0:'stafford act, as amended, and related authorities homeland security act, as amended emergency managementrelated provisions fema p592, may 2019 fema',
1:'logo robert t. stafford disaster relief and emergency assistance act, public law 93288, as amended, 42 u.s.c. 5121 et seq.,',
2:'and related authorities united states code, title 42. the public health and welfare, chapter 68. disaster relief note: nonstafford act',
3:'sections appear in u.s. code sequence for convenience. title i – findings, declarations and definitions sec. 101. congressional findings and',
4:'declarations 42 u.s.c. 5121 1 sec. 102. definitions 42 u.s.c. 5122 1 sec. 103. references 42 u.s.c. 5123 3 title',
5:'ii – disaster preparedness and mitigation assistance sec. 201. federal and state disaster preparedness programs 42 u.s.c. 5131 4 sec.',
6:'202. disaster warnings 42 u.s.c. 5132 5 sec. 203. predisaster hazard mitigation 42 u.s.c. 5133 5 sec. 204. interagency task',
7:'force 42 u.s.c. 5134 10 title iii – major disaster and emergency assistance administration sec. 301. waiver of administrative conditions',
8:'42 u.s.c. 5141 11 sec. 302. coordinating officers 42 u.s.c. 5143 11 sec. 303. emergency support and response teams 42',
9:'u.s.c. 5144 11 sec. 304. reimbursement of federal agencies 42 u.s.c. 5147 12 sec. 305. nonliability of federal government 42',
10:'u.s.c. 5148 12 sec. 306. performance of services 42 u.s.c. 5149 13 sec. 307. use of local firms and individuals',
11:'42 u.s.c. 5150 13 sec. 308. nondiscrimination in disaster assistance 42 u.s.c. 5151 14 sec. 309. use and coordination of',
12:'relief organizations 42 u.s.c. 5152 14 sec. 310. priority to certain applications for public facility and public housing assistance 42',
13:'u.s.c. 5153 15 sec. 311. insurance 42 u.s.c. 5154 15 prohibited flood disaster assistance 42 u.s.c. 5154a 16 sec. 312.',
14:'duplication of benefits 42 u.s.c. 5155 17 sec. 313. standards and reviews 42 u.s.c. 5156 19 sec. 314. penalties 42',
15:'u.s.c. 5157 19 sec. 315. availability of materials 42 u.s.c. 5158 19 sec. 316. protection of environment 42 u.s.c. 5159',
16:'19 sec. 317. recovery of assistance 42 u.s.c. 5160 20 sec. 318. audits and investigations 42 u.s.c. 5161 20 sec.',
17:'319. advance of nonfederal share 42 u.s.c. 5162 20 sec. 320. limitation on use of sliding scales 42 u.s.c. 5163',
18:'21 sec. 321. rules and regulations 42 u.s.c. 5164 21 sec. 322. mitigation planning 42 u.s.c. 5165 21 i sec.',
19:'323. minimum standards for public and private structures 42 u.s.c. 5165a 22 sec. 324. management costs 42 u.s.c. 5165b 22',
20:'sec. 325. public notice, comment, and consultation requirements 42 u.s.c. 5165c 23 sec. 326. designation of small state and rural',
21:'advocate 42 u.s.c. 5165d 24 sec. 327. national urban search and rescue response system 42 u.s.c. 5165f 24 title iv',
22:'– major disaster assistance programs sec. 401. procedure for declaration 42 u.s.c. 5170 29 sec. 402. general federal assistance 42',
23:'u.s.c. 5170a 30 sec. 403. essential assistance 42 u.s.c. 5170b 30 sec. 404. hazard mitigation 42 u.s.c. 5170c 33 sec.',
24:'405. federal facilities 42 u.s.c. 5171 36 sec. 406. repair, restoration, and replacement of damaged facilities 42 u.s.c. 5172 37',
25:'sec. 407. debris removal 42 u.s.c. 5173 44 sec. 408. federal assistance to individuals and households 42 u.s.c. 5174 44',
26:'sec. 410. unemployment assistance 42 u.s.c. 5177 53 emergency grants to assist lowincome migrant and seasonal farmworkers 42 u.s.c. 5177a',
27:'53 sec. 412. benefits and distribution 42 u.s.c. 5179 54 sec. 413. food commodities 42 u.s.c. 5180 54 sec. 414.',
28:'relocation assistance 42 u.s.c. 5181 54 sec. 415. legal services 42 u.s.c. 5182 55 sec. 416. crisis counseling assistance and',
29:'training 42 u.s.c. 5183 55 sec. 417. community disaster loans 42 u.s.c. 5184 55 sec. 418. emergency communications 42 u.s.c.',
30:'5185 56 sec. 419. emergency public transportation 42 u.s.c. 5186 56 sec. 420. fire management assistance 42 u.s.c. 5187 56',
31:'sec. 421. timber sale contracts 42 u.s.c. 5188 56 sec. 422. simplified procedure 42 u.s.c. 5189 57 sec. 423. appeals',
32:'of assistance decisions 42 u.s.c. 5189a 58 sec. 424. date of eligibility; expenses incurred before date of disaster 42 u.s.c.',
33:'5189b 59 sec. 425. transportation assistance to individuals and households 42 u.s.c. 5189c 59 sec. 426. case management services 42',
34:'u.s.c. 5189d 59 sec. 427. essential service providers 42 u.s.c. 5189e 59 sec. 428. public assistance program alternative procedures 42',
35:'u.s.c. 5189f 60 sec. 429. unified federal review 42 u.s.c. 5189g 63 sec. 430. agency accountability 42 u.s.c. 5189h 63',
36:'title v – emergency assistance programs sec. 501. procedure for declaration 42 u.s.c. 5191 68 sec. 502. federal emergency assistance',
37:'42 u.s.c. 5192 68 sec. 503. amount of assistance 42 u.s.c. 5193 70 title vi – emergency preparedness sec. 601.',
38:'declaration of policy 42 u.s.c. 5195 71 sec. 602. definitions 42 u.s.c. 5195a 71 sec. 603. administration of title 42',
39:'u.s.c. 5195b 72 critical infrastructures protection 42 u.s.c. 5195c 72 subtitle a—powers and duties sec. 611. detailed functions or administration',
40:'42 u.s.c. 5196 74 sec. 612. mutual aid pacts between states and neighboring counties 42 u.s.c. 5196a 78 sec. 613.',
41:'contributions for personnel and administrative expenses 42 u.s.c. 5196b 79 sec. 614. grants for construction of emergency operations centers 42',
42:'u.s.c. 5196c 80 sec. 615. use of funds to prepare for and respond to hazards 42 u.s.c. 5196d 81 radiological',
43:'emergency preparedness fund 42 u.s.c. 5196e 81 sec. 616. disaster related information services 42 u.s.c. 5196f 81 subtitle b—general provisions',
44:'sec. 621. administrative authority 42 u.s.c. 5197 82 sec. 622. security regulations 42 u.s.c. 5197a 83 sec. 623. use of',
45:'existing facilities 42 u.s.c. 5197b 84 sec. 624. annual report to congress 42 u.s.c. 5197c 85 sec. 625. applicability of',
46:'subchapter 42 u.s.c. 5197d 85 sec. 626. authorization of appropriations and transfers of funds 42 u.s.c. 5197e 85 sec. 627.',
47:'relation to atomic energy act of 1954 42 u.s.c. 5197f 85 sec. 628. federal bureau of investigation 42 u.s.c. 5197g',
48:'85 title vii – miscellaneous sec. 701. rules and regulations 42 u.s.c. 5201 86 insular areas disaster survival and recovery;',
49:'definitions 42 u.s.c. 5204 86 technical assistance for insular areas 42 u.s.c. 5204b 86 sec. 705. disaster grant closeout procedures',
50:'42 u.s.c. 5205 87 buy american 42 u.s.c. 5206 88 sec. 706 firearms policies 42 u.s.c. 5207 89 miscellaneous statutory',
51:'provisions that relate to the stafford act title 6 united states code sec. 101. definitions 90 sec. 111. executive department;',
52:'mission 91 sec. 112. secretary; functions 91 sec. 113. other officers 93 sec. 238. office for domestic preparedness 94 sec.',
53:'311. definitions 95 sec. 312. definition 96 sec. 313. federal emergency management agency 96 sec. 314. authority and responsibilities 98',
54:'sec. 314a. fema programs 100 sec. 315. functions transferred 100 sec. 316. preserving the federal emergency management agency 100 sec.',
55:'317. regional offices 101 sec. 318. national advisory council 103 sec. 319. national integration center 105 sec. 320. credentialing and',
56:'typing 106 sec. 321. national infrastructure simulation and analysis center 107 sec. 321a. evacuation plans and exercises 108 sec. 321b.',
57:'disability coordinator 109 sec. 321c. department and agency officials 110 sec. 321d. national operations center 110 sec. 321e. chief medical',
58:'officer 110 sec. 321f. nuclear incident response 111 sec. 321g. conduct of certain public healthrelated activities 111 sec. 321h. use',
59:'of national private sector networks in emergency response 112 sec. 321i. use of commercially available technology, goods, and services 112',
60:'sec. 321j. procurement of security countermeasures for strategic national stockpile 112 sec. 321k. model standards and guidelines for critical infrastructure',
61:'workers 113 sec. 321l. guidance and recommendations 113 sec. 321m. voluntary private sector preparedness accreditation and certification program 114 sec.',
62:'321n. acceptance of gifts 119 sec. 347. quadrennial homeland security review 120 sec. 462. office of national capital region coordination',
63:'122 sec. 466. sense of congress reaffirming the continued importance and applicability of the posse comitatus act 123 sec. 470.',
64:'disclosures regarding homeland security grants 123 sec. 526. integrated public alert and warning system modernization 124 sec. 571. office of',
65:'emergency communications 126 sec. 579. interoperable emergency communications grant program 127 sec. 601. definitions 130 sec. 603. homeland security grant',
66:'programs 132 sec. 604. urban area security initiative 133 sec. 605. state homeland security grant program 136 sec. 606. grants',
67:'to directly eligible tribes 138 sec. 607. terrorism prevention 139 sec. 608. prioritization 141 sec. 609. use of funds 142',
68:'sec. 611. administration and coordination 145 sec. 612. accountability 147 sec. 613. identification of reporting redundancies and development of performance',
69:'metrics 150 sec. 701. definitions 151 sec. 711. surge capacity force 152 sec. 721. evacuation preparedness technical assistance 153 sec.',
70:'722. urban search and rescue response system 153 sec. 723. metropolitan medical response grant program 153 sec. 724. logistics 154',
71:'sec. 725. prepositioned equipment program 154 sec. 726. basic life supporting first aid and education 154 sec. 727. improvements to',
72:'information technology systems 154 sec. 728. disclosure of certain information to law enforcement agencies 155 sec. 741. definitions 155 sec.',
73:'742. national preparedness 156 sec. 743. national preparedness goal 156 sec. 744. establishment of national preparedness system 156 sec. 745.',
74:'national planning scenarios 156 sec. 746. target capabilities and preparedness priorities 157 sec. 747. equipment and training standards 157 sec.',
75:'748. training and exercises 158 sec. 749. comprehensive assessment system 159 sec. 750. remedial action management program 160 sec. 751.',
76:'federal response capability inventory 160 sec. 752. reporting requirements 161 sec. 753. federal preparedness 162 sec. 754. use of existing',
77:'resources 164 sec. 761. emergency management assistance compact grants 164 sec. 762. emergency management performance grants program 165 sec. 763.',
78:'transfer of noble training center 166 sec. 764. national exercise simulation center 166 sec. 771. national disaster recovery strategy 166',
79:'sec. 772. national disaster housing strategy 167 sec. 773. individuals with disabilities guidelines 168 sec. 774. reunification 168 sec. 775.',
80:'national emergency family registry and locator system 170 sec. 776. individuals and households pilot program 170 sec. 777. public assistance',
81:'pilot program 170 sec. 791. advance contracting 170 sec. 792. limitations on tiering of subcontractors 171 sec. 793. oversight and',
82:'accountability of federal disaster expenditures 171 sec. 794. limitation on length of certain noncompetitive contracts 173 sec. 795. fraud, waste,',
83:'and abuse controls 173 sec. 796. registry of disaster response contractors 173 sec. 797. fraud prevention training program 174 sec.',
84:'811. authorization of appropriations 174 sec. 1102. national domestic preparedness consortium 175 42 u.s.c. § 5195 note executive order 12148,',
85:'federal emergency management 175 table of additional fema authorities 180 page intentionally blank page intentionally blank stafford act title i',
86:'§§ 101102 title i – findings, declarations and definitions sec. 101. congressional findings and declarations 42 u.s.c. 5121 a the',
87:'congress hereby finds and declares that 1 because disasters often cause loss of life, human suffering, loss of income, and',
88:'property loss and damage; and 2 because disasters often disrupt the normal functioning of governments and communities, and adversely affect',
89:'individuals and families with great severity; special measures, designed to assist the efforts of the affected states in expediting the',
90:'rendering of aid, assistance, and emergency services, and the reconstruction and rehabilitation of devastated areas, are necessary. b it is',
91:'the intent of the congress, by this act, to provide an orderly and continuing means of assistance by the federal',
92:'government to state and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from',
93:'such disasters by 1 revising and broadening the scope of existing disaster relief programs; 2 encouraging the development of comprehensive',
94:'disaster preparedness and assistance plans, programs, capabilities, and organizations by the states and by local governments; 3 achieving greater coordination',
95:'and responsiveness of disaster preparedness and relief programs; 4 encouraging individuals, states, and local governments to protect themselves by obtaining',
96:'insurance coverage to supplement or replace governmental assistance; 5 encouraging hazard mitigation measures to reduce losses from disasters, including development',
97:'of land use and construction regulations; and 6 providing federal assistance programs for both public and private losses sustained in',
98:'disasters[.] sec. 102. definitions 42 u.s.c. 5122 as used in this act 1 emergency “emergency” means any occasion or instance',
99:'for which, in the determination of the president, federal assistance is needed to supplement state and local efforts and capabilities',
100:'to save lives and to protect property and public health and safety, or to lessen or avert the threat of',
101:'a catastrophe in any part of the united states. 2 major disaster “major disaster” means any natural catastrophe including any',
102:'hurricane, tornado, storm, high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought, or, regardless',
103:'of cause, any fire, flood, or explosion, in any part of the united states, which in the determination of the',
104:'president causes damage of sufficient severity and magnitude to warrant major disaster assistance under this act to supplement the efforts',
105:'and available resources of states, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused',
106:'thereby. 3 “united states” means the fifty states, the district of columbia, puerto rico, the virgin islands, guam, american samoa,',
107:'and the commonwealth of the northern mariana islands. 4 “state” means any state of the united states, the district of',
108:'columbia, puerto rico, the virgin islands, guam, american samoa, and the commonwealth of the northern mariana islands. 5 “governor” means',
109:'the chief executive of any state. 6 indian tribal government the term “indian tribal government” means the governing body of',
110:'any indian or alaska native tribe, band, nation, pueblo, village, or community that the secretary of the interior acknowledges to',
111:'exist as an indian tribe under the federally recognized indian tribe list act of 1994 25 u.s.c. 479a et seq..',
112:'7 individual with a disability the term “individual with a disability” means an individual with a disability as defined in',
113:'[section 32 of the americans with disabilities act of 1990 42 u.s.c. 121022]. 8 local government the term “local government”',
114:'means – a a county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of',
115:'governments regardless of whether the council of governments is incorporated as a nonprofit corporation under state law, regional or interstate',
116:'government entity, or agency or instrumentality of a local government; b an indian tribe or authorized tribal organization, or alaska',
117:'native village or organization, that is not an indian tribal government as defined in paragraph 6; and c a rural',
118:'community, unincorporated town or village, or other public entity, for which an application for assistance is made by a state',
119:'or political subdivision of a state. 9 “federal agency” means any department, independent establishment, government corporation, or other agency of',
120:'the executive branch of the federal government, including the united states postal service, but shall not include the american national',
121:'red cross. 10 public facility “public facility” means the following facilities owned by a state or local government: a any',
122:'flood control, navigation, irrigation, reclamation, public power, sewage treatment and collection, water supply and distribution, watershed development, or airport facility.',
123:'stafford act title i § 102 b any nonfederalaid street, road, or highway. c any other public building, structure, or',
124:'system, including those used for educational, recreational, or cultural purposes. d any park. 11 private nonprofit facility a in general',
125:'the term “private nonprofit facility” means private nonprofit educational without regard to the religious character of the facility, center based',
126:'childcare, utility, irrigation, emergency, medical, rehabilitational, and temporary or permanent custodial care facilities including those for the aged and disabled',
127:'and facilities on indian reservations, as defined by the president. b additional facilities – in addition to the facilities described',
128:'in subparagraph a, the term “private nonprofit facility” includes any private nonprofit facility that provides essential social services to the',
129:'general public including museums, zoos, performing arts facilities, community arts centers, community centers, libraries, homeless shelters, senior citizen centers, rehabilitation',
130:'facilities, shelter workshops, food banks, broadcasting facilities, houses of worship, and facilities that provide health and safety services of a',
131:'governmental nature, as defined by the president. no house of worship may be excluded from this definition because leadership or',
132:'membership in the organization operating the house of worship is limited to persons who share a religious faith or practice.',
133:'12 chief executive the term “chief executive” means the person who is the chief, chairman, governor, president, or similar executive',
134:'official of an indian tribal government. sec. 103. references 42 u.s.c. 5123 except as otherwise specifically provided, any reference in',
135:'this chapter to “state and local”, “state or local”, “state, and local”, “state, or local”, or “state, local” including plurals',
136:'with respect to governments or officials and any reference to a “local government” in sections 5172d3 and 5184 of this',
137:'title [section 406d3 and section 417] is deemed to refer also to indian tribal governments and officials, as appropriate. stafford',
138:'act title i §§ 102103 the addition of “centerbased childcare” to the definition has an effective date of oct. 5,',
139:'2018. stafford act title ii § 201 title ii disaster preparedness and mitigation assistance sec. 201. federal and state disaster',
140:'preparedness programs 42 u.s.c. 5131 a utilization of services of other agencies the president is authorized to establish a program',
141:'of disaster preparedness that utilizes services of all appropriate agencies and includes 1 preparation of disaster preparedness plans for mitigation,',
142:'warning, emergency operations, rehabilitation, and recovery; 2 training and exercises; 3 postdisaster critiques and evaluations; 4 annual review of programs;',
143:'5 coordination of federal, state, and local preparedness programs; 6 application of science and technology; 7 research. b technical assistance',
144:'for the development of plans and programs the president shall provide technical assistance to the states in developing comprehensive plans',
145:'and practicable programs for preparation against disasters, including hazard reduction, avoidance, and mitigation; for assistance to individuals, businesses, and state',
146:'and local governments following such disasters; and for recovery of damages or destroyed public and private facilities. c grants to',
147:'states for development of plans and programs upon application by a state, the president is authorized to make grants, not',
148:'to exceed in the aggregate to such state $250,000, for the development of plans, programs, and capabilities for disaster preparedness',
149:'and prevention. such grants shall be applied for within one year from may 22, 1974. any state desiring financial assistance',
150:'under this section shall designate or create an agency to plan and administer such a disaster preparedness program, and shall,',
151:'through such agency, submit a state plan to the president, which shall— 1 set forth a comprehensive and detailed state',
152:'program for preparation against and assistance following, emergencies and major disasters, including provisions for assistance to individuals, businesses, and local',
153:'governments; and 2 include provisions for appointment and training of appropriate staffs, formulation of necessary regulations and procedures and conduct',
154:'of required exercises. d grants for improvement, maintenance, and updating of state plans the president is authorized to make grants',
155:'not to exceed 50 per centum of the cost of improving, maintaining and updating state disaster assistance plans, including evaluations',
156:'of natural hazards and development of the programs and actions required to mitigate such hazards; except that no such grant',
157:'shall exceed $50,000 per annum to any state. sec. 202. disaster warnings 42 u.s.c. 5132 a readiness of federal agencies',
158:'to issue warnings to state and local officials the president shall insure that all appropriate federal agencies are prepared to',
159:'issue warnings of disasters to state and local officials. b technical assistance to state and local governments for effective warnings',
160:'the president shall direct appropriate federal agencies to provide technical assistance to state and local governments to insure that timely',
161:'and effective disaster warning is provided. c warnings to governmental authorities and public endangered by disaster the president is authorized',
162:'to utilize or to make available to federal, state, and local agencies the facilities of the civil defense communications system',
163:'established and maintained pursuant to section 5196c of this title [section 611c] or any other federal communications system for the',
164:'purpose of providing warning to governmental authorities and the civilian population in areas endangered by disasters. d agreements with commercial',
165:'communications systems for use of facilities the president is authorized to enter into agreements with the officers or agents of',
166:'any private or commercial communications systems who volunteer the use of their systems on a reimbursable or nonreimbursable basis for',
167:'the purpose of providing warning to governmental authorities and the civilian population endangered by disasters. sec. 203. predisaster hazard mitigation',
168:'42 u.s.c. 5133 a definition of small impoverished community in this section, the term “small impoverished community” means a community',
169:'of 3,000 or fewer individuals that is economically disadvantaged, as determined by the state in which the community is located',
170:'and based on criteria established by the president. b establishment of program the president may establish a program to provide',
171:'technical and financial assistance to states and local governments to assist in the implementation of predisaster hazard mitigation measures that',
172:'are costeffective and are designed to reduce injuries, loss of life, and damage and destruction of property, including damage to',
173:'critical services and facilities under the jurisdiction of the states or local governments. c approval by president if the president',
174:'determines that a state or local government has identified natural disaster hazards in areas under its jurisdiction and has demonstrated',
175:'the ability to form effective publicprivate natural disaster hazard mitigation partnerships, the president, using amounts in the national public infrastructure',
176:'predisaster mitigation fund established under subsection i of this section referred to in this section as the “fund”, may provide',
177:'technical and financial assistance to the state or local government to be used in accordance with subsection e of this',
178:'section. d state recommendations 1 in general a recommendations the governor of each state may recommend to the president not',
179:'fewer than five local governments to receive assistance under this section. stafford act title ii §§ 202203 b deadline for',
180:'submission the recommendations under subparagraph a shall be submitted to the president not later than october 1, 2001, and each',
181:'october 1st thereafter or such later date in the year as the president may establish. c criteria in making recommendations',
182:'under subparagraph a, a governor shall consider the criteria specified in subsection g of this section. 2 use a in',
183:'general except as provided in subparagraph b, in providing assistance to local governments under this section, the president shall select',
184:'from local governments recommended by the governors under this subsection. b extraordinary circumstances in providing assistance to local governments under',
185:'this section, the president may select a local government that has not been recommended by a governor under this subsection',
186:'if the president determines that extraordinary circumstances justify the selection and that making the selection will further the purpose of',
187:'this section. 3 effect of failure to nominate if a governor of a state fails to submit recommendations under this',
188:'subsection in a timely manner, the president may select, subject to the criteria specified in subsection g of this section,',
