US (United States) Code. Title 42. Chapter 68: Disaster relief

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # The Public Health and Welfare

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 85 páginas
publicidad
publicidad

PART 9 - DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Sec. 901. Lead Responsibilities. In addition to the applicable

responsibilities covered in Parts 1 and 2, the Secretary of Housing

and Urban Development shall:

(1) Develop plans for provision and management of housing in

national security emergencies, including:

(a) Providing temporary housing using Federal financing and other

arrangements;

(b) Providing for radiation protection by encouraging voluntary

construction of shelters and voluntary use of cost-efficient design

and construction techniques to maximize population protection;

(2) Develop plans, in cooperation with the heads of other Federal

departments and agencies and State and local governments, to

restore community facilities, including electrical power, potable

water, and sewage disposal facilities, damaged in national security

emergencies.

PART 10 - DEPARTMENT OF THE INTERIOR

Sec. 1001. Lead Responsibilities. In addition to the applicable

responsibilities covered in Parts 1 and 2, the Secretary of the

Interior shall:

(1) Develop programs and encourage the exploration, development,

and mining of strategic and critical and other nonfuel minerals for

national security emergency purposes;

(2) Provide guidance to mining industries in the development of

plans and programs to ensure continuity of production during

national security emergencies;

(3) Develop and implement plans for the management, control,

allocation, and use of public land under the jurisdiction of the

Department of the Interior in national security emergencies and

coordinate land emergency planning at the Federal, State, and local

levels.

Sec. 1002. Support Responsibilities. The Secretary of the

Interior shall:

(1) Assist the Secretary of Defense in formulating and carrying

out plans for stockpiling strategic and critical minerals;

(2) Cooperate with the Secretary of Commerce in the

identification and evaluation of facilities essential for national

security emergencies;

(3) Support the Secretary of Agriculture in planning for the

national security management, production, and processing of forest

products.

PART 11 - DEPARTMENT OF JUSTICE

Sec. 1101. Lead Responsibilities. In addition to the applicable

responsibilities covered in Parts 1 and 2, the Attorney General of

the United States shall:

(1) Provide legal advice to the President and the heads of

Federal departments and agencies and their successors regarding

national security emergency powers, plans, and authorities;

(2) Coordinate Federal Government domestic law enforcement

activities related to national security emergency preparedness,

including Federal law enforcement liaison with, and assistance to,

State and local governments;

(3) Coordinate contingency planning for national security

emergency law enforcement activities that are beyond the

capabilities of State and local agencies;

(4) Develop national security emergency plans for regulation of

immigration, regulation of nationals of enemy countries, and plans

to implement laws for the control of persons entering or leaving

the United States;

(5) Develop plans and procedures for the custody and protection

of prisoners and the use of Federal penal and correctional

institutions and resources during national security emergencies;

(6) Provide information and assistance to the Federal Judicial

branch and the Federal Legislative branch concerning law

enforcement, continuity of government, and the exercise of legal

authority during national security emergencies;

(7) Develop intergovernmental and interagency law enforcement

plans and counterterrorism programs to interdict and respond to

terrorism incidents in the United States that may result in a

national security emergency or that occur during such an emergency;

(8) Develop intergovernmental and interagency law enforcement

plans to respond to civil disturbances that may result in a

national security emergency or that occur during such an emergency.

Sec. 1102. Support Responsibilities. The Attorney General of the

United States shall:

(1) Assist the heads of Federal departments and agencies, State

and local governments, and the private sector in the development of

plans to physically protect essential resources and facilities;

(2) Support the Secretaries of State and the Treasury in plans

for the protection of international organizations and foreign

diplomatic, consular, and other official personnel, property, and

other assets within the jurisdiction of the United States;

(3) Support the Secretary of the Treasury in developing plans to

control the movement of property entering and leaving the United

States;

(4) Support the heads of other Federal departments and agencies

and State and local governments in developing programs and plans

for identifying fatalities and reuniting families in national

security emergencies;

(5) Support the intelligence community in the planning of its

counterintelligence and counterterrorism programs.

PART 12 - DEPARTMENT OF LABOR

Sec. 1201. Lead Responsibilities. In addition to the applicable

responsibilities covered in Parts 1 and 2, the Secretary of Labor

shall:

(1) Develop plans and issue guidance to ensure effective use of

civilian workforce resources during national security emergencies.

Such plans shall include, but not necessarily be limited to:

(a) Priorities and allocations, recruitment, referral, training,

employment stabilization including appeals procedures, use

assessment, and determination of critical skill categories; and

(b) Programs for increasing the availability of critical

workforce skills and occupations;

(2) In consultation with the Secretary of the Treasury, develop

plans and procedures for wage, salary, and benefit costs

stabilization during national security emergencies;

(3) Develop plans and procedures for protecting and providing

incentives for the civilian labor force during national security

emergencies;

(4) In consultation with other appropriate government agencies

and private entities, develop plans and procedures for effective

labor-management relations during national security emergencies.

Sec. 1202. Support Responsibilities. The Secretary of Labor

shall:

(1) Support planning by the Secretary of Defense and the private

sector for the provision of human resources to critical defense

industries during national security emergencies;

(2) Support planning by the Secretary of Defense and the Director

of Selective Service for the institution of conscription in

national security emergencies.

PART 13 - DEPARTMENT OF STATE

Sec. 1301. Lead Responsibilities. In addition to the applicable

responsibilities covered in Parts 1 and 2, the Secretary of State

shall:

(1) Provide overall foreign policy coordination in the

formulation and execution of continuity of government and other

national security emergency preparedness activities that affect

foreign relations;

(2) Prepare to carry out Department of State responsibilities in

the conduct of the foreign relations of the United States during

national security emergencies, under the direction of the President

and in consultation with the heads of other appropriate Federal

departments and agencies, including, but not limited to:

(a) Formulation and implementation of foreign policy and

negotiation regarding contingency and post-emergency plans,

intergovernmental agreements, and arrangements with United States'

allies;

(b) Formulation, negotiation, and execution of policy affecting

the relationships of the United States with neutral states;

(c) Formulation and execution of political strategy toward

hostile or enemy states;

(d) Conduct of mutual assistance activities;

(e) Provision of foreign assistance, including continuous

supervision and general direction of authorized economic and

military assistance programs;

(f) Protection or evacuation of United States citizens and

nationals abroad and safeguarding their property abroad, in

consultation with the Secretaries of Defense and Health and Human

Services;

(g) Protection of international organizations and foreign

diplomatic, consular, and other official personnel and property, or

other assets, in the United States, in coordination with the

Attorney General and the Secretary of the Treasury;

(h) Formulation of policies and provisions for assistance to

displaced persons and refugees abroad;

(i) Maintenance of diplomatic and consular representation abroad;

and

(j) Reporting of and advising on conditions overseas that bear

upon national security emergencies.

Sec. 1302. Support Responsibilities. The Secretary of State

shall:

(1) Assist appropriate agencies in developing planning

assumptions concerning accessibility of foreign sources of supply;

(2) Support the Secretary of the Treasury, in consultation, as

appropriate, with the Secretaries of Commerce and Defense, in the

formulation and execution of economic measures with respect to

other nations;

(3) Support the Secretary of Energy in international liaison

activities pertaining to nuclear materials facilities;

(4) Support the Secretary of Homeland Security in the

coordination and integration of United States policy regarding the

formulation and implementation of civil emergency resources and

preparedness planning;

(5) Assist the Attorney General of the United States in the

formulation of national security emergency plans for the control of

persons entering or leaving the United States.

PART 14 - DEPARTMENT OF TRANSPORTATION

Sec. 1401. Lead Responsibilities. In addition to the applicable

responsibilities covered in Parts 1 and 2, the Secretary of

Transportation shall:

(1) Develop plans to promulgate and manage overall national

policies, programs, procedures, and systems to meet essential civil

and military transportation needs in national security emergencies;

(2) Be prepared to provide direction to all modes of civil

transportation in national security emergencies, including air,

surface, water, pipelines, and public storage and warehousing, to

the extent such responsibility is vested in the Secretary of

Transportation. This direction may include:

(a) Implementation of priorities for all transportation resource

requirements for service, equipment, facilities, and systems;

(b) Allocation of transportation resource capacity; and

(c) Emergency management and control of civil transportation

resources and systems, including privately owned automobiles, urban

mass transit, intermodal transportation systems, the National

Railroad Passenger Corporation and the St. Lawrence Seaway

Development Corporation;

(3) Develop plans to provide for the smooth transition of the

Coast Guard as a service to the Department of the Navy during

national security emergencies. These plans shall be compatible with

the Department of Defense planning systems, especially in the areas

of port security and military readiness;

(4) In coordination with the Secretary of State and the Secretary

of Homeland Security, represent the United States in

transportation-related international (including NATO and allied)

civil emergency preparedness planning and related activities;

(5) Coordinate with State and local highway agencies in the

management of all Federal, State, city, local, and other highways,

roads, streets, bridges, tunnels, and publicly owned highway

maintenance equipment to assure efficient and safe use of road

space during national security emergencies;

(6) Develop plans and procedures in consultation with appropriate

agency officials for maritime and port safety, law enforcement, and

security over, upon, and under the high seas and waters subject to

the jurisdiction of the United States to assure operational

readiness for national security emergency functions;

(7) Develop plans for the emergency operation of U.S. ports and

facilities, use of shipping resources (U.S. and others), provision

of government war risks insurance, and emergency construction of

merchant ships for military and civil use;

(8) Develop plans for emergency management and control of the

National Airspace System, including provision of war risk insurance

and for transfer of the Federal Aviation Administration, in the

event of war, to the Department of Defense;

(9) Coordinate the Interstate Commerce Commission's development

of plans and preparedness programs for the reduction of

vulnerability, maintenance, restoration, and operation of privately

owned railroads, motor carriers, inland waterway transportation

systems, and public storage facilities and services in national

security emergencies.

Sec. 1402. Support Responsibility. The Secretary of

Transportation shall coordinate with the Secretary of Energy in the

planning and management of transportation resources involved in the

bulk movement of energy materials.

PART 15 - DEPARTMENT OF THE TREASURY

Sec. 1501. Lead Responsibilities. In addition to the applicable

responsibilities covered in Parts 1 and 2, the Secretary of the

Treasury shall:

(1) Develop plans to maintain stable economic conditions and a

market economy during national security emergencies; emphasize

measures to minimize inflation and disruptions; and, minimize

reliance on direct controls of the monetary, credit, and financial

systems. These plans will include provisions for:

(a) Increasing capabilities to minimize economic dislocations by

carrying out appropriate fiscal, monetary, and regulatory policies

and reducing susceptibility to manipulated economic pressures;

(b) Providing the Federal Government with efficient and equitable

financing sources and payment mechanisms;

(c) Providing fiscal authorities with adequate legal authority to

meet resource requirements;

(d) Developing, in consultation with the Board of Governors of

the Federal Reserve System, and in cooperation with the Board of

Directors of the Federal Deposit Insurance Corporation, the Federal

Home Loan Bank Board, the National Credit Union Administration

Board, the Farm Credit Administration Board and other financial

institutions, plans for the continued or resumed operation and

liquidity of banks, savings and loans, credit unions, and farm

credit institutions, measures for the reestablishment of evidence

of assets or liabilities, and provisions for currency withdrawals

and deposit insurance;

(2) Provide for the protection of United States financial

resources including currency and coin production and redemption

facilities, Federal check disbursement facilities, and precious

monetary metals;

(3) Provide for the preservation of, and facilitate emergency

operations of, public and private financial institution systems,

and provide for their restoration during or after national security

emergencies;

(4) Provide, in coordination with the Secretary of State, for

participation in bilateral and multilateral financial arrangements

with foreign governments;

(5) Maintain the Federal Government accounting and financial

reporting system in national security emergencies;

(6) Develop plans to protect the President, the Vice President,

other officers in the order of presidential succession, and other

persons designated by the President;

(7) Develop plans for restoration of the economy following an

attack; for the development of emergency monetary, credit, and

Federal benefit payment programs of those Federal departments and

agencies that have responsibilities dependent on the policies or

capabilities of the Department of the Treasury; and for the

implementation of national policy on sharing war losses;

(8) Develop plans for initiating tax changes, waiving

regulations, and, in conjunction with the Secretary of Commerce or

other guaranteeing agency, granting or guaranteeing loans for the

expansion of industrial capacity, the development of technological

processes, or the production or acquisition of essential materials;

(9) Develop plans, in coordination with the heads of other

appropriate Federal departments and agencies, to acquire emergency

imports, make foreign barter arrangements, or otherwise provide for

essential material from foreign sources using, as appropriate, the

resources of the Export-Import Bank or resources available to the

Bank;

(10) Develop plans for encouraging capital inflow and

discouraging the flight of capital from the United States and, in

coordination with the Secretary of State, for the seizure and

administration of assets of enemy aliens during national security

emergencies;

(11) Develop plans, in consultation with the heads of

approporiate Federal departments and agencies, to regulate

financial and commercial transactions with other countries;

(12) Develop plans, in coordination with the Secretary of

Commerce and the Attorney General of the United States, to control

the movement of property entering or leaving the United States;

(13) Cooperate and consult with the Chairman of the Securities

and Exchange Commission, the Chairman of the Federal Reserve Board,

the Chairman of the Commodities Futures Trading Commission in the

development of emergency financial control plans and regulations

for trading of stocks and commodities, and in the development of

plans for the maintenance and restoration of stable and orderly

markets;

(14) Develop plans, in coordination with the Secretary of State,

for the formulation and execution of economic measures with respect

to other nations in national security emergencies.

Sec. 1502. Support Responsibilities. The Secretary of the

Treasury shall:

(1) Cooperate with the Attorney General of the United States on

law enforcement activities, including the control of people

entering and leaving the United States;

(2) Support the Secretary of Labor in developing plans and

procedures for wage, salary, and benefit costs stabilization;

(3) Support the Secretary of State in plans for the protection of

international organizations and foreign diplomatic, consular, and

other official personnel and property or other assets in the United

States.

PART 16 - ENVIRONMENTAL PROTECTION AGENCY

Sec. 1601. Lead Responsibilities. In addition to the applicable

responsibilities covered in Parts 1 and 2, the Administrator of the

Environmental Protection Agency shall:

(1) Develop Federal plans and foster development of State and

local plans designed to prevent or minimize the ecological impact

of hazardous agents (biological, chemical, or radiological)

introduced into the environment in national security emergencies;

(2) Develop, for national security emergencies, guidance on

acceptable emergency levels of nuclear radiation, assist in

determining acceptable emergency levels of biological agents, and

help to provide detection and identification of chemical agents;

(3) Develop, in coordination with the Secretary of Defense, plans

to assure the provision of potable water supplies to meet community

needs under national security emergency conditions, including

claimancy for materials and equipment for public water systems.

