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

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

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-CITE-

42 USC CHAPTER 68 - DISASTER RELIEF 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

-HEAD-

CHAPTER 68 - DISASTER RELIEF

-MISC1-

SUBCHAPTER I - FINDINGS, DECLARATIONS, AND DEFINITIONS

Sec.

5121. Congressional findings and declarations.

5122. Definitions.

SUBCHAPTER II - DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE

5131. Federal and State disaster preparedness programs.

(a) Utilization of services of other agencies.

(b) Technical assistance for the development of

plans and programs.

(c) Grants to States for development of plans and

programs.

(d) Grants for improvement, maintenance, and

updating of State plans.

5132. Disaster warnings.

(a) Readiness of Federal agencies to issue warnings

to State and local officials.

(b) Technical assistance to State and local

governments for effective warnings.

(c) Warnings to governmental authorities and public

endangered by disaster.

(d) Agreements with commercial communications

systems for use of facilities.

5133. Predisaster hazard mitigation.

(a) Definition of small impoverished community.

(b) Establishment of program.

(c) Approval by President.

(d) State recommendations.

(e) Uses of technical and financial assistance.

(f) Allocation of funds.

(g) Criteria for assistance awards.

(h) Federal share.

(i) National Predisaster Mitigation Fund.

(j) Limitation on total amount of financial

assistance.

(k) Multihazard advisory maps.

(l) Report on Federal and State administration.

(m) Termination of authority.

5134. Interagency task force.

(a) In general.

(b) Chairperson.

(c) Membership.

SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE

ADMINISTRATION

5141. Waiver of administrative conditions.

5142. Repealed.

5143. Coordinating officers.

(a) Appointment of Federal coordinating officer.

(b) Functions of Federal coordinating officer.

(c) State coordinating officer.

5144. Emergency support teams.

5145, 5146. Repealed.

5147. Reimbursement of Federal agencies.

5148. Nonliability of Federal Government.

5149. Performance of services.

(a) Utilization of services or facilities of State

and local governments.

(b) Appointment of temporary personnel, experts,

and consultants; acquisition, rental, or hire

of equipment, services, materials and

supplies.

5150. Use of local firms and individuals.

5151. Nondiscrimination in disaster assistance.

(a) Regulations for equitable and impartial relief

operations.

(b) Compliance with regulations as prerequisite to

participation by other bodies in relief

operations.

5152. Use and coordination of relief organizations.

5153. Priority to certain applications for public facility

and public housing assistance.

(a) Priority.

(b) Obligation of certain discretionary funds.

5154. Insurance.

(a) Applicants for replacement of damaged

facilities.

(b) Maintenance of insurance.

(c) State acting as self-insurer.

5154a. Prohibited flood disaster assistance.

(a) General prohibition.

(b) Transfer of property.

(c) Omitted.

(d) "Flood disaster area" defined.

(e) Effective date.

5155. Duplication of benefits.

(a) General prohibition.

(b) Special rules.

(c) Recovery of duplicative benefits.

(d) Assistance not income.

5156. Standards and reviews.

5157. Penalties.

(a) Misuse of funds.

(b) Civil enforcement.

(c) Referral to Attorney General.

(d) Civil penalty.

5158. Availability of materials.

5159. Protection of environment.

5160. Recovery of assistance.

(a) Party liable.

(b) Rendering of care.

5161. Audits and investigations.

(a) In general.

(b) Access to records.

(c) State and local audits.

5162. Advance of non-Federal share.

(a) In general.

(b) Terms of loans and advances.

(c) Regulations.

5163. Limitation on use of sliding scales.

5164. Rules and regulations.

5165. Mitigation planning.

(a) Requirement of mitigation plan.

(b) Local and tribal plans.

(c) State plans.

(d) Funding.

(e) Increased Federal share for hazard mitigation

measures.

5165a. Minimum standards for public and private structures.

(a) In general.

(b) Evidence of compliance.

5165b. Management costs.

(a) Definition of management cost.

(b) Establishment of management cost rates.

(c) Review.

5165c. Public notice, comment, and consultation requirements.

(a) Public notice and comment concerning new or

modified policies.

(b) Consultation concerning interim policies.

(c) Public access.

SUBCHAPTER IV - MAJOR DISASTER ASSISTANCE PROGRAMS

5170. Procedure for declaration.

5170a. General Federal assistance.

5170b. Essential assistance.

(a) In general.

(b) Federal share.

(c) Utilization of DOD resources.

5170c. Hazard mitigation.

(a) In general.

(b) Property acquisition and relocation assistance.

(c) Program administration by States.

5171. Federal facilities.

(a) Repair, reconstruction, restoration, or

replacement of United States facilities.

(b) Availability of funds appropriated to agency

for repair, reconstruction, restoration, or

replacement of agency facilities.

(c) Steps for mitigation of hazards.

5172. Repair, restoration, and replacement of damaged

facilities.

(a) Contributions.

(b) Federal share.

(c) Large in-lieu contributions.

(d) Flood insurance.

(e) Eligible cost.

5173. Debris removal.

(a) Presidential authority.

(b) Authorization by State or local government;

indemnification agreement.

(c) Rules relating to large lots.

(d) Federal share.

5174. Federal assistance to individuals and households.

(a) In general.

(b) Housing assistance.

(c) Types of housing assistance.

(d) Terms and conditions relating to housing

assistance.

(e) Financial assistance to address other needs.

(f) State role.

(g) Cost sharing.

(h) Maximum amount of assistance.

(i) Rules and regulations.

5175, 5176. Repealed.

5177. Unemployment assistance.

(a) Benefit assistance.

(b) Reemployment assistance.

5177a. Emergency grants to assist low-income migrant and

seasonal farmworkers.

(a) In general.

(b) "Low-income migrant or seasonal farmworker"

defined.

(c) Authorization of appropriations.

5178. Repealed.

5179. Food coupons and distribution.

(a) Persons eligible; terms and conditions.

(b) Duration of assistance; factors considered.

(c) Food Stamp Act provisions unaffected.

5180. Food commodities.

(a) Emergency mass feeding.

(b) Funds for purchase of food commodities.

5181. Relocation assistance.

5182. Legal services.

5183. Crisis counseling assistance and training.

5184. Community disaster loans.

(a) In general.

(b) Amount.

(c) Repayment.

(d) Effect on other assistance.

5185. Emergency communications.

5186. Emergency public transportation.

5187. Fire management assistance.

(a) In general.

(b) Coordination with State and tribal departments

of forestry.

(c) Essential assistance.

(d) Rules and regulations.

5188. Timber sale contracts.

(a) Cost-sharing arrangement.

(b) Cancellation of authority.

(c) Public notice of sale.

(d) State grants for removal of damaged timber;

reimbursement of expenses limited to salvage

value of removed timber.

5189. Simplified procedure.

5189a. Appeals of assistance decisions.

(a) Right of appeal.

(b) Period for decision.

(c) Rules.

5189b. Date of eligibility; expenses incurred before date of

disaster.

SUBCHAPTER IV-A - EMERGENCY ASSISTANCE PROGRAMS

5191. Procedure for declaration.

(a) Request and declaration.

(b) Certain emergencies involving Federal primary

responsibility.

5192. Federal emergency assistance.

(a) Specified.

(b) General.

5193. Amount of assistance.

(a) Federal share.

(b) Limit on amount of assistance.

SUBCHAPTER IV-B - EMERGENCY PREPAREDNESS

5195. Declaration of policy.

5195a. Definitions.

(a) Definitions.

(b) Cross reference.

5195b. Administration of subchapter.

5195c. Critical infrastructures protection.

(a) Short title.

(b) Findings.

(c) Policy of the United States.

(d) Establishment of national competence for

critical infrastructure protection.

(e) Critical infrastructure defined.

(f) Authorization of appropriations.

PART A - POWERS AND DUTIES

5196. Detailed functions of administration.

(a) In general.

(b) Federal emergency response plans and programs.

(c) Delegation of emergency preparedness

responsibilities.

(d) Communications and warnings.

(e) Emergency preparedness measures.

(f) Training programs.

(g) Public dissemination of emergency preparedness

information.

(h) Interstate emergency preparedness compacts.

(i) Materials and facilities.

(j) Financial contributions.

(k) Sale or disposal of certain materials and

facilities.

5196a. Mutual aid pacts between States and neighboring

countries.

5196b. Contributions for personnel and administrative

expenses.

(a) General authority.

(b) Plan requirements.

(c) Terms and conditions.

(d) Application of other provisions.

(e) Allocation of funds.

(f) Submission of plan.

(g) Annual reports.

5196c. Requirement for State matching funds for construction

of emergency operating centers.

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

5196e. Radiological Emergency Preparedness Fund.

PART B - GENERAL PROVISIONS

5197. Administrative authority.

(a) In general.

(b) Advisory personnel.

(c) Services of other agency personnel and

volunteers.

(d) Gifts.

(e) Reimbursement.

(f) Printing.

(g) Rules and regulations.

(h) Failure to expend contributions correctly.

5197a. Security regulations.

(a) Establishment.

(b) Limitations on employee access to information.

(c) National security positions.

(d) Employee oaths.

5197b. Use of existing facilities.

5197c. Annual report to Congress.

5197d. Applicability of subchapter.

5197e. Authorization of appropriations and transfers of

funds.

(a) Authorization of appropriations.

(b) Transfer authority.

5197f. Relation to Atomic Energy Act of 1954.

5197g. Federal Bureau of Investigation.

5197h. Minority emergency preparedness demonstration program.

(a) In general.

(b) Activities supported.

(c) Eligible organizations.

(d) Use of funds.

(e) Application and review procedure.

(f) Authorization of appropriation.

SUBCHAPTER V - MISCELLANEOUS

5201. Rules and regulations.

5202. Repealed.

5203. Excess disaster assistance payments as budgetary

emergency requirements.

5204. Insular areas disaster survival and recovery;

definitions.

5204a. Authorization of appropriations for insular areas.

5204b. Technical assistance for insular areas.

5204c. Hazard mitigation for insular areas.

5205. Disaster grant closeout procedures.

(a) Statute of limitations.

(b) Rebuttal of presumption of record maintenance.

(c) Binding nature of grant requirements.

5206. Buy American.

(a) Compliance with Buy American Act.

(b) Debarment of persons convicted of fraudulent

use of "Made in America" labels.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1320b-5, 1382a, 1490q,

3030, 3149, 3796b, 4003, 4104c, 5154a, 5203, 5206, 5306, 8623,

9601, 12750 of this title; title 2 section 59-1; title 6 sections

317, 466; title 7 sections 1421, 1427, 1427a, 1942, 1961, 1964,

1981e, 2008h, 7285; title 10 section 2662; title 12 sections 1709,

1715l; title 15 section 636; title 16 sections 1536, 1723; title 23

section 125; title 26 sections 143, 165, 1033, 5064, 5708; title 33

section 701n; title 38 sections 1785, 3720, 8111A; title 43 section

1600e.

-End-

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42 USC SUBCHAPTER I - FINDINGS, DECLARATIONS, AND

DEFINITIONS 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER I - FINDINGS, DECLARATIONS, AND DEFINITIONS

-HEAD-

SUBCHAPTER I - FINDINGS, DECLARATIONS, AND DEFINITIONS

-End-

-CITE-

42 USC Sec. 5121 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER I - FINDINGS, DECLARATIONS, AND DEFINITIONS

-HEAD-

Sec. 5121. Congressional findings and declarations

-STATUTE-

(a) The Congress hereby finds and declares that -

(1) because disasters often cause loss of life, human

suffering, loss of income, and property loss and damage; and

(2) because disasters often disrupt the normal functioning of

governments and communities, and adversely affect individuals and

families with great severity;

special measures, designed to assist the efforts of the affected

States in expediting the rendering of aid, assistance, and

emergency services, and the reconstruction and rehabilitation of

devastated areas, are necessary.

(b) It is the intent of the Congress, by this chapter, to provide

an orderly and continuing means of assistance by the Federal

Government to State and local governments in carrying out their

responsibilities to alleviate the suffering and damage which result

from such disasters by -

(1) revising and broadening the scope of existing disaster

relief programs;

(2) encouraging the development of comprehensive disaster

preparedness and assistance plans, programs, capabilities, and

organizations by the States and by local governments;

(3) achieving greater coordination and responsiveness of

disaster preparedness and relief programs;

(4) encouraging individuals, States, and local governments to

protect themselves by obtaining insurance coverage to supplement

or replace governmental assistance;

(5) encouraging hazard mitigation measures to reduce losses

from disasters, including development of land use and

construction regulations; and

(6) providing Federal assistance programs for both public and

private losses sustained in disasters (!1)

-SOURCE-

(Pub. L. 93-288, title I, Sec. 101, May 22, 1974, 88 Stat. 143;

Pub. L. 100-707, title I, Sec. 103(a), Nov. 23, 1988, 102 Stat.

4689.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), 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 below and Tables.

-MISC1-

AMENDMENTS

1988 - Subsec. (b)(7). Pub. L. 100-707 struck out par. (7)

expressing Congressional intent to provide disaster assistance

through a long-range economic recovery program for major disaster

areas.

EFFECTIVE DATE

Section 605 of Pub. L. 93-288 provided that Pub. L. 93-288 was

effective Apr. 1, 1974, with the exception of section 5178 of this

title, prior to repeal by Pub. L. 100-707, title I, Sec. 108(b),

Nov. 23, 1988, 102 Stat. 4708.

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-390, Sec. 1(a), Oct. 30, 2000, 114 Stat. 1552,

provided that: "This Act [enacting sections 5133, 5134, 5165 to

5165c, 5205, and 5206 of this title, amending sections 3796b, 5122,

5154, 5170c, 5172, 5174, 5184, 5187, and 5192 of this title,

repealing sections 5176 and 5178 of this title, and enacting

provisions set out as notes under this section and sections 3796b,

5133, 5165b, 5172, 5174, and 5187 of this title] may be cited as

the 'Disaster Mitigation Act of 2000'."

SHORT TITLE OF 1993 AMENDMENT

Pub. L. 103-181, Sec. 1, Dec. 3, 1993, 107 Stat. 2054, provided

that: "This Act [amending section 5170c of this title and enacting

provisions set out as notes under sections 4601 and 5170c of this

title] may be cited as the 'Hazard Mitigation and Relocation

Assistance Act of 1993'."

SHORT TITLE OF 1988 AMENDMENT

Section 101(a) of title I of Pub. L. 100-707 provided that: "This

title [enacting sections 5141, 5153 to 5157, 5159 to 5164, 5170 to

5170c, 5172, 5174, 5178, 5189 to 5189b, and 5191 to 5193 of this

title, amending this section, sections 1382a, 3030, 3231, 3232,

3539, 4003, 4013, 5122, 5131, 5143, 5144, 5147 to 5152, 5158, 5171,

5173, 5176, 5177, 5179 to 5188, 5201, 7704, and 9601 of this title,

sections 1421, 1427, 1427a, 1961, 1964, and 2014 of Title 7,

Agriculture, sections 1706c, 1709, and 1715l of Title 12, Banks and

Banking, section 636 of Title 15, Commerce and Trade, sections 1536

and 3505 of Title 16, Conservation, sections 241-1 and 646 of Title

20, Education, section 125 of Title 23, Highways, sections 165,

5064, and 5708 of Title 26, Internal Revenue Code, section 701n of

Title 33, Navigation and Navigable Waters, and section 1820 [now

3720] of Title 38, Veterans' Benefits, repealing sections 5142,

5145, 5146, 5175, and 5202 of this title and former sections 5141,

5153 to 5157, 5172, 5174, 5178, and 5189 of this title, enacting

provisions set out as notes under this section and sections 3231,

5122, and 5201 of this title, amending provisions set out as a note

under this section and section 1681 of Title 48, Territories and

Insular Possessions, and repealing provisions set out as notes

under this section and former section 5178 of this title] may be

cited as 'The Disaster Relief and Emergency Assistance Amendments

of 1988'."

SHORT TITLE OF 1980 AMENDMENT

Pub. L. 96-568, Sec. 1, Dec. 23, 1980, 94 Stat. 3334, provided:

"That this Act [amending section 5202 of this title] may be cited

as the 'Disaster Relief Act Amendments of 1980'."

SHORT TITLE

Section 1 of Pub. L. 93-288, as amended by Pub. L. 100-707, title

I, Sec. 102(a), Nov. 23, 1988, 102 Stat. 4689; Pub. L. 106-390,

title III, Sec. 301, Oct. 30, 2000, 114 Stat. 1572, provided: "That

this Act [enacting this section, sections 3231 to 3236, 5122, 5131,

5132, 5141 to 5158, 5171 to 5189, 5201, and 5202 of this title, and

section 1264 of former Title 31, Money and Finance, amending

sections 1706c, 1709, 1715l of Title 12, Banks and Banking,

sections 241-1, 646, 758 of Title 20, Education, sections 165,

5064, 5708 of Title 26, Internal Revenue Code, section 1820 [now

3720] of Title 38, Veterans' Benefits, section 461 of former Title

40, Public Buildings, Property, and Works, repealing sections 4401,

4402, 4411 to 4413, 4414 to 4420, 4431 to 4436, 4457 to 4462, 4481

to 4485 of this title, enacting provisions set out as notes under

this section, sections 4401 and 5178 of this title, and section

1264 of former Title 31, and amending provisions set out as a note

under section 1681 of Title 48, Territories and Insular

Possessions] may be cited as the "Robert T. Stafford Disaster

Relief and Emergency Assistance Act'."

-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.

DELEGATION OF FUNCTIONS

Functions of the President under the Disaster Relief Acts of 1970

and 1974, with certain exceptions, were delegated to the Secretary

of Homeland Security, see sections 4-201 and 4-203 of Ex. Ord. No.

12148, July 20, 1979, 44 F.R. 43239, as amended, set out as a note

under section 5195 of this title.

-MISC2-

REFERENCES TO DISASTER RELIEF ACT OF 1974

Section 102(b) of title I of Pub. L. 100-707 provided that:

"Whenever any reference is made in any law (other than this Act

[see Tables for classification]), regulation, document, rule,

record, or other paper of the United States to a section or

provision of the Disaster Relief Act of 1974 [former short title of

Pub. L. 93-288], such reference shall be deemed to be a reference

to such section or provision of the Robert T. Stafford Disaster

Relief and Emergency Assistance Act [Pub. L. 93-288, see Short

Title note above]."

REFERENCES TO DISASTER RELIEF ACT OF 1970

Section 702(m), formerly section 602(m), of Pub. L. 93-288, as

renumbered by Pub. L. 103-337, div. C, title XXXIV, Sec.

3411(a)(1), (2), Oct. 5, 1994, 108 Stat. 3100, provided that:

"Whenever reference is made in any provision of law (other than

this Act [see Short Title note set out above]), regulation, rule,

record, or documents of the United States to provisions of the

Disaster Relief Act of 1970 (84 Stat. 1744), repealed by this Act

such reference shall be deemed to be a reference to the appropriate

provision of this Act."

REPORT ON STATE MANAGEMENT OF SMALL DISASTERS INITIATIVE

Pub. L. 106-390, title II, Sec. 208, Oct. 30, 2000, 114 Stat.

1571, provided that: "Not later than 3 years after the date of the

enactment of this Act [Oct. 30, 2000], the President shall submit

to Congress a report describing the results of the State Management

of Small Disasters Initiative, including -

"(1) identification of any administrative or financial benefits

of the initiative; and

"(2) recommendations concerning the conditions, if any, under

which States should be allowed the option to administer parts of

the assistance program under section 406 of the Robert T.

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

5172)."

STUDY REGARDING COST REDUCTION

Pub. L. 106-390, title II, Sec. 209, Oct. 30, 2000, 114 Stat.

1571, provided that: "Not later than 3 years after the date of the

enactment of this Act [Oct. 30, 2000], the Director of the

Congressional Budget Office shall complete a study estimating the

reduction in Federal disaster assistance that has resulted and is

likely to result from the enactment of this Act [see Short Title of

2000 Amendment note above]."

STUDY OF PARTICIPATION BY INDIAN TRIBES IN EMERGENCY MANAGEMENT

Pub. L. 106-390, title III, Sec. 308, Oct. 30, 2000, 114 Stat.

1575, provided that:

"(a) Definition of Indian Tribe. - In this section, the term

'Indian tribe' has the meaning given the term in section 4 of the

Indian Self-Determination and Education Assistance Act (25 U.S.C.

450b).

"(b) Study. -

"(1) In general. - The Director of the Federal Emergency

Management Agency shall conduct a study of participation by

Indian tribes in emergency management.

"(2) Required elements. - The study shall -

"(A) survey participation by Indian tribes in training,

predisaster and postdisaster mitigation, disaster preparedness,

and disaster recovery programs at the Federal and State levels;

and

"(B) review and assess the capacity of Indian tribes to

participate in cost-shared emergency management programs and to

participate in the management of the programs.

"(3) Consultation. - In conducting the study, the Director

shall consult with Indian tribes.

"(c) Report. - Not later than 1 year after the date of the

enactment of this Act [Oct. 30, 2000], the Director shall submit a

report on the study under subsection (b) to -

"(1) the Committee on Environment and Public Works of the

Senate;

"(2) the Committee on Transportation and Infrastructure of the

House of Representatives;

"(3) the Committee on Appropriations of the Senate; and

"(4) the Committee on Appropriations of the House of

Representatives."

NATIONAL DROUGHT POLICY

Pub. L. 105-199, July 16, 1998, 112 Stat. 641, as amended by Pub.

L. 106-78, title VII, Sec. 753, Oct. 22, 1999, 113 Stat. 1170,

provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'National Drought Policy Act of

1998'.

"SEC. 2. FINDINGS.

"Congress finds that -

"(1) the United States often suffers serious economic and

environmental losses from severe regional droughts and there is

no coordinated Federal strategy to respond to such emergencies;

"(2) at the Federal level, even though historically there have

been frequent, significant droughts of national consequences,

drought is addressed mainly through special legislation and ad

hoc action rather than through a systematic and permanent process

as occurs with other natural disasters;

"(3) there is an increasing need, particularly at the Federal

level, to emphasize preparedness, mitigation, and risk management

(rather than simply crisis management) when addressing drought

and other natural disasters or emergencies;

"(4) several Federal agencies have a role in drought from

predicting, forecasting, and monitoring of drought conditions to

the provision of planning, technical, and financial assistance;

"(5) there is no single Federal agency in a lead or

coordinating role with regard to drought;

"(6) State, local, and tribal governments have had to deal

individually and separately with each Federal agency involved in

drought assistance; and

"(7) the President should appoint an advisory commission to

provide advice and recommendations on the creation of an

integrated, coordinated Federal policy designed to prepare for,

mitigate the impacts of, respond to, and recover from serious

drought emergencies.

"SEC. 3. ESTABLISHMENT OF COMMISSION.

"(a) Establishment. - There is established a commission to be

known as the National Drought Policy Commission (hereafter in this

Act referred to as the 'Commission').

"(b) Membership. -

"(1) Composition. - The Commission shall be composed of 16

members. The members of the Commission shall include -

"(A) the Secretary of Agriculture, or the designee of the

Secretary, who shall chair the Commission;

"(B) the Secretary of the Interior, or the designee of the

Secretary;

"(C) the Secretary of the Army, or the designee of the

Secretary;

"(D) the Secretary of Commerce, or the designee of the

Secretary;

"(E) the Director of the Federal Emergency Management Agency,

or the designee of the Director;

"(F) the Administrator of the Small Business Administration,

or the designee of the Administrator;

"(G) two governors, who may be represented on the Commission

by their respective designees, nominated by the National

Governors' Association and appointed by the President, of whom

-

"(i) one shall be the governor of a State east of the

Mississippi River; and

"(ii) one shall be a governor of a State west of the

Mississippi River;

"(H) a person nominated by the National Association of

Counties and appointed by the President;

"(I) a person nominated by the United States Conference of

Mayors and appointed by the President; and

"(J) six persons, appointed by the Secretary of Agriculture

in coordination with the Secretary of the Interior and the

Secretary of the Army, who shall be representative of groups

acutely affected by drought emergencies, such as the

agricultural production community, the credit community, rural

and urban water associations, Native Americans, and fishing and

environmental interests.

"(2) Date. - The appointments of the members of the Commission

shall be made no later than 60 days after the date of the

enactment of this Act [July 16, 1998].

"(c) Period of Appointment; Vacancies. - Members shall be

appointed for the life of the Commission. Any vacancy in the

Commission shall not affect its powers, but shall be filled in the

same manner as the original appointment.

"(d) Initial Meeting. - No later than 30 days after the date on

which all members of the Commission have been appointed, the

Commission shall hold its first meeting.

"(e) Meetings. - The Commission shall meet at the call of the

chair.

"(f) Quorum. - A majority of the members of the Commission shall

constitute a quorum, but a lesser number of members may hold

hearings.

"(g) Vice Chair. - The Commission shall select a vice chair from

among the members who are not Federal officers or employees.

"SEC. 4. DUTIES OF THE COMMISSION.

"(a) Study and Report. - The Commission shall conduct a thorough

study and submit a report on national drought policy in accordance

with this section.

"(b) Content of Study and Report. - In conducting the study and

report, the Commission shall -

"(1) determine, in consultation with the National Drought

Mitigation Center in Lincoln, Nebraska, and other appropriate

entities, what needs exist on the Federal, State, local, and

tribal levels to prepare for and respond to drought emergencies;

"(2) review all existing Federal laws and programs relating to

drought;

"(3) review State, local, and tribal laws and programs relating

to drought that the Commission finds pertinent;

"(4) determine what differences exist between the needs of

those affected by drought and the Federal laws and programs

designed to mitigate the impacts of and respond to drought;

"(5) collaborate with the Western Drought Coordination Council

and other appropriate entities in order to consider regional

drought initiatives and the application of such initiatives at

the national level;

"(6) make recommendations on how Federal drought laws and

programs can be better integrated with ongoing State, local, and

tribal programs into a comprehensive national policy to mitigate

the impacts of and respond to drought emergencies without

diminishing the rights of States to control water through State

law and considering the need for protection of the environment;

"(7) make recommendations on improving public awareness of the

need for drought mitigation, and prevention; and response on

developing a coordinated approach to drought mitigation,

prevention, and response by governmental and nongovernmental

entities, including academic, private, and nonprofit interests;

and

"(8) include a recommendation on whether all Federal drought

preparation and response programs should be consolidated under

one existing Federal agency and, if so, identify such agency.

"(c) Submission of Report. -

"(1) In general. - No later than 18 months after the date of

the enactment of this Act [July 16, 1998], the Commission shall

submit a report to the President and Congress which shall contain

a detailed statement of the findings and conclusions of the

Commission, together with its recommendations for such

legislation and administrative actions as it considers

appropriate.

"(2) Approval of report. - Before submission of the report, the

contents of the report shall be approved by unanimous consent or

majority vote. If the report is approved by majority vote,

members voting not to approve the contents shall be given the

opportunity to submit dissenting views with the report.

"SEC. 5. POWERS OF THE COMMISSION.

"(a) Hearings. - The Commission may hold such hearings, sit and

act at such times and places, take such testimony, and receive such

evidence as the Commission considers necessary to carry out the

purposes of this Act.

"(b) Information From Federal Agencies. - The Commission may

secure directly from any Federal department or agency such

information as the Commission considers necessary to carry out the

provisions of this Act. Upon request of the chair of the

Commission, the head of such department or agency shall furnish

such information to the Commission.

"(c) Postal Services. - The Commission may use the United States

mails in the same manner and under the same conditions as other

departments and agencies of the Federal Government.

"(d) Gifts. - The Commission may accept, use, and dispose of

gifts or donations of services or property.

"SEC. 6. COMMISSION PERSONNEL MATTERS.

"(a) Compensation of Members. - Each member of the Commission who

is not an officer or employee of the Federal Government shall not

be compensated for service on the Commission, except as provided

under subsection (b). All members of the Commission who are

officers or employees of the United States shall serve without

compensation in addition to that received for their services as

officers or employees of the United States.

"(b) Travel Expenses. - The members of the Commission shall be

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

at rates authorized for employees of agencies under subchapter I of

chapter 57 of title 5, United States Code, while away from their

homes or regular places of business in the performance of services

for the Commission.

"(c) Detail of Government Employees. - Any Federal Government

employee may be detailed to the Commission without reimbursement,

and such detail shall be without interruption or loss of civil

service status or privilege.

"(d) Administrative Support. - The Secretary of Agriculture shall

provide all financial, administrative, and staff support services

for the Commission.

"SEC. 7. TERMINATION OF THE COMMISSION.

"The Commission shall terminate 90 days after the date on which

the Commission submits its report under section 4."

RECOMMENDATIONS CONCERNING IMPROVEMENT OF RELATIONSHIPS AMONG

DISASTER MANAGEMENT OFFICIALS

Section 110 of Pub. L. 100-707 provided that: "Not later than 1

year after the date of the enactment of this Act [Nov. 23, 1988],

the President shall recommend to the Congress proposals to improve

the operational and fiscal relationships that exist among Federal,

State, and local major disaster and emergency management officials.

Such proposals should include provisions which -

"(1) decrease the amount of time for processing requests for

major disaster and emergency declarations and providing Federal

assistance for major disasters and emergencies;

"(2) provide for more effective utilization of State and local

resources in major disaster and emergency relief efforts; and

"(3) improve the timeliness of reimbursement of State and local

governments after the submission of necessary documentation."

[Functions of President under section 110 of Pub. L. 100-707

delegated to Director of Federal Emergency Management Agency by

section 4 of Ex. Ord. No. 12673, Mar. 23, 1989, 54 F.R. 12571, set

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

DECLARED DISASTERS AND EMERGENCIES NOT AFFECTED

Section 112 of title I of Pub. L. 100-707 provided that: "This

title [see Short Title of 1988 Amendment note above] shall not

affect the administration of any assistance for a major disaster or

emergency declared by the President before the date of the

enactment of this Act [Nov. 23, 1988]."

-EXEC-

EXECUTIVE ORDER NO. 11749

Ex. Ord. No. 11749, Dec. 10, 1973, 38 F.R. 34177, which related

to consolidation of functions assigned to Secretary of Housing and

Urban Development, was revoked by Ex. Ord. No. 12148, July 20,

1979, 44 F.R. 43239, set out as a note under section 5195 of this

title.

EX. ORD. NO. 11795. DELEGATION OF PRESIDENTIAL FUNCTIONS

Ex. Ord. No. 11795, July 11, 1974, 39 F.R. 25939, as amended by

Ex. Ord. No. 11910, Apr. 13, 1976, 41 F.R. 15681; Ex. Ord. No.

12148, July 20, 1979, 44 F.R. 43239; Ex. Ord. No. 12673, Mar. 23,

1989, 54 F.R. 12571, provided:

By virtue of the authority vested in me by the Disaster Relief

Act of 1974 (Public Law 93-288; 88 Stat. 143) [see References to

Disaster Relief Act of 1974 note above], section 301 of title 3 of

the United States Code, and as President of the United States of

America, it is hereby ordered as follows:

[Sections 1 and 2. Revoked by Ex. Ord. No. 12148, Sec. 5-111,

July 20, 1979, 44 F.R. 43239.]

Sec. 3. The Secretary of Agriculture is designated and empowered

to exercise, without the approval, ratification, or other action of

the President, all of the authority vested in the President by

section 412 of the act [section 5179 of this title] concerning food

coupons and distribution.

[Sec. 4. Revoked by Ex. Ord. No. 12148, Sec. 5-111, July 20,

1979, 44 F.R. 43239.]

SEISMIC SAFETY OF FEDERAL AND FEDERALLY ASSISTED OR REGULATED NEW

BUILDING CONSTRUCTION

For provisions relating to seismic safety requirements for new

construction or total replacement of a building under this chapter

after a presidentially declared major disaster or emergency, see

Ex. Ord. No. 12699, Jan. 5, 1990, 55 F.R. 835, set out as a note

under section 7704 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a period.

-End-

-CITE-

42 USC Sec. 5122 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER I - FINDINGS, DECLARATIONS, AND DEFINITIONS

-HEAD-

Sec. 5122. Definitions

-STATUTE-

As used in this chapter -

(1) Emergency. - "Emergency" means any occasion or instance for

which, in the determination of the President, Federal assistance is

needed to supplement State and local efforts and capabilities to

save lives and to protect property and public health and safety, or

to lessen or avert the threat of a catastrophe in any part of the

United States.

(2) Major disaster. - "Major disaster" means any natural

catastrophe (including any hurricane, tornado, storm, high water,

winddriven water, tidal wave, tsunami, earthquake, volcanic

eruption, landslide, mudslide, snowstorm, or drought), or,

regardless of cause, any fire, flood, or explosion, in any part of

the United States, which in the determination of the President

causes damage of sufficient severity and magnitude to warrant major

disaster assistance under this chapter to supplement the efforts

and available resources of States, local governments, and disaster

relief organizations in alleviating the damage, loss, hardship, or

suffering caused thereby.

(3) "United States" means the fifty States, the District of

Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa,

and the Commonwealth of the Northern Mariana Islands.

(4) "State" means any State of the United States, the District of

Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa,

and the Commonwealth of the Northern Mariana Islands.

(5) "Governor" means the chief executive of any State.

(6) Local government. - The term "local government" means -

(A) a county, municipality, city, town, township, local public

authority, school district, special district, intrastate

district, council of governments (regardless of whether the

council of governments is incorporated as a nonprofit corporation

under State law), regional or interstate government entity, or

agency or instrumentality of a local government;

(B) an Indian tribe or authorized tribal organization, or

Alaska Native village or organization; and

(C) a rural community, unincorporated town or village, or other

public entity, for which an application for assistance is made by

a State or political subdivision of a State.

(7) "Federal agency" means any department, independent

establishment, Government corporation, or other agency of the

executive branch of the Federal Government, including the United

States Postal Service, but shall not include the American National

Red Cross.

(8) Public facility. - "Public facility" means the following

facilities owned by a State or local government:

(A) Any flood control, navigation, irrigation, reclamation,

public power, sewage treatment and collection, water supply and

distribution, watershed development, or airport facility.

(B) Any non-Federal-aid street, road, or highway.

(C) Any other public building, structure, or system, including

those used for educational, recreational, or cultural purposes.

(D) Any park.

(9) Private nonprofit facility. - "Private nonprofit facility"

means private nonprofit educational, utility, irrigation,

emergency, medical, rehabilitational, and temporary or permanent

custodial care facilities (including those for the aged and

disabled), other private nonprofit facilities which provide

essential services of a governmental nature to the general public,

and facilities on Indian reservations as defined by the President.

-SOURCE-

(Pub. L. 93-288, title I, Sec. 102, May 22, 1974, 88 Stat. 144;

Pub. L. 100-707, title I, Sec. 103(b)-(d), (f), Nov. 23, 1988, 102

Stat. 4689, 4690; Pub. L. 102-247, title II, Sec. 205, Feb. 24,

1992, 106 Stat. 38; Pub. L. 106-390, title III, Sec. 302, Oct. 30,

2000, 114 Stat. 1572.)