189:'any local governments of the state to receive assistance under this section. e uses of technical and financial assistance 1',
190:'in general technical and financial assistance provided under this section— a shall be used by states and local governments principally',
191:'to implement predisaster hazard mitigation measures that are costeffective and are described in proposals approved by the president under this',
192:'section; and b may be used i to support effective publicprivate natural disaster hazard mitigation partnerships; ii to improve the',
193:'assessment of a community’s vulnerability to natural hazards; iii to establish hazard mitigation priorities, and an appropriate hazard mitigation plan,',
194:'for a community; or iv to establish and carry out enforcement activities and implement the latest published editions of relevant',
195:'consensusbased codes, specifications, and standards that incorporate the latest hazard resistant designs and establish minimum acceptable criteria for the design,',
196:'construction, and maintenance of residential structures and facilities that may be eligible for assistance under this act for the purpose',
197:'of protecting the health, safety, and general welfare of the buildings’ users against disasters. 2 dissemination a state or local',
198:'government may use not more than 10 percent stafford act title ii § 203 of the financial assistance received by',
199:'the state or local government under this section for a fiscal year to fund activities to disseminate information regarding costeffective',
200:'mitigation technologies. f allocation of funds 1 in general the president shall award financial assistance under this section on a',
201:'competitive basis for mitigation activities that are cost effective and in accordance with the criteria in subsection g. 2 minimum',
202:'and maximum amounts in providing financial assistance under this section, the president shall ensure that the amount of financial assistance',
203:'made available to a state including amounts made available to local governments of the state for a fiscal year a',
204:'is not less than the lesser or i $575,000; or ii the amount that is equal to 1 percent of',
205:'the total funds appropriated to carry out this section for the fiscal year; and b does not exceed the amount',
206:'that is equal to 15 percent of the total funds appropriated to carry out this section for the fiscal year.',
207:'3 redistribution of unobligated amounts the president may— a withdraw amounts of financial assistance made available to a state including',
208:'amounts made available to local governments of a state under this subsection that remain unobligated by the end of the',
209:'third fiscal year after the fiscal year for which the amounts were allocated; and b in the fiscal year following',
210:'a fiscal year in which amounts were withdrawn under subparagraph a, add the amounts to any other amounts available to',
211:'be awarded on a competitive basis pursuant to paragraph 1. g criteria for assistance awards in determining whether to provide',
212:'technical and financial assistance to a state or local government under this section, the president shall provide financial assistance only',
213:'in states that have received a major disaster declaration in the previous 7 years, or to any indian tribal government',
214:'located partially or entirely within the boundaries of such states, and take into account 1 the extent and nature of',
215:'the hazards to be mitigated; 2 the degree of commitment by the state or local government to reduce damages from',
216:'future natural disasters; 3 the degree of commitment by the state or local government to support ongoing nonfederal support for',
217:'the hazard mitigation measures to be carried out using the technical and financial assistance; 4 the extent to which the',
218:'hazard mitigation measures to be carried out using the technical and financial assistance contribute to the mitigation goals and priorities',
219:'established by the state; 5 the extent to which the technical and financial assistance is consistent with other stafford act',
220:'title ii § 203 assistance provided under this act; 6 the extent to which prioritized, costeffective mitigation activities that produce',
221:'meaningful and definable outcomes are clearly identified; 7 if the state or local government has submitted a mitigation plan under',
222:'section 5165 of this title [section 322], the extent to which the activities identified under paragraph 6 are consistent with',
223:'the mitigation plan; 8 the opportunity to fund activities that maximize net benefits to society; 9 the extent to which',
224:'assistance will fund mitigation activities in small impoverished communities; 10 the extent to which the state, local, indian tribal, or',
225:'territorial government has facilitated the adoption and enforcement of the latest published editions of relevant consensusbased codes, specifications, and standards,',
226:'including amendments made by state, local, indian tribal, or territorial governments during the adoption process that incorporate the latest hazardresistant',
227:'designs and establish criteria for the design, construction, and maintenance of residential structures and facilities that may be eligible for',
228:'assistance under this act for the purpose of protecting the health, safety, and general welfare of the buildings’ users against',
229:'disasters; 11 the extent to which the assistance will fund activities that increase the level of resiliency; and 12 such',
230:'other criteria as the president establishes in consultation with state and local governments. h federal share 1 in general financial',
231:'assistance provided under this section may contribute up to 75 percent of the total cost of mitigation activities approved by',
232:'the president. 2 small impoverished communities notwithstanding paragraph 1, the president may contribute up to 90 percent of the total',
233:'cost of a mitigation activity carried out in a small impoverished community. i national public infrastructure predisaster mitigation assistance 1',
234:'in general the president may set aside from the disaster relief fund, with respect to each major disaster, an amount',
235:'equal to 6 percent of the estimated aggregate amount of the grants to be made pursuant to sections 403, 406,',
236:'407, 408, 410, 416, and 428 for the major disaster in order to provide technical and financial assistance under this',
237:'section and such set aside shall be deemed to be related to activities carried out pursuant to major disasters under',
238:'this act. 2 estimated aggregate amount—not later than 180 days after each major disaster declaration pursuant to this act, the',
239:'estimated aggregate amount of grants for purposes of paragraph 1 shall be determined by the president and such estimated amount',
240:'need not be reduced, increased, or changed due to variations in estimates. 3 no reduction in amounts—the amount set aside',
241:'pursuant to paragraph 1 shall not reduce the amounts otherwise made available for sections 403, 404, 406, 407, stafford act',
242:'title ii § 203 408, 410, 416, and 428 under this act. j multihazard advisory maps 1 definition of multihazard',
243:'advisory map in this subsection, the term “multihazard advisory map” means a map on which hazard data concerning each type',
244:'of natural disaster is identified simultaneously for the purpose of showing areas of hazard overlap. 2 development of maps in',
245:'consultation with states, local governments, and appropriate federal agencies, the president shall develop multihazard advisory maps for areas, in not',
246:'fewer than five states, that are subject to commonly recurring natural hazards including flooding, hurricanes and severe winds, and seismic',
247:'events. 3 use of technology in developing multihazard advisory maps under this subsection, the president shall use, to the maximum',
248:'extent practicable, the most costeffective and efficient technology available. 4 use of maps a advisory nature the multihazard advisory maps',
249:'shall be considered to be advisory and shall not require the development of any new policy by, or impose any',
250:'new policy on, any government or private entity. b availability of maps the multihazard advisory maps shall be made available',
251:'to the appropriate state and local governments for the purposes of i informing the general public about the risks of',
252:'natural hazards in the areas described in paragraph 2; ii supporting the activities described in subsection e of this section;',
253:'and iii other public uses. k [expired] l prohibition on earmarks 1 definition in this subsection, the term “congressionally directed',
254:'spending” means a statutory provision or report language included primarily at the request of a senator or a member, delegate',
255:'or resident commissioner of the house of representatives providing, authorizing, or recommending a specific amount of discretionary budget authority, credit',
256:'authority, or other spending authority for a contract, loan, loan guarantee, grant, loan authority, or other expenditure with or to',
257:'an entity, or targeted to a specific state, locality, or congressional district, other than through a statutory or administrative formuladriven',
258:'or competitive award process. 2 prohibition none of the funds appropriated or otherwise made available to carry out this section',
259:'may be used for congressionally directed spending. 3 certification to congress the administrator of [fema] shall submit to congress a',
260:'certification regarding whether all financial assistance under this section was awarded in accordance with this section. stafford act title ii',
261:'§ 203 m latest published editions.—for purposes of subsections e1biv and g10, the term “latest published editions” means, with respect',
262:'to relevant consensusbased codes, specifications, and standards, the 2 most recently published editions. sec. 204. interagency task force 42 u.s.c.',
263:'5134 a in general the president shall establish a federal interagency task force for the purpose of coordinating the implementation',
264:'of predisaster hazard mitigation programs administered by the federal government. b chairperson the administrator of [fema] shall serve as the',
265:'chairperson of the task force. c membership the membership of the task force shall include representatives of 1 relevant federal',
266:'agencies; 2 state and local government organizations including indian tribes; and 3 the american red cross. stafford act title ii',
267:'§§ 203204 the authority in subsection m expires on oct. 5, 2023. stafford act title iii §§ 301303 title iii',
268:'major disaster and emergency assistance administration sec. 301. waiver of administrative conditions 42 u.s.c. 5141 any federal agency charged with',
269:'the administration of a federal assistance program may, if so requested by the applicant state or local authorities, modify or',
270:'waive, for a major disaster, such administrative conditions for assistance as would otherwise prevent the giving of assistance under such',
271:'programs if the inability to meet such conditions is a result of the major disaster. sec. 302. coordinating officers 42',
272:'u.s.c. 5143 a appointment of federal coordinating officer immediately upon his declaration of a major disaster or emergency, the president',
273:'shall appoint a federal coordinating officer to operate in the affected area. b functions of federal coordinating officer in order',
274:'to effectuate the purposes of this act, the federal coordinating officer, within the affected area, shall— 1 make an initial',
275:'appraisal of the types of relief most urgently needed; 2 establish such field offices as he deems necessary and as',
276:'are authorized by the president; 3 coordinate the administration of relief, including activities of the state and local governments, the',
277:'american national red cross, the salvation army, the mennonite disaster service, and other relief or disaster assistance organizations, which agree',
278:'to operate under his advice or direction, except that nothing contained in this act shall limit or in any way',
279:'affect the responsibilities of the american national red cross under chapter 3001 of title 36; and 4 take such other',
280:'action, consistent with authority delegated to him by the president, and consistent with the provisions of this act, as he',
281:'may deem necessary to assist local citizens and public officials in promptly obtaining assistance to which they are entitled. c',
282:'state coordinating officer when the president determines assistance under this act is necessary, he shall request that the governor of',
283:'the affected state designate a state coordinating officer for the purpose of coordinating state and local disaster assistance efforts with',
284:'those of the federal government. d single federal coordinating officer for multistate area where the area affected by a major',
285:'disaster or emergency includes parts of more than 1 state, the president, at the discretion of the president, may appoint',
286:'a single federal coordinating officer for the entire affected area, and may appoint such deputy federal coordinating officers to assist',
287:'the federal coordinating officer as the president determines appropriate. sec. 303. emergency support and response teams 42 u.s.c. 5144 a',
288:'emergency support teams – the president shall form emergency support teams of federal personnel to be deployed in an area',
289:'affected by a major disaster or emergency. such emergency support teams shall assist the federal coordinating officer in carrying out',
290:'his responsibilities pursuant to this act. upon request of the president, the head of any federal agency is directed to',
291:'detail to temporary duty with the emergency support teams on either a reimbursable or nonreimbursable basis, as is determined necessary',
292:'by the president, such personnel within the administrative jurisdiction of the head of the federal agency as the president may',
293:'need or believe to be useful for carrying out the functions of the emergency support teams, each such detail to',
294:'be without loss of seniority, pay, or other employee status. b emergency response teams 1 establishment in carrying out subsection',
295:'a, the president, acting through the administrator of [fema], shall establish a at a minimum 3 national response teams; and',
296:'b sufficient regional response teams, including regional office strike teams under [6 u.s.c. § 317]; and c other response teams',
297:'as may be necessary to meet the incident management responsibilities of the federal government. 2 target capability level the administrator',
298:'shall ensure that specific target capability levels, as defined pursuant to the guidelines established under [6 u.s.c. § 746a], are',
299:'established for federal emergency response teams. 3 personnel the president, acting through the administrator, shall ensure that the federal emergency',
300:'response teams consist of adequate numbers of properly planned, organized, equipped, trained, and exercised personnel to achieve the established target',
301:'capability levels. each emergency response team shall work in coordination with state and local officials and onsite personnel associated with',
302:'a particular incident. 4 readiness reporting the administrator shall evaluate team readiness on a regular basis and report team readiness',
303:'levels in the report required under [6 u.s.c. § 752a]. sec. 304. reimbursement of federal agencies 42 u.s.c. 5147 federal',
304:'agencies may be reimbursed for expenditures under this act from funds appropriated for the purposes of this act. any funds',
305:'received by federal agencies as reimbursement for services or supplies furnished under the authority of this act shall be deposited',
306:'to the credit of the appropriation or appropriations currently available for such services or supplies. sec. 305. nonliability of federal',
307:'government 42 u.s.c. 5148 the federal government shall not be liable for any claim based upon the exercise or performance',
308:'of or the failure to exercise or perform a discretionary function or duty on the part of a federal agency',
309:'or an employee of the federal government in carrying out the provisions of this act. stafford act title iii §§',
310:'303305 sec. 306. performance of services 42 u.s.c. 5149 a utilization of services or facilities of state and local governments',
311:'in carrying out the purposes of this act, any federal agency is authorized to accept and utilize the services or',
312:'facilities of any state or local government, or of any agency, office, or employee thereof, with the consent of such',
313:'government. b appointment of temporary personnel, experts, and consultants; acquisition, rental, or hire of equipment, services, materials and supplies in',
314:'performing any services under this act, any federal agency is authorized 1 to appoint and fix the compensation of such',
315:'temporary personnel as may be necessary, without regard to the provisions of title 5 governing appointments in competitive service; 2',
316:'to employ experts and consultants in accordance with the provisions of section 3109 of such title, without regard to the',
317:'provisions of chapter 51 and subchapter iii of chapter 53 of such title relating to classification and general schedule pay',
318:'rates; and 3 to incur obligations on behalf of the united states by contract or otherwise for the acquisition, rental,',
319:'or hire of equipment, services, materials, and supplies for shipping, drayage, travel, and communications, and for the supervision and administration',
320:'of such activities. such obligations, including obligations arising out of the temporary employment of additional personnel, may be incurred by',
321:'an agency in such amount as may be made available to it by the president. c the administrator of [fema]',
322:'is authorized to appoint temporary personnel, after serving continuously for 3 years, to positions in [fema] in the same manner',
323:'that competitive service employees with competitive status are considered for transfer, reassignment, or promotion to such positions. an individual appointed',
324:'under this subsection shall become a careerconditional employee, unless the employee has already completed the service requirements for career tenure.',
325:'sec. 307. use of local firms and individuals 42 u.s.c. 5150 a contracts or agreements with private entities 1 in',
326:'general in the expenditure of federal funds for debris clearance, distribution of supplies, reconstruction, and other major disaster or emergency',
327:'assistance activities which may be carried out by contract or agreement with private organizations, firms, or individuals, preference shall be',
328:'given, to the extent feasible and practicable, to those organizations, firms, and individuals residing or doing business primarily in the',
329:'area affected by such major disaster or emergency. 2 construction this section shall not be considered to restrict the use',
330:'of department of defense resources under this act in the provision of assistance in a major disaster. 3 specific geographic',
331:'area in carrying out this section, a contract or agreement may be set aside for award based on a specific',
332:'geographic area. stafford act title iii §§ 305307 b implementation 1 contracts not to entities in area any expenditure of',
333:'federal funds for debris clearance, distribution of supplies, reconstruction, and other major disaster or emergency assistance activities which may be',
334:'carried out by contract or agreement with private organizations, firms, or individuals, not awarded to an organization, firm, or individual',
335:'residing or doing business primarily in the area affected by such major disaster shall be justified in writing in the',
336:'contract file. 2 transition following the declaration of an emergency or major disaster, an agency performing response, relief, and reconstruction',
337:'activities shall transition work performed under contracts in effect on the date on which the president declares the emergency or',
338:'major disaster to organizations, firms, and individuals residing or doing business primarily in any area affected by the major disaster',
339:'or emergency, unless the head of such agency determines that it is not feasible or practicable to do so. 3',
340:'formation of requirements – the head of a federal agency, as feasible and practicable, shall formulate appropriate requirements to facilitate',
341:'compliance with this section. c prior contracts nothing in this section shall be construed to require any federal agency to',
342:'breach or renegotiate any contract in effect before the occurrence of a major disaster or emergency. sec. 308. nondiscrimination in',
343:'disaster assistance 42 u.s.c. 5151 a regulations for equitable and impartial relief operations the president shall issue, and may alter',
344:'and amend, such regulations as may be necessary for the guidance of personnel carrying out federal assistance functions at the',
345:'site of a major disaster or emergency. such regulations shall include provisions for insuring that the distribution of supplies, the',
346:'processing of applications, and other relief and assistance activities shall be accomplished in an equitable and impartial manner, without discrimination',
347:'on the grounds of race, color, religion, nationality, sex, age, disability, english proficiency, or economic status. b compliance with regulations',
348:'as prerequisite to participation by other bodies in relief operations as a condition of participation in the distribution of assistance',
349:'or supplies under this act or of receiving assistance under this act, governmental bodies and other organizations shall be required',
350:'to comply with regulations relating to nondiscrimination promulgated by the president, and such other regulations applicable to activities within an',
351:'area affected by a major disaster or emergency as he deems necessary for the effective coordination of relief efforts. sec.',
352:'309. use and coordination of relief organizations 42 u.s.c. 5152 a in providing relief and assistance under this act, the',
353:'president may utilize, with their consent, the personnel and facilities of the american national red cross, the salvation army, the',
354:'mennonite disaster service, longterm recovery groups, domestic hunger relief, and other relief, or disaster assistance organizations, in the distribution of',
355:'medicine, food, supplies, or other items, and in the restoration, rehabilitation, or stafford act title iii §§ 307309 reconstruction of',
356:'community services housing and essential facilities, whenever the president finds that such utilization is necessary. b the president is authorized',
357:'to enter into agreements with the american national red cross, the salvation army, the mennonite disaster service, longterm recovery groups,',
358:'domestic hunger relief, and other relief, or disaster assistance organizations under which the disaster relief activities of such organizations may',
359:'be coordinated by the federal coordinating officer whenever such organizations are engaged in providing relief during and after a major',
360:'disaster or emergency. any such agreement shall include provisions assuring that use of federal facilities, supplies, and services will be',
361:'in compliance with regulations prohibiting duplication of benefits and guaranteeing nondiscrimination promulgated by the president under this act, and such',
362:'other regulation as the president may require. sec. 310. priority to certain applications for public facility and public housing assistance',
363:'42 u.s.c. 5153 a priority in the processing of applications for assistance, priority and immediate consideration shall be given by',
364:'the head of the appropriate federal agency, during such period as the president shall prescribe, to applications from public bodies',
365:'situated in areas affected by major disasters under the following acts: 1 the united states housing act of 1937 [42',
366:'u.s.c. § 1437 et seq.] for the provision of lowincome housing. 2 [4o u.s.c. §§] 3502 to 3505 for assistance',
367:'in public works planning. 3 the community development block grant program under title i of the housing and community development',
368:'act of 1974 [42 u.s.c. § 5301 et seq.]. 4 [7 u.s.c. §] 1926. 5 the public works and economic',
369:'development act of 1965 [42 u.s.c. § 3121 et seq.]. 6 subtitle iv of title 40. 7 the federal water',
370:'pollution control act [33 u.s.c. § 1251 et seq]. b obligation of certain discretionary funds in the obligation of discretionary',
371:'funds or funds which are not allocated among the states or political subdivisions of a state, the secretary of housing',
372:'and urban development and the secretary of commerce shall give priority to applications for projects for major disaster areas. sec.',
373:'311. insurance 42 u.s.c. 5154 a applicants for replacement of damaged facilities 1 compliance with certain regulations an applicant for',
374:'assistance under section 5172 of this title [section 406] relating to repair, restoration, and replacement of damaged facilities, section 5189',
375:'of this title [section 422] relating to simplified procedure or section 3149c2 of this title shall comply with regulations prescribed',
376:'by the president to assure that, with respect to any property to be replaced, restored, repaired, or constructed with such',
377:'assistance, such types stafford act title iii §§ 309311 and extent of insurance will be obtained and maintained as may',
378:'be reasonably available, adequate, and necessary, to protect against future loss to such property. 2 determination in making a determination',