Sec. 1602. Support Responsibilities. The Administrator of the

Environmental Protection Agency shall:

(1) Assist the heads of other Federal agencies that are

responsible for developing plans for the detection, reporting,

assessment, protection against, and reduction of effects of

hazardous agents introduced into the environment;

(2) Advise the heads of Federal departments and agencies

regarding procedures for assuring compliance with environmental

restrictions and for expeditious review of requests for essential

waivers.

PART 17 - DEPARTMENT OF HOMELAND SECURITY

Sec. 1701. Lead Responsibilities. In addition to the applicable

responsibilities covered in Parts 1 and 2, the Secretary of

Homeland Security shall:

(1) Coordinate and support the initiation, development, and

implementation of national security emergency preparedness programs

and plans among Federal departments and agencies;

(2) Coordinate the development and implementation of plans for

the operation and continuity of essential domestic emergency

functions of the Federal Government during national security

emergencies;

(3) Coordinate the development of plans, in cooperation with the

Secretary of Defense, for mutual civil-military support during

national security emergencies;

(4) Guide and assist State and local governments and private

sector organizations in achieving preparedness for national

security emergencies, including development of plans and procedures

for assuring continuity of government, and support planning for

prompt and coordinated Federal assistance to States and localities

in responding to national security emergencies;

(5) Provide the President a periodic assessment of Federal,

State, and local capabilities to respond to national security

emergencies;

(6) Coordinate the implementation of policies and programs for

efficient mobilization of Federal, State, local, and private sector

resources in response to national security emergencies;

(7) Develop and coordinate with all appropriate agencies civil

defense programs to enhance Federal, State, local, and private

sector capabilities for national security emergency crisis

management, population protection, and recovery in the event of an

attack on the United States;

(8) Develop and support public information, education and

training programs to assist Federal, State, and local government

and private sector entities in planning for and implementing

national security emergency preparedness programs;

(9) Coordinate among the heads of Federal, State, and local

agencies the planning, conduct, and evaluation of national security

emergency exercises;

(10) With the assistance of the heads of other appropriate

Federal departments and agencies, develop and maintain capabilities

to assess actual attack damage and residual recovery capabilities

as well as capabilities to estimate the effects of potential

attacks on the Nation;

(11) Provide guidance to the heads of Federal departments and

agencies on the appropriate use of defense production authorities,

including resource claimancy, in order to improve the capability of

industry and infrastructure systems to meet national security

emergency needs;

(12) Assist the Secretary of State in coordinating the

formulation and implementation of United States policy for NATO and

other allied civil emergency planning, including the provision of:

(a) advice and assistance to the departments and agencies in

alliance civil emergency planning matters;

(b) support to the United States Mission to NATO in the conduct

of day-to-day civil emergency planning activities; and

(c) support facilities for NATO Civil Wartime Agencies in

cooperation with the Departments of Agriculture, Commerce, Energy,

State, and Transportation.

Sec. 1702. Support Responsibilities. The Secretary of Homeland

Security shall:

(1) Support the heads of other Federal departments and agencies

in preparing plans and programs to discharge their national

security emergency preparedness responsibilities, including, but

not limited to, such programs as mobilization preparedness,

continuity of government planning, and continuance of industry and

infrastructure functions essential to national security;

(2) Support the Secretary of Energy, the Secretary of Defense,

and the Members of the Nuclear Regulatory Commission in developing

plans and capabilities for identifying, analyzing, mitigating, and

responding to emergencies related to nuclear weapons, materials,

and devices, including mobile and fixed nuclear facilities, by

providing, inter alia, off-site coordination;

(3) Support the Administrator of General Services in efforts to

promote a government-wide program with respect to Federal buildings

and installations to minimize the effects of attack and establish

shelter management organizations.

PART 18 - GENERAL SERVICES ADMINISTRATION

Sec. 1801. Lead Responsibilities. In addition to the applicable

responsibilities covered in Parts 1 and 2, the Administrator of

General Services shall:

(1) Develop national security emergency plans and procedures for

the operation, maintenance, and protection of federally owned and

occupied buildings managed by the General Services Administration,

and for the construction, alteration, and repair of such buildings;

(2) Develop national security emergency operating procedures for

the control, acquisition, leasing, assignment, and priority of

occupancy of real property by the Federal Government, and by State

and local governments acting as agents of the Federal Government,

except for the military facilities and facilities with special

nuclear materials within the jurisdiction of the Departments of

Defense and Energy;

(3) Develop national security emergency operational plans and

procedures for the use of public utility services (other than

telecommunications services) by Federal departments and agencies,

except for Department of Energy-operated facilities;

(4) Develop plans and operating procedures of government-wide

supply programs to meet the requirements of Federal departments and

agencies during national security emergencies;

(5) Develop plans and operating procedures for the use, in

national security emergencies, of excess and surplus real and

personal property by Federal, State, and local governmental

entities;

(6) Develop plans, in coordination with the Director of the

Federal Emergency Management Agency [the Secretary of Homeland

Security], with respect to Federal buildings and installations, to

minimize the effects of attack and establish shelter management

organizations;

Sec. 1802. Support Responsibility. The Administrator of General

Services shall develop plans to assist Federal departments and

agencies in operation and maintenance of essential automated

information processing facilities during national security

emergencies:[.]

PART 19 - NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Sec. 1901. Lead Responsibility. In addition to the applicable

responsibilities covered in Parts 1 and 2, the Administrator of the

National Aeronautics and Space Administration shall coordinate with

the Secretary of Defense to prepare for the use, maintenance, and

development of technologically advanced aerospace and

aeronautical-related systems, equipment, and methodologies

applicable to national security emergencies.

PART 20 - NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

Sec. 2001. Lead Responsibilities. In addition to the applicable

responsibilities covered in Parts 1 and 2, the Archivist of the

United States shall:

(1) Develop procedures for publication during national security

emergencies of the Federal Register for as broad public

dissemination as is practicable of presidential proclamations and

Executive orders, Federal administrative regulations, Federal

emergency notices and actions, and Acts of Congress;

(2) Develop emergency procedures for providing instructions and

advice on the handling and preservation of records critical to the

operation of the Federal Government in national security

emergencies.

PART 21 - NUCLEAR REGULATORY COMMISSION

Sec. 2101. Lead Responsibilities. In addition to the applicable

responsibilities covered in Parts 1 and 2, the Members of the

Nuclear Regulatory Commission shall:

(1) Promote the development and maintenance of national security

emergency preparedness programs through security and safeguards

programs by licensed facilities and activities;

(2) Develop plans to suspend any licenses granted by the

Commission; to order the operations of any facility licensed under

Section 103 or 104; Atomic Energy Act of 1954, as amended (42

U.S.C. 2133 or 2134); to order the entry into any plant or facility

in order to recapture special nuclear material as determined under

Subsection (3) below; and operate such facilities;

(3) Recapture or authorize recapture of special nuclear materials

from licensees where necessary to assure the use, preservation, or

safeguarding of such materials for the common defense and security,

as determined by the Commission or as requested by the Secretary of

Energy.

Sec. 2102. Support Responsibilities. The Members of the Nuclear

Regulatory Commission shall:

(1) Assist the Secretary of Energy in assessing damage to

Commission-licensed facilities, identifying useable facilities, and

estimating the time and actions necessary to restart inoperative

facilities;

(2) Provide advice and technical assistance to Federal, State,

and local officials and private sector organizations regarding

radiation hazards and protective actions in national security

emergencies.

PART 22 - OFFICE OF PERSONNEL MANAGEMENT

Sec. 2201. Lead Responsibilities. In addition to the applicable

responsibilities covered in Parts 1 and 2, the Director of the

Office of Personnel Management shall:

(1) Prepare plans to administer the Federal civilian personnel

system in national security emergencies, including plans and

procedures for the rapid mobilization and reduction of an emergency

Federal workforce;

(2) Develop national security emergency work force policies for

Federal civilian personnel;

(3) Develop plans to accommodate the surge of Federal personnel

security background and pre-employment investigations during

national security emergencies.

Sec. 2202. Support Responsibilities. The Director of the Office

of Personnel Management shall:

(1) Assist the heads of other Federal departments and agencies

with personnel management and staffing in national security

emergencies, including facilitating transfers between agencies of

employees with critical skills;

(2) In consultation with the Secretary of Defense and the

Director of Selective Service, develop plans and procedures for a

system to control any conscription of Federal civilian employees

during national security emergencies.

PART 23 - SELECTIVE SERVICE SYSTEM

Sec. 2301. Lead Responsibilities. In addition to the applicable

responsibilities covered in Parts 1 and 2, the Director of

Selective Service shall:

(1) Develop plans to provide by induction, as authorized by law,

personnel that would be required by the armed forces during

national security emergencies;

(2) Develop plans for implementing an alternative service

program.

PART 24 - TENNESSEE VALLEY AUTHORITY

Sec. 2401. Lead Responsibility. In addition to the applicable

responsibilities covered in Parts 1 and 2, the Board of Directors

of the Tennessee Valley Authority shall develop plans and maintain

river control operations for the prevention or control of floods

affecting the Tennessee River System during national security

emergencies.

Sec. 2402. Support Responsibilities. The Board of Directors of

the Tennessee Valley Authority shall:

(1) Assist the Secretary of Energy in the development of plans

for the integration of the Tennessee Valley Authority power system

into nationwide national security emergency programs;

(2) Assist the Secretaries of Defense, Interior, and

Transportation and the Chairman of the Interstate Commerce

Commission in the development of plans for operation and

maintenance of inland waterway transportation in the Tennessee

River System during national security emergencies.

PART 25 - UNITED STATES INFORMATION AGENCY

Sec. 2501. Lead Responsibilities. In addition to the applicable

responsibilities covered in Parts 1 and 2, the Director of the

United States Information Agency shall:

(1) Plan for the implementation of information programs to

promote an understanding abroad of the status of national security

emergencies within the United States;

(2) In coordination with the Secretary of State's exercise of

telecommunications functions affecting United States diplomatic

missions and consular offices overseas, maintain the capability to

provide television and simultaneous direct radio broadcasting in

major languages to all areas of the world, and the capability to

provide wireless file to all United States embassies during

national security emergencies.

Sec. 2502. Support Responsibility. The Director of the United

States Information Agency shall assist the heads of other Federal

departments and agencies in planning for the use of media resources

and foreign public information programs during national security

emergencies.

PART 26 - UNITED STATES POSTAL SERVICE

Sec. 2601. Lead Responsibility. In addition to the applicable

responsibilities covered in Parts 1 and 2, the Postmaster General

shall prepare plans and programs to provide essential postal

services during national security emergencies.

Sec. 2602. Support Responsibilities. The Postmaster General

shall:

(1) Develop plans to assist the Attorney General of the United

States in the registration of nationals of enemy countries residing

in the United States;

(2) Develop plans to assist the Secretary of Health and Human

Services in registering displaced persons and families;

(3) Develop plans to assist the heads of other Federal

departments and agencies in locating and leasing privately owned

property for Federal use during national security emergencies.

PART 27 - VETERANS' ADMINISTRATION

Sec. 2701. Lead Responsibilities. In addition to the applicable

responsibilities covered in Parts 1 and 2, the Administrator of

Veterans' Affairs [now Secretary of Veterans Affairs] shall:

(1) Develop plans for provision of emergency health care services

to veteran beneficiaries in Veterans' Administration [now

Department of Veterans Affairs] medical facilities, to active duty

military personnel and, as resources permit, to civilians in

communities affected by national security emergencies;

(2) Develop plans for mortuary services for eligible veterans,

and advise on methods for interment of the dead during national

security emergencies.

Sec. 2702. Support Responsibilities. The Administrator of

Veterans' Affairs [now Secretary of Veterans Affairs] shall:

(1) Assist the Secretary of Health and Human Services in

promoting the development of State and local plans for the

provision of medical services in national security emergencies, and

develop appropriate plans to support such State and local plans;

(2) Assist the Secretary of Health and Human Services in

developing national plans to mobilize the health care industry and

medical resources during national security emergencies;

(3) Assist the Secretary of Health and Human Services in

developing national plans to set priorities and allocate medical

resources among civilian and military claimants.

PART 28 - OFFICE OF MANAGEMENT AND BUDGET

Sec. 2801. In addition to the applicable responsibilities covered

in Parts 1 and 2, the Director of the Office of Management and

Budget shall prepare plans and programs to maintain its functions

during national security emergencies. In connection with these

functions, the Director of the Office of Management and Budget

shall:

(1) Develop plans to ensure the preparation, clearance, and

coordination of proposed Executive orders and proclamations;

(2) Prepare plans to ensure the preparation, supervision, and

control of the budget and the formulation of the fiscal program of

the Government;

(3) Develop plans to coordinate and communicate Executive branch

views to the Congress regarding legislation and testimony by

Executive branch officials;

(4) Develop plans for keeping the President informed of the

activities of government agencies, continuing the Office of

Management and Budget's management functions, and maintaining

presidential supervision and direction with respect to legislation

and regulations in national security emergencies.

PART 29 - GENERAL

Sec. 2901. Executive Order Nos. 10421 and 11490, as amended, are

hereby revoked. This Order shall be effective immediately.

[Responsibilities assigned to specific Federal officials pursuant

to Ex. Ord. No. 12656, set out above, that are substantially the

same as any responsibility assigned to, or function transferred to,

the Secretary of Homeland Security pursuant to the Homeland

Security Act of 2002, 6 U.S.C. 101 et seq., or intended or required

to be carried out by an agency or an agency component transferred

to the Department of Homeland Security pursuant to such Act,

reassigned to the Secretary of Homeland Security by section 42 of

Ex. Ord. No. 13286, Feb. 28, 2003, 68 F.R. 10626, set out as a note

under section 111 of Title 6, Domestic Security.]

[For abolition of United States Information Agency (other than

Broadcasting Board of Governors and International Broadcasting

Bureau), transfer of functions, and treatment of references

thereto, see sections 6531, 6532, and 6551 of Title 22, Foreign

Relations and Intercourse.]

