dreamproit/uscode huggingface dataset:
6 U.S.C. § 741 (DOMESTIC SECURITY)
§ 741. Definitions
In this part:
(1) Capability
The term “capability” means the ability to provide the means to accomplish one or more tasks under specific conditions and to specific performance standards. A capability may be achieved with any combination of properly planned, organized, equipped, trained, and exercised personnel that achieves the intended outcome.
(2) Credentialed; credentialing
The terms “credentialed” and “credentialing” have the meanings given those terms in section 311 of this title.
(3) Hazard
The term “hazard” has the meaning given that term under section 5195a(a)(1) of title 42.
(4) Mission assignment
The term “mission assignment” means a work order issued to a Federal agency by the Agency, directing completion by that agency of a specified task and setting forth funding, other managerial controls, and guidance.
(5) National preparedness goal
The term “national preparedness goal” means the national preparedness goal established under section 743 of this title.
(6) National preparedness system
The term “national preparedness system” means the national preparedness system established under section 744 of this title.
(7) National training program
The term “national training program” means the national training program established under section 748(a) of this title.
(8) Operational readiness
The term “operational readiness” means the capability of an organization, an asset, a system, or equipment to perform the missions or functions for which it is organized or designed.
(9) Performance measure
The term “performance measure” means a quantitative or qualitative characteristic used to gauge the results of an outcome compared to its intended purpose.
(10) Performance metric
The term “performance metric” means a particular value or characteristic used to measure the outcome that is generally expressed in terms of a baseline and a target.
(11) Prevention
The term “prevention” means any activity undertaken to avoid, prevent, or stop a threatened or actual act of terrorism.
(12) Resources
The term “resources” has the meaning given that term in section 311 of this title.
(13) Type
The term “type” means a classification of resources that refers to the capability of a resource.
(14) Typed; typing
The terms “typed” and “typing” have the meanings given those terms in section 311 of this title.
(Pub. L. 109–295, title VI, § 641, Oct. 4, 2006, 120 Stat. 1424; Pub. L. 110–53, title IV, § 401(b), Aug. 3, 2007, 121 Stat. 302.)
heading: Editorial Notes
heading: Amendments
text: 2007—Pars. (2) to (14). Pub. L. 110–53 added pars. (2) and (12) to (14) and redesignated former pars. (2) to (10) as (3) to (11), respectively.
6 U.S.C. § 742 (DOMESTIC SECURITY)
§ 742. National preparedness
In order to prepare the Nation for all hazards, including natural disasters, acts of terrorism, and other man-made disasters, the President, consistent with the declaration of policy under section 5195 of title 42 and title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.), as amended by this Act, shall develop a national preparedness goal and a national preparedness system.
(Pub. L. 109–295, title VI, § 642, Oct. 4, 2006, 120 Stat. 1425.)
heading: Editorial Notes
heading: References in Text
text: The Homeland Security Act of 2002, referred to in text, is Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, as amended. Title V of the Act is classified generally to subchapter V (§ 311 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.
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 this Act to the Code, see Short Title and References in Pub. L. 109–295 notes set out under section 701 of this title and Tables.
6 U.S.C. § 748a (DOMESTIC SECURITY)
§ 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 hospitals, nursing homes, and other long-term care facilities to ensure that such health care facilities remain functioning or return to functioning as soon as practicable during power outages caused by natural hazards, including severe weather events;
(2) how hospitals, nursing homes and other long-term care facilities should adequately prepare for power outages during a major disaster or emergency, as those terms are defined in section 5122 of title 42; and
(3) how State, local, and Indian tribal governments, first responders, utility companies, hospitals, nursing homes, and other long-term care facilities should develop a strategy to coordinate emergency response plans, including the activation of emergency response plans, in anticipation of a major disaster, including severe weather events.