-MISC1-

AMENDMENTS

2000 - Par. (3). Pub. L. 106-390, Sec. 302(1), substituted "and

the Commonwealth of the Northern Mariana Islands" for "the Northern

Mariana Islands, and the Trust Territory of the Pacific Islands".

Par. (4). Pub. L. 106-390, Sec. 302(1), substituted "and the

Commonwealth of the Northern Mariana Islands" for "the Northern

Mariana Islands, or the Trust Territory of the Pacific Islands".

Par. (6). Pub. L. 106-390, Sec. 302(2), added par. (6) and struck

out former par. (6) which read as follows: " 'Local government'

means (A) any county, city, village, town, district, or other

political subdivision of any State, any Indian tribe or authorized

tribal organization, or Alaska Native village or organization, and

(B) includes any rural community or unincorporated town or village

or any other public entity for which an application for assistance

is made by a State or political subdivision thereof."

Par. (9). Pub. L. 106-390, Sec. 302(3), inserted "irrigation,"

after "utility,".

1992 - Pars. (3), (4). Pub. L. 102-247 inserted "the Northern

Mariana Islands," after "American Samoa,".

1988 - Par. (1). Pub. L. 100-707, Sec. 103(b), inserted heading

and amended text generally. Prior to amendment, text read as

follows: " 'Emergency' means any hurricane, tornado, storm, flood,

high water, wind-driven water, tidal wave, tsunami, earthquake,

volcanic eruption, landslide, mudslide, snowstorm, drought, fire,

explosion, or other catastrophe in any part of the United States

which requires Federal emergency assistance to supplement State and

local efforts to save lives and protect property, public health and

safety or to avert or lessen the threat of a disaster."

Par. (2). Pub. L. 100-707, Sec. 103(c), inserted heading and

amended text generally. Prior to amendment, text read as follows: "

'Major disaster' means any hurricane, tornado, storm, flood, high

water, wind-driven water, tidal wave, tsunami, earthquake, volcanic

eruption, landslide, mudslide, snowstorm, drought, fire, explosion,

or other catastrophe in any part of the United States which, in the

determination of the President, causes damage of sufficient

severity and magnitude to warrant major disaster assistance under

this chapter, above and beyond emergency services by the Federal

Government, to supplement the efforts and available resources of

States, local governments, and disaster relief organizations in

alleviating the damage, loss, hardship, or suffering caused

thereby."

Pars. (3), (4). Pub. L. 100-707, Sec. 103(d), struck out "the

Canal Zone," after "American Samoa,".

Pars. (8), (9). Pub. L. 100-707, Sec. 103(f), added pars. (8) and

(9).

-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.

-MISC2-

LOCAL GOVERNMENT

Section 103(e) of Pub. L. 100-707 provided that:

"(1) In general. - The term 'local government' is deemed to have

the same meaning in the Disaster Relief and Emergency Assistance

Act [Pub. L. 93-288, see Short Title note set out under section

5121 of this title], as amended by this Act [see Short Title of

1988 Amendment note set out under section 5121 of this title], as

that term had on October 1, 1988, under section 102(6) of the

Disaster Relief Act of 1974 [par. (6) of this section] and

regulations implementing the Disaster Relief Act of 1974.

"(2) Termination of effectiveness. - Paragraph (1) shall not be

effective on and after the 90th day after the President transmits

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 a report which includes an interpretation of

the term 'local government' for purposes of the Disaster Relief and

Emergency Assistance Act, as amended by this Act."

[Functions of President under section 103(e)(2) of Pub. L.

100-707 delegated to Director of Federal Emergency Management

Agency by section 3 of Ex. Ord. No. 12673, Mar. 23, 1989, 54 F.R.

12571, set out as a note under section 5195 of this title.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4625 of this title; title

6 section 101; title 12 section 1706c; title 19 section 1313; title

29 section 2918.

-End-

-CITE-

42 USC SUBCHAPTER II - DISASTER PREPAREDNESS AND

MITIGATION ASSISTANCE 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER II - DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE

-HEAD-

SUBCHAPTER II - DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE

-End-

-CITE-

42 USC Sec. 5131 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER II - DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE

-HEAD-

Sec. 5131. Federal and State disaster preparedness programs

-STATUTE-

(a) Utilization of services of other agencies

The President is authorized to establish a program of disaster

preparedness that utilizes services of all appropriate agencies and

includes -

(1) preparation of disaster preparedness plans for mitigation,

warning, emergency operations, rehabilitation, and recovery;

(2) training and exercises;

(3) postdisaster critiques and evaluations;

(4) annual review of programs;

(5) coordination of Federal, State, and local preparedness

programs;

(6) application of science and technology;

(7) research.

(b) Technical assistance for the development of plans and programs

The President shall provide technical assistance to the States in

developing comprehensive plans and practicable programs for

preparation against disasters, including hazard reduction,

avoidance, and mitigation; for assistance to individuals,

businesses, and State and local governments following such

disasters; and for recovery of damaged or destroyed public and

private facilities.

(c) Grants to States for development of plans and programs

Upon application by a State, the President is authorized to make

grants, not to exceed in the aggregate to such State $250,000, for

the development of plans, programs, and capabilities for disaster

preparedness and prevention. Such grants shall be applied for

within one year from May 22, 1974. Any State desiring financial

assistance under this section shall designate or create an agency

to plan and administer such a disaster preparedness program, and

shall, through such agency, submit a State plan to the President,

which shall -

(1) set forth a comprehensive and detailed State program for

preparation against and assistance following, emergencies and

major disasters, including provisions for assistance to

individuals, businesses, and local governments; and

(2) include provisions for appointment and training of

appropriate staffs, formulation of necessary regulations and

procedures and conduct of required exercises.

(d) Grants for improvement, maintenance, and updating of State

plans

The President is authorized to make grants not to exceed 50 per

centum of the cost of improving, maintaining and updating State

disaster assistance plans, including evaluations of natural hazards

and development of the programs and actions required to mitigate

such hazards; except that no such grant shall exceed $50,000 per

annum to any State.

-SOURCE-

(Pub. L. 93-288, title II, Sec. 201, May 22, 1974, 88 Stat. 145;

Pub. L. 100-707, title I, Sec. 104, Nov. 23, 1988, 102 Stat. 4690.)

-MISC1-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-707, Sec. 104(b)(1), struck out

"(including the Defense Civil Preparedness Agency)" after

"agencies".

Subsec. (d). Pub. L. 100-707, Sec. 104(a), (b)(2), inserted

"including evaluations of natural hazards and development of the

programs and actions required to mitigate such hazards;" after

"plans," and substituted "$50,000" for "$25,000".

-End-

-CITE-

42 USC Sec. 5132 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER II - DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE

-HEAD-

Sec. 5132. Disaster warnings

-STATUTE-

(a) Readiness of Federal agencies to issue warnings to State and

local officials

The President shall insure that all appropriate Federal agencies

are prepared to issue warnings of disasters to State and local

officials.

(b) Technical assistance to State and local governments for

effective warnings

The President shall direct appropriate Federal agencies to

provide technical assistance to State and local governments to

insure that timely and effective disaster warning is provided.

(c) Warnings to governmental authorities and public endangered by

disaster

The President is authorized to utilize or to make available to

Federal, State, and local agencies the facilities of the civil

defense communications system established and maintained pursuant

to section 5196(c) of this title or any other Federal

communications system for the purpose of providing warning to

governmental authorities and the civilian population in areas

endangered by disasters.

(d) Agreements with commercial communications systems for use of

facilities

The President is authorized to enter into agreements with the

officers or agents of any private or commercial communications

systems who volunteer the use of their systems on a reimbursable or

nonreimbursable basis for the purpose of providing warning to

governmental authorities and the civilian population endangered by

disasters.

-SOURCE-

(Pub. L. 93-288, title II, Sec. 202, May 22, 1974, 88 Stat. 145;

Pub. L. 103-337, div. C, title XXXIV, Sec. 3412(b)(1), Oct. 5,

1994, 108 Stat. 3111.)

-MISC1-

AMENDMENTS

1994 - Subsec. (c). Pub. L. 103-337 substituted "section 5196(c)

of this title" for "section 2281(c) of title 50, Appendix,".

-End-

-CITE-

42 USC Sec. 5133 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER II - DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE

-HEAD-

Sec. 5133. Predisaster hazard mitigation

-STATUTE-

(a) Definition of small impoverished community

In this section, the term "small impoverished community" means a

community of 3,000 or fewer individuals that is economically

disadvantaged, as determined by the State in which the community is

located and based on criteria established by the President.

(b) Establishment of program

The President may establish a program to provide technical and

financial assistance to States and local governments to assist in

the implementation of predisaster hazard mitigation measures that

are cost-effective and are designed to reduce injuries, loss of

life, and damage and destruction of property, including damage to

critical services and facilities under the jurisdiction of the

States or local governments.

(c) Approval by President

If the President determines that a State or local government has

identified natural disaster hazards in areas under its jurisdiction

and has demonstrated the ability to form effective public-private

natural disaster hazard mitigation partnerships, the President,

using amounts in the National Predisaster Mitigation Fund

established under subsection (i) of this section (referred to in

this section as the "Fund"), may provide technical and financial

assistance to the State or local government to be used in

accordance with subsection (e) of this section.

(d) State recommendations

(1) In general

(A) Recommendations

The Governor of each State may recommend to the President not

fewer than five local governments to receive assistance under

this section.

(B) Deadline for submission

The recommendations under subparagraph (A) shall be submitted

to the President not later than October 1, 2001, and each

October 1st thereafter or such later date in the year as the

President may establish.

(C) Criteria

In making recommendations under subparagraph (A), a Governor

shall consider the criteria specified in subsection (g) of this

section.

(2) Use

(A) In general

Except as provided in subparagraph (B), in providing

assistance to local governments under this section, the

President shall select from local governments recommended by

the Governors under this subsection.

(B) Extraordinary circumstances

In providing assistance to local governments under this

section, the President may select a local government that has

not been recommended by a Governor under this subsection if the

President determines that extraordinary circumstances justify

the selection and that making the selection will further the

purpose of this section.

(3) Effect of failure to nominate

If a Governor of a State fails to submit recommendations under

this subsection in a timely manner, the President may select,

subject to the criteria specified in subsection (g) of this

section, any local governments of the State to receive assistance

under this section.

(e) Uses of technical and financial assistance

(1) In general

Technical and financial assistance provided under this section

-

(A) shall be used by States and local governments principally

to implement predisaster hazard mitigation measures that are

cost-effective and are described in proposals approved by the

President under this section; and

(B) may be used -

(i) to support effective public-private natural disaster

hazard mitigation partnerships;

(ii) to improve the assessment of a community's

vulnerability to natural hazards; or

(iii) to establish hazard mitigation priorities, and an

appropriate hazard mitigation plan, for a community.

(2) Dissemination

A State or local government may use not more than 10 percent of

the financial assistance received by the State or local

government under this section for a fiscal year to fund

activities to disseminate information regarding cost-effective

mitigation technologies.

(f) Allocation of funds

The amount of financial assistance made available to a State

(including amounts made available to local governments of the

State) under this section for a fiscal year -

(1) shall be not less than the lesser of -

(A) $500,000; or

(B) the amount that is equal to 1.0 percent of the total

funds appropriated to carry out this section for the fiscal

year;

(2) shall not exceed 15 percent of the total funds described in

paragraph (1)(B); and

(3) shall be subject to the criteria specified in subsection

(g) of this section.

(g) Criteria for assistance awards

In determining whether to provide technical and financial

assistance to a State or local government under this section, the

President shall take into account -

(1) the extent and nature of the hazards to be mitigated;

(2) the degree of commitment of the State or local government

to reduce damages from future natural disasters;

(3) the degree of commitment by the State or local government

to support ongoing non-Federal support for the hazard mitigation

measures to be carried out using the technical and financial

assistance;

(4) the extent to which the hazard mitigation measures to be

carried out using the technical and financial assistance

contribute to the mitigation goals and priorities established by

the State;

(5) the extent to which the technical and financial assistance

is consistent with other assistance provided under this chapter;

(6) the extent to which prioritized, cost-effective mitigation

activities that produce meaningful and definable outcomes are

clearly identified;

(7) if the State or local government has submitted a mitigation

plan under section 5165 of this title, the extent to which the

activities identified under paragraph (6) are consistent with the

mitigation plan;

(8) the opportunity to fund activities that maximize net

benefits to society;

(9) the extent to which assistance will fund mitigation

activities in small impoverished communities; and

(10) such other criteria as the President establishes in

consultation with State and local governments.

(h) Federal share

(1) In general

Financial assistance provided under this section may contribute

up to 75 percent of the total cost of mitigation activities

approved by the President.

(2) Small impoverished communities

Notwithstanding paragraph (1), the President may contribute up

to 90 percent of the total cost of a mitigation activity carried

out in a small impoverished community.

(i) National Predisaster Mitigation Fund

(1) Establishment

The President may establish in the Treasury of the United

States a fund to be known as the "National Predisaster Mitigation

Fund", to be used in carrying out this section.

(2) Transfers to Fund

There shall be deposited in the Fund -

(A) amounts appropriated to carry out this section, which

shall remain available until expended; and

(B) sums available from gifts, bequests, or donations of

services or property received by the President for the purpose

of predisaster hazard mitigation.

(3) Expenditures from Fund

Upon request by the President, the Secretary of the Treasury

shall transfer from the Fund to the President such amounts as the

President determines are necessary to provide technical and

financial assistance under this section.

(4) Investment of amounts

(A) In general

The Secretary of the Treasury shall invest such portion of

the Fund as is not, in the judgment of the Secretary of the

Treasury, required to meet current withdrawals. Investments may

be made only in interest-bearing obligations of the United

States.

(B) Acquisition of obligations

For the purpose of investments under subparagraph (A),

obligations may be acquired -

(i) on original issue at the issue price; or

(ii) by purchase of outstanding obligations at the market

price.

(C) Sale of obligations

Any obligation acquired by the Fund may be sold by the

Secretary of the Treasury at the market price.

(D) Credits to Fund

The interest on, and the proceeds from the sale or redemption

of, any obligations held in the Fund shall be credited to and

form a part of the Fund.

(E) Transfers of amounts

(i) In general

The amounts required to be transferred to the Fund under

this subsection shall be transferred at least monthly from

the general fund of the Treasury to the Fund on the basis of

estimates made by the Secretary of the Treasury.

(ii) Adjustments

Proper adjustment shall be made in amounts subsequently

transferred to the extent prior estimates were in excess of

or less than the amounts required to be transferred.

(j) Limitation on total amount of financial assistance

The President shall not provide financial assistance under this

section in an amount greater than the amount available in the Fund.

(k) Multihazard advisory maps

(1) Definition of multihazard advisory map

In this subsection, the term "multihazard advisory map" means a

map on which hazard data concerning each type of natural disaster

is identified simultaneously for the purpose of showing areas of

hazard overlap.

(2) Development of maps

In consultation with States, local governments, and appropriate

Federal agencies, the President shall develop multihazard

advisory maps for areas, in not fewer than five States, that are

subject to commonly recurring natural hazards (including

flooding, hurricanes and severe winds, and seismic events).

(3) Use of technology

In developing multihazard advisory maps under this subsection,

the President shall use, to the maximum extent practicable, the

most cost-effective and efficient technology available.

(4) Use of maps

(A) Advisory nature

The multihazard advisory maps shall be considered to be

advisory and shall not require the development of any new

policy by, or impose any new policy on, any government or

private entity.

(B) Availability of maps

The multihazard advisory maps shall be made available to the

appropriate State and local governments for the purposes of -

(i) informing the general public about the risks of natural

hazards in the areas described in paragraph (2);

(ii) supporting the activities described in subsection (e)

of this section; and

(iii) other public uses.

(l) Report on Federal and State administration

Not later than 18 months after October 30, 2000, the President,

in consultation with State and local governments, shall submit to

Congress a report evaluating efforts to implement this section and

recommending a process for transferring greater authority and

responsibility for administering the assistance program established

under this section to capable States.

(m) Termination of authority

The authority provided by this section terminates December 31,

2003.

-SOURCE-

(Pub. L. 93-288, title II, Sec. 203, as added Pub. L. 106-390,

title I, Sec. 102(a), Oct. 30, 2000, 114 Stat. 1553.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (g)(5), 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-

FINDINGS AND PURPOSE

Pub. L. 106-390, title I, Sec. 101, Oct. 30, 2000, 114 Stat.

1552, provided that:

"(a) Findings. - Congress finds that -

"(1) natural disasters, including earthquakes, tsunamis,

tornadoes, hurricanes, flooding, and wildfires, pose great danger

to human life and to property throughout the United States;

"(2) greater emphasis needs to be placed on -

"(A) identifying and assessing the risks to States and local

governments (including Indian tribes) from natural disasters;

"(B) implementing adequate measures to reduce losses from

natural disasters; and

"(C) ensuring that the critical services and facilities of

communities will continue to function after a natural disaster;

"(3) expenditures for postdisaster assistance are increasing

without commensurate reductions in the likelihood of future

losses from natural disasters;

"(4) in the expenditure of Federal funds under the Robert T.

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

5121 et seq.), high priority should be given to mitigation of

hazards at the local level; and

"(5) with a unified effort of economic incentives, awareness

and education, technical assistance, and demonstrated Federal

support, States and local governments (including Indian tribes)

will be able to -

"(A) form effective community-based partnerships for hazard

mitigation purposes;

"(B) implement effective hazard mitigation measures that

reduce the potential damage from natural disasters;

"(C) ensure continued functionality of critical services;

"(D) leverage additional non-Federal resources in meeting

natural disaster resistance goals; and

"(E) make commitments to long-term hazard mitigation efforts

to be applied to new and existing structures.

"(b) Purpose. - The purpose of this title [enacting this section

and sections 5134, 5165 and 5165a of this title, amending section

5170c of this title, and repealing section 5176 of this title] is

to establish a national disaster hazard mitigation program -

"(1) to reduce the loss of life and property, human suffering,

economic disruption, and disaster assistance costs resulting from

natural disasters; and

"(2) to provide a source of predisaster hazard mitigation

funding that will assist States and local governments (including

Indian tribes) in implementing effective hazard mitigation

measures that are designed to ensure the continued functionality

of critical services and facilities after a natural disaster."

-End-

-CITE-

42 USC Sec. 5134 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER II - DISASTER PREPAREDNESS AND MITIGATION ASSISTANCE

-HEAD-

Sec. 5134. Interagency task force

-STATUTE-

(a) In general

The President shall establish a Federal interagency task force

for the purpose of coordinating the implementation of predisaster

hazard mitigation programs administered by the Federal Government.

(b) Chairperson

The Director of the Federal Emergency Management Agency shall

serve as the chairperson of the task force.

(c) Membership

The membership of the task force shall include representatives of

-

(1) relevant Federal agencies;

(2) State and local government organizations (including Indian

tribes); and

(3) the American Red Cross.

-SOURCE-

(Pub. L. 93-288, title II, Sec. 204, as added Pub. L. 106-390,

title I, Sec. 103, Oct. 30, 2000, 114 Stat. 1557.)

-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 SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY

ASSISTANCE ADMINISTRATION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE

ADMINISTRATION

-HEAD-

SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE

ADMINISTRATION

-End-

-CITE-

42 USC Sec. 5141 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE

ADMINISTRATION

-HEAD-

Sec. 5141. Waiver of administrative conditions

-STATUTE-

Any Federal agency charged with the administration of a Federal

assistance program may, if so requested by the applicant State or

local authorities, modify or waive, for a major disaster, such

administrative conditions for assistance as would otherwise prevent

the giving of assistance under such programs if the inability to

meet such conditions is a result of the major disaster.

-SOURCE-

(Pub. L. 93-288, title III, Sec. 301, as added Pub. L. 100-707,

title I, Sec. 105(a)(2), Nov. 23, 1988, 102 Stat. 4691.)

-MISC1-

PRIOR PROVISIONS

A prior section 5141, Pub. L. 93-288, title III, Sec. 301, May

22, 1974, 88 Stat. 146, set out procedure for determination of

existence of emergency or major disaster, prior to repeal by Pub.

L. 100-707, Sec. 105(a)(2).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5154 of this title.

-End-

-CITE-

42 USC Sec. 5142 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE

ADMINISTRATION

-HEAD-

Sec. 5142. Repealed. Pub. L. 100-707, title I, Sec. 105(a)(2), Nov.

23, 1988, 102 Stat. 4691

-MISC1-

Section, Pub. L. 93-288, title III, Sec. 302, May 22, 1974, 88

Stat. 146, related to Federal assistance and its coordination with

State and local disaster assistance.

-End-

-CITE-

42 USC Sec. 5143 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE

ADMINISTRATION

-HEAD-

Sec. 5143. Coordinating officers

-STATUTE-

(a) Appointment of Federal coordinating officer

Immediately upon his declaration of a major disaster or

emergency, the President shall appoint a Federal coordinating

officer to operate in the affected area.

(b) Functions of Federal coordinating officer

In order to effectuate the purposes of this chapter, the Federal

coordinating officer, within the affected area, shall -

(1) make an initial appraisal of the types of relief most

urgently needed;

(2) establish such field offices as he deems necessary and as

are authorized by the President;

(3) coordinate the administration of relief, including

activities of the State and local governments, the American

National Red Cross, the Salvation Army, the Mennonite Disaster

Service, and other relief or disaster assistance organizations,

which agree to operate under his advice or direction, except that

nothing contained in this chapter shall limit or in any way

affect the responsibilities of the American National Red Cross

under chapter 3001 of title 36; and

(4) take such other action, consistent with authority delegated

to him by the President, and consistent with the provisions of

this chapter, as he may deem necessary to assist local citizens

and public officials in promptly obtaining assistance to which

they are entitled.

(c) State coordinating officer

When the President determines assistance under this chapter is

necessary, he shall request that the Governor of the affected State

designate a State coordinating officer for the purpose of

coordinating State and local disaster assistance efforts with those

of the Federal Government.

-SOURCE-

(Pub. L. 93-288, title III, Sec. 302, formerly Sec. 303, May 22,

1974, 88 Stat. 147; renumbered Sec. 302 and amended Pub. L.

100-707, title I, Sec. 105(b), Nov. 23, 1988, 102 Stat. 4691.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (b) and (c), 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.

-COD-

CODIFICATION

In subsec. (b)(3), "chapter 3001 of title 36" substituted for

"the Act of January 5, 1905, as amended (33 Stat. 599)" on

authority of Pub. L. 105-225, Sec. 5(b), Aug. 12, 1998, 112 Stat.

1499, the first section of which enacted Title 36, Patriotic and

National Observances, Ceremonies, and Organizations.

-MISC1-

PRIOR PROVISIONS

A prior section 302 of Pub. L. 93-288 was classified to section

5142 of this title prior to repeal by Pub. L. 100-707.

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-707 inserted "or emergency" after

"major disaster".

-End-

-CITE-

42 USC Sec. 5144 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE

ADMINISTRATION

-HEAD-

Sec. 5144. Emergency support teams

-STATUTE-

The President shall form emergency support teams of Federal

personnel to be deployed in an area affected by a major disaster or

emergency. Such emergency support teams shall assist the Federal

coordinating officer in carrying out his responsibilities pursuant

to this chapter. Upon request of the President, the head of any

Federal agency is directed to detail to temporary duty with the

emergency support teams on either a reimbursable or nonreimbursable

basis, as is determined necessary by the President, such personnel

within the administrative jurisdiction of the head of the Federal

agency as the President may need or believe to be useful for

carrying out the functions of the emergency support teams, each

such detail to be without loss of seniority, pay, or other employee

status.

-SOURCE-

(Pub. L. 93-288, title III, Sec. 303, formerly Sec. 304, May 22,

1974, 88 Stat. 148; renumbered Sec. 303, Pub. L. 100-707, title I,

Sec. 105(c), Nov. 23, 1988, 102 Stat. 4691.)

-MISC1-

PRIOR PROVISIONS

A prior section 303 of Pub. L. 93-288 was renumbered section 302

by Pub. L. 100-707 and is classified to section 5143 of this title.

-End-

-CITE-

42 USC Secs. 5145, 5146 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE

ADMINISTRATION

-HEAD-

Secs. 5145, 5146. Repealed. Pub. L. 100-707, title I, Sec. 105(d),

Nov. 23, 1988, 102 Stat. 4691

-MISC1-

Section 5145, Pub. L. 93-288, title III, Sec. 305, May 22, 1974,

88 Stat. 148, related to authority of President to provide

assistance in an emergency.

Section 5146, Pub. L. 93-288, title III, Sec. 306, May 22, 1974,

88 Stat. 148, related to cooperation of Federal agencies in

rendering disaster assistance.

-End-

-CITE-

42 USC Sec. 5147 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE

ADMINISTRATION

-HEAD-

Sec. 5147. Reimbursement of Federal agencies

-STATUTE-

Federal agencies may be reimbursed for expenditures under this

chapter from funds appropriated for the purposes of this chapter.

Any funds received by Federal agencies as reimbursement for

services or supplies furnished under the authority of this chapter

shall be deposited to the credit of the appropriation or

appropriations currently available for such services or supplies.

-SOURCE-

(Pub. L. 93-288, title III, Sec. 304, formerly Sec. 307, May 22,

1974, 88 Stat. 149; renumbered Sec. 304, Pub. L. 100-707, title I,

Sec. 105(d), Nov. 23, 1988, 102 Stat. 4691.)

-MISC1-

PRIOR PROVISIONS

A prior section 304 of Pub. L. 93-288 was renumbered section 303

by Pub. L. 100-707 and is classified to section 5144 of this title.

-End-

-CITE-

42 USC Sec. 5148 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE

ADMINISTRATION

-HEAD-

Sec. 5148. Nonliability of Federal Government

-STATUTE-

The Federal Government shall not be liable for any claim based

upon the exercise or performance of or the failure to exercise or

perform a discretionary function or duty on the part of a Federal

agency or an employee of the Federal Government in carrying out the

provisions of this chapter.

-SOURCE-

(Pub. L. 93-288, title III, Sec. 305, formerly Sec. 308, May 22,

1974, 88 Stat. 149; renumbered Sec. 305, Pub. L. 100-707, title I,

Sec. 105(d), Nov. 23, 1988, 102 Stat. 4691.)

-MISC1-

PRIOR PROVISIONS

A prior section 305 of Pub. L. 93-288 was classified to section

5145 of this title prior to repeal by Pub. L. 100-707.

-End-

-CITE-

42 USC Sec. 5149 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE

ADMINISTRATION

-HEAD-

Sec. 5149. Performance of services

-STATUTE-

(a) Utilization of services or facilities of State and local

governments

In carrying out the purposes of this chapter, any Federal agency

is authorized to accept and utilize the services or facilities of

any State or local government, or of any agency, office, or

employee thereof, with the consent of such government.

(b) Appointment of temporary personnel, experts, and consultants;

acquisition, rental, or hire of equipment, services, materials

and supplies

In performing any services under this chapter, any Federal agency

is authorized -

(1) to appoint and fix the compensation of such temporary

personnel as may be necessary, without regard to the provisions

of title 5 governing appointments in competitive service;

(2) to employ experts and consultants in accordance with the

provisions of section 3109 of such title, without regard to the

provisions of chapter 51 and subchapter III of chapter 53 of such

title relating to classification and General Schedule pay rates;

and

(3) to incur obligations on behalf of the United States by

contract or otherwise for the acquisition, rental, or hire of

equipment, services, materials, and supplies for shipping,

drayage, travel, and communications, and for the supervision and

administration of such activities. Such obligations, including

obligations arising out of the temporary employment of additional

personnel, may be incurred by an agency in such amount as may be

made available to it by the President.

-SOURCE-

(Pub. L. 93-288, title III, Sec. 306, formerly Sec. 309, May 22,

1974, 88 Stat. 149; renumbered Sec. 306, Pub. L. 100-707, title I,

Sec. 105(d), Nov. 23, 1988, 102 Stat. 4691.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (b)(1), are classified

to section 3301 et seq. of Title 5, Government Organization and

Employees.

-MISC1-

PRIOR PROVISIONS

A prior section 306 of Pub. L. 93-288 was classified to section

5146 of this title prior to repeal by Pub. L. 100-707.

-End-

-CITE-

42 USC Sec. 5150 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE

ADMINISTRATION

-HEAD-

Sec. 5150. Use of local firms and individuals

-STATUTE-

In the expenditure of Federal funds for debris clearance,

distribution of supplies, reconstruction, and other major disaster

or emergency assistance activities which may be carried out by

contract or agreement with private organizations, firms, or

individuals, preference shall be given, to the extent feasible and

practicable, to those organizations, firms, and individuals

residing or doing business primarily in the area affected by such

major disaster or emergency. This section shall not be considered

to restrict the use of Department of Defense resources in the

provision of major disaster assistance under this chapter.

-SOURCE-

(Pub. L. 93-288, title III, Sec. 307, formerly Sec. 310, May 22,

1974, 88 Stat. 150; renumbered Sec. 307 and amended Pub. L.

100-707, title I, Sec. 105(e), Nov. 23, 1988, 102 Stat. 4691.)

-MISC1-

PRIOR PROVISIONS

A prior section 307 of Pub. L. 93-288 was renumbered section 304

by Pub. L. 100-707 and is classified to section 5147 of this title.

AMENDMENTS

1988 - Pub. L. 100-707, Sec. 105(e)(2), (3), inserted "or

emergency" after "major disaster" in two places and inserted at end

"This section shall not be considered to restrict the use of

Department of Defense resources in the provision of major disaster

assistance under this chapter."

-End-

-CITE-

42 USC Sec. 5151 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE

ADMINISTRATION

-HEAD-

Sec. 5151. Nondiscrimination in disaster assistance

-STATUTE-

(a) Regulations for equitable and impartial relief operations

The President shall issue, and may alter and amend, such

regulations as may be necessary for the guidance of personnel

carrying out Federal assistance functions at the site of a major

disaster or emergency. Such regulations shall include provisions

for insuring that the distribution of supplies, the processing of

applications, and other relief and assistance activities shall be

accomplished in an equitable and impartial manner, without

discrimination on the grounds of race, color, religion,

nationality, sex, age, or economic status.

(b) Compliance with regulations as prerequisite to participation by

other bodies in relief operations

As a condition of participation in the distribution of assistance

or supplies under this chapter or of receiving assistance under

this chapter, governmental bodies and other organizations shall be

required to comply with regulations relating to nondiscrimination

promulgated by the President, and such other regulations applicable

to activities within an area affected by a major disaster or

emergency as he deems necessary for the effective coordination of

relief efforts.

-SOURCE-

(Pub. L. 93-288, title III, Sec. 308, formerly Sec. 311, May 22,

1974, 88 Stat. 150; renumbered Sec. 308 and amended Pub. L.

100-707, title I, Sec. 105(f), Nov. 23, 1988, 102 Stat. 4691.)

-MISC1-

PRIOR PROVISIONS

A prior section 308 of Pub. L. 93-288 was renumbered section 305

by Pub. L. 100-707 and is classified to section 5148 of this title.

AMENDMENTS

1988 - Subsec. (b). Pub. L. 100-707 substituted "this chapter"

for "section 5172 or 5174 of this title" after "assistance under".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5174 of this title.

-End-

-CITE-

42 USC Sec. 5152 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE

ADMINISTRATION

-HEAD-

Sec. 5152. Use and coordination of relief organizations

-STATUTE-

(a) In providing relief and assistance under this chapter, the

President may utilize, with their consent, the personnel and

facilities of the American National Red Cross, the Salvation Army,

the Mennonite Disaster Service, and other relief or disaster

assistance organizations, in the distribution of medicine, food,

supplies, or other items, and in the restoration, rehabilitation,

or reconstruction of community services housing and essential

facilities, whenever the President finds that such utilization is

necessary.

(b) The President is authorized to enter into agreements with the

American National Red Cross, the Salvation Army, the Mennonite

Disaster Service, and other relief or disaster assistance

organizations under which the disaster relief activities of such

organizations may be coordinated by the Federal coordinating

officer whenever such organizations are engaged in providing relief

during and after a major disaster or emergency. Any such agreement

shall include provisions assuring that use of Federal facilities,

supplies, and services will be in compliance with regulations

prohibiting duplication of benefits and guaranteeing

nondiscrimination promulgated by the President under this chapter,

and such other regulation as the President may require.

-SOURCE-

(Pub. L. 93-288, title III, Sec. 309, formerly Sec. 312, May 22,

1974, 88 Stat. 150; renumbered Sec. 309, Pub. L. 100-707, title I,

Sec. 105(f), Nov. 23, 1988, 102 Stat. 4691.)

-MISC1-

PRIOR PROVISIONS

A prior section 309 of Pub. L. 93-288 was renumbered section 306

by Pub. L. 100-707 and is classified to section 5149 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 636.

-End-

-CITE-

42 USC Sec. 5153 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE

ADMINISTRATION

-HEAD-

Sec. 5153. Priority to certain applications for public facility and

public housing assistance

-STATUTE-

(a) Priority

In the processing of applications for assistance, priority and

immediate consideration shall be given by the head of the

appropriate Federal agency, during such period as the President

shall prescribe, to applications from public bodies situated in

areas affected by major disasters under the following Acts:

(1) The United States Housing Act of 1937 [42 U.S.C. 1437 et

seq.] for the provision of low-income housing.

(2) Sections 3502 to 3505 of title 40 for assistance in public

works planning.

(3) The Community Development Block Grant Program under title I

of the Housing and Community Development Act of 1974 [42 U.S.C.

5301 et seq.].

(4) Section 1926 of title 7.

(5) The Public Works and Economic Development Act of 1965 [42

U.S.C. 3121 et seq.].

(6) Subtitle IV of title 40.

(7) The Federal Water Pollution Control Act [33 U.S.C. 1251 et

seq.].

(b) Obligation of certain discretionary funds

In the obligation of discretionary funds or funds which are not

allocated among the States or political subdivisions of a State,

the Secretary of Housing and Urban Development and the Secretary of

Commerce shall give priority to applications for projects for major

disaster areas.

-SOURCE-

(Pub. L. 93-288, title III, Sec. 310, as added Pub. L. 100-707,

title I, Sec. 105(g), Nov. 23, 1988, 102 Stat. 4691.)

-REFTEXT-

REFERENCES IN TEXT

The United States Housing Act of 1937, referred to in subsec.

(a)(1), is act Sept. 1, 1937, ch. 896, as revised generally by Pub.

L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653,

which is classified generally to chapter 8 (Sec. 1437 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 1437 of this title and

Tables.

The Housing and Community Development Act of 1974, referred to in

subsec. (a)(3), is Pub. L. 93-383, Aug. 22, 1974, 88 Stat. 633, as

amended. Title I of the Housing and Community Development Act of

1974 is classified principally to chapter 69 (Sec. 5301 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 5301 of this title and

Tables.