EX. ORD. NO. 12657. DEPARTMENT OF HOMELAND SECURITY ASSISTANCE IN

EMERGENCY PREPAREDNESS PLANNING AT COMMERCIAL NUCLEAR POWER PLANTS

Ex. Ord. No. 12657, Nov. 18, 1988, 53 F.R. 47513, as amended by

Ex. Ord. No. 13286, Sec. 41, Feb. 28, 2003, 68 F.R. 10626,

provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, including the Federal

Civil Defense Act of 1950, as amended (50 U.S.C. App. 2251 et

seq.), the Disaster Relief Act of 1974, as amended (42 U.S.C. 5121

et seq.), the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011

et seq.), Reorganization Plan No. 1 of 1958 [set out above],

Reorganization Plan No. 1 of 1973 [set out above], and Section 301

of Title 3 of the United States Code, and in order to ensure that

plans and procedures are in place to respond to radiological

emergencies at commercial nuclear power plants in operation or

under construction, it is hereby ordered as follows:

Section 1. Scope. (a) This Order applies whenever State or local

governments, either individually or together, decline or fail to

prepare commercial nuclear power plant radiological emergency

preparedness plans that are sufficient to satisfy Nuclear

Regulatory Commission ("NRC") licensing requirements or to

participate adequately in the preparation, demonstration, testing,

exercise, or use of such plans.

(b) In order to request the assistance of the Department of

Homeland Security ("DHS") provided for in this Order, an affected

nuclear power plant applicant or licensee ("licensee") shall

certify in writing to DHS that the situation described in

Subsection (a) exists.

Sec. 2. Generally Applicable Principles and Directives. (a)

Subject to the principles articulated in this Section, the

Secretary of Homeland Security is hereby authorized and directed to

take the actions specified in Sections 3 through 6 of this Order.

(b) In carrying out any of its responsibilities under this Order,

DHS:

(1) shall work actively with the licensee, and, before relying

upon its resources or those of any other Department or agency

within the Executive branch, shall make maximum feasible use of the

licensee's resources;

(2) shall take care not to supplant State and local resources.

DHS shall substitute its own resources for those of the State and

local governments only to the extent necessary to compensate for

the nonparticipation or inadequate participation of those

governments, and only as a last resort after appropriate

consultation with the Governors and responsible local officials in

the affected area regarding State and local participation;

(3) is authorized, to the extent permitted by law, to enter into

interagency Memoranda of Understanding providing for utilization of

the resources of other Executive branch Departments and agencies

and for delegation to other Executive branch Departments and

agencies of any of the functions and duties assigned to DHS under

this Order; however, any such Memorandum of Understanding shall be

subject to approval by the Director of the Office of Management and

Budget ("OMB") and published in final form in the Federal Register;

and

(4) shall assume for purposes of Sections 3 and 4 of this Order

that, in the event of an actual radiological emergency or disaster,

State and local authorities would contribute their full resources

and exercise their authorities in accordance with their duties to

protect the public from harm and would act generally in conformity

with the licensee's radiological emergency preparedness plan.

(c) The Director of OMB shall resolve any issue concerning the

obligation of Federal funds arising from the implementation of this

Order. In resolving issues under this Subsection, the Director of

OMB shall ensure:

(1) that DHS has utilized to the maximum extent possible the

resources of the licensee and State and local governments before it

relies upon its appropriated and lawfully available resources or

those of any Department or agency in the Executive branch;

(2) that DHS shall use its existing resources to coordinate and

manage, rather than duplicate, other available resources;

(3) that implementation of this Order is accomplished with an

economy of resources; and

(4) that full reimbursement to the Federal Government is

provided, to the extent permitted by law.

Sec. 3. DHS Participation in Emergency Preparedness Planning. (a)

DHS assistance in emergency preparedness planning shall include

advice, technical assistance, and arrangements for facilities and

resources as needed to satisfy the emergency planning requirements

under the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et

seq.], and any other Federal legislation or regulations pertaining

to issuance or retention of a construction permit or an operating

license for a nuclear power plant.

(b) DHS shall make all necessary plans and arrangements to ensure

that the Federal Government is prepared to assume any and all

functions and undertakings necessary to provide adequate protection

to the public in cases within the scope of this Order. In making

such plans and arrangements,

(1) DHS shall focus planning of Federal response activities to

ensure that:

(A) adequate resources and arrangements will exist, as of the

time when an initial response is needed, given the absence or

inadequacy of advance State and local commitments; and

(B) attention has been given to coordinating (including turning

over) response functions when State and local governments do

exercise their authority, with specific attention to the areas

where prior State and local participation has been insufficient or

absent;

(2) FEMA's [DHS's] planning for Federal participation in

responding to a radiological emergency within the scope of this

Order shall include, but not be limited to, arrangements for using

existing Federal resources to provide prompt notification of the

emergency to the general public; to assist in any necessary

evacuation; to provide reception centers or shelters and related

facilities and services for evacuees; to provide emergency medical

services at Federal hospitals, including those operated by the

military services and by the Veterans' Administration [now

Department of Veterans Affairs]; and to ensure the creation and

maintenance of channels of communication from commercial nuclear

power plant licensees or applicants to State and local governments

and to surrounding members of the public.

Sec. 4. Evaluation of Plans. (a) DHS shall consider and evaluate

all plans developed under the authority of this Order as though

drafted and submitted by a State or local government.

(b) DHS shall take all actions necessary to carry out the

evaluation referred to in the preceding Subsection and to permit

the NRC to conduct its evaluation of radiological emergency

preparedness plans including, but not limited to, planning,

participating in, and evaluating exercises, drills, and tests, on a

timely basis, as necessary to satisfy NRC requirements for

demonstrations of off-site radiological emergency preparedness.

Sec. 5. Response to a Radiological Emergency. (a) In the event of

an actual radiological emergency or disaster, DHS shall take all

steps necessary to ensure the implementation of the plans developed

under this Order and shall coordinate the actions of other Federal

agencies to achieve the maximum effectiveness of Federal efforts in

responding to the emergency.

(b) DHS shall coordinate Federal response activities to ensure

that adequate resources are directed, when an initial response is

needed, to activities hindered by the absence or inadequacy of

advance State and local commitments. DHS shall also coordinate with

State and local governmental authorities and turn over response

functions as appropriate when State and local governments do

exercise their authority.

(c) DHS shall assume any necessary command-and-control function,

or delegate such function to another Federal agency, in the event

that no competent State and local authority is available to perform

such function.

(d) In any instance in which Federal personnel may be called upon

to fill a command-and-control function during a radiological

emergency, in addition to any other powers it may have, DHS or its

designee is authorized to accept volunteer assistance from utility

employees and other nongovernmental personnel for any purpose

necessary to implement the emergency response plan and facilitate

off-site emergency response.

Sec. 6. Implementation of Order. (a) DHS shall issue interim and

final directives and procedures implementing this Order as

expeditiously as is feasible and in any event shall issue interim

directives and procedures not more than 90 days following the

effective date of this Order and shall issue final directives and

procedures not more than 180 days following the effective date of

this Order.

(b) Immediately upon the effective date of this Order, DHS shall

review, and initiate necessary revisions of, all DHS regulations,

directives, and guidance to conform them to the terms and policies

of this Order.

(c) Immediately upon the effective date of this Order, DHS shall

review, and initiate necessary renegotiations of, all interagency

agreements to which DHS is a party, so as to conform them to the

terms and policies of this Order. This directive shall include, but

not be limited to, the Federal Radiological Emergency Response Plan

(50 Fed. Reg. 46542 (November 8, 1985)).

(d) To the extent permitted by law, DHS is directed to obtain

full reimbursement, either jointly or severally, for services

performed by DHS or other Federal agencies pursuant to this Order

from any affected licensee and from any affected nonparticipating

or inadequately participating State or local government.

Sec. 7. Amendments. This Executive Order amends Executive Order

Nos. 11490 (34 Fed. Reg. 17567 (October 28, 1969)) [see note

above], 12148 (44 Fed. Reg. 43239 (July 20, 1979)) [set out above],

and 12241 (45 Fed. Reg. 64879 (September 29, 1980)), and the same

are hereby superseded to the extent that they are inconsistent with

this Order.

Sec. 8. Judicial Review. This Order is intended only to improve

the internal management of the Executive branch, and is not

intended to create any right or benefit, substantive or procedural,

enforceable at law by a party against the United States, its

agencies, its officers, or any person.

Sec. 9. Effective Date. This Order shall be effective November

18, 1988.

EX. ORD. NO. 12673. DELEGATION OF DISASTER RELIEF AND EMERGENCY

ASSISTANCE FUNCTIONS

Ex. Ord. No. 12673, Mar. 23, 1989, 54 F.R. 12571, provided:

By virtue of the authority vested in me as President by the

Constitution and laws of the United States of America, including

the Robert T. Stafford Disaster Relief and Emergency Assistance

Act, as amended (42 U.S.C. 5121 et seq.), and in order to conform

delegations of authority to recent legislation, it is hereby

ordered as follows:

Section 1. Section 4-203 of Executive Order No. 12148 [set out

above] is amended to read:

Section 4-203. The functions vested in the President by the

Robert T. Stafford Disaster Relief and Emergency Assistance Act, as

amended (42 U.S.C. 5121 et seq.), except those functions vested in

the President by Section 401 (relating to the declaration of major

disasters and emergencies), Section 501 (relating to the

declaration of emergencies), Section 405 (relating to the repair,

reconstruction, restoration, or replacement of Federal facilities),

and Section 412 (relating to food coupons and distribution), are

hereby delegated to the Director of the Federal Emergency

Management Agency.

Sec. 2. Section 3 of Executive Order No. 11795 [42 U.S.C. 5121

note] is amended by removing the words "Section 409" and inserting

"Section 412" in place thereof.

Sec. 3. The functions vested in the President by Section

103(e)(2) of the Disaster Relief and Emergency Assistance

Amendments of 1988, Public Law 100-707 [42 U.S.C. 5122 note]

(relating to the transmission of a report to the Committee on

Public Works and Transportation of the House of Representatives and

to the Committee on Environment and Public Works of the Senate),

are hereby delegated to the Director of the Federal Emergency

Management Agency.

Sec. 4. The functions vested in the President by Section 110 of

the Disaster Relief and Emergency Assistance Amendments of 1988,

Public Law 100-707 [42 U.S.C. 5121 note], are hereby delegated to

the Director of the Federal Emergency Management Agency.

Sec. 5. The functions vested in the President by Section 113 of

the Disaster Relief and Emergency Assistance Amendments of 1988,

Public Law 100-707 [42 U.S.C. 5201 note], are hereby delegated to

the Director of the Federal Emergency Management Agency.

Sec. 6. The amendments to Executive Order No. 12148 that are made

by Section 1 of this Executive Order shall not affect the

administration of any assistance for major disasters or emergencies

declared by the President before the effective date of "The

Disaster Relief and Emergency Assistance Amendments of 1988

[probably means date of enactment of Pub. L. 100-707, which was

approved Nov. 23, 1988]."

George Bush.

EX. ORD. NO. 13010. CRITICAL INFRASTRUCTURE PROTECTION

Ex. Ord. No. 13010, July 15, 1996, 61 F.R. 37347, as amended by

Ex. Ord. No. 13025, Nov. 13, 1996, 61 F.R. 58623; Ex. Ord. No.

13041, Apr. 3, 1997, 62 F.R. 17039; Ex. Ord. No. 13064, Oct. 11,

1997, 62 F.R. 53711; Ex. Ord. No. 13077, Mar. 10, 1998, 63 F.R.

12381; Ex. Ord. No. 13138, Sec. 3(c), Sept. 30, 1999, 64 F.R.

53880, provided:

Certain national infrastructures are so vital that their

incapacity or destruction would have a debilitating impact on the

defense or economic security of the United States. These critical

infrastructures include telecommunications, electrical power

systems, gas and oil storage and transportation, banking and

finance, transportation, water supply systems, emergency services

(including medical, police, fire, and rescue), and continuity of

government. Threats to these critical infrastructures fall into two

categories: physical threats to tangible property ("physical

threats"), and threats of electronic, radio-frequency, or

computer-based attacks on the information or communications

components that control critical infrastructures ("cyber threats").

Because many of these critical infrastructures are owned and

operated by the private sector, it is essential that the government

and private sector work together to develop a strategy for

protecting them and assuring their continued operation.

NOW, THEREFORE, by the authority vested in me as President by the

Constitution and the laws of the United States of America, it is

hereby ordered as follows:

Section 1. Establishment. There is hereby established the

President's Commission on Critical Infrastructure Protection

("Commission").

(a) Chair. A qualified individual from outside the Federal

Government shall be designated by the President from among the

members to serve as Chair of the Commission. The Commission Chair

shall be employed on a full-time basis.

(b) Members. The head of each of the following executive branch

departments and agencies shall nominate not more than two full-time

members of the Commission:

(i) Department of the Treasury;

(ii) Department of Justice;

(iii) Department of Defense;

(iv) Department of Commerce;

(v) Department of Transportation;

(vi) Department of Energy;

(vii) Central Intelligence Agency;

(viii) Federal Emergency Management Agency;

(ix) Federal Bureau of Investigation;

(x) National Security Agency.

One of the nominees of each agency may be an individual from

outside the Federal Government who shall be employed by the agency

on a full-time basis. Each nominee must be approved by the Steering

Committee.

Sec. 2. The Principals Committee. The Commission shall report to

the President through a Principals Committee ("Principals

Committee"), which shall review any reports or recommendations

before submission to the President. The Principals Committee shall

comprise the:

(i) Secretary of the Treasury;

(ii) Secretary of Defense;

(iii) Attorney General;

(iv) Secretary of Commerce;

(v) Secretary of Transportation;

(vi) Secretary of Energy;

(vii) Director of Central Intelligence;

(viii) Director of the Office of Management and Budget;

(ix) Director of the Federal Emergency Management Agency;

(x) Assistant to the President for National Security Affairs;

(xi) Assistant to the Vice President for National Security

Affairs.[;]

(xii) Assistant to the President for Economic Policy and Director

of the National Economic Council; and

(xiii) Assistant to the President and Director of the Office of

Science and Technology Policy.

Sec. 3. The Steering Committee of the President's Commission on

Critical Infrastructure Protection. A Steering Committee ("Steering

Committee") shall oversee the work of the Commission on behalf of

the Principals Committee. The Steering Committee shall comprise

[sic] five members. Four of the members shall be appointed by the

President, and the fifth member shall be the Chair of the

Commission. Two of the members of the Committee shall be employees

of the Executive Office of the President. The Steering Committee

will receive regular reports on the progress of the Commission's

work and approve the submission of reports to the Principals

Committee.

