6 U.S.C. 311-321j

§ 301b

TITLE 6—DOMESTIC SECURITY

ministrator of General Services, as applicable,
shall submit an annual report identifying the
activities undertaken and agreements entered
into pursuant to subsections (a) and (b) to—
(A) the Committee on Appropriations of
the Senate;
(B) the Committee on Environment and
Public Works of the Senate;
(C) the Committee on Finance of the Senate;
(D) the Committee on Homeland Security
and Governmental Affairs of the Senate;
(E) the Committee on the Judiciary of the
Senate;
(F) the Committee on Appropriations of
the House of Representatives;
(G) the Committee on Homeland Security
of the House of Representatives;
(H) the Committee on the Judiciary of the
House of Representatives;
(I) the Committee on Transportation and
Infrastructure of the House of Representatives; and
(J) the Committee on Ways and Means of
the House of Representatives.
(d) GAO report
The Comptroller General of the United States
shall submit an annual report to the congressional committees referred to in subsection
(c)(7) that evaluates—
(1) fee agreements entered into pursuant to
section 301 of this title;
(2) donation agreements entered into pursuant to subsections (a) and (b); and
(3) the fees and donations received by U.S.
Customs and Border Protection pursuant to
such agreements.
(e) Judicial review
Decisions of the Commissioner of U.S. Customs and Border Protection and the Administrator of the General Services Administration
under this section regarding the acceptance of
real or personal property are in the discretion of
the Commissioner and the Administrator and
are not subject to judicial review.
(f) Rule of construction
Except as otherwise provided in this section,
nothing in this section may be construed as affecting in any manner the responsibilities, duties, or authorities of U.S. Customs and Border
Protection or the General Services Administration.
(Pub. L. 107–296, title IV, § 482, as added Pub. L.
114–279, § 2(a), Dec. 16, 2016, 130 Stat. 1417; amended Pub. L. 116–260, div. O, title III, § 301, Dec. 27,
2020, 134 Stat. 2149.)
Editorial Notes
AMENDMENTS
2020—Subsec. (b)(4)(A). Pub. L. 116–260, which directed
substitution of ‘‘December 16, 2021’’ for ‘‘4 years after
December 16, 2016’’, was executed by making the substitution for original text reading ‘‘4 years after the date
of the enactment of this section’’, which had been
translated as ‘‘4 years after December 16, 2016’’, to reflect the probable intent of Congress.

§ 301b. Current and proposed agreements
Nothing in this part or in section 4 of the
Cross-Border Trade Enhancement Act of 2016
may be construed as affecting—

Page 140

(1) any agreement entered into pursuant to
section 560 of division D of the Consolidated
and Further Continuing Appropriations Act,
2013 (Public Law 113–6) or section 559 of title V
of division F of the Consolidated Appropriations Act, 2014 (6 U.S.C. 211 note; Public Law
113–76), as in existence on the day before December 16, 2016, and any such agreement shall
continue to have full force and effect on and
after such date; or
(2) a proposal accepted for consideration by
U.S. Customs and Border Protection pursuant
to such section 559, as in existence on the day
before December 16, 2016.
(Pub. L. 107–296, title IV, § 483, as added Pub. L.
114–279, § 2(a), Dec. 16, 2016, 130 Stat. 1421.)
Editorial Notes
REFERENCES IN TEXT
Section 4 of the Cross-Border Trade Enhancement
Act of 2016, referred to in text, is section 4 of Pub. L.
114–279, Dec. 16, 2016, 130 Stat. 1422, which repealed section 560 of division D of Pub. L. 113–6 and section 559 of
title V of division F of Pub. L. 113–76. Section 560 of
Pub. L. 113–6, was not classified to the Code. Section 559
of Pub. L. 113–76 was classified as a note under section
211 of this title.

§ 301c. Definitions
In this part:
(1) Donor
The term ‘‘donor’’ means any entity that is
proposing to make a donation under this chapter.
(2) Entity
The term ‘‘entity’’ means any—
(A) person;
(B) partnership, corporation, trust, estate,
cooperative, association, or any other organized group of persons;
(C) Federal, State or local government (including any subdivision, agency or instrumentality thereof); or
(D) any other private or governmental entity.
(Pub. L. 107–296, title IV, § 484, as added Pub. L.
114–279, § 2(a), Dec. 16, 2016, 130 Stat. 1421.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in par. (1), was in the original ‘‘this Act’’, meaning Pub. L. 107–296, Nov. 25, 2002,
116 Stat. 2135, known as the Homeland Security Act of
2002, which is classified principally to this chapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 101 of this title
and Tables.

SUBCHAPTER V—NATIONAL EMERGENCY
MANAGEMENT
Editorial Notes
CODIFICATION
Pub. L. 109–295, title VI, § 611(1), Oct. 4, 2006, 120 Stat.
1395, substituted ‘‘NATIONAL EMERGENCY MANAGEMENT’’ for ‘‘EMERGENCY PREPAREDNESS AND RESPONSE’’ in subchapter heading.

§ 311. Definitions
In this subchapter—

Page 141

(1) the term ‘‘Administrator’’ means the Administrator of the Agency;
(2) the term ‘‘Agency’’ means the Federal
Emergency Management Agency;
(3) the term ‘‘catastrophic incident’’ means
any natural disaster, act of terrorism, or other
man-made disaster that results in extraordinary levels of casualties or damage or disruption severely affecting the population (including mass evacuations), infrastructure, environment, economy, national morale, or government functions in an area;
(4) the terms ‘‘credentialed’’ and ‘‘credentialing’’ mean having provided, or providing, respectively, documentation that identifies personnel and authenticates and verifies
the qualifications of such personnel by ensuring that such personnel possess a minimum
common level of training, experience, physical
and medical fitness, and capability appropriate for a particular position in accordance
with standards created under section 320 of
this title;
(5) the term ‘‘Federal coordinating officer’’
means a Federal coordinating officer as described in section 5143 of title 42;
(6) the term ‘‘interoperable’’ has the meaning given the term ‘‘interoperable communications’’ under section 194(g)(1) of this title;
(7) the term ‘‘National Incident Management
System’’ means a system to enable effective,
efficient, and collaborative incident management;
(8) the term ‘‘National Response Plan’’
means the National Response Plan or any successor plan prepared under section 314(a)(6) 1 of
this title;
(9) the term ‘‘Regional Administrator’’
means a Regional Administrator appointed
under section 317 of this title;
(10) the term ‘‘Regional Office’’ means a Regional Office established under section 317 of
this title;
(11) the term ‘‘resources’’ means personnel
and major items of equipment, supplies, and
facilities available or potentially available for
responding to a natural disaster, act of terrorism, or other man-made disaster;
(12) 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 incident;
(13) the term ‘‘tribal government’’ means the
government of any entity described in section
101(13)(B) of this title; and
(14) the terms ‘‘typed’’ and ‘‘typing’’ mean
having evaluated, or evaluating, respectively,
a resource in accordance with standards created under section 320 of this title.
(Pub. L. 107–296, title V, § 501,
109–295, title VI, § 611(10), Oct.
1395; amended Pub. L. 110–53,
title V, § 502(c)(1), Aug. 3, 2007,
1 See

References in Text note below.

§ 312

TITLE 6—DOMESTIC SECURITY

as added Pub. L.
4, 2006, 120 Stat.
title IV, § 401(a),
121 Stat. 301, 311;

Pub. L. 114–328, div. A, title XIX, § 1913(b)(2), Dec.
23, 2016, 130 Stat. 2687.)
Editorial Notes
REFERENCES IN TEXT
Section 314(a)(6) of this title, referred to in par. (8),
was in the original ‘‘section 502(a)(6)’’ and was translated as meaning section 502 of Pub. L. 107–296 prior to
its redesignation as section 504 by Pub. L. 109–295,
§ 611(8), and not section 506 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 Congress.
PRIOR PROVISIONS
A prior section 311, Pub. L. 107–296, title V, § 501, Nov.
25, 2002, 116 Stat. 2212, provided for an Under Secretary
for Emergency Preparedness and Response, prior to repeal by Pub. L. 109–295, title VI, § 611(2), Oct. 4, 2006, 120
Stat. 1395.
AMENDMENTS
2016—Par. (13). Pub. L. 114–328 substituted ‘‘101(13)(B)’’
for ‘‘101(11)(B)’’.
2007—Pars. (4) to (12). Pub. L. 110–53, § 401(a)(1)–(4),
added pars. (4) and (11) and redesignated former pars. (4)
to (10) as (5) to (10) and (12), respectively. Former par.
(11) redesignated (13).
Par. (13). Pub. L. 110–53, § 502(c)(1), substituted
‘‘101(11)(B)’’ for ‘‘101(10)(B)’’.
Pub. L. 110–53, § 401(a)(1), redesignated par. (11) as (13).
Par. (14). Pub. L. 110–53, § 401(a)(5)–(7), added par. (14).
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 Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under
section 313 of this title.
INTERIM ACTIONS
Pub. L. 109–295, title VI, § 612(f)(1), Oct. 4, 2006, 120
Stat. 1411, provided that: ‘‘During the period beginning
on the date of enactment of this Act [Oct. 4, 2006] and
ending on March 31, 2007, the Secretary [of Homeland
Security], the Under Secretary for Preparedness, and
the Director of the Federal Emergency Management
Agency shall take such actions as are necessary to provide for the orderly implementation of any amendment
under this subtitle [subtitle A (§§ 611–614) of title VI of
Pub. L. 109–295, see Tables for classification] that takes
effect on March 31, 2007.’’

§ 312. Definition
In this subchapter, the term ‘‘Nuclear Incident
Response Team’’ means a resource that includes—
(1) those entities of the Department of Energy that perform nuclear or radiological
emergency support functions (including accident response, search response, advisory, and
technical operations functions), radiation exposure functions at the medical assistance facility known as the Radiation Emergency Assistance Center/Training Site (REAC/TS), radiological assistance functions, and related
functions; and
(2) those entities of the Environmental Protection Agency that perform such support
functions (including radiological emergency
response functions) and related functions.

§ 313

TITLE 6—DOMESTIC SECURITY

(Pub. L. 107–296, title V, § 502, formerly § 506, Nov.
25, 2002, 116 Stat. 2214; renumbered § 502, Pub. L.
109–295, title VI, § 611(9), Oct. 4, 2006, 120 Stat.
1395.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 316 of this
title prior to renumbering by Pub. L. 109–295.
PRIOR PROVISIONS
A prior section 502 of Pub. L. 107–296 was renumbered
section 504 and is classified to section 314 of this title.

§ 313. Federal Emergency Management Agency
(a) In general
There is in the Department the Federal Emergency Management Agency, headed by an Administrator.
(b) Mission
(1) Primary mission
The primary mission of the Agency is to reduce the loss of life and property and protect
the Nation from all hazards, including natural
disasters, acts of terrorism, and other manmade disasters, by leading and supporting the
Nation in a risk-based, comprehensive emergency management system of preparedness,
protection, response, recovery, and mitigation.
(2) Specific activities
In support of the primary mission of the
Agency, the Administrator shall—
(A) lead the Nation’s efforts to prepare for,
protect against, respond to, recover from,
and mitigate against the risk of natural disasters, acts of terrorism, and other manmade disasters, including catastrophic incidents;
(B) partner with State, local, and tribal
governments and emergency response providers, with other Federal agencies, with the
private sector, and with nongovernmental
organizations to build a national system of
emergency management that can effectively
and efficiently utilize the full measure of the
Nation’s resources to respond to natural disasters, acts of terrorism, and other manmade disasters, including catastrophic incidents;
(C) develop a Federal response capability
that, when necessary and appropriate, can
act effectively and rapidly to deliver assistance essential to saving lives or protecting
or preserving property or public health and
safety in a natural disaster, act of terrorism,
or other man-made disaster;
(D) integrate the Agency’s emergency preparedness, protection, response, recovery,
and mitigation responsibilities to confront
effectively the challenges of a natural disaster, act of terrorism, or other man-made disaster;
(E) develop and maintain robust Regional
Offices that will work with State, local, and
tribal governments, emergency response providers, and other appropriate entities to
identify and address regional priorities;

Page 142

(F) under the leadership of the Secretary,
coordinate with the Commandant of the
Coast Guard, the Director of Customs and
Border Protection, the Director of Immigration and Customs Enforcement, the National
Operations Center, and other agencies and
offices in the Department to take full advantage of the substantial range of resources in
the Department;
(G) provide funding, training, exercises,
technical assistance, planning, and other assistance to build tribal, local, State, regional, and national capabilities (including
communications capabilities), necessary to
respond to a natural disaster, act of terrorism, or other man-made disaster; and
(H) develop and coordinate the implementation of a risk-based, all-hazards strategy
for preparedness that builds those common
capabilities necessary to respond to natural
disasters, acts of terrorism, and other manmade disasters while also building the
unique capabilities necessary to respond to
specific types of incidents that pose the
greatest risk to our Nation.
(c) Administrator
(1) In general
The Administrator shall be appointed by the
President, by and with the advice and consent
of the Senate.
(2) Qualifications
The Administrator shall be appointed from
among individuals who have—
(A) a demonstrated ability in and knowledge of emergency management and homeland security; and
(B) not less than 5 years of executive leadership and management experience in the
public or private sector.
(3) Reporting
The Administrator shall report to the Secretary, without being required to report
through any other official of the Department.
(4) Principal advisor on emergency management
(A) In general
The Administrator is the principal advisor
to the President, the Homeland Security
Council, and the Secretary for all matters
relating to emergency management in the
United States.
(B) Advice and recommendations
(i) In general
In presenting advice with respect to any
matter to the President, the Homeland Security Council, or the Secretary, the Administrator shall, as the Administrator
considers appropriate, inform the President, the Homeland Security Council, or
the Secretary, as the case may be, of the
range of emergency preparedness, protection, response, recovery, and mitigation
options with respect to that matter.
(ii) Advice on request
The Administrator, as the principal advisor on emergency management, shall

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TITLE 6—DOMESTIC SECURITY

provide advice to the President, the Homeland Security Council, or the Secretary on
a particular matter when the President,
the Homeland Security Council, or the
Secretary requests such advice.
(iii) Recommendations to Congress
After informing the Secretary, the Administrator may make such recommendations to Congress relating to emergency
management as the Administrator considers appropriate.
(5) Cabinet status
(A) In general
The President may designate the Administrator to serve as a member of the Cabinet
in the event of natural disasters, acts of terrorism, or other man-made disasters.
(B) Retention of authority
Nothing in this paragraph shall be construed as affecting the authority of the Secretary under this chapter.
(Pub. L. 107–296, title V, § 503, as added Pub. L.
109–295, title VI, § 611(11), Oct. 4, 2006, 120 Stat.
1396.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (c)(5)(B), was in
the original ‘‘this Act’’, meaning Pub. L. 107–296, Nov.
25, 2002, 116 Stat. 2135, known as the Homeland Security
Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 101 of this
title and Tables.
PRIOR PROVISIONS
A prior section 313, Pub. L. 107–296, title V, § 503, Nov.
25, 2002, 116 Stat. 2213; Pub. L. 108–276, § 3(c)(3), July 21,
2004, 118 Stat. 853; Pub. L. 109–417, title III, § 301(c)(2),
Dec. 19, 2006, 120 Stat. 2854, related to the transfer of
certain functions to the Secretary of Homeland Security, prior to repeal by Pub. L. 109–295, title VI, § 611(3),
Oct. 4, 2006, 120 Stat. 1395.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat.
1410, provided that: ‘‘Any reference to the Director of
the Federal Emergency Management Agency, in any
law, rule, regulation, certificate, directive, instruction,
or other official paper shall be considered to refer and
apply to the Administrator of the Federal Emergency
Management Agency.’’
Pub. L. 109–295, title VI, § 612(f)(2), Oct. 4, 2006, 120
Stat. 1411, provided that: ‘‘Any reference to the Administrator of the Federal Emergency Management Agency
in this title [see Tables for classification] or an amendment by this title shall be considered to refer and apply
to the Director of the Federal Emergency Management
Agency until March 31, 2007.’’
EFFECTIVE DATE
Section effective Mar. 31, 2007, see section 614(b)(1) of
Pub. L. 109–295, set out as a note under section 701 of
this title.