379:'with respect to availability, adequacy, and necessity under paragraph 1, the president shall not require greater types and extent of',
380:'insurance than are certified to him as reasonable by the appropriate state insurance commissioner responsible for regulation of such insurance.',
381:'b maintenance of insurance no applicant for assistance under section 5172 of this title [section 406] relating to repair, restoration,',
382:'and replacement of damaged facilities, section 5189 of this title [section 422] relating to simplified procedure, or section 3149c2 of',
383:'this title may receive such assistance for any property or part thereof for which the applicant has previously received assistance',
384:'under this act unless all insurance required pursuant to this section has been obtained and maintained with respect to such',
385:'property. the requirements of this subsection may not be waived under section 5141 of this title [section 301]. c state',
386:'acting as selfinsurer a state may elect to act as a selfinsurer with respect to any or all of the',
387:'facilities owned by the state. such an election, if declared in writing at the time of acceptance of assistance under',
388:'section 5172 or 5189 of this title [section 406 or 422] or section 3149c2 of this title or subsequently and',
389:'accompanied by a plan for selfinsurance which is satisfactory to the president, shall be deemed compliance with subsection a. no',
390:'such selfinsurer may receive assistance under section 5172 or 5189 of this title [section 406 or 422] for any property',
391:'or part thereof for which it has previously received assistance under this act, to the extent that insurance for such',
392:'property or part thereof would have been reasonably available. prohibited flood disaster assistance 42 u.s.c. 5154a a general prohibition notwithstanding',
393:'any other provision of law, no federal disaster relief assistance made available in a flood disaster area may be used',
394:'to make a payment including any loan assistance payment to a person for repair, replacement, or restoration for damage to',
395:'any personal, residential, or commercial property if that person at any time has received flood disaster assistance that was conditional',
396:'on the person first having obtained flood insurance under applicable federal law and subsequently having failed to obtain and maintain',
397:'flood insurance as required under applicable federal law on such property. b transfer of property 1 duty to notify in',
398:'the event of the transfer of any property described in paragraph 3, the transferor shall, not later than the date',
399:'on which such transfer occurs, notify the transferee in writing of the requirements to a obtain flood insurance in accordance',
400:'with applicable federal law with respect to such property, if the property is not so insured as of the date',
401:'on which the property is transferred; and b maintain flood insurance in accordance with applicable federal law with respect to',
402:'such property. such written notification shall be contained in documents evidencing the transfer of ownership of the property. stafford act',
403:'title iii § 311, 42 u.s.c. § 5154a this section enacted by sec. 582 of the national flood insurance reform',
404:'act of 1994. 2 failure to notify if a transferor described in paragraph 1 fails to make a notification in',
405:'accordance with such paragraph and, subsequent to the transfer of the property a the transferee fails to obtain or maintain',
406:'flood insurance in accordance with applicable federal law with respect to the property, b the property is damaged by a',
407:'flood disaster, and c federal disaster relief assistance is provided for the repair, replacement, or restoration of the property as',
408:'a result of such damage, the transferor shall be required to reimburse the federal government in an amount equal to',
409:'the amount of the federal disaster relief assistance provided with respect to the property. 3 property described for purposes of',
410:'paragraph 1, a property is described in this paragraph if it is personal, commercial, or residential property for which federal',
411:'disaster relief assistance made available in a flood disaster area has been provided, prior to the date on which the',
412:'property is transferred, for repair, replacement, or restoration of the property, if such assistance was conditioned upon obtaining flood insurance',
413:'in accordance with applicable federal law with respect to such property. c [omitted] d “flood disaster area” defined for purposes',
414:'of this section, the term “flood disaster area” means an area with respect to which 1 the secretary of agriculture',
415:'finds, or has found, to have been substantially affected by a natural disaster in the united states pursuant to [7',
416:'u.s.c. § 1961a]; or 2 the president declares, or has declared, the existence of a major disaster or emergency pursuant',
417:'to the [stafford act] 42 u.s.c. 5121 et seq., as a result of flood conditions existing in or affecting that',
418:'area. e effective date this section and the amendments made by this section shall apply to disasters declared after september',
419:'23, 1994. sec. 312. duplication of benefits 42 u.s.c. 5155 a general prohibition the president, in consultation with the head',
420:'of each federal agency administering any program providing financial assistance to persons, business concerns, or other entities suffering losses as',
421:'a result of a major disaster or emergency, shall assure that no such person, business concern, or other entity will',
422:'receive such assistance with respect to any part of such loss as to which he has received financial assistance under',
423:'any other program or from insurance or any other source. b special rules 1 limitation this section shall not prohibit',
424:'the provision of federal assistance to a person who is or may be entitled to receive benefits for the same',
425:'purposes from another source if such person has not received such other benefits by the time of application for federal',
426:'assistance and if such person agrees to repay all duplicative stafford act title iii 42 u.s.c. § 5154a, § 312',
427:'amended flood disaster protection act 42 u.s.c 4012aa to state requirement to maintain flood insurance exists for the life of',
428:'the property, regardless of transfer of ownership. assistance to the agency providing the federal assistance. 2 procedures the president shall',
429:'establish such procedures as the president considers necessary to ensure uniformity in preventing duplication of benefits. 3 effect of partial',
430:'benefits receipt of partial benefits for a major disaster or emergency shall not preclude provision of additional federal assistance for',
431:'any part of a loss or need for which benefits have not been provided. 4 waiver of general prohibition. a',
432:'in general the president may waive the general prohibition provided in subsection a upon request of a governor on behalf',
433:'of the state or on behalf of a person, business concern, or any other entity suffering losses as a result',
434:'of a major disaster or emergency, if the president finds such waiver is in the public interest and will not',
435:'result in waste, fraud, or abuse. in making this decision, the president may consider the following: i the recommendations of',
436:'the administrator of [fema] made in consultation with the federal agency or agencies administering the duplicative program. ii if a',
437:'waiver is granted, the assistance to be funded is cost effective. iii equity and good conscience. iv other matters of',
438:'public policy considered appropriate by the president. b grant or denial of waiver a request under subparagraph a shall be',
439:'granted or denied not later than 45 days after submission of such request. c prohibition on determination that loan is',
440:'a duplication notwithstanding subsection c, in carrying out subparagraph a, the president may not determine that a loan is a',
441:'duplication of assistance, provided that all federal assistance is used toward a loss suffered as a result of the major',
442:'disaster or emergency. c recovery of duplicative benefits a person receiving federal assistance for a major disaster or emergency shall',
443:'be liable to the united states to the extent that such assistance duplicates benefits available to the person for the',
444:'same purpose from another source. the agency which provided the duplicative assistance shall collect such duplicative assistance from the recipient',
445:'in accordance with chapter 37 of title 31, relating to debt collection, when the head of such agency considers it',
446:'to be in the best interest of the federal government. d assistance not income federal major disaster and emergency assistance',
447:'provided to individuals and families under this act, and comparable disaster assistance provided by states, local governments, and disaster assistance',
448:'organizations, shall not be considered as income or a resource when determining eligibility for or benefit levels under federally funded',
449:'income assistance or resourcetested benefit programs. stafford act title iii § 312 the disaster recovery reform act drra, div. d',
450:'of pub. l. 115254 § 1210 2018. sec. 1210 of drra provides that paragraph 312b4 is effective for declarations between',
451:'jan. 1, 2016 to dec. 31, 2021. it does not apply to sections 406 and 408 of the stafford act.',
452:'sec. 313. standards and reviews 42 u.s.c. 5156 the president shall establish comprehensive standards which shall be used to assess',
453:'the efficiency and effectiveness of federal major disaster and emergency assistance programs administered under this act. the president shall conduct',
454:'annual reviews of the activities of federal agencies and state and local governments in major disaster and emergency preparedness and',
455:'in providing major disaster and emergency assistance in order to assure maximum coordination and effectiveness of such programs and consistency',
456:'in policies for reimbursement of states under this act. sec. 314. penalties 42 u.s.c. 5157 a misuse of funds any',
457:'person who knowingly misapplies the proceeds of a loan or other cash benefit obtained under this act shall be fined',
458:'an amount equal to one and onehalf times the misapplied amount of the proceeds or cash benefit. b civil enforcement',
459:'whenever it appears that any person has violated or is about to violate any provision of this act, including any',
460:'civil penalty imposed under this act, the attorney general may bring a civil action for such relief as may be',
461:'appropriate. such action may be brought in an appropriate united states district court. c referral to attorney general the president',
462:'shall expeditiously refer to the attorney general for appropriate action any evidence developed in the performance of functions under this',
463:'act that may warrant consideration for criminal prosecution. d civil penalty any individual who knowingly violates any order or regulation',
464:'issued under this act shall be subject to a civil penalty of not more than $5,000 for each violation. sec.',
465:'315. availability of materials 42 u.s.c. 5158 the president is authorized, at the request of the governor of an affected',
466:'state, to provide for a survey of construction materials needed in the area affected by a major disaster on an',
467:'emergency basis for housing repairs, replacement housing, public facilities repairs and replacement, farming operations, and business enterprises and to take',
468:'appropriate action to assure the availability and fair distribution of needed materials, including, where possible, the allocation of such materials',
469:'for a period of not more than one hundred and eighty days after such major disaster. any allocation program shall',
470:'be implemented by the president to the extent possible, by working with and through those companies which traditionally supply construction',
471:'materials in the affected area. for the purposes of this section “construction materials” shall include building materials and materials required',
472:'for repairing housing, replacement housing, public facilities repairs and replacement, and for normal farm and business operations. sec. 316. protection',
473:'of environment 42 u.s.c. 5159 an action which is taken or assistance which is provided pursuant to section 5170a, 5170b,',
474:'5172, 5173, or 5192 of this title [section 402, 403, 406, 407, or 502], including such assistance provided pursuant to',
475:'the procedures provided for in section 5189 of this title [section 422], which has the effect of restoring a facility',
476:'substantially to its condition prior to the disaster or emergency, shall not be deemed a major federal action significantly affecting',
477:'the quality stafford act title iii §§ 313315 of the human environment within the meaning of the national environmental policy',
478:'act of 1969 83 stat. 852 [42 u.s.c. §4321 et seq.]. nothing in this section shall alter or affect the',
479:'applicability of the national environmental policy act of 1969 [42 u.s.c. §4321 et seq.] to other federal actions taken under',
480:'this act or under any other provisions of law. sec. 317. recovery of assistance 42 u.s.c. 5160 a party liable',
481:'any person who intentionally causes a condition for which federal assistance is provided under this act or under any other',
482:'federal law as a result of a declaration of a major disaster or emergency under this act shall be liable',
483:'to the united states for the reasonable costs incurred by the united states in responding to such disaster or emergency',
484:'to the extent that such costs are attributable to the intentional act or omission of such person which caused such',
485:'condition. such action for reasonable costs shall be brought in an appropriate united states district court. b rendering of care',
486:'a person shall not be liable under this section for costs incurred by the united states as a result of',
487:'actions taken or omitted by such person in the course of rendering care or assistance in response to a major',
488:'disaster or emergency. sec. 318. audits and investigations 42 u.s.c. 5161 a in general subject to the provisions of chapter',
489:'75 of title 31, relating to requirements for single audits, the president shall conduct audits and investigations as necessary to',
490:'assure compliance with this act, and in connection therewith may question such persons as may be necessary to carry out',
491:'such audits and investigations. b access to records for purposes of audits and investigations under this section, the president and',
492:'comptroller general may inspect any books, documents, papers, and records of any person relating to any activity undertaken or funded',
493:'under this act. c state and local audits the president may require audits by state and local governments in connection',
494:'with assistance under this act when necessary to assure compliance with this act or related regulations. sec. 319. advance of',
495:'nonfederal share 42 u.s.c. 5162 a in general the president may lend or advance to an eligible applicant or a',
496:'state the portion of assistance for which the state is responsible under the costsharing provisions of this act in any',
497:'case in which 1 the state is unable to assume its financial responsibility under such costsharing provisions— a with respect',
498:'to concurrent, multiple major disasters in a jurisdiction, or b after incurring extraordinary costs as a result of a particular',
499:'disaster; and 2 the damages caused by such disasters or disaster are so overwhelming and severe that it is not',
500:'possible for the applicant or the state to assume immediately their financial responsibility under this act. b terms of loans',
501:'and advances 1 in general any loan or advance under this section shall be repaid to the united stafford act',
502:'title iii §§ 316319 states. 2 interest loans and advances under this section shall bear interest at a rate determined',
503:'by the secretary of the treasury, taking into consideration the current market yields on outstanding marketable obligations of the united',
504:'states with remaining periods to maturity comparable to the reimbursement period of the loan or advance. c regulations the president',
505:'shall issue regulations describing the terms and conditions under which any loan or advance authorized by this section may be',
506:'made. sec. 320. limitation on use of sliding scales 42 u.s.c. 5163 no geographic area shall be precluded from receiving',
507:'assistance under this act solely by virtue of an arithmetic formula or sliding scale based on income or population. sec.',
508:'321. rules and regulations 42 u.s.c. 5164 the president may prescribe such rules and regulations as may be necessary and',
509:'proper to carry out the provisions of this act, and may exercise, either directly or through such federal agency as',
510:'the president may designate, any power or authority conferred to the president by this act. sec. 322. mitigation planning 42',
511:'u.s.c. 5165 a requirement of mitigation plan as a condition of receipt of an increased federal share for hazard mitigation',
512:'measures under subsection e of this section, a state, local, or tribal government shall develop and submit for approval to',
513:'the president a mitigation plan that outlines processes for identifying the natural hazards, risks, and vulnerabilities of the area under',
514:'the jurisdiction of the government. b local and tribal plans each mitigation plan developed by a local or tribal government',
515:'shall 1 describe actions to mitigate hazards, risks, and vulnerabilities identified under the plan; and 2 establish a strategy to',
516:'implement those actions. c state plans the state process of development of a mitigation plan under this section shall 1',
517:'identify the natural hazards, risks, and vulnerabilities of areas in the state; 2 support development of local mitigation plans; 3',
518:'provide for technical assistance to local and tribal governments for mitigation planning; and 4 identify and prioritize mitigation actions that',
519:'the state will support, as resources become available. d funding 1 in general federal contributions under section 5170c of this',
520:'title [section 404] may be used to fund the development and updating of mitigation plans under this stafford act title',
521:'iii §§ 319322 section. 2 maximum federal contribution with respect to any mitigation plan, a state, local, or tribal government',
522:'may use an amount of federal contributions under section 5170c of this title [section 404] not to exceed 7 percent',
523:'of the amount of such contributions available to the government as of a date determined by the government. e increased',
524:'federal share for hazard mitigation measures 1 in general if, at the time of the declaration of a major disaster',
525:'or event under section 420, a state has in effect an approved mitigation plan under this section, the president may',
526:'increase to 20 percent, with respect to the major disaster or event under section 420, the maximum percentage specified in',
527:'the last sentence of section 5170ca of this title [section 404a]. 2 factors for consideration in determining whether to increase',
528:'the maximum percentage under paragraph 1, the president shall consider whether the state has established a eligibility criteria for property',
529:'acquisition and other types of mitigation measures; b requirements for cost effectiveness that are related to the eligibility criteria; c',
530:'a system of priorities that is related to the eligibility criteria; and d a process by which an assessment of',
531:'the effectiveness of a mitigation action may be carried out after the mitigation action is complete. sec. 323. minimum standards',
532:'for public and private structures 42 u.s.c. 5165a a in general as a condition of receipt of a disaster loan',
533:'or grant under this act 1 the recipient shall carry out any repair or construction to be financed with the',
534:'loan or grant in accordance with applicable standards of safety, decency, and sanitation and in conformity with applicable codes, specifications,',
535:'and standards; and 2 the president may require safe land use and construction practices, after adequate consultation with appropriate state',
536:'and local government officials. b evidence of compliance a recipient of a disaster loan or grant under this act shall',
537:'provide such evidence of compliance with this section as the president may require by regulation. sec. 324. management costs 42',
538:'u.s.c. 5165b a definition of management cost in this section, the term “management cost” includes any indirect cost, any direct',
539:'administrative cost, and any other administrative expense associated with a specific project under a major disaster, emergency, or disaster preparedness',
540:'or mitigation activity or measure. b establishment of management cost rates 1 in general notwithstanding any other provision of law',
541:'including any stafford act title iii § 322324 administrative rule or guidance, the president shall by regulation implement management cost',
542:'rates, for grantees and subgrantees, that shall be used to determine contributions under this act for management costs. 2 specific',
543:'management costs the administrator of [fema] shall provide the following percentage rates, in addition to the eligible project costs, to',
544:'cover direct and indirect costs of administering the following programs: a hazard mitigation a grantee under section 404 may be',
545:'reimbursed not more than 15 percent of the total amount of the grant award under such section of which not',
546:'more than 10 percent may be used by the grantee and 5 percent by the subgrantee for such costs. b',
547:'public assistance a grantee under sections 403, 406, 407, and 502 may be reimbursed not more than 12 percent of',
548:'the total award amount under such sections, of which not more than 7 percent may be used by the grantee',
549:'and 5 percent by the subgrantee for such costs. c review the president shall review the management cost rates established',
550:'under subsection b not later than 3 years after the date of establishment of the rates and periodically thereafter. sec.',
551:'325. public notice, comment, and consultation requirements 42 u.s.c. 5165c a public notice and comment concerning new or modified policies',
552:'1 in general the president shall provide for public notice and opportunity for comment before adopting any new or modified',
553:'policy that a governs implementation of the public assistance program administered by [fema] under this act; and b could result',
554:'in a significant reduction of assistance under the program. 2 application any policy adopted under paragraph 1 shall apply only',
555:'to a major disaster or emergency declared on or after the date on which the policy is adopted. b consultation',
556:'concerning interim policies 1 in general before adopting any interim policy under the public assistance program to address specific conditions',
557:'that relate to a major disaster or emergency that has been declared under this act, the president, to the maximum',
558:'extent practicable, shall solicit the views and recommendations of grantees and subgrantees with respect to the major disaster or emergency',
559:'concerning the potential interim policy, if the interim policy is likely a to result in a significant reduction of assistance',
560:'to applicants for the assistance with respect to the major disaster or emergency; or b to change the terms of',
561:'a written agreement to which the federal government is a party concerning the declaration of the major disaster or emergency.',
562:'2 no legal right of action nothing in this subsection confers a legal right of action on any party. stafford',
563:'act title iii §§ 324325 c public access the president shall promote public access to policies governing the implementation of',
564:'the public assistance program. sec. 326. designation of small state and rural advocate 42 u.s.c. 5165d a in general the',
565:'president shall designate in [fema] a small state and rural advocate. b responsibilities the small state and rural advocate shall',
566:'be an advocate for the fair treatment of small states and rural communities in the provision of assistance under this',
567:'act. c duties the small state and rural advocate shall 1 participate in the disaster declaration process under section 5170',
568:'of this title [section 401] and the emergency declaration process under section 5191 of this title [section 501], to ensure',
569:'that the needs of rural communities are being addressed; 2 assist small population states in the preparation of requests for',
570:'major disaster or emergency declarations; and 3 conduct such other activities as the administrator of [fema] considers appropriate. sec. 327.',
571:'national urban search and rescue response system 42 u.s.c. 5165f a definitions in this section, the following definitions shall apply:',
572:'1 administrator the term ‘‘administrator’’ means the administrator of [fema]. 2 agency the term ‘‘agency’’ means [fema]. 3 hazard the',
573:'term ‘‘hazard’’ has the meaning given the term in section 602. 4 nonemployee system member the term ‘‘nonemployee system member’’',
574:'means a system member not employed by a sponsoring agency or participating agency. 5 participating agency the term ‘‘participating agency’’',
575:'means a state or local government, nonprofit organization, or private organization that has executed an agreement with a sponsoring agency',
576:'to participate in the system. 6 sponsoring agency the term ‘‘sponsoring agency’’ means a state or local government that is',
