6 Usc 762

6 USC 762.pdf

FEMA Preparedness Grants: Emergency Management Performance Grant (EMPG)

6 USC 762

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§ 762

TITLE 6—DOMESTIC SECURITY

(H) To the extent practicable, the utilization of Department of Defense, National Air
and Space Administration, National Oceanic
and Atmospheric Administration, and commercial aircraft and satellite remotely
sensed imagery.
(I) The coordination and integration of
support from the private sector and nongovernmental organizations.
(J) The safe disposal of debris, including
hazardous materials, and, when practicable,
the recycling of debris.
(K) The identification of the required
surge capacity.
(L) Specific provisions for the recovery of
affected geographic areas.
(c) Mission assignments
To expedite the provision of assistance under
the National Response Plan, the President shall
ensure that the Administrator, in coordination
with Federal agencies with responsibilities
under the National Response Plan, develops
prescripted mission assignments, including logistics, communications, mass care, health services, and public safety.
(d) Certification
The President shall certify to the Committee
on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives on an annual basis that each Federal agency with responsibilities under the National Response Plan complies with subsections
(a) and (b).
(e) Construction
Nothing in this section shall be construed to
limit the authority of the Secretary of Defense
with regard to—
(1) the command, control, training, planning, equipment, exercises, or employment of
Department of Defense forces; or
(2) the allocation of Department of Defense
resources.
(Pub. L. 109–295, title VI, § 653, Oct. 4, 2006, 120
Stat. 1430; Pub. L. 110–53, title IV, § 407, Aug. 3,
2007, 121 Stat. 304.)
AMENDMENTS
2007—Subsec. (a). Pub. L. 110–53, § 407(1)(A), struck out
‘‘coordinating, primary, or supporting’’ before ‘‘responsibilities’’ in introductory provisions.
Subsec. (a)(2). Pub. L. 110–53, § 407(1)(B), inserted
‘‘, including credentialing of personnel and typing of
resources likely needed to respond to a natural disaster, act of terrorism, or other man-made disaster in accordance with section 320 of this title’’ before semicolon at end.
Subsec. (a)(5). Pub. L. 110–53, § 407(1)(C)–(E), added par.
(5).
Subsec. (d). Pub. L. 110–53, § 407(2), inserted ‘‘to the
Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland
Security and the Committee on Transportation and Infrastructure of the House of Representatives’’ after
‘‘certify’’ and struck out ‘‘coordinating, primary, or
supporting’’ before ‘‘responsibilities’’.

trator 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.)
REFERENCES IN TEXT
This Act, referred to in text, means title VI of Pub.
L. 109–295, Oct. 4, 2006, 120 Stat. 1394, known as the PostKatrina 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.

PART B—ADDITIONAL PREPAREDNESS
§ 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 fiscal year
2008. Such sums shall remain available until expended.
(Pub. L. 109–295, title VI, § 661, Oct. 4, 2006, 120
Stat. 1432.)
REFERENCES IN 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.

§ 754. Use of existing resources

§ 762. Emergency management
grants program

In establishing the national preparedness goal
and national preparedness system, the Adminis-

(a) Definitions
In this section—

performance

§ 763

TITLE 6—DOMESTIC SECURITY

(1) the term ‘‘program’’ means the emergency management performance grants program described in subsection (b); and
(2) the term ‘‘State’’ has the meaning given
that term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5122).
(b) In general
The Administrator of the Federal Emergency
Management Agency shall continue implementation of an emergency management performance 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 Emergency 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 thereafter, 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 remainder 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 appropriation 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—
(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, $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.)
REFERENCES IN TEXT
The Robert T. Stafford Disaster Relief and Emergency 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

Page 230

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 classification of this Act to the Code, see Short Title note set
out under section 5121 of Title 42 and Tables.
AMENDMENTS
2007—Pub. L. 110–53 amended section catchline and
text generally. Prior to amendment, text read as follows: ‘‘There is authorized to be appropriated for the
Emergency Management Performance Grants Program
for fiscal year 2008, an amount equal to the amount appropriated 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 Center for Domestic Preparedness shall integrate
the Noble Training Center into the program
structure of the Center for Domestic Preparedness.
(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 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.)
CODIFICATION
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.

§ 764. National exercise simulation center
The President shall establish a national exercise simulation center that—
(1) uses a mix of live, virtual, and constructive simulations to—
(A) prepare elected officials, emergency
managers, emergency response providers,
and emergency support providers at all levels of government to operate cohesively;
(B) provide a learning environment for the
homeland security personnel of all Federal
agencies;


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