§ 314. Authority and responsibilities
(a) In general
The Administrator shall provide Federal leadership necessary to prepare for, protect against,

§ 314

respond to, recover from, or mitigate against a
natural disaster, act of terrorism, or other manmade disaster, including—
(1) helping to ensure the effectiveness of
emergency response providers to terrorist attacks, major disasters, and other emergencies;
(2) with respect to the Nuclear Incident Response Team (regardless of whether it is operating as an organizational unit of the Department pursuant to this subchapter)—
(A) establishing standards and certifying
when those standards have been met;
(B) conducting joint and other exercises
and training and evaluating performance;
and
(C) providing funds to the Department of
Energy and the Environmental Protection
Agency, as appropriate, for homeland security planning, exercises and training, and
equipment;
(3) providing the Federal Government’s response to terrorist attacks and major disasters, including—
(A) managing such response;
(B) directing the Domestic Emergency
Support Team and (when operating as an organizational unit of the Department pursuant to this subchapter) the Nuclear Incident
Response Team;
(C) overseeing the Metropolitan Medical
Response System; and
(D) coordinating other Federal response
resources, including requiring deployment of
the Strategic National Stockpile, in the
event of a terrorist attack or major disaster;
(4) aiding the recovery from terrorist attacks and major disasters;
(5) building a comprehensive national incident management system with Federal, State,
and local government personnel, agencies, and
authorities, to respond to such attacks and
disasters;
(6) consolidating existing Federal Government emergency response plans into a single,
coordinated national response plan;
(7) helping ensure the acquisition of operable
and interoperable communications capabilities by Federal, State, local, and tribal governments and emergency response providers;
(8) assisting the President in carrying out
the functions under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) and carrying out all
functions and authorities given to the Administrator under that Act;
(9) carrying out the mission of the Agency to
reduce the loss of life and property and protect
the Nation from all hazards by leading and
supporting the Nation in a risk-based, comprehensive emergency management system of—
(A) mitigation, by taking sustained actions to reduce or eliminate long-term risks
to people and property from hazards and
their effects;
(B) preparedness, by planning, training,
and building the emergency management
profession to prepare effectively for, mitigate against, respond to, and recover from
any hazard;
(C) response, by conducting emergency operations to save lives and property through

§ 314

TITLE 6—DOMESTIC SECURITY

positioning emergency equipment, personnel, and supplies, through evacuating potential victims, through providing food, water,
shelter, and medical care to those in need,
and through restoring critical public services; and
(D) recovery, by rebuilding communities
so individuals, businesses, and governments
can function on their own, return to normal
life, and protect against future hazards;
(10) increasing efficiencies, by coordinating
efforts relating to preparedness, protection,
response, recovery, and mitigation;
(11) helping to ensure the effectiveness of
emergency response providers in responding to
a natural disaster, act of terrorism, or other
man-made disaster;
(12) supervising grant programs administered by the Agency;
(13) administering and ensuring the implementation of the National Response Plan, including coordinating and ensuring the readiness of each emergency support function under
the National Response Plan;
(14) coordinating with the National Advisory
Council established under section 318 of this
title;
(15) preparing and implementing the plans
and programs of the Federal Government for—
(A) continuity of operations;
(B) continuity of government; and
(C) continuity of plans;
(16) minimizing, to the extent practicable,
overlapping planning and reporting requirements applicable to State, local, and tribal
governments and the private sector;
(17) maintaining and operating within the
Agency the National Response Coordination
Center or its successor;
(18) developing a national emergency management system that is capable of preparing
for, protecting against, responding to, recovering from, and mitigating against catastrophic
incidents;
(19) assisting the President in carrying out
the functions under the national preparedness
goal and the national preparedness system and
carrying out all functions and authorities of
the Administrator under the national preparedness System;
(20) carrying out all authorities of the Federal Emergency Management Agency and the
Directorate of Preparedness of the Department as transferred under section 315 of this
title; and
(21) otherwise carrying out the mission of
the Agency as described in section 313(b) of
this title.
(b) All-hazards approach
In carrying out the responsibilities under this
section, the Administrator shall coordinate the
implementation of a risk-based, all-hazards
strategy that builds those common capabilities
necessary to prepare for, protect against, respond to, recover from, or mitigate against natural disasters, acts of terrorism, and other manmade disasters, while also building the unique
capabilities necessary to prepare for, protect
against, respond to, recover from, or mitigate

Page 144

against the risks of specific types of incidents
that pose the greatest risk to the Nation.
(Pub. L. 107–296, title V, § 504, formerly § 502, Nov.
25, 2002, 116 Stat. 2212; Pub. L. 108–276, § 3(b)(1),
July 21, 2004, 118 Stat. 852; Pub. L. 108–458, title
VII, § 7303(h)(1), Dec. 17, 2004, 118 Stat. 3846; renumbered § 504 and amended Pub. L. 109–295, title
VI, § 611(8), (12), Oct. 4, 2006, 120 Stat. 1395, 1398;
Pub. L. 109–417, title III, § 301(c)(1), Dec. 19, 2006,
120 Stat. 2854.)
Editorial Notes
REFERENCES IN TEXT
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (a)(8), is
Pub. L. 93–288, May 22, 1974, 88 Stat. 143, as amended,
which is classified principally to chapter 68 (§ 5121 et
seq.) of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see
Short Title note set out under section 5121 of Title 42
and Tables.
CODIFICATION
Section was formerly classified to section 312 of this
title prior to renumbering by Pub. L. 109–295.
PRIOR PROVISIONS
A prior section 504 of Pub. L. 107–296 was renumbered
section 517 and is classified to section 321f of this title.
AMENDMENTS
2006—Pub. L. 109–295, § 611(12)(A), (B), inserted ‘‘Authority and’’ before ‘‘responsibilities’’ in section catchline, designated existing provisions as subsec. (a), inserted subsec. heading, and substituted ‘‘The Administrator shall provide Federal leadership necessary to
prepare for, protect against, respond to, recover from,
or mitigate against a natural disaster, act of terrorism,
or other man-made disaster, including—’’ for ‘‘The Secretary, acting through the Under Secretary for Emergency Preparedness and Response, shall include—’’ in
introductory provisions.
Subsec. (a)(3)(B). Pub. L. 109–417, which directed that
section 502(3)(B) of Pub. L. 107–296 be amended by striking ‘‘, the National Disaster Medical System,’’, was executed by striking those words after ‘‘Domestic Emergency Support Team’’ in subsec. (a)(3)(B) of this section, to reflect the probable intent of Congress and the
redesignation of section 502(3)(B) as 504(a)(3)(B) by Pub.
L. 109–295, § 611(8), (12)(B). See credits and Amendment
note above.
Subsec. (a)(7) to (21). Pub. L. 109–295, § 611(12)(C), (D),
added pars. (7) to (21) and struck out former par. (7)
which read as follows: ‘‘helping to ensure that emergency response providers acquire interoperable communications technology.’’
Subsec. (b). Pub. L. 109–295, § 611(12)(D), added subsec.
(b).
2004—Par. (3)(B). Pub. L. 108–276, § 3(b)(1)(A), struck
out ‘‘the Strategic National Stockpile,’’ after ‘‘Domestic Emergency Support Team,’’.
Par. (3)(D). Pub. L. 108–276, § 3(b)(1)(B), inserted
‘‘, including requiring deployment of the Strategic National Stockpile,’’ after ‘‘resources’’.
Par. (7). Pub. L. 108–458 struck out ‘‘developing comprehensive programs for developing interoperative
communications technology, and’’ before ‘‘helping’’
and substituted ‘‘acquire interoperable communications technology’’ for ‘‘acquire such technology’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2006 AMENDMENT
Pub. L. 109–417, title III, § 301(f), Dec. 19, 2006, 120 Stat.
2855, provided that: ‘‘The amendments made by sub-

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TITLE 6—DOMESTIC SECURITY

sections (b) and (c) [amending this section and former
section 313 of this title and enacting provisions set out
as a note under section 300hh–11 of Title 42, The Public
Health and Welfare] shall take effect on January 1,
2007.’’
Amendment by section 611(12) of Pub. L. 109–295 effective Mar. 31, 2007, see section 614(b)(2) of Pub. L. 109–295,
set out as an Effective Date note under section 701 of
this title.
Executive Documents
EX. ORD. NO. 13347. INDIVIDUALS WITH DISABILITIES IN
EMERGENCY PREPAREDNESS
Ex. Ord. No. 13347, July 22, 2004, 69 F.R. 44573, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and to strengthen emergency preparedness
with respect to individuals with disabilities, it is hereby ordered as follows:
SECTION 1. Policy. To ensure that the Federal Government appropriately supports safety and security for individuals with disabilities in situations involving disasters, including earthquakes, tornadoes, fires, floods,
hurricanes, and acts of terrorism, it shall be the policy
of the United States that executive departments and
agencies of the Federal Government (agencies):
(a) consider, in their emergency preparedness planning, the unique needs of agency employees with disabilities and individuals with disabilities whom the
agency serves;
(b) encourage, including through the provision of
technical assistance, as appropriate, consideration of
the unique needs of employees and individuals with disabilities served by State, local, and tribal governments
and private organizations and individuals in emergency
preparedness planning; and
(c) facilitate cooperation among Federal, State, local,
and tribal governments and private organizations and
individuals in the implementation of emergency preparedness plans as they relate to individuals with disabilities.
SEC. 2. Establishment of Council. (a) There is hereby established, within the Department of Homeland Security for administrative purposes, the Interagency Coordinating Council on Emergency Preparedness and Individuals with Disabilities (the ‘‘Council’’). The Council
shall consist exclusively of the following members or
their designees:
(i) the heads of executive departments, the Administrator of the Environmental Protection Agency, the
Administrator of General Services, the Director of
the Office of Personnel Management, and the Commissioner of Social Security; and
(ii) any other agency head as the Secretary of
Homeland Security may, with the concurrence of the
agency head, designate.
(b) The Secretary of Homeland Security shall chair
the Council, convene and preside at its meetings, determine its agenda, direct its work, and, as appropriate to
particular subject matters, establish and direct subgroups of the Council, which shall consist exclusively
of Council members.
(c) A member of the Council may designate, to perform the Council functions of the member, an employee
of the member’s department or agency who is either an
officer of the United States appointed by the President,
or a full-time employee serving in a position with pay
equal to or greater than the minimum rate payable for
GS–15 of the General Schedule.
SEC. 3. Functions of Council. (a) The Council shall:
(i) coordinate implementation by agencies of the
policy set forth in section 1 of this order;
(ii) whenever the Council obtains in the performance of its functions information or advice from any
individual who is not a full-time or permanent parttime Federal employee, obtain such information and
advice only in a manner that seeks individual advice

and does not involve collective judgment or consensus advice or deliberation; and
(iii) at the request of any agency head (or the agency head’s designee under section 2(c) of this order)
who is a member of the Council, unless the Secretary
of Homeland Security declines the request, promptly
review and provide advice, for the purpose of furthering the policy set forth in section 1, on a proposed action by that agency.
(b) The Council shall submit to the President each
year beginning 1 year after the date of this order,
through the Assistant to the President for Homeland
Security, a report that describes:
(i) the achievements of the Council in implementing the policy set forth in section 1;
(ii) the best practices among Federal, State, local,
and tribal governments and private organizations and
individuals for emergency preparedness planning
with respect to individuals with disabilities; and
(iii) recommendations of the Council for advancing
the policy set forth in section 1.
SEC. 4. General. (a) To the extent permitted by law:
(i) agencies shall assist and provide information to
the Council for the performance of its functions
under this order; and
(ii) the Department of Homeland Security shall
provide funding and administrative support for the
Council.
(b) Nothing in this order shall be construed to impair
or otherwise affect the functions of the Director of the
Office of Management and Budget relating to budget,
administrative, or legislative proposals.
(c) This order is intended only to improve the internal management of the executive branch and is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, instrumentalities, or entities, its officers or employees, or any other person.
GEORGE W. BUSH.

§ 314a. FEMA programs
Notwithstanding any other provision of Federal law, as of April 1, 2007, the Director of the
Federal Emergency Management Agency shall
be responsible for the radiological emergency
preparedness program and the chemical stockpile emergency preparedness program.
(Pub. L. 109–347, title VI, § 612, Oct. 13, 2006, 120
Stat. 1943.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Security and Accountability For Every Port Act of 2006, also known as
the SAFE Port Act, and not as part of the Homeland
Security Act of 2002 which comprises this chapter.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
References to the Director of the Federal Emergency
Management Agency considered to refer and apply to
the Administrator of the Federal Emergency Management Agency, see section 612(c) of Pub. L. 109–295, set
out as a note under section 313 of this title.

§ 315. Functions transferred
(a) In general
Except as provided in subsection (b), there are
transferred to the Agency the following:
(1) All functions of the Federal Emergency
Management Agency, including existing responsibilities for emergency alert systems and

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continuity of operations and continuity of
government plans and programs as constituted
on June 1, 2006, including all of its personnel,
assets, components, authorities, grant programs, and liabilities, and including the functions of the Under Secretary for Federal
Emergency Management relating thereto.
(2) The Directorate of Preparedness, as constituted on June 1, 2006, including all of its
functions, personnel, assets, components, authorities, grant programs, and liabilities, and
including the functions of the Under Secretary
for Preparedness relating thereto.
(b) Exceptions
The following within the Preparedness Directorate shall not be transferred:
(1) The Office of Infrastructure Protection.
(2) The National Communications System.
(3) The National Cybersecurity Division.
(4) The functions, personnel, assets, components, authorities, and liabilities of each component described under paragraphs (1) through
(3).
(Pub. L. 107–296, title V, § 505, as added Pub. L.
109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat.
1400; amended Pub. L. 115–387, § 2(f)(4), Dec. 21,
2018, 132 Stat. 5168.)

Page 146

Task Force established under section 348 of
this title, the authorities, responsibilities, or
functions of the Agency or the capability of
the Agency to perform those missions, authorities, responsibilities,1 except as otherwise
specifically provided in an Act enacted after
October 4, 2006.
(2) Certain transfers prohibited
No asset, function, or mission of the Agency
may be diverted to the principal and continuing use of any other organization, unit, or entity of the Department, including a Joint Task
Force established under section 348 of this
title, except for details or assignments that do
not reduce the capability of the Agency to perform its missions.
(d) Reprogramming and transfer of funds
In reprogramming or transferring funds, the
Secretary shall comply with any applicable provisions of any Act making appropriations for
the Department for fiscal year 2007, or any succeeding fiscal year, relating to the reprogramming or transfer of funds.
(Pub. L. 107–296, title V, § 506, as added Pub. L.
109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat.
1400; amended Pub. L. 114–328, div. A, title XIX,
§ 1901(d)(1), Dec. 23, 2016, 130 Stat. 2670.)