The Public Works and Economic Development Act of 1965, as

amended, referred to in subsec. (a)(5), is Pub. L. 89-136, Aug. 26,

1965, 79 Stat. 552, as amended, which is classified principally to

chapter 38 (Sec. 3121 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 3121 of this title and Tables.

The Federal Water Pollution Control Act, referred to in subsec.

(a)(7), is act June 30, 1948, ch. 758, as amended generally by Pub.

L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified

generally to chapter 26 (Sec. 1251 et seq.) of Title 33, Navigation

and Navigable Waters. For complete classification of this Act to

the Code, see Short Title note set out under section 1251 of Title

33 and Tables.

-COD-

CODIFICATION

"Sections 3502 to 3505 of title 40" substituted for "Section 702

of the Housing Act of 1954" in subsec. (a)(2) and "Subtitle IV of

title 40" substituted for "The Appalachian Regional Development Act

of 1965" in subsec. (a)(6) 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

A prior section 5153, Pub. L. 93-288, title III, Sec. 313, May

22, 1974, 88 Stat. 150, related to same subject matter as present

section but with references to different acts and provisions, prior

to repeal by Pub. L. 100-707, Sec. 105(g).

A prior section 310 of Pub. L. 93-288 was renumbered section 307

by Pub. L. 100-707 and is classified to section 5150 of this title.

-End-

-CITE-

42 USC Sec. 5154 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE

ADMINISTRATION

-HEAD-

Sec. 5154. Insurance

-STATUTE-

(a) Applicants for replacement of damaged facilities

(1) Compliance with certain regulations

An applicant for assistance under section 5172 of this title

(relating to repair, restoration, and replacement of damaged

facilities), section 5189 of this title (relating to simplified

procedure) or section 3149(c)(2) of this title shall comply with

regulations prescribed by the President to assure that, with

respect to any property to be replaced, restored, repaired, or

constructed with such assistance, such types and extent of

insurance will be obtained and maintained as may be reasonably

available, adequate, and necessary, to protect against future

loss to such property.

(2) Determination

In making a determination with respect to availability,

adequacy, and necessity under paragraph (1), the President shall

not require greater types and extent of insurance than are

certified to him as reasonable by the appropriate State insurance

commissioner responsible for regulation of such insurance.

(b) Maintenance of insurance

No applicant for assistance under section 5172 of this title

(relating to repair, restoration, and replacement of damaged

facilities), section 5189 of this title (relating to simplified

procedure), or section 3149(c)(2) of this title may receive such

assistance for any property or part thereof for which the applicant

has previously received assistance under this chapter unless all

insurance required pursuant to this section has been obtained and

maintained with respect to such property. The requirements of this

subsection may not be waived under section 5141 of this title.

(c) State acting as self-insurer

A State may elect to act as a self-insurer with respect to any or

all of the facilities owned by the State. Such an election, if

declared in writing at the time of acceptance of assistance under

section 5172 or 5189 of this title or section 3149(c)(2) of this

title or subsequently and accompanied by a plan for self-insurance

which is satisfactory to the President, shall be deemed compliance

with subsection (a) of this section. No such self-insurer may

receive assistance under section 5172 or 5189 of this title for any

property or part thereof for which it has previously received

assistance under this chapter, to the extent that insurance for

such property or part thereof would have been reasonably available.

-SOURCE-

(Pub. L. 93-288, title III, Sec. 311, as added Pub. L. 100-707,

title I, Sec. 105(h), Nov. 23, 1988, 102 Stat. 4692; amended Pub.

L. 103-325, title V, Sec. 521, Sept. 23, 1994, 108 Stat. 2257; Pub.

L. 106-390, title II, Sec. 201, Oct. 30, 2000, 114 Stat. 1559.)

-MISC1-

PRIOR PROVISIONS

A prior section 5154, Pub. L. 93-288, title III, Sec. 314, May

22, 1974, 88 Stat. 151, consisted of similar provisions, prior to

repeal by Pub. L. 100-707, Sec. 105(h).

A prior section 311 of Pub. L. 93-288 was renumbered section 308

by Pub. L. 100-707 and is classified to section 5151 of this title.

AMENDMENTS

2000 - Subsecs. (a)(1), (b), (c). Pub. L. 106-390 substituted

"section 3149(c)(2) of this title" for "section 3233 of this

title".

1994 - Subsec. (b). Pub. L. 103-325 inserted at end "The

requirements of this subsection may not be waived under section

5141 of this title."

-End-

-CITE-

42 USC Sec. 5154a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE

ADMINISTRATION

-HEAD-

Sec. 5154a. Prohibited flood disaster assistance

-STATUTE-

(a) General prohibition

Notwithstanding any other provision of law, no Federal disaster

relief assistance made available in a flood disaster area may be

used to make a payment (including any loan assistance payment) to a

person for repair, replacement, or restoration for damage to any

personal, residential, or commercial property if that person at any

time has received flood disaster assistance that was conditional on

the person first having obtained flood insurance under applicable

Federal law and subsequently having failed to obtain and maintain

flood insurance as required under applicable Federal law on such

property.

(b) Transfer of property

(1) Duty to notify

In the event of the transfer of any property described in

paragraph (3), the transferor shall, not later than the date on

which such transfer occurs, notify the transferee in writing of

the requirements to -

(A) obtain flood insurance in accordance with applicable

Federal law with respect to such property, if the property is

not so insured as of the date on which the property is

transferred; and

(B) maintain flood insurance in accordance with applicable

Federal law with respect to such property.

Such written notification shall be contained in documents

evidencing the transfer of ownership of the property.

(2) Failure to notify

If a transferor described in paragraph (1) fails to make a

notification in accordance with such paragraph and, subsequent to

the transfer of the property -

(A) the transferee fails to obtain or maintain flood

insurance in accordance with applicable Federal law with

respect to the property,

(B) the property is damaged by a flood disaster, and

(C) Federal disaster relief assistance is provided for the

repair, replacement, or restoration of the property as a result

of such damage,

the transferor shall be required to reimburse the Federal

Government in an amount equal to the amount of the Federal

disaster relief assistance provided with respect to the property.

(3) Property described

For purposes of paragraph (1), a property is described in this

paragraph if it is personal, commercial, or residential property

for which Federal disaster relief assistance made available in a

flood disaster area has been provided, prior to the date on which

the property is transferred, for repair, replacement, or

restoration of the property, if such assistance was conditioned

upon obtaining flood insurance in accordance with applicable

Federal law with respect to such property.

(c) Omitted

(d) "Flood disaster area" defined

For purposes of this section, the term "flood disaster area"

means an area with respect to which -

(1) the Secretary of Agriculture finds, or has found, to have

been substantially affected by a natural disaster in the United

States pursuant to section 1961(a) of title 7; or

(2) the President declares, or has declared, the existence of a

major disaster or emergency pursuant to the Robert T. Stafford

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et

seq.), as a result of flood conditions existing in or affecting

that area.

(e) Effective date

This section and the amendments made by this section shall apply

to disasters declared after September 23, 1994.

-SOURCE-

(Pub. L. 103-325, title V, Sec. 582, Sept. 23, 1994, 108 Stat.

2286.)

-REFTEXT-

REFERENCES IN TEXT

The Robert T. Stafford Disaster Relief and Emergency Assistance

Act, referred to in subsec. (d)(2), 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.

The amendments made by this section, referred to in subsec. (e),

means the amendments made by section 582(c) of Pub. L. 103-325,

which amended section 4012a of this title. See Codification note

below.

-COD-

CODIFICATION

Section is comprised of section 582 of Pub. L. 103-325. Subsec.

(c) of section 582 of Pub. L. 103-325 amended section 4012a of this

title.

Section was enacted as part of the National Flood Insurance

Reform Act of 1994 and as part of the Riegle Community Development

and Regulatory Improvement Act of 1994, and not as part of the

Robert T. Stafford Disaster Relief and Emergency Assistance Act

which comprises this chapter.

-End-

-CITE-

42 USC Sec. 5155 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE

ADMINISTRATION

-HEAD-

Sec. 5155. Duplication of benefits

-STATUTE-

(a) General prohibition

The President, in consultation with the head of each Federal

agency administering any program providing financial assistance to

persons, business concerns, or other entities suffering losses as a

result of a major disaster or emergency, shall assure that no such

person, business concern, or other entity will receive such

assistance with respect to any part of such loss as to which he has

received financial assistance under any other program or from

insurance or any other source.

(b) Special rules

(1) Limitation

This section shall not prohibit the provision of Federal

assistance to a person who is or may be entitled to receive

benefits for the same purposes from another source if such person

has not received such other benefits by the time of application

for Federal assistance and if such person agrees to repay all

duplicative assistance to the agency providing the Federal

assistance.

(2) Procedures

The President shall establish such procedures as the President

considers necessary to ensure uniformity in preventing

duplication of benefits.

(3) Effect of partial benefits

Receipt of partial benefits for a major disaster or emergency

shall not preclude provision of additional Federal assistance for

any part of a loss or need for which benefits have not been

provided.

(c) Recovery of duplicative benefits

A person receiving Federal assistance for a major disaster or

emergency shall be liable to the United States to the extent that

such assistance duplicates benefits available to the person for the

same purpose from another source. The agency which provided the

duplicative assistance shall collect such duplicative assistance

from the recipient in accordance with chapter 37 of title 31,

relating to debt collection, when the head of such agency considers

it to be in the best interest of the Federal Government.

(d) Assistance not income

Federal major disaster and emergency assistance provided to

individuals and families under this chapter, and comparable

disaster assistance provided by States, local governments, and

disaster assistance organizations, shall not be considered as

income or a resource when determining eligibility for or benefit

levels under federally funded income assistance or resource-tested

benefit programs.

-SOURCE-

(Pub. L. 93-288, title III, Sec. 312, as added Pub. L. 100-707,

title I, Sec. 105(i), Nov. 23, 1988, 102 Stat. 4693.)

-MISC1-

PRIOR PROVISIONS

A prior section 5155, Pub. L. 93-288, title III, Sec. 315, May

22, 1974, 88 Stat. 152, consisted of similar provisions, prior to

repeal by Pub. L. 100-707, Sec. 105(i).

A prior section 312 of Pub. L. 93-288 was renumbered section 309

by Pub. L. 100-707 and is classified to section 5152 of this title.

-End-

-CITE-

42 USC Sec. 5156 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE

ADMINISTRATION

-HEAD-

Sec. 5156. Standards and reviews

-STATUTE-

The President shall establish comprehensive standards which shall

be used to assess the efficiency and effectiveness of Federal major

disaster and emergency assistance programs administered under this

chapter. The President shall conduct annual reviews of the

activities of Federal agencies and State and local governments in

major disaster and emergency preparedness and in providing major

disaster and emergency assistance in order to assure maximum

coordination and effectiveness of such programs and consistency in

policies for reimbursement of States under this chapter.

-SOURCE-

(Pub. L. 93-288, title III, Sec. 313, as added Pub. L. 100-707,

title I, Sec. 105(j), Nov. 23, 1988, 102 Stat. 4694.)

-MISC1-

PRIOR PROVISIONS

A prior section 5156, Pub. L. 93-288, title III, Sec. 316, May

22, 1974, 88 Stat. 152, related to reviews and reports by

President, prior to repeal by Pub. L. 100-707, Sec. 105(j).

A prior section 313 of Pub. L. 93-288 was classified to section

5153 of this title prior to repeal by Pub. L. 100-707.

-End-

-CITE-

42 USC Sec. 5157 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE

ADMINISTRATION

-HEAD-

Sec. 5157. Penalties

-STATUTE-

(a) Misuse of funds

Any person who knowingly misapplies the proceeds of a loan or

other cash benefit obtained under this chapter shall be fined an

amount equal to one and one-half times the misapplied amount of the

proceeds or cash benefit.

(b) Civil enforcement

Whenever it appears that any person has violated or is about to

violate any provision of this chapter, including any civil penalty

imposed under this chapter, the Attorney General may bring a civil

action for such relief as may be appropriate. Such action may be

brought in an appropriate United States district court.

(c) Referral to Attorney General

The President shall expeditiously refer to the Attorney General

for appropriate action any evidence developed in the performance of

functions under this chapter that may warrant consideration for

criminal prosecution.

(d) Civil penalty

Any individual who knowingly violates any order or regulation

issued under this chapter shall be subject to a civil penalty of

not more than $5,000 for each violation.

-SOURCE-

(Pub. L. 93-288, title III, Sec. 314, as added Pub. L. 100-707,

title I, Sec. 105(k), Nov. 23, 1988, 102 Stat. 4694.)

-MISC1-

PRIOR PROVISIONS

A prior section 5157, Pub. L. 93-288, title III, Sec. 317, May

22, 1974, 88 Stat. 152, related to criminal and civil penalties,

prior to repeal by Pub. L. 100-707, Sec. 105(k).

A prior section 314 of Pub. L. 93-288 was classified to section

5154 of this title prior to repeal by Pub. L. 100-707.

-End-

-CITE-

42 USC Sec. 5158 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE

ADMINISTRATION

-HEAD-

Sec. 5158. Availability of materials

-STATUTE-

The President is authorized, at the request of the Governor of an

affected State, to provide for a survey of construction materials

needed in the area affected by a major disaster on an emergency

basis for housing repairs, replacement housing, public facilities

repairs and replacement, farming operations, and business

enterprises and to take appropriate action to assure the

availability and fair distribution of needed materials, including,

where possible, the allocation of such materials for a period of

not more than one hundred and eighty days after such major

disaster. Any allocation program shall be implemented by the

President to the extent possible, by working with and through those

companies which traditionally supply construction materials in the

affected area. For the purposes of this section "construction

materials" shall include building materials and materials required

for repairing housing, replacement housing, public facilities

repairs and replacement, and for normal farm and business

operations.

-SOURCE-

(Pub. L. 93-288, title III, Sec. 315, formerly Sec. 318, May 22,

1974, 88 Stat. 152; renumbered Sec. 315, Pub. L. 100-707, title I,

Sec. 105(l), Nov. 23, 1988, 102 Stat. 4694.)

-MISC1-

PRIOR PROVISIONS

A prior section 315 of Pub. L. 93-288 was classified to section

5155 of this title prior to repeal by Pub. L. 100-707.

-End-

-CITE-

42 USC Sec. 5159 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE

ADMINISTRATION

-HEAD-

Sec. 5159. Protection of environment

-STATUTE-

An action which is taken or assistance which is provided pursuant

to section 5170a, 5170b, 5172, 5173, or 5192 of this title,

including such assistance provided pursuant to the procedures

provided for in section 5189 of this title, which has the effect of

restoring a facility substantially to its condition prior to the

disaster or emergency, shall not be deemed a major Federal action

significantly affecting the quality of the human environment within

the meaning of the National Environmental Policy Act of 1969 (83

Stat. 852) [42 U.S.C. 4321 et seq.]. Nothing in this section shall

alter or affect the applicability of the National Environmental

Policy Act of 1969 to other Federal actions taken under this

chapter or under any other provisions of law.

-SOURCE-

(Pub. L. 93-288, title III, Sec. 316, as added Pub. L. 100-707,

title I, Sec. 105(m)(1), Nov. 23, 1988, 102 Stat. 4694.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

text, is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,

which is classified generally to chapter 55 (Sec. 4321 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 4321 of this title and

Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 316 of Pub. L. 93-288 was classified to section

5156 of this title prior to repeal by Pub. L. 100-707.

-End-

-CITE-

42 USC Sec. 5160 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE

ADMINISTRATION

-HEAD-

Sec. 5160. Recovery of assistance

-STATUTE-

(a) Party liable

Any person who intentionally causes a condition for which Federal

assistance is provided under this chapter or under any other

Federal law as a result of a declaration of a major disaster or

emergency under this chapter shall be liable to the United States

for the reasonable costs incurred by the United States in

responding to such disaster or emergency to the extent that such

costs are attributable to the intentional act or omission of such

person which caused such condition. Such action for reasonable

costs shall be brought in an appropriate United States district

court.

(b) Rendering of care

A person shall not be liable under this section for costs

incurred by the United States as a result of actions taken or

omitted by such person in the course of rendering care or

assistance in response to a major disaster or emergency.

-SOURCE-

(Pub. L. 93-288, title III, Sec. 317, as added Pub. L. 100-707,

title I, Sec. 105(m)(1), Nov. 23, 1988, 102 Stat. 4695.)

-MISC1-

PRIOR PROVISIONS

A prior section 317 of Pub. L. 93-288 was classified to section

5157 of this title prior to repeal by Pub. L. 100-707.

-End-

-CITE-

42 USC Sec. 5161 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE

ADMINISTRATION

-HEAD-

Sec. 5161. Audits and investigations

-STATUTE-

(a) In general

Subject to the provisions of chapter 75 of title 31, relating to

requirements for single audits, the President shall conduct audits

and investigations as necessary to assure compliance with this

chapter, and in connection therewith may question such persons as

may be necessary to carry out such audits and investigations.

(b) Access to records

For purposes of audits and investigations under this section, the

President and Comptroller General may inspect any books, documents,

papers, and records of any person relating to any activity

undertaken or funded under this chapter.

(c) State and local audits

The President may require audits by State and local governments

in connection with assistance under this chapter when necessary to

assure compliance with this chapter or related regulations.

-SOURCE-

(Pub. L. 93-288, title III, Sec. 318, as added Pub. L. 100-707,

title I, Sec. 105(m)(1), Nov. 23, 1988, 102 Stat. 4695.)

-MISC1-

PRIOR PROVISIONS

A prior section 318 of Pub. L. 93-288 was renumbered section 315

by Pub. L. 100-707 and is classified to section 5158 of this title.

-End-

-CITE-

42 USC Sec. 5162 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE

ADMINISTRATION

-HEAD-

Sec. 5162. Advance of non-Federal share

-STATUTE-

(a) In general

The President may lend or advance to an eligible applicant or a

State the portion of assistance for which the State is responsible

under the cost-sharing provisions of this chapter in any case in

which -

(1) the State is unable to assume its financial responsibility

under such cost-sharing provisions -

(A) with respect to concurrent, multiple major disasters in a

jurisdiction, or

(B) after incurring extraordinary costs as a result of a

particular disaster; and

(2) the damages caused by such disasters or disaster are so

overwhelming and severe that it is not possible for the applicant

or the State to assume immediately their financial responsibility

under this chapter.

(b) Terms of loans and advances

(1) In general

Any loan or advance under this section shall be repaid to the

United States.

(2) Interest

Loans and advances under this section shall bear interest at a

rate determined by the Secretary of the Treasury, taking into

consideration the current market yields on outstanding marketable

obligations of the United States with remaining periods to

maturity comparable to the reimbursement period of the loan or

advance.

(c) Regulations

The President shall issue regulations describing the terms and

conditions under which any loan or advance authorized by this

section may be made.

-SOURCE-

(Pub. L. 93-288, title III, Sec. 319, as added Pub. L. 100-707,

title I, Sec. 105(m)(1), Nov. 23, 1988, 102 Stat. 4695.)

-End-

-CITE-

42 USC Sec. 5163 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE

ADMINISTRATION

-HEAD-

Sec. 5163. Limitation on use of sliding scales

-STATUTE-

No geographic area shall be precluded from receiving assistance

under this chapter solely by virtue of an arithmetic formula or

sliding scale based on income or population.

-SOURCE-

(Pub. L. 93-288, title III, Sec. 320, as added Pub. L. 100-707,

title I, Sec. 105(m)(1), Nov. 23, 1988, 102 Stat. 4696.)

-End-

-CITE-

42 USC Sec. 5164 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE

ADMINISTRATION

-HEAD-

Sec. 5164. Rules and regulations

-STATUTE-

The President may prescribe such rules and regulations as may be

necessary and proper to carry out the provisions of this chapter,

and may exercise, either directly or through such Federal agency as

the President may designate, any power or authority conferred to

the President by this chapter.

-SOURCE-

(Pub. L. 93-288, title III, Sec. 321, as added Pub. L. 100-707,

title I, Sec. 105(m)(1), Nov. 23, 1988, 102 Stat. 4696.)

-End-

-CITE-

42 USC Sec. 5165 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE

ADMINISTRATION

-HEAD-

Sec. 5165. Mitigation planning

-STATUTE-

(a) Requirement of mitigation plan

As a condition of receipt of an increased Federal share for

hazard mitigation measures under subsection (e) of this section, a

State, local, or tribal government shall develop and submit for

approval to the President a mitigation plan that outlines processes

for identifying the natural hazards, risks, and vulnerabilities of

the area under the jurisdiction of the government.

(b) Local and tribal plans

Each mitigation plan developed by a local or tribal government

shall -

(1) describe actions to mitigate hazards, risks, and

vulnerabilities identified under the plan; and

(2) establish a strategy to implement those actions.

(c) State plans

The State process of development of a mitigation plan under this

section shall -

(1) identify the natural hazards, risks, and vulnerabilities of

areas in the State;

(2) support development of local mitigation plans;

(3) provide for technical assistance to local and tribal

governments for mitigation planning; and

(4) identify and prioritize mitigation actions that the State

will support, as resources become available.

(d) Funding

(1) In general

Federal contributions under section 5170c of this title may be

used to fund the development and updating of mitigation plans

under this section.

(2) Maximum Federal contribution

With respect to any mitigation plan, a State, local, or tribal

government may use an amount of Federal contributions under

section 5170c of this title not to exceed 7 percent of the amount

of such contributions available to the government as of a date

determined by the government.

(e) Increased Federal share for hazard mitigation measures

(1) In general

If, at the time of the declaration of a major disaster, a State

has in effect an approved mitigation plan under this section, the

President may increase to 20 percent, with respect to the major

disaster, the maximum percentage specified in the last sentence

of section 5170c(a) of this title.

(2) Factors for consideration

In determining whether to increase the maximum percentage under

paragraph (1), the President shall consider whether the State has

established -

(A) eligibility criteria for property acquisition and other

types of mitigation measures;

(B) requirements for cost effectiveness that are related to

the eligibility criteria;

(C) a system of priorities that is related to the eligibility

criteria; and

(D) a process by which an assessment of the effectiveness of

a mitigation action may be carried out after the mitigation

action is complete.

-SOURCE-

(Pub. L. 93-288, title III, Sec. 322, as added Pub. L. 106-390,

title I, Sec. 104(a), Oct. 30, 2000, 114 Stat. 1558.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5133, 5170c of this

title.

-End-

-CITE-

42 USC Sec. 5165a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE

ADMINISTRATION

-HEAD-

Sec. 5165a. Minimum standards for public and private structures

-STATUTE-

(a) In general

As a condition of receipt of a disaster loan or grant under this

chapter -

(1) the recipient shall carry out any repair or construction to

be financed with the loan or grant in accordance with applicable

standards of safety, decency, and sanitation and in conformity

with applicable codes, specifications, and standards; and

(2) the President may require safe land use and construction

practices, after adequate consultation with appropriate State and

local government officials.

(b) Evidence of compliance

A recipient of a disaster loan or grant under this chapter shall

provide such evidence of compliance with this section as the

President may require by regulation.

-SOURCE-

(Pub. L. 93-288, title III, Sec. 323, as added Pub. L. 106-390,

title I, Sec. 104(a), Oct. 30, 2000, 114 Stat. 1559.)

-End-

-CITE-

42 USC Sec. 5165b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE

ADMINISTRATION

-HEAD-

Sec. 5165b. Management costs

-STATUTE-

(a) Definition of management cost

In this section, the term "management cost" includes any indirect

cost, any administrative expense, and any other expense not

directly chargeable to a specific project under a major disaster,

emergency, or disaster preparedness or mitigation activity or

measure.

(b) Establishment of management cost rates

Notwithstanding any other provision of law (including any

administrative rule or guidance), the President shall by regulation

establish management cost rates, for grantees and subgrantees, that

shall be used to determine contributions under this chapter for

management costs.

(c) Review

The President shall review the management cost rates established

under subsection (b) of this section not later than 3 years after

the date of establishment of the rates and periodically thereafter.

-SOURCE-

(Pub. L. 93-288, title III, Sec. 324, as added Pub. L. 106-390,

title II, Sec. 202(a), Oct. 30, 2000, 114 Stat. 1560.)

-MISC1-

EFFECTIVE DATE

Pub. L. 106-390, title II, Sec. 202(b), Oct. 30, 2000, 114 Stat.

1560, provided that:

"(1) In general. - Subject to paragraph (2), subsections (a) and

(b) of section 324 of the Robert T. Stafford Disaster Relief and

Emergency Assistance Act [42 U.S.C. 5165b(a), (b)] (as added by

subsection (a)) shall apply to major disasters declared under that

Act [42 U.S.C. 5121 et seq.] on or after the date of the enactment

of this Act [Oct. 30, 2000].

"(2) Interim authority. - Until the date on which the President

establishes the management cost rates under section 324 of the

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

added by subsection (a)), section 406(f) of the Robert T. Stafford

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(f))

(as in effect on the day before the date of the enactment of this

Act) shall be used to establish management cost rates."

-End-

-CITE-

42 USC Sec. 5165c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER III - MAJOR DISASTER AND EMERGENCY ASSISTANCE

ADMINISTRATION

-HEAD-

Sec. 5165c. Public notice, comment, and consultation requirements

-STATUTE-

(a) Public notice and comment concerning new or modified policies

(1) In general

The President shall provide for public notice and opportunity

for comment before adopting any new or modified policy that -

(A) governs implementation of the public assistance program

administered by the Federal Emergency Management Agency under

this chapter; and

(B) could result in a significant reduction of assistance

under the program.

(2) Application

Any policy adopted under paragraph (1) shall apply only to a

major disaster or emergency declared on or after the date on

which the policy is adopted.

(b) Consultation concerning interim policies

(1) In general

Before adopting any interim policy under the public assistance

program to address specific conditions that relate to a major

disaster or emergency that has been declared under this chapter,

the President, to the maximum extent practicable, shall solicit

the views and recommendations of grantees and subgrantees with

respect to the major disaster or emergency concerning the

potential interim policy, if the interim policy is likely -

(A) to result in a significant reduction of assistance to

applicants for the assistance with respect to the major

disaster or emergency; or

(B) to change the terms of a written agreement to which the

Federal Government is a party concerning the declaration of the

major disaster or emergency.

(2) No legal right of action

Nothing in this subsection confers a legal right of action on

any party.

(c) Public access

The President shall promote public access to policies governing

the implementation of the public assistance program.

-SOURCE-

(Pub. L. 93-288, title III, Sec. 325, as added Pub. L. 106-390,

title II, Sec. 203, Oct. 30, 2000, 114 Stat. 1560.)

-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 SUBCHAPTER IV - MAJOR DISASTER ASSISTANCE PROGRAMS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV - MAJOR DISASTER ASSISTANCE PROGRAMS

-HEAD-

SUBCHAPTER IV - MAJOR DISASTER ASSISTANCE PROGRAMS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 5321, 12840 of this

title.

-End-

-CITE-

42 USC Sec. 5170 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV - MAJOR DISASTER ASSISTANCE PROGRAMS

-HEAD-

Sec. 5170. Procedure for declaration

-STATUTE-

All requests for a declaration by the President that a major

disaster exists shall be made by the Governor of the affected

State. Such a request shall be based on a finding that the disaster

is of such severity and magnitude that effective response is beyond

the capabilities of the State and the affected local governments

and that Federal assistance is necessary. As part of such request,

and as a prerequisite to major disaster assistance under this

chapter, the Governor shall take appropriate response action under

State law and direct execution of the State's emergency plan. The

Governor shall furnish information on the nature and amount of

State and local resources which have been or will be committed to

alleviating the results of the disaster, and shall certify that,

for the current disaster, State and local government obligations

and expenditures (of which State commitments must be a significant

proportion) will comply with all applicable cost-sharing

requirements of this chapter. Based on the request of a Governor

under this section, the President may declare under this chapter

that a major disaster or emergency exists.

-SOURCE-

(Pub. L. 93-288, title IV, Sec. 401, as added Pub. L. 100-707,

title I, Sec. 106(a)(3), Nov. 23, 1988, 102 Stat. 4696.)

-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-

PRIOR PROVISIONS

A prior section 401 of Pub. L. 93-288 was renumbered section 405

by Pub. L. 100-707 and is classified to section 5171 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5204 of this title; title

10 section 1063a; title 12 sections 1706c, 3352.

-End-

-CITE-

42 USC Sec. 5170a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV - MAJOR DISASTER ASSISTANCE PROGRAMS

-HEAD-

Sec. 5170a. General Federal assistance

-STATUTE-

In any major disaster, the President may -

(1) direct any Federal agency, with or without reimbursement,

to utilize its authorities and the resources granted to it under

Federal law (including personnel, equipment, supplies,

facilities, and managerial, technical, and advisory services) in

support of State and local assistance efforts;

(2) coordinate all disaster relief assistance (including

voluntary assistance) provided by Federal agencies, private

organizations, and State and local governments;

(3) provide technical and advisory assistance to affected State

and local governments for -

(A) the performance of essential community services;

(B) issuance of warnings of risks and hazards;

(C) public health and safety information, including

dissemination of such information;

(D) provision of health and safety measures; and

(E) management, control, and reduction of immediate threats

to public health and safety; and

(4) assist State and local governments in the distribution of

medicine, food, and other consumable supplies, and emergency

assistance.

-SOURCE-

(Pub. L. 93-288, title IV, Sec. 402, as added Pub. L. 100-707,

title I, Sec. 106(a)(3), Nov. 23, 1988, 102 Stat. 4696.)

-MISC1-

PRIOR PROVISIONS

A prior section 402 of Pub. L. 93-288 was classified to section

5172 of this title prior to repeal by Pub. L. 100-707.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5159 of this title; title

7 section 2014; title 16 section 3505.

-End-

-CITE-

42 USC Sec. 5170b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV - MAJOR DISASTER ASSISTANCE PROGRAMS

-HEAD-

Sec. 5170b. Essential assistance

-STATUTE-

(a) In general

Federal agencies may on the direction of the President, provide

assistance essential to meeting immediate threats to life and

property resulting from a major disaster, as follows:

(1) Federal resources, generally

Utilizing, lending, or donating to State and local governments

Federal equipment, supplies, facilities, personnel, and other

resources, other than the extension of credit, for use or

distribution by such governments in accordance with the purposes

of this chapter.

(2) Medicine, food, and other consumables

Distributing or rendering through State and local governments,

the American National Red Cross, the Salvation Army, the

Mennonite Disaster Service, and other relief and disaster

assistance organizations medicine, food, and other consumable

supplies, and other services and assistance to disaster victims.

(3) Work and services to save lives and protect property

Performing on public or private lands or waters any work or

services essential to saving lives and protecting and preserving

property or public health and safety, including -

(A) debris removal;

(B) search and rescue, emergency medical care, emergency mass

care, emergency shelter, and provision of food, water,

medicine, and other essential needs, including movement of

supplies or persons;

(C) clearance of roads and construction of temporary bridges

necessary to the performance of emergency tasks and essential

community services;

(D) provision of temporary facilities for schools and other

essential community services;

(E) demolition of unsafe structures which endanger the

public;

(F) warning of further risks and hazards;

(G) dissemination of public information and assistance

regarding health and safety measures;

(H) provision of technical advice to State and local

governments on disaster management and control; and

(I) reduction of immediate threats to life, property, and

public health and safety.

(4) Contributions

Making contributions to State or local governments or owners or

operators of private nonprofit facilities for the purpose of

carrying out the provisions of this subsection.

(b) Federal share

The Federal share of assistance under this section shall be not

less than 75 percent of the eligible cost of such assistance.

(c) Utilization of DOD resources

(1) General rule

During the immediate aftermath of an incident which may

ultimately qualify for assistance under this subchapter or

subchapter IV-A of this chapter, the Governor of the State in

which such incident occurred may request the President to direct

the Secretary of Defense to utilize the resources of the

Department of Defense for the purpose of performing on public and

private lands any emergency work which is made necessary by such

incident and which is essential for the preservation of life and

property. If the President determines that such work is essential

for the preservation of life and property, the President shall

grant such request to the extent the President determines

practicable. Such emergency work may only be carried out for a

period not to exceed 10 days.

(2) Rules applicable to debris removal

Any removal of debris and wreckage carried out under this

subsection shall be subject to section 5173(b) of this title,

relating to unconditional authorization and indemnification for

debris removal.

(3) Expenditures out of disaster relief funds

The cost of any assistance provided pursuant to this subsection

shall be reimbursed out of funds made available to carry out this

chapter.

(4) Federal share

The Federal share of assistance under this subsection shall be

not less than 75 percent.

(5) Guidelines

Not later than 180 days after November 23, 1988, the President

shall issue guidelines for carrying out this subsection. Such

guidelines shall consider any likely effect assistance under this

subsection will have on the availability of other forms of

assistance under this chapter.

(6) Definitions

For purposes of this section -

(A) Department of Defense

The term "Department of Defense" has the meaning the term

"department" has under section 101 of title 10.

(B) Emergency work

The term "emergency work" includes clearance and removal of

debris and wreckage and temporary restoration of essential

public facilities and services.

-SOURCE-

(Pub. L. 93-288, title IV, Sec. 403, as added Pub. L. 100-707,

title I, Sec. 106(a)(3), Nov. 23, 1988, 102 Stat. 4697.)

-MISC1-

PRIOR PROVISIONS

A prior section 403 of Pub. L. 93-288 was renumbered section 407

by Pub. L. 100-707 and is classified to section 5173 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5159, 5187, 5189, 5204a,

5204c of this title; title 16 section 3505.

-End-

-CITE-

42 USC Sec. 5170c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV - MAJOR DISASTER ASSISTANCE PROGRAMS

-HEAD-

Sec. 5170c. Hazard mitigation

-STATUTE-

(a) In general

The President may contribute up to 75 percent of the cost of

hazard mitigation measures which the President has determined are

cost-effective and which substantially reduce the risk of future

damage, hardship, loss, or suffering in any area affected by a

major disaster. Such measures shall be identified following the

evaluation of natural hazards under section 5165 of this title and

shall be subject to approval by the President. Subject to section

5165 of this title, the total of contributions under this section

for a major disaster shall not exceed 15 percent of the estimated

aggregate amount of grants to be made (less any associated

administrative costs) under this chapter with respect to the major

disaster.

(b) Property acquisition and relocation assistance

(1) General authority

In providing hazard mitigation assistance under this section in

connection with flooding, the Director of the Federal Emergency

Management Agency may provide property acquisition and relocation

assistance for projects that meet the requirements of paragraph

(2).

(2) Terms and conditions

An acquisition or relocation project shall be eligible to

receive assistance pursuant to paragraph (1) only if -

(A) the applicant for the assistance is otherwise eligible to

receive assistance under the hazard mitigation grant program

established under subsection (a) of this section; and

(B) on or after December 3, 1993, the applicant for the

assistance enters into an agreement with the Director that

provides assurances that -

(i) any property acquired, accepted, or from which a

structure will be removed pursuant to the project will be

dedicated and maintained in perpetuity for a use that is

compatible with open space, recreational, or wetlands

management practices;

(ii) no new structure will be erected on property acquired,

accepted or from which a structure was removed under the

acquisition or relocation program other than -

(I) a public facility that is open on all sides and

functionally related to a designated open space;

(II) a rest room; or

(III) a structure that the Director approves in writing

before the commencement of the construction of the

structure; and

(iii) after receipt of the assistance, with respect to any

property acquired, accepted or from which a structure was

removed under the acquisition or relocation program -

(I) no subsequent application for additional disaster

assistance for any purpose will be made by the recipient to

any Federal entity; and

(II) no assistance referred to in subclause (I) will be

provided to the applicant by any Federal source.