577:'the sponsor of a task force designated by the administrator to participate in the system. 7 system the term ‘‘system’’',
578:'means the national urban search and rescue response system to be administered under this section. 8 system member the term',
579:'‘‘system member’’ means an individual who is not a fulltime employee of the federal government and who serves on a',
580:'task force or on a system management or other technical team. 9 task force the term ‘‘task force’’ means an',
581:'urban search and rescue team designated by the administrator to participate in the system. b general authority subject to the',
582:'requirements of this section, the administrator shall continue to administer the emergency response system known as the national stafford act',
583:'title iii §§ 325327 urban search and rescue response system. c functions in administering the system, the administrator shall provide',
584:'for a national network of standardized search and rescue resources to assist states and local governments in responding to hazards.',
585:'d task forces. 1 designation the administrator shall designate task forces to participate in the system. the administration shall determine',
586:'the criteria for such participation. 2 sponsoring agencies each task force shall have a sponsoring agency. the administrator shall enter',
587:'into an agreement with the sponsoring agency with respect to the participation of each task force in the system. 3',
588:'composition a participating agencies a task force may include, at the discretion of the sponsoring agency, one or more participating',
589:'agencies. the sponsoring agency shall enter into an agreement with each participating agency with respect to the participation of the',
590:'participating agency on the task force. b other individuals a task force may also include, at the discretion of the',
591:'sponsoring agency, other individuals not otherwise associated with the sponsoring agency or a participating agency. the sponsoring agency of a',
592:'task force may enter into a separate agreement with each such individual with respect to the participation of the individual',
593:'on the task force. e management and technical teams the administrator shall maintain such management teams and other technical teams',
594:'as the administrator determines are necessary to administer the system. f appointment of system members into federal service 1 in',
595:'general the administrator may appoint a system member into federal service for a period of service to provide for the',
596:'participation of the system member in exercises, preincident staging, major disaster and emergency response activities, and training events sponsored or',
597:'sanctioned by the administrator. 2 nonapplicability of certain civil service laws the administrator may make stafford act title iii §',
598:'327 sec. 1218 of drra provides that “a in general.—the administrator of the federal emergency management agency may establish one',
599:'or more national veterinary emergency teams at accredited colleges of veterinary medicine. b responsibilities.—a national veterinary emergency team shall— 1',
600:'deploy with a team of the national urban search and rescue response system to assist with— a veterinary care of',
601:'canine search teams; b locating and treating companion animals, service animals, livestock, and other animals; and c surveillance and treatment',
602:'of zoonotic diseases; 2 recruit, train, and certify veterinary professionals, including veterinary students, in accordance with an established set of',
603:'plans and standard operating guidelines to carry out the duties associated with planning for and responding to major disasters and',
604:'emergencies as described in paragraph 1; 3 assist state governments, indian tribal governments, local governments, and nonprofit organizations in developing',
605:'emergency management and evacuation plans that account for the care and rescue of animals and in improving local readiness for',
606:'providing veterinary medical response during an emergency or major disaster; and 4 coordinate with the department of homeland security, the',
607:'department of health and human services, the department of agriculture, state, local, and indian tribal governments including departments of animal',
608:'and human health, veterinary and health care professionals, and volunteers.” appointments under paragraph 1 without regard to the provisions of',
609:'title 5, united states code, governing appointments in the competitive service. 3 relationship to other authorities the authority of the',
610:'administrator to make appointments under this subsection shall not affect any other authority of the administrator under this act. 4',
611:'limitation a system member who is appointed into federal service under paragraph 1 shall not be considered an employee of',
612:'the united states for purposes other than those specifically set forth in this section. g compensation 1 pay of system',
613:'members—subject to such terms and conditions as the administrator may impose by regulation, the administrator shall make payments to the',
614:'sponsoring agency of a task force a to reimburse each employer of a system member on the task force for',
615:'compensation paid by the employer to the system member for any period during which the system member is appointed into',
616:'federal service under subsection f1; and b to make payments directly to a nonemployee system member on the task force',
617:'for any period during which the nonemployee system member is appointed into federal service under subsection f1. 2 reimbursement for',
618:'employees filling positions of system members a in general subject to such terms and conditions as the administrator may impose',
619:'by regulation, the administrator shall make payments to the sponsoring agency of a task force to be used to reimburse',
620:'each employer of a system member on the task force for compensation paid by the employer to an employee filling',
621:'a position normally filled by the system member for any period during which the system member is appointed into federal',
622:'service under subsection f1. b limitation costs incurred by an employer shall be eligible for reimbursement under subparagraph a only',
623:'to the extent that the costs are in excess of the costs that would have been incurred by the employer',
624:'had the system member not been appointed into federal service under subsection f1. 3 method of payment. a system member',
625:'shall not be entitled to pay directly from the agency for a period during which the system member is appointed',
626:'into federal service under subsection f1. h personal injury, illness, disability, or death 1 in general a system member who',
627:'is appointed into federal service under subsection f1 and who suffers personal injury, illness, disability, or death as a result',
628:'of a personal injury sustained while acting in the scope of such appointment, shall, for the purposes of subchapter i',
629:'of chapter 81 of title 5, united states code, be treated as though the member were an employee as defined',
630:'by section 8101 of that title who had sustained the injury in the performance of duty. stafford act title iii',
631:'§ 327 2 election of benefits a in general a system member or, in the case of the death of',
632:'the system member, the system member’s dependent who is entitled under paragraph 1 to receive benefits under subchapter i of',
633:'chapter 81 of title 5, united states code, by reason of personal injury, illness, disability, or death, and to receive',
634:'benefits from a state or local government by reason of the same personal injury, illness, disability or death shall elect',
635:'to i receive benefits under such subchapter; or ii receive benefits from the state or local government. b deadline a',
636:'system member or dependent shall make an election of benefits under subparagraph a not later than 1 year after the',
637:'date of the personal injury, illness, disability, or death that is the reason for the benefits, or until such later',
638:'date as the secretary of labor may allow for reasonable cause shown. c effect of election an election of benefits',
639:'made under this paragraph is irrevocable unless otherwise provided by law. 3 reimbursement for state or local benefits subject to',
640:'such terms and conditions as the administrator may impose by regulation, if a system member or dependent elects to receive',
641:'benefits from a state or local government under paragraph 2a, the administrator shall reimburse the state or local government for',
642:'the value of the benefits. 4 public safety officer claims nothing in this subsection shall be construed to bar any',
643:'claim by, or with respect to, any system member who is a public safety officer, as defined in section 1204',
644:'of title i of the omnibus crime control and safe streets act of 1968 42 u.s.c. 3796b, for any benefits',
645:'authorized under part l of title i of that act 42 u.s.c. 3796 et seq.. i liability a system member',
646:'appointed into federal service under subsection f1, while acting within the scope of the appointment, shall be considered to be',
647:'an employee of the federal government under section 1346b of title 28, united states code, and chapter 171 of that',
648:'title, relating to tort claims procedure. j employment and reemployment rights with respect to a system member who is not',
649:'a regular fulltime employee of a sponsoring agency or participating agency, the following terms and conditions apply: 1 service service',
650:'as a system member shall be considered to be ‘‘service in the uniformed services’’ for purposes of chapter 43 of',
651:'title 38, united states code, relating to employment and reemployment rights of individuals who have performed service in the uniformed',
652:'services regardless of whether the individual receives compensation for such participation. all rights and obligations of such persons and procedures',
653:'for assistance, enforcement, and investigation shall be as provided for in such chapter. 2 preclusion preclusion of giving notice of',
654:'service by necessity of appointment under this section shall be considered to be preclusion by ‘‘military necessity’’ stafford act title',
655:'iii § 327 for purposes of section 4312b of title 38, united states code, pertaining to giving notice of absence',
656:'from a position of employment. a determination of such necessity shall be made by the administrator and shall not be',
657:'subject to judicial review. k licenses and permits if a system member holds a valid license, certificate, or other permit',
658:'issued by any state or other governmental jurisdiction evidencing the member’s qualifications in any professional, mechanical, or other skill or',
659:'type of assistance required by the system, the system member is deemed to be performing a federal activity when rendering',
660:'aid involving such skill or assistance during a period of appointment into federal service under subsection f1. l preparedness cooperative',
661:'agreements subject to the availability of appropriations for such purpose, the administrator shall enter into an annual preparedness cooperative agreement',
662:'with each sponsoring agency. amounts made available to a sponsoring agency under such a preparedness cooperative agreement shall be for',
663:'the following purposes: 1 training and exercises, including training and exercises with other federal, state, and local government response entities.',
664:'2 acquisition and maintenance of equipment, including interoperable communications and personal protective equipment. 3 medical monitoring required for responder safety',
665:'and health in anticipation of and following a major disaster, emergency, or other hazard, as determined by the administrator. m',
666:'response cooperative agreements the administrator shall enter into a response cooperative agreement with each sponsoring agency, as appropriate, under which',
667:'the administrator agrees to reimburse the sponsoring agency for costs incurred by the sponsoring agency in responding to a major',
668:'disaster or emergency. n obligations the administrator may incur all necessary obligations consistent with this section in order to ensure',
669:'the effectiveness of the system. o equipment maintenance and replacement not later than 180 days after the date of enactment',
670:'of this section, the administrator shall submit to the appropriate congressional committees as defined in section 2 of the homeland',
671:'security act of 2002 6 u.s.c. 101 a report on the development of a plan, including implementation steps and timeframes,',
672:'to finance, maintain, and replace system equipment. stafford act title iii § 327 title iv major disaster assistance programs sec.',
673:'401. procedure for declaration 42 u.s.c. 5170 a in general all requests for a declaration by the president that a',
674:'major disaster exists shall be made by the governor of the affected state. such a request shall be based on',
675:'a finding that the disaster is of such severity and magnitude that effective response is beyond the capabilities of the',
676:'state and the affected local governments and that federal assistance is necessary. as part of such request, and as a',
677:'prerequisite to major disaster assistance under this act, the governor shall take appropriate response action under state law and direct',
678:'execution of the state’s emergency plan. the governor shall furnish information on the nature and amount of state and local',
679:'resources which have been or will be committed to alleviating the results of the disaster, and shall certify that, for',
680:'the current disaster, state and local government obligations and expenditures of which state commitments must be a significant proportion will',
681:'comply with all applicable costsharing requirements of this act. based on the request of a governor under this section, the',
682:'president may declare under this act that a major disaster or emergency exists. b indian tribal government requests 1 in',
683:'general the chief executive of an affected indian tribal government may submit a request for a declaration by the president',
684:'that a major disaster exists consistent with the requirements of subsection a. 2 references in implementing assistance authorized by the',
685:'president under this chapter in response to a request of the chief executive of an affected indian tribal government for',
686:'a major disaster declaration, any reference in this subchapter or subchapter iii except sections 5153 and 5165d of this title',
687:'[sections 310 and 326] to a state or the governor of a state is deemed to refer to an affected',
688:'indian tribal government or the chief executive of an affected indian tribal government, as appropriate. 3 savings provision nothing in',
689:'this subsection shall prohibit an indian tribal government from receiving assistance under this subchapter through a declaration made by the',
690:'president at the request of a state under subsection a if the president does not make a declaration under this',
691:'subsection for the same incident. c cost share adjustments for indian tribal governments 1 in general in providing assistance to',
692:'an indian tribal government under this subchapter, the president may waive or adjust any payment of a nonfederal contribution with',
693:'respect to the assistance if a the president has the authority to waive or adjust the payment under another provision',
694:'of this subchapter; and b the president determines that the waiver of adjustment is necessary and appropriate. 2 criteria for',
695:'making determinations – the president shall establish criteria for making determinations under paragraph 1b. sec. 402. general federal assistance 42',
696:'u.s.c. 5170a in any major disaster, the president may 1 direct any federal agency, with or without reimbursement, to utilize',
697:'its authorities and the resources granted to it under federal law including personnel, equipment, supplies, facilities, and managerial, technical, and',
698:'advisory services in support of state and local assistance response and recovery efforts, including precautionary evacuations; 2 coordinate all disaster',
699:'relief assistance including voluntary assistance provided by federal agencies, private organizations, and state and local governments, including precautionary evacuations and',
700:'recovery; 3 provide technical and advisory assistance to affected state and local governments for a the performance of essential community',
701:'services; b issuance of warnings of risks and hazards; c public health and safety information, including dissemination of such information;',
702:'d provision of health and safety measures; e management, control, and reduction of immediate threats to public health and safety;',
703:'and f recovery activities, including disaster impact assessments and planning; 4 assist state and local governments in the distribution of',
704:'medicine, food, and other consumable supplies, and emergency assistance; 5 provide assistance to state and local governments for building code',
705:'and floodplain management ordinance administration and enforcement, including inspections for substantial damage compliance; and 6 provide accelerated federal assistance and',
706:'federal support where necessary to save lives, prevent human suffering, or mitigate severe damage, which may be provided in the',
707:'absence of a specific request and in which case the president— a shall, to the fullest extent practicable, promptly notify',
708:'and coordinate with officials in a state in which such assistance or support is provided; and b shall not, in',
709:'notifying and coordinating with a state under subparagraph a, delay or impede the rapid deployment, use, and distribution of critical',
710:'resources to victims of a major disaster. sec. 403. essential assistance 42 u.s.c. 5170b a in general federal agencies may',
711:'on the direction of the president, provide assistance essential to meeting immediate threats to life and property resulting from a',
712:'major disaster, as follows: 1 federal resources, generally utilizing, lending, or donating to state and local governments federal equipment, supplies,',
713:'facilities, personnel, and other stafford act title iv §§ 402403 resources, other than the extension of credit, for use or',
714:'distribution by such governments in accordance with the purposes of this act. 2 medicine, food, and other consumables distributing or',
715:'rendering through state and local governments, the american national red cross, the salvation army, the mennonite disaster service, and other',
716:'relief and disaster assistance organizations medicine durable medical equipment,, food, and other consumable supplies, and other services and assistance to',
717:'disaster victims. 3 work and services to save lives and protect property performing on public or private lands or waters',
718:'any work or services essential to saving lives and protecting and preserving property or public health and safety, including a',
719:'debris removal; b search and rescue, emergency medical care, emergency mass care, emergency shelter, and provision of food, water, medicine',
720:'durable medical equipment, and other essential needs, including movement of supplies or persons; c clearance of roads and construction of',
721:'temporary bridges necessary to the performance of emergency tasks and essential community services; d provision of temporary facilities for schools',
722:'and other essential community services; e demolition of unsafe structures which endanger the public; f warning of further risks and',
723:'hazards; g dissemination of public information and assistance regarding health and safety measures; h provision of technical advice to state',
724:'and local governments on disaster management and control; i reduction of immediate threats to life, property, and public health and',
725:'safety; and j provision of rescue, care, shelter, and essential needs i to individuals with household pets and service animals;',
726:'and ii to such pets and animals. 4 contributions making contributions to state or local governments or owners or operators',
727:'of private nonprofit facilities for the purpose of carrying out the provisions of this subsection. b federal share the federal',
728:'share of assistance under this section shall be not less than 75 percent of the eligible cost of such assistance.',
729:'c utilization of dod resources 1 general rule during the immediate aftermath of an incident which may ultimately qualify for',
730:'assistance under this title or title v of this act, the governor stafford act title iv § 403 of the',
731:'state in which such incident occurred may request the president to direct the secretary of defense to utilize the resources',
732:'of the department of defense for the purpose of performing on public and private lands any emergency work which is',
733:'made necessary by such incident and which is essential for the preservation of life and property. if the president determines',
734:'that such work is essential for the preservation of life and property, the president shall grant such request to the',
735:'extent the president determines practicable. such emergency work may only be carried out for a period not to exceed 10',
736:'days. 2 rules applicable to debris removal any removal of debris and wreckage carried out under this subsection shall be',
737:'subject to section 5173b of this title [section 407b], relating to unconditional authorization and indemnification for debris removal. 3 expenditures',
738:'out of disaster relief funds the cost of any assistance provided pursuant to this subsection shall be reimbursed out of',
739:'funds made available to carry out this act. 4 federal share the federal share of assistance under this subsection shall',
740:'be not less than 75 percent. 5 guidelines not later than 180 days after november 23, 1988, the president shall',
741:'issue guidelines for carrying out this subsection. such guidelines shall consider any likely effect assistance under this subsection will have',
742:'on the availability of other forms of assistance under this act. 6 definitions for purposes of this section— a department',
743:'of defense the term “department of defense” has the meaning the term “department” has under section 101 of title 10.',
744:'b emergency work the term “emergency work” includes clearance and removal of debris and wreckage and temporary restoration of essential',
745:'public facilities and services. d salaries and benefits 1 in general if the president declares a major disaster or emergency',
746:'for an area within the jurisdiction of a state, tribal, or local government, the president may reimburse the state, tribal,',
747:'or local government for costs relating to a basic pay and benefits for permanent employees of the state, tribal, or',
748:'local government conducting emergency protective measures under this section, if— i the work is not typically performed by the employees;',
749:'and ii the type of work may otherwise be carried out by contract or agreement with private organizations, firms, or',
750:'individuals[;] or b overtime and hazardous duty compensation for permanent employees of the state, tribal, or local government conducting emergency',
751:'protective stafford act title iv § 403 measures under this section. 2 overtime the guidelines for reimbursement for costs under',
752:'paragraph 1 shall ensure that no state, tribal, or local government is denied reimbursement for overtime payments that are required',
753:'pursuant to the fair labor standards act of 1938 29 u.s.c. 201 et seq.. 3 no effect on mutual aid',
754:'pacts nothing in this subsection shall affect the ability of the president to reimburse labor force expenses provided pursuant to',
755:'an authorized mutual aid pact. sec. 404. hazard mitigation 42 u.s.c. 5170c a in general the president may contribute up',
756:'to 75 percent of the cost of hazard mitigation measures which the president has determined are cost effective and which',
757:'substantially reduce the risk of, or increase resilience to, future damage, hardship, loss, or suffering in any area affected by',
758:'a major disaster, or any area affected by a fire for which assistance was provided under section 420. such measures',
759:'shall be identified following the evaluation of natural hazards under section 5165 of this title [section 322] and shall be',
760:'subject to approval by the president. subject to section 5165 of this title [section 322], the total of contributions under',
761:'this section for a major disaster or event under section 420 shall not exceed 15 percent for amounts not more',
762:'than $2,000,000,000, 10 percent for amounts of more than $2,000,000,000 and not more than $10,000,000,000, and 7.5 percent on amounts',
763:'of more than $10,000,000,000 and not more than $35,333,000,000 of the estimated aggregate amount of grants to be made less',
764:'any associated administrative costs under this act with respect to the major disaster or event under section 420. b property',
765:'acquisition and relocation assistance 1 general authority in providing hazard mitigation assistance under this section in connection with flooding, the',
766:'administrator of [fema] may provide property acquisition and relocation assistance for projects that meet the requirements of paragraph 2. 2',
767:'terms and conditions an acquisition or relocation project shall be eligible to receive assistance pursuant to paragraph 1 only if',
768:'a the applicant for the assistance is otherwise eligible to receive assistance under the hazard mitigation grant program established under',
769:'subsection a of this section; and b on or after december 3, 1993, the applicant for the assistance enters stafford',