Sec. 4. Mission. The Commission shall: (a) within 30 days of this

order, produce a statement of its mission objectives, which will

elaborate the general objectives set forth in this order, and a

detailed schedule for addressing each mission objective, for

approval by the Steering Committee;

(b) identify and consult with: (i) elements of the public and

private sectors that conduct, support, or contribute to

infrastructure assurance; (ii) owners and operators of the critical

infrastructures; and (iii) other elements of the public and private

sectors, including the Congress, that have an interest in critical

infrastructure assurance issues and that may have differing

perspectives on these issues;

(c) assess the scope and nature of the vulnerabilities of, and

threats to, critical infrastructures;

(d) determine what legal and policy issues are raised by efforts

to protect critical infrastructures and assess how these issues

should be addressed;

(e) recommend a comprehensive national policy and implementation

strategy for protecting critical infrastructures from physical and

cyber threats and assuring their continued operation;

(f) propose any statutory or regulatory changes necessary to

effect its recommendations; and

(g) produce reports and recommendations to the Steering Committee

as they become available; it shall not limit itself to producing

one final report.

Sec. 5. [Revoked by Ex. Ord. No. 13138, Sec. 3(c), Sept. 30,

1999, 64 F.R. 53880.]

Sec. 6. Administration. (a) All executive departments and

agencies shall cooperate with the Commission and provide such

assistance, information, and advice to the Commission as it may

request, to the extent permitted by law.

(b) The Commission and the Advisory Committee may hold open and

closed hearings, conduct inquiries, and establish subcommittees, as

necessary.

(c) Members of the Advisory Committee shall serve without

compensation for their work on the Advisory Committee. While

engaged in the work of the Advisory Committee, members may be

allowed travel expenses, including per diem in lieu of subsistence,

as authorized by law for persons serving intermittently in the

government service.

(d) To the extent permitted by law, and subject to the

availability of appropriations, the Department of Defense shall

provide the Commission and the Advisory Committee with

administrative services, staff, other support services, and such

funds as may be necessary for the performance of its functions and

shall reimburse the executive branch components that provide

representatives to the Commission for the compensation of those

representatives.

(e) In order to augment the expertise of the Commission, the

Department of Defense may, at the Commission's request, contract

for the services of nongovernmental consultants who may prepare

analyses, reports, background papers, and other materials for

consideration by the Commission. In addition, at the Commission's

request, executive departments and agencies shall request that

existing Federal advisory committees consider and provide advice on

issues of critical infrastructure protection, to the extent

permitted by law.

(f) The Commission shall terminate 1 year and 90 days from the

date of this order, unless extended by the President prior to that

date. The Principals Committee, the Steering Committee, and the

Advisory Committee shall terminate no later than September 30,

1998, and, upon submission of the Commission's report, shall review

the report and prepare appropriate recommendations to the

President.

(g) The person who served as Chair of the Commission may continue

to be a member of the Steering Committee after termination of the

Commission.

Sec. 7. Review of Commission's Report. (a) Upon the termination

of the Commission as set out in section 6(f) of this order, certain

of the Commission's staff may be retained no later than September

30, 1998, solely to assist the Principals, Steering, and Advisory

Committees in reviewing the Commission's report and preparing

recommendations to the President. They shall act under the

direction of the Steering Committee or its designated agent. The

Department of Defense shall continue to provide funding and

administrative support for the retained Commission staff.

(b) Pursuant to Executive Order 12958 [50 U.S.C. 435 note], I

hereby designate the Executive Secretary of the National Security

Council to exercise the authority to classify information

originally as "Top Secret" with respect to the work of the

Commission staff, the Principals Committee, the Steering Committee,

the Advisory Committee, and the Infrastructure Protection Task

Force.

Sec. 8. Interim Coordinating Mission. (a) While the Commission is

conducting its analysis and until the President has an opportunity

to consider and act on its recommendations, there is a need to

increase coordination of existing infrastructure protection efforts

in order to better address, and prevent, crises that would have a

debilitating regional or national impact. There is hereby

established an Infrastructure Protection Task Force ("IPTF") within

the Department of Justice, chaired by the Federal Bureau of

Investigation, to undertake this interim coordinating mission.

(b) The IPTF will not supplant any existing programs or

organizations.

(c) The Steering Committee shall oversee the work of the IPTF.

(d) The IPTF shall include at least one full-time member each

from the Federal Bureau of Investigation, the Department of

Defense, and the National Security Agency. It shall also receive

part-time assistance from other executive branch departments and

agencies. Members shall be designated by their departments or

agencies on the basis of their expertise in the protection of

critical infrastructures. IPTF members' compensation shall be paid

by their parent agency or department.

(e) The IPTF's function is to identify and coordinate existing

expertise, inside and outside of the Federal Government, to:

(i) provide, or facilitate and coordinate the provision of,

expert guidance to critical infrastructures to detect, prevent,

halt, or confine an attack and to recover and restore service;

(ii) issue threat and warning notices in the event advance

information is obtained about a threat;

(iii) provide training and education on methods of reducing

vulnerabilities and responding to attacks on critical

infrastructures;

(iv) conduct after-action analysis to determine possible future

threats, targets, or methods of attack; and

(v) coordinate with the pertinent law enforcement authorities

during or after an attack to facilitate any resulting criminal

investigation.

(f) All executive departments and agencies shall cooperate with

the IPTF and provide such assistance, information, and advice as

the IPTF may request, to the extent permitted by law.

(g) All executive departments and agencies shall share with the

IPTF information about threats and warning of attacks, and about

actual attacks on critical infrastructures, to the extent permitted

by law.

(h) The IPTF shall terminate no later than 180 days after the

termination of the Commission, unless extended by the President

prior to that date.

Sec. 9. General. (a) This order is not intended to change any

existing statutes or Executive orders.

(b) This order is not intended to create any right, benefit,

trust, or responsibility, substantive or procedural, enforceable at

law or equity by a party against the United States, its agencies,

its officers, or any person.

William J. Clinton.

[Ex. Ord. No. 13138, Sec. 3(c), Sept. 30, 1999, 64 F.R. 53880,

formerly set out as a note under section 14 of the Federal Advisory

Committee Act in the Appendix to Title 5, Government Organization

and Employees, revoked "Section 5 and that part of section 6(f) of

Executive Order 13010, as amended by section 3 of Executive Order

13025, Executive Order 13041, sections 1, 2, and that part of

section 3 of Executive Order 13064, and Executive Order 13077,

establishing the Advisory Committee to the President's Commission

on Critical Infrastructure Protection".]

EXECUTIVE ORDER NO. 13130

Ex. Ord. No. 13130, July 14, 1999, 64 F.R. 38535, which

established the National Infrastructure Assurance Council, was

revoked by Ex. Ord. No. 13231, Sec. 10(e)(iii), Oct. 16, 2001, 66

F.R. 53070, set out as a note under section 121 of Title 6,

Domestic Security.

EX. ORD. NO. 13151. GLOBAL DISASTER INFORMATION NETWORK

Ex. Ord. No. 13151, Apr. 27, 2000, 65 F.R. 25619, as amended by

Ex. Ord. No. 13284, Sec. 5, Jan. 23, 2003, 68 F.R. 4075, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, and in order to

establish a Global Disaster Information Network to use information

technology more effectively to reduce loss of life and property

from natural and man-made disasters, it is hereby ordered as

follows:

Section 1. Policy. (a) It is the policy of this Administration to

use information technology more effectively to coordinate the

Federal Government's collection and dissemination of information to

appropriate response agencies and State governments to prepare for

and respond to natural and man-made disasters (disasters). As a

result of changing population demographics in our coastal, rural,

and urban areas over the past decades, the loss of life and

property (losses) from disasters has nearly doubled. One of the

ways the Federal Government can reduce these losses is to use

technology more effectively to coordinate its collection and

dissemination (hereafter referred to collectively as "provision")

of information which can be used in both planning for and

recovering from disasters. While many agencies provide

disaster-related information, they may not always provide it in a

coordinated manner. To improve the provision of disaster-related

information, the agencies shall, as set out in this order, use

information technology to coordinate the Federal Government's

provision of information to prepare for, respond to, and recover

from domestic disasters.

(b) It is also the policy of this Administration to use

information technology and existing channels of disaster assistance

to improve the Federal Government's provision of information that

could be helpful to foreign governments preparing for or responding

to foreign disasters. Currently, the United States Government

provides disaster-related information to foreign governments and

relief organizations on humanitarian grounds at the request of

foreign governments and where appropriate. This information is

supplied by Federal agencies on an ad hoc basis. To increase the

effectiveness of our response to foreign disasters, agencies shall,

where appropriate, use information technology to coordinate the

Federal Government's provision of disaster-related information to

foreign governments.

(c) To carry out the policies in this order, there is established

the Global Disaster Information Network (Network). The Network is

defined as the coordinated effort by Federal agencies to develop a

strategy and to use existing technical infrastructure, to the

extent permitted by law and subject to the availability of

appropriations and under the guidance of the Interagency

Coordinating Committee and the Committee Support Office, to make

more effective use of information technology to assist our

Government, and foreign governments where appropriate, by providing

disaster-related information to prepare for and respond to

disasters.

Sec. 2. Establishment. (a) There is established an Interagency

Coordinating Committee (Committee) to provide leadership and

oversight for the development of the Network. The Office of the

Vice President, the Department of Commerce through the National

Oceanic and Atmospheric Administration, and the Department of

State, respectively, shall designate a representative to serve as

Co-chairpersons of the Committee. The Committee membership shall

comprise representatives from the following departments and

agencies:

(1) Department of State;

(2) Department of Defense;

(3) Department of the Interior;

(4) Department of Agriculture;

(5) Department of Commerce;

(6) Department of Transportation;

(7) Department of Energy;

(8) Department of Homeland Security;

(9) Office of Management and Budget;

(10) Environmental Protection Agency;

(11) National Aeronautics and Space Administration;

(12) United States Agency for International Development;

(13) Federal Emergency Management Agency; and

(14) Central Intelligence Agency.

At the discretion of the Co-chairpersons of the Committee, other

agencies may be added to the Committee membership. The Committee

shall include an Executive Secretary to effect coordination between

the Co-chairpersons of the Committee and the Committee Support

Office.

(b) There is established a Committee Support Office (Support

Office) to assist the Committee by developing plans and projects

that would further the creation of the Network. The Support Office

shall, at the request of the Co-chairpersons of the Committee,

carry out tasks taken on by the Committee.

(c) The National Oceanic and Atmospheric Administration shall

provide funding and administrative support for the Committee and

the Support Office. To the extent permitted by law, agencies may

provide support to the Committee and the Support Office to assist

them in their work.

Sec. 3. Responsibilities. (a) The Committee shall:

(1) serve as the United States Government's single entity for

all matters, both national and international, pertaining to the

development and establishment of the Network;

(2) provide leadership and high-level coordination of Network

activities;

(3) provide guidance for the development of Network strategies,

goals, objectives, policies, and legislation;

(4) represent and advocate Network goals, objectives, and

processes to their respective agencies and departments;

(5) provide manpower and material support for Network

development activities;

(6) develop, delegate, and monitor interagency opportunities

and ideas supporting the development of the Network; and

(7) provide reports, through the Co-chairpersons of the

Committee, to the President as requested or at least annually.

(b) The Support Office shall:

(1) provide management and administrative support for the

Committee;

(2) develop Network strategies, goals, objectives, policies,

plans, and legislation in accordance with guidance provided by

the Committee;

(3) consult with agencies, States, nongovernment organizations,

and international counterparts in developing Network development

tasks;

(4) develop and make recommendations concerning Network

activities to the agencies as approved by the Committee; and

(5) participate in projects that promote the goals and

objectives of the Network.

Sec. 4. Implementation. (a) The Committee, with the assistance of

the Support Office, shall address national and international issues

associated with the development of the Network within the context

of:

(1) promoting the United States as an example and leader in the

development and dissemination of disaster information, both

domestically and abroad, and, to this end, seeking cooperation with

foreign governments and international organizations;

(2) striving to include all appropriate stakeholders in the

development of the Network; and

(3) facilitating the creation of a framework that involves public

and private stakeholders in a partnership for sustained operations

of the Network.

(b) Intelligence activities, as determined by the Director of the

Central Intelligence Agency, as well as national security-related

activities of the Department of Defense and of the Department of

Energy, are exempt from compliance with this order.

Sec. 5. Tribal Governments. This order does not impose any

requirements on tribal governments.

Sec. 6. Judicial Review. This order does not create any right or

benefit, substantive or procedural, enforceable by law, by a party

against the United States, its officers, its employees, or any

other person.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5196 of this title.

-End-

-CITE-

42 USC Sec. 5195a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV09B - EMERGENCY PREPAREDNESS

-HEAD-

Sec. 5195a. Definitions

-STATUTE-

(a) Definitions

For purposes of this subchapter only:

(1) Hazard

The term "hazard" means an emergency or disaster resulting from

-

(A) a natural disaster; or

(B) an accidental or man-caused event.

(2) Natural disaster

The term "natural disaster" means any hurricane, tornado,

storm, flood, high water, wind-driven water, tidal wave, tsunami,

earthquake, volcanic eruption, landslide, mudslide, snowstorm,

drought, fire, or other catastrophe in any part of the United

States which causes, or which may cause, substantial damage or

injury to civilian property or persons.

(3) Emergency preparedness

The term "emergency preparedness" means all those activities

and measures designed or undertaken to prepare for or minimize

the effects of a hazard upon the civilian population, to deal

with the immediate emergency conditions which would be created by

the hazard, and to effectuate emergency repairs to, or the

emergency restoration of, vital utilities and facilities

destroyed or damaged by the hazard. Such term includes the

following:

(A) Measures to be undertaken in preparation for anticipated

hazards (including the establishment of appropriate

organizations, operational plans, and supporting agreements,

the recruitment and training of personnel, the conduct of

research, the procurement and stockpiling of necessary

materials and supplies, the provision of suitable warning

systems, the construction or preparation of shelters, shelter

areas, and control centers, and, when appropriate, the

non-military evacuation of the civilian population).

(B) Measures to be undertaken during a hazard (including the

enforcement of passive defense regulations prescribed by duly

established military or civil authorities, the evacuation of

personnel to shelter areas, the control of traffic and panic,

and the control and use of lighting and civil communications).

(C) Measures to be undertaken following a hazard (including

activities for fire fighting, rescue, emergency medical, health

and sanitation services, monitoring for specific dangers of

special weapons, unexploded bomb reconnaissance, essential

debris clearance, emergency welfare measures, and immediately

essential emergency repair or restoration of damaged vital

facilities).

