6 U.S.C. § 311

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 311 - Definitions

In this subchapter-

(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.

1 See References in Text note below.

6 U.S.C. § 311

Pub. L. 107-296, title V, §501, as added Pub. L. 109-295, title VI, §611(10), Oct. 4, 2006, 120 Stat. 1395; amended Pub. L. 110-53, title IV, §401(a), title V, §502(c)(1), Aug. 3, 2007, 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 TEXTSection 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 PROVISIONSA 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.

AMENDMENTS2016-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 NAMEAny 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."

Secretary
The term "Secretary" means the Secretary of Homeland Security.
functions
The term "functions" includes authorities, powers, rights, privileges, immunities, programs, projects, activities, duties, and responsibilities.
personnel
The term "personnel" means officers and employees.
terrorism
The term "terrorism" means any activity that-(A) involves an act that-(i) is dangerous to human life or potentially destructive of critical infrastructure or key resources; and(ii) is a violation of the criminal laws of the United States or of any State or other subdivision of the United States; and(B) appears to be intended-(i) to intimidate or coerce a civilian population;(ii) to influence the policy of a government by intimidation or coercion; or(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping.
Administrator
the term "Administrator" means the Administrator of the Agency;
Agency
the term "Agency" means the Federal Emergency Management Agency;
Federal coordinating officer
the term "Federal coordinating officer" means a Federal coordinating officer as described in section 5143 of title 42;
National Incident Management System
the term "National Incident Management System" means a system to enable effective, efficient, and collaborative incident management;
National Response Plan
the term "National Response Plan" means the National Response Plan or any successor plan prepared under section 314(a)(6) of this title;
catastrophic incident
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;
emergency management
the term "emergency management" means the governmental function that coordinates and integrates all activities necessary to build, sustain, and improve the capability to prepare for, protect against, respond to, recover from, or mitigate against threatened or actual natural disasters, acts of terrorism, or other man-made disasters;
surge capacity
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; and
tribal government
the term "tribal government" means the government of an Indian tribe or authorized tribal organization, or in Alaska a Native village or Alaska Regional Native Corporation.1 See References in Text note below.