Editorial Notes
PRIOR PROVISIONS
A prior section 505 of Pub. L. 107–296 was renumbered
section 518 and is classified to section 321g of this title.
AMENDMENTS
2018—Subsec. (b)(4), (5). Pub. L. 115–387 redesignated
par. (5) as (4), substituted ‘‘(1) through (3)’’ for ‘‘(1)
through (4)’’, and struck out former par. (4) which read
as follows: ‘‘The Office of the Chief Medical Officer.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Mar. 31, 2007, see section 614(b)(3) of
Pub. L. 109–295, set out as a note under section 701 of
this title.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
sections 551(d), 552(d), and 557 of this title and the Department of Homeland Security Reorganization Plan of
November 25, 2002, as modified, set out as a note under
section 542 of this title.

§ 316. Preserving the Federal Emergency Management Agency
(a) Distinct entity
The Agency shall be maintained as a distinct
entity within the Department.
(b) Reorganization
Section 452 of this title shall not apply to the
Agency, including any function or organizational unit of the Agency.
(c) Prohibition on changes to missions
(1) In general
The Secretary may not substantially or significantly reduce, including through a Joint

Editorial Notes
PRIOR PROVISIONS
A prior section 506 of Pub. L. 107–296 was renumbered
section 502 and is classified to section 312 of this title.
AMENDMENTS
2016—Subsec. (c)(1). Pub. L. 114–328, § 1901(d)(1)(A), inserted ‘‘, including through a Joint Task Force established under section 348 of this title, after ‘‘reduce’’.
Subsec. (c)(2). Pub. L. 114–328, § 1901(d)(1)(B), inserted
‘‘including a Joint Task Force established under section 348 of this title,’’ after ‘‘Department,’’.

§ 317. Regional offices
(a) In general
There are in the Agency 10 regional offices, as
identified by the Administrator.
(b) Management of regional offices
(1) Regional Administrator
Each Regional Office shall be headed by a
Regional Administrator who shall be appointed by the Administrator, after consulting
with State, local, and tribal government officials in the region. Each Regional Administrator shall report directly to the Administrator and be in the Senior Executive Service.
(2) Qualifications
(A) In general
Each Regional Administrator shall be appointed from among individuals who have a
demonstrated ability in and knowledge of
emergency management and homeland security.
(B) Considerations
In selecting a Regional Administrator for
a Regional Office, the Administrator shall
1 So in original. Probably should be ‘‘authorities, responsibilities, or functions’’.

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consider the familiarity of an individual
with the geographical area and demographic
characteristics of the population served by
such Regional Office.
(c) Responsibilities
(1) In general
The Regional Administrator shall work in
partnership with State, local, and tribal governments, emergency managers, emergency
response providers, medical providers, the private sector, nongovernmental organizations,
multijurisdictional councils of governments,
and regional planning commissions and organizations in the geographical area served by
the Regional Office to carry out the responsibilities of a Regional Administrator under
this section.
(2) Responsibilities
The responsibilities of a Regional Administrator include—
(A) ensuring effective, coordinated, and integrated regional preparedness, protection,
response, recovery, and mitigation activities
and programs for natural disasters, acts of
terrorism, and other man-made disasters (including planning, training, exercises, and
professional development);
(B) assisting in the development of regional capabilities needed for a national catastrophic response system;
(C) coordinating the establishment of effective regional operable and interoperable
emergency communications capabilities;
(D) staffing and overseeing 1 or more
strike teams within the region under subsection (f), to serve as the focal point of the
Federal Government’s initial response efforts for natural disasters, acts of terrorism,
and other man-made disasters within that
region, and otherwise building Federal response capabilities to respond to natural disasters, acts of terrorism, and other manmade disasters within that region;
(E) designating an individual responsible
for the development of strategic and operational regional plans in support of the National Response Plan;
(F) fostering the development of mutual
aid and other cooperative agreements;
(G) identifying critical gaps in regional capabilities to respond to populations with
special needs;
(H) maintaining and operating a Regional
Response Coordination Center or its successor;
(I) coordinating with the private sector to
help ensure private sector preparedness for
natural disasters, acts of terrorism, and
other man-made disasters;
(J) assisting State, local, and tribal governments, where appropriate, to preidentify
and evaluate suitable sites where a multijurisdictional incident command system
may quickly be established and operated
from, if the need for such a system arises;
and
(K) performing such other duties relating
to such responsibilities as the Administrator
may require.

§ 317

(3) Training and exercise requirements
(A) Training
The Administrator shall require each Regional Administrator to undergo specific
training periodically to complement the
qualifications of the Regional Administrator. Such training, as appropriate, shall
include training with respect to the National Incident Management System, the
National Response Plan, and such other subjects as determined by the Administrator.
(B) Exercises
The Administrator shall require each Regional Administrator to participate as appropriate in regional and national exercises.
(d) Area offices
(1) In general
There is an Area Office for the Pacific and
an Area Office for the Caribbean, as components in the appropriate Regional Offices.
(2) Alaska
The Administrator shall establish an Area
Office in Alaska, as a component in the appropriate Regional Office.
(e) Regional Advisory Council
(1) Establishment
Each Regional Administrator shall establish
a Regional Advisory Council.
(2) Nominations
A State, local, or tribal government located
within the geographic area served by the Regional Office may nominate officials, including Adjutants General and emergency managers, to serve as members of the Regional Advisory Council for that region.
(3) Responsibilities
Each Regional Advisory Council shall—
(A) advise the Regional Administrator on
emergency management issues specific to
that region;
(B) identify any geographic, demographic,
or other characteristics peculiar to any
State, local, or tribal government within the
region that might make preparedness, protection, response, recovery, or mitigation
more complicated or difficult; and
(C) advise the Regional Administrator of
any weaknesses or deficiencies in preparedness, protection, response, recovery, and
mitigation for any State, local, and tribal
government within the region of which the
Regional Advisory Council is aware.
(f) Regional Office strike teams
(1) In general
In coordination with other relevant Federal
agencies, each Regional Administrator shall
oversee multi-agency strike teams authorized
under section 5144 of title 42 that shall consist
of—
(A) a designated Federal coordinating officer;
(B) personnel trained in incident management;
(C) public affairs, response and recovery,
and communications support personnel;

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TITLE 6—DOMESTIC SECURITY

(D) a defense coordinating officer;
(E) liaisons to other Federal agencies;
(F) such other personnel as the Administrator or Regional Administrator determines appropriate; and
(G) individuals from the agencies with primary responsibility for each of the emergency support functions in the National Response Plan.
(2) Other duties
The duties of an individual assigned to a Regional Office strike team from another relevant agency when such individual is not functioning as a member of the strike team shall
be consistent with the emergency preparedness activities of the agency that employs
such individual.
(3) Location of members
The members of each Regional Office strike
team, including representatives from agencies
other than the Department, shall be based primarily within the region that corresponds to
that strike team.
(4) Coordination
Each Regional Office strike team shall coordinate the training and exercises of that
strike team with the State, local, and tribal
governments and private sector and nongovernmental entities which the strike team
shall support when a natural disaster, act of
terrorism, or other man-made disaster occurs.
(5) Preparedness
Each Regional Office strike team shall be
trained as a unit on a regular basis and
equipped and staffed to be well prepared to respond to natural disasters, acts of terrorism,
and other man-made disasters, including catastrophic incidents.
(6) Authorities
If the Administrator determines that statutory authority is inadequate for the preparedness and deployment of individuals in strike
teams under this subsection, the Administrator shall report to Congress regarding the
additional statutory authorities that the Administrator determines are necessary.
(Pub. L. 107–296, title V, § 507, as added Pub. L.
109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat.
1401; amended Pub. L. 110–53, title IV, § 404, Aug.
3, 2007, 121 Stat. 303.)
Editorial Notes
PRIOR PROVISIONS
A prior section 317, Pub. L. 107–296, title V, § 507, Nov.
25, 2002, 116 Stat. 2214, related to the role of the Federal
Emergency Management Agency, prior to repeal by
Pub. L. 109–295, title VI, § 611(4), Oct. 4. 2006, 120 Stat.
1395.
AMENDMENTS
2007—Subsec. (c)(2)(I) to (K). Pub. L. 110–53 added subpars. (I) and (J) and redesignated former subpar. (I) as
(K).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Mar. 31, 2007, see section 614(b)(3) of
Pub. L. 109–295, set out as a note under section 701 of
this title.

Page 148

§ 318. National Advisory Council
(a) Establishment
Not later than 60 days after October 4, 2006,
the Secretary shall establish an advisory body
under section 451(a) of this title to ensure effective and ongoing coordination of Federal preparedness, protection, response, recovery, and
mitigation for natural disasters, acts of terrorism, and other man-made disasters, to be known
as the National Advisory Council.
(b) Responsibilities
(1) In general
The National Advisory Council shall advise
the Administrator on all aspects of emergency
management. The National Advisory Council
shall incorporate State, local, and tribal government and private sector input in the development and revision of the national preparedness goal, the national preparedness system,
the National Incident Management System,
the National Response Plan, and other related
plans and strategies.
(2) Consultation on grants
To ensure input from and coordination with
State, local, and tribal governments and emergency response providers, the Administrator
shall regularly consult and work with the National Advisory Council on the administration
and assessment of grant programs administered by the Department, including with respect to the development of program guidance
and the development and evaluation of riskassessment methodologies, as appropriate.
(c) Membership
(1) In general
The members of the National Advisory
Council shall be appointed by the Administrator, and shall, to the extent practicable,
represent a geographic (including urban and
rural) and substantive cross section of officials, emergency managers, and emergency response providers from State, local, and tribal
governments, the private sector, and nongovernmental organizations, including as appropriate—
(A) members selected from the emergency
management field and emergency response
providers, including fire service, law enforcement, hazardous materials response, emergency medical services, and emergency management personnel, or organizations representing such individuals;
(B) health scientists, emergency and inpatient medical providers, and public health
professionals;
(C) experts from Federal, State, local, and
tribal governments, and the private sector,
representing standards-setting and accrediting organizations, including representatives
from the voluntary consensus codes and
standards development community, particularly those with expertise in the emergency
preparedness and response field;
(D) State, local, and tribal government officials with expertise in preparedness, protection, response, recovery, and mitigation,
including Adjutants General;

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(E) elected State, local, and tribal government executives;
(F) experts in public and private sector infrastructure protection, cybersecurity, and
communications;
(G) representatives of individuals with disabilities and other populations with special
needs; and
(H) such other individuals as the Administrator determines to be appropriate.
(2) Coordination with the Departments of
Health and Human Services and Transportation
In the selection of members of the National
Advisory Council who are health or emergency
medical services professionals, the Administrator shall work with the Secretary of Health
and Human Services and the Secretary of
Transportation.
(3) Ex officio members
The Administrator shall designate 1 or more
officers of the Federal Government to serve as
ex officio members of the National Advisory
Council.
(4) Terms of office
(A) In general
Except as provided in subparagraph (B),
the term of office of each member of the National Advisory Council shall be 3 years.
(B) Initial appointments
Of the members initially appointed to the
National Advisory Council—
(i) one-third shall be appointed for a
term of 1 year; and
(ii) one-third shall be appointed for a
term of 2 years.
(d) RESPONSE Subcommittee
(1) Establishment
Not later than 30 days after December 16,
2016, the Administrator shall establish, as a
subcommittee of the National Advisory Council, the Railroad Emergency Services Preparedness, Operational Needs, and Safety
Evaluation Subcommittee (referred to in this
subsection as the ‘‘RESPONSE Subcommittee’’).
(2) Membership
Notwithstanding subsection (c), the RESPONSE Subcommittee shall be composed of
the following:
(A) The Deputy Administrator, Protection
and National Preparedness of the Federal
Emergency Management Agency, or designee.
(B) The Chief Safety Officer of the Pipeline
and Hazardous Materials Safety Administration, or designee.
(C) The Associate Administrator for Hazardous Materials Safety of the Pipeline and
Hazardous Materials Safety Administration,
or designee.
(D) The Assistant Director for Emergency
Communications, or designee.
(E) The Director for the Office of Railroad,
Pipeline and Hazardous Materials Investigations of the National Transportation Safety
Board, or designee.

§ 318

(F) The Chief Safety Officer and Associate
Administrator for Railroad Safety of the
Federal Railroad Administration, or designee.
(G) The Assistant Administrator for Security Policy and Industry Engagement of the
Transportation Security Administration, or
designee.
(H) The Assistant Commandant for Response Policy of the Coast Guard, or designee.
(I) The Assistant Administrator for the Office of Solid Waste and Emergency Response
of the Environmental Protection Agency, or
designee.
(J) Such other qualified individuals as the
co-chairpersons shall jointly appoint as soon
as practicable after December 16, 2016, from
among the following:
(i) Members of the National Advisory
Council that have the requisite technical
knowledge and expertise to address rail
emergency response issues, including
members from the following disciplines:
(I) Emergency management and emergency response providers, including fire
service, law enforcement, hazardous materials response, and emergency medical
services.
(II) State, local, and tribal government
officials.
(ii) Individuals who have the requisite
technical knowledge and expertise to serve
on the RESPONSE Subcommittee, including at least 1 representative from each of
the following:
(I) The rail industry.
(II) Rail labor.
(III) Persons who offer oil for transportation by rail.
(IV) The communications industry.
(V) Emergency response providers, including individuals nominated by national organizations representing State
and local governments and emergency
responders.
(VI) Emergency response training providers.
(VII) Representatives from tribal organizations.
(VIII) Technical experts.
(IX) Vendors, developers, and manufacturers of systems, facilities, equipment,
and capabilities for emergency responder
services.
(iii) Representatives of such other stakeholders and interested and affected parties
as the co-chairpersons consider appropriate.
(3) Co-chairpersons
The members described in subparagraphs (A)
and (B) of paragraph (2) shall serve as the cochairpersons of the RESPONSE Subcommittee.
(4) Initial meeting
The initial meeting of the RESPONSE Subcommittee shall take place not later than 90
days after December 16, 2016.
(5) Consultation with nonmembers
The RESPONSE Subcommittee and the program offices for emergency responder training

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and resources shall consult with other relevant agencies and groups, including entities
engaged in federally funded research and academic institutions engaged in relevant work
and research, which are not represented on the
RESPONSE Subcommittee to consider new
and developing technologies and methods that
may be beneficial to preparedness and response to rail hazardous materials incidents.
(6) Recommendations
The RESPONSE Subcommittee shall develop
recommendations, as appropriate, for improving emergency responder training and resource allocation for hazardous materials incidents involving railroads after evaluating the
following topics:
(A) The quality and application of training
for State and local emergency responders related to rail hazardous materials incidents,
including training for emergency responders
serving small communities near railroads,
including the following:
(i) Ease of access to relevant training for
State and local emergency responders, including an analysis of—
(I) the number of individuals being
trained;
(II) the number of individuals who are
applying;
(III) whether current demand is being
met;
(IV) current challenges; and
(V) projected needs.
(ii) Modernization of training course
content related to rail hazardous materials incidents, with a particular focus on
fluctuations in oil shipments by rail, including regular and ongoing evaluation of
course opportunities, adaptation to emerging trends, agency and private sector outreach, effectiveness and ease of access for
State and local emergency responders.
(iii) Identification of overlap in training
content and identification of opportunities
to develop complementary courses and materials among governmental and nongovernmental entities.
(iv) Online training platforms, train-thetrainer, and mobile training options.
(B) The availability and effectiveness of
Federal, State, local, and nongovernmental
funding levels related to training emergency
responders for rail hazardous materials incidents, including emergency responders serving small communities near railroads, including—
(i) identifying overlap in resource allocations;
(ii) identifying cost savings measures
that can be implemented to increase training opportunities;
(iii) leveraging government funding with
nongovernmental funding to enhance
training opportunities and fill existing
training gaps;
(iv) adaptation of priority settings for
agency funding allocations in response to
emerging trends;
(v) historic levels of funding across Federal agencies for rail hazardous materials

Page 150

incident response and training, including
funding provided by the private sector to
public entities or in conjunction with Federal programs; and
(vi) current funding resources across
agencies.
(C) The strategy for integrating commodity flow studies, mapping, and rail and hazardous materials databases for State and
local emergency responders and increasing
the rate of access to the individual responder in existing or emerging communications technology.
(7) Report
(A) In general
Not later than 1 year after December 16,
2016, the RESPONSE Subcommittee shall
submit a report to the National Advisory
Council that—
(i) includes the recommendations developed under paragraph (6);
(ii) specifies the timeframes for implementing any such recommendations that
do not require congressional action; and
(iii) identifies any such recommendations that do require congressional action.
(B) Review
Not later than 30 days after receiving the
report under subparagraph (A), the National
Advisory Council shall begin a review of the
report. The National Advisory Council may
ask for additional clarification, changes, or
other information from the RESPONSE Subcommittee to assist in the approval of the
recommendations.
(C) Recommendation
Once the National Advisory Council approves the recommendations of the RESPONSE Subcommittee, the National Advisory Council shall submit the report to—
(i) the co-chairpersons of the RESPONSE
Subcommittee;
(ii) the head of each other agency represented on the RESPONSE Subcommittee;
(iii) the Committee on Homeland Security and Governmental Affairs of the Senate;
(iv) the Committee on Commerce,
Science, and Transportation of the Senate;
(v) the Committee on Homeland Security
of the House of Representatives; and
(vi) the Committee on Transportation
and Infrastructure of the House of Representatives.
(8) Interim activity
(A) Updates and oversight
After the submission of the report by the
National Advisory Council under paragraph
(7), the Administrator shall—
(i) provide annual updates to the congressional committees referred to in paragraph (7)(C) regarding the status of the implementation of the recommendations developed under paragraph (6); and
(ii) coordinate the implementation of the
recommendations described in paragraph
(6)(G)(i), as appropriate.

