks and target capabilities re- quired to respond to all hazards. (Pub. L. 109–295, title VI, § 645, Oct. 4, 2006, 120 Stat. 1425.) § 746. Target capabilities and preparedness prior- ities (a) Establishment of guidelines on target capa- bilities Not later than 180 days after October 4, 2006, the Administrator, in coordination with the heads of appropriate Federal agencies, the Na- tional Council on Disability, and the National Advisory Council, shall complete, revise, and up- date, as necessary, guidelines to define risk- based target capabilities for Federal, State, local, and tribal government preparedness that will enable the Nation to prevent, respond to, recover from, and mitigate against all hazards, including natural disasters, acts of terrorism, and other man-made disasters. (b) Distribution of guidelines The Administrator shall ensure that the guidelines are provided promptly to the appro- priate committees of Congress and the States. (c) Objectives The Administrator shall ensure that the guidelines are specific, flexible, and measurable. (d) Terrorism risk assessment With respect to analyzing and assessing the risk of acts of terrorism, the Administrator shall consider— (1) the variables of threat, vulnerability, and consequences related to population (including transient commuting and tourist populations), areas of high population density, critical in- frastructure, coastline, and international bor- ders; and (2) the most current risk assessment avail- able from the Chief Intelligence Officer of the Department of the threats of terrorism against the United States. (e) Preparedness priorities In establishing the guidelines under sub- section (a), the Administrator shall establish preparedness priorities that appropriately bal- ance the risk of all hazards, including natural disasters, acts of terrorism, and other man-made disasters, with the resources required to pre- vent, respond to, recover from, and mitigate against the hazards. (f) Mutual aid agreements The Administrator may provide support for the development of mutual aid agreements with- in States. (Pub. L. 109–295, title VI, § 646, Oct. 4, 2006, 120 Stat. 1426.) § 747. Equipment and training standards (a) Equipment standards (1) In general The Administrator, in coordination with the heads of appropriate Federal agencies and the National Advisory Council, shall support the development, promulgation, and updating, as necessary, of national voluntary consensus standards for the performance, use, and vali- dation of equipment used by Federal, State, local, and tribal governments and nongovern- mental emergency response providers. (2) Requirements The national voluntary consensus standards shall— (A) be designed to achieve equipment and other capabilities consistent with the na- tional preparedness goal, including the safe- ty and health of emergency response pro- viders; (B) to the maximum extent practicable, be consistent with existing national voluntary consensus standards; (C) take into account, as appropriate, threats that may not have been con- templated when the existing standards were developed; and (D) focus on maximizing operability, inter- operability, interchangeability, durability, flexibility, efficiency, efficacy, portability, sustainability, and safety. (b) Training standards The Administrator shall— (1) support the development, promulgation, and regular updating, as necessary, of national voluntary consensus standards for training; and (2) ensure that the training provided under the national training program is consistent with the standards. (c) Consultation with standards organizations In carrying out this section, the Adminis- trator shall consult with representatives of rel- Page 401 TITLE 6—DOMESTIC SECURITY § 748a evant public and private sector national vol- untary consensus standards development organi- zations. (Pub. L. 109–295, title VI, § 647, Oct. 4, 2006, 120 Stat. 1426.) § 748. Training and exercises (a) National training program (1) In general Beginning not later than 180 days after Octo- ber 4, 2006, the Administrator, in coordination with the heads of appropriate Federal agen- cies, the National Council on Disability, and the National Advisory Council, shall carry out a national training program to implement the national preparedness goal, National Incident Management System, National Response Plan, and other related plans and strategies. (2) Training partners In developing and implementing the na- tional training program, the Administrator shall— (A) work with government training facili- ties, academic institutions, private organi- zations, and other entities that provide spe- cialized, state-of-the-art training for emer- gency managers or emergency response pro- viders; and (B) utilize, as appropriate, training courses provided by community colleges, State and local public safety academies, State and pri- vate universities, and other facilities. (b) National exercise program (1) In general Beginning not later than 180 days after Octo- ber 4, 2006, the Administrator, in coordination with the heads of appropriate Federal agen- cies, the National Council on Disability, and the National Advisory Council, shall carry out a national exercise program to test and evalu- ate the national preparedness goal, National Incident Management System, National Re- sponse Plan, and other related plans and strat- egies. (2) Requirements The national exercise program— (A) shall be— (i) as realistic as practicable, based on current risk assessments, including cred- ible and emerging threats, vulnerabilities, and consequences, and designed to stress the national preparedness system; (ii) designed, as practicable, to simulate the partial or complete incapacitation of a State, local, or tribal government; (iii) carried out, as appropriate, with a minimum degree of notice to involved par- ties regarding the timing and details of such exercises, consistent with safety con- siderations; (iv) designed to provide for the system- atic evaluation of readiness and enhance operational understanding of the incident command system and relevant mutual aid agreements; (v) designed to address the unique re- quirements of populations with special needs, including the elderly; and (vi) designed to promptly develop after- action reports and plans for quickly incor- porating lessons learned into future oper- ations; and (B) shall include a selection of model exer- cises that State, local, and tribal govern- ments can readily adapt for use and provide assistance to State, local, and tribal govern- ments with the design, implementation, and evaluation of exercises (whether a model ex- ercise program or an exercise designed lo- cally) that— (i) conform to the requirements under subparagraph (A); (ii) are consistent with any applicable State, local, or tribal strategy or plan; and (iii) provide for systematic evaluation of readiness. (3) National level exercises The Administrator shall periodically, but not less than biennially, perform national ex- ercises for the following purposes: (A) To test and evaluate the capability of Federal, State, local, and tribal govern- ments to detect, disrupt, and prevent threat- ened or actual catastrophic acts of ter- rorism, especially those involving weapons of mass destruction. (B) To test and evaluate the readiness of Federal, State, local, and tribal govern- ments to respond and recover in a coordi- nated and unified manner to catastrophic in- cidents. (Pub. L. 109–295, title VI, § 648, Oct. 4, 2006, 120 Stat. 1427; Pub. L. 110–53, title IV, §§ 402, 403, Aug. 3, 2007, 121 Stat. 302, 303; Pub. L. 116–64, § 3, Oct. 9, 2019, 133 Stat. 1123.) Editorial Notes AMENDMENTS 2019—Subsec. (b)(2)(A)(i). Pub. L. 116–64 inserted ‘‘and emerging’’ after ‘‘credible’’. 2007—Subsec. (b)(2)(A)(iv) to (vi). Pub. L. 110–53, § 402, added cls. (iv) to (vi) and struck out former cls. (iv) and (v) which read as follows: ‘‘(iv) designed to provide for systematic evaluation of readiness; and ‘‘(v) designed to address the unique requirements of populations with special needs; and’’. Subsec. (b)(2)(B). Pub. L. 110–53, § 403, in introductory provisions, substituted ‘‘shall include a selection of model exercises that State, local, and tribal govern- ments can readily adapt for use and provide assistance to State, local, and tribal governments with the design, implementation, and evaluation of exercises (whether a model exercise program or an exercise designed lo- cally)’’ for ‘‘shall provide assistance to State, local, and tribal governments with the design, implementa- tion, and evaluation of exercises’’. § 748a. Prioritization of facilities Not later than 180 days after October 5, 2018, the Administrator shall provide guidance and training on an annual basis to State, local, and Indian tribal governments, first responders, and utility companies on— (1) the need to prioritize assistance to hos- pitals, nursing homes, and other long-term care facilities to ensure that such health care facilities remain functioning or return to