770:'act title iv §§ 403404 sec. 1210b of drra provides that “notwithstanding section 312 of the [stafford act] 42 u.s.c.',
771:'5155 and its implementing regulations, assistance provided pursuant to section 404 of such act may be used to fund activities',
772:'authorized for construction within the scope of a federally authorized water resources development project of the army corps of engineers',
773:'if such activities are also eligible activities under such section.” the provision also says that federal funding provided pursant to',
774:'this section may not exceed the total federal share for the project. in addition, no further federal funding shall be',
775:'provided for construction of such a project constructed with funding pursuant to this subsection. into an agreement with the administrator',
776:'that provides assurances that i any property acquired, accepted, or from which a structure will be removed pursuant to the',
777:'project will be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands',
778:'management practices; ii no new structure will be erected on property acquired, accepted or from which a structure was removed',
779:'under the acquisition or relocation program other than i a public facility that is open on all sides and functionally',
780:'related to a designated open space; ii a rest room; or iii a structure that the administrator approves in writing',
781:'before the commencement of the construction of the structure; and iii after receipt of the assistance, with respect to any',
782:'property acquired, accepted or from which a structure was removed under the acquisition or relocation program i no subsequent application',
783:'for additional disaster assistance for any purpose will be made by the recipient to any federal entity; and ii no',
784:'assistance referred to in subclause i will be provided to the applicant by any federal source. 3 statutory construction nothing',
785:'in this subsection is intended to alter or otherwise affect an agreement for an acquisition or relocation project carried out',
786:'pursuant to this section that was in effect on the day before december 3, 1993. c program administration by states',
787:'1 in general a state desiring to administer the hazard mitigation grant program established by this section with respect to',
788:'hazard mitigation assistance in the state may submit to the president an application for the delegation of the authority to',
789:'administer the program. 2 criteria the president, in consultation and coordination with states and local governments, shall establish criteria for',
790:'the approval of applications submitted under paragraph 1. until such time as the administrator promulgates regulations to implement this paragraph,',
791:'the administrator may waive notice and comment rulemaking, if the administrator determines doing so is necessary to expeditiously implement this',
792:'section, and may carry out this section as a pilot program. the criteria shall include, at a minimum a the',
793:'demonstrated ability of the state to manage the grant program under this section; b there being in effect an approved',
794:'mitigation plan under section 5165 of this title [section 322]; and stafford act title iv § 404 c a demonstrated',
795:'commitment to mitigation activities. 3 approval the president shall approve an application submitted under paragraph 1 that meets the criteria',
796:'established under paragraph 2. 4 withdrawal of approval if, after approving an application of a state submitted under paragraph 1,',
797:'the president determines that the state is not administering the hazard mitigation grant program established by this section in a',
798:'manner satisfactory to the president, the president shall withdraw the approval. 5 audits the president shall provide for periodic audits',
799:'of the hazard mitigation grant programs administered by states under this subsection. d streamlined procedures 1 in general for the',
800:'purpose of providing assistance under this section, the president shall ensure that— a adequate resources are devoted to ensure that',
801:'applicable environmental reviews under the national environmental policy act of 1969 [42 u.s.c. 4321 et seq.] and historic preservation reviews',
802:'under the national historic preservation act [16 u.s.c. 470 et seq.] are completed on an expeditious basis; and b the',
803:'shortest existing applicable process under the national environmental policy act of 1969 [42 u.s.c. 4321 et seq.] and the national',
804:'historic preservation act [16 u.s.c. 470 et seq.] is utilized. 2 authority for other expedited procedures the president may utilize',
805:'expedited procedures in addition to those required under paragraph 1 for the purpose of providing assistance under this section, such',
806:'as procedures under the prototype programmatic agreement of [fema], for the consideration of multiple structures as a group and for',
807:'an analysis of the costeffectiveness and fulfillment of costshare requirements for proposed hazard mitigation measures. e advance assistance the president',
808:'may provide not more than 25 percent of the amount of the estimated cost of hazard mitigation measures to a',
809:'state grantee eligible for a grant under this section before eligible costs are incurred. f use of assistance recipients of',
810:'hazard mitigation assistance provided under this section and section 203 may use the assistance to conduct activities to help reduce',
811:'the risk of future damage, hardship, loss, or suffering in any area affected by a wildfire or windstorm, such as—',
812:'1 reseeding ground cover with quickgrowing or native species; 2 mulching with straw or chipped wood; 3 constructing straw, rock,',
813:'or log dams in small tributaries to prevent flooding; 4 placing logs and other erosion barriers to catch sediment on',
814:'hill slopes; 5 installing debris traps to modify road and trail drainage mechanisms; 6 modifying or removing culverts to allow',
815:'drainage to flow freely; 7 adding drainage dips and constructing emergency spillways to keep roads and stafford act title iv',
816:'§ 404 bridges from washing out during floods; 8 planting grass to prevent the spread of noxious weeds; 9 installing',
817:'warning signs; 10 establishing defensible space measures; 11 reducing hazardous fuels; 12 mitigating windstorm damage, including replacing or installing electrical',
818:'transmission or distribution utility pole structures with poles that are resilient to extreme wind and combined ice and wind loadings',
819:'for the basic wind speeds and ice conditions associated with the relevant location; 13 removing standing burned trees; and 14',
820:'replacing water systems that have been burned and have caused contamination. g use of assistance for earthquake hazards recipients of',
821:'hazard mitigation assistance provided under this section and section 203 may use the assistance to conduct activities to help reduce',
822:'the risk of future damage, hardship, loss, or suffering in any area affected by earthquake hazards, including— 1 improvements to',
823:'regional seismic networks in support of building a capability for earthquake early warning; 2 improvements to geodetic networks in support',
824:'of building a capability for earthquake early warning; and 3 improvements to seismometers, global positioning system receivers, and associated infrastructure',
825:'in support of building a capability for earthquake early warning. sec. 405. federal facilities 42 u.s.c. 5171 a repair, reconstruction,',
826:'restoration, or replacement of united states facilities the president may authorize any federal agency to repair, reconstruct, restore, or replace',
827:'any facility owned by the united states and under the jurisdiction of such agency which is damaged or destroyed by',
828:'any major disaster if he determines that such repair, reconstruction, restoration, or replacement is of such importance and urgency that',
829:'it cannot reasonably be deferred pending the enactment of specific authorizing legislation or the making of an appropriation for such',
830:'purposes, or the obtaining of congressional committee approval. b availability of funds appropriated to agency for repair, reconstruction, restoration, or',
831:'replacement of agency facilities in order to carry out the provisions of this section, such repair, reconstruction, restoration, or replacement',
832:'may be begun notwithstanding a lack or an insufficiency of funds appropriated for such purpose, where such lack or insufficiency',
833:'can be remedied by the transfer, in accordance with law, of funds appropriated to that agency for another purpose. c',
834:'steps for mitigation of hazards in implementing this section, federal agencies shall evaluate the natural hazards to which these facilities',
835:'are exposed and shall take appropriate action to mitigate such hazards, including safe landuse and construction stafford act title iv',
836:'§§ 404405 practices, in accordance with standards prescribed by the president. sec. 406. repair, restoration, and replacement of damaged facilities',
837:'42 u.s.c. 5172 a contributions 1 in general the president may make contributions a to a state or local government',
838:'for the repair, restoration, reconstruction, or replacement of a public facility damaged or destroyed by a major disaster and for',
839:'associated expenses incurred by the government; and b subject to paragraph 3, to a person that owns or operates a',
840:'private nonprofit facility damaged or destroyed by a major disaster for the repair, restoration, reconstruction, or replacement of the facility',
841:'and for associated expenses incurred by the person. 2 associated expenses for the purposes of this section, associated expenses shall',
842:'include a the costs of mobilizing and employing the national guard for performance of eligible work; b the costs of',
843:'using prison labor to perform eligible work, including wages actually paid, transportation to a worksite, and extraordinary costs of guards,',
844:'food, and lodging; c base and overtime wages for the employees and extra hires of a state, local government, or',
845:'person described in paragraph 1 that perform eligible work, plus fringe benefits on such wages to the extent that such',
846:'benefits were being paid before the major disaster; and d base and overtime wages for extra hires to facilitate the',
847:'implementation and enforcement of adopted building codes for a period of not more than 180 days after the major disaster',
848:'is declared. 3 conditions for assistance to private nonprofit facilities a in general the president may make contributions to a',
849:'private nonprofit facility under paragraph 1b only if i the facility provides critical services as defined by the president in',
850:'the event of a major disaster; or ii the owner or operator of the facility i has applied for a',
851:'disaster loan under [sec. 7b of the small business act 15 u.s.c. § 636b]; and ii aa has been determined',
852:'to be ineligible for such a loan; or bb has obtained such a loan in the maximum amount for which',
853:'the small business administration determines the facility is eligible. b definition of critical services in this paragraph, the term “critical',
854:'stafford act title iv §§ 405406 services” includes power, water including water provided by an irrigation organization or facility, sewer,',
855:'wastewater treatment, communications including broadcasting and telecommunications, education, and emergency medical care. c religious facilities a church, synagogue, mosque, temple,',
856:'or other house of worship, educational facility, or any other private nonprofit facility, shall be eligible for contributions under paragraph',
857:'1b, without regard to the religious character of the facility or the primary religious use of the facility. no house',
858:'of worship, educational facility, or any other private nonprofit facility may be excluded from receiving contributions under paragraph 1 b',
859:'because leadership or membership in the organization operating the house of worship is limited to persons who share a religious',
860:'faith or practice. 4 notification to congress before making any contribution under this section in an amount greater than $20,000,000,',
861:'the president shall notify— a the committee on environment and public works of the senate; b the committee on transportation',
862:'and infrastructure of the house of representatives; c the committee on appropriations of the senate; and d the committee on',
863:'appropriations of the house of representatives. b federal share 1 minimum federal share except as provided in paragraph 2, the',
864:'federal share of assistance under this section shall be not less than 75 percent of the eligible cost of repair,',
865:'restoration, reconstruction, or replacement carried out under this section. 2 reduced federal share the president shall promulgate regulations to reduce',
866:'the federal share of assistance under this section to not less than 25 percent in the case of the repair,',
867:'restoration, reconstruction, or replacement of any eligible public facility or private nonprofit facility following an event associated with a major',
868:'disaster a that has been damaged, on more than one occasion within the preceding 10year period, by the same type',
869:'of event; and b the owner of which has failed to implement appropriate mitigation measures to address the hazard that',
870:'caused the damage to the facility. 3 increased federal share a incentive measures the president may provide incentives to a',
871:'state or tribal government to invest in measures that increase readiness for, and resilience from, a major disaster by recognizing',
872:'such investments through a sliding scale that increases the minimum federal share to 85 percent. such measures may include i',
873:'the adoption of a mitigation plan approved under section 322; ii investments in disaster relief, insurance, and emergency management stafford',
874:'act title iv § 406 this paragraph is not effective until fema issues implementing regulations. programs; iii encouraging the adoption',
875:'and enforcement of the latest published editions of relevant consensusbased codes, specifications, and standards that incorporate the latest hazardresistant designs',
876:'and establish minimum acceptable criteria for the design, construction, and maintenance of residential structures and facilities that may be eligible',
877:'for assistance under this act for the purpose of protecting the health, safety, and general welfare of the buildings’ users',
878:'against disasters; iv facilitating participation in the community rating system; and v funding mitigation projects or granting tax incentives for',
879:'projects that reduce risk. b comprehensive guidance not later than 1 year after the date of enactment of this paragraph,',
880:'the president, acting through the administrator, shall issue comprehensive guidance to state and tribal governments regarding the measures and investments,',
881:'weighted appropriately based on actuarial assessments of eligible actions, that will be recognized for the purpose of increasing the federal',
882:'share under this section. guidance shall ensure that the agency’s review of eligible measures and investments does not unduly delay',
883:'determining the appropriate federal cost share. c report one year after the issuance of the guidance required by subparagraph b,',
884:'the administrator shall submit to the committee on transportation and infrastructure of the house of representatives and the committee on',
885:'homeland security and governmental affairs of the senate a report regarding the analysis of the federal cost shares paid under',
886:'this section. d savings clause nothing in this paragraph prevents the president from increasing the federal cost share above 85',
887:'percent. c large inlieu contributions 1 for public facilities a in general in any case in which a state or',
888:'local government determines that the public welfare would not best be served by repairing, restoring, reconstructing, or replacing any public',
889:'facility owned or controlled by the state or local government, the state or local government may elect to receive, in',
890:'lieu of a contribution under subsection a1a of this section, a contribution in an amount equal to the federal share',
891:'of the federal estimate of the cost of repairing, restoring, reconstructing, or replacing the facility and of management expenses. b',
892:'use of funds funds contributed to a state or local government under this paragraph may be used i to repair,',
893:'restore, or expand other selected public facilities; ii to construct new facilities; or stafford act title iv § 406 iii',
894:'to fund hazard mitigation measures that the state or local government determines to be necessary to meet a need for',
895:'governmental services and functions in the area affected by the major disaster. c limitations funds made available to a state',
896:'or local government under this paragraph may not be used for i any public facility located in a regulatory floodway',
897:'as defined in section 59.1 of title 44, code of federal regulations or a successor regulation; or ii any uninsured',
898:'public facility located in a special flood hazard area identified by the administrator of [fema] under the national flood insurance',
899:'act of 1968 42 u.s.c. 4001 et seq.. 2 for private nonprofit facilities a in general in any case in',
900:'which a person that owns or operates a private nonprofit facility determines that the public welfare would not best be',
901:'served by repairing, restoring, reconstructing, or replacing the facility, the person may elect to receive, in lieu of a contribution',
902:'under subsection a1b, a contribution in an amount equal to the federal share of the federal estimate of the cost',
903:'of repairing, restoring, reconstructing, or replacing the facility and of management expenses. b use of funds funds contributed to a',
904:'person under this paragraph may be used i to repair, restore, or expand other selected private nonprofit facilities owned or',
905:'operated by the person; ii to construct new private nonprofit facilities to be owned or operated by the person; or',
906:'iii to fund hazard mitigation measures that the person determines to be necessary to meet a need for the person’s',
907:'services and functions in the area affected by the major disaster. c limitations funds made available to a person under',
908:'this paragraph may not be used for i any private nonprofit facility located in a regulatory floodway as defined in',
909:'section 59.1 of title 44, code of federal regulations or a successor regulation; or ii any uninsured private nonprofit facility',
910:'located in a special flood hazard area identified by the administrator of [fema] under the national flood insurance act of',
911:'1968 42 u.s.c. 4001 et seq.. d flood insurance 1 reduction of federal assistance if a public facility or private',
912:'nonprofit facility located in a special flood hazard area identified for more than 1 year by the administrator pursuant to',
913:'the national flood insurance act of 1968 42 u.s.c. stafford act title iv § 406 4001 et seq. is damaged',
914:'or destroyed, after the 180th day following november 23, 1988, by flooding in a major disaster and such facility is',
915:'not covered on the date of such flooding by flood insurance, the federal assistance which would otherwise be available under',
916:'this section with respect to repair, restoration, reconstruction, and replacement of such facility and associated expenses shall be reduced in',
917:'accordance with paragraph 2. this section shall not apply to more than one building of a multistructure educational, law enforcement,',
918:'correctional, fire, or medical campus, for any major disaster or emergency declared by the president under section 401 or 501,',
919:'respectively, of the [stafford act] 42 u.s.c. 5170, 5191 on or after january 1, 2016 through december 31, 2018. 2',
920:'amount of reduction the amount of a reduction in federal assistance under this section with respect to a facility shall',
921:'be the lesser of a the value of such facility on the date of the flood damage or destruction, or',
922:'b the maximum amount of insurance proceeds which would have been payable with respect to such facility if such facility',
923:'had been covered by flood insurance under the national flood insurance act of 1968 on such date. 3 exception paragraphs',
924:'1 and 2 shall not apply to a private nonprofit facility which is not covered by flood insurance solely because',
925:'of the local government’s failure to participate in the flood insurance program established by the national flood insurance act. 4',
926:'dissemination of information the president shall disseminate information regarding the reduction in federal assistance provided for by this subsection to',
927:'state and local governments and the owners and operators of private nonprofit facilities who may be affected by such a',
928:'reduction. e eligible cost – 1 determination – a in general – for the purposes of this section, for disasters',
929:'declared on or after august 1, 2017, or a disaster in which a cost estimate has not yet been finalized',
930:'for a project, or for any project for which the finalized estimate is on appeal, the president shall estimate the',
931:'eligible cost of repairing, restoring, reconstructing, or replacing a public facility or private nonprofit facility— i on the basis of',
932:'the design of the facility as the facility existed immediately before the major disaster; ii in conformity with the latest',
933:'published editions of relevant consensus based codes, specifications, and standards that incorporate the latest hazardresistant designs and establish minimum acceptable',
934:'criteria for the design, construction, and maintenance of residential structures and facilities that may be eligible for assistance under this',
935:'act for the purposes of protecting the health, safety, and general welfare of the facility’s users against disasters including floodplain',
936:'management and hazard mitigation criteria required by the president or under the coastal barrier resources act 16 u.s.c. 3501 et',
937:'seq. ; and stafford act title iv § 406 iii in a manner that allows the facility to meet the',
938:'definition of resilient developed pursuant to this subsection. b cost estimation procedures – i in general – subject to paragraph',
939:'2, the president shall use the cost estimation procedures established under paragraph 3 to determine the eligible cost under this',
940:'subsection. ii applicability – the procedures specified in this paragraph and paragraph 2 shall apply only to projects the eligible',
941:'cost of which is equal to or greater than the amount specified in section 5189 of this title [section 422].',
942:'c contributions – contributions for the eligible cost made under this section may be provided on an actual cost basis',
943:'or on costestimation procedures. note: subsection e2 is not effective until the regulations required under subsection e3 are published. 2',
944:'modification of eligible cost a actual cost greater than ceiling percentage of estimated cost in any case in which the',
945:'actual cost of repairing, restoring, reconstructing, or replacing a facility under this section is greater than the ceiling percentage established',
946:'under paragraph 3 of the cost estimated under paragraph 1, the president may determine that the eligible cost includes a',
947:'portion of the actual cost of the repair, restoration, reconstruction, or replacement that exceeds the cost estimated under paragraph 1.',
948:'b actual cost less than estimated cost i greater than or equal to floor percentage of estimated cost in any',
949:'case in which the actual cost of repairing, restoring, reconstructing, or replacing a facility under this section is less than',
950:'100 percent of the cost estimated under paragraph 1, but is greater than or equal to the floor percentage established',
951:'under paragraph 3 of the cost estimated under paragraph 1, the state or local government or person receiving funds under',
952:'this section shall use the excess funds to carry out costeffective activities that reduce the risk of future damage, hardship,',
953:'or suffering from a major disaster. ii less than floor percentage of estimated cost in any case in which the',
954:'actual cost of repairing, restoring, reconstructing, or replacing a facility under this section is less than the floor percentage established',
955:'under paragraph 3 of the cost estimated under paragraph 1, the state or local government or person receiving assistance under',
956:'this section shall reimburse the president in the amount of the difference. stafford act title iv § 406 subsection e1aiii',
957:'is not effective until fema issues regulations required by subsection e5a. cost estimation procedures are not effective until fema issues',
958:'regulations required by subsection e3. c no effect on appeals process nothing in this paragraph affects any right of appeal',
959:'under section 5189a of this title [section 423]. 3 expert panel a establishment not later than 18 months after october',
960:'30, 2000, the president, acting through the administrator of [fema], shall establish an expert panel, which shall include representatives from',
961:'the construction industry and state and local government. b duties the expert panel shall develop recommendations concerning i procedures for',
962:'estimating the cost of repairing, restoring, reconstructing, or replacing a facility consistent with industry practices; and ii the ceiling and',
963:'floor percentages referred to in paragraph 2. c regulations taking into account the recommendations of the expert panel under subparagraph',