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(B) Sunset
The requirements of subparagraph (A)
shall terminate on the date that is 2 years
after the date of the submission of the report
required under paragraph (7)(A).
(9) Termination
The RESPONSE Subcommittee shall terminate not later than 90 days after the submission of the report required under paragraph
(7)(C).
(e) Applicability of Federal Advisory Committee
Act
(1) In general
Notwithstanding section 451(a) of this title
and subject to paragraph (2), the Federal Advisory Committee Act (5 U.S.C. App.), including
subsections (a), (b), and (d) of section 10 of
such Act, and section 552b(c) of title 5 shall
apply to the National Advisory Council.
(2) Termination
Section 14(a)(2) of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply
to the National Advisory Council.
(Pub. L. 107–296, title V, § 508, as added Pub. L.
109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat.
1403; amended Pub. L. 110–53, title I, § 102(a),
Aug. 3, 2007, 121 Stat. 293; Pub. L. 114–321, § 2,
Dec. 16, 2016, 130 Stat. 1623; Pub. L. 115–278,
§ 2(g)(4)(A), Nov. 16, 2018, 132 Stat. 4178.)
Editorial Notes
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in
subsec. (e), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as
amended, which is set out in the Appendix to Title 5,
Government Organization and Employees.
PRIOR PROVISIONS
A prior section 508 of Pub. L. 107–296 was renumbered
section 519 and is classified to section 321h of this title.
AMENDMENTS
2018—Subsec. (d)(2)(D). Pub. L. 115–278 substituted
‘‘The Assistant Director for Emergency Communications’’ for ‘‘The Director of the Office of Emergency
Communications of the Department of Homeland Security’’.
2016—Subsecs. (d), (e). Pub. L. 114–321 added subsec.
(d) and redesignated former subsec. (d) as (e).
2007—Subsec. (b). Pub. L. 110–53 designated existing
provisions as par. (1), inserted heading, and added par.
(2).
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Reference to the Assistant Director for Emergency
Communications deemed to be a reference to the Executive Assistant Director for Emergency Communications, see section 571(g) of this title, enacted Jan. 1,
2021.
EFFECTIVE DATE
Section effective Mar. 31, 2007, see section 614(b)(3) of
Pub. L. 109–295, set out as a note under section 701 of
this title.

§ 319. National Integration Center
(a) In general
There is established in the Agency a National
Integration Center.

§ 319

(b) Responsibilities
(1) In general
The Administrator, through the National Integration Center, and in consultation with
other Federal departments and agencies and
the National Advisory Council, shall ensure
ongoing management and maintenance of the
National Incident Management System, the
National Response Plan, and any successor to
such system or plan.
(2) Specific responsibilities
The National Integration Center shall periodically review, and revise as appropriate, the
National Incident Management System and
the National Response Plan, including—
(A) establishing, in consultation with the
Director of the Corporation for National and
Community Service, a process to better use
volunteers and donations;
(B) improving the use of Federal, State,
local, and tribal resources and ensuring the
effective use of emergency response providers at emergency scenes; and
(C) revising the Catastrophic Incident
Annex, finalizing and releasing the Catastrophic Incident Supplement to the National Response Plan, and ensuring that
both effectively address response requirements in the event of a catastrophic incident.
(c) Incident management
(1) In general
(A) National Response Plan
The Secretary, acting through the Administrator, shall ensure that the National Response Plan provides for a clear chain of
command to lead and coordinate the Federal
response to any natural disaster, act of terrorism, or other man-made disaster.
(B) Administrator
The chain of the command specified in the
National Response Plan shall—
(i) provide for a role for the Administrator consistent with the role of the Administrator as the principal emergency
management advisor to the President, the
Homeland Security Council, and the Secretary under section 313(c)(4) of this title
and the responsibility of the Administrator under the Post-Katrina Emergency
Management Reform Act of 2006, and the
amendments made by that Act, relating to
natural disasters, acts of terrorism, and
other man-made disasters; and
(ii) provide for a role for the Federal Coordinating Officer consistent with the responsibilities under section 5143(b) of title
42.
(2) Principal Federal Official; Joint Task Force
The Principal Federal Official (or the successor thereto) or Director of a Joint Task
Force established under section 348 of this
title shall not—
(A) direct or replace the incident command
structure established at the incident; or
(B) have directive authority over the Senior Federal Law Enforcement Official, Fed-

§ 320

TITLE 6—DOMESTIC SECURITY

eral Coordinating Officer, or other Federal
and State officials.
(Pub. L. 107–296, title V, § 509, as added Pub. L.
109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat.
1405; amended Pub. L. 114–328, div. A, title XIX,
§ 1901(d)(2), Dec. 23, 2016, 130 Stat. 2670.)
Editorial Notes
REFERENCES IN TEXT
The Post-Katrina Emergency Management Reform
Act of 2006, referred to in subsec. (c)(1)(B)(i), is title VI
of Pub. L. 109–295, Oct. 4, 2006, 120 Stat. 1394. For complete classification of this Act to the Code, see Short
Title note set out under section 701 of this title and
Tables.
PRIOR PROVISIONS
A prior section 509 of Pub. L. 107–296 was renumbered
section 520 and is classified to section 321i of this title.
AMENDMENTS
2016—Subsec. (c)(2). Pub. L. 114–328 inserted ‘‘; Joint
Task Force’’ after ‘‘Official’’ in heading and ‘‘or Director of a Joint Task Force established under section 348
of this title’’ before ‘‘shall’’ in introductory provisions.
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 Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under
section 313 of this title.

§ 320. Credentialing and typing
(a) In general
The Administrator shall enter into a memorandum of understanding with the administrators of the Emergency Management Assistance
Compact, State, local, and tribal governments,
and organizations that represent emergency response providers, to collaborate on developing
standards for deployment capabilities, including
for credentialing and typing of incident management personnel, emergency response providers,
and other personnel (including temporary personnel) and resources likely needed to respond
to natural disasters, acts of terrorism, and other
man-made disasters.
(b) Distribution
(1) In general
Not later than 1 year after August 3, 2007,
the Administrator shall provide the standards
developed under subsection (a), including detailed written guidance, to—
(A) each Federal agency that has responsibilities under the National Response Plan
to aid that agency with credentialing and
typing incident management personnel,
emergency response providers, and other
personnel (including temporary personnel)
and resources likely needed to respond to a
natural disaster, act of terrorism, or other
man-made disaster; and
(B) State, local, and tribal governments,
to aid such governments with credentialing
and typing of State, local, and tribal inci-

Page 152

dent management personnel, emergency response providers, and other personnel (including temporary personnel) and resources
likely needed to respond to a natural disaster, act of terrorism, or other man-made disaster.
(2) Assistance
The Administrator shall provide expertise
and technical assistance to aid Federal, State,
local, and tribal government agencies with
credentialing and typing incident management personnel, emergency response providers, and other personnel (including temporary
personnel) and resources likely needed to respond to a natural disaster, act of terrorism,
or other man-made disaster.
(c) Credentialing and typing of personnel
Not later than 6 months after receiving the
standards provided under subsection (b), each
Federal agency with responsibilities under the
National Response Plan shall ensure that incident management personnel, emergency response providers, and other personnel (including
temporary personnel) and resources likely needed to respond to a natural disaster, act of terrorism, or other manmade disaster are credentialed
and typed in accordance with this section.
(d) Consultation on health care standards
In developing standards for credentialing
health care professionals under this section, the
Administrator shall consult with the Secretary
of Health and Human Services.
(Pub. L. 107–296, title V, § 510, as added Pub. L.
109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat.
1406; amended Pub. L. 110–53, title IV, § 408, Aug.
3, 2007, 121 Stat. 304.)
Editorial Notes
PRIOR PROVISIONS
A prior section 510 of Pub. L. 107–296 was renumbered
section 521 and is classified to section 321j of this title.
Another prior section 510 of Pub. L. 107–296 was classified to section 321 of this title, prior to repeal by Pub.
L. 109–295.
AMENDMENTS
2007—Pub. L. 110–53 designated existing provisions as
subsec. (a), inserted heading, substituted ‘‘for credentialing and typing of incident management personnel, emergency response providers, and other personnel
(including temporary personnel) and’’ for ‘‘credentialing of personnel and typing of’’, and added subsecs. (b)
to (d).
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 Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under
section 313 of this title.
SCOPE OF PRACTICE IN PUBLIC HEALTH EMERGENCY
Pub. L. 116–136, div. B, title VI, § 16005, Mar. 27, 2020,
134 Stat. 545, provided that:
‘‘(a) Notwithstanding any other provision of law regarding the licensure of health-care providers, a

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TITLE 6—DOMESTIC SECURITY

health-care professional described in subsection (b)
may practice the health profession or professions of the
health-care professional at any location in any State,
the District of Columbia, or Commonwealth, territory,
or possession of the United States, or any location designated by the Secretary, regardless of where such
health-care professional or the patient is located, so
long as the practice is within the scope of the authorized Federal duties of such health-care professional.
‘‘(b) DEFINITION.—As used in this section, the term
‘health-care professional’ means an individual (other
than a member of the Coast Guard, a civilian employee
of the Coast Guard, member of the Public Health Service who is assigned to the Coast Guard, or an individual
with whom the Secretary, pursuant to 10 U.S.C. 1091,
has entered into a personal services contract to carry
out health care responsibilities of the Secretary at a
medical treatment facility of the Coast Guard) who—
‘‘(1) is—
‘‘(A) an employee of the Department of Homeland
Security,
‘‘(B) a detailee to the Department from another
Federal agency,
‘‘(C) a personal services contractor of the Department, or
‘‘(D) hired under a Contract for Services;
‘‘(2) performs health care services as part of duties
of the individual in that capacity;
‘‘(3) has a current, valid, and unrestricted equivalent license certification that is—
‘‘(A) issued by a State, the District of Columbia,
or a Commonwealth, territory, or possession of the
United States; and
‘‘(B) for the practice of medicine, osteopathic
medicine, dentistry, nursing, emergency medical
services, or another health profession; and
‘‘(4) is not affirmatively excluded from practice in
the licensing or certifying jurisdiction or in any
other jurisdiction.
‘‘(c) Subsection (a) shall apply during the incident period of the emergency declared by the President on
March 13, 2020, pursuant to section 501(b) of the Robert
T. Stafford Disaster Relief and Emergency Assistance
Act [Pub. L. 93–288] (42 U.S.C. 5121(b) [5191(b)]), and to
any subsequent major declaration under section 401 of
such Act [42 U.S.C. 5170] that supersedes such emergency declaration.’’

§ 321. The National Infrastructure Simulation
and Analysis Center
(a) Definition
In this section, the term ‘‘National Infrastructure Simulation and Analysis Center’’ means
the National Infrastructure Simulation and
Analysis Center established under section
5195c(d) of title 42.
(b) Authority
(1) In general
There is in the Department the National Infrastructure Simulation and Analysis Center
which shall serve as a source of national expertise to address critical infrastructure protection and continuity through support for activities related to—
(A) counterterrorism, threat assessment,
and risk mitigation; and
(B) a natural disaster, act of terrorism, or
other man-made disaster.
(2) Infrastructure modeling
(A) Particular support
The support provided under paragraph (1)
shall include modeling, simulation, and
analysis of the systems and assets comprising critical infrastructure, in order to en-

hance preparedness, protection, response, recovery, and mitigation activities.
(B) Relationship with other agencies
Each Federal agency and department with
critical infrastructure responsibilities under
Homeland Security Presidential Directive 7,
or any successor to such directive, shall establish a formal relationship, including an
agreement regarding information sharing,
between the elements of such agency or department and the National Infrastructure
Simulation and Analysis Center, through
the Department.
(C) Purpose
(i) In general
The purpose of the relationship under
subparagraph (B) shall be to permit each
Federal agency and department described
in subparagraph (B) to take full advantage
of the capabilities of the National Infrastructure Simulation and Analysis Center
(particularly
vulnerability
and
consequence analysis), consistent with its
work load capacity and priorities, for realtime response to reported and projected
natural disasters, acts of terrorism, and
other man-made disasters.
(ii) Recipient of certain support
Modeling, simulation, and analysis provided under this subsection shall be provided to relevant Federal agencies and departments, including Federal agencies and
departments with critical infrastructure
responsibilities under Homeland Security
Presidential Directive 7, or any successor
to such directive.
(Pub. L. 107–296, title V, § 511, as added Pub. L.
109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat.
1406.)
Editorial Notes
PRIOR PROVISIONS
A prior section 321, Pub. L. 107–296, title V, § 510, as
added Pub. L. 108–458, title VII, § 7303(d), Dec. 17, 2004,
118 Stat. 3844, related to urban and other high risk area
communications capabilities, prior to repeal by Pub. L.
109–295, title VI, § 611(5), Oct. 4, 2006, 120 Stat. 1395.