(4) Organizational equipment

The term "organizational equipment" means equipment determined

by the Director to be necessary to an emergency preparedness

organization, as distinguished from personal equipment, and of

such a type or nature as to require it to be financed in whole or

in part by the Federal Government. Such term does not include

those items which the local community normally uses in combating

local disasters, except when required in unusual quantities

dictated by the requirements of the emergency preparedness plans.

(5) Materials

The term "materials" includes raw materials, supplies,

medicines, equipment, component parts and technical information

and processes necessary for emergency preparedness.

(6) Facilities

The term "facilities", except as otherwise provided in this

subchapter, includes buildings, shelters, utilities, and land.

(7) Director

The term "Director" means the Director of the Federal Emergency

Management Agency.

(8) Neighboring countries

The term "neighboring countries" includes Canada and Mexico.

(9) United States and States

The terms "United States" and "States" includes (!1) the

several States, the District of Columbia, and territories and

possessions of the United States.

(10) State

The term "State" includes interstate emergency preparedness

authorities established under section 5196(h) of this title.

(b) Cross reference

The terms "national defense" and "defense", as used in the

Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.),

includes (!1) emergency preparedness activities conducted pursuant

to this subchapter.

-SOURCE-

(Pub. L. 93-288, title VI, Sec. 602, as added Pub. L. 103-337, div.

C, title XXXIV, Sec. 3411(a)(3), Oct. 5, 1994, 108 Stat. 3101.)

-REFTEXT-

REFERENCES IN TEXT

The Defense Production Act of 1950, referred to in subsec. (b),

is act Sept. 8, 1950, ch. 932, 64 Stat. 798, as amended, which is

classified to section 2061 et seq. of Title 50, Appendix, War and

National Defense. For complete classification of this Act to the

Code, see section 2061 of Title 50, Appendix, and Tables.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 2252 and 2282 of Title 50, Appendix, War and National

Defense, prior to repeal by Pub. L. 103-337, Sec. 3412(a).

-TRANS-

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 sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-FOOTNOTE-

(!1) So in original. Probably should be "include".

-End-

-CITE-

42 USC Sec. 5195b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV09B - EMERGENCY PREPAREDNESS

-HEAD-

Sec. 5195b. Administration of subchapter

-STATUTE-

This subchapter shall be carried out by the Director of the

Federal Emergency Management Agency.

-SOURCE-

(Pub. L. 93-288, title VI, Sec. 603, as added Pub. L. 103-337, div.

C, title XXXIV, Sec. 3411(a)(3), Oct. 5, 1994, 108 Stat. 3102.)

-TRANS-

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 sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-End-

-CITE-

42 USC Sec. 5195c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV09B - EMERGENCY PREPAREDNESS

-HEAD-

Sec. 5195c. Critical infrastructures protection

-STATUTE-

(a) Short title

This section may be cited as the "Critical Infrastructures

Protection Act of 2001".

(b) Findings

Congress makes the following findings:

(1) The information revolution has transformed the conduct of

business and the operations of government as well as the

infrastructure relied upon for the defense and national security

of the United States.

(2) Private business, government, and the national security

apparatus increasingly depend on an interdependent network of

critical physical and information infrastructures, including

telecommunications, energy, financial services, water, and

transportation sectors.

(3) A continuous national effort is required to ensure the

reliable provision of cyber and physical infrastructure services

critical to maintaining the national defense, continuity of

government, economic prosperity, and quality of life in the

United States.

(4) This national effort requires extensive modeling and

analytic capabilities for purposes of evaluating appropriate

mechanisms to ensure the stability of these complex and

interdependent systems, and to underpin policy recommendations,

so as to achieve the continuous viability and adequate protection

of the critical infrastructure of the Nation.

(c) Policy of the United States

It is the policy of the United States -

(1) that any physical or virtual disruption of the operation of

the critical infrastructures of the United States be rare, brief,

geographically limited in effect, manageable, and minimally

detrimental to the economy, human and government services, and

national security of the United States;

(2) that actions necessary to achieve the policy stated in

paragraph (1) be carried out in a public-private partnership

involving corporate and non-governmental organizations; and

(3) to have in place a comprehensive and effective program to

ensure the continuity of essential Federal Government functions

under all circumstances.

(d) Establishment of national competence for critical

infrastructure protection

(1) Support of critical infrastructure protection and continuity

by National Infrastructure Simulation and Analysis Center

There shall be established the National Infrastructure

Simulation and Analysis Center (NISAC) to serve as a source of

national competence to address critical infrastructure protection

and continuity through support for activities related to

counterterrorism, threat assessment, and risk mitigation.

(2) Particular support

The support provided under paragraph (1) shall include the

following:

(A) Modeling, simulation, and analysis of the systems

comprising critical infrastructures, including cyber

infrastructure, telecommunications infrastructure, and physical

infrastructure, in order to enhance understanding of the

large-scale complexity of such systems and to facilitate

modification of such systems to mitigate the threats to such

systems and to critical infrastructures generally.

(B) Acquisition from State and local governments and the

private sector of data necessary to create and maintain models

of such systems and of critical infrastructures generally.

(C) Utilization of modeling, simulation, and analysis under

subparagraph (A) to provide education and training to

policymakers on matters relating to -

(i) the analysis conducted under that subparagraph;

(ii) the implications of unintended or unintentional

disturbances to critical infrastructures; and

(iii) responses to incidents or crises involving critical

infrastructures, including the continuity of government and

private sector activities through and after such incidents or

crises.

(D) Utilization of modeling, simulation, and analysis under

subparagraph (A) to provide recommendations to policymakers,

and to departments and agencies of the Federal Government and

private sector persons and entities upon request, regarding

means of enhancing the stability of, and preserving, critical

infrastructures.

(3) Recipient of certain support

Modeling, simulation, and analysis provided under this

subsection shall be provided, in particular, to relevant Federal,

State, and local entities responsible for critical infrastructure

protection and policy.

(e) Critical infrastructure defined

In this section, the term "critical infrastructure" means systems

and assets, whether physical or virtual, so vital to the United

States that the incapacity or destruction of such systems and

assets would have a debilitating impact on security, national

economic security, national public health or safety, or any

combination of those matters.

(f) Authorization of appropriations

There is hereby authorized for the Department of Defense for

fiscal year 2002, $20,000,000 for the Defense Threat Reduction

Agency for activities of the National Infrastructure Simulation and

Analysis Center under this section in that fiscal year.

-SOURCE-

(Pub. L. 107-56, title X, Sec. 1016, Oct. 26, 2001, 115 Stat. 400.)

-COD-

CODIFICATION

Section was enacted as the Critical Infrastructures Protection

Act of 2001 and also as part of the Uniting and Strengthening

America by Providing Appropriate Tools Required to Intercept and

Obstruct Terrorism (USA PATRIOT ACT) Act of 2001, and not as part

of the Robert T. Stafford Disaster Relief and Emergency Assistance

Act which comprises this chapter.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the National Infrastructure Simulation and Analysis Center of the

Department of Energy, including the functions of the Secretary of

Energy relating thereto, to the Secretary of Homeland Security, and

for treatment of related references, see sections 121(g)(4),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 6 section 101.

-End-

-CITE-

42 USC Part A - Powers and Duties 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV09B - EMERGENCY PREPAREDNESS

Part A - Powers and Duties

-HEAD-

PART A - POWERS AND DUTIES

-End-

-CITE-

42 USC Sec. 5196 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV09B - EMERGENCY PREPAREDNESS

Part A - Powers and Duties

-HEAD-

Sec. 5196. Detailed functions of administration

-STATUTE-

(a) In general

In order to carry out the policy described in section 5195 of

this title, the Director shall have the authorities provided in

this section.

(b) Federal emergency response plans and programs

The Director may prepare Federal response plans and programs for

the emergency preparedness of the United States and sponsor and

direct such plans and programs. To prepare such plans and programs

and coordinate such plans and programs with State efforts, the

Director may request such reports on State plans and operations for

emergency preparedness as may be necessary to keep the President,

Congress, and the States advised of the status of emergency

preparedness in the United States.

(c) Delegation of emergency preparedness responsibilities

With the approval of the President, the Director may delegate to

other departments and agencies of the Federal Government

appropriate emergency preparedness responsibilities and review and

coordinate the emergency preparedness activities of the departments

and agencies with each other and with the activities of the States

and neighboring countries.

(d) Communications and warnings

The Director may make appropriate provision for necessary

emergency preparedness communications and for dissemination of

warnings to the civilian population of a hazard.

(e) Emergency preparedness measures

The Director may study and develop emergency preparedness

measures designed to afford adequate protection of life and

property, including -

(1) research and studies as to the best methods of treating the

effects of hazards;

(2) developing shelter designs and materials for protective

covering or construction; and

(3) developing equipment or facilities and effecting the

standardization thereof to meet emergency preparedness

requirements.

(f) Training programs

(1) The Director may -

(A) conduct or arrange, by contract or otherwise, for training

programs for the instruction of emergency preparedness officials

and other persons in the organization, operation, and techniques

of emergency preparedness;

(B) conduct or operate schools or including the payment of

travel expenses, in accordance with subchapter I of chapter 57 of

title 5 and the Standardized Government Travel Regulations, and

per diem allowances, in lieu of subsistence for trainees in

attendance or the furnishing of subsistence and quarters for

trainees and instructors on terms prescribed by the Director; and

(C) provide instructors and training aids as necessary.

(2) The terms prescribed by the Director for the payment of

travel expenses and per diem allowances authorized by this

subsection shall include a provision that such payment shall not

exceed one-half of the total cost of such expenses.

(3) The Director may lease real property required for the purpose

of carrying out this subsection, but may not acquire fee title to

property unless specifically authorized by law.

(g) Public dissemination of emergency preparedness information

The Director may publicly disseminate appropriate emergency

preparedness information by all appropriate means.

(h) Interstate emergency preparedness compacts

(1) The Director may -

(A) assist and encourage the States to negotiate and enter into

interstate emergency preparedness compacts;

(B) review the terms and conditions of such proposed compacts

in order to assist, to the extent feasible, in obtaining

uniformity between such compacts and consistency with Federal

emergency response plans and programs;

(C) assist and coordinate the activities under such compacts;

and

(D) aid and assist in encouraging reciprocal emergency

preparedness legislation by the States which will permit the

furnishing of mutual aid for emergency preparedness purposes in

the event of a hazard which cannot be adequately met or

controlled by a State or political subdivision thereof threatened

with or experiencing a hazard.

(2) A copy of each interstate emergency preparedness compact

shall be transmitted promptly to the Senate and the House of

Representatives. The consent of Congress is deemed to be granted to

each such compact upon the expiration of the 60-day period

beginning on the date on which the compact is transmitted to

Congress.

(3) Nothing in this subsection shall be construed as preventing

Congress from disapproving, or withdrawing at any time its consent

to, any interstate emergency preparedness compact.

(i) Materials and facilities

(1) The Director may procure by condemnation or otherwise,

construct, lease, transport, store, maintain, renovate or

distribute materials and facilities for emergency preparedness,

with the right to take immediate possession thereof.

(2) Facilities acquired by purchase, donation, or other means of

transfer may be occupied, used, and improved for the purposes of

this subchapter before the approval of title by the Attorney

General as required by sections 3111 and 3112 of title 40.

(3) The Director may lease real property required for the purpose

of carrying out the provisions of this subsection, but shall not

acquire fee title to property unless specifically authorized by

law.

(4) The Director may procure and maintain under this subsection

radiological, chemical, bacteriological, and biological agent

monitoring and decontamination devices and distribute such devices

by loan or grant to the States for emergency preparedness purposes,

under such terms and conditions as the Director shall prescribe.

(j) Financial contributions

(1) The Director may make financial contributions, on the basis

of programs or projects approved by the Director, to the States for

emergency preparedness purposes, including the procurement,

construction, leasing, or renovating of materials and facilities.

Such contributions shall be made on such terms or conditions as the

Director shall prescribe, including the method of purchase, the

quantity, quality, or specifications of the materials or

facilities, and such other factors or care or treatment to assure

the uniformity, availability, and good condition of such materials

or facilities.

(2) No contribution may be made under this subsection for the

procurement of land or for the purchase of personal equipment for

State or local emergency preparedness workers.

(3) The amounts authorized to be contributed by the Director to

each State for organizational equipment shall be equally matched by

such State from any source it determines is consistent with its

laws.

(4) Financial contributions to the States for shelters and other

protective facilities shall be determined by taking the amount of

funds appropriated or available to the Director for such facilities

in each fiscal year and apportioning such funds among the States in

the ratio which the urban population of the critical target areas

(as determined by the Director) in each State, at the time of the

determination, bears to the total urban population of the critical

target areas of all of the States.

(5) The amounts authorized to be contributed by the Director to

each State for such shelters and protective facilities shall be

equally matched by such State from any source it determines is

consistent with its laws and, if not matched within a reasonable

time, the Director may reallocate such amounts to other States

under the formula described in paragraph (4). The value of any land

contributed by any State or political subdivision thereof shall be

excluded from the computation of the State share under this

subsection.

(6) The amounts paid to any State under this subsection shall be

expended solely in carrying out the purposes set forth herein and

in accordance with State emergency preparedness programs or

projects approved by the Director. The Director shall make no

contribution toward the cost of any program or project for the

procurement, construction, or leasing of any facility which (A) is

intended for use, in whole or in part, for any purpose other than

emergency preparedness, and (B) is of such kind that upon

completion it will, in the judgment of the Director, be capable of

producing sufficient revenue to provide reasonable assurance of the

retirement or repayment of such cost; except that (subject to the

preceding provisions of this subsection) the Director may make a

contribution to any State toward that portion of the cost of the

construction, reconstruction, or enlargement of any facility which

the Director determines to be directly attributable to the

incorporation in such facility of any feature of construction or

design not necessary for the principal intended purpose thereof but

which is, in the judgment of the Director necessary for the use of

such facility for emergency preparedness purposes.

(7) The Director shall submit to Congress a report, at least

annually, regarding all contributions made pursuant to this

subsection.

(8) All laborers and mechanics employed by contractors or

subcontractors in the performance of construction work financed

with the assistance of any contribution of Federal funds made by

the Director under this subsection shall be paid wages at rates not

less than those prevailing on similar construction in the locality

as determined by the Secretary of Labor in accordance with sections

3141-3144, 3146, and 3147 of title 40, and every such employee

shall receive compensation at a rate not less than one and 1/2

times the basic rate of pay of the employee for all hours worked in

any workweek in excess of eight hours in any workday or 40 hours in

the workweek, as the case may be. The Director shall make no

contribution of Federal funds without first obtaining adequate

assurance that these labor standards will be maintained upon the

construction work. The Secretary of Labor shall have, with respect

to the labor standards specified in this subsection, the authority

and functions set forth in Reorganization Plan Numbered 14 of 1950

(5 U.S.C. App.) and section 3145 of title 40.