964:'b, the president shall promulgate regulations that establish i cost estimation procedures described in subparagraph bi; and ii the ceiling',
965:'and floor percentages referred to in paragraph 2. d review by president not later than 2 years after the date',
966:'of promulgation of regulations under subparagraph c and periodically thereafter, the president shall review the cost estimation procedures and the',
967:'ceiling and floor percentages established under this paragraph. e report to congress not later than 1 year after the date',
968:'of promulgation of regulations under subparagraph c, 3 years after that date, and at the end of each 2year period',
969:'thereafter, the expert panel shall submit to congress a report on the appropriateness of the cost estimation procedures. 4 special',
970:'rule in any case in which the facility being repaired, restored, reconstructed, or replaced under this section was under construction',
971:'on the date of the major disaster, the cost of repairing, restoring, reconstructing, or replacing the facility shall include, for',
972:'the purposes of this section, only those costs that, under the contract for the construction, are the owner’s responsibility and',
973:'not the contractor’s responsibility. 5 new rules— a in general not later than [april 5, 2020], the president, acting through',
974:'the administrator of [fema], and in consultation with the heads of relevant federal departments and agencies, shall issue a final',
975:'rulemaking that defines the terms “resilient” and “resiliency” for purposes of this subsection. b interim guidance not later than [dec.',
976:'4, 2018], the administrator shall issue interim guidance to implement this subsection. such interim guidance shall expire 18 months after',
977:'the date of enactment of this paragraph or upon issuance of final regulations pursuant to subparagraph a, whichever occurs first.',
978:'stafford act title iv § 406 c guidance not later than 90 days after the date on which the administrator',
979:'issues the final rulemaking under this paragraph, the administrator shall issue any necessary guidance related to the rulemaking. d report',
980:'not later than [oct. 5, 2020], the administrator shall submit to congress a report summarizing the regulations and guidance issued',
981:'pursuant to this paragraph. sec. 407. debris removal 42 u.s.c. 5173 a presidential authority the president, whenever he determines it',
982:'to be in the public interest, is authorized 1 through the use of federal departments, agencies, and instrumentalities, to clear',
983:'debris and wreckage resulting from a major disaster from publicly and privately owned lands and waters; and 2 to make',
984:'grants to any state or local government or owner or operator of a private nonprofit facility for the purpose of',
985:'removing debris or wreckage resulting from a major disaster from publicly or privately owned lands and waters. b authorization by',
986:'state or local government; indemnification agreement no authority under this section shall be exercised unless the affected state or local',
987:'government shall first arrange an unconditional authorization for removal of such debris or wreckage from public and private property, and,',
988:'in the case of removal of debris or wreckage from private property, shall first agree to indemnify the federal government',
989:'against any claim arising from such removal. c rules relating to large lots the president shall issue rules which provide',
990:'for recognition of differences existing among urban, suburban, and rural lands in implementation of this section so as to facilitate',
991:'adequate removal of debris and wreckage from large lots. d federal share the federal share of assistance under this section',
992:'shall be not less than 75 percent of the eligible cost of debris and wreckage removal carried out under this',
993:'section. e expedited payments 1 grant assistance – in making a grant under subsection a2, the president shall provide not',
994:'less than 50 percent of the president’s initial estimate of the federal share of assistance as an initial payment in',
995:'accordance with paragraph 2. 2 date of payment – not later than 60 days after the date of the estimate',
996:'described in paragraph 1 and not later than 90 days after the date on which the state or local government',
997:'or owner or operator of a private nonprofit facility applies for assistance under this section, an initial payment described in',
998:'paragraph 1 shall be paid. sec. 408. federal assistance to individuals and households 42 u.s.c. 5174 a in general 1',
999:'provision of assistance in accordance with this section, the president, in stafford act title iv §§ 406408 consultation with the',
1000:'governor of a state, may provide financial assistance, and, if necessary, direct services, to individuals and households in the state',
1001:'who, as a direct result of a major disaster, have necessary expenses and serious needs in cases in which the',
1002:'individuals and households are unable to meet such expenses or needs through other means. 2 relationship to other assistance under',
1003:'paragraph 1, an individual or household shall not be denied assistance under paragraph 1, 3, or 4 of subsection c',
1004:'of this section solely on the basis that the individual or household has not applied for or received any loan',
1005:'or other financial assistance from the small business administration or any other federal agency. b housing assistance 1 eligibility the',
1006:'president may provide financial or other assistance under this section to individuals and households to respond to the disasterrelated housing',
1007:'needs of individuals and households who are displaced from their predisaster primary residences or whose predisaster primary residences are rendered',
1008:'uninhabitable, or with respect to individuals with disabilities, rendered inaccessible or uninhabitable, as a result of damage caused by a',
1009:'major disaster. 2 determination of appropriate types of assistance a in general the president shall determine appropriate types of housing',
1010:'assistance to be provided under this section to individuals and households described in subsection a1 based on considerations of cost',
1011:'effectiveness, convenience to the individuals and households, and such other factors as the president may consider appropriate. b multiple types',
1012:'of assistance one or more types of housing assistance may be made available under this section, based on the suitability',
1013:'and availability of the types of assistance, to meet the needs of individuals and households in the particular disaster situation.',
1014:'c types of housing assistance stafford act title iv § 408 sec. 1216 of drra provides debt waiver authority as',
1015:'follows: “a waiver authority.—1 definition.—in this subsection, the term ‘‘covered assistance’’ means assistance provided—a under section 408 of the [stafford',
1016:'act] 42 u.s.c. 5174; and b in relation to a major disaster or emergency declared by the president under section',
1017:'401 or 501, respectively, of the [stafford act] 42 u.s.c. 5170, 5191 on or after october 28, 2012. 2 authority.',
1018:'notwithstanding section 3716e of title 31, united states code, the administrator—a subject to subparagraph b, may waive a debt owed',
1019:'to the united states related to covered assistance provided to an individual or household if—i the covered assistance was distributed',
1020:'based on an error by the agency; ii there was no fault on behalf of the debtor; and iii the',
1021:'collection of the debt would be against equity and good conscience; and b may not waive a debt under subparagraph',
1022:'a if the debt involves fraud, the presentation of a false claim, or misrepresentation by the debtor or any party',
1023:'having an interest in the claim.” this waiver authority will not apply to any major disaster or emergency declared after',
1024:'the oig publishes a determination of excessive error rate. sec. 1216b1 of drra provides “notwithstanding [31 u.s.c. 3716e] and unless',
1025:'there is evidence of civil or criminal fraud, the agency may not take any action to recoup covered assistance from',
1026:'the recipient of such assistance if the receipt of such assistance occurred on a date that is more than 3',
1027:'years before the date on which the agency first provides to the recipient written notification of an intent to recoup.”',
1028:'1 temporary housing a financial assistance i in general the president may provide financial assistance to individuals or households to',
1029:'rent alternate housing accommodations, existing rental units, manufactured housing, recreational vehicles, or other readily fabricated dwellings. such assistance may include',
1030:'the payment of the cost of utilities, excluding telephone service. ii amount the amount of assistance under clause i shall',
1031:'be based on the fair market rent for the accommodation provided plus the cost of any transportation, utility hookups, security',
1032:'deposits, or unit installation not provided directly by the president. b direct assistance i in general the president may provide',
1033:'temporary housing units, acquired by purchase or lease, directly to individuals or households who, because of a lack of available',
1034:'housing resources, would be unable to make use of the assistance provided under subparagraph a. ii lease and repair of',
1035:'rental units for temporary housing i in general the president, to the extent the president determines it would be a',
1036:'costeffective alternative to other temporary housing options, may aa enter into lease agreements with owners of multifamily rental property impacted',
1037:'by a major disaster or located in areas covered by a major disaster declaration to house individuals and households eligible',
1038:'for assistance under this section; and bb make repairs or improvements to properties under such lease agreements, to the extent',
1039:'necessary to serve as safe and adequate temporary housing. ii improvements or repairs under the terms of any lease agreement',
1040:'for property entered into under this subsection, the value of the improvements or repairs shall be deducted from the value',
1041:'of the lease agreement. iii period of assistance the president may not provide direct assistance under clause i with respect',
1042:'to a major disaster after the end of the 18month period beginning on the date of the declaration of the',
1043:'major disaster by the president, except that the president may extend that period if the president determines that due to',
1044:'extraordinary circumstances an extension would be in the public interest. iv collection of rental charges after the end of the',
1045:'18month period referred to in clause iii, the president may charge fair market rent for each temporary housing unit provided.',
1046:'stafford act title iv § 408 2 repairs a in general the president may provide financial assistance for i the',
1047:'repair of owneroccupied private residences, utilities, and residential infrastructure such as a private access route damaged by a major disaster',
1048:'to a safe and sanitary living or functioning condition; and ii eligible hazard mitigation measures that reduce the likelihood of',
1049:'future damage to such residences, utilities, or infrastructure. b relationship to other assistance a recipient of assistance provided under this',
1050:'paragraph shall not be required to show that the assistance can be met through other means, except insurance proceeds. 3',
1051:'replacement a in general the president may provide financial assistance for the replacement of owneroccupied private residences damaged by a',
1052:'major disaster. b applicability of flood insurance requirement with respect to assistance provided under this paragraph, the president may not',
1053:'waive any provision of federal law requiring the purchase of flood insurance as a condition of the receipt of federal',
1054:'disaster assistance. 4 permanent housing construction the president may provide financial assistance or direct assistance to individuals or households to',
1055:'construct permanent or semi permanent housing in insular areas outside the continental united states and in other locations in cases',
1056:'in which a no alternative housing resources are available; and b the types of temporary housing assistance described in paragraph',
1057:'1 are unavailable, infeasible, or not costeffective. d terms and conditions relating to housing assistance 1 sites a in general',
1058:'any readily fabricated dwelling provided under this section shall, whenever practicable, be located on a site that i is complete',
1059:'with utilities; ii meets the physical accessibility requirements for individuals with disabilities; and iii is provided by the state or',
1060:'local government, by the owner of the site, or by the occupant who was displaced by the major disaster. b',
1061:'sites provided by the president a readily fabricated dwelling may be located on a site provided by the president if',
1062:'the president determines that such a site would be more economical or accessible. 2 disposal of units a sale to',
1063:'occupants stafford act title iv § 408 i in general notwithstanding any other provision of law, a temporary housing unit',
1064:'purchased under this section by the president for the purpose of housing disaster victims may be sold directly to the',
1065:'individual or household who is occupying the unit if the individual or household lacks permanent housing. ii sale price a',
1066:'sale of a temporary housing unit under clause i shall be at a price that is fair and equitable. iii',
1067:'deposit of proceeds notwithstanding any other provision of law, the proceeds of a sale under clause i shall be deposited',
1068:'in the appropriate disaster relief fund account. iv hazard and flood insurance a sale of a temporary housing unit under',
1069:'clause i shall be made on the condition that the individual or household purchasing the housing unit agrees to obtain',
1070:'and maintain hazard and flood insurance on the housing unit. v use of gsa services the president may use the',
1071:'services of the general services administration to accomplish a sale under clause i. b other methods of disposal if not',
1072:'disposed of under subparagraph a, a temporary housing unit purchased under this section by the president for the purpose of',
1073:'housing disaster victims i may be sold to any person; or ii may be sold, transferred, donated, or otherwise made',
1074:'available directly to a state or other governmental entity or to a voluntary organization for the sole purpose of providing',
1075:'temporary housing to disaster victims in major disasters and emergencies if, as a condition of the sale, transfer, or donation,',
1076:'the state, other governmental agency, or voluntary organization agrees i to comply with the nondiscrimination provisions of section 5151 of',
1077:'this title [section 308]; and ii to obtain and maintain hazard and flood insurance on the housing unit. e financial',
1078:'assistance to address other needs 1 medical, dental, child care, and funeral expenses the president, in consultation with the governor',
1079:'of a state, may provide financial assistance under this section to an individual or household in the state who is',
1080:'adversely affected by a major disaster to meet disasterrelated medical, dental, child care, and funeral expenses. 2 personal property, transportation,',
1081:'and other expenses the president, in consultation with the governor of a state, may provide financial assistance under stafford act',
1082:'title iv § 408 sec. 1238 of drra provides that, notwithstanding section 1 of the passport act of 1920 or',
1083:'any other provision of law, the president, in consultation with the governor of a state, may waive document replacement fees',
1084:'as specified in that provision for an individual or household described in sec. 408e1. this assistance is not subject to',
1085:'assistance limits in sec. 408h. this section to an individual or household described in paragraph 1 to address personal property,',
1086:'transportation, and other necessary expenses or serious needs resulting from the major disaster. f state role 1 state or indian',
1087:'tribal governmentadministered assistance and other needs assistance a grant to state subject to subsection g of this section, a governor',
1088:'may request a grant from the president to provide assistance to individuals and households in the state under subsections c1b,',
1089:'c4, and e if the president and the state or indian tribal government comply, as determined by the administrator, with',
1090:'paragraph 3 of this section. b administrative costs a state that receives a grant under subparagraph a may expend not',
1091:'more than 5 percent of the amount of the grant for the administrative costs of providing assistance to individuals and',
1092:'households in the state under subsections c1b, c4, and e of this section. 2 access to records in providing assistance',
1093:'to individuals and households under this section, the president shall provide for the substantial and ongoing involvement of the states',
1094:'in which the individuals and households are located, including by providing to the states access to the electronic records of',
1095:'individuals and households receiving assistance under this section in order for the states to make available any additional state and',
1096:'local assistance to the individuals and households. 3 requirements a application a state or indian tribal government desiring to provide',
1097:'assistance under subsection c1b, c4, or e shall submit to the president an application for a grant to provide financial',
1098:'assistance under the program. b criteria the president, in consultation and coordination with state and indian tribal governments, shall establish',
1099:'criteria for the approval of applications submitted under subparagraph a. the criteria shall include, at a minimum— i a requirement',
1100:'that the state or indian tribal government submit a housing strategy under subparagraph c; ii the demonstrated ability of the',
1101:'state or indian tribal government to manage the program under this section; iii there being in effect a plan approved',
1102:'by the president as to how the state or indian tribal government will comply with applicable federal stafford act title',
1103:'iv § 408 sec. 1211b of drra provides that fema shall reimburse state and local units of government “for requests',
1104:'received within a period of 3 years after the declaration of a major disaster” upon a determination that a locally',
1105:'implemented housing solution, implemented by state or local units of government: 1 costs 50 percent of comparable fema solution or',
1106:'whatever the locally implemented solution costs, whichever is lower; 2 complies with local housing regulations and ordinances; and 3 the',
1107:'housing solution was implemented within 90 days of the disaster. laws and regulations and how the state or indian tribal',
1108:'government will provide assistance under its plan; iv a requirement that the state or indian tribal government comply with rules',
1109:'and regulations established pursuant to subsection j; and v a requirement that the president, or the designee of the president,',
1110:'comply with subsection i. c requirement of housing strategy i in general—a state or indian tribal government submitting an application',
1111:'under this paragraph shall have an approved housing strategy, which shall be developed and submitted to the president for approval.',
1112:'ii requirements—the housing strategy required under clause i shall— i outline the approach of the state in working with federal',
1113:'partners, indian tribal governments, local communities, nongovernmental organizations, and individual disaster survivors to meet disaster related sheltering and housing needs;',
1114:'and ii include the establishment of an activation plan for a state disaster housing task force, as outlined in the',
1115:'national disaster housing strategy, to bring together state, tribal, local, federal, nongovernmental, and private sector expertise to evaluate housing requirements,',
1116:'consider potential solutions, recognize special needs populations, and propose recommendations. d quality assurance before approving an application submitted under this',
1117:'section, the president, or the designee of the president, shall institute adequate policies, procedures, and internal controls to prevent waste,',
1118:'fraud, abuse, and program mismanagement for this program and for programs under subsections c1b, c4, and e. the president shall',
1119:'monitor and conduct quality assurance activities on a state or indian tribal govern ment’s implementation of programs under subsections c1b,',
1120:'c4, and e. if, after approving an application of a state or indian tribal government submitted under this paragraph, the',
1121:'president determines that the state or indian tribal government is not administering the program established by this section in a',
1122:'manner satisfactory to the president, the president shall withdraw the approval. e audits the inspector general of the department of',
1123:'homeland security shall provide for periodic audits of the programs administered by states and indian tribal governments under this subsection.',
1124:'f applicable laws all federal laws applicable to the management, administration, or contracting of the programs by [fema] under this',
1125:'section shall be applicable to the management, administration, or contracting by a nonfederal entity under this section. g report on',
1126:'effectiveness not later than 18 months after the date of enactment of this paragraph, the inspector general of the department',
1127:'of stafford act title iv § 408 homeland security shall submit a report to the committee on homeland security and',
1128:'governmental affairs of the senate and the committee on transportation and infrastructure of the house of representatives on the state',
1129:'or indian tribal government’s role to provide assistance under this section. the report shall contain an assessment of the effectiveness',
1130:'of the state or indian tribal government’s role in providing assistance under this section, including— i whether the state or',
1131:'indian tribal government’s role helped to improve the general speed of disaster recovery; ii whether the state or indian tribal',
1132:'government providing assistance under this section had the capacity to administer this section; and iii recommendations for changes to improve',
1133:'the program if the state or indian tribal government’s role to administer the programs should be continued. h report on',
1134:'incentives—not later than 12 months after the date of enactment of this paragraph, the administrator of [fema] shall submit a',
1135:'report to the committee on homeland security and governmental affairs of the senate and the committee on transportation and infrastructure',
1136:'of the house of representatives on a potential incentive structure for awards made under this section to encourage participation by',
1137:'eligible states and indian tribal governments. in developing this report, the administrator of [fema] shall consult with state, local, and',
1138:'indian tribal entities to gain their input on any such incentive structure to encourage participation and shall include this information',
1139:'in the report. this report should address, among other options, potential adjustments to the costshare requirement and management costs to',
1140:'state and indian tribal governments. i prohibition the president may not condition the provision of federal assistance under this act',
1141:'on a state or indian tribal government requesting a grant under this section. j miscellaneous i notice and comment the',
1142:'administrator of [fema] may waive notice and comment rulemaking with respect to rules to carry out this section, if the',
1143:'administrator determines doing so is necessary to expeditiously implement this section, and may carry out this section as a pilot',
1144:'program until such regulations are promulgated. ii final rule not later than 2 years after the date of enactment of',
1145:'this paragraph, the administrator of [fema] shall issue final regulations to implement this subsection as amended by [drra]. iii waiver',
1146:'and expiration the authority under clause i and any pilot program implemented pursuant to such clause shall expire 2 years',
1147:'after the date of enactment of this paragraph or upon issuance of final regulations pursuant to clause ii, whichever occurs',
1148:'sooner. g cost sharing stafford act title iv § 408 1 federal share except as provided in paragraph 2, the',
1149:'federal share of the costs eligible to be paid using assistance provided under this section shall be 100 percent. 2',
1150:'financial assistance to address other needs in the case of financial assistance provided under subsection e of this section a',
1151:'the federal share shall be 75 percent; and b the nonfederal share shall be paid from funds made available by',
1152:'the state. h maximum amount of assistance 1 in general no individual or household shall receive financial assistance greater than',
1153:'$25,000 under this section with respect to a single major disaster, excluding financial assistance to rent alternate housing accommodations under',
1154:'subsection c1ai and financial assistance to address other needs under subsection e. 2 other needs assistance the maximum financial assistance',
1155:'any individual or household may receive under subsection e shall be equivalent to the amount set forth in paragraph 1',
1156:'with respect to a single major disaster. 3 adjustment of limit the limit established under paragraphs 1 and 2 shall',