(Pub. L. 115–254, div. D, § 1208, Oct. 5, 2018, 132 Stat. 3441.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Disaster Recovery Reform Act of 2018 and also as part of the FAA Reauthorization Act of 2018, and not as part of the Post-Katrina Emergency Management Reform Act of 2006 which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
heading: Definitions
text: 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.
6 U.S.C. § 751 (DOMESTIC SECURITY)
§ 751. Federal response capability inventory
(a) In general
In accordance with section 5196(h)(1)(C) of title 42, the Administrator shall accelerate the completion of the inventory of Federal response capabilities.
(b) Contents
For each Federal agency with responsibilities under the National Response Plan, the inventory shall include—
(1) for each capability—
(A) the performance parameters of the capability;
(B) the timeframe within which the capability can be brought to bear on an incident; and
(C) the readiness of the capability to respond to all hazards, including natural disasters, acts of terrorism, and other man-made disasters;
(2) a list of personnel credentialed in accordance 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 maintained by the Federal Government and, if appropriate, 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 organizations and functions within the Department of Defense that may be used, pursuant to the authority provided under the National Response 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 inventory database to allow—
(1) real-time exchange of information regarding—
(A) capabilities;
(B) readiness;
(C) the compatibility of equipment;
(D) credentialed personnel; and
(E) typed resources;
(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.)
heading: Editorial Notes
heading: Amendments
text: 2007—Subsec. (b). Pub. L. 110–53, § 405(1)(A), substituted “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 provisions and added subpars. (A) to (E).
Subsec. (d)(2). Pub. L. 110–53, § 405(2)(B), inserted “of capabilities, credentialed personnel, and typed resources” after “rapid deployment”.
Subsec. (d)(3). Pub. L. 110–53, § 405(2)(C), substituted “the inventory described in subsection (a)” for “inventories”.
6 U.S.C. § 754 (DOMESTIC SECURITY)
§ 754. Use of existing resources
In establishing the national preparedness goal and national preparedness system, the Administrator shall use existing preparedness documents, planning tools, and guidelines to the extent practicable and consistent with this Act.
(Pub. L. 109–295, title VI, § 654, Oct. 4, 2006, 120 Stat. 1432.)
heading: Editorial Notes
heading: References in Text
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.
6 U.S.C. § 761 (DOMESTIC SECURITY)
§ 761. 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.
(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.)
heading: Editorial Notes
heading: References in Text
text: The Joint Resolution entitled “Joint Resolution granting the consent of Congress to the Emergency Management Assistance Compact”, referred to in subsec. (a), is Pub. L. 104–321, Oct. 19, 1996, 110 Stat. 3877, which is not classified to the Code.
heading: Amendments
text: 2018—Subsec. (d). Pub. L. 115–254 substituted “for each of fiscal years 2018 through 2022” for “for fiscal year 2008”.
6 U.S.C. § 763a (DOMESTIC SECURITY)
§ 763a. Training for Federal Government, foreign governments, or private entities
In fiscal year 2013 and thereafter: (a) the Center 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 subsection 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 ensure that any training provided under (a) does not interfere with the primary mission of the Center to train State and local emergency response providers; and (c) subject to (b), nothing in (a) prohibits the Center for Domestic Preparedness 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.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Department of Homeland Security Appropriations Act, 2013, and not as part of the Post-Katrina Emergency Management Reform Act of 2006 which comprises this chapter.
6 U.S.C. § 773 (DOMESTIC SECURITY)
§ 773. Individuals with disabilities guidelines
Not later than 90 days after October 4, 2006, and in coordination with the National Advisory Council, the National Council on Disability, the Interagency Coordinating Council on Preparedness and Individuals With Disabilities established under Executive Order No. 13347, and the Disability Coordinator (established under section 321b of this title), the Administrator shall develop guidelines to accommodate individuals with disabilities, which shall include guidelines for—
(1) the accessibility of, and communications and programs in, shelters, recovery centers, and other facilities; and
(2) devices used in connection with disaster operations, including first aid stations, mass feeding areas, portable payphone stations, portable toilets, and temporary housing.