§ 321a. Evacuation plans and exercises
(a) In general
Notwithstanding any other provision of law,
and subject to subsection (d), grants made to
States or local or tribal governments by the Department through the State Homeland Security
Grant Program or the Urban Area Security Initiative may be used to—
(1) establish programs for the development
and maintenance of mass evacuation plans
under subsection (b) in the event of a natural
disaster, act of terrorism, or other man-made
disaster;
(2) prepare for the execution of such plans,
including the development of evacuation
routes and the purchase and stockpiling of
necessary supplies and shelters; and
(3) conduct exercises of such plans.
(b) Plan development
In developing the mass evacuation plans authorized under subsection (a), each State, local,

§ 321b

TITLE 6—DOMESTIC SECURITY

or tribal government shall, to the maximum extent practicable—
(1) establish incident command and decision
making processes;
(2) ensure that State, local, and tribal government plans, including evacuation routes,
are coordinated and integrated;
(3) identify primary and alternative evacuation routes and methods to increase evacuation capabilities along such routes such as
conversion of two-way traffic to one-way evacuation routes;
(4) identify evacuation transportation modes
and capabilities, including the use of mass and
public transit capabilities, and coordinating
and integrating evacuation plans for all populations including for those individuals located
in hospitals, nursing homes, and other institutional living facilities;
(5) develop procedures for informing the public of evacuation plans before and during an
evacuation, including individuals—
(A) with disabilities or other special needs,
including the elderly;
(B) with limited English proficiency; or
(C) who might otherwise have difficulty in
obtaining such information; and
(6) identify shelter locations and capabilities.
(c) Assistance
(1) In general
The Administrator may establish any guidelines, standards, or requirements determined
appropriate to administer this section and to
ensure effective mass evacuation planning for
State, local, and tribal areas.
(2) Requested assistance
The Administrator shall make assistance
available upon request of a State, local, or
tribal government to assist hospitals, nursing
homes, and other institutions that house individuals with special needs to establish, maintain, and exercise mass evacuation plans that
are coordinated and integrated into the plans
developed by that State, local, or tribal government under this section.
(d) Multipurpose funds
Nothing in this section may be construed to
preclude a State, local, or tribal government
from using grant funds in a manner that enhances preparedness for a natural or man-made
disaster unrelated to an act of terrorism, if such
use assists such government in building capabilities for terrorism preparedness.
(Pub. L. 107–296, title V, § 512, as added Pub. L.
109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat.
1407; amended Pub. L. 110–53, title I, § 102(b),
Aug. 3, 2007, 121 Stat. 293.)
Editorial Notes
AMENDMENTS
2007—Subsec. (b)(5)(A). Pub. L. 110–53
‘‘, including the elderly’’ after ‘‘needs’’.

inserted

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.

Page 154

109–295 or an amendment by title VI to be considered to
refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under
section 313 of this title.

§ 321b. Disability Coordinator
(a) In general
After consultation with organizations representing individuals with disabilities, the National Council on Disabilities, and the Interagency Coordinating Council on Preparedness
and Individuals with Disabilities, established
under Executive Order No. 13347, the Administrator shall appoint a Disability Coordinator.
The Disability Coordinator shall report directly
to the Administrator, in order to ensure that
the needs of individuals with disabilities are
being properly addressed in emergency preparedness and disaster relief.
(b) Responsibilities
The Disability Coordinator shall be responsible for—
(1) providing guidance and coordination on
matters related to individuals with disabilities
in emergency planning requirements and relief
efforts in the event of a natural disaster, act
of terrorism, or other man-made disaster;
(2) interacting with the staff of the Agency,
the National Council on Disabilities, the
Interagency Coordinating Council on Preparedness and Individuals with Disabilities established under Executive Order No. 13347,
other agencies of the Federal Government, and
State, local, and tribal government authorities regarding the needs of individuals with
disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other manmade disaster;
(3) consulting with organizations that represent the interests and rights of individuals
with disabilities about the needs of individuals
with disabilities in emergency planning requirements and relief efforts in the event of a
natural disaster, act of terrorism, or other
man-made disaster;
(4) ensuring the coordination and dissemination of best practices and model evacuation
plans for individuals with disabilities;
(5) ensuring the development of training materials and a curriculum for training of emergency response providers, State, local, and
tribal government officials, and others on the
needs of individuals with disabilities;
(6) promoting the accessibility of telephone
hotlines and websites regarding emergency
preparedness, evacuations, and disaster relief;
(7) working to ensure that video programming distributors, including broadcasters,
cable operators, and satellite television services, make emergency information accessible
to individuals with hearing and vision disabilities;
(8) ensuring the availability of accessible
transportation options for individuals with
disabilities in the event of an evacuation;
(9) providing guidance and implementing
policies to ensure that the rights and wishes of
individuals with disabilities regarding post-

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§ 321d

TITLE 6—DOMESTIC SECURITY

evacuation residency and relocation are respected;
(10) ensuring that meeting the needs of individuals with disabilities are included in the
components of the national preparedness system established under section 744 of this title;
and
(11) any other duties as assigned by the Administrator.
(Pub. L. 107–296, title V, § 513, as added Pub. L.
109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat.
1408.)
Editorial Notes
REFERENCES IN TEXT
Executive Order No. 13347, referred to in subsecs. (a)
and (b)(2), is set out as a note under section 314 of this
title.
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 Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under
section 313 of this title.

§ 321c. Department and Agency officials
(a) Deputy Administrators
The President may appoint, by and with the
advice and consent of the Senate, not more than
4 Deputy Administrators to assist the Administrator in carrying out this subchapter.
(b) United States Fire Administration
The Administrator of the United States Fire
Administration shall have a rank equivalent to
an assistant secretary of the Department.
(Pub. L. 107–296, title V, § 514, as added Pub. L.
109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat.
1409; amended Pub. L. 115–278, § 2(g)(4)(B), Nov.
16, 2018, 132 Stat. 4178.)

(b) Establishment
The National Operations Center is the principal operations center for the Department and
shall—
(1) provide situational awareness and a common operating picture for the entire Federal
Government, and for State, local, tribal, and
territorial governments, the private sector,
and international partners as appropriate, for
events, threats, and incidents involving a natural disaster, act of terrorism, or other manmade disaster;
(2) ensure that critical terrorism and disaster-related information reaches government
decision-makers; and
(3) enter into agreements with other Federal
operations centers and other homeland security partners, as appropriate, to facilitate the
sharing of information.
(c) State and local emergency responder representation
(1) Establishment of positions
The Secretary shall establish a position, on
a rotating basis, for a representative of State
and local emergency responders at the National Operations Center established under
subsection (b) to ensure the effective sharing
of information between the Federal Government and State and local emergency response
services.
(2) Management
The Secretary shall manage the position established pursuant to paragraph (1) in accordance with such rules, regulations, and practices as govern other similar rotating positions at the National Operations Center.
(Pub. L. 107–296, title V, § 515, as added Pub. L.
109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat.
1409; amended Pub. L. 110–376, § 8, Oct. 8, 2008, 122
Stat. 4060; Pub. L. 114–328, div. A, title XIX,
§ 1909, Dec. 23, 2016, 130 Stat. 2681.)
Editorial Notes
AMENDMENTS

Editorial Notes
AMENDMENTS
2018—Subsecs. (b), (c). Pub. L. 115–278 redesignated
subsec. (c) as (b) and struck out former subsec. (b).
Prior to amendment, text of subsec. (b) read as follows:
‘‘There is in the Department an Assistant Secretary for
Cybersecurity and Communications.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Mar. 31, 2007, see section 614(b)(3) of
Pub. L. 109–295, set out as a note under section 701 of
this title.

§ 321d. National Operations Center
(a) Definition
In this section, the term ‘‘situational awareness’’ means information gathered from a variety of sources that, when communicated to
emergency managers, decision makers, and
other appropriate officials, can form the basis
for incident management decisionmaking and
steady-state activity.

2016—Subsec. (a). Pub. L. 114–328, § 1909(1), substituted
‘‘emergency managers, decision makers, and other appropriate officials’’ for ‘‘emergency managers and decision makers’’ and inserted ‘‘and steady-state activity’’
before period at end.
Subsec. (b)(1). Pub. L. 114–328, § 1909(2)(A), substituted
‘‘tribal, and territorial governments, the private sector, and international partners’’ for ‘‘and tribal governments’’ and ‘‘for events, threats, and incidents involving’’ for ‘‘in the event of’’ and struck out ‘‘and’’ at end.
Subsec. (b)(2). Pub. L. 114–328, § 1909(2)(B), substituted
‘‘; and’’ for period at end.
Subsec. (b)(3). Pub. L. 114–328, § 1909(2)(C), added par.
(3).
Subsec. (c). Pub. L. 114–328, § 1909(4)(A), substituted
‘‘emergency responder’’ for ‘‘fire service’’ in heading.
Subsec. (c)(1). Pub. L. 114–328, § 1909(4)(B), added par.
(1) and struck out former par. (1). Prior to amendment,
text read as follows: ‘‘The Secretary shall, in consultation with the Administrator of the United States Fire
Administration, establish a fire service position at the
National Operations Center established under subsection (b) to ensure the effective sharing of information between the Federal Government and State and
local fire services.’’
Subsec. (c)(2), (3). Pub. L. 114–328, § 1909(4)(C), (D), redesignated par. (3) as (2) and struck out former par. (2).

§ 321e

TITLE 6—DOMESTIC SECURITY

Page 156

Prior to amendment, text of par. (2) read as follows:
‘‘The Secretary shall designate, on a rotating basis, a
State or local fire service official for the position described in paragraph (1).’’
2008—Subsec. (c). Pub. L. 110–376 added subsec. (c).

(Pub. L. 107–296, title V, § 518, formerly § 505, Nov.
25, 2002, 116 Stat. 2213; renumbered § 518, Pub. L.
109–295, title VI, § 611(6), Oct. 4, 2006, 120 Stat.
1395.)

§ 321e. Repealed. Pub. L. 115–387, § 2(c)(1), Dec.
21, 2018, 132 Stat. 5166

Editorial Notes

Section, Pub. L. 107–296, title V, § 516, as added Pub.
L. 109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat. 1409;
amended Pub. L. 112–166, § 2(f)(4), Aug. 10, 2012, 126 Stat.
1285, related to establishment, qualifications, and responsibilities of Chief Medical Officer. See section 597
of this title.

Section was formerly classified to section 315 of this
title prior to renumbering by Pub. L. 109–295.

§ 321f. Nuclear incident response
(a) In general
At the direction of the Secretary (in connection with an actual or threatened terrorist attack, major disaster, or other emergency in the
United States), the Nuclear Incident Response
Team shall operate as an organizational unit of
the Department. While so operating, the Nuclear
Incident Response Team shall be subject to the
direction, authority, and control of the Secretary.
(b) Rule of construction
Nothing in this subchapter shall be construed
to limit the ordinary responsibility of the Secretary of Energy and the Administrator of the
Environmental Protection Agency for organizing, training, equipping, and utilizing their respective entities in the Nuclear Incident Response Team, or (subject to the provisions of
this subchapter) from exercising direction, authority, and control over them when they are
not operating as a unit of the Department.
(Pub. L. 107–296, title V, § 517, formerly § 504, Nov.
25, 2002, 116 Stat. 2213; renumbered § 517, Pub. L.
109–295, title VI, § 611(6), Oct. 4, 2006, 120 Stat.
1395.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 314 of this
title prior to renumbering by Pub. L. 109–295.

§ 321g. Conduct of certain public health-related
activities
(a) In general
With respect to all public health-related activities to improve State, local, and hospital
preparedness and response to chemical, biological, radiological, and nuclear and other emerging terrorist threats carried out by the Department of Health and Human Services (including
the Public Health Service), the Secretary of
Health and Human Services shall set priorities
and preparedness goals and further develop a
coordinated strategy for such activities in collaboration with the Secretary.
(b) Evaluation of progress
In carrying out subsection (a), the Secretary
of Health and Human Services shall collaborate
with the Secretary in developing specific benchmarks and outcome measurements for evaluating progress toward achieving the priorities and
goals described in such subsection.

CODIFICATION

§ 321h. Use of national private sector networks in
emergency response
To the maximum extent practicable, the Secretary shall use national private sector networks and infrastructure for emergency response to chemical, biological, radiological, nuclear, or explosive disasters, and other major
disasters.
(Pub. L. 107–296, title V, § 519, formerly § 508, Nov.
25, 2002, 116 Stat. 2215; renumbered § 519, Pub. L.
109–295, title VI, § 611(6), Oct. 4, 2006, 120 Stat.
1395.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 318 of this
title prior to renumbering by Pub. L. 109–295.

§ 321i. Use of commercially available technology,
goods, and services
It is the sense of Congress that—
(1) the Secretary should, to the maximum
extent possible, use off-the-shelf commercially
developed technologies to ensure that the Department’s information technology systems
allow the Department to collect, manage,
share, analyze, and disseminate information
securely over multiple channels of communication; and
(2) in order to further the policy of the
United States to avoid competing commercially with the private sector, the Secretary
should rely on commercial sources to supply
the goods and services needed by the Department.
(Pub. L. 107–296, title V, § 520, formerly § 509, Nov.
25, 2002, 116 Stat. 2215; renumbered § 520, Pub. L.
109–295, title VI, § 611(6), Oct. 4, 2006, 120 Stat.
1395.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 319 of this
title prior to renumbering by Pub. L. 109–295.

§ 321j. Procurement of security countermeasures
for Strategic National Stockpile
(a) Authorization of appropriations
For the procurement of security countermeasures under section 247d–6b(c) of title 42 (referred to in this section as the ‘‘security countermeasures program’’), there is authorized to
be appropriated up to $5,593,000,000 for the fiscal
years 2004 through 2013. Of the amounts appropriated under the preceding sentence, not to exceed $3,418,000,000 may be obligated during the

Page 157

fiscal years 2004 through 2008, of which not to exceed $890,000,000 may be obligated during fiscal
year 2004. None of the funds made available
under this subsection shall be used to procure
countermeasures to diagnose, mitigate, prevent,
or treat harm resulting from any naturally occurring infectious disease or other public health
threat that are not security countermeasures
under section 247d–6b(c)(1)(B) of title 42.1
(b) Special reserve fund
For purposes of the security countermeasures
program, the term ‘‘special reserve fund’’ means
the ‘‘Biodefense Countermeasures’’ appropriations account or any other appropriation made
under subsection (a).
(c) Availability
Amounts appropriated under subsection (a) become available for a procurement under the security countermeasures program only upon the
approval by the President of such availability
for the procurement in accordance with paragraph (6)(B) of such program.
(d) Related authorizations of appropriations
(1) Threat assessment capabilities
For the purpose of carrying out the responsibilities of the Secretary for terror threat assessment under the security countermeasures
program, there are authorized to be appropriated such sums as may be necessary for
each of the fiscal years 2004 through 2006, for
the hiring of professional personnel within the
Office of Intelligence and Analysis, who shall
be analysts responsible for chemical, biological, radiological, and nuclear threat assessment (including but not limited to analysis of
chemical, biological, radiological, and nuclear
agents, the means by which such agents could
be weaponized or used in a terrorist attack,
and the capabilities, plans, and intentions of
terrorists and other non-state actors who may
have or acquire such agents). All such analysts
shall meet the applicable standards and qualifications for the performance of intelligence
activities promulgated by the Director of Central Intelligence pursuant to section 403–4 1 of
title 50.
(2) Intelligence sharing infrastructure
For the purpose of carrying out the acquisition and deployment of secure facilities (including information technology and physical
infrastructure, whether mobile and temporary, or permanent) sufficient to permit the
Secretary to receive, not later than 180 days
after July 21, 2004, all classified information
and products to which the Under Secretary for
Intelligence and Analysis is entitled under
part A of subchapter II, there are authorized
to be appropriated such sums as may be necessary for each of the fiscal years 2004 through
2006.
(Pub. L. 107–296, title V, § 521, formerly § 510, as
added Pub. L. 108–276, § 3(b)(2), July 21, 2004, 118
Stat. 852; renumbered § 521, Pub. L. 109–295, title
VI, § 611(7), Oct. 4, 2006, 120 Stat. 1395; amended
Pub. L. 109–417, title IV, § 403(c), Dec. 19, 2006, 120
1 See

References in Text note below.