1157:'be adjusted annually to reflect changes in the consumer price index for all urban consumers published by the department of',
1158:'labor. 4 exclusion of necessary expenses for individuals with disabilities a in general the maximum amount of assistance established under',
1159:'paragraph 1 shall exclude expenses to repair or replace damaged accessibilityrelated improvements under paragraphs 2, 3, and 4 of subsection',
1160:'c for individuals with disabilities. b other needs assistance the maximum amount of assistance established under paragraph 2 shall exclude',
1161:'expenses to repair or replace accessibility related personal property under subsection e2 for individuals with disabilities. i verification measures in',
1162:'carrying out this section, the president shall develop a system, including an electronic database, that shall allow the president, or',
1163:'the designee of the president, to 1 verify the identity and address of recipients of assistance under this section to',
1164:'provide reasonable assurance that payments are made only to an individual or household that is eligible for such assistance; 2',
1165:'minimize the risk of making duplicative payments or payments for fraudulent claims under this section; 3 collect any duplicate payment',
1166:'on a claim under this section, or reduce the amount of subsequent payments to offset the amount of any such',
1167:'duplicate payment; 4 provide instructions to recipients of assistance under this section regarding the proper use of any such assistance,',
1168:'regardless of how such assistance is distributed; and 5 conduct an expedited and simplified review and appeal process for an',
1169:'individual stafford act title iv § 408 or household whose application for assistance under this section is denied. j rules',
1170:'and regulations the president shall prescribe rules and regulations to carry out this section, including criteria, standards, and procedures for',
1171:'determining eligibility for assistance. sec. 410. unemployment assistance 42 u.s.c. 5177 a benefit assistance the president is authorized to provide',
1172:'to any individual unemployed as a result of a major disaster such benefit assistance as he deems appropriate while such',
1173:'individual is unemployed for the weeks of such unemployment with respect to which the individual is not entitled to any',
1174:'other unemployment compensation as that term is defined in [the internal revenue code of 1986, 26 u.s.c. § 85b] or',
1175:'a waiting period credit. such assistance as the president shall provide shall be available to an individual as long as',
1176:'the individual’s unemployment caused by the major disaster continues or until the individual is reemployed in a suitable position, but',
1177:'no longer than 26 weeks after the major disaster is declared. such assistance for a week of unemployment shall not',
1178:'exceed the maximum weekly amount authorized under the unemployment compensation law of the state in which the disaster occurred. the',
1179:'president is directed to provide such assistance through agreements with states which, in his judgment, have an adequate system for',
1180:'administering such assistance through existing state agencies. b reemployment assistance 1 state assistance a state shall provide, without reimbursement from',
1181:'any funds provided under this act, reemployment assistance services under any other law administered by the state to individuals receiving',
1182:'benefits under this section. 2 federal assistance the president may provide reemployment assistance services under other laws to individuals who',
1183:'are unemployed as a result of a major disaster and who reside in a state which does not provide such',
1184:'services. emergency grants to assist lowincome migrant and seasonal farmworkers 42 u.s.c. 5177a a in general the secretary of agriculture',
1185:'may make grants to public agencies or private organizations with tax exempt status under section 501c3 of title 26, that',
1186:'have experience in providing emergency services to lowincome migrant and seasonal farmworkers where the secretary determines that a local, state',
1187:'or national emergency or disaster has caused lowincome migrant or seasonal farmworkers to lose income, to be unable to work,',
1188:'or to stay home or return home in anticipation of work shortages. emergency services to be provided with assistance received',
1189:'under this section may include such types of assistance as the secretary of agriculture determines to be necessary and appropriate.',
1190:'b “lowincome migrant or seasonal farmworker” defined for the purposes of this section, the term “lowincome migrant or seasonal farmworker”',
1191:'means an individual 1 who has, during any consecutive 12 month period within the preceding 24 month period, performed farm',
1192:'work for wages; stafford act title iv §§ 408410, 42 u.s.c. § 5177a this section was enacted as part of',
1193:'the food, agriculture, conservation, and trade act of 1990. 2 who has received not less than onehalf of such individual’s',
1194:'total income, or been employed at least onehalf of total work time in farm work; and 3 whose annual family',
1195:'income within the 12 month period referred to in paragraph 1 does not exceed the higher of the poverty level',
1196:'or 70 percent of the lower living standard income level. c authorization of appropriations there are authorized to be appropriated',
1197:'such sums as may be necessary to carry out this section. sec. 412. benefits and distribution 42 u.s.c. 5179 a',
1198:'persons eligible; terms and conditions whenever the president determines that, as a result of a major disaster, lowincome households are',
1199:'unable to purchase adequate amounts of nutritious food, he is authorized, under such terms and conditions as he may prescribe,',
1200:'to distribute through the secretary of agriculture or other appropriate agencies benefit allotments to such households pursuant to the provisions',
1201:'of the food and nutrition act of 2008 of 1964 p.l. 91671; 84 stat. 2048 [7 u.s.c. 2011 et seq.]',
1202:'and to make surplus commodities available pursuant to the provisions of this act. b duration of assistance; factors considered the',
1203:'president, through the secretary of agriculture or other appropriate agencies, is authorized to continue to make such benefit allotments and',
1204:'surplus commodities available to such households for so long as he determines necessary, taking into consideration such factors as he',
1205:'deems appropriate, including the consequences of the major disaster on the earning power of the households, to which assistance is',
1206:'made available under this section. c food and nutrition act provisions unaffected nothing in this section shall be construed as',
1207:'amending or otherwise changing the provisions of the food and nutrition act of 2008 of 1964 [7 u.s.c. 2011 et',
1208:'seq.] except as they relate to the availability of supplemental nutrition assistance program benefits in an area affected by a',
1209:'major disaster. sec. 413. food commodities 42 u.s.c. 5180 a emergency mass feeding the president is authorized and directed to',
1210:'assure that adequate stocks of food will be ready and conveniently available for emergency mass feeding or distribution in any',
1211:'area of the united states which suffers a major disaster or emergency. b funds for purchase of food commodities the',
1212:'secretary of agriculture shall utilize funds appropriated under section 612c of title 7, to purchase food commodities necessary to provide',
1213:'adequate supplies for use in any area of the united states in the event of a major disaster or emergency',
1214:'in such area. sec. 414. relocation assistance 42 u.s.c. 5181 notwithstanding any other provision of law, no person otherwise eligible',
1215:'for any kind of replacement housing payment under the uniform relocation assistance and real property acquisition policies act of 1970',
1216:'p.l. 91646 [42 u.s.c. 4601 et seq.] shall be denied such stafford act title iv 42 u.s.c. § 5177a, §§',
1217:'412414 typographical error in original. eligibility as a result of his being unable, because of a major disaster as determined',
1218:'by the president, to meet the occupancy requirements set by such act. sec. 415. legal services 42 u.s.c. 5182 whenever',
1219:'the president determines that lowincome individuals are unable to secure legal services adequate to meet their needs as a consequence',
1220:'of a major disaster, consistent with the goals of the programs authorized by this act, the president shall assure that',
1221:'such programs are conducted with the advice and assistance of appropriate federal agencies and state and local bar associations. sec.',
1222:'416. crisis counseling assistance and training 42 u.s.c. 5183 the president is authorized to provide professional counseling services, including financial',
1223:'assistance to state or local agencies or private mental health organizations to provide such services or training of disaster workers,',
1224:'to victims of major disasters in order to relieve mental health problems caused or aggravated by such major disaster or',
1225:'its aftermath. sec. 417. community disaster loans 42 u.s.c. 5184 a in general the president is authorized to make loans',
1226:'to any local government which may suffer a substantial loss of tax and other revenues as a result of a',
1227:'major disaster, and has demonstrated a need for financial assistance in order to perform its governmental functions. b amount the',
1228:'amount of any such loan shall be based on need, shall not exceed 1 25 percent of the annual operating',
1229:'budget of that local government for the fiscal year in which the major disaster occurs, and shall not exceed $5,000,000;',
1230:'or 2 if the loss of tax and other revenues of the local government as a result of the major',
1231:'disaster is at least 75 percent of the annual operating budget of that local government for the fiscal year in',
1232:'which the major disaster occurs, 50 percent of the annual operating budget of that local government for the fiscal year',
1233:'in which the major disaster occurs, and shall not exceed $5,000,000. c repayment 1 cancellation repayment of all or any',
1234:'part of such loan to the extent that revenues of the local government during the three full fiscal year period',
1235:'following the major disaster are insufficient to meet the operating budget of the local government, including additional disasterrelated expenses of',
1236:'a municipal operation character shall be cancelled. 2 condition on continuing eligibility a local government shall not be eligible for',
1237:'further assistance under this section during any period in which the local government is in arrears with respect to a',
1238:'required repayment of a loan under this section. d effect on other assistance any loans made under this section shall',
1239:'not reduce or otherwise affect any grants or other assistance under this act. stafford act title iv §§ 414417 sec.',
1240:'418. emergency communications 42 u.s.c. 5185 the president is authorized during, or in anticipation of, an emergency or major disaster',
1241:'to establish temporary communications systems and to make such communications available to state and local government officials and other persons',
1242:'as he deems appropriate. sec. 419. emergency public transportation 42 u.s.c. 5186 the president is authorized to provide temporary public',
1243:'transportation service in an area affected by a major disaster to meet emergency needs and to provide transportation to governmental',
1244:'offices, supply centers, stores, post offices, schools, major employment centers, and such other places as may be necessary in order',
1245:'to enable the community to resume its normal pattern of life as soon as possible. sec. 420. fire management assistance',
1246:'42 u.s.c. 5187 a in general the president is authorized to provide assistance, including grants, equipment, supplies, and personnel, to',
1247:'any state or local government for the mitigation, management, and control of any fire on public or private forest land',
1248:'or grassland that threatens such destruction as would constitute a major disaster. b coordination with state and tribal departments of',
1249:'forestry in providing assistance under this section, the president shall coordinate with state and tribal departments of forestry. c essential',
1250:'assistance in providing assistance under this section, the president may use the authority provided under section 5170b of this title',
1251:'[section 403]. d hazard mitigation assistance whether or not a major disaster is declared, the president may provide hazard mitigation',
1252:'assistance in accordance with section 404 in any area affected by a fire for which assistance was provided under this',
1253:'section. e rules and regulations the president shall prescribe such rules and regulations as are necessary to carry out this',
1254:'section. sec. 421. timber sale contracts 42 u.s.c. 5188 a costsharing arrangement where an existing timber sale contract between the',
1255:'secretary of agriculture or the secretary of the interior and a timber purchaser does not provide relief from major physical',
1256:'change not due to negligence of the purchaser prior to approval of construction of any section of specified road or',
1257:'of any other specified development facility and, as a result of a major disaster, a major physical change results in',
1258:'additional construction work in connection with such road or facility by such purchaser with an estimated cost, as determined by',
1259:'the appropriate secretary, 1 of more than $ 1,000 for sales under one million board feet, 2 of more than',
1260:'$1 per thousand board feet for sales of one to three million board feet, or 3 of more than $3,000',
1261:'for sales over three million board feet, such increased construction cost shall be borne by the united states. b cancellation',
1262:'of authority if the appropriate secretary determines that damages are so great that restoration, reconstruction, or construction is not practical',
1263:'under the costsharing arrangement authorized by subsection a of this section, he may allow cancellation of a contract entered into',
1264:'by his department notwithstanding contrary stafford act title iv §§ 418421 provisions therein. c public notice of sale the secretary',
1265:'of agriculture is authorized to reduce to seven days the minimum period of advance public notice required by section 476',
1266:'of title 16 in connection with the sale of timber from national forests, whenever the secretary determines that 1 the',
1267:'sale of such timber will assist in the construction of any area of a state damaged by a major disaster,',
1268:'2 the sale of such timber will assist in sustaining the economy of such area, or 3 the sale of',
1269:'such timber is necessary to salvage the value of timber damaged in such major disaster or to protect undamaged timber.',
1270:'d state grants for removal of damaged timber; reimbursement of expenses limited to salvage value of removed timber the president,',
1271:'when he determines it to be in the public interest, is authorized to make grants to any state or local',
1272:'government for the purpose of removing from privately owned lands timber damaged as a result of a major disaster, and',
1273:'such state or local government is authorized upon application, to make payments out of such grants to any person for',
1274:'reimbursement of expenses actually incurred by such person in the removal of damaged timber, not to exceed the amount that',
1275:'such expenses exceed the salvage value of such timber. sec. 422. simplified procedure 42 u.s.c. 5189 a in general if',
1276:'the federal estimate of the cost of 1 repairing, restoring, reconstructing, or replacing under section 5172 of this title [section',
1277:'406] any damaged or destroyed public facility or private nonprofit facility, 2 emergency assistance under section 5170b or 5192 of',
1278:'this title [section 403 or 502], or 3 debris removed under section 5173 of this title [section 407], is less',
1279:'than $35,000 or, if the administrator has established a threshold under subsection b, the amount established under subsection b, the',
1280:'president on application of the state or local government or the owner or operator of the private nonprofit facility may',
1281:'make the contribution to such state or local government or owner or operator under section 5170b, 5172, 5173, or 5192',
1282:'of this title [section 403, 406, 407, or 502], as the case may be, on the basis of such federal',
1283:'estimate. such $35,000 amount or, if applicable, the amount established under subsection b, shall be adjusted annually to reflect changes',
1284:'in the consumer price index for all urban consumers published by the department of labor. b threshold 1 report not',
1285:'later than 1 year after january 29, 2013, the president, acting through the administrator of [fema] in this section referred',
1286:'to as the “administrator”, shall – a complete an analysis to determine whether an increase in the threshold for eligibility',
1287:'under subsection a is appropriate, which shall include consideration of costeffectiveness, speed of recovery, capacity of grantees, past performance, and',
1288:'accountability measures; and b submit to the committee on transportation and infrastructure of the stafford act title iv §§ 421422',
1289:'house of representatives and the committee on homeland security and governmental affairs of the senate a report regarding the analysis',
1290:'conducted under subparagraph a. 2 amount after the administrator submits the report required under paragraph 1, the president shall direct',
1291:'the administrator to a immediately establish a threshold for eligibility under this section in an appropriate count, without regard to',
1292:'chapter 5 of title 5; and b adjust the threshold annually to reflect changes in the consumer price index for',
1293:'all urban consumers published by the department of labor. 3 review not later than 3 years after the date on',
1294:'which the administrator establishes a threshold under paragraph 2, and every 3 years thereafter, the president, acting through the administrator,',
1295:'shall review the threshold for eligibility under this section. sec. 423. appeals of assistance decisions 42 u.s.c. 5189a a right',
1296:'of appeal any decision regarding eligibility for, from, or amount of assistance under this title may be appealed within 60',
1297:'days after the date on which the applicant for such assistance is notified of the award or denial of award',
1298:'of such assistance. b period for decision a decision regarding an appeal under subsection a of this section shall be',
1299:'rendered within 90 days after the date on which the federal official designated to administer such appeals receives notice of',
1300:'such appeal. c rules the president shall issue rules which provide for the fair and impartial consideration of appeals under',
1301:'this section. d right of arbitration 1 in general notwithstanding this section, an applicant for assistance under this title may',
1302:'request arbitration to dispute the eligibility for assistance or repayment of assistance provided for a dispute of more than $500,000',
1303:'for any disaster that occurred after january 1, 2016. such arbitration shall be conducted by the civilian board of contract',
1304:'appeals and the decision of such board shall be binding. 2 review the civilian board of contract appeals shall consider',
1305:'from the applicant all original and additional documentation, testimony, or other such evidence supporting the applicant’s position at any time',
1306:'during arbitration. 3 rural areas for an applicant for assistance in a rural area under this title, the assistance amount',
1307:'eligible for arbitration pursuant to this subsection shall be $100,000. 4 rural area defined for the purposes of this subsection,',
1308:'the term “rural area” means an area with a population of less than 200,000 outside an urbanized area. 5 eligibility',
1309:'to participate in arbitration under this subsection, an applicant— a shall submit the dispute to the arbitration process established under',
1310:'the authority granted under section 601 of public law 111–5; and stafford act title iv §§ 422423 section 476 of',
1311:'title 16 was repealed by pub. l. 94588, § 13, oct. 22, 1976, 90 stat. 2958. b may submit a',
1312:'request for arbitration after the completion of the first appeal under subsection a at any time before the administrator of',
1313:'[fema] has issued a final agency determination or 180 days after the administrator’s receipt of the appeal if the administrator',
1314:'has not provided the applicant with a final determination on the appeal. the applicant’s request shall contain documentation from the',
1315:'administrative record for the first appeal and may contain additional documentation supporting the applicant’s position. sec. 424. date of eligibility;',
1316:'expenses incurred before date of disaster 42 u.s.c. 5189b eligibility for federal assistance under this title shall begin on the',
1317:'date of the occurrence of the event which results in a declaration by the president that a major disaster exists;',
1318:'except that reasonable expenses which are incurred in anticipation of and immediately preceding such event may be eligible for federal',
1319:'assistance under this act. sec. 425. transportation assistance to individuals and households 42 u.s.c. 5189c the president may provide transportation',
1320:'assistance to relocate individuals displaced from their predisaster primary residences as a result of an incident declared under this act',
1321:'or otherwise transported from their predisaster primary residences under section 5170ba3 or 5192 of this title [sections 403a3 or 502],',
1322:'to and from alternative locations for short or longterm accommodation or to return an individual or household to their predisaster',
1323:'primary residence or alternative location, as determined necessary by the president. sec. 426. case management services 42 u.s.c. 5189d the',
1324:'president may provide case management services, including financial assistance, to state or local government agencies or qualified private organizations to',
1325:'provide such services, to victims of major disasters to identify and address unmet needs. sec. 427. essential service providers 42',
1326:'u.s.c. 5189e a definition in this section, the term “essential service provider” means an entity that 1 a provides i',
1327:'wireline or mobile telephone service, internet access service, radio or television broadcasting, cable service, or direct broadcast satellite service; ii',
1328:'electrical power; iii natural gas; iv water and sewer services; or v any other essential service, as determined by the',
1329:'president; or b is a tower owner or operator. 2 is a a municipal entity; stafford act title iv §§',
1330:'423427 b a nonprofit entity; or c a private, for profit entity; and 3 is contributing to efforts to respond',
1331:'to an emergency or major disaster. b authorization for accessibility unless exceptional circumstances apply, in an emergency or major disaster,',
1332:'the head of a federal agency, to the greatest extent practicable, shall not 1 deny or impede access to the',
1333:'disaster site to an essential service provider whose access is necessary to restore and repair an essential service; or 2',
1334:'impede the restoration or repair of the services described in subsection a1. c implementation in implementing this section, the head',
1335:'of a federal agency shall follow all applicable federal laws, regulation, and policies. sec. 428. public assistance program alternative procedures',
1336:'42 u.s.c. 5189f a approval of projects the president, acting through the administrator of [fema], may approve projects under the',
1337:'alternative procedures adopted under this section for any major disaster or emergency declared on or after january 29, 2013. the',
1338:'administrator may also apply the alternate procedures adopted under this section to a major disaster or emergency declared before [jan.',
1339:'29, 2013] for which construction has not begun as [jan. 29, 2013]. b adoption the administrator, in coordination with states,',
1340:'tribal and local governments, and owners or operators of private nonprofit facilities, may adopt alternative procedures to administer assistance provided',
1341:'under sections 5170ba3a, 5172, 5173, and 5192a5 of this title [sections 403a3a, 406, 407, and 502a5]. c goals of procedures',
1342:'the alternative procedures adopted under subsection a shall further the goals of 1 reducing the costs to the federal government',
1343:'of providing such assistance; 2 increasing flexibility in the administration of such assistance; 3 expediting the provision of such assistance',
1344:'to a state, tribal or local government, or owner or operator of a private nonprofit facility; and 4 providing financial',
1345:'incentives and disincentives for a state, tribal or local government, or owner or operator of a private nonprofit facility for',
1346:'the timely and costeffective completion of projects with such assistance. d participation 1 in general participation in the alternative procedures',
1347:'adopted under this section shall be at the election of a state, tribal or local government, or owner or operator',
1348:'of a private nonprofit facility consistent with procedures determined by the administrator. 2 no conditions the president may not condition',
1349:'the provision of federal assistance under this act on the election by a state, local, or indian tribal government, or',
1350:'owner or operator of a private nonprofit facility to participate in the alternative procedures adopted under this section. stafford act',