(Pub. L. 109–295, title VI, § 689(a), Oct. 4, 2006, 120 Stat. 1448.)
heading: Editorial Notes
heading: References in Text
text: Executive Order No. 13347, referred to in text, is set out as a note under section 314 of this title.
6 U.S.C. § 792 (DOMESTIC SECURITY)
§ 792. Limitations on tiering of subcontractors
(a) Regulations
The Secretary shall promulgate regulations applicable to contracts described in subsection (c) to minimize the excessive use by contractors of subcontractors or tiers of subcontractors to perform the principal work of the contract.
(b) Specific requirement
At a minimum, the regulations promulgated under subsection (a) shall preclude a contractor from using subcontracts for more than 65 percent of the cost of the contract or the cost of any individual task or delivery order (not including overhead and profit), unless the Secretary determines that such requirement is not feasible or practicable.
(c) Covered contracts
This section applies to any cost-reimbursement type contract or task or delivery order in an amount greater than the simplified acquisition threshold (as defined by section 134 of title 41) entered into by the Department to facilitate response to or recovery from a natural disaster or act of terrorism or other man-made disaster.
(Pub. L. 109–295, title VI, § 692, Oct. 4, 2006, 120 Stat. 1458.)
heading: Editorial Notes
heading: Codification
text: In subsec. (c), “section 134 of title 41” substituted for “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
6 U.S.C. § 794 (DOMESTIC SECURITY)
§ 794. Limitation on length of certain noncompetitive contracts
(a) Regulations
The Secretary shall promulgate regulations applicable to contracts described in subsection (c) to restrict the contract period of any such contract entered into using procedures other than competitive procedures pursuant to the exception provided in paragraph (2) of section 3304(a) of title 41 to the minimum contract period necessary—
(1) to meet the urgent and compelling requirements of the work to be performed under the contract; and
(2) to enter into another contract for the required goods or services through the use of competitive procedures.
(b) Specific contract period
The regulations promulgated under subsection (a) shall require the contract period to not to exceed 1 150 days, unless the Secretary determines that exceptional circumstances apply.
(c) Covered contracts
This section applies to any contract in an amount greater than the simplified acquisition threshold (as defined by section 134 of title 41) entered into by the Department to facilitate response to or recovery from a natural disaster, act of terrorism, or other man-made disaster.
(Pub. L. 109–295, title VI, § 695, Oct. 4, 2006, 120 Stat. 1460.)
heading: Editorial Notes
heading: Codification
text: In subsec. (a), “paragraph (2) of section 3304(a) of title 41” substituted for “paragraph (2) of section 303(c) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c))” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
In subsec. (c), “section 134 of title 41” substituted for “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
6 U.S.C. § 795 (DOMESTIC SECURITY)
§ 795. Fraud, waste, and abuse controls
(a) In general
The Administrator shall ensure that—
(1) all programs within the Agency administering Federal disaster relief assistance develop and maintain proper internal management controls to prevent and detect fraud, waste, and abuse;
(2) application databases used by the Agency to collect information on eligible recipients must record disbursements;
(3) such tracking is designed to highlight and identify ineligible applications; and
(4) the databases used to collect information from applications for such assistance must be integrated with disbursements and payment records.
(b) Audits and reviews required
The Administrator shall ensure that any database or similar application processing system for Federal disaster relief assistance programs administered by the Agency undergoes a review by the Inspector General of the Agency to determine the existence and implementation of such internal controls required under this section and the amendments made by this section.
(Pub. L. 109–295, title VI, § 696, Oct. 4, 2006, 120 Stat. 1460.)
heading: Editorial Notes
heading: References in Text
text: For the amendments made by this section, referred to in subsec. (b), see Codification note below.
heading: Codification
text: Section is comprised of section 696 of Pub. L. 109–295. Subsec. (c) of section 696 of Pub. L. 109–295 amended section 5174 of Title 42, The Public Health and Welfare.