(k) Sale or disposal of certain materials and facilities

The Director may arrange for the sale or disposal of materials

and facilities found by the Director to be unnecessary or

unsuitable for emergency preparedness purposes in the same manner

as provided for excess property under the Federal Property and

Administrative Services Act of 1949.(!1) Any funds received as

proceeds from the sale or other disposition of such materials and

facilities shall be deposited into the Treasury as miscellaneous

receipts.

-SOURCE-

(Pub. L. 93-288, title VI, Sec. 611, as added Pub. L. 103-337, div.

C, title XXXIV, Sec. 3411(a)(3), Oct. 5, 1994, 108 Stat. 3102;

amended Pub. L. 104-66, title II, Sec. 2071, Dec. 21, 1995, 109

Stat. 729.)

-REFTEXT-

REFERENCES IN TEXT

Reorganization Plan Numbered 14 of 1950, referred to in subsec.

(j)(8), is Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R.

3176, 64 Stat. 1267, which is set out in the Appendix to Title 5,

Government Organization and Employees.

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (k), is act June 30, 1949, ch. 288, 63 Stat.

377, as amended. Except for title III of the Act, which is

classified generally to subchapter IV (Sec. 251 et seq.) of chapter

4 of Title 41, Public Contracts, the Act was repealed and reenacted

by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,

1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,

and Works.

-COD-

CODIFICATION

In subsec. (i)(2), "sections 3111 and 3112 of title 40"

substituted for "section 355 of the Revised Statutes (40 U.S.C.

255)" and, in subsec. (j)(8), "sections 3141-3144, 3146, and 3147

of title 40" substituted for "the Act of March 3, 1931 (commonly

known as the Davis-Bacon Act (40 U.S.C. 276a-276a-5))" and "section

3145 of title 40" substituted for "section 2 of the Act of June 13,

1934 (40 U.S.C. 276(c))", meaning 276c, on authority of Pub. L.

107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first

section of which enacted Title 40, Public Buildings, Property, and

Works.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 2281 of Title 50, Appendix, War and National Defense, prior

to repeal by Pub. L. 103-337, Sec. 3412(a).

AMENDMENTS

1995 - Subsec. (i)(3) to (5). Pub. L. 104-66 redesignated pars.

(4) and (5) as (3) and (4), respectively, and struck out former

par. (3) which read as follows: "The Director shall submit to

Congress a report, at least quarterly, describing all property

acquisitions made pursuant to this subsection."

-TRANS-

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 sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-MISC2-

PILOT PROGRAM TO STUDY DESIGN AND CONSTRUCTION OF BUILDINGS TO

MINIMIZE EFFECTS OF NUCLEAR EXPLOSIONS

Pub. L. 96-342, title VII, Sec. 704, Sept. 8, 1980, 94 Stat.

1090, provided that:

"(a) The Director of the Federal Emergency Management Agency

shall establish a pilot program of designing and constructing

buildings to enhance the ability of the buildings to withstand

nuclear explosions and to minimize the damage to such buildings

caused by a nuclear explosion. Such program shall include the

designing and constructing of at least two building projects chosen

by the Director so that the buildings in the projects will be able

to better withstand nuclear explosions and so that any damage to

the buildings in the project caused by a nuclear explosion will be

minimized.

"(b) The Director of the Federal Emergency Management Agency

shall submit a report to the Senate and the House of

Representatives not later than April 1, 1981, on the establishment

under subsection (a) of the pilot program.

"(c) Of the sums authorized to be appropriated under section 701

[which authorized an appropriation of $120,000,000 for fiscal year

1981 to carry out the Federal Civil Defense Act of 1950, 50 U.S.C.

App. 2251-2303], $400,000 shall be available to carry out the pilot

program established pursuant to subsection (a).

"(d) This section shall take effect on October 1, 1980."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5132, 5195a, 5195b of

this title; title 50 sections 2314, 2317.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 5196a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV09B - EMERGENCY PREPAREDNESS

Part A - Powers and Duties

-HEAD-

Sec. 5196a. Mutual aid pacts between States and neighboring

countries

-STATUTE-

The Director shall give all practicable assistance to States in

arranging, through the Department of State, mutual emergency

preparedness aid between the States and neighboring countries.

-SOURCE-

(Pub. L. 93-288, title VI, Sec. 612, as added Pub. L. 103-337, div.

C, title XXXIV, Sec. 3411(a)(3), Oct. 5, 1994, 108 Stat. 3105.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 2283 of Title 50, Appendix, War and National Defense, prior

to repeal by Pub. L. 103-337, Sec. 3412(a).

-TRANS-

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 sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-End-

-CITE-

42 USC Sec. 5196b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV09B - EMERGENCY PREPAREDNESS

Part A - Powers and Duties

-HEAD-

Sec. 5196b. Contributions for personnel and administrative expenses

-STATUTE-

(a) General authority

To further assist in carrying out the purposes of this

subchapter, the Director may make financial contributions to the

States (including interstate emergency preparedness authorities

established pursuant to section 5196(h) of this title) for

necessary and essential State and local emergency preparedness

personnel and administrative expenses, on the basis of approved

plans (which shall be consistent with the Federal emergency

response plans for emergency preparedness) for the emergency

preparedness of the States. The financial contributions to the

States under this section may not exceed one-half of the total cost

of such necessary and essential State and local emergency

preparedness personnel and administrative expenses.

(b) Plan requirements

A plan submitted under this section shall -

(1) provide, pursuant to State law, that the plan shall be in

effect in all political subdivisions of the State and be

mandatory on them and be administered or supervised by a single

State agency;

(2) provide that the State shall share the financial assistance

with that provided by the Federal Government under this section

from any source determined by it to be consistent with State law;

(3) provide for the development of State and local emergency

preparedness operational plans, pursuant to standards approved by

the Director;

(4) provide for the employment of a full-time emergency

preparedness director, or deputy director, by the State;

(5) provide that the State shall make such reports in such form

and content as the Director may require;

(6) make available to duly authorized representatives of the

Director and the Comptroller General, books, records, and papers

necessary to conduct audits for the purposes of this section; and

(7) include a plan for providing information to the public in a

coordinated manner.

(c) Terms and conditions

The Director shall establish such other terms and conditions as

the Director considers necessary and proper to carry out this

section.

(d) Application of other provisions

In carrying out this section, the provisions of section (!1)

5196(h) and 5197(h) of this title shall apply.

(e) Allocation of funds

For each fiscal year concerned, the Director shall allocate to

each State, in accordance with regulations and the total sum

appropriated under this subchapter, amounts to be made available to

the States for the purposes of this section. Regulations governing

allocations to the States under this subsection shall give due

regard to (1) the criticality of the areas which may be affected by

hazards with respect to the development of the total emergency

preparedness readiness of the United States, (2) the relative state

of development of emergency preparedness readiness of the State,

(3) population, and (4) such other factors as the Director shall

prescribe. The Director may reallocate the excess of any allocation

not used by a State in a plan submitted under this section. Amounts

paid to any State or political subdivision under this section shall

be expended solely for the purposes set forth in this section.

(f) Submission of plan

If a State fails to submit a plan for approval as required by

this section within 60 days after the Director notifies the States

of the allocations under this section, the Director may reallocate

such funds, or portions thereof, among the other States in such

amounts as, in the judgment of the Director, will best assure the

adequate development of the emergency preparedness capability of

the United States.

(g) Annual reports

The Director shall report annually to the Congress all

contributions made pursuant to this section.

-SOURCE-

(Pub. L. 93-288, title VI, Sec. 613, as added Pub. L. 103-337, div.

C, title XXXIV, Sec. 3411(a)(3), Oct. 5, 1994, 108 Stat. 3106;

amended Pub. L. 107-188, title I, Sec. 151, June 12, 2002, 116

Stat. 630.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 2286 of Title 50, Appendix, War and National Defense, prior

to repeal by Pub. L. 103-337, Sec. 3412(a).

AMENDMENTS

2002 - Subsec. (b)(7). Pub. L. 107-188 added par. (7).

-TRANS-

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 sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-FOOTNOTE-

(!1) So in original. Probably should be "sections".

-End-

-CITE-

42 USC Sec. 5196c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV09B - EMERGENCY PREPAREDNESS

Part A - Powers and Duties

-HEAD-

Sec. 5196c. Requirement for State matching funds for construction

of emergency operating centers

-STATUTE-

Notwithstanding any other provision of this subchapter, funds

appropriated to carry out this subchapter may not be used for the

purpose of constructing emergency operating centers (or similar

facilities) in any State unless such State matches in an equal

amount the amount made available to such State under this

subchapter for such purpose.

-SOURCE-

(Pub. L. 93-288, title VI, Sec. 614, as added Pub. L. 103-337, div.

C, title XXXIV, Sec. 3411(a)(3), Oct. 5, 1994, 108 Stat. 3107.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 2288 of Title 50, Appendix, War and National Defense, prior

to repeal by Pub. L. 103-337, Sec. 3412(a).

-End-

-CITE-

42 USC Sec. 5196d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV09B - EMERGENCY PREPAREDNESS

Part A - Powers and Duties

-HEAD-

Sec. 5196d. Use of funds to prepare for and respond to hazards

-STATUTE-

Funds made available to the States under this subchapter may be

used by the States for the purposes of preparing for hazards and

providing emergency assistance in response to hazards. Regulations

prescribed to carry out this section shall authorize the use of

emergency preparedness personnel, materials, and facilities

supported in whole or in part through contributions under this

subchapter for emergency preparedness activities and measures

related to hazards.

-SOURCE-

(Pub. L. 93-288, title VI, Sec. 615, as added Pub. L. 103-337, div.

C, title XXXIV, Sec. 3411(a)(3), Oct. 5, 1994, 108 Stat. 3107.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 2289 of Title 50, Appendix, War and National Defense, prior

to repeal by Pub. L. 103-337, Sec. 3412(a).

-End-

-CITE-

42 USC Sec. 5196e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV09B - EMERGENCY PREPAREDNESS

Part A - Powers and Duties

-HEAD-

Sec. 5196e. Radiological Emergency Preparedness Fund

-STATUTE-

There is hereby established in the Treasury a Radiological

Emergency Preparedness Fund, which shall be available under the

Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.], as amended, and

Executive Order 12657, for offsite radiological emergency planning,

preparedness, and response. Beginning in fiscal year 1999 and

thereafter, the Director of the Federal Emergency Management Agency

(FEMA) shall promulgate through rulemaking fees to be assessed and

collected, applicable to persons subject to FEMA's radiological

emergency preparedness regulations. The aggregate charges assessed

pursuant to this section during fiscal year 1999 shall not be less

than 100 percent of the amounts anticipated by FEMA necessary for

its radiological emergency preparedness program for such fiscal

year. The methodology for assessment and collection of fees shall

be fair and equitable; and shall reflect costs of providing such

services, including administrative costs of collecting such fees.

Fees received pursuant to this section shall be deposited in the

Fund as offsetting collections and will become available for

authorized purposes on October 1, 1999, and remain available until

expended.

-SOURCE-

(Pub. L. 105-276, title III, Oct. 21, 1998, 112 Stat. 2502.)

-REFTEXT-

REFERENCES IN TEXT

The Atomic Energy Act of 1954, referred to in text, is act Aug.

1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, Sec. 1,

68 Stat. 921, and amended, which is classified generally to chapter

23 (Sec. 2011 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

2011 of this title and Tables.

Executive Order 12657, referred to in text, is Ex. Ord. No.

12657, Nov. 18, 1988, 53 F.R. 47513, which is set out as a note

under section 5195 of this title.

-COD-

CODIFICATION

Section was enacted as part of the Departments of Veterans

Affairs and Housing and Urban Development, and Independent Agencies

Appropriations Act, 1999, and not as part of the Robert T. Stafford

Disaster Relief and Emergency Assistance Act which comprises this

chapter.

-TRANS-

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 sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-End-

-CITE-

42 USC Part B - General Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV09B - EMERGENCY PREPAREDNESS

Part B - General Provisions

-HEAD-

PART B - GENERAL PROVISIONS

-End-

-CITE-

42 USC Sec. 5197 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV09B - EMERGENCY PREPAREDNESS

Part B - General Provisions

-HEAD-

Sec. 5197. Administrative authority

-STATUTE-

(a) In general

For the purpose of carrying out the powers and duties assigned to

the Director under this subchapter, the Director may exercise the

administrative authorities provided under this section.

(b) Advisory personnel

(1) The Director may employ not more than 100 part-time or

temporary advisory personnel (including not to exceed 25 subjects

of the United Kingdom or citizens of Canada) as the Director

considers to be necessary in carrying out the provisions of this

subchapter.

(2) Persons holding other offices or positions under the United

States for which they receive compensation, while serving as

advisory personnel, shall receive no additional compensation for

such service. Other part-time or temporary advisory personnel so

employed may serve without compensation or may receive compensation

at a rate not to exceed $180 for each day of service, plus

authorized subsistence and travel, as determined by the Director.

(c) Services of other agency personnel and volunteers

The Director may -

(1) use the services of Federal agencies and, with the consent

of any State or local government, accept and use the services of

State and local agencies;

(2) establish and use such regional and other offices as may be

necessary; and

(3) use such voluntary and uncompensated services by

individuals or organizations as may from time to time be needed.

(d) Gifts

Notwithstanding any other provision of law, the Director may

accept gifts of supplies, equipment, and facilities and may use or

distribute such gifts for emergency preparedness purposes in

accordance with the provisions of this subchapter.

(e) Reimbursement

The Director may reimburse any Federal agency for any of its

expenditures or for compensation of its personnel and use or

consumption of its materials and facilities under this subchapter

to the extent funds are available.

(f) Printing

The Director may purchase such printing, binding, and blank-book

work from public, commercial, or private printing establishments or

binderies as the Director considers necessary upon orders placed by

the Public Printer or upon waivers issued in accordance with

section 504 of title 44.

(g) Rules and regulations

The Director may prescribe such rules and regulations as may be

necessary and proper to carry out any of the provisions of this

subchapter and perform any of the powers and duties provided by

this subchapter. The Director may perform any of the powers and

duties provided by this subchapter through or with the aid of such

officials of the Federal Emergency Management Agency as the

Director may designate.