§ 321k

TITLE 6—DOMESTIC SECURITY

Stat. 2874; Pub. L. 110–53, title V, § 531(b)(1)(D),
Aug. 3, 2007, 121 Stat. 334.)
Editorial Notes
REFERENCES IN TEXT
Section 247d–6b(c)(1)(B) of title 42, referred to in subsec. (a), was in the original ‘‘section 319F–2(c)(1)(B)’’,
which was translated as meaning section 319F–2(c)(1)(B)
of the Public Health Service Act, to reflect the probable intent of Congress.
Section 403–4 of title 50, referred to in subsec. (d)(1),
was repealed and a new section 403–4 enacted by Pub. L.
108–458, title I, § 1011(a), Dec. 17, 2004, 118 Stat. 3660, and
subsequently editorially reclassified to section 3035 of
Title 50, War and National Defense; as so enacted, section 3035 no longer relates to promulgation of standards
and qualifications for the performance of intelligence
activities.
Part A of subchapter II of this chapter, referred to in
subsec. (d)(2), was in the original ‘‘subtitle A of title
II’’, meaning subtitle A of title II of Pub. L. 107–296,
Nov. 25, 2002, 116 Stat. 2145, which is classified generally
to part A (§ 121 et seq.) of subchapter II of this chapter.
For complete classification of part A to the Code, see
Tables.
CODIFICATION
Section was formerly classified to section 320 of this
title prior to renumbering by Pub. L. 109–295.
AMENDMENTS
2007—Subsec. (d)(1). Pub. L. 110–53, § 531(b)(1)(D)(i),
substituted ‘‘Office of Intelligence and Analysis’’ for
‘‘Directorate for Information Analysis and Infrastructure Protection’’.
Subsec. (d)(2). Pub. L. 110–53, § 531(b)(1)(D)(ii), substituted ‘‘Under Secretary for Intelligence and Analysis’’ for ‘‘Under Secretary for Information Analysis and
Infrastructure Protection’’.
2006—Subsec. (a). Pub. L. 109–417, which directed
amendment of section 510(a) of the Homeland Security
Act of 2002, Pub. L. 107–296, by inserting a new last sentence, was executed to subsec. (a) of this section to reflect the probable intent of Congress and the redesignation of section 510(a) as 521(a) by Pub. L. 109–295, § 611(7).
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Reference to the Director of Central Intelligence or
the Director of the Central Intelligence Agency in the
Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of
the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as
a note under section 3001 of Title 50, War and National
Defense.

§ 321k. Model standards and guidelines for critical infrastructure workers
(a) In general
Not later than 12 months after August 3, 2007,
and in coordination with appropriate national
professional organizations, Federal, State, local,
and tribal government agencies, and private-sector and nongovernmental entities, the Administrator shall establish model standards and
guidelines for credentialing critical infrastructure workers that may be used by a State to credential critical infrastructure workers that may
respond to a natural disaster, act of terrorism,
or other man-made disaster.

§ 321l

TITLE 6—DOMESTIC SECURITY

(b) Distribution and assistance
The Administrator shall provide the standards
developed under subsection (a), including detailed written guidance, to State, local, and
tribal governments, and provide expertise and
technical assistance to aid such governments
with credentialing critical infrastructure workers that may respond to a natural disaster, act
of terrorism, or other manmade disaster.
(Pub. L. 107–296, title V, § 522, as added Pub. L.
110–53, title IV, § 409(a), Aug. 3, 2007, 121 Stat.
305.)
§ 321l. Guidance and recommendations
(a) In general
Consistent with their responsibilities and authorities under law, as of the day before August
3, 2007, the Administrator and the Director of
Cybersecurity and Infrastructure Security, in
consultation with the private sector, may develop guidance or recommendations and identify
best practices to assist or foster action by the
private sector in—
(1) identifying potential hazards and assessing risks and impacts;
(2) mitigating the impact of a wide variety
of hazards, including weapons of mass destruction;
(3) managing necessary emergency preparedness and response resources;
(4) developing mutual aid agreements;
(5) developing and maintaining emergency
preparedness and response plans, and associated operational procedures;
(6) developing and conducting training and
exercises to support and evaluate emergency
preparedness and response plans and operational procedures;
(7) developing and conducting training programs for security guards to implement emergency preparedness and response plans and operations procedures; and
(8) developing procedures to respond to requests for information from the media or the
public.
(b) Issuance and promotion
Any guidance or recommendations developed
or best practices identified under subsection (a)
shall be—
(1) issued through the Administrator; and
(2) promoted by the Secretary to the private
sector.
(c) Small business concerns
In developing guidance or recommendations or
identifying best practices under subsection (a),
the Administrator and the Director of
Cybersecurity and Infrastructure Security shall
take into consideration small business concerns
(under the meaning given that term in section
632 of title 15), including any need for separate
guidance or recommendations or best practices,
as necessary and appropriate.
(d) Rule of construction
Nothing in this section may be construed to
supersede any requirement established under
any other provision of law.
(Pub. L. 107–296, title V, § 523, as added Pub. L.
110–53, title IX, § 901(a), Aug. 3, 2007, 121 Stat. 364;

Page 158

amended Pub. L. 115–278, § 2(g)(4)(C), Nov. 16,
2018, 132 Stat. 4178.)
Editorial Notes
AMENDMENTS
2018—Subsecs. (a), (c). Pub. L. 115–278 substituted ‘‘Director of Cybersecurity and Infrastructure Security’’
for ‘‘Assistant Secretary for Infrastructure Protection’’.

§ 321m. Voluntary private sector preparedness
accreditation and certification program
(a) Establishment
(1) In general
The Secretary, acting through the officer
designated under paragraph (2), shall establish
and implement the voluntary private sector
preparedness accreditation and certification
program in accordance with this section.
(2) Designation of officer
The Secretary shall designate an officer responsible for the accreditation and certification program under this section. Such officer (hereinafter referred to in this section as
the ‘‘designated officer’’) shall be one of the
following:
(A) The Administrator, based on consideration of—
(i) the expertise of the Administrator in
emergency management and preparedness
in the United States; and
(ii) the responsibilities of the Administrator as the principal advisor to the
President for all matters relating to emergency management in the United States.
(B) The Assistant Secretary for Infrastructure Protection,1 based on consideration of
the expertise of the Assistant Secretary in,
and responsibilities for—
(i) protection of critical infrastructure;
(ii) risk assessment methodologies; and
(iii) interacting with the private sector
on the issues described in clauses (i) and
(ii).
(C) The Under Secretary for Science and
Technology, based on consideration of the
expertise of the Under Secretary in, and responsibilities associated with, standards.
(3) Coordination
In carrying out the accreditation and certification program under this section, the designated officer shall coordinate with—
(A) the other officers of the Department
referred to in paragraph (2), using the expertise and responsibilities of such officers; and
(B) the Special Assistant to the Secretary
for the Private Sector, based on consideration of the expertise of the Special Assistant in, and responsibilities for, interacting
with the private sector.
(b) Voluntary private sector preparedness standards; voluntary accreditation and certification program for the private sector
(1) Accreditation and certification program
Not later than 210 days after August 3, 2007,
the designated officer shall—
1 See

Change of Name note below.

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TITLE 6—DOMESTIC SECURITY

(A) begin supporting the development and
updating, as necessary, of voluntary preparedness standards through appropriate organizations that coordinate or facilitate the
development and use of voluntary consensus
standards and voluntary consensus standards development organizations; and
(B) in consultation with representatives of
appropriate organizations that coordinate or
facilitate the development and use of voluntary consensus standards, appropriate voluntary consensus standards development organizations, each private sector advisory
council created under section 112(f)(4) of this
title, appropriate representatives of State
and local governments, including emergency
management officials, and appropriate private sector advisory groups, such as sector
coordinating councils and information sharing and analysis centers—
(i) develop and promote a program to
certify the preparedness of private sector
entities that voluntarily choose to seek
certification under the program; and
(ii) implement the program under this
subsection through any entity with which
the designated officer enters into an agreement under paragraph (3)(A), which shall
accredit third parties to carry out the certification process under this section.
(2) Program elements
(A) In general
(i) Program
The program developed and implemented
under this subsection shall assess whether
a private sector entity complies with voluntary preparedness standards.
(ii) Guidelines
In developing the program under this
subsection, the designated officer shall develop guidelines for the accreditation and
certification processes established under
this subsection.
(B) Standards
The designated officer, in consultation
with representatives of appropriate organizations that coordinate or facilitate the development and use of voluntary consensus
standards, representatives of appropriate
voluntary consensus standards development
organizations, each private sector advisory
council created under section 112(f)(4) of this
title, appropriate representatives of State
and local governments, including emergency
management officials, and appropriate private sector advisory groups such as sector
coordinating councils and information sharing and analysis centers—
(i) shall adopt one or more appropriate
voluntary preparedness standards that
promote preparedness, which may be tailored to address the unique nature of various sectors within the private sector, as
necessary and appropriate, that shall be
used in the accreditation and certification
program under this subsection; and
(ii) after the adoption of one or more
standards under clause (i), may adopt addi-

§ 321m

tional voluntary preparedness standards or
modify or discontinue the use of voluntary
preparedness standards for the accreditation and certification program, as necessary and appropriate to promote preparedness.
(C) Submission of recommendations
In adopting one or more standards under
subparagraph (B), the designated officer may
receive recommendations from any entity
described in that subparagraph relating to
appropriate voluntary preparedness standards, including appropriate sector specific
standards, for adoption in the program.
(D) Small business concerns
The designated officer and any entity with
which the designated officer enters into an
agreement under paragraph (3)(A) shall establish separate classifications and methods
of certification for small business concerns
(under the meaning given that term in section 632 of title 15) for the program under
this subsection.
(E) Considerations
In developing and implementing the program under this subsection, the designated
officer shall—
(i) consider the unique nature of various
sectors within the private sector, including preparedness standards, business continuity standards, or best practices, established—
(I) under any other provision of Federal law; or
(II) by any Sector Risk Management
Agency, as defined under Homeland Security Presidential Directive–7; and
(ii) coordinate the program, as appropriate, with—
(I) other Department private sector related programs; and
(II) preparedness and business continuity programs in other Federal agencies.
(3) Accreditation and certification processes
(A) Agreement
(i) In general
Not later than 210 days after August 3,
2007, the designated officer shall enter into
one or more agreements with a highly
qualified nongovernmental entity with experience or expertise in coordinating and
facilitating the development and use of
voluntary consensus standards and in
managing or implementing accreditation
and certification programs for voluntary
consensus standards, or a similarly qualified private sector entity, to carry out accreditations and oversee the certification
process under this subsection. An entity
entering into an agreement with the designated officer under this clause (hereinafter referred to in this section as a ‘‘selected entity’’) shall not perform certifications under this subsection.
(ii) Contents
A selected entity shall manage the accreditation process and oversee the certifi-

§ 321m

TITLE 6—DOMESTIC SECURITY

cation process in accordance with the program established under this subsection and
accredit qualified third parties to carry
out the certification program established
under this subsection.
(B) Procedures and requirements for accreditation and certification
(i) In general
Any selected entity shall collaborate to
develop procedures and requirements for
the accreditation and certification processes under this subsection, in accordance
with the program established under this
subsection and guidelines developed under
paragraph (2)(A)(ii).
(ii) Contents and use
The procedures and requirements developed under clause (i) shall—
(I) ensure reasonable uniformity in any
accreditation and certification processes
if there is more than one selected entity;
and
(II) be used by any selected entity in
conducting accreditations and overseeing the certification process under
this subsection.
(iii) Disagreement
Any disagreement among selected entities in developing procedures under clause
(i) shall be resolved by the designated officer.
(C) Designation
A selected entity may accredit any qualified third party to carry out the certification process under this subsection.
(D) Disadvantaged business involvement
In accrediting qualified third parties to
carry out the certification process under
this subsection, a selected entity shall ensure, to the extent practicable, that the
third parties include qualified small, minority, women-owned, or disadvantaged business concerns when appropriate. The term
‘‘disadvantaged business concern’’ means a
small business that is owned and controlled
by socially and economically disadvantaged
individuals, as defined in section 124 of title
13, United States Code of Federal Regulations.
(E) Treatment of other certifications
At the request of any entity seeking certification, any selected entity may consider,
as appropriate, other relevant certifications
acquired by the entity seeking certification.
If the selected entity determines that such
other certifications are sufficient to meet
the certification requirement or aspects of
the certification requirement under this section, the selected entity may give credit to
the entity seeking certification, as appropriate, to avoid unnecessarily duplicative
certification requirements.
(F) Third parties
To be accredited under subparagraph (C), a
third party shall—
(i) demonstrate that the third party has
the ability to certify private sector enti-

Page 160

ties in accordance with the procedures and
requirements developed under subparagraph (B);
(ii) agree to perform certifications in accordance with such procedures and requirements;
(iii) agree not to have any beneficial interest in or any direct or indirect control
over—
(I) a private sector entity for which
that third party conducts a certification
under this subsection; or
(II) any organization that provides preparedness consulting services to private
sector entities;
(iv) agree not to have any other conflict
of interest with respect to any private sector entity for which that third party conducts a certification under this subsection;
(v) maintain liability insurance coverage
at policy limits in accordance with the requirements developed under subparagraph
(B); and
(vi) enter into an agreement with the selected entity accrediting that third party
to protect any proprietary information of
a private sector entity obtained under this
subsection.
(G) Monitoring
(i) In general
The designated officer and any selected
entity shall regularly monitor and inspect
the operations of any third party conducting certifications under this subsection to
ensure that the third party is complying
with the procedures and requirements established under subparagraph (B) and all
other applicable requirements.
(ii) Revocation
If the designated officer or any selected
entity determines that a third party is not
meeting the procedures or requirements
established under subparagraph (B), the selected entity shall—
(I) revoke the accreditation of that
third party to conduct certifications
under this subsection; and
(II) review any certification conducted
by that third party, as necessary and appropriate.
(4) Annual review
(A) In general
The designated officer, in consultation
with representatives of appropriate organizations that coordinate or facilitate the development and use of voluntary consensus
standards, appropriate voluntary consensus
standards development organizations, appropriate representatives of State and local
governments, including emergency management officials, and each private sector advisory council created under section 112(f)(4) of
this title, shall annually review the voluntary accreditation and certification program established under this subsection to
ensure the effectiveness of such program (including the operations and management of
such program by any selected entity and the

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TITLE 6—DOMESTIC SECURITY

selected entity’s inclusion of qualified disadvantaged business concerns under paragraph (3)(D)) and make improvements and
adjustments to the program as necessary
and appropriate.
(B) Review of standards
Each review under subparagraph (A) shall
include an assessment of the voluntary preparedness standard or standards used in the
program under this subsection.
(5) Voluntary participation
Certification under this subsection shall be
voluntary for any private sector entity.
(6) Public listing
The designated officer shall maintain and
make public a listing of any private sector entity certified as being in compliance with the
program established under this subsection, if
that private sector entity consents to such
listing.
(c) Rule of construction
Nothing in this section may be construed as—
(1) a requirement to replace any preparedness, emergency response, or business continuity standards, requirements, or best practices
established—
(A) under any other provision of federal
law; or
(B) by any Sector Risk Management Agency, as those agencies are defined under
Homeland Security Presidential Directive–7;
or
(2) exempting any private sector entity seeking certification or meeting certification requirements under subsection (b) from compliance with all applicable statutes, regulations,
directives, policies, and industry codes of practice.
(Pub. L. 107–296, title V, § 524, as added Pub. L.
110–53, title IX, § 901(a), Aug. 3, 2007, 121 Stat. 365;
amended Pub. L. 116–283, div. H, title XC,
§ 9002(c)(2)(B), Jan. 1, 2021, 134 Stat. 4772.)
Editorial Notes
AMENDMENTS
2021—Subsec.
(b)(2)(E)(i)(II).
Pub.
L.
116–283,
§ 9002(c)(2)(B)(i), substituted ‘‘Sector Risk Management
Agency’’ for ‘‘sector-specific agency’’.
Subsec. (c)(1)(B). Pub. L. 116–283, § 9002(c)(2)(B)(ii),
substituted ‘‘Sector Risk Management Agency’’ for
‘‘sector-specific agency’’.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Reference to Assistant Secretary for Infrastructure
Protection deemed to be a reference to Assistant Director for Infrastructure Security, see section 654(a)(3) of
this title. Assistant Secretary for Infrastructure Protection serving on the day before Nov. 16, 2018, authorized to continue to serve as Assistant Director for Infrastructure Security on and after such date, see section 2(b)(4) of Pub. L. 115–278, set out as a note under
section 654 of this title.
DEADLINE FOR DESIGNATION OF OFFICER
Pub. L. 110–53, title IX, § 901(c), Aug. 3, 2007, 121 Stat.
371, provided that: ‘‘The Secretary of Homeland Secu-

§ 321o

rity shall designate the officer as described in section
524 of the Homeland Security Act of 2002 [6 U.S.C.
321m], as added by subsection (a), by not later than 30
days after the date of the enactment of this Act [Aug.
3, 2007].’’