(3) Statutory construction

Nothing in this subsection is intended to alter or otherwise

affect an agreement for an acquisition or relocation project

carried out pursuant to this section that was in effect on the

day before December 3, 1993.

(c) Program administration by States

(1) In general

A State desiring to administer the hazard mitigation grant

program established by this section with respect to hazard

mitigation assistance in the State may submit to the President an

application for the delegation of the authority to administer the

program.

(2) Criteria

The President, in consultation and coordination with States and

local governments, shall establish criteria for the approval of

applications submitted under paragraph (1). The criteria shall

include, at a minimum -

(A) the demonstrated ability of the State to manage the grant

program under this section;

(B) there being in effect an approved mitigation plan under

section 5165 of this title; and

(C) a demonstrated commitment to mitigation activities.

(3) Approval

The President shall approve an application submitted under

paragraph (1) that meets the criteria established under paragraph

(2).

(4) Withdrawal of approval

If, after approving an application of a State submitted under

paragraph (1), the President determines that the State is not

administering the hazard mitigation grant program established by

this section in a manner satisfactory to the President, the

President shall withdraw the approval.

(5) Audits

The President shall provide for periodic audits of the hazard

mitigation grant programs administered by States under this

subsection.

-SOURCE-

(Pub. L. 93-288, title IV, Sec. 404, as added Pub. L. 100-707,

title I, Sec. 106(a)(3), Nov. 23, 1988, 102 Stat. 4698; amended

Pub. L. 103-181, Secs. 2(a), 3, Dec. 3, 1993, 107 Stat. 2054; Pub.

L. 106-390, title I, Sec. 104(c)(1), title II, Sec. 204, Oct. 30,

2000, 114 Stat. 1559, 1561.)

-MISC1-

PRIOR PROVISIONS

A prior section 404 of Pub. L. 93-288 was classified to section

5174 of this title prior to repeal by Pub. L. 100-707.

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-390, Sec. 104(c)(1), substituted

"section 5165" for "section 5176" in second sentence and "Subject

to section 5165 of this title, the total" for "The total" in third

sentence.

Subsec. (c). Pub. L. 106-390, Sec. 204, added subsec. (c).

1993 - Pub. L. 103-181 designated existing provisions as subsec.

(a), inserted heading, substituted "75 percent" for "50 percent" in

first sentence, substituted "15 percent of the estimated aggregate

amount of grants to be made (less any associated administrative

costs) under this chapter with respect to the major disaster" for

"10 percent of the estimated aggregate amounts of grants to be made

under section 5172 of this title with respect to such major

disaster" in last sentence, and added subsec. (b).

EFFECTIVE DATE OF 1993 AMENDMENT

Section 2(b) of Pub. L. 103-181 provided that: "The amendments

made by this section [amending this section] shall apply to any

major disaster declared by the President pursuant to The [the]

Robert T. Stafford Disaster Relief and Emergency Assistance Act (42

U.S.C. 5121 et seq.) on or after June 10, 1993."

-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 5165, 5204c of this

title.

-End-

-CITE-

42 USC Sec. 5171 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV - MAJOR DISASTER ASSISTANCE PROGRAMS

-HEAD-

Sec. 5171. Federal facilities

-STATUTE-

(a) Repair, reconstruction, restoration, or replacement of United

States facilities

The President may authorize any Federal agency to repair,

reconstruct, restore, or replace any facility owned by the United

States and under the jurisdiction of such agency which is damaged

or destroyed by any major disaster if he determines that such

repair, reconstruction, restoration, or replacement is of such

importance and urgency that it cannot reasonably be deferred

pending the enactment of specific authorizing legislation or the

making of an appropriation for such purposes, or the obtaining of

congressional committee approval.

(b) Availability of funds appropriated to agency for repair,

reconstruction, restoration, or replacement of agency facilities

In order to carry out the provisions of this section, such

repair, reconstruction, restoration, or replacement may be begun

notwithstanding a lack or an insufficiency of funds appropriated

for such purpose, where such lack or insufficiency can be remedied

by the transfer, in accordance with law, of funds appropriated to

that agency for another purpose.

(c) Steps for mitigation of hazards

In implementing this section, Federal agencies shall evaluate the

natural hazards to which these facilities are exposed and shall

take appropriate action to mitigate such hazards, including safe

land-use and construction practices, in accordance with standards

prescribed by the President.

-SOURCE-

(Pub. L. 93-288, title IV, Sec. 405, formerly Sec. 401, May 22,

1974, 88 Stat. 153; renumbered Sec. 405, Pub. L. 100-707, title I,

Sec. 106(a)(2), Nov. 23, 1988, 102 Stat. 4696.)

-MISC1-

PRIOR PROVISIONS

A prior section 405 of Pub. L. 93-288 was classified to section

5175 of this title prior to repeal by Pub. L. 100-707.

-End-

-CITE-

42 USC Sec. 5172 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV - MAJOR DISASTER ASSISTANCE PROGRAMS

-HEAD-

Sec. 5172. Repair, restoration, and replacement of damaged

facilities

-STATUTE-

(a) Contributions

(1) In general

The President may make contributions -

(A) to a State or local government for the repair,

restoration, reconstruction, or replacement of a public

facility damaged or destroyed by a major disaster and for

associated expenses incurred by the government; and

(B) subject to paragraph (3), to a person that owns or

operates a private nonprofit facility damaged or destroyed by a

major disaster for the repair, restoration, reconstruction, or

replacement of the facility and for associated expenses

incurred by the person.

(2) Associated expenses

For the purposes of this section, associated expenses shall

include -

(A) the costs of mobilizing and employing the National Guard

for performance of eligible work;

(B) the costs of using prison labor to perform eligible work,

including wages actually paid, transportation to a worksite,

and extraordinary costs of guards, food, and lodging; and

(C) base and overtime wages for the employees and extra hires

of a State, local government, or person described in paragraph

(1) that perform eligible work, plus fringe benefits on such

wages to the extent that such benefits were being paid before

the major disaster.

(3) Conditions for assistance to private nonprofit facilities

(A) In general

The President may make contributions to a private nonprofit

facility under paragraph (1)(B) only if -

(i) the facility provides critical services (as defined by

the President) in the event of a major disaster; or

(ii) the owner or operator of the facility -

(I) has applied for a disaster loan under section 636(b)

of title 15; and

(II)(aa) has been determined to be ineligible for such a

loan; or

(bb) has obtained such a loan in the maximum amount for

which the Small Business Administration determines the

facility is eligible.

(B) Definition of critical services

In this paragraph, the term "critical services" includes

power, water (including water provided by an irrigation

organization or facility), sewer, wastewater treatment,

communications, and emergency medical care.

(4) Notification to Congress

Before making any contribution under this section in an amount

greater than $20,000,000, the President shall notify -

(A) the Committee on Environment and Public Works of the

Senate;

(B) the Committee on Transportation and Infrastructure of the

House of Representatives;

(C) the Committee on Appropriations of the Senate; and

(D) the Committee on Appropriations of the House of

Representatives.

(b) Federal share

(1) Minimum Federal share

Except as provided in paragraph (2), the Federal share of

assistance under this section shall be not less than 75 percent

of the eligible cost of repair, restoration, reconstruction, or

replacement carried out under this section.

(2) Reduced Federal share

The President shall promulgate regulations to reduce the

Federal share of assistance under this section to not less than

25 percent in the case of the repair, restoration,

reconstruction, or replacement of any eligible public facility or

private nonprofit facility following an event associated with a

major disaster -

(A) that has been damaged, on more than one occasion within

the preceding 10-year period, by the same type of event; and

(B) the owner of which has failed to implement appropriate

mitigation measures to address the hazard that caused the

damage to the facility.

(c) Large in-lieu contributions

(1) For public facilities

(A) In general

In any case in which a State or local government determines

that the public welfare would not best be served by repairing,

restoring, reconstructing, or replacing any public facility

owned or controlled by the State or local government, the State

or local government may elect to receive, in lieu of a

contribution under subsection (a)(1)(A) of this section, a

contribution in an amount equal to 75 percent of the Federal

share of the Federal estimate of the cost of repairing,

restoring, reconstructing, or replacing the facility and of

management expenses.

(B) Areas with unstable soil

In any case in which a State or local government determines

that the public welfare would not best be served by repairing,

restoring, reconstructing, or replacing any public facility

owned or controlled by the State or local government because

soil instability in the disaster area makes repair,

restoration, reconstruction, or replacement infeasible, the

State or local government may elect to receive, in lieu of a

contribution under subsection (a)(1)(A) of this section, a

contribution in an amount equal to 90 percent of the Federal

share of the Federal estimate of the cost of repairing,

restoring, reconstructing, or replacing the facility and of

management expenses.

(C) Use of funds

Funds contributed to a State or local government under this

paragraph may be used -

(i) to repair, restore, or expand other selected public

facilities;

(ii) to construct new facilities; or

(iii) to fund hazard mitigation measures that the State or

local government determines to be necessary to meet a need

for governmental services and functions in the area affected

by the major disaster.

(D) Limitations

Funds made available to a State or local government under

this paragraph may not be used for -

(i) any public facility located in a regulatory floodway

(as defined in section 59.1 of title 44, Code of Federal

Regulations (or a successor regulation)); or

(ii) any uninsured public facility located in a special

flood hazard area identified by the Director of the Federal

Emergency Management Agency under the National Flood

Insurance Act of 1968 (42 U.S.C. 4001 et seq.).

(2) For private nonprofit facilities

(A) In general

In any case in which a person that owns or operates a private

nonprofit facility determines that the public welfare would not

best be served by repairing, restoring, reconstructing, or

replacing the facility, the person may elect to receive, in

lieu of a contribution under subsection (a)(1)(B) of this

section, a contribution in an amount equal to 75 percent of the

Federal share of the Federal estimate of the cost of repairing,

restoring, reconstructing, or replacing the facility and of

management expenses.

(B) Use of funds

Funds contributed to a person under this paragraph may be

used -

(i) to repair, restore, or expand other selected private

nonprofit facilities owned or operated by the person;

(ii) to construct new private nonprofit facilities to be

owned or operated by the person; or

(iii) to fund hazard mitigation measures that the person

determines to be necessary to meet a need for the person's

services and functions in the area affected by the major

disaster.

(C) Limitations

Funds made available to a person under this paragraph may not

be used for -

(i) any private nonprofit facility located in a regulatory

floodway (as defined in section 59.1 of title 44, Code of

Federal Regulations (or a successor regulation)); or

(ii) any uninsured private nonprofit facility located in a

special flood hazard area identified by the Director of the

Federal Emergency Management Agency under the National Flood

Insurance Act of 1968 (42 U.S.C. 4001 et seq.).

(d) Flood insurance

(1) Reduction of Federal assistance

If a public facility or private nonprofit facility located in a

special flood hazard area identified for more than 1 year by the

Director pursuant to the National Flood Insurance Act of 1968 (42

U.S.C. 4001 et seq.) is damaged or destroyed, after the 180th day

following November 23, 1988, by flooding in a major disaster and

such facility is not covered on the date of such flooding by

flood insurance, the Federal assistance which would otherwise be

available under this section with respect to repair, restoration,

reconstruction, and replacement of such facility and associated

expenses shall be reduced in accordance with paragraph (2).

(2) Amount of reduction

The amount of a reduction in Federal assistance under this

section with respect to a facility shall be the lesser of -

(A) the value of such facility on the date of the flood

damage or destruction, or

(B) the maximum amount of insurance proceeds which would have

been payable with respect to such facility if such facility had

been covered by flood insurance under the National Flood

Insurance Act of 1968 on such date.

(3) Exception

Paragraphs (1) and (2) shall not apply to a private nonprofit

facility which is not covered by flood insurance solely because

of the local government's failure to participate in the flood

insurance program established by the National Flood Insurance

Act.

(4) Dissemination of information

The President shall disseminate information regarding the

reduction in Federal assistance provided for by this subsection

to State and local governments and the owners and operators of

private nonprofit facilities who may be affected by such a

reduction.

(e) Eligible cost

(1) Determination

(A) In general

For the purposes of this section, the President shall

estimate the eligible cost of repairing, restoring,

reconstructing, or replacing a public facility or private

nonprofit facility -

(i) on the basis of the design of the facility as the

facility existed immediately before the major disaster; and

(ii) in conformity with codes, specifications, and

standards (including floodplain management and hazard

mitigation criteria required by the President or under the

Coastal Barrier Resources Act (16 U.S.C. 3501 et seq.))

applicable at the time at which the disaster occurred.

(B) Cost estimation procedures

(i) In general

Subject to paragraph (2), the President shall use the cost

estimation procedures established under paragraph (3) to

determine the eligible cost under this subsection.

(ii) Applicability

The procedures specified in this paragraph and paragraph

(2) shall apply only to projects the eligible cost of which

is equal to or greater than the amount specified in section

5189 of this title.

(2) Modification of eligible cost

(A) Actual cost greater than ceiling percentage of estimated

cost

In any case in which the actual cost of repairing, restoring,

reconstructing, or replacing a facility under this section is

greater than the ceiling percentage established under paragraph

(3) of the cost estimated under paragraph (1), the President

may determine that the eligible cost includes a portion of the

actual cost of the repair, restoration, reconstruction, or

replacement that exceeds the cost estimated under paragraph

(1).

(B) Actual cost less than estimated cost

(i) Greater than or equal to floor percentage of estimated

cost

In any case in which the actual cost of repairing,

restoring, reconstructing, or replacing a facility under this

section is less than 100 percent of the cost estimated under

paragraph (1), but is greater than or equal to the floor

percentage established under paragraph (3) of the cost

estimated under paragraph (1), the State or local government

or person receiving funds under this section shall use the

excess funds to carry out cost-effective activities that

reduce the risk of future damage, hardship, or suffering from

a major disaster.

(ii) Less than floor percentage of estimated cost

In any case in which the actual cost of repairing,

restoring, reconstructing, or replacing a facility under this

section is less than the floor percentage established under

paragraph (3) of the cost estimated under paragraph (1), the

State or local government or person receiving assistance

under this section shall reimburse the President in the

amount of the difference.

(C) No effect on appeals process

Nothing in this paragraph affects any right of appeal under

section 5189a of this title.

(3) Expert panel

(A) Establishment

Not later than 18 months after October 30, 2000, the

President, acting through the Director of the Federal Emergency

Management Agency, shall establish an expert panel, which shall

include representatives from the construction industry and

State and local government.

(B) Duties

The expert panel shall develop recommendations concerning -

(i) procedures for estimating the cost of repairing,

restoring, reconstructing, or replacing a facility consistent

with industry practices; and

(ii) the ceiling and floor percentages referred to in

paragraph (2).

(C) Regulations

Taking into account the recommendations of the expert panel

under subparagraph (B), the President shall promulgate

regulations that establish -

(i) cost estimation procedures described in subparagraph

(B)(i); and

(ii) the ceiling and floor percentages referred to in

paragraph (2).

(D) Review by President

Not later than 2 years after the date of promulgation of

regulations under subparagraph (C) and periodically thereafter,

the President shall review the cost estimation procedures and

the ceiling and floor percentages established under this

paragraph.

(E) Report to Congress

Not later than 1 year after the date of promulgation of

regulations under subparagraph (C), 3 years after that date,

and at the end of each 2-year period thereafter, the expert

panel shall submit to Congress a report on the appropriateness

of the cost estimation procedures.

(4) Special rule

In any case in which the facility being repaired, restored,

reconstructed, or replaced under this section was under

construction on the date of the major disaster, the cost of

repairing, restoring, reconstructing, or replacing the facility

shall include, for the purposes of this section, only those costs

that, under the contract for the construction, are the owner's

responsibility and not the contractor's responsibility.

-SOURCE-

(Pub. L. 93-288, title IV, Sec. 406, as added Pub. L. 100-707,

title I, Sec. 106(b), Nov. 23, 1988, 102 Stat. 4699; amended Pub.

L. 106-390, title II, Sec. 205(a)-(d)(1), (e), Oct. 30, 2000, 114

Stat. 1562-1564, 1566.)

-REFTEXT-

REFERENCES IN TEXT

The National Flood Insurance Act of 1968, referred to in subsecs.

(c)(1)(D)(ii), (2)(C)(ii) and (d)(1), (2)(B), is title XIII of Pub.

L. 90-448, Aug. 1, 1968, 82 Stat. 572, as amended, which is

classified principally to chapter 50 (Sec. 4001 et seq.) of this

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

Short Title note set out under section 4001 of this title and

Tables.

The National Flood Insurance Act, referred to in subsec. (d)(3),

probably means the National Flood Insurance Act of 1968. See above.

The Coastal Barrier Resources Act, referred to in subsec.

(e)(1)(A)(ii), is Pub. L. 97-348, Oct. 18, 1982, 96 Stat. 1653, as

amended, which is classified principally to chapter 55 (Sec. 3501

et seq.) of Title 16, Conservation. For complete classification of

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

3501 of Title 16 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 5172, Pub. L. 93-288, title IV, Sec. 402, May 22,

1974, 88 Stat. 153, related to repair and restoration of damaged

facilities, prior to repeal by Pub. L. 100-707, Sec. 106(b).

A prior section 406 of Pub. L. 93-288 was renumbered section 409

by Pub. L. 100-707 and is classified to section 5176 of this title.

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-390, Sec. 205(a), added subsec.

(a) and struck out heading and text of former subsec. (a). Text

read as follows: "The President may make contributions -

"(1) to a State or local government for the repair,

restoration, reconstruction, or replacement of a public facility

which is damaged or destroyed by a major disaster and for

associated expenses incurred by such government; and

"(2) to a person who owns or operates a private nonprofit

facility damaged or destroyed by a major disaster for the repair,

restoration, reconstruction, or replacement of such facility and

for associated expenses incurred by such person."

Subsec. (b). Pub. L. 106-390, Sec. 205(b), added subsec. (b) and

struck out heading and text of former subsec. (b). Text read as

follows: "The Federal share of assistance under this section shall

be not less than -

"(1) 75 percent of the net eligible cost of repair,

restoration, reconstruction, or replacement carried out under

this section;

"(2) 100 percent of associated expenses described in

subsections (f)(1) and (f)(2) of this section; and

"(3) 75 percent of associated expenses described in subsections

(f)(3), (f)(4), and (f)(5) of this section."

Subsec. (c). Pub. L. 106-390, Sec. 205(c), added subsec. (c) and

struck out heading and text of former subsec. (c) which provided

that, upon a determination that the public welfare would not be

best served by repairing, restoring, reconstructing, or replacing

either a public facility or a private nonprofit facility, an

election could be made to receive, in lieu of a contribution under

subsec. (a), a contribution of not to exceed 90 percent of the

Federal share of the Federal estimate of the cost of repairing,

restoring, reconstructing, or replacing the facility and of

associated expenses, with the restriction that such funds not be

used for any State or local government cost-sharing contribution

required under this chapter.

Subsec. (e). Pub. L. 106-390, Sec. 205(d)(1), added subsec. (e)

and struck out heading and text of former subsec. (e). Text read as

follows:

"(1) General rule. - For purposes of this section, the cost of

repairing, restoring, reconstructing, or replacing a public

facility or private nonprofit facility on the basis of the design

of such facility as it existed immediately prior to the major

disaster and in conformity with current applicable codes,

specifications, and standards (including floodplain management and

hazard mitigation criteria required by the President or by the

Coastal Barrier Resources Act (16 U.S.C. 3501 et seq.)) shall, at a

minimum, be treated as the net eligible cost of such repair,

restoration, reconstruction, or replacement.

"(2) Special rule. - In any case in which the facility being

repaired, restored, reconstructed, or replaced under this section

was under construction on the date of the major disaster, the cost

of repairing, restoring, reconstructing, or replacing such facility

shall include, for purposes of this section, only those costs

which, under the contract for such construction, are the owner's

responsibility and not the contractor's responsibility."

Subsec. (f). Pub. L. 106-390, Sec. 205(e), struck out subsec. (f)

which set out various associated expenses, including necessary and

extraordinary costs, and costs of using the National Guard and

prison labor.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-390, title II, Sec. 205(d)(2), Oct. 30, 2000, 114

Stat. 1566, provided that: "The amendment made by paragraph (1)

[amending this section] takes effect on the date of the enactment

of this Act [Oct. 30, 2000] and applies to funds appropriated after

the date of the enactment of this Act, except that paragraph (1) of

section 406(e) of the Robert T. Stafford Disaster Relief and

Emergency Assistance Act [subsec. (e)(1) of this section] (as

amended by paragraph (1)) takes effect on the date on which the

cost estimation procedures established under paragraph (3) of that

section take effect."

-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 5154, 5159, 5189, 5204a,

5204c of this title; title 16 section 1536.

-End-

-CITE-

42 USC Sec. 5173 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV - MAJOR DISASTER ASSISTANCE PROGRAMS

-HEAD-

Sec. 5173. Debris removal

-STATUTE-

(a) Presidential authority

The President, whenever he determines it to be in the public

interest, is authorized -

(1) through the use of Federal departments, agencies, and

instrumentalities, to clear debris and wreckage resulting from a

major disaster from publicly and privately owned lands and

waters; and

(2) to make grants to any State or local government or owner or

operator of a private nonprofit facility for the purpose of

removing debris or wreckage resulting from a major disaster from

publicly or privately owned lands and waters.

(b) Authorization by State or local government; indemnification

agreement

No authority under this section shall be exercised unless the

affected State or local government shall first arrange an

unconditional authorization for removal of such debris or wreckage

from public and private property, and, in the case of removal of

debris or wreckage from private property, shall first agree to

indemnify the Federal Government against any claim arising from

such removal.

(c) Rules relating to large lots

The President shall issue rules which provide for recognition of

differences existing among urban, suburban, and rural lands in

implementation of this section so as to facilitate adequate removal

of debris and wreckage from large lots.

(d) Federal share

The Federal share of assistance under this section shall be not

less than 75 percent of the eligible cost of debris and wreckage

removal carried out under this section.

-SOURCE-

(Pub. L. 93-288, title IV, Sec. 407, formerly Sec. 403, May 22,

1974, 88 Stat. 154; renumbered Sec. 407 and amended Pub. L.

100-707, title I, Sec. 106(c), Nov. 23, 1988, 102 Stat. 4701.)

-MISC1-

PRIOR PROVISIONS

A prior section 407 of Pub. L. 93-288 was renumbered section 410

by Pub. L. 100-707 and is classified to section 5177 of this title.

AMENDMENTS

1988 - Subsec. (a)(2). Pub. L. 100-707, Sec. 106(c)(2), inserted

"or owner or operator of a private nonprofit facility" after "local

government".

Subsecs. (c), (d). Pub. L. 100-707, Sec. 106(c)(3), added

subsecs. (c) and (d).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5159, 5170b, 5189, 5192,

5204c of this title.

-End-

-CITE-

42 USC Sec. 5174 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV - MAJOR DISASTER ASSISTANCE PROGRAMS

-HEAD-

Sec. 5174. Federal assistance to individuals and households

-STATUTE-

(a) In general

(1) Provision of assistance

In accordance with this section, the President, in consultation

with the Governor of a State, may provide financial assistance,

and, if necessary, direct services, to individuals and households

in the State who, as a direct result of a major disaster, have

necessary expenses and serious needs in cases in which the

individuals and households are unable to meet such expenses or

needs through other means.

(2) Relationship to other assistance

Under paragraph (1), an individual or household shall not be

denied assistance under paragraph (1), (3), or (4) of subsection

(c) of this section solely on the basis that the individual or

household has not applied for or received any loan or other

financial assistance from the Small Business Administration or

any other Federal agency.

(b) Housing assistance

(1) Eligibility

The President may provide financial or other assistance under

this section to individuals and households to respond to the

disaster-related housing needs of individuals and households who

are displaced from their predisaster primary residences or whose

predisaster primary residences are rendered uninhabitable as a

result of damage caused by a major disaster.

(2) Determination of appropriate types of assistance

(A) In general

The President shall determine appropriate types of housing

assistance to be provided under this section to individuals and

households described in subsection (a)(1) of this section based

on considerations of cost effectiveness, convenience to the

individuals and households, and such other factors as the

President may consider appropriate.

(B) Multiple types of assistance

One or more types of housing assistance may be made available

under this section, based on the suitability and availability

of the types of assistance, to meet the needs of individuals

and households in the particular disaster situation.

(c) Types of housing assistance

(1) Temporary housing

(A) Financial assistance

(i) In general

The President may provide financial assistance to

individuals or households to rent alternate housing

accommodations, existing rental units, manufactured housing,

recreational vehicles, or other readily fabricated dwellings.

(ii) Amount

The amount of assistance under clause (i) shall be based on

the fair market rent for the accommodation provided plus the

cost of any transportation, utility hookups, or unit

installation not provided directly by the President.

(B) Direct assistance

(i) In general

The President may provide temporary housing units, acquired

by purchase or lease, directly to individuals or households

who, because of a lack of available housing resources, would

be unable to make use of the assistance provided under

subparagraph (A).

(ii) Period of assistance

The President may not provide direct assistance under

clause (i) with respect to a major disaster after the end of

the 18-month period beginning on the date of the declaration

of the major disaster by the President, except that the

President may extend that period if the President determines

that due to extraordinary circumstances an extension would be

in the public interest.

(iii) Collection of rental charges

After the end of the 18-month period referred to in clause

(ii), the President may charge fair market rent for each

temporary housing unit provided.

(2) Repairs

(A) In general

The President may provide financial assistance for -

(i) the repair of owner-occupied private residences,

utilities, and residential infrastructure (such as a private

access route) damaged by a major disaster to a safe and

sanitary living or functioning condition; and

(ii) eligible hazard mitigation measures that reduce the

likelihood of future damage to such residences, utilities, or

infrastructure.

(B) Relationship to other assistance

A recipient of assistance provided under this paragraph shall

not be required to show that the assistance can be met through

other means, except insurance proceeds.

(C) Maximum amount of assistance

The amount of assistance provided to a household under this

paragraph shall not exceed $5,000, as adjusted annually to

reflect changes in the Consumer Price Index for All Urban

Consumers published by the Department of Labor.

(3) Replacement

(A) In general

The President may provide financial assistance for the

replacement of owner-occupied private residences damaged by a

major disaster.

(B) Maximum amount of assistance

The amount of assistance provided to a household under this

paragraph shall not exceed $10,000, as adjusted annually to

reflect changes in the Consumer Price Index for All Urban

Consumers published by the Department of Labor.

(C) Applicability of flood insurance requirement

With respect to assistance provided under this paragraph, the

President may not waive any provision of Federal law requiring

the purchase of flood insurance as a condition of the receipt

of Federal disaster assistance.

(4) Permanent housing construction

The President may provide financial assistance or direct

assistance to individuals or households to construct permanent

housing in insular areas outside the continental United States

and in other remote locations in cases in which -

(A) no alternative housing resources are available; and

(B) the types of temporary housing assistance described in

paragraph (1) are unavailable, infeasible, or not

cost-effective.

(d) Terms and conditions relating to housing assistance

(1) Sites

(A) In general

Any readily fabricated dwelling provided under this section

shall, whenever practicable, be located on a site that -

(i) is complete with utilities; and

(ii) is provided by the State or local government, by the

owner of the site, or by the occupant who was displaced by

the major disaster.

(B) Sites provided by the President

A readily fabricated dwelling may be located on a site

provided by the President if the President determines that such

a site would be more economical or accessible.

(2) Disposal of units

(A) Sale to occupants

(i) In general

Notwithstanding any other provision of law, a temporary

housing unit purchased under this section by the President

for the purpose of housing disaster victims may be sold

directly to the individual or household who is occupying the

unit if the individual or household lacks permanent housing.

(ii) Sale price

A sale of a temporary housing unit under clause (i) shall

be at a price that is fair and equitable.

(iii) Deposit of proceeds

Notwithstanding any other provision of law, the proceeds of

a sale under clause (i) shall be deposited in the appropriate

Disaster Relief Fund account.

(iv) Hazard and flood insurance

A sale of a temporary housing unit under clause (i) shall

be made on the condition that the individual or household

purchasing the housing unit agrees to obtain and maintain

hazard and flood insurance on the housing unit.

(v) Use of GSA services

The President may use the services of the General Services

Administration to accomplish a sale under clause (i).

(B) Other methods of disposal

If not disposed of under subparagraph (A), a temporary

housing unit purchased under this section by the President for

the purpose of housing disaster victims -

(i) may be sold to any person; or

(ii) may be sold, transferred, donated, or otherwise made

available directly to a State or other governmental entity or

to a voluntary organization for the sole purpose of providing

temporary housing to disaster victims in major disasters and

emergencies if, as a condition of the sale, transfer, or

donation, the State, other governmental agency, or voluntary

organization agrees -

(I) to comply with the nondiscrimination provisions of

section 5151 of this title; and

(II) to obtain and maintain hazard and flood insurance on

the housing unit.

(e) Financial assistance to address other needs

(1) Medical, dental, and funeral expenses

The President, in consultation with the Governor of a State,

may provide financial assistance under this section to an

individual or household in the State who is adversely affected by

a major disaster to meet disaster-related medical, dental, and

funeral expenses.

(2) Personal property, transportation, and other expenses

The President, in consultation with the Governor of a State,

may provide financial assistance under this section to an

individual or household described in paragraph (1) to address

personal property, transportation, and other necessary expenses

or serious needs resulting from the major disaster.

(f) State role

(1) Financial assistance to address other needs

(A) Grant to State

Subject to subsection (g) of this section, a Governor may

request a grant from the President to provide financial

assistance to individuals and households in the State under

subsection (e) of this section.

(B) Administrative costs

A State that receives a grant under subparagraph (A) may

expend not more than 5 percent of the amount of the grant for

the administrative costs of providing financial assistance to

individuals and households in the State under subsection (e) of

this section.

(2) Access to records

In providing assistance to individuals and households under

this section, the President shall provide for the substantial and

ongoing involvement of the States in which the individuals and

households are located, including by providing to the States

access to the electronic records of individuals and households

receiving assistance under this section in order for the States

to make available any additional State and local assistance to

the individuals and households.

(g) Cost sharing

(1) Federal share

Except as provided in paragraph (2), the Federal share of the

costs eligible to be paid using assistance provided under this

section shall be 100 percent.

(2) Financial assistance to address other needs

In the case of financial assistance provided under subsection

(e) of this section -

(A) the Federal share shall be 75 percent; and

(B) the non-Federal share shall be paid from funds made

available by the State.

(h) Maximum amount of assistance

(1) In general

No individual or household shall receive financial assistance

greater than $25,000 under this section with respect to a single

major disaster.

(2) Adjustment of limit

The limit established under paragraph (1) shall be adjusted

annually to reflect changes in the Consumer Price Index for All

Urban Consumers published by the Department of Labor.

(i) Rules and regulations

The President shall prescribe rules and regulations to carry out

this section, including criteria, standards, and procedures for

determining eligibility for assistance.

-SOURCE-

(Pub. L. 93-288, title IV, Sec. 408, as added Pub. L. 100-707,

title I, Sec. 106(d), Nov. 23, 1988, 102 Stat. 4702; amended Pub.

L. 106-390, title II, Sec. 206(a), Oct. 30, 2000, 114 Stat. 1566.)

-MISC1-

PRIOR PROVISIONS

A prior section 5174, Pub. L. 93-288, title IV, Sec. 404, May 22,

1974, 88 Stat. 154, related to temporary housing assistance, prior

to repeal by Pub. L. 100-707, Sec. 106(d).

A prior section 408 of Pub. L. 93-288 was classified to section

5178 of this title and to a note set out under section 5178 of this

title prior to repeal by Pub. L. 100-707.

AMENDMENTS

2000-Pub. L. 106-390 amended section catchline and text

generally. Prior to amendment, text provided for temporary housing

assistance through provision of temporary housing, temporary

mortgage and rental payment assistance, expenditures to repair or

restore owner-occupied private residential structures made

uninhabitable by a major disaster which are capable of being

restored quickly, and transfer of temporary housing to occupants or

to States, local governments, and voluntary organizations, required

notification to applicants for assistance, and set out location

factors to be given consideration in the provision of assistance.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-390, title II, Sec. 206(d), Oct. 30, 2000, 114 Stat.

1571, provided that: "The amendments made by this section [amending

this section and section 5192 of this title and repealing section

5178 of this title] take effect 18 months after the date of the

enactment of this Act [Oct. 30, 2000]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5192, 5204c of this

title.

-End-

-CITE-

42 USC Sec. 5175 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV - MAJOR DISASTER ASSISTANCE PROGRAMS

-HEAD-

Sec. 5175. Repealed. Pub. L. 100-707, title I, Sec. 105(m)(2), Nov.

23, 1988, 102 Stat. 4696

-MISC1-

Section, Pub. L. 93-288, title IV, Sec. 405, May 22, 1974, 88

Stat. 155, related to protection of environment.

-End-

-CITE-

42 USC Sec. 5176 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV - MAJOR DISASTER ASSISTANCE PROGRAMS

-HEAD-

Sec. 5176. Repealed. Pub. L. 106-390, title I, Sec. 104(c)(2), Oct.

30, 2000, 114 Stat. 1559

-MISC1-

Section, Pub. L. 93-288, title IV, Sec. 409, formerly Sec. 406,

May 22, 1974, 88 Stat. 155; renumbered Sec. 409, Pub. L. 100-707,

title I, Sec. 106(e), Nov. 23, 1988, 102 Stat. 4703, related to

minimum standards for public and private structures.

A prior section 409 of Pub. L. 93-288 was renumbered section 412

by Pub. L. 100-707 and is classified to section 5179 of this title.

-End-

-CITE-

42 USC Sec. 5177 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV - MAJOR DISASTER ASSISTANCE PROGRAMS

-HEAD-

Sec. 5177. Unemployment assistance

-STATUTE-

(a) Benefit assistance

The President is authorized to provide to any individual

unemployed as a result of a major disaster such benefit assistance

as he deems appropriate while such individual is unemployed for the

weeks of such unemployment with respect to which the individual is

not entitled to any other unemployment compensation (as that term

is defined in section 85(b) of title 26) or waiting period credit.

Such assistance as the President shall provide shall be available

to an individual as long as the individual's unemployment caused by

the major disaster continues or until the individual is reemployed

in a suitable position, but no longer than 26 weeks after the major

disaster is declared. Such assistance for a week of unemployment

shall not exceed the maximum weekly amount authorized under the

unemployment compensation law of the State in which the disaster

occurred. The President is directed to provide such assistance

through agreements with States which, in his judgment, have an

adequate system for administering such assistance through existing

State agencies.