(h) Failure to expend contributions correctly

(1) When, after reasonable notice and opportunity for hearing to

the State or other person involved, the Director finds that there

is a failure to expend funds in accordance with the regulations,

terms, and conditions established under this subchapter for

approved emergency preparedness plans, programs, or projects, the

Director may notify such State or person that further payments will

not be made to the State or person from appropriations under this

subchapter (or from funds otherwise available for the purposes of

this subchapter for any approved plan, program, or project with

respect to which there is such failure to comply) until the

Director is satisfied that there will no longer be any such

failure.

(2) Until so satisfied, the Director shall either withhold the

payment of any financial contribution to such State or person or

limit payments to those programs or projects with respect to which

there is substantial compliance with the regulations, terms, and

conditions governing plans, programs, or projects hereunder.

(3) As used in this subsection, the term "person" means the

political subdivision of any State or combination or group thereof

or any person, corporation, association, or other entity of any

nature whatsoever, including instrumentalities of States and

political subdivisions.

-SOURCE-

(Pub. L. 93-288, title VI, Sec. 621, as added Pub. L. 103-337, div.

C, title XXXIV, Sec. 3411(a)(3), Oct. 5, 1994, 108 Stat. 3107.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 2253 of Title 50, Appendix, War and National Defense, prior

to repeal by Pub. L. 103-337, Sec. 3412(a).

-TRANS-

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 sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5196b, 5197a of this

title.

-End-

-CITE-

42 USC Sec. 5197a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV09B - EMERGENCY PREPAREDNESS

Part B - General Provisions

-HEAD-

Sec. 5197a. Security regulations

-STATUTE-

(a) Establishment

The Director shall establish such security requirements and

safeguards, including restrictions with respect to access to

information and property as the Director considers necessary.

(b) Limitations on employee access to information

No employee of the Federal Emergency Management Agency shall be

permitted to have access to information or property with respect to

which access restrictions have been established under this section,

until it shall have been determined that no information is

contained in the files of the Federal Bureau of Investigation or

any other investigative agency of the Government indicating that

such employee is of questionable loyalty or reliability for

security purposes, or if any such information is so disclosed,

until the Federal Bureau of Investigation shall have conducted a

full field investigation concerning such person and a report

thereon shall have been evaluated in writing by the Director.

(c) National security positions

No employee of the Federal Emergency Management Agency shall

occupy any position determined by the Director to be of critical

importance from the standpoint of national security until a full

field investigation concerning such employee shall have been

conducted by the Director of the Office of Personnel Management and

a report thereon shall have been evaluated in writing by the

Director of the Federal Emergency Management Agency. In the event

such full field investigation by the Director of the Office of

Personnel Management develops any data reflecting that such

applicant for a position of critical importance is of questionable

loyalty or reliability for security purposes, or if the Director of

the Federal Emergency Management Agency for any other reason

considers it to be advisable, such investigation shall be

discontinued and a report thereon shall be referred to the Director

of the Federal Emergency Management Agency for evaluation in

writing. Thereafter, the Director of the Federal Emergency

Management Agency may refer the matter to the Federal Bureau of

Investigation for the conduct of a full field investigation by such

Bureau. The result of such latter investigation by such Bureau

shall be furnished to the Director of the Federal Emergency

Management Agency for action.

(d) Employee oaths

Each Federal employee of the Federal Emergency Management Agency

acting under the authority of this subchapter, except the subjects

of the United Kingdom and citizens of Canada specified in section

5197(b) of this title, shall execute the loyalty oath or

appointment affidavits prescribed by the Director of the Office of

Personnel Management. Each person other than a Federal employee who

is appointed to serve in a State or local organization for

emergency preparedness shall before entering upon duties, take an

oath in writing before a person authorized to administer oaths,

which oath shall be substantially as follows:

"I, ______, do solemnly swear (or affirm) that I will support

and defend the Constitution of the United States against all

enemies, foreign and domestic; that I will bear true faith and

allegiance to the same; that I take this obligation freely,

without any mental reservation or purpose of evasion; and that I

will well and faithfully discharge the duties upon which I am

about to enter.

"And I do further swear (or affirm) that I do not advocate, nor

am I a member or an affiliate of any organization, group, or

combination of persons that advocates the overthrow of the

Government of the United States by force or violence; and that

during such time as I am a member of ______ (name of emergency

preparedness organization), I will not advocate nor become a

member or an affiliate of any organization, group, or combination

of persons that advocates the overthrow of the Government of the

United States by force or violence."

After appointment and qualification for office, the director of

emergency preparedness of any State, and any subordinate emergency

preparedness officer within such State designated by the director

in writing, shall be qualified to administer any such oath within

such State under such regulations as the director shall prescribe.

Any person who shall be found guilty of having falsely taken such

oath shall be punished as provided in section 1621 of title 18.

-SOURCE-

(Pub. L. 93-288, title VI, Sec. 622, as added Pub. L. 103-337, div.

C, title XXXIV, Sec. 3411(a)(3), Oct. 5, 1994, 108 Stat. 3108.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 2255 of Title 50, Appendix, War and National Defense, prior

to repeal by Pub. L. 103-337, Sec. 3412(a).

-TRANS-

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 sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-End-

-CITE-

42 USC Sec. 5197b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV09B - EMERGENCY PREPAREDNESS

Part B - General Provisions

-HEAD-

Sec. 5197b. Use of existing facilities

-STATUTE-

In performing duties under this subchapter, the Director -

(1) shall cooperate with the various departments and agencies

of the Federal Government;

(2) shall use, to the maximum extent, the existing facilities

and resources of the Federal Government and, with their consent,

the facilities and resources of the States and political

subdivisions thereof, and of other organizations and agencies;

and

(3) shall refrain from engaging in any form of activity which

would duplicate or parallel activity of any other Federal

department or agency unless the Director, with the written

approval of the President, shall determine that such duplication

is necessary to accomplish the purposes of this subchapter.

-SOURCE-

(Pub. L. 93-288, title VI, Sec. 623, as added Pub. L. 103-337, div.

C, title XXXIV, Sec. 3411(a)(3), Oct. 5, 1994, 108 Stat. 3110.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 2257 of Title 50, Appendix, War and National Defense, prior

to repeal by Pub. L. 103-337, Sec. 3412(a).

-TRANS-

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 sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-End-

-CITE-

42 USC Sec. 5197c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV09B - EMERGENCY PREPAREDNESS

Part B - General Provisions

-HEAD-

Sec. 5197c. Annual report to Congress

-STATUTE-

The Director shall annually submit a written report to the

President and Congress covering expenditures, contributions, work,

and accomplishments of the Federal Emergency Management Agency

pursuant to this subchapter, accompanied by such recommendations as

the Director considers appropriate.

-SOURCE-

(Pub. L. 93-288, title VI, Sec. 624, as added Pub. L. 103-337, div.

C, title XXXIV, Sec. 3411(a)(3), Oct. 5, 1994, 108 Stat. 3110.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 2258 of Title 50, Appendix, War and National Defense, prior

to repeal by Pub. L. 103-337, Sec. 3412(a).

-TRANS-

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 sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-End-

-CITE-

42 USC Sec. 5197d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV09B - EMERGENCY PREPAREDNESS

Part B - General Provisions

-HEAD-

Sec. 5197d. Applicability of subchapter

-STATUTE-

The provisions of this subchapter shall be applicable to the

United States, its States, Territories and possessions, and the

District of Columbia, and their political subdivisions.

-SOURCE-

(Pub. L. 93-288, title VI, Sec. 625, as added Pub. L. 103-337, div.

C, title XXXIV, Sec. 3411(a)(3), Oct. 5, 1994, 108 Stat. 3110.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 2259 of Title 50, Appendix, War and National Defense, prior

to repeal by Pub. L. 103-337, Sec. 3412(a).

-End-

-CITE-

42 USC Sec. 5197e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV09B - EMERGENCY PREPAREDNESS

Part B - General Provisions

-HEAD-

Sec. 5197e. Authorization of appropriations and transfers of funds

-STATUTE-

(a) Authorization of appropriations

There are authorized to be appropriated such sums as may be

necessary to carry out the provisions of this subchapter.

(b) Transfer authority

Funds made available for the purposes of this subchapter may be

allocated or transferred for any of the purposes of this

subchapter, with the approval of the Director of the Office of

Management and Budget, to any agency or government corporation

designated to assist in carrying out this subchapter. Each such

allocation or transfer shall be reported in full detail to the

Congress within 30 days after such allocation or transfer.

-SOURCE-

(Pub. L. 93-288, title VI, Sec. 626, as added Pub. L. 103-337, div.

C, title XXXIV, Sec. 3411(a)(3), Oct. 5, 1994, 108 Stat. 3110.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 2260 of Title 50, Appendix, War and National Defense, prior

to repeal by Pub. L. 103-337, Sec. 3412(a).

-End-

-CITE-

42 USC Sec. 5197f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV09B - EMERGENCY PREPAREDNESS

Part B - General Provisions

-HEAD-

Sec. 5197f. Relation to Atomic Energy Act of 1954

-STATUTE-

Nothing in this subchapter shall be construed to alter or modify

the provisions of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et

seq.).

-SOURCE-

(Pub. L. 93-288, title VI, Sec. 627, as added Pub. L. 103-337, div.

C, title XXXIV, Sec. 3411(a)(3), Oct. 5, 1994, 108 Stat. 3110.)

-REFTEXT-

REFERENCES IN TEXT

The Atomic Energy Act of 1954, referred to in text, is act Aug.

1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, Sec. 1,

68 Stat. 921, and amended, which is classified generally to chapter

23 (Sec. 2011 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

2011 of this title and Tables.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 2262 of Title 50, Appendix, War and National Defense, prior

to repeal by Pub. L. 103-337, Sec. 3412(a).

-End-

-CITE-

42 USC Sec. 5197g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV09B - EMERGENCY PREPAREDNESS

Part B - General Provisions

-HEAD-

Sec. 5197g. Federal Bureau of Investigation

-STATUTE-

Nothing in this subchapter shall be construed to authorize

investigations of espionage, sabotage, or subversive acts by any

persons other than personnel of the Federal Bureau of

Investigation.

-SOURCE-

(Pub. L. 93-288, title VI, Sec. 628, as added Pub. L. 103-337, div.

C, title XXXIV, Sec. 3411(a)(3), Oct. 5, 1994, 108 Stat. 3110.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 2263 of Title 50, Appendix, War and National Defense, prior

to repeal by Pub. L. 103-337, Sec. 3412(a).

-End-

-CITE-

42 USC Sec. 5197h 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV09B - EMERGENCY PREPAREDNESS

Part B - General Provisions

-HEAD-

Sec. 5197h. Minority emergency preparedness demonstration program

-STATUTE-

(a) In general

The Director shall establish a minority emergency preparedness

demonstration program to research and promote the capacity of

minority communities to provide data, information, and awareness

education by providing grants to or executing contracts or

cooperative agreements with eligible nonprofit organizations to

establish and conduct such programs.

(b) Activities supported

An eligible nonprofit organization may use a grant, contract, or

cooperative agreement awarded under this section -

(1) to conduct research into the status of emergency

preparedness and disaster response awareness in African American

and Hispanic households located in urban, suburban, and rural

communities, particularly in those States and regions most

impacted by natural and manmade disasters and emergencies; and

(2) to develop and promote awareness of emergency preparedness

education programs within minority communities, including

development and preparation of culturally competent educational

and awareness materials that can be used to disseminate

information to minority organizations and institutions.

(c) Eligible organizations

A nonprofit organization is eligible to be awarded a grant,

contract, or cooperative agreement under this section with respect

to a program if the organization is a nonprofit organization that

is described in section 501(c)(3) of title 26 and exempt from tax

under section 501(a) of such title, whose primary mission is to

provide services to communities predominately populated by minority

citizens, and that can demonstrate a partnership with a

minority-owned business enterprise or minority business located in

a HUBZone (as defined in section 632(p) of title 15) with respect

to the program.

(d) Use of funds

A recipient of a grant, contract, or cooperative agreement

awarded under this section may only use the proceeds of the grant,

contract, or agreement to -

(1) acquire expert professional services necessary to conduct

research in communities predominately populated by minority

citizens, with a primary emphasis on African American and

Hispanic communities;

(2) develop and prepare informational materials to promote

awareness among minority communities about emergency preparedness

and how to protect their households and communities in advance of

disasters;

(3) establish consortia with minority national organizations,

minority institutions of higher education, and faith-based

institutions to disseminate information about emergency

preparedness to minority communities; and

(4) implement a joint project with a minority serving

institution, including a part B institution (as defined in

section 1061(2) of title 20), an institution described in

subparagraph (A), (B), or (C) of section 1063b(e)(1) (!1) of

title 20, and a Hispanic-serving institution (as defined in

section 1101a(a)(5) of title 20).

(e) Application and review procedure

To be eligible to receive a grant, contract, or cooperative

agreement under this section, an organization must submit an

application to the Director at such time, in such manner, and

accompanied by such information as the Director may reasonably

require. The Director shall establish a procedure by which to

accept such applications.

(f) Authorization of appropriation

There is authorized to be appropriated to carry out this section

$1,500,000 for fiscal year 2002 and such funds as may be necessary

for fiscal years 2003 through 2007. Such sums shall remain

available until expended.

-SOURCE-

(Pub. L. 93-288, title VI, Sec. 629, as added Pub. L. 107-73, title

IV, Sec. 431, Nov. 26, 2001, 115 Stat. 697.)

-REFTEXT-

REFERENCES IN TEXT

Subparagraph (A), (B), or (C) of section 1063b(e)(1) of title 20,

referred to in subsec. (d)(4), was in the original "subparagraph

(A), (B), or (C) of section 326 of that Act (20 U.S.C.

1063b(e)(1)(A), (B), or (C))", which was translated as reading

"subparagraph (A), (B), or (C) of section 326(e)(1) of that Act (20

U.S.C. 1063b(e)(1)(A), (B), or (C))" to reflect the probable intent

of Congress.

-TRANS-

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 sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC SUBCHAPTER V - MISCELLANEOUS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER V - MISCELLANEOUS

-HEAD-

SUBCHAPTER V - MISCELLANEOUS

-End-

-CITE-

42 USC Sec. 5201 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER V - MISCELLANEOUS

-HEAD-

Sec. 5201. Rules and regulations

-STATUTE-

(a)(1) The President may prescribe such rules and regulations as

may be necessary and proper to carry out any of the provisions of

this chapter, and he may exercise any power or authority conferred

on him by any section of this chapter either directly or through

such Federal agency or agencies as he may designate.