§ 321n. Acceptance of gifts
(a) Authority
The Secretary may accept and use gifts of
property, both real and personal, and may accept gifts of services, including from guest lecturers, for otherwise authorized activities of the
Center for Domestic Preparedness that are related to efforts to prevent, prepare for, protect
against, or respond to a natural disaster, act of
terrorism, or other man-made disaster, including the use of a weapon of mass destruction.
(b) Prohibition
The Secretary may not accept a gift under
this section if the Secretary determines that the
use of the property or services would compromise the integrity or appearance of integrity
of—
(1) a program of the Department; or
(2) an individual involved in a program of
the Department.
(c) Report
(1) In general
The Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate an annual report disclosing—
(A) any gifts that were accepted under this
section during the year covered by the report;
(B) how the gifts contribute to the mission
of the Center for Domestic Preparedness;
and
(C) the amount of Federal savings that
were generated from the acceptance of the
gifts.
(2) Publication
Each report required under paragraph (1)
shall be made publically available.
(Pub. L. 107–296, title V, § 525, as added Pub. L.
111–245, § 2(a)(1), Sept. 30, 2010, 124 Stat. 2620.)
§ 321o. Integrated public alert and warning system modernization
(a) In general
To provide timely and effective warnings regarding natural disasters, acts of terrorism, and
other man-made disasters or threats to public
safety, the Administrator shall—
(1) modernize the integrated public alert and
warning system of the United States (in this
section referred to as the ‘‘public alert and
warning system’’) to help ensure that under
all conditions the President and, except to the
extent the public alert and warning system is
in use by the President, Federal agencies and
State, tribal, and local governments can alert
and warn the civilian population in areas endangered by natural disasters, acts of terrorism, and other man-made disasters or threats
to public safety; and

§ 321o

TITLE 6—DOMESTIC SECURITY

(2) implement the public alert and warning
system to disseminate timely and effective
warnings regarding natural disasters, acts of
terrorism, and other man-made disasters or
threats to public safety.
(b) Implementation requirements
In carrying out subsection (a), the Administrator shall—
(1) establish or adopt, as appropriate, common alerting and warning protocols, standards, terminology, and operating procedures
for the public alert and warning system;
(2) include in the public alert and warning
system the capability to adapt the distribution and content of communications on the
basis of geographic location, risks, and multiple communication systems and technologies, as appropriate and to the extent
technically feasible;
(3) include in the public alert and warning
system the capability to alert, warn, and provide equivalent information to individuals
with disabilities, individuals with access and
functional needs, and individuals with limitedEnglish proficiency, to the extent technically
feasible;
(4) ensure that training, tests, and exercises
are conducted for the public alert and warning
system, including by—
(A) incorporating the public alert and
warning system into other training and exercise programs of the Department, as appropriate;
(B) establishing and integrating into the
National Incident Management System a
comprehensive and periodic training program to instruct and educate Federal, State,
tribal, and local government officials in the
use of the Common Alerting Protocol enabled Emergency Alert System; and
(C) conducting, not less than once every 3
years, periodic nationwide tests of the public
alert and warning system;
(5) to the extent practicable, ensure that the
public alert and warning system is resilient
and secure and can withstand acts of terrorism
and other external attacks;
(6) conduct public education efforts so that
State, tribal, and local governments, private
entities, and the people of the United States
reasonably understand the functions of the
public alert and warning system and how to
access, use, and respond to information from
the public alert and warning system through a
general market awareness campaign;
(7) consult, coordinate, and cooperate with
the appropriate private sector entities and
Federal, State, tribal, and local governmental
authorities, including the Regional Administrators and emergency response providers;
(8) consult and coordinate with the Federal
Communications Commission, taking into account rules and regulations promulgated by
the Federal Communications Commission; and
(9) coordinate with and consider the recommendations of the Integrated Public Alert and
Warning System Subcommittee established
under section 2(b) of the Integrated Public
Alert and Warning System Modernization Act
of 2015.

Page 162

(c) System requirements
The public alert and warning system shall—
(1) to the extent determined appropriate by
the Administrator, incorporate multiple communications technologies;
(2) be designed to adapt to, and incorporate,
future technologies for communicating directly with the public;
(3) to the extent technically feasible, be designed—
(A) to provide alerts to the largest portion
of the affected population feasible, including
nonresident visitors and tourists, individuals
with disabilities, individuals with access and
functional needs, and individuals with limited-English proficiency; and
(B) to improve the ability of remote areas
to receive alerts;
(4) promote local and regional public and
private partnerships to enhance community
preparedness and response;
(5) provide redundant alert mechanisms
where practicable so as to reach the greatest
number of people; and
(6) to the extent feasible, include a mechanism to ensure the protection of individual
privacy.
(d) Use of system
Except to the extent necessary for testing the
public alert and warning system, the public
alert and warning system shall not be used to
transmit a message that does not relate to a
natural disaster, act of terrorism, or other manmade disaster or threat to public safety.
(e) Performance reports
(1) In general
Not later than 1 year after April 11, 2016, and
annually thereafter through 2018, the Administrator shall make available on the public website of the Agency a performance report,
which shall—
(A) establish performance goals for the implementation of the public alert and warning
system by the Agency;
(B) describe the performance of the public
alert and warning system, including—
(i) the type of technology used for alerts
and warnings issued under the system;
(ii) the measures taken to alert, warn,
and provide equivalent information to individuals with disabilities, individuals
with access and function 1 needs, and individuals with limited-English proficiency;
and
(iii) the training, tests, and exercises
performed and the outcomes obtained by
the Agency;
(C) identify significant challenges to the
effective operation of the public alert and
warning system and any plans to address
these challenges;
(D) identify other necessary improvements
to the system; and
(E) provide an analysis comparing the performance of the public alert and warning
system with the performance goals established under subparagraph (A).
1 So

in original. Probably should be ‘‘functional’’.

Page 163

TITLE 6—DOMESTIC SECURITY

(2) Congress
The Administrator shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation
and Infrastructure and the Committee on
Homeland Security of the House of Representatives each report required under paragraph
(1).
(Pub. L. 107–296, title V, § 526, as added Pub. L.
114–143, § 2(a), Apr. 11, 2016, 130 Stat. 327.)
Editorial Notes
REFERENCES IN TEXT
Section 2(b) of the Integrated Public Alert and Warning System Modernization Act of 2015, referred to in
subsec. (b)(9), is section 2(b) of Pub. L. 114–143, Apr. 11,
2016, 130 Stat. 329, which is not classified to the Code.
Statutory Notes and Related Subsidiaries
CONSTRUCTION
Pub. L. 114–143, § 2(d), Apr. 11, 2016, 130 Stat. 332, provided that:
‘‘(1) DEFINITION.—In this subsection, the term ‘participating commercial mobile service provider’ has the
meaning given that term under section 10.10(f) of title
47, Code of Federal Regulations, as in effect on the date
of enactment of this Act [Apr. 11, 2016].
‘‘(2) LIMITATIONS.—Nothing in this Act [enacting this
section and provisions set out as a note under section
101 of this title], including an amendment made by this
Act, shall be construed—
‘‘(A) to affect any authority—
‘‘(i) of the Department of Commerce;
‘‘(ii) of the Federal Communications Commission;
or
‘‘(iii) provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.);
‘‘(B) to provide the Secretary of Homeland Security
with authority to require any action by the Department of Commerce, the Federal Communications
Commission, or any nongovernmental entity;
‘‘(C) to apply to, or to provide the Administrator of
the Federal Emergency Management Agency with authority over, any participating commercial mobile
service provider;
‘‘(D) to alter in any way the wireless emergency
alerts service established under the Warning, Alert,
and Response Network Act (47 U.S.C. 1201 et seq.) or
any related orders issued by the Federal Communications Commission after October 13, 2006; or
‘‘(E) to provide the Federal Emergency Management Agency with authority to require a State or
local jurisdiction to use the integrated public alert
and warning system of the United States.’’

§ 321o–1. Integrated public alert and warning system
(a) Definitions
In this section—
(1) the term ‘‘Administrator’’ means the Administrator of the Agency;
(2) the term ‘‘Agency’’ means the Federal
Emergency Management Agency;
(3) the term ‘‘appropriate congressional committees’’ means—
(A) the Committee on Homeland Security
and Governmental Affairs of the Senate;
(B) the Committee on Transportation and
Infrastructure of the House of Representatives; and

§ 321o–1

(C) the Committee on Homeland Security
of the House of Representatives;
(4) the term ‘‘public alert and warning system’’ means the integrated public alert and
warning system of the United States described
in section 321o of this title;
(5) the term ‘‘Secretary’’ means the Secretary of Homeland Security; and
(6) the term ‘‘State’’ means any State of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and
any possession of the United States.
(b) Integrated public alert and warning system
(1) In general
Not later than 1 year after December 20,
2019, the Administrator shall develop minimum requirements for State, Tribal, and local
governments to participate in the public alert
and warning system and that are necessary to
maintain the integrity of the public alert and
warning system, including—
(A) guidance on the categories of public
emergencies and appropriate circumstances
that warrant an alert and warning from
State, Tribal, and local governments using
the public alert and warning system;
(B) the procedures for State, Tribal, and
local government officials to authenticate
civil emergencies and initiate, modify, and
cancel alerts transmitted through the public
alert and warning system, including protocols and technology capabilities for—
(i) the initiation, or prohibition on the
initiation, of alerts by a single authorized
or unauthorized individual;
(ii) testing a State, Tribal, or local government incident management and warning tool without accidentally initiating an
alert through the public alert and warning
system; and
(iii) steps a State, Tribal, or local government official should take to mitigate
the possibility of the issuance of a false
alert through the public alert and warning
system;
(C) the standardization, functionality, and
interoperability of incident management
and warning tools used by State, Tribal, and
local governments to notify the public of an
emergency through the public alert and
warning system;
(D) the annual training and recertification
of emergency management personnel on requirements for originating and transmitting
an alert through the public alert and warning system;
(E) the procedures, protocols, and guidance
concerning the protective action plans that
State, Tribal, and local governments shall
issue to the public following an alert issued
under the public alert and warning system;
(F) the procedures, protocols, and guidance
concerning the communications that State,
Tribal, and local governments shall issue to
the public following a false alert issued
under the public alert and warning system;
(G) a plan by which State, Tribal, and
local government officials may, during an

§ 321o–1

TITLE 6—DOMESTIC SECURITY

emergency, contact each other as well as
Federal officials and participants in the
Emergency Alert System and the Wireless
Emergency Alert System, when appropriate
and necessary, by telephone, text message,
or other means of communication regarding
an alert that has been distributed to the
public; and
(H) any other procedure the Administrator
considers appropriate for maintaining the
integrity of and providing for public confidence in the public alert and warning system.
(2) Coordination with National Advisory Council report
The Administrator shall ensure that the
minimum requirements developed under paragraph (1) do not conflict with recommendations made for improving the public alert and
warning system provided in the report submitted by the National Advisory Council under
section 2(b)(7)(B) of the Integrated Public
Alert and Warning System Modernization Act
of 2015 (Public Law 114–143; 130 Stat. 332).
(3) Public consultation
In developing the minimum requirements
under paragraph (1), the Administrator shall
ensure appropriate public consultation and, to
the extent practicable, coordinate the development of the requirements with stakeholders of
the public alert and warning system, including—
(A) appropriate personnel from Federal
agencies, including the National Institute of
Standards and Technology, the Agency, and
the Federal Communications Commission;
(B) representatives of State and local governments and emergency services personnel,
who shall be selected from among individuals nominated by national organizations
representing those governments and personnel;
(C) representatives of Federally recognized
Indian tribes and national Indian organizations;
(D) communications service providers;
(E) vendors, developers, and manufacturers
of systems, facilities, equipment, and capabilities for the provision of communications
services;
(F) third-party service bureaus;
(G) the national organization representing
the licensees and permittees of noncommercial broadcast television stations;
(H) technical experts from the broadcasting industry;
(I) educators from the Emergency Management Institute; and
(J) other individuals with technical expertise as the Administrator determines appropriate.
(4) Advice to the administrator
In accordance with the Federal Advisory
Committee Act (5 U.S.C. App.), the Administrator may obtain advice from a single individual or non-consensus advice from each of
the several members of a group without invoking that Act.

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(c) Incident management and warning tool validation
(1) In general
The Administrator shall establish a process
to ensure that an incident management and
warning tool used by a State, Tribal, or local
government to originate and transmit an alert
through the public alert and warning system
meets the requirements developed by the Administrator under subsection (b)(1).
(2) Requirements
The process required to be established under
paragraph (1) shall include—
(A) the ability to test an incident management and warning tool in the public alert
and warning system lab;
(B) the ability to certify that an incident
management and warning tool complies with
the applicable cyber frameworks of the Department of Homeland Security and the National Institute of Standards and Technology;
(C) a process to certify developers of emergency management software; and
(D) requiring developers to provide the Administrator with a copy of and rights of use
for ongoing testing of each version of incident management and warning tool software
before the software is first used by a State,
Tribal, or local government.
(d) Review and update of memoranda of understanding
The Administrator shall review the memoranda of understanding between the Agency and
State, Tribal, and local governments with respect to the public alert and warning system to
ensure that all agreements ensure compliance
with the requirements developed by the Administrator under subsection (b)(1).
(e) Future memoranda
On and after the date that is 60 days after the
date on which the Administrator issues the requirements developed under subsection (b)(1),
any new memorandum of understanding entered
into between the Agency and a State, Tribal, or
local government with respect to the public
alert and warning system shall comply with
those requirements.
(f) Missile alert and warning authorities
(1) In general
(A) Authority
On and after the date that is 120 days after
December 20, 2019, the authority to originate
an alert warning the public of a missile
launch directed against a State using the
public alert and warning system shall reside
primarily with the Federal Government.
(B) Delegation of authority
The Secretary may delegate the authority
described in subparagraph (A) to a State,
Tribal, or local entity if, not later than 180
days after December 20, 2019, the Secretary
submits a report to the appropriate congressional committees that—
(i) it is not feasible for the Federal Government to alert the public of a missile
threat against a State; or