(b) Reemployment assistance

(1) State assistance

A State shall provide, without reimbursement from any funds

provided under this chapter, reemployment assistance services

under any other law administered by the State to individuals

receiving benefits under this section.

(2) Federal assistance

The President may provide reemployment assistance services

under other laws to individuals who are unemployed as a result of

a major disaster and who reside in a State which does not provide

such services.

-SOURCE-

(Pub. L. 93-288, title IV, Sec. 410, formerly Sec. 407, May 22,

1974, 88 Stat. 156; renumbered Sec. 410 and amended Pub. L.

100-707, title I, Sec. 106(e), (f), Nov. 23, 1988, 102 Stat. 4703,

4704.)

-MISC1-

PRIOR PROVISIONS

A prior section 410 of Pub. L. 93-288 was renumbered section 413

by Pub. L. 100-707 and is classified to section 5180 of this title.

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-707, Sec. 106(f)(1)-(3), inserted

"for the weeks of such unemployment with respect to which the

individual is not entitled to any other unemployment compensation

(as that term is defined in section 85(b) of title 26) or waiting

period credit" for "is unemployed" before period at end of first

sentence, substituted "26 weeks" for "one year" in second sentence,

and substituted "occurred" for "occurred, and the amount of

assistance under this section to any such individual for a week of

unemployment shall be reduced by any amount of unemployment

compensation or of private income protection insurance compensation

available to such individual for such week of unemployment" in

third sentence.

Subsec. (b). Pub. L. 100-707, Sec. 106(f)(4), inserted heading

and amended text generally. Prior to amendment, text read as

follows: "The President is further authorized for the purposes of

this chapter to provide reemployment assistance services under

other laws to individuals who are unemployed as a result of a major

disaster."

-End-

-CITE-

42 USC Sec. 5177a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV - MAJOR DISASTER ASSISTANCE PROGRAMS

-HEAD-

Sec. 5177a. Emergency grants to assist low-income migrant and

seasonal farmworkers

-STATUTE-

(a) In general

The Secretary of Agriculture may make grants to public agencies

or private organizations with tax exempt status under section

501(c)(3) of title 26, that have experience in providing emergency

services to low-income migrant and seasonal farmworkers where the

Secretary determines that a local, State or national emergency or

disaster has caused low-income migrant or seasonal farmworkers to

lose income, to be unable to work, or to stay home or return home

in anticipation of work shortages. Emergency services to be

provided with assistance received under this section may include

such types of assistance as the Secretary of Agriculture determines

to be necessary and appropriate.

(b) "Low-income migrant or seasonal farmworker" defined

For the purposes of this section, the term "low-income migrant or

seasonal farmworker" means an individual -

(1) who has, during any consecutive 12 month period within the

preceding 24 month period, performed farm work for wages;

(2) who has received not less than one-half of such

individual's total income, or been employed at least one-half of

total work time in farm work; and

(3) whose annual family income within the 12 month period

referred to in paragraph (1) does not exceed the higher of the

poverty level or 70 percent of the lower living standard income

level.

(c) Authorization of appropriations

There are authorized to be appropriated such sums as may be

necessary to carry out this section.

-SOURCE-

(Pub. L. 101-624, title XXII, Sec. 2281, Nov. 28, 1990, 104 Stat.

3978; Pub. L. 107-171, title X, Sec. 10102, May 13, 2002, 116 Stat.

488.)

-COD-

CODIFICATION

Section was enacted as part of the Food, Agriculture,

Conservation, and Trade Act of 1990, and not as part of the Robert

T. Stafford Disaster Relief and Emergency Assistance Act which

comprises this chapter.

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-171 struck out ", not to exceed

$20,000,000 annually," after "Secretary of Agriculture may make

grants".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 section 917; title 19

section 3391.

-End-

-CITE-

42 USC Sec. 5178 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV - MAJOR DISASTER ASSISTANCE PROGRAMS

-HEAD-

Sec. 5178. Repealed. Pub. L. 106-390, title II, Sec. 206(c), Oct.

30, 2000, 114 Stat. 1571

-MISC1-

Section, Pub. L. 93-288, title IV, Sec. 411, as added Pub. L.

100-707, title I, Sec. 106(g), Nov. 23, 1988, 102 Stat. 4704,

related to individual and family grant programs.

EFFECTIVE DATE OF REPEAL

Repeal effective 18 months after Oct. 30, 2000, see section

206(d) of Pub. L. 106-390, set out as an Effective Date of 2000

Amendment note under section 5174 of this title.

PRIOR PROVISIONS

A prior section 5178, Pub. L. 93-288, title IV, Sec. 408, May 22,

1974, 88 Stat. 156, related to individual and family grant

programs, prior to repeal by Pub. L. 100-707, Sec. 106(g).

A prior section 411 of Pub. L. 93-288 was renumbered section 414

by Pub. L. 100-707 and is classified to section 5181 of this title.

-End-

-CITE-

42 USC Sec. 5179 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV - MAJOR DISASTER ASSISTANCE PROGRAMS

-HEAD-

Sec. 5179. Food coupons and distribution

-STATUTE-

(a) Persons eligible; terms and conditions

Whenever the President determines that, as a result of a major

disaster, low-income households are unable to purchase adequate

amounts of nutritious food, he is authorized, under such terms and

conditions as he may prescribe, to distribute through the Secretary

of Agriculture or other appropriate agencies coupon allotments to

such households pursuant to the provisions of the Food Stamp Act of

1964 (P.L. 91-671; 84 Stat. 2048) [7 U.S.C. 2011 et seq.] and to

make surplus commodities available pursuant to the provisions of

this chapter.

(b) Duration of assistance; factors considered

The President, through the Secretary of Agriculture or other

appropriate agencies, is authorized to continue to make such coupon

allotments and surplus commodities available to such households for

so long as he determines necessary, taking into consideration such

factors as he deems appropriate, including the consequences of the

major disaster on the earning power of the households, to which

assistance is made available under this section.

(c) Food Stamp Act provisions unaffected

Nothing in this section shall be construed as amending or

otherwise changing the provisions of the Food Stamp Act of 1964 [7

U.S.C. 2011 et seq.] except as they relate to the availability of

food stamps in an area affected by a major disaster.

-SOURCE-

(Pub. L. 93-288, title IV, Sec. 412, formerly Sec. 409, May 22,

1974, 88 Stat. 157; renumbered Sec. 412, Pub. L. 100-707, title I,

Sec. 106(h), Nov. 23, 1988, 102 Stat. 4705.)

-REFTEXT-

REFERENCES IN TEXT

The Food Stamp Act of 1964, referred to in subsecs. (a) and (c),

is Pub. L. 88-525, Aug. 31, 1964, 78 Stat. 703, as amended, known

as the Food Stamp Act of 1977, which is classified generally to

chapter 51 (Sec. 2011 et seq.) of Title 7, Agriculture. For

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

note set out under section 2011 of Title 7 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 412 of Pub. L. 93-288 was renumbered section 415

by Pub. L. 100-707 and is classified to section 5182 of this title.

-TRANS-

DELEGATION OF FUNCTIONS

Secretary of Agriculture designated and empowered to exercise,

without approval, ratification, or other action of President, all

authority vested in President by this section concerning food

coupons and distribution, see section 3 of Ex. Ord. No. 11795, as

amended, set out as a note under section 5121 of this title.

-End-

-CITE-

42 USC Sec. 5180 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV - MAJOR DISASTER ASSISTANCE PROGRAMS

-HEAD-

Sec. 5180. Food commodities

-STATUTE-

(a) Emergency mass feeding

The President is authorized and directed to assure that adequate

stocks of food will be ready and conveniently available for

emergency mass feeding or distribution in any area of the United

States which suffers a major disaster or emergency.

(b) Funds for purchase of food commodities

The Secretary of Agriculture shall utilize funds appropriated

under section 612c of title 7, to purchase food commodities

necessary to provide adequate supplies for use in any area of the

United States in the event of a major disaster or emergency in such

area.

-SOURCE-

(Pub. L. 93-288, title IV, Sec. 413, formerly Sec. 410, May 22,

1974, 88 Stat. 157; renumbered Sec. 413, Pub. L. 100-707, title I,

Sec. 106(h), Nov. 23, 1988, 102 Stat. 4705.)

-MISC1-

PRIOR PROVISIONS

A prior section 413 of Pub. L. 93-288 was renumbered section 416

by Pub. L. 100-707 and is classified to section 5183 of this title.

-End-

-CITE-

42 USC Sec. 5181 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV - MAJOR DISASTER ASSISTANCE PROGRAMS

-HEAD-

Sec. 5181. Relocation assistance

-STATUTE-

Notwithstanding any other provision of law, no person otherwise

eligible for any kind of replacement housing payment under the

Uniform Relocation Assistance and Real Property Acquisition

Policies Act of 1970 (P.L. 91-646) [42 U.S.C. 4601 et seq.] shall

be denied such eligibility as a result of his being unable, because

of a major disaster as determined by the President, to meet the

occupancy requirements set by such Act.

-SOURCE-

(Pub. L. 93-288, title IV, Sec. 414, formerly Sec. 411, May 22,

1974, 88 Stat. 157; renumbered Sec. 414, Pub. L. 100-707, title I,

Sec. 106(h), Nov. 23, 1988, 102 Stat. 4705.)

-REFTEXT-

REFERENCES IN TEXT

The Uniform Relocation Assistance and Real Property Acquisition

Policies Act of 1970, referred to in text, is Pub. L. 91-646, Jan.

2, 1971, 84 Stat. 1894, as amended, which is classified principally

to chapter 61 (Sec. 4601 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 4601 of this title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 414(a), (b) of Pub. L. 93-288 was renumbered

section 417(a), (b) by Pub. L. 100-707 and is classified to section

5184 of this title.

-End-

-CITE-

42 USC Sec. 5182 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV - MAJOR DISASTER ASSISTANCE PROGRAMS

-HEAD-

Sec. 5182. Legal services

-STATUTE-

Whenever the President determines that low-income individuals are

unable to secure legal services adequate to meet their needs as a

consequence of a major disaster, consistent with the goals of the

programs authorized by this chapter, the President shall assure

that such programs are conducted with the advice and assistance of

appropriate Federal agencies and State and local bar associations.

-SOURCE-

(Pub. L. 93-288, title IV, Sec. 415, formerly Sec. 412, May 22,

1974, 88 Stat. 157; renumbered Sec. 415, Pub. L. 100-707, title I,

Sec. 106(h), Nov. 23, 1988, 102 Stat. 4705.)

-MISC1-

PRIOR PROVISIONS

A prior section 415 of Pub. L. 93-288 was renumbered section 418

by Pub. L. 100-707 and is classified to section 5185 of this title.

-End-

-CITE-

42 USC Sec. 5183 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV - MAJOR DISASTER ASSISTANCE PROGRAMS

-HEAD-

Sec. 5183. Crisis counseling assistance and training

-STATUTE-

The President is authorized to provide professional counseling

services, including financial assistance to State or local agencies

or private mental health organizations to provide such services or

training of disaster workers, to victims of major disasters in

order to relieve mental health problems caused or aggravated by

such major disaster or its aftermath.

-SOURCE-

(Pub. L. 93-288, title IV, Sec. 416, formerly Sec. 413, May 22,

1974, 88 Stat. 157; renumbered Sec. 416 and amended Pub. L.

100-707, title I, Sec. 106(i), Nov. 23, 1988, 102 Stat. 4705.)

-MISC1-

PRIOR PROVISIONS

A prior section 416 of Pub. L. 93-288 was renumbered section 419

by Pub. L. 100-707 and is classified to section 5186 of this title.

AMENDMENTS

1988 - Pub. L. 100-707 struck out "(through the National

Institute of Mental Health)" after "authorized".

-End-

-CITE-

42 USC Sec. 5184 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV - MAJOR DISASTER ASSISTANCE PROGRAMS

-HEAD-

Sec. 5184. Community disaster loans

-STATUTE-

(a) In general

The President is authorized to make loans to any local government

which may suffer a substantial loss of tax and other revenues as a

result of a major disaster, and has demonstrated a need for

financial assistance in order to perform its governmental

functions.

(b) Amount

The amount of any such loan shall be based on need, shall not

exceed 25 per centum of the annual operating budget of that local

government for the fiscal year in which the major disaster occurs,

and shall not exceed $5,000,000.

(c) Repayment

(1) Cancellation

Repayment of all or any part of such loan to the extent that

revenues of the local government during the three full fiscal

year period following the major disaster are insufficient to meet

the operating budget of the local government, including

additional disaster-related expenses of a municipal operation

character shall be cancelled.

(2) Condition on continuing eligibility

A local government shall not be eligible for further assistance

under this section during any period in which the local

government is in arrears with respect to a required repayment of

a loan under this section.

(d) Effect on other assistance

Any loans made under this section shall not reduce or otherwise

affect any grants or other assistance under this chapter.

-SOURCE-

(Pub. L. 93-288, title IV, Sec. 417, formerly Sec. 414(a), (b), May

22, 1974, 88 Stat. 158; renumbered Sec. 417, Pub. L. 100-707, title

I, Sec. 106(j), Nov. 23, 1988, 102 Stat. 4705; Pub. L. 106-390,

title II, Sec. 207, Oct. 30, 2000, 114 Stat. 1571.)

-COD-

CODIFICATION

Prior to renumbering as section 417, section 414 of Pub. L.

93-288 contained a subsec. (c) which was repealed by Pub. L.

97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1082.

-MISC1-

PRIOR PROVISIONS

A prior section 417 of Pub. L. 93-288 was renumbered section 420

by Pub. L. 100-707 and is classified to section 5187 of this title.

AMENDMENTS

2000 - Pub. L. 106-390, Sec. 207(1)-(3), designated first

sentence of subsec. (a) as subsec. (a) and inserted subsec.

heading, designated second sentence of subsec. (a) as subsec. (b)

and inserted subsec. heading, and designated third sentence of

subsec. (a) as subsec. (c)(1) and inserted subsec. and par.

headings. Former subsec. (b) redesignated (d).

Subsec. (b). Pub. L. 106-390, Sec. 207(5), substituted "shall not

exceed" for "and shall not exceed" and inserted before period at

end ", and shall not exceed $5,000,000".

Subsec. (c)(2). Pub. L. 106-390, Sec. 207(6), added par. (2).

Subsec. (d). Pub. L. 106-390, Sec. 207(4), redesignated subsec.

(b) as (d) and inserted subsec. heading.

COMMUNITY EMERGENCY DROUGHT RELIEF

Pub. L. 95-31, title I, May 23, 1977, 91 Stat. 169, provided:

"That this Act be cited as the 'Community Emergency Drought Relief

Act of 1977'.

"Sec. 101. (a) Upon the application of any State, political

subdivision of a State, Indian tribe, or public or private

nonprofit organization, the Secretary of Commerce is authorized to

make grants and loans to applicants in drought impacted areas for

projects that implement short-term actions to augment community

water supplies where there are severe problems due to water

shortages. Such assistance may be for the improvement, expansion,

or construction of water supplies, and purchase and transportation

of water, which in the opinion of the Secretary of Commerce will

make a substantial contribution to the relief of an existing or

threatened drought condition in a designated area.

"(b) The Secretary of Commerce may designate any area in the

United States as an emergency drought impact area if he or she

finds that a major and continuing adverse drought condition exists

and is expected to continue, and such condition is causing

significant hardships on the affected areas.

"(c) Eligible applicants shall be those States or political

subdivisions of States with a population of ten thousand or more,

Indian tribes, or public or private nonprofit organizations within

areas designated pursuant to subsection (b) of this section.

"(d) Projects assisted under this Act shall be only those with

respect to which assurances can be given to the satisfaction of the

Secretary of Commerce that the work can be completed by April 30,

1978, or within such extended time as the Secretary may approve in

exceptional circumstances.

"Sec. 102. Grants hereunder shall be in an amount not to exceed

50 per centum of allowable project costs. Loans shall be for a term

not to exceed 40 years at a per annum interest rate of 5 per centum

and shall be on such terms and conditions as the Secretary of

Commerce shall determine. In determining the amount of a grant

assistance for any project, the Secretary of Commerce may take into

consideration such factors as are established by regulation and are

consistent with the purposes of this Act.

"Sec. 103. In extending assistance under this Act the Secretary

shall take into consideration the relative needs of applicant areas

for the projects for which assistance is requested, and the

appropriateness of the project for relieving the conditions

intended to be alleviated by this Act.

"Sec. 104. The Secretary of Commerce shall have such powers and

authorities under this Act as are vested in the Secretary by

sections 701 and 708 of the Public Works and Economic Development

Act of 1965, as amended [sections 3211 and 3218 of this title],

with respect to that Act [section 3121 et seq. of this title].

"Sec. 105. The National Environmental Protection Act of 1969, as

amended [section 4321 et seq. of this title], shall be implemented

to the fullest extent consistent with but subject to the time

constraints imposed by this Act, and the Secretary of Commerce when

making the final determination regarding an application for

assistance hereunder shall give consideration to the environmental

consequences determined within that period.

"Sec. 106. (a) There is hereby authorized to be appropriated for

the fiscal year ending September 30, 1977, $225,000,000 of which

sum $150,000,000 is to be for the loan program herein, including

administration thereof, and $75,000,000 of which is to be used for

the grant program herein, including administration thereof, and

such additional amounts for the fiscal year ending September 30,

1978, as may be reasonably needed for administrative expenses in

monitoring and closing out the program authorized by the Act. Funds

authorized by this Act shall be obligated by December 31, 1977.

"(b) Funds available to the Secretary for this Act shall be

available for expenditure for drought impact projects conducted

heretofore by eligible applicants during fiscal year 1977 if such

projects are found to be compatible with the broad purposes of this

Act."

-End-

-CITE-

42 USC Sec. 5185 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV - MAJOR DISASTER ASSISTANCE PROGRAMS

-HEAD-

Sec. 5185. Emergency communications

-STATUTE-

The President is authorized during, or in anticipation of, an

emergency or major disaster to establish temporary communications

systems and to make such communications available to State and

local government officials and other persons as he deems

appropriate.

-SOURCE-

(Pub. L. 93-288, title IV, Sec. 418, formerly Sec. 415, May 22,

1974, 88 Stat. 158; renumbered Sec. 418, Pub. L. 100-707, title I,

Sec. 106(j), Nov. 23, 1988, 102 Stat. 4705.)

-MISC1-

PRIOR PROVISIONS

A prior section 418 of Pub. L. 93-288 was renumbered section 421

by Pub. L. 100-707 and is classified to section 5188 of this title.

-End-

-CITE-

42 USC Sec. 5186 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV - MAJOR DISASTER ASSISTANCE PROGRAMS

-HEAD-

Sec. 5186. Emergency public transportation

-STATUTE-

The President is authorized to provide temporary public

transportation service in an area affected by a major disaster to

meet emergency needs and to provide transportation to governmental

offices, supply centers, stores, post offices, schools, major

employment centers, and such other places as may be necessary in

order to enable the community to resume its normal pattern of life

as soon as possible.

-SOURCE-

(Pub. L. 93-288, title IV, Sec. 419, formerly Sec. 416, May 22,

1974, 88 Stat. 158; renumbered Sec. 419, Pub. L. 100-707, title I,

Sec. 106(j), Nov. 23, 1988, 102 Stat. 4705.)

-MISC1-

PRIOR PROVISIONS

A prior section 419 of Pub. L. 93-288 was classified to section

5189 of this title prior to repeal by Pub. L. 100-707.

-End-

-CITE-

42 USC Sec. 5187 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV - MAJOR DISASTER ASSISTANCE PROGRAMS

-HEAD-

Sec. 5187. Fire management assistance

-STATUTE-

(a) In general

The President is authorized to provide assistance, including

grants, equipment, supplies, and personnel, to any State or local

government for the mitigation, management, and control of any fire

on public or private forest land or grassland that threatens such

destruction as would constitute a major disaster.

(b) Coordination with State and tribal departments of forestry

In providing assistance under this section, the President shall

coordinate with State and tribal departments of forestry.

(c) Essential assistance

In providing assistance under this section, the President may use

the authority provided under section 5170b of this title.

(d) Rules and regulations

The President shall prescribe such rules and regulations as are

necessary to carry out this section.

-SOURCE-

(Pub. L. 93-288, title IV, Sec. 420, formerly Sec. 417, May 22,

1974, 88 Stat. 158; renumbered Sec. 420, Pub. L. 100-707, title I,

Sec. 106(j), Nov. 23, 1988, 102 Stat. 4705; Pub. L. 106-390, title

III, Sec. 303(a), Oct. 30, 2000, 114 Stat. 1572.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-390 amended section catchline and text

generally. Prior to amendment, text read as follows: "The President

is authorized to provide assistance, including grants, equipment,

supplies, and personnel, to any State for the suppression of any

fire on publicly or privately owned forest or grassland which

threatens such destruction as would constitute a major disaster."

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-390, title III, Sec. 303(b), Oct. 30, 2000, 114 Stat.

1573, provided that: "The amendment made by subsection (a)

[amending this section] takes effect 1 year after the date of the

enactment of this Act [Oct. 30, 2000]."

-End-

-CITE-

42 USC Sec. 5188 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV - MAJOR DISASTER ASSISTANCE PROGRAMS

-HEAD-

Sec. 5188. Timber sale contracts

-STATUTE-

(a) Cost-sharing arrangement

Where an existing timber sale contract between the Secretary of

Agriculture or the Secretary of the Interior and a timber purchaser

does not provide relief from major physical change not due to

negligence of the purchaser prior to approval of construction of

any section of specified road or of any other specified development

facility and, as a result of a major disaster, a major physical

change results in additional construction work in connection with

such road or facility by such purchaser with an estimated cost, as

determined by the appropriate Secretary, (1) of more than $1,000

for sales under one million board feet, (2) of more than $1 per

thousand board feet for sales of one to three million board feet,

or (3) of more than $3,000 for sales over three million board feet,

such increased construction cost shall be borne by the United

States.

(b) Cancellation of authority

If the appropriate Secretary determines that damages are so great

that restoration, reconstruction, or construction is not practical

under the cost-sharing arrangement authorized by subsection (a) of

this section, he may allow cancellation of a contract entered into

by his Department notwithstanding contrary provisions therein.

(c) Public notice of sale

The Secretary of Agriculture is authorized to reduce to seven

days the minimum period of advance public notice required by

section 476 (!1) of title 16, in connection with the sale of timber

from national forests, whenever the Secretary determines that (1)

the sale of such timber will assist in the construction of any area

of a State damaged by a major disaster, (2) the sale of such timber

will assist in sustaining the economy of such area, or (3) the sale

of such timber is necessary to salvage the value of timber damaged

in such major disaster or to protect undamaged timber.

(d) State grants for removal of damaged timber; reimbursement of

expenses limited to salvage value of removed timber

The President, when he determines it to be in the public

interest, is authorized to make grants to any State or local

government for the purpose of removing from privately owned lands

timber damaged as a result of a major disaster, and such State or

local government is authorized upon application, to make payments

out of such grants to any person for reimbursement of expenses

actually incurred by such person in the removal of damaged timber,

not to exceed the amount that such expenses exceed the salvage

value of such timber.

-SOURCE-

(Pub. L. 93-288, title IV, Sec. 421, formerly Sec. 418, May 22,

1974, 88 Stat. 158; renumbered Sec. 421, Pub. L. 100-707, title I,

Sec. 106(j), Nov. 23, 1988, 102 Stat. 4705.)

-REFTEXT-

REFERENCES IN TEXT

Section 476 of title 16, referred to in subsec. (c), was repealed

by Pub. L. 94-588, Sec. 13, Oct. 22, 1976, 90 Stat. 2958.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 5189 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV - MAJOR DISASTER ASSISTANCE PROGRAMS

-HEAD-

Sec. 5189. Simplified procedure

-STATUTE-

If the Federal estimate of the cost of -

(1) repairing, restoring, reconstructing, or replacing under

section 5172 of this title any damaged or destroyed public

facility or private nonprofit facility,

(2) emergency assistance under section 5170b or 5192 of this

title, or

(3) debris removed under section 5173 of this title,

is less than $35,000, the President (on application of the State or

local government or the owner or operator of the private nonprofit

facility) may make the contribution to such State or local

government or owner or operator under section 5170b, 5172, 5173, or

5192 of this title, as the case may be, on the basis of such

Federal estimate. Such $35,000 amount shall be adjusted annually to

reflect changes in the Consumer Price Index for All Urban Consumers

published by the Department of Labor.

-SOURCE-

(Pub. L. 93-288, title IV, Sec. 422, as added Pub. L. 100-707,

title I, Sec. 106(k), Nov. 23, 1988, 102 Stat. 4705.)

-MISC1-

PRIOR PROVISIONS

A prior section 5189, Pub. L. 93-288, title IV, Sec. 419, May 22,

1974, 88 Stat. 159, related to alternate contributions, prior to

repeal by Pub. L. 100-707, Sec. 106(k).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5154, 5159, 5172 of this

title.

-End-

-CITE-

42 USC Sec. 5189a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV - MAJOR DISASTER ASSISTANCE PROGRAMS

-HEAD-

Sec. 5189a. Appeals of assistance decisions

-STATUTE-

(a) Right of appeal

Any decision regarding eligibility for, from, or amount of

assistance under this subchapter may be appealed within 60 days

after the date on which the applicant for such assistance is

notified of the award or denial of award of such assistance.

(b) Period for decision

A decision regarding an appeal under subsection (a) of this

section shall be rendered within 90 days after the date on which

the Federal official designated to administer such appeals receives

notice of such appeal.

(c) Rules

The President shall issue rules which provide for the fair and

impartial consideration of appeals under this section.

-SOURCE-

(Pub. L. 93-288, title IV, Sec. 423, as added Pub. L. 100-707,

title I, Sec. 106(l), Nov. 23, 1988, 102 Stat. 4705.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5172 of this title.

-End-

-CITE-

42 USC Sec. 5189b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV - MAJOR DISASTER ASSISTANCE PROGRAMS

-HEAD-

Sec. 5189b. Date of eligibility; expenses incurred before date of

disaster

-STATUTE-

Eligibility for Federal assistance under this subchapter shall

begin on the date of the occurrence of the event which results in a

declaration by the President that a major disaster exists; except

that reasonable expenses which are incurred in anticipation of and

immediately preceding such event may be eligible for Federal

assistance under this chapter.

-SOURCE-

(Pub. L. 93-288, title IV, Sec. 424, as added Pub. L. 100-707,

title I, Sec. 106(l), Nov. 23, 1988, 102 Stat. 4706.)

-End-

-CITE-

42 USC SUBCHAPTER IV-A - EMERGENCY ASSISTANCE PROGRAMS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV09A - EMERGENCY ASSISTANCE PROGRAMS

-HEAD-

SUBCHAPTER IV-A - EMERGENCY ASSISTANCE PROGRAMS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 5170b of this title.

-End-

-CITE-

42 USC Sec. 5191 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV09A - EMERGENCY ASSISTANCE PROGRAMS

-HEAD-

Sec. 5191. Procedure for declaration

-STATUTE-

(a) Request and declaration

All requests for a declaration by the President that an emergency

exists shall be made by the Governor of the affected State. Such a

request shall be based on a finding that the situation is of such

severity and magnitude that effective response is beyond the

capabilities of the State and the affected local governments and

that Federal assistance is necessary. As a part of such request,

and as a prerequisite to emergency assistance under this chapter,

the Governor shall take appropriate action under State law and

direct execution of the State's emergency plan. The Governor shall

furnish information describing the State and local efforts and

resources which have been or will be used to alleviate the

emergency, and will define the type and extent of Federal aid

required. Based upon such Governor's request, the President may

declare that an emergency exists.

(b) Certain emergencies involving Federal primary responsibility

The President may exercise any authority vested in him by section

5192 of this title or section 5193 of this title with respect to an

emergency when he determines that an emergency exists for which the

primary responsibility for response rests with the United States

because the emergency involves a subject area for which, under the

Constitution or laws of the United States, the United States

exercises exclusive or preeminent responsibility and authority. In

determining whether or not such an emergency exists, the President

shall consult the Governor of any affected State, if practicable.

The President's determination may be made without regard to

subsection (a) of this section.

-SOURCE-

(Pub. L. 93-288, title V, Sec. 501, as added Pub. L. 100-707, title

I, Sec. 107(a), Nov. 23, 1988, 102 Stat. 4706.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), 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-

PRIOR PROVISIONS

A prior section 501 of Pub. L. 93-288 enacted subchapter VIII

(Sec. 3231 et seq.) of chapter 38 of this title.

-End-

-CITE-

42 USC Sec. 5192 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV09A - EMERGENCY ASSISTANCE PROGRAMS

-HEAD-

Sec. 5192. Federal emergency assistance

-STATUTE-

(a) Specified

In any emergency, the President may -

(1) direct any Federal agency, with or without reimbursement,

to utilize its authorities and the resources granted to it under

Federal law (including personnel, equipment, supplies,

facilities, and managerial, technical and advisory services) in

support of State and local emergency assistance efforts to save

lives, protect property and public health and safety, and lessen

or avert the threat of a catastrophe;

(2) coordinate all disaster relief assistance (including

voluntary assistance) provided by Federal agencies, private

organizations, and State and local governments;

(3) provide technical and advisory assistance to affected State

and local governments for -

(A) the performance of essential community services;

(B) issuance of warnings of risks or hazards;

(C) public health and safety information, including

dissemination of such information;

(D) provision of health and safety measures; and

(E) management, control, and reduction of immediate threats

to public health and safety;

(4) provide emergency assistance through Federal agencies;

(5) remove debris in accordance with the terms and conditions

of section 5173 of this title;

(6) provide assistance in accordance with section 5174 of this

title; and

(7) assist State and local governments in the distribution of

medicine, food, and other consumable supplies, and emergency

assistance.

(b) General

Whenever the Federal assistance provided under subsection (a) of

this section with respect to an emergency is inadequate, the

President may also provide assistance with respect to efforts to

save lives, protect property and public health and safety, and

lessen or avert the threat of a catastrophe.

-SOURCE-

(Pub. L. 93-288, title V, Sec. 502, as added Pub. L. 100-707, title

I, Sec. 107(a), Nov. 23, 1988, 102 Stat. 4706; amended Pub. L.

106-390, title II, Sec. 206(b), Oct. 30, 2000, 114 Stat. 1570.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(6). Pub. L. 106-390 struck out "temporary

housing" after "provide".

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-390 effective 18 months after Oct. 30,

2000, see section 206(d) of Pub. L. 106-390, set out as a note

under section 5174 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5159, 5189, 5191 of this

title; title 7 section 2014; title 16 section 3505.

-End-

-CITE-

42 USC Sec. 5193 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV09A - EMERGENCY ASSISTANCE PROGRAMS

-HEAD-

Sec. 5193. Amount of assistance

-STATUTE-

(a) Federal share

The Federal share for assistance provided under this subchapter

shall be equal to not less than 75 percent of the eligible costs.

(b) Limit on amount of assistance

(1) In general

Except as provided in paragraph (2), total assistance provided

under this subchapter for a single emergency shall not exceed

$5,000,000.

(2) Additional assistance

The limitation described in paragraph (1) may be exceeded when

the President determines that -

(A) continued emergency assistance is immediately required;

(B) there is a continuing and immediate risk to lives,

property, public health or safety; and

(C) necessary assistance will not otherwise be provided on a

timely basis.

(3) Report

Whenever the limitation described in paragraph (1) is exceeded,

the President shall report to the Congress on the nature and

extent of emergency assistance requirements and shall propose

additional legislation if necessary.

-SOURCE-

(Pub. L. 93-288, title V, Sec. 503, as added Pub. L. 100-707, title

I, Sec. 107(a), Nov. 23, 1988, 102 Stat. 4707.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5191 of this title.

-End-

-CITE-

42 USC SUBCHAPTER IV-B - EMERGENCY PREPAREDNESS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV09B - EMERGENCY PREPAREDNESS

-HEAD-

SUBCHAPTER IV-B - EMERGENCY PREPAREDNESS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 7 section 1427a; title 50

App. section 2152.

-End-

-CITE-

42 USC Sec. 5195 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 68 - DISASTER RELIEF

SUBCHAPTER IV09B - EMERGENCY PREPAREDNESS

-HEAD-

Sec. 5195. Declaration of policy

-STATUTE-

The purpose of this subchapter is to provide a system of

emergency preparedness for the protection of life and property in

the United States from hazards and to vest responsibility for

emergency preparedness jointly in the Federal Government and the

States and their political subdivisions. The Congress recognizes

that the organizational structure established jointly by the

Federal Government and the States and their political subdivisions

for emergency preparedness purposes can be effectively utilized to

provide relief and assistance to people in areas of the United

States struck by a hazard. The Federal Government shall provide

necessary direction, coordination, and guidance, and shall provide

necessary assistance, as authorized in this subchapter so that a

comprehensive emergency preparedness system exists for all hazards.

-SOURCE-

(Pub. L. 93-288, title VI, Sec. 601, as added Pub. L. 103-337, div.

C, title XXXIV, Sec. 3411(a)(3), Oct. 5, 1994, 108 Stat. 3100.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 2251 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.

-MISC2-

MULTIHAZARD PREPAREDNESS AND MITIGATION

Pub. L. 106-74, title III, Oct. 20, 1999, 113 Stat. 1086,

provided in part: "That beginning in fiscal year 2000 and each

fiscal year thereafter, and notwithstanding any other provision of

law, the Director of FEMA is authorized to provide assistance from

funds appropriated under this heading [EMERGENCY MANAGEMENT

PLANNING AND ASSISTANCE], subject to terms and conditions as the

Director of FEMA shall establish, to any State for multi-hazard

preparedness and mitigation through consolidated emergency

management performance grants".

MULTIHAZARD RESEARCH, PLANNING, AND MITIGATION; FUNCTIONS, ETC., OF

FEDERAL EMERGENCY MANAGEMENT AGENCY

Pub. L. 96-472, title III, Secs. 301, 302, Oct. 19, 1980, 94

Stat. 2260, as amended by Pub. L. 97-80, title III, Sec. 301, Nov.

20, 1981, 95 Stat. 1083; Pub. L. 97-464, title II, Sec. 201, Jan.

12, 1983, 96 Stat. 2533, provided that:

"Sec. 301. It is recognized that natural and manmade hazards may

not be independent of one another in any given disaster, and it is

also recognized that emergency personnel are often called upon to

meet emergencies outside of their primary field of service.

