6 U.S.C. § 314 — Authority and responsibilities
submitted 24 years ago by Pub. L. 107-296 to r/title-6-DOMESTIC-SECURITY · 796 words · no verdicts yet
The FEMA Administrator leads the federal government's work on disasters, terrorism, and other emergencies. This section lists 21 specific duties, from training responders to running the national stockpile and recovery efforts. The Administrator must use a risk-based, all-hazards strategy for every type of threat.
(a) In general. The Administrator* must give federal leadership to prepare for, protect against, respond to, recover from, or reduce the harm from a natural disaster, a terrorist act, or another man-made disaster. That includes 21 specific jobs:
(1) Help make sure emergency* responders can handle terrorist attacks, major disasters, and other emergencies.
(2) For the Nuclear Incident Response Team* — whether or not it is currently part of the Department* — the Administrator must set standards and certify when they are met, run joint training and exercises and grade performance, and give money to the Department of Energy and the EPA for related planning, training, and equipment.
(3) Run the federal government's response to terrorist attacks and major disasters. That means managing the response, directing the Domestic Emergency Support Team (and the Nuclear Incident Response Team when it is part of the Department), overseeing the Metropolitan Medical Response System, and coordinating other federal response resources*, including ordering the Strategic National Stockpile into action.
(4) Help the country recover from terrorist attacks and major disasters.
(5) Build a full national incident management system* using federal, state*, and local people and agencies.
(6) Merge existing federal emergency response plans into one coordinated national response plan*.
(7) Help federal, state, local, and tribal governments and responders get communications equipment that works and works together.
(8) Help the President carry out the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and carry out everything that Act gives the Administrator authority to do.
(9) Reduce loss of life and property by leading a risk-based, all-hazards emergency management* system built on four parts: (A) mitigation — taking lasting steps to cut long-term risks to people and property; (B) preparedness — planning, training, and building up the emergency management profession; (C) response — running emergency operations such as positioning equipment and supplies, evacuating people, providing food, water, shelter, and medical care, and restoring public services; and (D) recovery — rebuilding communities so people, businesses, and governments can return to normal and guard against future hazards.
(10) Make things more efficient by coordinating preparedness, protection, response, recovery, and mitigation work.
(11) Help make sure emergency responders can handle a natural disaster, terrorism, or another man-made disaster.
(12) Supervise the Agency's grant programs.
(13) Run the National Response Plan and make sure every emergency support function under it is ready.
(14) Coordinate with the National Advisory Council created under section 318.
(15) Prepare and carry out the federal government's plans for (A) continuity of operations, (B) continuity of government, and (C) continuity of plans.
(16) Cut down, as much as practical, on planning and reporting duties that overlap for state, local, and tribal governments and private businesses.
(17) Run the National Response Coordination Center (or whatever replaces it).
(18) Build a national emergency management system able to prepare for, protect against, respond to, recover from, and reduce the harm of catastrophic incidents.
(19) Help the President carry out the national preparedness goal and system, and exercise all of the Administrator's authority under that system.
(20) Carry out all authority that section 315 of this title transferred from FEMA and the Department's Preparedness Directorate.
(21) Otherwise carry out the Agency's mission as described in section 313(b).
(b) All-hazards approach. In doing all of this, the Administrator must coordinate a risk-based, all-hazards strategy. That means building the common capabilities needed for natural disasters, terrorism, and other man-made disasters generally, while also building the special capabilities needed for the specific kinds of incidents that pose the biggest risk to the country.
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—
helping to ensure the effectiveness of emergency response providers* to terrorist attacks, major disasters, and other emergencies;
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)—
establishing standards and certifying when those standards have been met;
conducting joint and other exercises and training and evaluating performance; and
providing funds to the Department of Energy and the Environmental Protection Agency*, as appropriate, for homeland* security planning, exercises and training, and equipment;
providing the Federal Government’s response to terrorist attacks and major disasters, including—
managing such response;
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;
overseeing the Metropolitan Medical Response System; and
coordinating other Federal response resources*, including requiring deployment of the Strategic National Stockpile, in the event of a terrorist attack or major disaster*;
aiding the recovery from terrorist attacks and major disasters;
building a comprehensive national incident management system* with Federal, State*, and local government* personnel, agencies, and authorities, to respond to such attacks and disasters;
consolidating existing Federal Government emergency response plans into a single, coordinated national response plan*;
helping ensure the acquisition of operable and interoperable* communications capabilities by Federal, State, local, and tribal governments and emergency response providers;
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;
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—
mitigation, by taking sustained actions to reduce or eliminate long-term risks to people and property from hazards and their effects;
preparedness, by planning, training, and building the emergency management profession to prepare effectively for, mitigate against, respond to, and recover from any hazard;
response, by conducting emergency operations to save lives and property through 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
recovery, by rebuilding communities so individuals, businesses, and governments can function on their own, return to normal life, and protect against future hazards;
increasing efficiencies, by coordinating efforts relating to preparedness, protection, response, recovery, and mitigation;
helping to ensure the effectiveness of emergency response providers in responding to a natural disaster, act of terrorism, or other man-made disaster;
supervising grant programs administered by the Agency;
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;
coordinating with the National Advisory Council established under section 318 of this title;
preparing and implementing the plans and programs of the Federal Government for—
continuity of operations;
continuity of government; and
continuity of plans;
minimizing, to the extent practicable, overlapping planning and reporting requirements applicable to State, local, and tribal governments and the private sector;
maintaining and operating within the Agency the National Response Coordination Center or its successor;
developing a national emergency management system that is capable of preparing for, protecting against, responding to, recovering from, and mitigating against catastrophic incidents;
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;
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
otherwise carrying out the mission of the Agency as described in section 313(b) of this title.
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 man-made disasters, while also building the unique capabilities necessary to prepare for, protect against, respond to, recover from, or mitigate against the risks of specific types of incidents that pose the greatest risk to the Nation.
Source credit: (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.)
- 2002Enacted · Pub. L. 107-296 · 116 Stat. 2212
- 2004Amended · Pub. L. 108-276 · 118 Stat. 852
- 2004Amended · Pub. L. 108-458 · 118 Stat. 3846
- 2006Amended · Pub. L. 109-295 · 120 Stat. 1395, 1398
- 2006Amended · Pub. L. 109-417 · 120 Stat. 2854
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-296 on 2002-11-25.
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