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TITLE 6—DOMESTIC SECURITY

(ii) it is not in the national security interest of the United States for the Federal
Government to alert the public of a missile threat against a State.
(C) Activation of system
Upon verification of a missile threat, the
President, utilizing established authorities,
protocols and procedures, may activate the
public alert and warning system.
(D) Rule of construction
Nothing in this paragraph shall be construed to change the command and control
relationship between entities of the Federal
Government with respect to the identification, dissemination, notification, or alerting
of information of missile threats against the
United States that was in effect on the day
before December 20, 2019.
(2) Required processes
The Secretary, acting through the Administrator, shall establish a process to promptly
notify a State warning point, and any State
entities that the Administrator determines
appropriate, following the issuance of an alert
described in paragraph (1)(A) so the State may
take appropriate action to protect the health,
safety, and welfare of the residents of the
State.
(3) Guidance
The Secretary, acting through the Administrator, shall work with the Governor of a
State warning point to develop and implement
appropriate protective action plans to respond
to an alert described in paragraph (1)(A) for
that State.
(4) Study and report
Not later than 1 year after December 20,
2019, the Secretary shall—
(A) examine the feasibility of establishing
an alert designation under the public alert
and warning system that would be used to
alert and warn the public of a missile threat
while concurrently alerting a State warning
point so that a State may activate related
protective action plans; and
(B) submit a report of the findings under
subparagraph (A), including of the costs and
timeline for taking action to implement an
alert designation described in subparagraph
(A), to—
(i) the Subcommittee on Homeland Security of the Committee on Appropriations
of the Senate;
(ii) the Committee on Homeland Security and Governmental Affairs of the Senate;
(iii) the Subcommittee on Homeland Security of the Committee on Appropriations
of the House of Representatives;
(iv) the Committee on Transportation
and Infrastructure of the House of Representatives; and
(v) the Committee on Homeland Security
of the House of Representatives.
(g) Use of integrated public alert and warning
system lab
Not later than 1 year after December 20, 2019,
the Administrator shall—

§ 321o–1

(1) develop a program to increase the utilization of the public alert and warning system
lab of the Agency by State, Tribal, and local
governments to test incident management and
warning tools and train emergency management professionals on alert origination protocols and procedures; and
(2) submit to the appropriate congressional
committees a report describing—
(A) the impact on utilization of the public
alert and warning system lab by State, Tribal, and local governments, with particular
attention given to the impact on utilization
in rural areas, resulting from the program
developed under paragraph (1); and
(B) any further recommendations that the
Administrator would make for additional
statutory or appropriations authority necessary to increase the utilization of the public alert and warning system lab by State,
Tribal, and local governments.
(h) Awareness of alerts and warnings
Not later than 1 year after December 20, 2019,
the Administrator shall—
(1) conduct a review of the National Watch
Center and each Regional Watch Center of the
Agency; and
(2) submit to the appropriate congressional
committees a report on the review conducted
under paragraph (1), which shall include—
(A) an assessment of the technical capability of the National and Regional Watch Centers described in paragraph (1) to be notified
of alerts and warnings issued by a State
through the public alert and warning system;
(B) a determination of which State alerts
and warnings the National and Regional
Watch Centers described in paragraph (1)
should be aware of; and
(C) recommendations for improving the
ability of the National and Regional Watch
Centers described in paragraph (1) to receive
any State alerts and warnings that the Administrator determines are appropriate.
(i) Reporting false alerts
Not later than 15 days after the date on which
a State, Tribal, or local government official
transmits a false alert under the public alert
and warning system, the Administrator shall report to the appropriate congressional committees on—
(1) the circumstances surrounding the false
alert;
(2) the content, cause, and population impacted by the false alert; and
(3) any efforts to mitigate any negative impacts of the false alert.
(j) Reporting participation rates
The Administrator shall, on an annual basis,
report to the appropriate congressional committees on—
(1) participation rates in the public alert and
warning system; and
(2) any efforts to expand alert, warning, and
interoperable communications to rural and
underserved areas.
(k) Timeline for compliance
Each State shall be given a reasonable amount
of time to comply with any new rules, regula-

§ 321p

TITLE 6—DOMESTIC SECURITY

tions, or requirements imposed under this section.
(Pub. L. 116–92, div. A, title XVII, § 1756, Dec. 20,
2019, 133 Stat. 1855.)
Editorial Notes
REFERENCES IN TEXT
Section 2(b)(7)(B) of the Integrated Public Alert and
Warning System Modernization Act of 2015, referred to
in subsec. (b)(2), is section 2(b)(7)(B) of Pub. L. 114–143,
Apr. 11, 2016, 130 Stat. 332, which relates to submission
of reports by the National Advisory Council and is not
classified to the Code.
The Federal Advisory Committee Act, referred to in
subsec. (b)(4), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770,
which is set out in the Appendix to Title 5, Government
Organization and Employees.
CODIFICATION
Section was enacted as part of the National Defense
Authorization Act for Fiscal Year 2020, and not as part
of the Homeland Security Act of 2002 which comprises
this chapter.

§ 321p. National planning and education
The Secretary shall, to the extent practicable—
(1) include in national planning frameworks
the threat of an EMP or GMD event; and
(2) conduct outreach to educate owners and
operators of critical infrastructure, emergency
planners, and emergency response providers at
all levels of government regarding threats of
EMP and GMD.
(Pub. L. 107–296, title V, § 527, as added Pub. L.
114–328, div. A, title XIX, § 1913(a)(4), Dec. 23,
2016, 130 Stat. 2686.)
§ 321q. Coordination of Department of Homeland
Security efforts related to food, agriculture,
and veterinary defense against terrorism
(a) Program required
The Secretary, acting through the Assistant
Secretary for the Countering Weapons of Mass
Destruction Office, shall carry out a program to
coordinate the Department’s efforts related to
defending the food, agriculture, and veterinary
systems of the United States against terrorism
and other high-consequence events that pose a
high risk to homeland security.
(b) Program elements
The coordination program required by subsection (a) shall include, at a minimum, the following:
(1) Providing oversight and management of
the Department’s responsibilities pursuant to
Homeland Security Presidential Directive
9–Defense of United States Agriculture and
Food.
(2) Providing oversight and integration of
the Department’s activities related to veterinary public health, food defense, and agricultural security.
(3) Leading the Department’s policy initiatives relating to food, animal, and agricultural
incidents, and the impact of such incidents on
animal and public health.
(4) Leading the Department’s policy initiatives relating to overall domestic preparedness

Page 166

for and collective response to agricultural terrorism.
(5) Coordinating with other Department
components, including U.S. Customs and Border Protection, as appropriate, on activities
related to food and agriculture security and
screening procedures for domestic and imported products.
(6) Coordinating with appropriate Federal
departments and agencies.
(7) Other activities as determined necessary
by the Secretary.
(c) Rule of construction
Nothing in this section may be construed as
altering or superseding the authority of the Secretary of Agriculture or the Secretary of Health
and Human Services.
(Pub. L. 107–296, title V, § 528, as added Pub. L.
115–43, § 2(a), June 30, 2017, 131 Stat. 884; amended
Pub. L. 115–387, § 2(f)(5), Dec. 21, 2018, 132 Stat.
5168.)
Editorial Notes
AMENDMENTS
2018—Subsec. (a). Pub. L. 115–387 substituted ‘‘the
Countering Weapons of Mass Destruction Office,’’ for
‘‘Health Affairs,’’.

§ 322. Continuity of the economy plan
(a) Requirement
(1) In general
The President shall develop and maintain a
plan to maintain and restore the economy of
the United States in response to a significant
event.
(2) Principles
The plan required under paragraph (1)
shall—
(A) be consistent with—
(i) a free market economy; and
(ii) the rule of law; and
(B) respect private property rights.
(3) Contents
The plan required under paragraph (1)
shall—
(A) examine the distribution of goods and
services across the United States necessary
for the reliable functioning of the United
States during a significant event;
(B) identify the economic functions of relevant actors, the disruption, corruption, or
dysfunction of which would have a debilitating effect in the United States on—
(i) security;
(ii) economic security;
(iii) defense readiness; or
(iv) public health or safety;
(C) identify the critical distribution mechanisms for each economic sector that should
be prioritized for operation during a significant event, including—
(i) bulk power and electric transmission
systems;
(ii) national and international financial
systems, including wholesale payments,
stocks, and currency exchanges;

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(iii) national and international communications networks, data-hosting services,
and cloud services;
(iv) interstate oil and natural gas pipelines; and
(v) mechanisms for the interstate and
international trade and distribution of materials, food, and medical supplies, including road, rail, air, and maritime shipping;
(D) identify economic functions of relevant
actors, the disruption, corruption, or dysfunction of which would cause—
(i) catastrophic economic loss;
(ii) the loss of public confidence; or
(iii) the widespread imperilment of
human life;
(E) identify the economic functions of relevant actors that are so vital to the economy of the United States that the disruption, corruption, or dysfunction of those economic functions would undermine response,
recovery, or mobilization efforts during a
significant event;
(F) incorporate, to the greatest extent
practicable, the principles and practices contained within Federal plans for the continuity of Government and continuity of operations;
(G) identify—
(i) industrial control networks for which
a loss of internet connectivity, a loss of
network integrity or availability, an exploitation of a system connected to the
network, or another failure, disruption,
corruption, or dysfunction would have a
debilitating effect in the United States
on—
(I) security;
(II) economic security;
(III) defense readiness; or
(IV) public health or safety; and
(ii) for each industrial control network
identified under clause (i), risk mitigation
measures, including—
(I) the installation of parallel services;
(II) the use of stand-alone analog services; or
(III) the significant hardening of the
industrial control network against failure, disruption, corruption, or dysfunction;
(H) identify critical economic sectors for
which the preservation of data in a protected, verified, and uncorrupted status
would be required for the quick recovery of
the economy of the United States in the face
of a significant disruption following a significant event;
(I) include a list of raw materials, industrial goods, and other items, the absence of
which would significantly undermine the
ability of the United States to sustain the
functions described in subparagraphs (B),
(D), and (E);
(J) provide an analysis of supply chain diversification for the items described in subparagraph (I) in the event of a disruption
caused by a significant event;
(K) include—

§ 322

(i) a recommendation as to whether the
United States should maintain a strategic
reserve of 1 or more of the items described
in subparagraph (I); and
(ii) for each item described in subparagraph (I) for which the President recommends maintaining a strategic reserve
under clause (i), an identification of mechanisms for tracking inventory and availability of the item in the strategic reserve;
(L) identify mechanisms in existence on
January 1, 2021 and mechanisms that can be
developed to ensure that the swift transport
and delivery of the items described in subparagraph (I) is feasible in the event of a distribution network disturbance or degradation, including a distribution network disturbance or degradation caused by a significant event;
(M) include guidance for determining the
prioritization for the distribution of the
items described in subparagraph (I), including distribution to States and Indian Tribes;
(N) consider the advisability and feasibility of mechanisms for extending the credit
of the United States or providing other financial support authorized by law to key
participants in the economy of the United
States if the extension or provision of other
financial support—
(i) is necessary to avoid severe economic
degradation; or
(ii) allows for the recovery from a significant event;
(O) include guidance for determining categories of employees that should be prioritized to continue to work in order to sustain the functions described in subparagraphs (B), (D), and (E) in the event that
there are limitations on the ability of individuals to travel to workplaces or to work
remotely, including considerations for defense readiness;
(P) identify critical economic sectors necessary to provide material and operational
support to the defense of the United States;
(Q) determine whether the Secretary of
Homeland Security, the National Guard, and
the Secretary of Defense have adequate authority to assist the United States in a recovery from a severe economic degradation
caused by a significant event;
(R) review and assess the authority and capability of heads of other agencies that the
President determines necessary to assist the
United States in a recovery from a severe
economic degradation caused by a significant event; and
(S) consider any other matter that would
aid in protecting and increasing the resilience of the economy of the United States
from a significant event.
(b) Coordination
In developing the plan required under subsection (a)(1), the President shall—
(1) receive advice from—
(A) the Secretary of Homeland Security;
(B) the Secretary of Defense;
(C) the Secretary of the Treasury;

§ 331

TITLE 6—DOMESTIC SECURITY

(D) the Secretary of Health and Human
Services;
(E) the Secretary of Commerce;
(F) the Secretary of Transportation;
(G) the Secretary of Energy;
(H) the Administrator of the Small Business Administration; and
(I) the head of any other agency that the
President determines necessary to complete
the plan;
(2) consult with economic sectors relating to
critical infrastructure through sector-coordinated councils, as appropriate;
(3) consult with relevant State, Tribal, and
local governments and organizations that represent those governments; and
(4) consult with any other non-Federal entity that the President determines necessary
to complete the plan.
(c) Submission to Congress
(1) In general
Not later than 2 years after January 1, 2021,
and not less frequently than every 3 years
thereafter, the President shall submit the plan
required under subsection (a)(1) and the information described in paragraph (2) to—
(A) the majority and minority leaders of
the Senate;
(B) the Speaker and the minority leader of
the House of Representatives;
(C) the Committee on Armed Services of
the Senate;
(D) the Committee on Armed Services of
the House of Representatives;
(E) the Committee on Homeland Security
and Governmental Affairs of the Senate;
(F) the Committee on Homeland Security
of the House of Representatives;
(G) the Committee on Health, Education,
Labor, and Pensions of the Senate;
(H) the Committee on Commerce, Science,
and Transportation of the Senate;
(I) the Committee on Energy and Commerce of the House of Representatives;
(J) the Committee on Banking, Housing,
and Urban Affairs of the Senate;
(K) the Committee on Finance of the Senate;
(L) the Committee on Financial Services
of the House of Representatives;
(M) the Committee on Small Business and
Entrepreneurship of the Senate;
(N) the Committee on Small Business of
the House of Representatives;
(O) the Committee on Energy and Natural
Resources of the Senate;
(P) the Committee on Environment and
Public Works of the Senate;
(Q) the Committee on Indian Affairs of the
Senate;
(R) the Committee on Oversight and Reform of the House of Representatives;
(S) Committee on the Budget of the House
of Representatives; and
(T) any other committee of the Senate or
the House of Representatives that has jurisdiction over the subject of the plan.
(2) Additional information
The information described in this paragraph
is—

Page 168

(A) any change to Federal law that would
be necessary to carry out the plan required
under subsection (a)(1); and
(B) any proposed changes to the funding
levels provided in appropriation Acts for the
most recent fiscal year that can be implemented in future appropriation Acts or additional resources necessary to—
(i) implement the plan required under
subsection (a)(1); or
(ii) maintain any program offices and
personnel necessary to—
(I) maintain the plan required under
subsection (a)(1) and the plans described
in subsection (a)(3)(F); and
(II) conduct exercises, assessments,
and updates to the plans described in
subclause (I) over time.
(3) Budget of the President
The President may include the information
described in paragraph (2)(B) in the budget required to be submitted by the President under
section 1105(a) of title 31.
(d) Definitions
In this section:
(1) The term ‘‘agency’’ has the meaning
given the term in section 551 of title 5.
(2) The term ‘‘economic sector’’ means a sector of the economy of the United States.
(3) The term ‘‘relevant actor’’ means—
(A) the Federal Government;
(B) a State, local, or Tribal government; or
(C) the private sector.
(4) The term ‘‘significant event’’ means an
event that causes severe degradation to economic activity in the United States due to—
(A) a cyber attack; or
(B) another significant event that is natural or human-caused.
(5) The term ‘‘State’’ means any State of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and
any possession of the United States.
(Pub. L. 116–283, div. H, title XCVI, § 9603, Jan. 1,
2021, 134 Stat. 4829.)
Editorial Notes
CODIFICATION
Section was enacted as part of the William M. (Mac)
Thornberry National Defense Authorization Act for
Fiscal Year 2021, and not as part of the Homeland Security Act of 2002 which comprises this chapter.

SUBCHAPTER VI—TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE
ARMED FORCES OF THE UNITED STATES
AND OTHER GOVERNMENTAL ORGANIZATIONS
§ 331. Treatment of charitable trusts for members
of the Armed Forces of the United States and
other governmental organizations
(a) Findings
Congress finds the following:
(1) Members of the Armed Forces of the
United States defend the freedom and security
of our Nation.