Furthermore, planning for and responding to different hazards have

certain common elements. To make maximum use of these

commonalities, the Director of the Federal Emergency Management

Agency (hereinafter referred to as the 'Director') is authorized

and directed to:

"(1) initiate, within one year after the date of enactment of

this Act [Oct. 19, 1980], studies with the objective of defining

and developing a multihazard research, planning, and

implementation process within the Agency;

"(2) develop, within one year after the date of enactment of

this Act [Oct. 19, 1980], in cooperation with State and local

governments, prototypical multihazard mitigation projects which

can be used to evaluate several approaches to the varying hazard

mitigation needs of State and local governments and to assess the

applicability of these prototypes to other jurisdictions with

similar needs;

"(3) investigate and evaluate, within one year after the date

of enactment of this Act [Oct. 19, 1980], the effectiveness of a

range of incentives for hazard reductions that can be applied at

the State and local government levels;

"(4) prepare recommendations as to the need for legislation

that will limit the legal liability of those third party persons

or groups which are called upon to provide technical assistance

and advice to public employees, including policemen, firemen, and

transportation employees, who are generally the first to respond

to a hazardous incident; which recommendations shall be provided

to the appropriate committees of Congress within one hundred and

eighty days after the date of enactment of this Act [Oct. 19,

1980];

"(5) prepare, within one hundred and eighty days after the date

of enactment of this Act [Oct. 19, 1980], a report on the status

of the Agency's emergency information and communications systems

which will provide recommendations on -

"(A) the advisability of developing a single, unified

emergency information and communication system for use by the

Agency in carrying out its emergency management activities;

"(B) the potential for using communication and remote sensing

satellites as part of the Agency's emergency information and

communication system; and

"(C) the type of system to be developed, if needed, including

the relationship of the proposed system and its needs to the

existing and emerging information and communication systems in

other Federal agencies;

"(6) conduct a program of multihazard research, planning, and

mitigation in coordination with those studies and evaluations

authorized in paragraphs (1) through (5), as well as other hazard

research, planning, and mitigation deemed necessary by the

Director;

"(7) conduct emergency first response programs so as to better

train and prepare emergency personnel to meet emergencies outside

of their primary field of service; and

"(8) conduct a program of planning, preparedness, and

mitigation related to the multiple direct and indirect hazards

resulting from the occurrence of large earthquakes.

"Sec. 302. (a) For the fiscal year ending September 30, 1981,

there are authorized to be appropriated to the Director $1,000,000

to carry out paragraphs (1) through (5) of section 301 and such

sums as may be necessary to carry out paragraph (6) of such

section.

"(b) For the fiscal year ending September 30, 1982, there are

authorized to be appropriated to the Director -

"(1) $4,939,000 to carry out section 301, which amount shall

include -

"(A) not less than $700,000 to carry out the purposes of

paragraphs (1) through (6) of such section;

"(B) such sums as may be necessary, but in any case not less

than $939,000, for use by the United States Fire Administration

in carrying out paragraph (7) of such section; and

"(C) not less than $3,300,000 to carry out paragraph (8) of

such section with respect to those large California earthquakes

which were identified by the National Security Council's Ad Hoc

Committee on Assessment of Consequences and Preparations for a

Major California Earthquake; and

"(2) such further sums as may be necessary for adjustments

required by law in salaries, pay, retirement, and employee

benefits incurred in the conduct of activities for which funds

are authorized by paragraph (1) of this subsection.

"(c) For the fiscal year ending September 30, 1983, there are

authorized to be appropriated to the Director -

"(1) $2,774,000 to carry out section 301, which amount shall

include -

"(A) not less than $300,000 to carry out the purposes of

paragraphs (1) through (6) of such section;

"(B) such sums as may be necessary, but in any case not less

than $939,000, for use by the United States Fire Administration

in carrying out paragraph (7) of such section; and

"(C) not less than $1,535,000 to carry out paragraph (8) of

such section with respect to those large California earthquakes

which were identified by the National Security Council's Ad Hoc

Committee on Assessment of Consequences and Preparations for a

Major California Earthquake and with respect to other high

seismic risk areas in the United States; and

"(2) such further sums as may be necessary for adjustments

required by law in salaries, pay, retirement, and employee

benefits incurred in the conduct of activities for which funds

are authorized by paragraph (1) of this subsection."

REORGANIZATION PLAN NO. 1 OF 1958

Eff. July 1, 1958, 23 F.R. 4991, 72 Stat. 1799, as amended Pub. L.

85-763, Aug. 26, 1958, 72 Stat. 861; Pub. L. 87-296, Sec. 1,

Sept. 22, 1961, 75 Stat. 630; Pub. L. 87-367, title I, Sec.

103(10), Oct. 4, 1961, 75 Stat. 788; Pub. L. 88-426, title III,

Sec. 305(11), Aug. 14, 1964, 78 Stat. 423; Pub. L. 90-608, ch.

IV, Sec. 402, Oct. 21, 1968, 82 Stat. 1194; Reorg. Plan No. 1 of

1973, Sec. 3(a), eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, April 24, 1958,

pursuant to the provisions of the Reorganization Act of 1949,

approved June 20, 1949, as amended [see 5 U.S.C. 901 et seq.].

CIVILIAN MOBILIZATION

SECTION 1. TRANSFER OF FUNCTIONS TO THE PRESIDENT

(a) There are hereby transferred to the President of the United

States all functions vested by law (including reorganization plan)

in the following: The Office of Defense Mobilization, the Director

of the Office of Defense Mobilization, the Federal Civil Defense

Administration, and the Federal Civil Defense Administrator.

(b) The President may from time to time delegate any of the

functions transferred to him by subsection (a) of this section to

any officer, agency, or employee of the executive branch of the

Government, and may authorized such officer, agency, or employee to

redelegate any of such functions delegated to him.

SEC. 2. OFFICE OF EMERGENCY PREPAREDNESS

[The Office of Emergency Preparedness including the offices of

Director and Deputy Director, and all offices of Assistant

Director, were abolished by Reorg. Plan No. 1 of 1973, Sec.

3(a)(1), eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089, set out

below.]

SEC. 3. REGIONAL DIRECTORS

[All offices of Regional Director of the Office of Emergency

Preparedness were abolished by Reorg. Plan No. 1 of 1973, Sec.

3(a)(1), eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089, set out

below.]

SEC. 4. MEMBERSHIP ON NATIONAL SECURITY COUNCIL

[The functions of the Director of the Office of Emergency

Preparedness as a member of the National Security Council were

abolished by Reorg. Plan No. 1 of 1973, Sec. 3(a)(2), eff. July 1,

1973, 38 F.R. 9579, 87 Stat. 1089, set out below.]

SEC. 5. CIVIL DEFENSE ADVISORY COUNCIL

[The Civil Defense Advisory Council, together with its functions,

was abolished by Reorg. Plan No. 1 of 1973, Sec. 3(a)(3), eff. July

1, 1973, 38 F.R. 9579, 87 Stat. 1089, set out below.]

SEC. 6. ABOLITIONS

The offices of Federal Civil Defense Administrator and Deputy

Administrator provided for in section 101 of the Federal Civil

Defense Act (50 U.S.C. App. 2271) and the offices of the Director

of the Office of Defense Mobilization and Deputy Director of the

Office of Defense Mobilization provided for in section 1 of

Reorganization Plan Numbered 3 of 1953 (67 Stat. 634) are hereby

abolished. The Director of the Office of Emergency Preparedness

shall make such provisions as may be necessary in order to wind up

any outstanding affairs of the offices abolished by this section

which are not otherwise provided for in this reorganization plan.

[As amended Pub. L. 90-608, ch. IV, Sec. 402, Oct. 21, 1968, 82

Stat. 1194.]

SEC. 7. RECORDS, PROPERTY, PERSONNEL, AND FUNDS

(a) The records, property, personnel, and unexpended balances,

available or to be made available, of appropriations, allocations,

and other funds of the Office of Defense Mobilization and of the

Federal Civil Defense Administration shall, upon the taking effect

of the provisions of this reorganization plan, become records,

property, personnel, and unexpended balances of the Office of

Emergency Preparedness.

(b) Records, property, personnel, and unexpended balances,

available or to be made available, of appropriations, allocations,

and other funds of any agency (including the Office of Emergency

Preparedness), relating to functions vested in or delegated or

assigned to the Office of Defense Mobilization or the Federal Civil

Defense Administration immediately prior to the taking effect of

the provisions of this reorganization plan, may be transferred from

time to time to any other agency of the Government by the Director

of the Bureau of the Budget under authority of this subsection for

use, subject to the provisions of the Reorganization Act of 1949,

as amended, in connection with any of the said functions authorized

at time of transfer under this subsection to be performed by the

transferee agency.

(c) Such further measures and dispositions as the Director of the

Bureau of the Budget shall determine to be necessary in connection

with the provisions of subsections (a) and (b) of this section

shall be carried out in such manner as he shall direct and by such

agencies as he shall designate. [As amended Pub. L. 90-608, ch. IV,

Sec. 402, Oct. 21, 1968, 82 Stat. 1194.]

SEC. 8. INTERIM PROVISIONS

The President may authorize any person who immediately prior to

the effective date of this reorganization plan holds an office

abolished by section 6 hereof to hold any office established by

section 2 of this reorganization plan until the latter office is

filled pursuant to the said section 2 or by recess appointment, as

the case may be, but in no event for any period extending more than

120 days after the said effective date.

SEC. 9. EFFECTIVE DATE

The provisions of this reorganization plan shall take effect at

the time determined under the provisions of section 6(a) of the

Reorganization Act of 1949, as amended, or on July 1, 1958,

whichever is later.

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 1 of 1958, prepared

in accordance with the Reorganization Act of 1949, as amended. The

reorganization plan provides new arrangements for the conduct of

Federal defense mobilization and civil defense functions.

In formulating Reorganization Plan No. 1, I have had the benefit

of several studies made by the executive branch as well as those

conducted by the Congress. The reorganization plan will overcome

the major difficulties revealed by those studies and mentioned in

my 1959 budget message where I made the following statement:

The structure of Federal organization for the planning,

coordination, and conduct of our nonmilitary defense programs has

been reviewed, and I have concluded that the existing statues

assigning responsibilities for the central coordination and

direction of these programs are out of date. The rapid technical

advances of military science have led to a serious overlap among

agencies carrying on these leadership and planning functions.

Because the situation will continue to change and because these

functions transcend the responsibility of any single department or

agency, I have concluded that they should be vested in no one short

of the President. I will make recommendations to the Congress on

this subject.

The principal effects of the organization plan are -

First, it transfers to the President the functions vested by law

in the Federal Civil Defense Administration and those so vested in

the Office of Defense Mobilization. The result is to establish a

single pattern with respect to the vesting of defense mobilization

and civil defense functions. At the present time disparity exists

in that civil defense functions are vested in the President only to

a limited degree while a major part of the functions administered

by the Office of Defense Mobilization are vested by law in the

President and delegated by him to that Office. Under the plan, the

broad program responsibilities for coordinating and conducting the

interrelated defense mobilization and civil defense functions will

be vested in the President for appropriate delegation as the

rapidly changing character of the nonmilitary preparedness program

warrants.

Second, the reorganization plan consolidates the Office of

Defense Mobilization and the Federal Civil Defense Administration

to form a new Office of Defense and Civilian Mobilization in the

Executive Office of the President. I have concluded that, in many

instances, the interests and activities of the Office of Defense

Mobilization and the Federal Civil Defense Administration overlap

to such a degree that it is not possible to work out a satisfactory

division of those activities and interests between the two

agencies. I have also concluded that a single civilian mobilization

agency of appropriate stature and authority is needed and that such

an agency will ensue from the consolidation and from the granting

of suitable authority to that agency for directing and coordinating

the preparedness activities of the Federal departments and agencies

and for providing unified guidance and assistance to the State and

local governments.

Third, the reorganization plan transfers the membership of the

Director of the Office of Defense Mobilization on the National

Security Council to the Director of the Office of Defense and

Civilian Mobilization and also transfers the Civil Defense Advisory

Council to the Office of Defense and Civilian Mobilization.

Initially, the Office of Defense and Civilian Mobilization will

perform the civil defense and defense mobilization functions now

performed by the Office of Defense Mobilization and the Federal

Civil Defense Administration. One of its first tasks will be to

advise me with respect to the actions to be taken to clarify and

expand the roles of the Federal departments and agencies in

carrying out nonmilitary defense preparedness functions. After such

actions are taken, the direction and coordination of the civil

defense and defense mobilization activities assigned to the

departments and agencies will comprise a principal remaining

responsibility of the Office of Defense and Civilian Mobilization.

After investigation, I have found and hereby declare that each

reorganization included in Reorganization Plan No. 1 of 1958 is

necessary to accomplish one or more of the purposes set forth in

section 2(a) of the Reorganization Act of 1949, as amended.

I have also found and hereby declare that it is necessary to

include in the accompanying reorganization plan, by reason of

reorganizations made thereby, provisions for the appointment and

compensation of new officers specified in sections 2 and 3 of the

plan. The rates of compensation fixed for these officers are,

respectively those which I have found to prevail in respect of

comparable officers in the executive branch of the Government.

The taking effect of the reorganizations included in

Reorganization Plan No. 1 of 1958 will immediately reduce the

number of Federal agencies by one and, by providing sounder

organizational arrangements for the administration of the affected

functions, should promote the increased economy and effectiveness

of the Federal expenditures concerned. It is, however,

impracticable to itemize at this time the reduction of expenditures

which it is probable will be brought about by such taking effect.

I urge that the Congress allow the reorganization plan to become

effective.

Dwight D. Eisenhower.

The White House, April 24, 1958.

REORGANIZATION PLAN NO. 1 OF 1973

Eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089, as amended May 11,

1976, Pub. L. 94-282, title V, Sec. 502, 90 Stat. 472

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, January 26, 1973,

pursuant to the provisions of Chapter 9 of Title 5 of the United

States Code.

EXECUTIVE OFFICE OF THE PRESIDENT

SECTION 1. TRANSFER OF FUNCTIONS TO THE PRESIDENT

Except as provided in section 3(a)(2) of this reorganization

plan, there are hereby transferred to the President of the United

States all functions vested by law in the Office of Emergency

Preparedness or the Director of the Office of Emergency

Preparedness after the effective date of Reorganization Plan No. 1

of 1958.

Sec. 2. [Repealed. Pub. L. 94-282, title V, Sec. 502, May 11,

1976, 90 Stat. 472. Section transferred to the Director of the

National Science Foundation all functions vested by law in the

Office of Science and Technology or the Director or Deputy Director

of the Office of Science and Technology.]

SEC. 3. ABOLITIONS

(a) The following are hereby abolished:

(1) The Office of Emergency Preparedness including the offices of

Director, Deputy Director, and all offices of Assistant Director,

and Regional Director of the Office of Emergency Preparedness

provided for by sections 2 and 3 of Reorganization Plan No. 1 of

1958 (5 U.S.C., App.).

(2) The functions of the Director of the Office of Emergency

Preparedness with respect to being a member of the National

Security Council.

(3) The Civil Defense Advisory Council, created by section 102(a)

of the Federal Civil Defense Act of 1950 (50 U.S.C. App. 2272(a)),

together with its functions.

(4) The National Aeronautics and Space Council, created by

section 201 of the National Aeronautics and Space Act of 1958 (42

U.S.C. 2471), including the office of Executive Secretary of the

Council, together with its functions.

(5) The Office of Science and Technology, including the offices

of Director and Deputy Director, provided for by sections 1 and 2

of Reorganization Plan No. 2 of 1962 (5 U.S.C., App.).

(b) The Director of the Office of Management and Budget shall

make such provisions as he shall deem necessary respecting the

winding up of any outstanding affairs of the agencies abolished by

the provisions of this section.

SEC. 4. INCIDENTAL TRANSFERS

(a) So much of the personnel, property, records, and unexpended

balances of appropriations, allocations, and other funds employed,

used, held, available, or to be made available in connection with

the functions transferred by sections 1 and 2 of this

reorganization plan as the Director of the Office of Management and

Budget shall determine shall be transferred at such time or times

as he shall direct for use in connection with the functions

transferred.

(b) Such further measures and dispositions as the Director of the

Office of Management and Budget shall deem to be necessary in order

to effectuate the transfers referred to in subsection (a) of this

section shall be carried out in such manner as he shall direct and

by such agencies as he shall designate.

SEC. 5. EFFECTIVE DATE

The provisions of this reorganization plan shall take effect as

provided by section 906(a) of title 5 of the United States Code, or

on July 1, 1973, whichever is later.

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

On January 5 I announced a three-part program to streamline the

executive branch of the Federal Government. By concentrating less

responsibility in the President's immediate staff and more in the

hands of the departments and agencies, this program should

significantly improve the services of the Government. I believe

these reforms have become so urgently necessary that I intend, with

the cooperation of the Congress, to pursue them with all of the

resources of my office during the coming year.

The first part of this program is a renewed drive to achieve

passage of my legislative proposals to overhaul the Cabinet

departments. Secondly, I have appointed three Cabinet Secretaries

as Counsellors to the President with coordinating responsibilities

in the broad areas of human resources, natural resources, and

community development, and five Assistants to the President with

special responsibilities in the areas of domestic affairs, economic

affairs, foreign affairs, executive management, and operations of

the White House.

The third part of this program is a sharp reduction in the

overall size of the Executive Office of the President and a

reorientation of that office back to its original mission as a

staff for top-level policy formation and monitoring of policy

execution in broad functional areas. The Executive Office of the

President should no longer be encumbered with the task of managing

or administering programs which can be run more effectively by the

departments and agencies. I have therefore concluded that a number

of specialized operational and program functions should be shifted

out of the Executive Office into the line departments and agencies

of the Government. Reorganization Plan No. 1 of 1973, transmitted

herewith, would effect such changes with respect to emergency

preparedness functions and scientific and technological affairs.

STREAMLINING THE FEDERAL SCIENCE ESTABLISHMENT

When the National Science Foundation was established by an act of

the Congress in 1950, its statutory responsibilities included

evaluation of the Government's scientific research programs and

development of basic science policy. In the late 1950's, however,

with the effectiveness of the U.S. science effort under serious

scrutiny as a result of sputnik, the post of Science Advisor to the

President was established. The White House became increasingly

involved in the evaluation and coordination of research and

development programs and in science policy matters, and that

involvement was institutionalized in 1962 when a reorganization

plan established the Office of Science and Technology within the

Executive Office of the President, through transfer of authorities

formerly vested in the National Science Foundation.

With advice and assistance from OST during the past decade; the

scientific and technological capability of the Government has been

markedly strengthened. This administration is firmly committed to a

sustained, broadbased national effort in science and technology, as

I made plain last year in the first special message on the subject

ever sent by a President to the Congress. The research and

development capability of the various executive departments and

agencies, civilian as well as defense, has been upgraded. The

National Science Foundation has broadened from its earlier

concentration on basic research support to take on a significant

role in applied research as well. It has matured in its ability to

play a coordinating and evaluative role within the Government and

between the public and private sectors.

I have therefore concluded that it is timely and appropriate to

transfer to the Director of the National Science Foundation all

functions presently vested in the Office of Science and Technology,

and to abolish that office. Reorganization Plan No. 1 would effect

these changes.

The multi-disciplinary staff resources of the Foundation will

provide analytic capabilities for performance of the transferred

functions. In addition, the Director of the Foundation will be able

to draw on expertise from all of the Federal agencies, as well as

from outside the Government, for assistance in carrying out his new

responsibilities.

It is also my intention, after the transfer of responsibilities

is effected, to ask Dr. H. Guyford Stever, the current Director of

the Foundation, to take on the additional post of Science Adviser.

In this capacity, he would advise and assist the White House,

Office of Management and Budget, Domestic Council, and other

entities within the Executive Office of the President on matters

where scientific and technological expertise is called for, and

would act as the President's representative in selected cooperative

programs in international scientific affairs, including chairing

such joint bodies as the U.S. - U.S.S.R. Joint Commission on

Scientific and Technical Cooperation.

In the case of national security, the Department of Defense has

strong capabilities for assessing weapons needs and for undertaking

new weapons development, and the President will continue to draw

primarily on this source for advice regarding military technology.

The President in special situations also may seek independent

studies or assessments concerning military technology from within

or outside the Federal establishment, using the machinery of the

National Security Council for this purpose, as well as the Science

Adviser when appropriate.

In one special area of technology - space and aeronautics - a

coordinating council has existed within the Executive Office of the

President since 1958. This body, the National Aeronautics and Space

Council, met a major need during the evolution of our nation's

space program. Vice President Agnew has served with distinction as

its chairman for the past four years. At my request, beginning in

1969, the Vice President also chaired a special Space Task Group

charged with developing strategy alternatives for a balanced U.S.

space program in the coming years.

As a result of this work, basic policy issues in the United

States space effort have been resolved, and the necessary

interagency relationships have been established. I have therefore

concluded, with the Vice President's concurrence, that the Council

can be discontinued. Needed policy coordination can now be achieved

through the resources of the executive departments and agencies,

such as the National Aeronautics and Space Administration,

augmented by some of the former Council staff. Accordingly, my

reorganization plan proposes the abolition of the National

Aeronautics and Space Council.

A NEW APPROACH TO EMERGENCY PREPAREDNESS

The organization within the Executive Office of the President

which has been known in recent years as the Office of Emergency

Preparedness dates back, through its numerous predecessor agencies,

more than 20 years. It has performed valuable functions in

developing plans for emergency preparedness, in administering

Federal disaster relief, and in overseeing and assisting the

agencies in this area.

OEP's work as a coordinating and supervisory authority in this

field has in fact been so effective - particularly under the

leadership of General George A. Lincoln, its director for the past

four years, who retired earlier this month after an exceptional

military and public service career - that the line departments and

agencies which in the past have shared in the performance of the

various preparedness functions now possess the capability to assume

full responsibility for those functions. In the interest of

efficiency and economy, we can now further streamline the Executive

Office of the President by formally relocating those

responsibilities and closing the Office of Emergency Preparedness.

I propose to accomplish this reform in two steps. First,

Reorganization Plan No. 1 would transfer to the President all

functions previously vested by law in the Office or its Director,

except the Director's role as a member of the National Security

Council, which would be abolished; and it would abolish the Office

of Emergency Preparedness.

The functions to be transferred to the President from OEP are

largely incidental to emergency authorities already vested in him.

They include functions under the Disaster Relief Act of 1970 [42

U.S.C. 4401 et seq.]; the function of determining whether a major

disaster has occurred within the meaning of (1) Section 7 of the

Act of September 30, 1950, as amended, 20 U.S.C. 241-1, or (2)

Section 762(a) of the Higher Education Act of 1965, as added by

Section 161(a) of the Education Amendments of 1972, Public Law

92-318, 86 Stat. 288 at 299 (relating to the furnishing by the

Commissioner of Education of disaster relief assistance for

educational purposes) [20 U.S.C. 1132d-1]; and functions under

Section 232 of the Trade Expansion Act of 1962, as amended (19

U.S.C. 1862), with respect to the conduct of investigations to

determine the effects on national security of the importation of

certain articles.

The Civil Defense Advisory Council within OEP would also be

abolished by this plan, as changes in domestic and international

conditions since its establishment in 1950 have now obviated the

need for a standing council of this type. Should advice of the kind

the Council has provided be required again in the future, State and

local officials and experts in the field can be consulted on an ad

hoc basis.

Second, as soon as the plan became effective, I would delegate

OEP's former functions as follows:

All OEP responsibilities having to do with preparedness for and

relief of civil emergencies and disasters would be transferred to

the Department of Housing and Urban Development. This would

provide greater field capabilities for coordination of Federal

disaster assistance with that provided by States and local

communities, and would be in keeping with the objective of

creating a broad, new Department of Community Development.

OEP's responsibilities for measures to ensure the continuity of

civil government operations in the event of major military attack

would be reassigned to the General Services Administration, as

would responsibility for resource mobilization including the

management of national security stockpiles, with policy guidance

in both cases to be provided by the National Security Council,

and with economic considerations relating to changes in stockpile

levels to be coordinated by the Council on Economic Policy.

Investigations of imports which might threaten the national

security - assigned to OEP by Section 232 of the Trade Expansion

Act of 1962 [19 U.S.C. 1862] - would be reassigned to the

Treasury Department, whose other trade studies give it a

readymade capability in this field; the National Security Council

would maintain its supervisory role over strategic imports.

Those disaster relief authorities which have been reserved to the

President in the past, such as the authority to declare major

disasters, will continue to be exercised by him under these new

arrangements. In emergency situations calling for rapid interagency

coordination, the Federal response will be coordinated by the

Executive Office of the President under the general supervision of

the Assistant to the President in charge of executive management.

The Oil Policy Committee will continue to function as in the

past, unaffected by this reorganization, except that I will

designate the Deputy Secretary of the Treasury as chairman in place

of the Director of OEP. The committee will operate under the

general supervision of the Assistant to the President in charge of

economic affairs.

DECLARATIONS

After investigation, I have found that each action included in

the accompanying plan is necessary to accomplish one or more of the

purposes set forth in Section 901(a) of title 5 of the United

States Code. In particular, the plan is responsive to the intention

of the Congress as expressed in Section 901(a)(1), "to promote

better execution of the laws, more effective management of the

executive branch and of its agencies and functions, and expeditious

administration of the public business;" and in Section 901(a)(3),

"to increase the efficiency of the operations of the Government to

the fullest extent practicable;" and in Section 901(a)(5), "to

reduce the number of agencies by consolidating those having similar

functions under a single head, and to abolish such agencies or

functions as may not be necessary for the efficient conduct of the

Government."

While it is not practicable to specify all of the expenditure

reductions and other economies which will result from the actions

proposed, personnel and budget savings from abolition of the

National Aeronautics and Space Council and the Office of Science

and Technology alone will exceed $2 million annually, and

additional savings should result from a reduction of Executive Pay

Schedule positions now associated with other transferred and

delegated functions.

The plan has as its one logically consistent subject matter the

streamlining of the Executive Office of the President and the

disposition of major responsibilities currently conducted in the

Executive Office of the President, which can better be performed

elsewhere or abolished.

The functions which would be abolished by this plan, and the

statutory authorities for each, are:

(1) the functions of the Director of the Office of Emergency

Preparedness with respect to being a member of the National

Security Council (Sec. 101, National Security Act of 1947, as

amended, 50 U.S.C. 402; and Sec. 4, Reorganization Plan No. 1 of

1958);

(2) the functions of the Civil Defense Advisory Council (Sec.

102(a) Federal Civil Defense Act of 1950; 50 U.S.C. App.

2272(a)); and

(3) the functions of the National Aeronautics and Space Council

(Sec. 201, National Aeronautics and Space Act of 1958; 42 U.S.C.

2471).

The proposed reorganization is a necessary part of the

restructuring of the Executive Office of the President. It would

provide through the Director of the National Science Foundation a

strong focus for Federal efforts to encourage the development and

application of science and technology to meet national needs. It

would mean better preparedness for and swifter response to civil

emergencies, and more reliable precautions against threats to the

national security. The leaner and less diffuse Presidential staff

structure which would result would enhance the President's ability

to do his job and would advance the interests of the Congress as

well.

I am confident that this reorganization plan would significantly

increase the overall efficiency and effectiveness of the Federal

Government. I urge the Congress to allow it to become effective.

Richard Nixon.

The White House, January 26, 1973.

-EXEC-

EXECUTIVE ORDER NO. 10186

Ex. Ord. No. 10186, Dec. 1, 1950, 15 F.R. 8557, established the

Federal Civil Defense Administration in the Office for Emergency

Management of the Executive Office of the President, provided for

the appointment of an Administrator and a Deputy Administrator, and

delineated the purposes, functions, and authority of the

Administration and the Administrator.

EXECUTIVE ORDER NO. 10222

Ex. Ord. No. 10222, Mar. 8, 1951, 16 F.R. 2247, which transferred

to Federal Civil Defense Administration functions of Health

Resources Office of National Security Resources Board, was revoked

by section 904(a)(2) of Ex. Ord. No. 12919, June 3, 1994, 59 F.R.

29533, set out as a note under section 2153 of Title 50, Appendix,

War and National Defense.

EXECUTIVE ORDER NO. 10346

Ex. Ord. No. 10346, Apr. 17, 1952, 17 F.R. 3477, as amended by

Ex. Ord. No. 10438, Mar. 13, 1953, 18 F.R. 1491; Ex. Ord. No.

10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 6,

1958, 23 F.R. 6971; Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R.

9683, which related to the preparation by Federal agencies of civil

defense emergency plans, was revoked by Ex. Ord. No. 11490, Oct.

28, 1969, 34 F.R. 17567, see below.

EXECUTIVE ORDER NO. 10529

Ex. Ord. No. 10529, Apr. 22, 1954, 19 F.R. 2397, as amended by

Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782,

Sept. 6, 1958, 23 F.R. 6971; Ex. Ord. No. 11051, Sept. 27, 1962, 27

F.R. 9683, which related to Federal employee participation in State

and local civil defense programs, was revoked by section 5-104 of

Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43243, set out below.

EXECUTIVE ORDER NO. 10611

Ex. Ord. No. 10611, May 11, 1955, 20 F.R. 3245, which related to

establishment of the Civil Defense Coordinating Board, was revoked

by section 7(7) of Ex. Ord. No. 10773.

EXECUTIVE ORDER NO. 10773

Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061, as amended by Ex.

Ord. No. 10782, Sept. 6, 1958, 23 F.R. 6971, which related to the

delegation and transfer of functions to the Office of Civil and

Defense Mobilization, was superseded by Ex. Ord. No. 11051, Sept.

27, 1962, 27 F.R. 9683, see below.

EXECUTIVE ORDER NO. 10902

Ex. Ord. No. 10902, Jan. 9, 1961, 26 F.R. 217, which related to

the issuance of emergency preparedness orders, was superseded by

Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683, see below.

EXECUTIVE ORDER NO. 10952

Ex. Ord. No. 10952, July 20, 1961, 26 F.R. 6577, as amended by

Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683, which related to

the assignment of civil defense responsibilities, was revoked by

section 5-108 of Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43243,

set out below.

EXECUTIVE ORDER NO. 10958

Ex. Ord. No. 10958, Aug. 14, 1961, 26 F.R. 7571, as amended by

Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683, which provided

for the delegation of functions respecting stockpiles of medical

supplies and equipment and food, was revoked by Ex. Ord. No. 11794,

July 11, 1974, 39 F.R. 25937.

EXECUTIVE ORDER NO. 10997

Ex. Ord. No. 10997, Feb. 16, 1962, 27 F.R. 1522, which related to

assignment of emergency preparedness functions to Secretary of the

Interior, was revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R.

17567, see below.

EXECUTIVE ORDER NO. 10998

Ex. Ord. No. 10998, Feb. 16, 1962, 27 F.R. 1524, which related to

assignment of emergency preparedness functions to Secretary of

Agriculture, was revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34

F.R. 17567, see below.

EXECUTIVE ORDER NO. 10999

Ex. Ord. No. 10999, Feb. 16, 1962, 27 F.R. 1527, which related to

assignment of emergency preparedness functions to Secretary of

Commerce, was revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R.

17567, see below.

EXECUTIVE ORDER NO. 11000

Ex. Ord. No. 11000, Feb. 16, 1962, 27 F.R. 1532, which related to

assignment of emergency preparedness functions to Secretary of

Labor, was revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R.

17567, see below.

EXECUTIVE ORDER NO. 11001

Ex. Ord. No. 11001, Feb. 16, 1962, 27 F.R. 1534, which related to

assignment of emergency preparedness functions to Secretary of

Health, Education, and Welfare, was revoked by Ex. Ord. No. 11490,

Oct. 28, 1969, 34 F.R. 17567, see below.

EXECUTIVE ORDER NO. 11002

Ex. Ord. No. 11002, Feb. 16, 1962, 27 F.R. 1539, which related to

assignment of emergency preparedness functions to Postmaster

General, was revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R.

17567, see below.

EXECUTIVE ORDER NO. 11003

Ex. Ord. No. 11003, Feb. 16, 1962, 27 F.R. 1540, which related to

assignment of emergency preparedness functions to Administrator of

Federal Aviation Agency, was revoked by Ex. Ord. No. 11490, Oct.

28, 1969, 34 F.R. 17567, see below.

EXECUTIVE ORDER NO. 11004

Ex. Ord. No. 11004, Feb. 16, 1962, 27 F.R. 1542, which related to

assignment of emergency preparedness functions to Housing and Home

Finance Administrator, was revoked by Ex. Ord. No. 11490, Oct. 28,

1969, 34 F.R. 17567, see below.

EXECUTIVE ORDER NO. 11005

Ex. Ord. No. 11005, Feb. 16, 1962, 27 F.R. 1544, which related to

assignment of emergency preparedness functions to Interstate

Commerce Commission, was revoked by Ex. Ord. No. 11490, Oct. 28,

1969, 34 F.R. 17567, see below.

EXECUTIVE ORDER NO. 11051

Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683, as amended by

Ex. Ord. No. 11075, Jan. 15, 1963, 28 F.R. 473; Ex. Ord. No. 11556,

Sept. 4, 1970, 35 F.R. 14193; Ex. Ord. No. 11725, June 27, 1973, 38

F.R. 17175; Ex. Ord. No. 12046, Mar. 27, 1978, 43 F.R. 13349, which

related to responsibility of the Office of Emergency Preparedness,

was revoked by section 5-109 of Ex. Ord. No. 12148, July 20, 1979,

44 F.R. 43243, set out below.

EXECUTIVE ORDER NO. 11087

Ex. Ord. No. 11087, Feb. 26, 1963, 28 F.R. 1835, which related to

assignment of emergency preparedness functions to Secretary of

State, was revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R.

17567, see below.

EXECUTIVE ORDER NO. 11088

Ex. Ord. No. 11088, Feb. 26, 1963, 28 F.R. 1837, which related to

assignment of emergency preparedness functions to Secretary of the

Treasury, was revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R.

17567, see below.

EXECUTIVE ORDER NO. 11089

Ex. Ord. No. 11089, Feb. 26, 1963, 28 F.R. 1839, which related to

assignment of emergency preparedness functions to Atomic Energy

Commission, was revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34

F.R. 17567, see below.

EXECUTIVE ORDER NO. 11090

Ex. Ord. No. 11090, Feb. 26, 1963, 28 F.R. 1841, which related to

assignment of emergency preparedness functions to Civil Aeronautics

Board, was revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R.

17567, see below.

EXECUTIVE ORDER NO. 11091

Ex. Ord. No. 11091, Feb. 26, 1963, 28 F.R. 1843, which related to

assignment of emergency preparedness functions to Civil Service

Commission, was revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34

F.R. 17567, see below.

EXECUTIVE ORDER NO. 11092

Ex. Ord. No. 11092, Feb. 26, 1963, 28 F.R. 1847, which related to

assignment of emergency preparedness functions to Federal

Communications Commission, was revoked by Ex. Ord. No. 11490, Oct.

28, 1969, 34 F.R. 17567, see below.

EXECUTIVE ORDER NO. 11093

Ex. Ord. No. 11093, Feb. 26, 1963, 28 F.R. 1851, which related to

assignment of emergency preparedness functions to Administrator of

General Services, was revoked by Ex. Ord. No. 11490, Oct. 28, 1969,

34 F.R. 17567, see below.

EXECUTIVE ORDER NO. 11094

Ex. Ord. No. 11094, Feb. 26, 1963, 28 F.R. 1855, which related to

assignment of emergency preparedness functions to Board of

Governors of Federal Reserve System, Federal Home Loan Bank Board,

Farm Credit Administration, Export-Import Bank of Washington, Board

of Directors of Federal Deposit Insurance Corporation, Securities

and Exchange Commission, Administrator of Small Business

Administration, and Administrator of Veterans Affairs, was revoked

by Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567, see below.

