6 U.S.C. § 824: Enhanced catastrophic incident…

Summary

The Secretary must add an extra plan to each Federal Interagency Operational Plan, working with the Administrator and the federal partners named in section 822(b). That extra plan must protect the health, safety, and well-being of people after major catastrophic incidents. It must make sure people have basic supplies, coordinate federal action with State, local, and Indian Tribal governments, the private sector, and nonprofits, encourage people and communities to be prepared and not depend only on government help, and build international partnerships to get relief goods and services. The plan must explain what the federal government will do to meet needs; how it will work with non‑federal groups (including State and local governments, Indian Tribal governments, state disaster agencies and managers, State National Guards, law enforcement and first responders, and nonprofit relief groups); steps to boost individual readiness such as public alerts, improving domestic supplies of critical goods, and public information on response plans; agreements with allies for relief; how it will work if multiple layers of critical infrastructure are destroyed or offline for a long time; and which federal authorities will be used. Planners must assume multiple infrastructure levels are offline or destroyed; affected sectors may include the transportation, communication, energy, healthcare and public health, and water and wastewater sectors; State, local, Indian Tribal, and territorial governments may be equally harmed or largely inoperable; the emergency may exceed response abilities under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and other laws; and the U.S. military may be engaged in armed or cyber conflict with State or non‑State adversaries or otherwise unable to help significantly.

Title 6, §824

Domestic Security, Source: USLM XML via OLRC

(a)In general

The Secretary, in coordination with the Administrator and the Federal partners listed in section 822(b) of this title, shall supplement each Federal Interagency Operational Plan to include an annex containing a strategy to ensure the health, safety, and general welfare of the civilian population affected by catastrophic incidents by—

(1)providing for the basic needs of the civilian population of the United States that is impacted by catastrophic incidents in the United States;

(2)coordinating response efforts with State, local, and Indian Tribal governments, the private sector, and nonprofit relief organizations;

(3)promoting personal and local readiness and non-reliance on government relief during periods of heightened tension or after catastrophic incidents; and

(4)developing international partnerships with allied nations for the provision of relief services and goods.

(b)Elements of the strategy

The strategy required under subsection (a) shall include a description of— (1)

(2)how the Federal Government should coordinate with non-Federal entities to multiply resources and enhance relief capabilities, including—

(A)State and local governments;

(B)Indian Tribal governments;

(C)State disaster relief agencies;

(D)State and local disaster relief managers;

(E)State National Guards;

(F)law enforcement and first response entities; and

(G)nonprofit relief services;

(3)actions the Federal Government should take to enhance individual resiliency to the effects of a catastrophic incident, which actions shall include—

(A)readiness alerts to the public during periods of elevated threat;

(B)efforts to enhance domestic supply and availability of critical goods and basic necessities; and

(C)information campaigns to ensure the public is aware of response plans and services that will be activated when necessary;

(4)efforts the Federal Government should undertake and agreements the Federal Government should seek with international allies to enhance the readiness of the United States to provide for the general welfare;

(5)how the strategy will be implemented should multiple levels of critical infrastructure be destroyed or taken offline entirely for an extended period of time; and

(6)the authorities the Federal Government should implicate in responding to a catastrophic incident.

(c)Assumptions

In designing the strategy under subsection (a), the Secretary, in coordination with the Administrator and the Federal partners listed in section 822(b) of this title, shall account for certain factors to make the strategy operationally viable, including the assumption that—

(1)multiple levels of critical infrastructure have been taken offline or destroyed by catastrophic incidents or the effects of catastrophic incidents;

(2)impacted sectors may include—

(A)the transportation sector;

(B)the communication sector;

(C)the energy sector;

(D)the healthcare and public health sector; and

(E)the water and wastewater sector;

(3)State, local, Indian Tribal, and territorial governments have been equally affected or made largely inoperable by catastrophic incidents or the effects of catastrophic incidents;

(4)the emergency has exceeded the response capabilities of State, local, and Indian Tribal governments under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and other relevant disaster response laws; and

(5)the United States military is sufficiently engaged in armed or cyber conflict with State or non-State adversaries, or is otherwise unable to augment domestic response capabilities in a significant manner due to a catastrophic incident.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (c)(4), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, 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.

Statutory Notes and Related Subsidiaries

Validation of Strategy; Recommendations; Report Pub. L. 117–263, div. G, title LXXIII, §§ 7306–7308, Dec. 23, 2022, 136 Stat. 3688, provided that: “SEC. 7306. VALIDATION OF THE STRATEGY THROUGH AN EXERCISE.“Not later than 1 year after the addition of the annex required under section 7305 [6 U.S.C. 824], the Administrator shall lead an exercise as part of the national exercise program to test and enhance the operationalization of the strategy required under section 7305. “SEC. 7307. RECOMMENDATIONS.“(a) In General.—The Secretary, in coordination with the Administrator and the Federal partners listed in section 7303(b) of this title [6 U.S.C. 822(b)], shall provide recommendations to Congress for—“(1) actions that should be taken to prepare the United States to implement the strategy required under section 7305, increase readiness, and address preparedness gaps for responding to the impacts of catastrophic incidents on citizens of the United States; and “(2) additional authorities that should be considered for Federal agencies to more effectively implement the strategy required under section 7305. “(b) Inclusion in Reports.—The Secretary may include the recommendations required under subsection (a) in a report submitted under section 7308. “SEC. 7308. REPORTING REQUIREMENTS.“Not later than 1 year after the date on which the Administrator leads the exercise under section 7306, the Secretary, in coordination with the Administrator, shall submit to Congress a report that includes—“(1) a description of the efforts of the Secretary and the Administrator to develop and update the strategy required under section 7305; and “(2) an after-action report following the conduct of the exercise described in section 7306.”

§824 Enhanced Catastrophic Incident Annex