(2) Deadline for payment of assistance. - Rules and regulations

authorized by paragraph (1) shall provide that payment of any

assistance under this chapter to a State shall be completed within

60 days after the date of approval of such assistance.

(b) In furtherance of the purposes of this chapter, the President

or his delegate may accept and use bequests, gifts, or donations of

service, money, or property, real, personal, or mixed, tangible, or

intangible. All sums received under this subsection shall be

deposited in a separate fund on the books of the Treasury and shall

be available for expenditure upon the certification of the

President or his delegate. At the request of the President or his

delegate, the Secretary of the Treasury may invest and reinvest

excess monies in the fund. Such investments shall be in public debt

securities with maturities suitable for the needs of the fund and

shall bear interest at rates determined by the Secretary of the

Treasury, taking into consideration current market yields on

outstanding marketable obligations of the United States of

comparable maturities. The interest on such investments shall be

credited to, and form a part of, the fund.

-SOURCE-

(Pub. L. 93-288, title VII, Sec. 701, formerly title VI, Sec. 601,

May 22, 1974, 88 Stat. 163; Pub. L. 96-446, Oct. 13, 1980, 94 Stat.

1893; Pub. L. 100-707, title I, Sec. 108(a), Nov. 23, 1988, 102

Stat. 4707; renumbered title VII, Sec. 701, Pub. L. 103-337, div.

C, title XXXIV, Sec. 3411(a)(1), (2), Oct. 5, 1994, 108 Stat.

3100.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 93-288, May 22, 1974, 88 Stat. 143, as

amended. For complete classification of this Act to the Code, see

Short Title note set out under section 5121 of this title and

Tables.

-MISC1-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-707 designated existing provision

as par. (1) and added par. (2).

1980 - Pub. L. 96-446 designated existing provisions as subsec.

(a) and added subsec. (b).

DEADLINE FOR ISSUANCE OF REGULATIONS

Section 113 of title I of Pub. L. 100-707 provided that:

"Regulations necessary to carry out this title and the amendments

made by this title [see Short Title of 1988 Amendment note set out

under section 5121 of this title] shall be issued no later than the

180th day following the date of the enactment of this Act [Nov. 23,

1988]."

[Functions of President under section 113 of Pub. L. 100-707

delegated to Director of Federal Emergency Management Agency by

section 5 of Ex. Ord. No. 12673, Mar. 23, 1989, 54 F.R. 12571, set

out as a note under section 5195 of this title.]

-End-

-CITE-

42 USC Sec. 5202 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER V - MISCELLANEOUS

-HEAD-

Sec. 5202. Repealed. Pub. L. 100-707, title I, Sec. 108(c), Nov.

23, 1988, 102 Stat. 4708

-MISC1-

Section, Pub. L. 93-288, title VI, Sec. 606, May 22, 1974, 88

Stat. 164; Pub. L. 95-51, Sec. 1, June 20, 1977, 91 Stat. 233; Pub.

L. 96-568, Sec. 2, Dec. 22, 1980, 94 Stat. 3334, authorized

appropriations of such sums as necessary to carry out this chapter

through the close of Sept. 30, 1981.

-End-

-CITE-

42 USC Sec. 5203 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER V - MISCELLANEOUS

-HEAD-

Sec. 5203. Excess disaster assistance payments as budgetary

emergency requirements

-STATUTE-

Beginning in fiscal year 1993, and in each year thereafter,

notwithstanding any other provision of law, all amounts

appropriated for disaster assistance payments under the Robert T.

Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.

5121 et seq.) that are in excess of either the historical annual

average obligation of $320,000,000, or the amount submitted in the

President's initial budget request, whichever is lower, shall be

considered as "emergency requirements" pursuant to section

901(b)(2)(D) (!1) of title 2, and such amounts shall on and after

December 12, 1991, be so designated.

-SOURCE-

(Pub. L. 102-229, title I, Dec. 12, 1991, 105 Stat. 1711.)

-REFTEXT-

REFERENCES IN TEXT

The Robert T. Stafford Disaster Relief and Emergency Assistance

Act, referred to in text, is Pub. L. 93-288, May 22, 1974, 88 Stat.

143, as amended, which is classified principally to this chapter.

For complete classification of this Act to the Code, see Short

Title note set out under section 5121 of this title and Tables.

Section 901 of title 2, referred to in text, was amended by Pub.

L. 105-33, title X, Sec. 10203(a)(4), Aug. 5, 1997, 111 Stat. 699,

by striking out subsec. (b) and adding a new subsec. (b). As so

amended, section 901(b)(2)(D) of title 2 no longer refers to

"emergency requirements". However, "emergency requirements" are

referred to elsewhere in section 901.

-COD-

CODIFICATION

Section was enacted as part of the Dire Emergency Supplemental

Appropriations and Transfers for Relief From the Effects of Natural

Disasters, for Other Urgent Needs, and for Incremental Cost of

"Operation Desert Shield/Desert Storm" Act of 1992, and not as a

part of the Robert T. Stafford Disaster Relief and Emergency

Assistance Act which comprises this chapter.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 5204 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER V - MISCELLANEOUS

-HEAD-

Sec. 5204. Insular areas disaster survival and recovery;

definitions

-STATUTE-

As used in sections 5204 to 5204c of this title -

(1) the term "insular area" means any of the following:

American Samoa, the Federated States of Micronesia, Guam, the

Marshall Islands, the Northern Mariana Islands, the Trust

Territory of the Pacific Islands, and the Virgin Islands;

(2) the term "disaster" means a declaration of a major disaster

by the President after September 1, 1989, pursuant to section

5170 of this title; and

(3) the term "Secretary" means the Secretary of the Interior.

-SOURCE-

(Pub. L. 102-247, title II, Sec. 201, Feb. 24, 1992, 106 Stat. 37.)

-REFTEXT-

REFERENCES IN TEXT

Sections 5204 to 5204c of this title, referred to in text, was in

the original "this title", meaning title II of Pub. L. 102-247,

Feb. 24, 1992, 106 Stat. 37, which enacted sections 5204 to 5204c

of this title and amended section 5122 of this title.

-COD-

CODIFICATION

Section was enacted as part of the Omnibus Insular Areas Act of

1992, and not as part of the Robert T. Stafford Disaster Relief and

Emergency Assistance Act which comprises this chapter.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-End-

-CITE-

42 USC Sec. 5204a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER V - MISCELLANEOUS

-HEAD-

Sec. 5204a. Authorization of appropriations for insular areas

-STATUTE-

There are hereby authorized to be appropriated to the Secretary

such sums as may be necessary to -

(1) reconstruct essential public facilities damaged by

disasters in the insular areas that occurred prior to February

24, 1992; and

(2) enhance the survivability of essential public facilities in

the event of disasters in the insular areas,

except that with respect to the disaster declared by the President

in the case of Hurricane Hugo, September 1989, amounts for any

fiscal year shall not exceed 25 percent of the estimated aggregate

amount of grants to be made under sections 5170b and 5172 of this

title for such disaster. Such sums shall remain available until

expended.

-SOURCE-

(Pub. L. 102-247, title II, Sec. 202, Feb. 24, 1992, 106 Stat. 37.)

-COD-

CODIFICATION

Section was enacted as part of the Omnibus Insular Areas Act of

1992, and not as part of the Robert T. Stafford Disaster Relief and

Emergency Assistance Act which comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5204 of this title.

-End-

-CITE-

42 USC Sec. 5204b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER V - MISCELLANEOUS

-HEAD-

Sec. 5204b. Technical assistance for insular areas

-STATUTE-

(a) Upon the declaration by the President of a disaster in an

insular area, the President, acting through the Director of the

Federal Emergency Management Agency, shall assess, in cooperation

with the Secretary and chief executive of such insular area, the

capability of the insular government to respond to the disaster,

including the capability to assess damage; coordinate activities

with Federal agencies, particularly the Federal Emergency

Management Agency; develop recovery plans, including

recommendations for enhancing the survivability of essential

infrastructure; negotiate and manage reconstruction contracts; and

prevent the misuse of funds. If the President finds that the

insular government lacks any of these or other capabilities

essential to the recovery effort, then the President shall provide

technical assistance to the insular area which the President deems

necessary for the recovery effort.

(b) One year following the declaration by the President of a

disaster in an insular area, the Secretary, in consultation with

the Director of the Federal Emergency Management Agency, shall

submit to the Senate Committee on Energy and Natural Resources and

the House Committee on Natural Resources a report on the status of

the recovery effort, including an audit of Federal funds expended

in the recovery effort and recommendations on how to improve public

health and safety, survivability of infrastructure, recovery

efforts, and effective use of funds in the event of future

disasters.

-SOURCE-

(Pub. L. 102-247, title II, Sec. 203, Feb. 24, 1992, 106 Stat. 37;

Pub. L. 103-437, Sec. 15(p), Nov. 2, 1994, 108 Stat. 4594.)

-COD-

CODIFICATION

Section was enacted as part of the Omnibus Insular Areas Act of

1992, and not as part of the Robert T. Stafford Disaster Relief and

Emergency Assistance Act which comprises this chapter.

-MISC1-

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-437 substituted "House Committee

on Natural Resources" for "House Committee on Interior and Insular

Affairs".

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-TRANS-

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 sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5204 of this title.

-End-

-CITE-

42 USC Sec. 5204c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER V - MISCELLANEOUS

-HEAD-

Sec. 5204c. Hazard mitigation for insular areas

-STATUTE-

The total of contributions under the last sentence of section

5170c of this title for the insular areas shall not exceed 10

percent of the estimated aggregate amounts of grants to be made

under sections 5170b, 5172, 5173, 5174, and 5178 (!1) of this title

for any disaster: Provided, That the President shall require a 50

percent local match for assistance in excess of 10 percent of the

estimated aggregate amount of grants to be made under section 5172

of this title for any disaster.

-SOURCE-

(Pub. L. 102-247, title II, Sec. 204, Feb. 24, 1992, 106 Stat. 38.)

-REFTEXT-

REFERENCES IN TEXT

Section 5178 of this title, referred to in text, was repealed by

Pub. L. 106-390, title II, Sec. 206(c), Oct. 30, 2000, 114 Stat.

1571, effective 18 months after Oct. 30, 2000.

-COD-

CODIFICATION

Section was enacted as part of the Omnibus Insular Areas Act of

1992, and not as part of the Robert T. Stafford Disaster Relief and

Emergency Assistance Act which comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5204 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 5205 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER V - MISCELLANEOUS

-HEAD-

Sec. 5205. Disaster grant closeout procedures

-STATUTE-

(a) Statute of limitations

(1) In general

Except as provided in paragraph (2), no administrative action

to recover any payment made to a State or local government for

disaster or emergency assistance under this chapter shall be

initiated in any forum after the date that is 3 years after the

date of transmission of the final expenditure report for the

disaster or emergency.

(2) Fraud exception

The limitation under paragraph (1) shall apply unless there is

evidence of civil or criminal fraud.

(b) Rebuttal of presumption of record maintenance

(1) In general

In any dispute arising under this section after the date that

is 3 years after the date of transmission of the final

expenditure report for the disaster or emergency, there shall be

a presumption that accounting records were maintained that

adequately identify the source and application of funds provided

for financially assisted activities.

(2) Affirmative evidence

The presumption described in paragraph (1) may be rebutted only

on production of affirmative evidence that the State or local

government did not maintain documentation described in that

paragraph.

(3) Inability to produce documentation

The inability of the Federal, State, or local government to

produce source documentation supporting expenditure reports later

than 3 years after the date of transmission of the final

expenditure report shall not constitute evidence to rebut the

presumption described in paragraph (1).

(4) Right of access

The period during which the Federal, State, or local government

has the right to access source documentation shall not be limited

to the required 3-year retention period referred to in paragraph

(3), but shall last as long as the records are maintained.

(c) Binding nature of grant requirements

A State or local government shall not be liable for reimbursement

or any other penalty for any payment made under this chapter if -

(1) the payment was authorized by an approved agreement

specifying the costs;

(2) the costs were reasonable; and

(3) the purpose of the grant was accomplished.

-SOURCE-

(Pub. L. 93-288, title VII, Sec. 705, as added Pub. L. 106-390,

title III, Sec. 304, Oct. 30, 2000, 114 Stat. 1573.)

-End-

-CITE-

42 USC Sec. 5206 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER V - MISCELLANEOUS

-HEAD-

Sec. 5206. Buy American

-STATUTE-

(a) Compliance with Buy American Act

No funds authorized to be appropriated under this Act or any

amendment made by this Act may be expended by an entity unless the

entity, in expending the funds, complies with the Buy American Act

(41 U.S.C. 10a et seq.).

(b) Debarment of persons convicted of fraudulent use of "Made in

America" labels

(1) In general

If the Director of the Federal Emergency Management Agency

determines that a person has been convicted of intentionally

affixing a label bearing a "Made in America" inscription to any

product sold in or shipped to the United States that is not made

in America, the Director shall determine, not later than 90 days

after determining that the person has been so convicted, whether

the person should be debarred from contracting under the Robert

T. Stafford Disaster Relief and Emergency Assistance Act (42

U.S.C. 5121 et seq.).

(2) Definition of debar

In this subsection, the term "debar" has the meaning given the

term in section 2393(c) of title 10.

-SOURCE-

(Pub. L. 106-390, title III, Sec. 306, Oct. 30, 2000, 114 Stat.

1574.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a), is Pub. L. 106-390, Oct.

30, 2000, 114 Stat. 1552, known as the Disaster Mitigation Act of

2000. For complete classification of this Act to the Code, see

Short Title of 2000 Amendment note set out under section 5121 of

this title and Tables.

The Buy American Act, referred to in subsec. (a), is title III of

act Mar. 3, 1933, ch. 212, 47 Stat. 1520, as amended, which is

classified generally to sections 10a, 10b, and 10c of Title 41,

Public Contracts. For complete classification of this Act to the

Code, see Short Title note set out under section 10a of Title 41

and Tables.

The Robert T. Stafford Disaster Relief and Emergency Assistance

Act, referred to in subsec. (b)(1), is Pub. L. 93-288, May 22,

1974, 88 Stat. 143, as amended, which is classified principally to

this chapter. For complete classification of this Act to the Code,

see Short Title note set out under section 5121 of this title and

Tables.

-COD-

CODIFICATION

Section was enacted as part of the Disaster Mitigation Act of

2000, and not as part of the Robert T. Stafford Disaster Relief and

Emergency Assistance Act which comprises this chapter.

-TRANS-

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 sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-End-