EXECUTIVE ORDER NO. 11095

Ex. Ord. No. 11095, Feb. 26, 1963, 28 F.R. 1859, which related to

assignment of emergency preparedness functions to Board of

Directors of Tennessee Valley Authority, Railroad Retirement Board,

Administrator of National Aeronautics and Space Administration,

Federal Power Commission, and Director of National Science

Foundation, was revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34

F.R. 17567, see below.

EXECUTIVE ORDER NO. 11426

Ex. Ord. No. 11426, Aug. 31, 1968, 33 F.R. 12615, which provided

for Federal-State liaison and cooperation, was superseded by Ex.

Ord. No. 11455, Feb. 14, 1969, 34 F.R. 2299.

EXECUTIVE ORDER NO. 11490

Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567, as amended by

Ex. Ord. No. 11522, Apr. 6, 1970, 35 F.R. 5659; Ex. Ord. No. 11556,

Sept. 4, 1970, 35 F.R. 14193; Ex. Ord. No. 11746, Nov. 7, 1973, 38

F.R. 30991; Ex. Ord. No. 11921, June 11, 1976, 41 F.R. 24294; Ex.

Ord. No. 11953, Jan. 7, 1977, 42 F.R. 2492; Ex. Ord. No. 12038,

Feb. 3, 1978, 43 F.R. 4957; Ex. Ord. No. 12046, Mar. 27, 1978, 43

F.R. 13349; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex.

Ord. No. 12148, July 20, 1979, 44 F.R. 43239; Ex. Ord. No. 12608,

Sept. 9, 1987, 52 F.R. 34617, which related to assignment of

emergency preparedness functions to Federal agencies and

departments, was revoked by section 2901 of Ex. Ord. No. 12656,

Nov. 18, 1988, 53 F.R. 47491, set out below.

EXECUTIVE ORDER NO. 11522

Ex. Ord. No. 11522, Apr. 6, 1970, 35 F.R. 5659, which related to

the assignment of emergency preparedness functions to the United

States Information Agency, was superseded by Ex. Ord. No. 11921,

June 11, 1976, 41 F.R. 24294.

EXECUTIVE ORDER NO. 11725

Ex. Ord. No. 11725, June 27, 1973, 38 F.R. 17175, as amended by

Ex. Ord. No. 11749, Dec. 10, 1973, 38 F.R. 34177; Ex. Ord. No.

12046, Mar. 27, 1978, 43 F.R. 13349, which related to transfer of

certain functions of the Office of Emergency Preparedness, was

revoked by section 5-112 of Ex. Ord. No. 12148, July 20, 1979, 44

F.R. 43243, set out below.

EXECUTIVE ORDER NO. 11746

Ex. Ord. No. 11746, Nov. 7, 1973, 38 F.R. 30991, which related to

the assignment of emergency preparedness functions to the

Department of the Treasury, was superseded by Ex. Ord. No. 11921,

June 11, 1976, 41 F.R. 24294.

EX. ORD. NO. 12148. FEDERAL EMERGENCY MANAGEMENT

Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, as amended by

Ex. Ord. No. 12155, Sept. 10, 1979, 44 F.R. 53071; Ex. Ord. No.

12156, Sept. 10, 1979, 44 F.R. 53073; Ex. Ord. No. 12381, Sept. 8,

1982, 47 F.R. 39795; Ex. Ord. No. 12673, Mar. 23, 1989, 54 F.R.

12571; Ex. Ord. No. 12919, Sec. 904(a)(8), June 3, 1994, 59 F.R.

29533; Ex. Ord. No. 13286, Sec. 52, Feb. 28, 2003, 68 F.R. 10628,

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 1970, as amended (42 U.S.C.

Chapter 58 note), the Disaster Relief Act of 1974 (88 Stat. 143; 42

U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977

(42 U.S.C. 7701 et seq.), Section 4 of Public Law 92-385 (86 Stat.

556), Section 43 of the Act of August 10, 1956, as amended (50

U.S.C. App. 2285), the National Security Act of 1947, as amended

[see Short Title note set out under 50 U.S.C. 401], the Defense

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

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

Plan No. 1 of 1973 [set out above], the Strategic and Critical

Materials Stock Piling Act, as amended (50 U.S.C. 98 et seq.),

Section 202 of the Budget and Accounting Procedures Act of 1950 (31

U.S.C. 581c) [31 U.S.C. 1531], and Section 301 of Title 3 of the

United States Code, and in order to transfer emergency functions to

the Department of Homeland Security, it is hereby ordered as

follows:

SECTION 1. TRANSFERS OR REASSIGNMENTS

1-1. Transfer or Reassignment of Existing Functions.

1-101. All functions vested in the President that have been

delegated or assigned to the Defense Civil Preparedness Agency,

Department of Defense, are transferred or reassigned to the

Secretary of Homeland Security.

1-102. All functions vested in the President that have been

delegated or assigned to the Federal Disaster Assistance

Administration, Department of Housing and Urban Development, are

transferred or reassigned to the Secretary of Homeland Security,

including any of those functions redelegated or reassigned to the

Department of Commerce with respect to assistance to communities in

the development of readiness plans for severe weather-related

emergencies.

1-103. All functions vested in the President that have been

delegated or assigned to the Federal Preparedness Agency, General

Services Administration, are transferred or reassigned to the

Secretary of Homeland Security.

1-104. All functions vested in the President by the Earthquake

Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), including

those functions performed by the Office of Science and Technology

Policy, are delegated, transferred, or reassigned to the Secretary

of Homeland Security.

1-2. Transfer or Reassignment of Resources.

1-201. The records, property, personnel and positions, and

unexpended balances of appropriations, available or to be made

available, which relate to the functions transferred, reassigned,

or redelegated by this Order are hereby transferred to the

Secretary of Homeland Security.

1-202. The Director of the Office of Management and Budget shall

make such determinations, issue such orders, and take all actions

necessary or appropriate to effectuate the transfers or

reassignments provided by this Order, including the transfer of

funds, records, property, and personnel.

SEC. 2. MANAGEMENT OF EMERGENCY PLANNING AND ASSISTANCE

2-1. General.

2-101. The Director of the Federal Emergency Management Agency

[Secretary of Homeland Security] shall establish Federal policies

for, and coordinate, all civil defense and civil emergency

planning, management, mitigation, and assistance functions of

Executive agencies.

2-102. The Director [Secretary] shall periodically review and

evaluate the civil defense and civil emergency functions of the

Executive agencies. In order to improve the efficiency and

effectiveness of those functions, the Director [Secretary] shall

recommend to the President alternative methods of providing Federal

planning, management, mitigation, and assistance.

2-103. The Director [Secretary] shall be responsible for the

coordination of efforts to promote dam safety, for the coordination

of natural and nuclear disaster warning systems, and for the

coordination of preparedness and planning to reduce the

consequences of major terrorist incidents.

2-104. The Director [Secretary] shall represent the President in

working with State and local governments and private sector to

stimulate vigorous participation in civil emergency preparedness,

mitigation, response, and recovery programs.

2-105. The Director [Secretary] shall provide an annual report to

the President for subsequent transmittal to the Congress on the

functions of the Department of Homeland Security. The report shall

assess the current overall state of effectiveness of Federal civil

defense and civil emergency functions, organizations, resources,

and systems and recommend measures to be taken to improve planning,

management, assistance, and relief by all levels of government, the

private sector, and volunteer organizations.

2-2. Implementation.

2-201. In executing the functions under this Order, the Director

[Secretary] shall develop policies which provide that all civil

defense and civil emergency functions, resources, and systems of

Executive agencies are:

(a) founded on the use of existing organizations, resources, and

systems to the maximum extent practicable;

(b) integrated effectively with organizations, resources, and

programs of State and local governments, the private sector and

volunteer organizations; and

(c) developed, tested and utilized to prepare for, mitigate,

respond to and recover from the effects on the population of all

forms of emergencies.

2-202. Assignments of civil emergency functions shall, whenever

possible, be based on extensions (under emergency conditions) of

the regular missions of the Executive agencies.

2-203. For purposes of this Order, "civil emergency" means any

accidental, natural, man-caused, or wartime emergency or threat

thereof, which causes or may cause substantial injury or harm to

the population or substantial damage to or loss of property.

2-204. In order that civil defense planning continues to be fully

compatible with the Nation's overall strategic policy, and in order

to maintain an effective link between strategic nuclear planning

and nuclear attack preparedness planning, the development of civil

defense policies and programs by the Secretary of Homeland Security

shall be subject to oversight by the Secretary of Defense and the

National Security Council.

2-205. To the extent authorized by law and within available

resources, the Secretary of Defense shall provide the Secretary of

Homeland Security with support for civil defense programs in the

areas of program development and administration, technical support,

research, communications, transportation, intelligence, and

emergency operations.

2-206. All Executive agencies shall cooperate with and assist the

Director [Secretary] in the performance of his functions.

2-3. Transition Provisions.

2-301. The functions which have been transferred, reassigned, or

redelegated by Section 1 of this Order are recodified and revised

as set forth in this Order at Section 4, and as provided by the

amendments made at Section 5 to the provisions of other Orders.

2-302. Notwithstanding the revocations, revisions, codifications,

and amendments made by this Order, the Director [Secretary] may

continue to perform the functions transferred to him by Section 1

of this Order, except where they may otherwise be inconsistent with

the provisions of this Order.

SEC. 3. FEDERAL EMERGENCY MANAGEMENT COUNCIL

[Revoked by Ex. Ord. No. 12919, Sec. 904(a)(8), June 3, 1994, 59

F.R. 29533.]

SEC. 4. DELEGATIONS

4-1. Delegation of Functions Transferred to the President.

4-101. [Revoked by Ex. Ord. No. 12155, Sept. 10, 1979, 44 F.R.

53071.]

4-102. The functions vested in the Director of the Office of

Defense Mobilization by Sections 103 and 303 of the National

Security Act of 1947, as amended by Sections 8 and 50 of the Act of

September 3, 1954 (Public Law 779; 68 Stat. 1228 and 1244) (50

U.S.C. 404 and 405), were transferred to the President by Section

1(a) of Reorganization Plan No. 1 of 1958, as amended (50 U.S.C.

App. 2271 note) [now set out above], and they are hereby delegated

to the Secretary of Homeland Security.

4-103. (a) The functions vested in the Federal Civil Defense

Administration or its Administrator by the Federal Civil Defense

Act of 1950, as amended (50 U.S.C. App. 2251 et seq.), were

transferred to the President by Reorganization Plan No. 1 of 1958,

and they are hereby delegated to the Secretary of Homeland

Security.

(b) Excluded from the delegation in subsection (a) is the

function under Section 205(a)(4) of the Federal Civil Defense Act

of 1950, as amended (50 U.S.C. App. 2286(a)(4)), relating to the

establishment and maintenance of personnel standards on the merit

basis that was delegated to the Director of the Office of Personnel

Management by Section 1(b) of Executive Order No. 11589, as amended

(Section 2-101(b) of Executive Order No. 12107) [5 U.S.C. 3376

note].

4-104. The Secretary of Homeland Security is authorized to

redelegate, in accord with the provisions of Section 1(b) of

Reorganization Plan No. 1 of 1958 (50 U.S.C. App. 2271 note) [now

set out above], any of the functions delegated by Sections 4-101,

4-102, and 4-103 of this Order.

4-105. The functions vested in the Administrator of the Federal

Civil Defense Administration by Section 43 of the Act of August 10,

1956 (70A Stat. 636) [50 U.S.C. App. 2285], were transferred to the

President by Reorganization Plan No. 1 of 1958, as amended (50

U.S.C. App. 2271 note) [now set out above], were subsequently

revested in the Director of the Office of Civil and Defense

Mobilization by Section 512 of Public Law 86-500 (50 U.S.C. App.

2285) [the office was changed to Office of Emergency Planning by

Public Law 87-296 (75 Stat. 630) and then to the Office of

Emergency Preparedness by Section 402 of Public Law 90-608 (82

Stat. 1194)], were again transferred to the President by Section 1

of Reorganization Plan No. 1 of 1973 (50 U.S.C. App. 2271 note)

[now set out above], and they are hereby delegated to the Secretary

of Homeland Security.

4-106. The functions vested in the Director of the Office of

Emergency Preparedness by Section 16 of the Act of September 23,

1950, as amended (20 U.S.C. 646), and by Section 7 of the Act of

September 30, 1950, as amended (20 U.S.C. 241-1), were transferred

to the President by Section 1 of Reorganization Plan No. 1 of 1973

(50 U.S.C. App. 2271 note) [now set out above], and they are hereby

delegated to the Secretary of Homeland Security.

4-107. That function vested in the Director of the Office of

Emergency Preparedness by Section 762(a) of the Higher Education

Act of 1965, as added by Section 161(a) of the Education Amendments

of 1972, and as further amended (20 U.S.C. 1132d-1(a)), to the

extent transferred to the President by Reorganization Plan No. 1 of

1973 (50 U.S.C. App. 2271 note) [now set out above], is hereby

delegated to the Secretary of Homeland Security.

4-2. Delegation of Functions Vested in the President.

4-201. The functions vested in the President by the Disaster

Relief Act of 1970, as amended (42 U.S.C. Chapter 58 note), are

hereby delegated to the Secretary of Homeland Security.

4-202. The functions (related to grants for damages resulting

from hurricane and tropical storm Agnes) vested in the President by

Section 4 of Public Law 92-335 (86 Stat. 556) are hereby delegated

to the Secretary of Homeland Security.

Section [sic] 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) [42 U.S.C. 5170], Section 501 (relating

to the declaration of emergencies) [42 U.S.C. 5191], Section 405

(relating to the repair, reconstruction, restoration, or

replacement of Federal facilities) [42 U.S.C. 5171], and Section

412 (relating to food coupons and distribution) [42 U.S.C. 5179],

are hereby delegated to the Secretary of Homeland Security.

4-204. The functions vested in the President by the Earthquake

Hazards Reduction Act of 1977, as amended (42 U.S.C. 7701 et seq.)

are delegated to the Secretary of Homeland Security.

4-205. Effective July 30, 1979, the functions vested in the

President by Section 4(h) of the Commodity Credit Corporation

Charter Act, as amended (15 U.S.C. 714b(h)), are hereby delegated

to the Secretary of Homeland Security.

4-206. Effective July 30, 1979, the functions vested in the

President by Section 204(f) of the Federal Property and

Administrative Services Act of 1949, as amended (40 U.S.C. 485(f))

[now 40 U.S.C. 574(d)], are hereby delegated to the Secretary of

Homeland Security.

4-207. The functions vested in the President by Section 502 of

the Federal Civil Defense Act of 1950, as amended (50 U.S.C. App.

2302), are delegated to the Secretary of Homeland Security.

SEC. 5. OTHER EXECUTIVE ORDERS

5-1. Revocations.

5-101. Executive Order No. 10242, as amended, entitled

"Prescribing Regulations Governing the Exercise by the Federal

Civil Defense Administrator of Certain Administrative Authority

Granted by the Federal Civil Defense Act of 1950", is revoked.

5-102. Sections 1 and 2 of Executive Order No. 10296, as amended,

entitled "Providing for the Performance of Certain Defense Housing

and Community Facilities and Service Functions", are revoked.

5-103. Executive Order No. 10494, as amended, relating to the

disposition of remaining functions, is revoked.

5-104. Executive Order No. 10529, as amended, relating to federal

employee participation in State and local civil defense programs,

is revoked.

5-105. Section 3 of Executive Order No. 10601, as amended, which

concerns the Commodity Set Aside, is revoked.

5-106. Executive Order No. 10634, as amended, relating to loans

for facilities destroyed or damaged by a major disaster, is

revoked.

5-107. Section 4(d)(2) of Executive Order No. 10900, as amended,

which concerns foreign currencies made available to make purchases

for the supplemental stockpile, is revoked.

5-108. Executive Order No. 10952, as amended, entitled "Assigning

Civil Defense Responsibilities to the Secretary of Defense and

Others", is revoked.

5-109. Executive Order No. 11051, as amended, relating to

responsibilities of the Office of Emergency Preparedness, is

revoked.

5-110. Executive Order No. 11415, as amended, relating to the

Health Resources Advisory Committee, is revoked.

5-111. Executive Order No. 11795, as amended, entitled

"Delegating Disaster Relief Functions Pursuant to the Disaster

Relief Act of 1974", is revoked, except for Section 3 thereof.

5-112. Executive Order No. 11725, as amended, entitled "Transfer

of Certain Functions of the Office of Emergency Preparedness", is

revoked.

5-113. Executive Order No. 11749, as amended, entitled

"Consolidating Disaster Relief Functions Assigned to the Secretary

of Housing and Urban Development" is revoked.

5-2. Amendments.

5-201. Executive Order No. 10421, as amended, relating to

physical security of defense facilities [formerly set out as a note

under 50 U.S.C. 404] is further amended by (a) substituting the

"Director of the Federal Emergency Management Agency" for "Director

of the Office of Emergency Planning" in Sections 1(a), 1(c), and

6(b); and, (b) substituting "Federal Emergency Management Agency"

for "Office of Emergency Planning" in Sections 6(b) and 7(b).

5-202. Executive Order No. 10480, as amended [50 U.S.C. App. 2153

note], is further amended by (a) substituting "Director of the

Federal Emergency Management Agency" for "Director of the Office of

Emergency Planning" in Sections 101(a), 101(b), 201(a), 201(b),

301, 304, 307, 308, 310(b), 311(b), 312, 313, 401(b), 401(e), and

605; and, (b) substituting "Director of the Federal Emergency

Management Agency" for "Administrator of General Services" in

Sections 305, 501, and 610.

5-203. Section 3(d) of Executive Order No. 10582, as amended,

which relates to determinations under the Buy American Act [41

U.S.C. 10d note] is amended by deleting "Director of the Office of

Emergency Planning" and substituting therefor "Director of the

Federal Emergency Management Agency".

5-204. Paragraph 21 of Executive Order No. 10789, as amended [50

U.S.C. 1431 note], is further amended by adding "The Federal

Emergency Management Agency" after "Government Printing Office".

5-205. Executive Order No. 11179, as amended, concerning the

National Defense Executive Reserve [50 U.S.C. App. 2153 note], is

further amended by deleting "Director of the Office of Emergency

Planning" in Section 2 and substituting therefor "Director of the

Federal Emergency Management Agency".

5-206. Section 7 of Executive Order No. 11912, as amended,

concerning energy policy and conservation [42 U.S.C. 6201 note], is

further amended by deleting "Administrator of General Services" and

substituting therefor "Director of the Federal Emergency Management

Agency".

5-207. Section 2(d) of Executive Order No. 11988 entitled

"Floodplain Management" [42 U.S.C. 4321 note] is amended by

deleting "Federal Insurance Administration" and substituting

therefor "Director of the Federal Emergency Management Agency".

5-208. Section 5-3 of Executive Order No. 12046 of March 29, 1978

[47 U.S.C. 305 note], is amended by deleting "General Services

Administration" and substituting therefor "Federal Emergency

Management Agency" and by deleting "Administrator of General

Services" and substituting therefor "Director of the Federal

Emergency Management Agency".

5-209. Section 1-201 of Executive Order No. 12065 [50 U.S.C. 435

note] is amended by adding "The Director of the Federal Emergency

Management Agency" after "The Administrator, National Aeronautics

and Space Administration" and by deleting "Director, Federal

Preparedness Agency and to the" from the parentheses after "The

Administrator of General Services".

5-210. Section 1-102 of Executive Order No. 12075 of August 16,

1978 [42 U.S.C. 1450 note], is amended by adding in alphabetical

order "(p) Federal Emergency Management Agency".

5-211. Section 1-102 of Executive Order No. 12083 of September

27, 1978 [42 U.S.C. 7101 note] is amended by adding in alphabetical

order "(z) the Director of the Federal Emergency Management

Agency".

5-212. Section 9.11(b) of Civil Service Rule IX (5 CFR Part 9) [5

U.S.C. 3301 note] is amended by deleting "the Defense Civil

Preparedness Agency and".

5-213. [Revoked by Ex. Ord. No. 12381, Sept. 8, 1982, 47 F.R.

39795.]

5-214. Executive Order No. 11490, as amended [see note above] is

further amended as follows:

(a) Delete the last sentence of Section 102(a) and substitute

therefor the following: "The activities undertaken by the

departments and agencies pursuant to this Order, except as provided

in Section 3003, shall be in accordance with guidance provided by,

and subject to, evaluation by the Director of the Federal Emergency

Management Agency.".

(b) Delete Section 103 entitled "Presidential Assistance" and

substitute the following new Section 103: "Sec. 103 General

Coordination. The Director of the Federal Emergency Management

Agency (FEMA) shall determine national preparedness goals and

policies for the performance of functions under this Order and

coordinate the performance of such functions with the total

national preparedness programs.".

(c) Delete the portion of the first sentence of Section 401 prior

to the colon and insert the following: "The Secretary of Defense

shall perform the following emergency preparedness functions".

(d) Delete "Director of the Federal Preparedness Agency (GSA)" or

"the Federal Preparedness Agency (GSA)" and substitute therefor

"Director, FEMA", in Sections 401(3), 401(4), 401(5), 401(9),

401(10), 401(14), 401(15), 401(16), 401(19), 401(21), 401(22),

501(8), 601(2), 904(2), 1102(2), 1204(2), 1401(a), 1701, 1702,

2003, 2004, 2801(5), 3001, 3002(2), 3004, 3005, 3006, 3008, 3010,

and 3013.

(e) The number assigned to this Order shall be substituted for

"11051 of September 27, 1962" in Section 3001, and for "11051" in

Sections 1802, 2002(3), 3002 and 3008(1).

(f) The number assigned to this Order shall be substituted for

"10952" in Sections 1103, 1104, 1205, and 3002.

(g) Delete "Department of Defense" in Sections 502, 601(1), 804,

905, 1103, 1104, 1106(4), 1205, 2002(8), the first sentence of

Section 3002, and Sections 3008(1) and 3010 and substitute therefor

"Director of the Federal Emergency Management Agency.".

SEC. 6.

This Order is effective July 15, 1979.

[Section 1-106 of Ex. Ord. No. 12155, which enacted sections

4-205 and 4-206 of Ex. Ord. No. 12148, was revoked by Pub. L.

100-180, div. C, title II, Sec. 3203(b), Dec. 4, 1987, 101 Stat.

1247.]

EX. ORD. NO. 12472. ASSIGNMENT OF NATIONAL SECURITY AND EMERGENCY

PREPAREDNESS TELECOMMUNICATIONS FUNCTIONS

Ex. Ord. No. 12472, Apr. 3, 1984, 49 F.R. 13471, as amended by

Ex. Ord. No. 13286, Sec. 46, Feb. 28, 2003, 68 F.R. 10627,

provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, including the

Communications Act of 1934, as amended (47 U.S.C. 151), the

National Security Act of 1947, as amended, the Defense Production

Act of 1950, as amended (50 U.S.C. App. 2061), the Federal Civil

Defense Act of 1950, as amended (50 U.S.C. App. 2251), the Disaster

Relief Act of 1974 (42 U.S.C. 5121), Section 5 of Reorganization

Plan No. 1 of 1977 (3 C.F.R. 197, 1978 Comp.) [5 U.S.C. App.], and

Section 203 of Reorganization Plan No. 3 of 1978 (3 C.F.R. 389,

1978 Comp.) [5 U.S.C. App.], and in order to provide for the

consolidation of assignment and responsibility for improved

execution of national security and emergency preparedness

telecommunications functions, it is hereby ordered as follows:

Section 1. The National Communications System. (a) There is

hereby established the National Communications System (NCS). The

NCS shall consist of the telecommunications assets of the entities

represented on the NCS Committee of Principals and an

administrative structure consisting of the Executive Agent, the NCS

Committee of Principals and the Manager. The NCS Committee of

Principals shall consist of representatives from those Federal

departments, agencies or entities, designated by the President,

which lease or own telecommunications facilities or services of

significance to national security or emergency preparedness, and,

to the extent permitted by law, other Executive entities which bear

policy, regulatory or enforcement responsibilities of importance to

national security or emergency preparedness telecommunications

capabilities.

(b) The mission of the NCS shall be to assist the President, the

National Security Council, the Homeland Security Council, the

Director of the Office of Science and Technology Policy and the

Director of the Office of Management and Budget in:

(1) the exercise of the telecommunications functions and

responsibilities set forth in Section 2 of this Order; and

(2) the coordination of the planning for and provision of

national security and emergency preparedness communications for the

Federal government under all circumstances, including crisis or

emergency, attack, recovery and reconstitution.

(c) The NCS shall seek to ensure that a national

telecommunications infrastructure is developed which:

(1) Is responsive to the national security and emergency

preparedness needs of the President and the Federal departments,

agencies and other entities, including telecommunications in

support of national security leadership and continuity of

government;

(2) Is capable of satisfying priority telecommunications

requirements under all circumstances through use of commercial,

government and privately owned telecommunications resources;

(3) Incorporates the necessary combination of hardness,

redundancy, mobility, connectivity, interoperability, restorability

and security to obtain, to the maximum extent practicable, the

survivability of national security and emergency preparedness

telecommunications in all circumstances, including conditions of

crisis or emergency; and

(4) Is consistent, to the maximum extent practicable, with other

national telecommunications policies.

(d) To assist in accomplishing its mission, the NCS shall:

(1) serve as a focal point for joint industry-government national

security and emergency preparedness telecommunications planning;

and

(2) establish a joint industry-government National Coordinating

Center which is capable of assisting in the initiation,

coordination, restoration and reconstitution of national security

or emergency preparedness telecommunications services or facilities

under all conditions of crisis or emergency.

(e) The Secretary of Homeland Security is designated as the

Executive Agent for the NCS. The Executive Agent shall:

(1) Designate the Manager of the NCS;

(2) Ensure that the NCS conducts unified planning and operations,

in order to coordinate the development and maintenance of an

effective and responsive capability for meeting the domestic and

international national security and emergency preparedness

telecommunications needs of the Federal government;

(3) Ensure that the activities of the NCS are conducted in

conjunction with the emergency management activities of the

Department of Homeland Security;

(4) Recommend, in consultation with the NCS Committee of

Principals, to the National Security Council, the Homeland Security

Council, the Director of the Office of Science and Technology

Policy, or the Director of the Office of Management and Budget, as

appropriate:

a. The assignment of implementation or other responsibilities to

NCS member entities;

b. New initiatives to assist in the exercise of the functions

specified in Section 2; and

c. Changes in the composition or structure of the NCS;

(5) Oversee the activities of and provide personnel and

administrative support to the Manager of the NCS;

(6) Provide staff support and technical assistance to the

National Security Telecommunications Advisory Committee established

by Executive Order No. 12382, as amended [47 U.S.C. 901 note]; and

(7) Perform such other duties as are from time to time assigned

by the President or his authorized designee.

(f) The NCS Committee of Principals shall:

(1) Serve as the forum in which each member of the Committee may

review, evaluate, and present views, information and

recommendations concerning ongoing or prospective national security

or emergency preparedness telecommunications programs or activities

of the NCS and the entities represented on the Committee;

(2) Serve as the forum in which each member of the Committee

shall report on and explain ongoing or prospective

telecommunications plans and programs developed or designed to

achieve national security or emergency preparedness

telecommunications objectives;

(3) Provide comments or recommendations, as appropriate, to the

National Security Council, the Homeland Security Council, the

Director of the Office of Science and Technology Policy, the

Director of the Office of Management and Budget, the Executive

Agent, or the Manager of the NCS, regarding ongoing or prospective

activities of the NCS; and

(4) Perform such other duties as are from time to time assigned

by the President or his authorized designee.

(g) The Manager of the NCS shall:

(1) Develop for consideration by the NCS Committee of Principals

and the Executive Agent:

a. A recommended evolutionary telecommunications architecture

designed to meet current and future Federal government national

security and emergency preparedness telecommunications

requirements;

b. Plans and procedures for the management, allocation and use,

including the establishment of priorities or preferences, of

Federally owned or leased telecommunications assets under all

conditions of crisis or emergency;

c. Plans, procedures and standards for minimizing or removing

technical impediments to the interoperability of government-owned

and/or commercially-provided telecommunications systems;

d. Test and exercise programs and procedures for the evaluation

of the capability of the Nation's telecommunications resources to

meet national security or emergency preparedness telecommunications

requirements; and

e. Alternative mechanisms for funding, through the budget review

process, national security or emergency preparedness

telecommunications initiatives which benefit multiple Federal

departments, agencies, or entities. Those mechanisms recommended by

the NCS Committee of Principals and the Executive Agent shall be

submitted to the Director of the Office of Management and Budget.

(2) Implement and administer any approved plans or programs as

assigned, including any system of priorities and preferences for

the provision of communications service, in consultation with the

NCS Committee of Principals and the Federal Communications

Commission, to the extent practicable or otherwise required by law

or regulation;

(3) Chair the NCS Committee of Principals and provide staff

support and technical assistance thereto;

(4) Serve as a focal point for joint industry-government

planning, including the dissemination of technical information,

concerning the national security or emergency preparedness

telecommunications requirements of the Federal government;

(5) Conduct technical studies or analyses, and examine research

and development programs, for the purpose of identifying, for

consideration by the NCS Committee of Principals and the Executive

Agent, improved approaches which may assist Federal entities in

fulfilling national security or emergency preparedness

telecommunications objectives;

(6) Pursuant to the Federal Standardization Program of the

General Services Administration, and in consultation with other

appropriate entities of the Federal government including the NCS

Committee of Principals, manage the Federal Telecommunications

Standards Program, ensuring wherever feasible that existing or

evolving industry, national, and international standards are used

as the basis for Federal telecommunications standards; and

(7) Provide such reports and perform such other duties as are

from time to time assigned by the President or his authorized

designee, the Executive Agent, or the NCS Committee of Principals.

Any such assignments of responsibility to, or reports made by, the

Manager shall be transmitted through the Executive Agent.

Sec. 2. Executive Office Responsibilities. (a) Wartime Emergency

Functions. (1) The National Security Council shall provide policy

direction for the exercise of the war power functions of the

President under Section 606 of the Communications Act of 1934, as

amended (47 U.S.C. 606), should the President issue implementing

instructions in accordance with the National Emergencies Act (50

U.S.C. 1601).

(2) The Director of the Office of Science and Technology Policy

shall direct the exercise of the war power functions of the

President under Section 606(a), (c)-(e), of the Communications Act

of 1934, as amended (47 U.S.C. 606), should the President issue

implementing instructions in accordance with the National

Emergencies Act (50 U.S.C. 1601).

(b) Non-Wartime Emergency Functions. (1) The National Security

Council, in consultation with the Homeland Security Council, shall:

a. Advise and assist the President in coordinating the

development of policy, plans, programs and standards within the

Federal government for the identification, allocation, and use of

the Nation's telecommunications resources by the Federal

government, and by State and local governments, private industry

and volunteer organizations upon request, to the extent practicable

and otherwise consistent with law, during those crises or

emergencies in which the exercise of the President's war power

functions is not required or permitted by law; and

b. Provide policy direction for the exercise of the President's

non-wartime emergency telecommunications functions, should the

President so instruct.

(2) The Director of the Office of Science and Technology Policy

shall provide information, advice, guidance and assistance, as

appropriate, to the President and to those Federal departments and

agencies with responsibilities for the provision, management, or

allocation of telecommunications resources, during those crises or

emergencies in which the exercise of the President's war power

functions is not required or permitted by law;

(3) The Director of the Office of Science and Technology Policy

shall establish a Joint Telecommunications Resources Board (JTRB)

to assist him in the exercise of the functions specified in this

subsection. The Director of the Office of Science and Technology

Policy shall serve as chairman of the JTRB; select those Federal

departments, agencies, or entities which shall be members of the

JTRB; and specify the functions it shall perform.

(c) Planning and Oversight Responsibilities. (1) The National

Security Council shall advise and assist the President in:

a. Coordinating the development of policy, plans, programs and

standards for the mobilization and use of the Nation's commercial,

government, and privately owned telecommunications resources, in

order to meet national security or emergency preparedness

requirements;

b. Providing policy oversight and direction of the activities of

the NCS; and

c. Providing policy oversight and guidance for the execution of

the responsibilities assigned to the Federal departments and

agencies by this Order.

(2) The Director of the Office of Science and Technology Policy

shall make recommendations to the President with respect to the

test, exercise and evaluation of the capability of existing and

planned communications systems, networks or facilities to meet

national security or emergency preparedness requirements and report

the results of any such tests or evaluations and any recommended

remedial actions to the President and to the National Security

Council;

(3) The Director of the Office of Science and Technology Policy

or his designee shall advise and assist the President in the

administration of a system of radio spectrum priorities for those

spectrum dependent telecommunications resources of the Federal

government which support national security or emergency

preparedness functions. The Director also shall certify or approve

priorities for radio spectrum use by the Federal government,

including the resolution of any conflicts in or among priorities,

under all conditions of crisis or emergency; and

(4) The National Security Council, the Homeland Security Council,

the Director of the Office of Science and Technology Policy and the

Director of the Office of Management and Budget shall, in

consultation with the Executive Agent for the NCS and the NCS

Committee of Principals, determine what constitutes national

security and emergency preparedness telecommunications

requirements.

(d) Consultation with Federal Departments and Agencies. In

performing the functions assigned under this Order, the National

Security Council, the Homeland Security Council, and the Director

of the Office of Science and Technology Policy, in consultation

with each other, shall:

(1) Consult, as appropriate, with the Director of the Office of

Management and Budget; the Secretary of Homeland Security with

respect to the emergency management responsibilities assigned

pursuant to Executive Order No. 12148, as amended [set out above];

the Secretary of Commerce, with respect to responsibilities

assigned pursuant to Executive Order No. 12046 [47 U.S.C. 305

note]; the Secretary of Defense, with respect to communications

security responsibilities assigned pursuant to Executive Order No.

12333 [50 U.S.C. 401 note]; and the Chairman of the Federal

Communications Commission or his authorized designee; and

(2) Establish arrangements for consultation among all interested

Federal departments, agencies or entities to ensure that the

national security and emergency preparedness communications needs

of all Federal government entities are identified; that mechanisms

to address such needs are incorporated into pertinent plans and

procedures; and that such needs are met in a manner consistent, to

the maximum extent practicable, with other national

telecommunications policies.

(e) Budgetary Guidelines. The Director of the Office of

Management and Budget, in consultation with the National Security

Council, the Homeland Security Council, and the NCS, will prescribe

general guidelines and procedures for reviewing the financing of

the NCS within the budgetary process and for preparation of budget

estimates by participating agencies. These guidelines and

procedures may provide for mechanisms for funding, through the

budget review process, national security and emergency preparedness

telecommunications initiatives which benefit multiple Federal

departments, agencies, or entities.