6 U.S.C. § 796 (DOMESTIC SECURITY)
§ 796. Registry of disaster response contractors
(a) Definitions
In this section—
(1) the term “registry” means the registry created under subsection (b); and
(2) the terms “small business concern”, “small business concern owned and controlled by socially and economically disadvantaged individuals”, “small business concern owned and controlled by women”, and “small business concern owned and controlled by service-disabled veterans” have the meanings given those terms under the Small Business Act (15 U.S.C. 631 et seq.).
(b) Registry
(1) In general
The Administrator shall establish and maintain a registry of contractors who are willing to perform debris removal, distribution of supplies, reconstruction, and other disaster or emergency relief activities.
(2) Contents
The registry shall include, for each business concern—
(A) the name of the business concern;
(B) the location of the business concern;
(C) the area served by the business concern;
(D) the type of good or service provided by the business concern;
(E) the bonding level of the business concern; and
(F) whether the business concern is—
(i) a small business concern;
(ii) a small business concern owned and controlled by socially and economically disadvantaged individuals;
(iii) a small business concern owned and controlled by women; or
(iv) a small business concern owned and controlled by service-disabled veterans.
(3) Source of information
(A) Submission
Information maintained in the registry shall be submitted on a voluntary basis and be kept current by the submitting business concerns.
(B) Attestation
Each business concern submitting information to the registry shall submit—
(i) an attestation that the information is true; and
(ii) documentation supporting such attestation.
(C) Verification
The Administrator shall verify that the documentation submitted by each business concern supports the information submitted by that business concern.
(4) Availability of registry
The registry shall be made generally available on the Internet site of the Agency.
(5) Consultation of registry
As part of the acquisition planning for contracting for debris removal, distribution of supplies in a disaster, reconstruction, and other disaster or emergency relief activities, a Federal agency shall consult the registry.
(Pub. L. 109–295, title VI, § 697, Oct. 4, 2006, 120 Stat. 1461.)
heading: Editorial Notes
heading: References in Text
text: The Small Business Act, referred to in subsec. (a)(2), is Pub. L. 85–536, § 2(1 et seq.), July 18, 1958, 72 Stat. 384, which is classified generally to chapter 14A (§ 631 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 631 of Title 15 and Tables.
6 U.S.C. § 811 (DOMESTIC SECURITY)
§ 811. Authorization of appropriations
There are authorized to be appropriated to carry out this title 1 and the amendments made by this title for the administration and operations of the Agency—
(1) for fiscal year 2008, an amount equal to the amount appropriated for fiscal year 2007 for administration and operations of the Agency, multiplied by 1.1;
(2) for fiscal year 2009, an amount equal to the amount described in paragraph (1), multiplied by 1.1; and
(3) for fiscal year 2010, an amount equal to the amount described in paragraph (2), multiplied by 1.1.
(Pub. L. 109–295, title VI, § 699, Oct. 4, 2006, 120 Stat. 1462.)
heading: Editorial Notes
heading: References in Text
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 under section 701 of this title and Tables.
6 U.S.C. § 921a (DOMESTIC SECURITY)
§ 921a. Integration of detection equipment and technologies
(a) Responsibility of Secretary
The Secretary of Homeland Security shall have responsibility for ensuring that domestic chemical, biological, radiological, and nuclear detection equipment and technologies are integrated, as appropriate, with other border security systems and detection technologies.
(b) Report
Not later than 6 months after August 3, 2007, the Secretary shall submit a report to Congress that contains a plan to develop a departmental technology assessment process to determine and certify the technology readiness levels of chemical, biological, radiological, and nuclear detection technologies before the full deployment of such technologies within the United States.
(Pub. L. 110–53, title XI, § 1104, Aug. 3, 2007, 121 Stat. 380.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Implementing Recommendations of the 9/11 Commission Act of 2007, and not as part of the Security and Accountability For Every Port Act of 2006, also known as the SAFE Port Act, which comprises this chapter.