Sec. 3. Assignment of Responsibilities to Other Departments and

Agencies. In order to support and enhance the capability to satisfy

the national security and emergency preparedness telecommunications

needs of the Federal government, State and local governments,

private industry and volunteer organizations, under all

circumstances including those of crisis or emergency, the Federal

departments and agencies shall perform the following functions:

(a) Department of Commerce. The Secretary of Commerce shall, for

all conditions of crisis or emergency: (1) Develop plans and

procedures concerning radio spectrum assignments, priorities and

allocations for use by Federal departments, agencies and entities;

and

(2) Develop, maintain and publish policy, plans, and procedures

for the control and allocation of frequency assignments, including

the authority to amend, modify or revoke such assignments, in those

parts of the electromagnetic spectrum assigned to the Federal

government.

(b) Department of Homeland Security. The Secretary of Homeland

Security shall:

(1) Plan for and provide, operate and maintain telecommunications

services and facilities, as part of its National Emergency

Management System, adequate to support its assigned emergency

management responsibilities;

(2) Advise and assist State and local governments and volunteer

organizations, upon request and to the extent consistent with law,

in developing plans and procedures for identifying and satisfying

their national security or emergency preparedness

telecommunications requirements;

(3) Ensure, to the maximum extent practicable, that national

security and emergency preparedness telecommunications planning by

State and local governments and volunteer organizations is mutually

supportive and consistent with the planning of the Federal

government; and

(4) Develop, upon request and to the extent consistent with law

and in consonance with regulations promulgated by and agreements

with the Federal Communications Commission, plans and capabilities

for, and provide policy and management oversight of, the Emergency

Broadcast System, and advise and assist private radio licensees of

the Commission in developing emergency communications plans,

procedures and capabilities.

(c) Department of State. The Secretary of State, in accordance

with assigned responsibilities within the Diplomatic

Telecommunications System, shall plan for and provide, operate and

maintain rapid, reliable and secure telecommunications services to

those Federal entities represented at United States diplomatic

missions and consular offices overseas. This responsibility shall

include the provision and operation of domestic telecommunications

in support of assigned national security or emergency preparedness

responsibilities.

(d) Department of Defense. In addition to the other

responsibilities assigned by this Order, the Secretary of Defense

shall:

(1) Plan for and provide, operate and maintain telecommunications

services and facilities adequate to support the National Command

Authorities and to execute the responsibilities assigned by

Executive Order No. 12333 [50 U.S.C. 401 note]; and

(2) Ensure that the Director of the National Security Agency

provides the technical support necessary to develop and maintain

plans adequate to provide for the security and protection of

national security and emergency preparedness telecommunications.

(3) Nothing in this order shall be construed to impair or

otherwise affect the authority of the Secretary of Defense with

respect to the Department of Defense, including the chain of

command for the armed forces of the United States under section

162(b) of title 10, United States Code, and the authority of the

Secretary of Defense with respect to the Department of Defense

under section 113(b) of that title.

(e) Department of Justice. The Attorney General shall, as

necessary, review for legal sufficiency, including consistency with

the antitrust laws, all policies, plans or procedures developed

pursuant to responsibilities assigned by this Order.

(f) Central Intelligence Agency. The Director of Central

Intelligence shall plan for and provide, operate, and maintain

telecommunications services adequate to support its assigned

responsibilities, including the dissemination of intelligence

within the Federal government.

(g) General Services Administration. Except as otherwise assigned

by this Order, the Administrator of General Services, consistent

with policy guidance provided by the Director of the Office of

Management and Budget, shall ensure that Federally owned or managed

domestic communications facilities and services meet the national

security and emergency preparedness requirements of the Federal

civilian departments, agencies and entities.

(h) Federal Communications Commission. The Federal Communications

Commission shall, consistent with Section 4(c) of this Order:

(1) Review the policies, plans and procedures of all entities

licensed or regulated by the Commission that are developed to

provide national security or emergency preparedness communications

services, in order to ensure that such policies, plans and

procedures are consistent with the public interest, convenience and

necessity;

(2) Perform such functions as required by law with respect to all

entities licensed or regulated by the Commission, including (but

not limited to) the extension, discontinuance or reduction of

common carrier facilities or services; the control of common

carrier rates, charges, practices and classifications; the

construction, authorization, activation, deactivation or closing of

radio stations, services and facilities; the assignment of radio

frequencies to Commission licensees; the investigation of

violations of pertinent law and regulation; and the initiation of

appropriate enforcement actions;

(3) Develop policy, plans and procedures adequate to execute the

responsibilities assigned in this Order under all conditions or

crisis or emergency; and

(4) Consult as appropriate with the Executive Agent for the NCS

and the NCS Committee of Principals to ensure continued

coordination of their respective national security and emergency

preparedness activities.

(i) All Federal departments and agencies, to the extent

consistent with law (including those authorities and

responsibilities set forth in Section 4(c) of this Order), shall:

(1) Determine their national security and emergency preparedness

telecommunications requirements, and provide information regarding

such requirements to the Manager of the NCS;

(2) Prepare policies, plans and procedures concerning

telecommunications facilities, services or equipment under their

management or operational control to maximize their capability of

responding to the national security or emergency preparedness needs

of the Federal government;

(3) Provide, after consultation with the Director of the Office

of Management and Budget, resources to support their respective

requirements for national security and emergency preparedness

telecommunications; and provide personnel and staff support to the

Manager of the NCS as required by the President;

(4) Make information available to, and consult with, the Manager

of the NCS regarding agency telecommunications activities in

support of national security or emergency preparedness;

(5) Consult, consistent with the provisions of Executive Order

No. 12046, as amended [47 U.S.C. 305 note], and in conjunction with

the Manager of the NCS, with the Federal Communications Commission

regarding execution of responsibilities assigned by this Order;

(6) Submit reports annually, or as otherwise requested, to the

Manager of the NCS, regarding agency national security or emergency

preparedness telecommunications activities; and

(7) Cooperate with and assist the Executive Agent for the NCS,

the NCS Committee of Principals, the Manager of the NCS, and other

departments and agencies in the execution of the functions set

forth in this Order, furnishing them such information, support and

assistance as may be required.

(j) Each Federal department or agency shall execute the

responsibilities assigned by this Order in conjunction with the

emergency management activities of the Department of Homeland

Security, and in regular consultation with the Executive Agent for

the NCS and the NCS Committee of Principals to ensure continued

coordination of NCS and individual agency telecommunications

activities.

Sec. 4. General Provisions. (a) All Executive departments and

agencies may issue such rules and regulations as may be necessary

to carry out the functions assigned under this Order.

(b) In order to reflect the assignments of responsibility

provided by this Order,

(1) Sections 2-414, 4-102, 4-103, 4-202, 4-302, 5-3, and 6-101 of

Executive Order No. 12046, as amended [47 U.S.C. 305], are revoked;

(2) The Presidential Memorandum of August 21, 1963, as amended,

entitled "Establishment of the National Communications System", is

hereby superseded; and

(3) Section 2-411 of Executive Order No. 12046, as amended [47

U.S.C. 305], is further amended by deleting the period and

inserting ", except as otherwise provided by Executive Order No."

and inserting the number assigned to this Order.

(c) Nothing in this Order shall be deemed to affect the

authorities or responsibilities of the Director of the Office of

Management and Budget, or any Office or official thereof; or

reassign any function assigned any agency under the Federal

Property and Administrative Services Act of 1949, as amended; or

under any other law; or any function vested by law in the Federal

Communications Commission.

Sec. 5. This Order shall be effective upon publication in the

Federal Register.

EX. ORD. NO. 12656. ASSIGNMENT OF EMERGENCY PREPAREDNESS

RESPONSIBILITIES

Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, as amended by

Ex. Ord. No. 13074, Feb. 9, 1998, 63 F.R. 7277; Ex. Ord. No. 13228,

Sec. 9, Oct. 8, 2001, 66 F.R. 51816; Ex. Ord. No. 13286, Sec. 42,

Feb. 28, 2003, 68 F.R. 10626, provided:

WHEREAS our national security is dependent upon our ability to

assure continuity of government, at every level, in any national

security emergency situation that might confront the Nation; and

WHEREAS effective national preparedness planning to meet such an

emergency, including a massive nuclear attack, is essential to our

national survival; and

WHEREAS effective national preparedness planning requires the

identification of functions that would have to be performed during

such an emergency, the assignment of responsibility for developing

plans for performing these functions, and the assignment of

responsibility for developing the capability to implement those

plans; and

WHEREAS the Congress has directed the development of such

national security emergency preparedness plans and has provided

funds for the accomplishment thereof;

NOW, THEREFORE, by virtue of the authority vested in me as

President by the Constitution and laws of the United States of

America, and pursuant to Reorganization Plan No. 1 of 1958 (72

Stat. 1799) [set out above], the National Security Act of 1947, as

amended [50 U.S.C. 401 et seq.], the Defense Production Act of

1950, as amended [see 50 U.S.C. App. 2061], and the Federal Civil

Defense Act, as amended, it is hereby ordered that the

responsibilities of the Federal departments and agencies in

national security emergencies shall be as follows:

PART 1 - PREAMBLE

Section 101. National Security Emergency Preparedness Policy.

(a) The policy of the United States is to have sufficient

capabilities at all levels of government to meet essential defense

and civilian needs during any national security emergency. A

national security emergency is any occurrence, including natural

disaster, military attack, technological emergency, or other

emergency, that seriously degrades or seriously threatens the

national security of the United States. Policy for national

security emergency preparedness shall be established by the

President. Pursuant to the President's direction, the National

Security Council shall be responsible for developing and

administering such policy, except that the Homeland Security

Council shall be responsible for administering such policy with

respect to terrorist threats and attacks within the United States.

All national security emergency preparedness activities shall be

consistent with the Constitution and laws of the United States and

with preservation of the constitutional government of the United

States.

(b) Effective national security emergency preparedness planning

requires: identification of functions that would have to be

performed during such an emergency; development of plans for

performing these functions; and development of the capability to

execute those plans.

Sec. 102. Purpose.

(a) The purpose of this Order is to assign national security

emergency preparedness responsibilities to Federal departments and

agencies. These assignments are based, whenever possible, on

extensions of the regular missions of the departments and agencies.

(b) This Order does not constitute authority to implement the

plans prepared pursuant to this Order. Plans so developed may be

executed only in the event that authority for such execution is

authorized by law.

Sec. 103. Scope.

(a) This Order addresses national security emergency preparedness

functions and activities. As used in this Order, preparedness

functions and activities include, as appropriate, policies, plans,

procedures, and readiness measures that enhance the ability of the

United States Government to mobilize for, respond to, and recover

from a national security emergency.

(b) This Order does not apply to those natural disasters,

technological emergencies, or other emergencies, the alleviation of

which is normally the responsibility of individuals, the private

sector, volunteer organizations, State and local governments, and

Federal departments and agencies unless such situations also

constitute a national security emergency.

(c) This Order does not require the provision of information

concerning, or evaluation of, military policies, plans, programs,

or states of military readiness.

(d) This Order does not apply to national security emergency

preparedness telecommunications functions and responsibilities that

are otherwise assigned by Executive Order 12472 [set out above].

Sec. 104. Management of National Security Emergency Preparedness.

(a) The National Security Council is the principal forum for

consideration of national security emergency preparedness policy,

except that the Homeland Security Council is the principal forum

for consideration of policy relating to terrorist threats and

attacks within the United States.

(b) The National Security Council and the Homeland Security

Council shall arrange for Executive branch liaison with, and

assistance to, the Congress and the Federal judiciary on national

security-emergency preparedness matters.

(c) The Secretary of Homeland Security shall serve as an advisor

to the National Security Council and the Homeland Security Council

on issues of national security emergency preparedness, including

mobilization preparedness, civil defense, continuity of government,

technological disasters, and other issues, as appropriate. Pursuant

to such procedures for the organization and management of the

National Security Council and Homeland Security Council processes

as the President may establish, the Secretary of Homeland Security

also shall assist in the implementation of and management of those

processes as the President may establish. The Secretary of Homeland

Security also shall assist in the implementation of national

security emergency preparedness policy by coordinating with the

other Federal departments and agencies and with State and local

governments, and by providing periodic reports to the National

Security Council and the Homeland Security Council on

implementation of national security emergency preparedness policy.

(d) National security emergency preparedness functions that are

shared by more than one agency shall be coordinated by the head of

the Federal department or agency having primary responsibility and

shall be supported by the heads of other departments and agencies

having related responsibilities.

(e) There shall be a national security emergency exercise program

that shall be supported by the heads of all appropriate Federal

departments and agencies.

(f) Plans and procedures will be designed and developed to

provide maximum flexibility to the President for his implementation

of emergency actions.

Sec. 105. Interagency Coordination.

(a) All appropriate Cabinet members and agency heads shall be

consulted regarding national security emergency preparedness

programs and policy issues. Each department and agency shall

support interagency coordination to improve preparedness and

response to a national security emergency and shall develop and

maintain decentralized capabilities wherever feasible and

appropriate.

(b) Each Federal department and agency shall work within the

framework established by, and cooperate with those organizations

assigned responsibility in, Executive Order No. 12472 [set out

above], to ensure adequate national security emergency preparedness

telecommunications in support of the functions and activities

addressed by this Order.

PART 2 - GENERAL PROVISIONS

Sec. 201. General. The head of each Federal department and

agency, as appropriate, shall:

(1) Be prepared to respond adequately to all national security

emergencies, including those that are international in scope, and

those that may occur within any region of the Nation;

(2) Consider national security emergency preparedness factors in

the conduct of his or her regular functions, particularly those

functions essential in time of emergency. Emergency plans and

programs, and an appropriate state of readiness, including

organizational infrastructure, shall be developed as an integral

part of the continuing activities of each Federal department and

agency;

(3) Appoint a senior policy official as Emergency Coordinator,

responsible for developing and maintaining a multi-year, national

security emergency preparedness plan for the department or agency

to include objectives, programs, and budgetary requirements;

(4) Design preparedness measures to permit a rapid and effective

transition from routine to emergency operations, and to make

effective use of the period following initial indication of a

probable national security emergency. This will include:

(a) Development of a system of emergency actions that defines

alternatives, processes, and issues to be considered during various

stages of national security emergencies;

(b) Identification of actions that could be taken in the early

stages of a national security emergency or pending national

security emergency to mitigate the impact of or reduce

significantly the lead times associated with full emergency action

implementation;

(5) Base national security emergency preparedness measures on the

use of existing authorities, organizations, resources, and systems

to the maximum extent practicable;

(6) Identify areas where additional legal authorities may be

needed to assist management and, consistent with applicable

Executive orders, take appropriate measures toward acquiring those

authorities;

(7) Make policy recommendations to the National Security Council

and the Homeland Security Council regarding national security

emergency preparedness activities and functions of the Federal

Government;

(8) Coordinate with State and local government agencies and other

organizations, including private sector organizations, when

appropriate. Federal plans should include appropriate involvement

of and reliance upon private sector organizations in the response

to national security emergencies;

(9) Assist State, local, and private sector entities in

developing plans for mitigating the effects of national security

emergencies and for providing services that are essential to a

national response;

(10) Cooperate, to the extent appropriate, in compiling,

evaluating, and exchanging relevant data related to all aspects of

national security emergency preparedness;

(11) Develop programs regarding congressional relations and

public information that could be used during national security

emergencies;

(12) Ensure a capability to provide, during a national security

emergency, information concerning Acts of Congress, presidential

proclamations, Executive orders, regulations, and notices of other

actions to the Archivist of the United States, for publication in

the Federal Register, or to each agency designated to maintain the

Federal Register in an emergency;

(13) Develop and conduct training and education programs that

incorporate emergency preparedness and civil defense information

necessary to ensure an effective national response;

(14) Ensure that plans consider the consequences for essential

services provided by State and local governments, and by the

private sector, if the flow of Federal funds is disrupted;

(15) Consult and coordinate with the Secretary of Homeland

Security to ensure that those activities and plans are consistent

with current Presidential guidelines and policies.

Sec. 202. Continuity of Government. The head of each Federal

department and agency shall ensure the continuity of essential

functions in any national security emergency by providing for:

succession to office and emergency delegation of authority in

accordance with applicable law; safekeeping of essential resources,

facilities, and records; and establishment of emergency operating

capabilities.

Sec. 203. Resource Management. The head of each Federal

department and agency, as appropriate within assigned areas of

responsibility, shall:

(1) Develop plans and programs to mobilize personnel (including

reservist programs), equipment, facilities, and other resources;

(2) Assess essential emergency requirements and plan for the

possible use of alternative resources to meet essential demands

during and following national security emergencies;

(3) Prepare plans and procedures to share between and among the

responsible agencies resources such as energy, equipment, food,

land, materials, minerals, services, supplies, transportation,

water, and workforce needed to carry out assigned responsibilities

and other essential functions, and cooperate with other agencies in

developing programs to ensure availability of such resources in a

national security emergency;

(4) Develop plans to set priorities and allocate resources among

civilian and military claimants;

(5) identify occupations and skills for which there may be a

critical need in the event of a national security emergency.

Sec. 204. Protection of Essential Resources and Facilities. The

head of each Federal department and agency, within assigned areas

of responsibility, shall:

(1) Identify facilities and resources, both government and

private, essential to the national defense and national welfare,

and assess their vulnerabilities and develop strategies, plans, and

programs to provide for the security of such facilities and

resources, and to avoid or minimize disruptions of essential

services during any national security emergency;

(2) Participate in interagency activities to assess the relative

importance of various facilities and resources to essential

military and civilian needs and to integrate preparedness and

response strategies and procedures;

(3) Maintain a capability to assess promptly the effect of attack

and other disruptions during national security emergencies.

Sec. 205. Federal Benefit, Insurance, and Loan Programs. The head

of each Federal department and agency that administers a loan,

insurance, or benefit program that relies upon the Federal

Government payment system shall coordinate with the Secretary of

the Treasury in developing plans for the continuation or

restoration, to the extent feasible, of such programs in national

security emergencies.

Sec. 206. Research. The Director of the Office of Science and

Technology Policy and the heads of Federal departments and agencies

having significant research and development programs shall advise

the National Security Council and the Homeland Security Council of

scientific and technological developments that should be considered

in national security emergency preparedness planning.

Sec. 207. Redelegation. The head of each Federal department and

agency is hereby authorized, to the extent otherwise permitted by

law, to redelegate the functions assigned by this Order, and to

authorize successive redelegations to organizations, officers, or

employees within that department or agency.

Sec. 208. Transfer of Functions. Recommendations for interagency

transfer of any emergency preparedness function assigned under this

Order or for assignment of any new emergency preparedness function

shall be coordinated with all affected Federal departments and

agencies before submission to the National Security Council or the

Homeland Security Council.

Sec. 209. Retention of Existing Authority. Nothing in this Order

shall be deemed to derogate from assignments of functions to any

Federal department or agency or officer thereof made by law.

PART 3 - DEPARTMENT OF AGRICULTURE

Sec. 301. Lead Responsibilities. In addition to the applicable

responsibilities covered in Parts 1 and 2, the Secretary of

Agriculture shall:

(1) Develop plans to provide for the continuation of agriculture

production, food processing, storage, and distribution through the

wholesale level in national security emergencies, and to provide

for the domestic distribution of seed, feed, fertilizer, and farm

equipment to agricultural producers;

(2) Develop plans to provide food and agricultural products to

meet international responsibilities in national security

emergencies;

(3) Develop plans and procedures for administration and use of

Commodity Credit Corporation inventories of food and fiber

resources in national security emergencies;

(4) Develop plans for the use of resources under the jurisdiction

of the Secretary of Agriculture and, in cooperation with the

Secretaries of Commerce, Defense, and the Interior, the Board of

Directors of the Tennessee Valley Authority, and the heads of other

government entities, plan for the national security emergency

management, production, and processing of forest products;

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

and programs for water to be used in agricultural production and

food processing in national security emergencies;

(6) In cooperation with Federal, State, and local agencies,

develop plans for a national program relating to the prevention and

control of fires in rural areas of the United States caused by the

effects of enemy attack or other national security emergencies;

(7) Develop plans to help provide the Nation's farmers with

production resources, including national security emergency

financing capabilities;

(8) Develop plans, in consonance with those of the Department of

Health and Human Services, the Department of the Interior, and the

Environmental Protection Agency, for national security emergency

agricultural health services and forestry, including:

(a) Diagnosis and control or eradication of diseases, pests, or

hazardous agents (biological, chemical, or radiological) against

animals, crops, timber, or products thereof;

(b) Protection, treatment, and handling of livestock and poultry,

or products thereof, that have been exposed to or affected by

hazardous agents;

(c) Use and handling of crops, agricultural commodities, timber,

and agricultural lands that have been exposed to or affected by

hazardous agents; and

(d) Assuring the safety and wholesomeness, and minimizing losses

from hazards, of animals and animal products and agricultural

commodities and products subject to continuous inspection by the

Department of Agriculture or owned by the Commodity Credit

Corporation or by the Department of Agriculture;

(9) In consultation with the Secretary of State and the Secretary

of Homeland Security, represent the United States in

agriculture-related international civil emergency preparedness

planning and related activities.

Sec. 302. Support Responsibility. The Secretary of Agriculture

shall assist the Secretary of Defense in formulating and carrying

out plans for stockpiling strategic and critical agricultural

materials.

PART 4 - DEPARTMENT OF COMMERCE

Sec. 401. Lead Responsibilities. In addition to the applicable

responsibilities covered in Parts 1 and 2, the Secretary of

Commerce shall:

(1) Develop control systems for priorities, allocation,

production, and distribution of materials and other resources that

will be available to support both national defense and essential

civilian programs in a national security emergency;

(2) In cooperation with the Secretary of Defense and other

departments and agencies, identify those industrial products and

facilities that are essential to mobilization readiness, national

defense, or post-attack survival and recovery;

(3) In cooperation with the Secretary of Defense and other

Federal departments and agencies, analyze potential effects of

national security emergencies on actual production capability,

taking into account the entire production complex, including

shortages of resources, and develop preparedness measures to

strengthen capabilities for production increases in national

security emergencies;

(4) In cooperation with the Secretary of Defense, perform

industry analyses to assess capabilities of the commercial

industrial base to support the national defense, and develop policy

alternatives to improve the international competitiveness of

specific domestic industries and their abilities to meet defense

program needs;

(5) In cooperation with the Secretary of the Treasury, develop

plans for providing emergency assistance to the private sector

through direct or participation loans for the financing of

production facilities and equipment;

(6) In cooperation with the Secretaries of State, Defense,

Transportation, and the Treasury, prepare plans to regulate and

control exports and imports in national security emergencies;

(7) Provide for the collection and reporting of census

information on human and economic resources, and maintain a

capability to conduct emergency surveys to provide information on

the status of these resources as required for national security

purposes;

(8) Develop overall plans and programs to ensure that the fishing

industry continues to produce and process essential protein in

national security emergencies;

(9) Develop plans to provide meteorological, hydrologic, marine

weather, geodetic, hydrographic, climatic, seismic, and

oceanographic data and services to Federal, State, and local

agencies, as appropriate;

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

Secretary of Homeland Security, represent the United States in

industry-related international (NATO and allied) civil emergency

preparedness planning and related activities.

Sec. 402. Support Responsibilities. The Secretary of Commerce

shall:

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

out plans for stockpiling strategic and critical materials;

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

national security management, production, and processing of forest

and fishery products;

(3) Assist, in consultation with the Secretaries of State and

Defense, the Secretary of the Treasury in the formulation and

execution of economic measures affecting other nations.

PART 5 - DEPARTMENT OF DEFENSE

Sec. 501. Lead Responsibilities. In addition to the applicable

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

shall:

(1) Ensure military preparedness and readiness to respond to

national security emergencies;

(2) In coordination with the Secretary of Commerce, develop, with

industry, government, and the private sector, reliable capabilities

for the rapid increase of defense production to include industrial

resources required for that production;

(3) Develop and maintain, in cooperation with the heads of other

departments and agencies, national security emergency plans,

programs, and mechanisms to ensure effective mutual support between

and among the military, civil government, and the private sector;

(4) Develop and maintain damage assessment capabilities and

assist the Secretary of Homeland Security and the heads of other

departments and agencies in developing and maintaining capabilities

to assess attack damage and to estimate the effects of potential

attack on the Nation;

(5) Arrange, through agreements with the heads of other Federal

departments and agencies, for the transfer of certain Federal

resources to the jurisdiction and/or operational control of the

Department of Defense in national security emergencies;

(6) Acting through the Secretary of the Army, develop, with the

concurrence of the heads of all affected departments and agencies,

overall plans for the management, control, and allocation of all

usable waters from all sources within the jurisdiction of the

United States. This includes:

(a) Coordination of national security emergency water resource

planning at the national, regional, State, and local levels;

(b) Development of plans to assure emergency provision of water

from public works projects under the jurisdiction of the Secretary

of the Army to public water supply utilities and critical defense

production facilities during national security emergencies;

(c) Development of plans to assure emergency operation of

waterways and harbors; and

(d) Development of plans to assure the provision of potable

water;

(7) In consultation with the Secretaries of State and Energy, the

Secretary of Homeland Security, and others, as required, develop

plans and capabilities for identifying, analyzing, mitigating, and

responding to hazards related to nuclear weapons, materials, and

devices; and maintain liaison, as appropriate, with the Secretary

of Energy and the Members of the Nuclear Regulatory Commission to

ensure the continuity of nuclear weapons production and the

appropriate allocation of scarce resources, including the recapture

of special nuclear materials from Nuclear Regulatory Commission

licensees when appropriate;

(8) Coordinate with the Administrator of the National Aeronautics

and Space Adminstration [sic] and the Secretary of Energy, as

appropriate, to prepare for the use, maintenance, and development

of technologically advanced aerospace and aeronautical-related

systems, equipment, and methodologies applicable to national

security emergencies;

(9) Develop, in coordination with the Secretaries of Labor and

Homeland Security, the Directors of the Selective Service System,

the Office of Personnel Management, and the Federal Emergency

Management Agency, plans and systems to ensure that the Nation's

human resources are available to meet essential military and

civilian needs in national security emergencies;

(10) Develop national security emergency operational procedures,

and coordinate with the Secretary of Housing and Urban Development

with respect to residential property, for the control, acquisition,

leasing, assignment and priority of occupancy of real property

within the jurisdiction of the Department of Defense;

(11) Review the priorities and allocations systems developed by

other departments and agencies to ensure that they meet Department

of Defense needs in a national security emergency; and develop and

maintain the Department of Defense programs necessary for effective

utilization of all priorities and allocations systems;

(12) Develop, in coordination with the Attorney General of the

United States, specific procedures by which military assistance to

civilian law enforcement authorities may be requested, considered,

and provided;

(13) In cooperation with the Secretary of Commerce and other

departments and agencies, identify those industrial products and

facilities that are essential to mobilization readiness, national

defense, or post-attack survival and recovery;

(14) In cooperation with the Secretary of Commerce and other

Federal departments and agencies, analyze potential effects of

national security emergencies on actual production capability,

taking into account the entire production complex, including

shortages of resources, and develop preparedness measures to

strengthen capabilities for production increases in national

security emergencies;

(15) With the assistance of the heads of other Federal

departments and agencies, provide management direction for the

stockpiling of strategic and critical materials, conduct storage,

maintenance, and quality assurance operations for the stockpile of

strategic and critical materials, and formulate plans, programs,

and reports relating to the stockpiling of strategic and critical

materials.[;]

(16) Subject to the direction of the President, and pursuant to

procedures to be developed jointly by the Secretary of Defense and

the Secretary of State, be responsible for the deployment and use

of military forces for the protection of United States citizens and

nationals and, in connection therewith, designated other persons or

categories of persons, in support of their evacuation from

threatened areas overseas.

Sec. 502. Support Responsibilities. The Secretary of Defense

shall:

(1) Advise and assist the heads of other Federal departments and

agencies in the development of plans and programs to support

national mobilization. This includes providing, as appropriate:

(a) Military requirements, prioritized and time-phased to the

extent possible, for selected end-items and supporting services,

materials, and components;

(b) Recommendations for use of financial incentives and other

methods to improve defense production as provided by law; and

(c) Recommendations for export and import policies;

(2) Advise and assist the Secretary of State and the heads of

other Federal departments and agencies, as appropriate, in planning

for the protection, evacuation, and repatriation of United States

citizens in threatened areas overseas;

(3) Support the Secretary of Housing and Urban Development and

the heads of other agencies, as appropriate, in the development of

plans to restore community facilities;

(4) Support the Secretary of Energy in international liaison

activities pertaining to nuclear materials facilities;

(5) In consultation with the Secretaries of State and Commerce,

assist the Secretary of the Treasury in the formulation and

execution of economic measures that affect other nations;

(6) Support the Secretary of State and the heads of other Federal

departments and agencies as appropriate in the formulation and

implementation of foreign policy, and the negotiation of

contingency and post-emergency plans, intergovernmental agreements,

and arrangements with allies and friendly nations, which affect

national security;

(7) Coordinate with the Secretary of Homeland Security the

development of plans for mutual civil-military support during

national security emergencies;

(8) Develop plans to support the Secretary of Labor in providing

education and training to overcome shortages of critical skills.

PART 6 - DEPARTMENT OF EDUCATION

Sec. 601. Lead Responsibilities. In addition to the applicable

responsibilities covered in Parts 1 and 2, the Secretary of

Education shall:

(1) Assist school systems in developing their plans to provide

for the earliest possible resumption of activities following

national security emergencies;

(2) Develop plans to provide assistance, including efforts to

meet shortages of critical educational personnel, to local

educational agencies;

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

Security, for dissemination of emergency preparedness instructional

material through educational institutions and the media during

national security emergencies.

Sec. 602. Support Responsibilities. The Secretary of Education

shall:

(1) Develop plans to support the Secretary of Labor in providing

education and training to overcome shortages of critical skills;

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

development of human services educational and training materials,

including self-help program materials for use by human service

organizations and professional schools.

PART 7 - DEPARTMENT OF ENERGY

Sec. 701. Lead Responsibilities. In addition to the applicable

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

shall:

(1) Conduct national security emergency preparedness planning,

including capabilities development, and administer operational

programs for all energy resources, including:

(a) Providing information, in cooperation with Federal, State,

and energy industry officials, on energy supply and demand

conditions and on the requirements for and the availability of

materials and services critical to energy supply systems;

(b) In coordination with appropriate departments and agencies and

in consultations with the energy industry, develop implementation

plans and operational systems for priorities and allocation of all

energy resource requirements for national defense and essential

civilian needs to assure national security emergency preparedness;

(c) Developing, in consultation with the Board of Directors of

the Tennessee Valley Authority, plans necessary for the integration

of its power system into the national supply system;

(2) Identify energy facilities essential to the mobilization,

deployment, and sustainment of resources to support the national

security and national welfare, and develop energy supply and demand

strategies to ensure continued provision of minimum essential

services in national security emergencies;

(3) In coordination with the Secretary of Defense, ensure

continuity of nuclear weapons production consistent with national

security requirements;

(4) Assure the security of nuclear materials, nuclear weapons, or

devices in the custody of the Department of Energy, as well as the

security of all other Department of Energy programs and facilities;

(5) In consultation with the Secretaries of State and Defense and

the Secretary of Homeland Security, conduct appropriate

international liaison activities pertaining to matters within the

jurisdiction of the Department of Energy;

(6) In consultation with the Secretaries of State, Defense, and

Homeland Security, the Members of the Nuclear Regulatory

Commission, and others, as required, develop plans and capabilities

for identification, analysis, damage assessment, and mitigation of

hazards from nuclear weapons, materials, and devices;

(7) Coordinate with the Secretary of Transportation in the

planning and management of transportation resources involved in the

bulk movement of energy;

(8) At the request of or with the concurrence of the Nuclear

Regulatory Commission and in consultation with the Secretary of

Defense, recapture special nuclear materials from Nuclear

Regulatory Commission licensees where necessary to assure the use,

preservation, or safeguarding of such material for the common

defense and security;

(9) Develop national security emergency operational procedures

for the control, utilization, acquisition, leasing, assignment, and

priority of occupancy of real property within the jurisdiction of

the Department of Energy;

(10) Manage all emergency planning and response activities

pertaining to Department of Energy nuclear facilities.

Sec. 702. Support Responsibilities. The Secretary of Energy

shall:

(1) Provide advice and assistance, in coordination with

appropriate agencies, to Federal, State, and local officials and

private sector organizations to assess the radiological impact

associated with national security emergencies;

(2) Coordinate with the Secretaries of Defense and the Interior

regarding the operation of hydroelectric projects to assure maximum

energy output;

(3) Support the Secretary of Housing and Urban Development and

the heads of other agencies, as appropriate, in the development of

plans to restore community facilities;

(4) Coordinate with the Secretary of Agriculture regarding the

emergency preparedness of the rural electric supply systems

throughout the Nation and the assignment of emergency preparedness

responsibilities to the Rural Electrification Administration.

PART 8 - DEPARTMENT OF HEALTH AND HUMAN SERVICES

Sec. 801. Lead Responsibilities. In addition to the applicable

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

and Human Services shall:

(1) Develop national plans and programs to mobilize the health

industry and health resources for the provision of health, mental

health, and medical services in national security emergencies;

(2) Promote the development of State and local plans and programs

for provision of health, mental health, and medical services in

national security emergencies;

(3) Develop national plans to set priorities and allocate health,

mental health, and medical services' resources among civilian and

military claimants;

(4) Develop health and medical survival information programs and

a nationwide program to train health and mental health

professionals and paraprofessionals in special knowledge and skills

that would be useful in national security emergencies;

(5) Develop programs to reduce or eliminate adverse health and

mental health effects produced by hazardous agents (biological,

chemical, or radiological), and, in coordination with appropriate

Federal agencies, develop programs to minimize property and

environmental damage associated with national security emergencies;

(6) Develop guidelines that will assure reasonable and prudent

standards of purity and/or safety in the manufacture and

distribution of food, drugs, biological products, medical devices,

food additives, and radiological products in national security

emergencies;

(7) Develop national plans for assisting State and local

governments in rehabilitation of persons injured or disabled during

national security emergencies;

(8) Develop plans and procedures to assist State and local

governments in the provision of emergency human services, including

lodging, feeding, clothing, registration and inquiry, social

services, family reunification and mortuary services and interment;

(9) Develop, in coordination with the Secretary of Education,

human services educational and training materials for use by human

service organizations and professional schools; and develop and

distribute, in coordination with the Secretary of Homeland

Security, civil defense information relative to emergency human

services;

(10) Develop plans and procedures, in coordination with the heads

of Federal departments and agencies, for assistance to United

States citizens or others evacuated from overseas areas.

Sec. 802. Support Responsibility. The Secretary of Health and

Human Services shall support the Secretary of Agriculture in the

development of plans related to national security emergency

agricultural health services.