1351:'title iv §§ 427428 e minimum procedures the alternative procedures adopted under this section shall include the following: 1 for',
1352:'repair, restoration, and replacement of damaged facilities under section 5172 of this title [section 406] a making grants on the',
1353:'basis of fixed estimates, if the state, tribal or local government, or owner or operator of the private nonprofit facility',
1354:'agrees to be responsible for any actual costs that exceed the estimate; b providing an option for a state, tribal',
1355:'or local government, or owner or operator of a private nonprofit facility to elect to receive an inlieu contribution, without',
1356:'reduction, on the basis of estimates of i the cost of repair, restoration, reconstruction, or replacement of a public facility',
1357:'owned or controlled by the state, tribal or local government or owner or operator of a private nonprofit facility; and',
1358:'ii management expenses; c consolidating, to the extent determined appropriate by the administrator, the facilities of a state, tribal, or',
1359:'local government, or owner or operator of a private nonprofit facility as a single project based upon the estimates adopted',
1360:'under the procedures; d if the actual costs of a project completed under the procedures are less than the estimated',
1361:'costs thereof, the administrator may permit a grantee or subgrantee to use all or part of the excess funds for',
1362:'i costeffective activities that reduce the risk of future damage, hardship, or suffering from a major disaster; and ii other',
1363:'activities to improve future public assistance operations or planning; e in determining eligible costs under section 5172 of this title',
1364:'[section 406], the administrator shall make available, at an applicant’s request and where the administrator or the certified cost estimate',
1365:'prepared by the applicant’s professionally licensed engineers has estimated an eligible federal share for a project of at least $5,000,000,',
1366:'an independent expert panel to validate the estimated eligible cost consistent with applicable regulations and policies implementing this section; f',
1367:'in determining eligible costs under section 5172 of this title [section 406], the administrator shall, at the applicant’s request, consider',
1368:'properly conducted and certified cost estimates prepared by professionally licensed engineers mutually agreed upon by the administrator and the applicant,',
1369:'to the extent that such estimates comply with applicable regulations, policy, and guidance; and g once certified by a professionally',
1370:'licensed engineer and accepted by the administrator, the estimates on which grants made pursuant to this section are based shall',
1371:'be presumed to be reasonable and eligible costs, as long as stafford act title iv § 428 there is no',
1372:'evidence of fraud. 2 for debris removal under sections 5170ba3a, 5173, and 5192a5 of this title [sections 403a3a, 407, and',
1373:'502a5] a making grants on the basis of fixed estimates to provide financial incentives and disincentives for the timely or',
1374:'costeffective completion if the state, tribal or local government, or owner or operator of the private nonprofit facility agrees to',
1375:'be responsible to pay for any actual costs that exceed the estimate; b using a sliding scale for determining the',
1376:'federal share for removal of debris and wreckage based on the time it takes to complete debris and wreckage removal;',
1377:'c allowing use of program income from recycled debris without offset to the grant amount; d reimbursing base and overtime',
1378:'wages for employees and extra hires of a state, tribal or local government, or owner or operator of a private',
1379:'nonprofit facility performing or administering debris and wreckage removal; e providing incentives to a state or tribal government to have',
1380:'a debris management plan approved by the administrator and have prequalified 1 or more debris and wreckage removal contractors before',
1381:'the date of declaration of the major disaster; and f if the actual costs of projects under subparagraph a are',
1382:'less than the estimated costs of the project, the administrator may permit a grantee or subgrantee to use all or',
1383:'part of the excess funds for i debris management planning; ii acquisition of debris management equipment for current or future',
1384:'use; and iii other activities to improve future debris removal operations, as determined by the administrator. f waiver authority until',
1385:'such time as the administrator promulgates regulations to implement this section, the administrator may 1 waive notice and comment rulemaking,',
1386:'if the administrator determines the waiver is necessary to expeditiously implement this section; and 2 carry out the alternative procedures',
1387:'under this section as a pilot program. g overtime payments the guidelines for reimbursement for costs under subsection e2d shall',
1388:'ensure that no state or local government is denied reimbursement for overtime payments that are required pursuant to the fair',
1389:'labor standards act of 1938 29 u.s.c. 201 et seq.. h report 1 in general not earlier than 3 years,',
1390:'and not later than 5 years, after january 29, 2013, the inspector general of the department of homeland security shall',
1391:'submit to the committee on homeland security and governmental affairs of the stafford act title iv § 428 senate and',
1392:'the committee on transportation and infrastructure of the house of representatives a report on the alternative procedures for the repair,',
1393:'restoration, and replacement of damaged facilties under section 5172 of this title [section 406] authorized under this section. 2 contents',
1394:'the report shall contain an assessment of the effectiveness of the alternative procedures, including a whether the alternative procedures helped',
1395:'to improve the general speed of disaster recovery; b the accuracy of the estimates relied upon; c whether the financial',
1396:'incentives and disincentives were effective; d whether the alternative procedures were cost effective; e whether the independent expert panel described',
1397:'in subsection e1e was effective; and f recommendations for whether the alternative procedures should be continued and any recommendations for',
1398:'changes to the alternative procedures. sec. 429. unified federal review 42 u.s.c. 5189g a in general not later than 18',
1399:'months after january 29, 2013, and in consultation with the council on environmental quality and the advisory council on historic',
1400:'preservation, the president shall establish an expedited and unified interagency review process to ensure compliance with environmental and historic requirements',
1401:'under federal law relating to disaster recovery projects, in order to expedite the recovery process, consistent with applicable law. b',
1402:'contents the review process established under this section shall include mechanisms to expeditiously address delays that may occur during the',
1403:'recovery from a major disaster and be updated, as appropriate, consistent with a applicable law. sec. 430. agency accountability. a',
1404:'public assistance—not later than 5 days after an award of a public assistance grant is made under section 406 that',
1405:'is in excess of $1,000,000, the administrator of [fema] shall publish on the website of [fema] the specifics of each',
1406:'such grant award, including— 1 identifying the [fema] region; 2 the disaster or emergency declaration number; 3 the state, county,',
1407:'and applicant name; 4 if the applicant is a private nonprofit organization; 5 the damage category code; 6 the amount',
1408:'of the federal share obligated; and 7 the date of the award. b mission assignments— stafford act title iv §§',
1409:'428430 1 in general not later than 5 days after the issuance of a mission assignment or mission assignment task',
1410:'order, the administrator of [fema] shall publish on the website of [fema] any mission assignment or mission assignment task order',
1411:'to another federal department or agency regarding a major disaster in excess of $1,000,000, including— a the name of the',
1412:'impacted state or indian tribe; b the disaster declaration for such state or indian tribe; c the assigned agency; d',
1413:'the assistance requested; e a description of the disaster; f the total cost estimate; g the amount obligated; h the',
1414:'state or indian tribal government cost share, if applicable; i the authority under which the mission assignment or mission assignment',
1415:'task order was directed; and j if applicable, the date a state or indian tribe requested the mission assignment. 2',
1416:'recording changes not later than 10 days after the last day of each month until a mission assignment or mission',
1417:'assignment task order described in paragraph 1 is completed and closed out, the administrator of [fema] shall update any changes',
1418:'to the total cost estimate and the amount obligated. c disaster relief monthly report—not later than 10 days after the',
1419:'first day of each month, the administrator of [fema] shall publish on the website of [fema] reports, including a specific',
1420:'description of the methodology and the source data used in developing such reports, including— 1 an estimate of the amounts',
1421:'for the fiscal year covered by the president’s most recent budget pursuant to section 1105a of title 31, united states',
1422:'code, including— a the unobligated balance of funds to be carried over from the prior fiscal year to the budget',
1423:'year; b the unobligated balance of funds to be carried over from the budget year to the budget year plus',
1424:'1; c the amount of obligations for noncatastrophic events for the budget year; d the amount of obligations for the',
1425:'budget year for catastrophic events delineated by event and by state; e the total amount that has been previously obligated',
1426:'or will be required for catastrophic events delineated by event and by state for all prior years, the current fiscal',
1427:'year, the budget year, and each fiscal year thereafter; f the amount of previously obligated funds that will be recovered',
1428:'for the budget year; stafford act title iv § 430 g the amount that will be required for obligations for',
1429:'emergencies, as described in section 1021, major disasters, as described in section 1022, fire management assistance grants, as described in',
1430:'section 420, surge activities, and disaster readiness and support activities; and h the amount required for activities not covered under',
1431:'section 251b2d iii of the balanced budget and emergency deficit control act of 1985 2 u.s.c. 901b2diii; and 2 an',
1432:'estimate or actual amounts, if available, of the following for the current fiscal year, which shall be submitted not later',
1433:'than the fifth day of each month, published by the administrator of [fema] on the website of [fema] not later',
1434:'than the fifth day of each month: a a summary of the amount of appropriations made available by source, the',
1435:'transfers executed, the previously allocated funds recovered, and the commitments, allocations, and obligations made. b a table of disaster relief',
1436:'activity delineated by month, including— i the beginning and ending balances; ii the total obligations to include amounts obligated for',
1437:'fire assistance, emergencies, surge, and disaster support activities; iii the obligations for catastrophic events delineated by event and by state;',
1438:'and iv the amount of previously obligated funds that are recovered. c a summary of allocations, obligations, and expenditures for',
1439:'catastrophic events delineated by event. d the cost of the following categories of spending: i public assistance. ii individual assistance.',
1440:'iii mitigation. iv administrative. v operations. vi any other relevant category including emergency measures and disaster resources delineated by disaster.',
1441:'e the date on which funds appropriated will be exhausted. d contracts— 1 information not later than 10 days after',
1442:'the first day of each month, the administrator of [fema] shall publish on the website of [fema] the specifics of',
1443:'stafford act title iv § 430 sec. 1225 of drra provides, “notwithstanding any other provision of law, [fema] shall not',
1444:'reimburse a state or local government, an indian tribal government [ ] or the owner or operator of a private',
1445:'nonprofit [ ] for any activities made pursuant to a contract entered into after august 1, 2017, that prohibits the',
1446:'administrator or the comptroller general of the united states from auditing or otherwise reviewing all aspects relating to the contract.”',
1447:'each contract in excess of $1,000,000 that [fema] enters into, including— a the name of the party; b the date',
1448:'the contract was awarded; c the amount and scope of the contract; d if the contract was awarded through a',
1449:'competitive bidding process; e if no competitive bidding process was used, the reason why competitive bidding was not used; and',
1450:'f the authority used to bypass the competitive bidding process. the information shall be delineated by disaster, if applicable, and',
1451:'specify the damage category code, if applicable. 2 report not later than 10 days after the last day of the',
1452:'fiscal year, the administrator of [fema] shall provide a report to the appropriate committees of congress summarizing the following information',
1453:'for the preceding fiscal year: a the number of contracts awarded without competitive bidding. b the reasons why a competitive',
1454:'bidding process was not used. c the total amount of contracts awarded with no competitive bidding. d the damage category',
1455:'codes, if applicable, for contracts awarded without competitive bidding. e collection of public assistance recipient and subrecipient contracts— 1 in',
1456:'general—not later than 180 days after the date of enactment of this subsection, the administrator of [fema] shall initiate and',
1457:'maintain an effort to collect and store information, prior to the project closeout phase on any contract entered into by',
1458:'a public assistance recipient or subrecipient that through the base award, available options, or any subsequent modifications has an estimated',
1459:'value of more than $1,000,000 and is funded through section 324, 403, 404, 406, 407, 428, or 502, including— a',
1460:'the disaster number, project worksheet number, and the category of work associated with each contract; b the name of each',
1461:'party; c the date the contract was awarded; d the amount of the contract; e the scope of the contract;',
1462:'f the period of performance for the contract; and g whether the contract was awarded through a competitive bidding process.',
1463:'2 availability of information collected the administrator of [fema] shall make the information collected and stored under paragraph 1 available',
1464:'to the inspector general of the department of homeland security, the government accountability office, and appropriate committees of congress, upon',
1465:'request. stafford act title iv § 430 3 report not later than 365 days after the date of enactment of',
1466:'this subsection, the administrator of [fema] shall submit a report to the committee on homeland security and governmental affairs of',
1467:'the senate and the committee on transportation and infrastructure of the house of representatives on the efforts of [fema] to',
1468:'collect the information described in paragraph 1. stafford act title iv § 430 stafford act title iv, title v §§',
1469:'501502 title v emergency assistance programs sec. 501. procedure for declaration 42 u.s.c. 5191 a request and declaration all requests',
1470:'for a declaration by the president that an emergency exists shall be made by the governor of the affected state.',
1471:'such a request shall be based on a finding that the situation is of such severity and magnitude that effective',
1472:'response is beyond the capabilities of the state and the affected local governments and that federal assistance is necessary. as',
1473:'a part of such request, and as a prerequisite to emergency assistance under this act, the governor shall take appropriate',
1474:'action under state law and direct execution of the state’s emergency plan. the governor shall furnish information describing the state',
1475:'and local efforts and resources which have been or will be used to alleviate the emergency, and will define the',
1476:'type and extent of federal aid required. based upon such governor’s request, the president may declare that an emergency exists.',
1477:'b certain emergencies involving federal primary responsibility the president may exercise any authority vested in him by section 5192 of',
1478:'this title or section 5193 of this title [sections 502 or 503] with respect to an emergency when he determines',
1479:'that an emergency exists for which the primary responsibility for response rests with the united states because the emergency involves',
1480:'a subject area for which, under the constitution or laws of the united states, the united states exercises exclusive or',
1481:'preeminent responsibility and authority. in determining whether or not such an emergency exists, the president shall consult the governor of',
1482:'any affected state, if practicable. the president’s determination may be made without regard to subsection a of this section. c',
1483:'indian tribal government requests 1 in general the chief executive of an affected indian tribal government may submit a request',
1484:'for a declaration by the president that an emergency exists consistent with the requirements of subsection a. 2 references in',
1485:'implementing assistance authorized by the president under this subchapter in response to a request of the chief executive of an',
1486:'affected indian tribal government for an emergency declaration, any reference in this subchapter or subchapter iii except sections 5153 and',
1487:'5165d of this title [sections 310 and 326] to a state or the governor of a state is deemed to',
1488:'refer to an affected indian tribal government or the chief executive of an affected indian tribal government, as appropriate. 3',
1489:'savings provision nothing in this subsection shall prohibit an indian tribal government from receving assistance under this subchapter through a',
1490:'declaration made by the president at the request of a state under subsection a if the president does not make',
1491:'a declaration under this subsection for the same incident. sec. 502. federal emergency assistance 42 u.s.c. 5192 a specified in',
1492:'any emergency, the president may 1 direct any federal agency, with or without reimbursement, to utilize its authorities and the',
1493:'resources granted to it under federal law including personnel, equipment, supplies, facilities, and managerial, technical and advisory services in support',
1494:'of state and local emergency assistance efforts to save lives, protect property and public health and safety, and lessen or',
1495:'avert the threat of a catastrophe, including precautionary evacuations; 2 coordinate all disaster relief assistance including voluntary assistance provided by',
1496:'federal agencies, private organizations, and state and local governments; 3 provide technical and advisory assistance to affected state and local',
1497:'governments for a the performance of essential community services; b issuance of warnings of risks or hazards; c public health',
1498:'and safety information, including dissemination of such information; d provision of health and safety measures; and e management, control, and',
1499:'reduction of immediate threats to public health and safety; 4 provide emergency assistance through federal agencies; 5 remove debris in',
1500:'accordance with the terms and conditions of section 5173 of this title [section 407]; 6 provide assistance in accordance with',
1501:'section 5174 of this title [section 408]; 7 assist state and local governments in the distribution of medicine, food, and',
1502:'other consumable supplies, and emergency assistance; and 8 provide accelerated federal assistance and federal support where necessary to save lives,',
1503:'prevent human suffering, or mitigate severe damage, which may be provided in the absence of a specific request and in',
1504:'which case the president a shall, to the fullest extent practicable, promptly notify and coordinate with a state in which',
1505:'such assistance or support is provided; and b shall not, in notifying and coordinating with a state under subparagraph a,',
1506:'delay or impede the rapid deployment, use, and distribution of critical resources to victims of an emergency. b general whenever',
1507:'the federal assistance provided under subsection a of this section with respect to an emergency is inadequate, the president may',
1508:'also provide assistance with respect to efforts to save lives, protect property and public health and safety, and lessen or',
1509:'avert the threat of a catastrophe, including precautionary evacuations. c guidelines the president shall promulgate and maintain guidelines to assist',
1510:'governors in requesting the declaration of an emergency in advance of a natural or manmade disaster including for the purpose',
1511:'of seeking assistance with special needs and other evacuation efforts under this section by defining the types of assistance available',
1512:'to affected states and the circumstances under which such requests are likely to be approved. stafford act title v §',
1513:'502 sec. 503. amount of assistance 42 u.s.c. 5193 a federal share the federal share for assistance provided under this',
1514:'title shall be equal to not less than 75 percent of the eligible costs. b limit on amount of assistance',
1515:'– 1 in general except as provided in paragraph 2, total assistance provided under this title for a single emergency',
1516:'shall not exceed $5,000,000. 2 additional assistance the limitation described in paragraph 1 may be exceeded when the president determines',
1517:'that a continued emergency assistance is immediately required; b there is a continuing and immediate risk to lives, property, public',
1518:'health or safety; and c necessary assistance will not otherwise be provided on a timely basis. 3 report whenever the',
1519:'limitation described in paragraph 1 is exceeded, the president shall report to the congress on the nature and extent of',
1520:'emergency assistance requirements and shall propose additional legislation if necessary. stafford act title v § 503 stafford act title vi',
1521:'§§ 601602 title vi emergency preparedness sec. 601. declaration of policy 42 u.s.c. 5195 the purpose of this title is',
1522:'to provide a system of emergency preparedness for the protection of life and property in the united states from hazards',
1523:'and to vest responsibility for emergency preparedness jointly in the federal government and the states and their political subdivisions. the',
1524:'congress recognizes that the organizational structure established jointly by the federal government and the states and their political subdivisions for',
1525:'emergency preparedness purposes can be effectively utilized to provide relief and assistance to people in areas of the united states',
1526:'struck by a hazard. the federal government shall provide necessary direction, coordination, and guidance, and shall provide necessary assistance, as',
1527:'authorized in this title so that a comprehensive emergency preparedness system exists for all hazards. sec. 602. definitions 42 u.s.c.',
1528:'5195a a definitions for purposes of this title only: 1 hazard the term “hazard” means an emergency or disaster resulting',
1529:'from– a a natural disaster; or b an accidental or mancaused event. 2 natural disaster the term “natural disaster” means',
1530:'any hurricane, tornado, storm, flood, high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire,',
1531:'or other catastrophe in any part of the united states which causes, or which may cause, substantial damage or injury',
1532:'to civilian property or persons. 3 emergency preparedness the term “emergency preparedness” means all those activities and measures designed or',
1533:'undertaken to prepare for or minimize the effects of a hazard upon the civilian population, to deal with the immediate',
1534:'emergency conditions which would be created by the hazard, and to effectuate emergency repairs to, or the emergency restoration of,',
1535:'vital utilities and facilities destroyed or damaged by the hazard. such term includes the following: a measures to be undertaken',
1536:'in preparation for anticipated hazards including the establishment of appropriate organizations, operational plans, and supporting agreements, the recruitment and training',
1537:'of personnel, the conduct of research, the procurement and stockpiling of necessary materials and supplies, the provision of suitable warning',
1538:'systems, the construction or preparation of shelters, shelter areas, and control centers, and, when appropriate, the nonmilitary evacuation of the',
1539:'civilian population. b measures to be undertaken during a hazard including the enforcement of passive defense regulations prescribed by duly',
1540:'established military or civil authorities, the evacuation of personnel to shelter areas, the control of traffic and panic, and the',
1541:'control and use of lighting and civil communications. c measures to be undertaken following a hazard including activities for fire',
1542:'fighting, rescue, emergency medical, health and sanitation services, monitoring for specific dangers of special weapons, unexploded bomb reconnaissance, essential debris',
1543:'clearance, emergency welfare measures, and immediately essential emergency repair or restoration of damaged vital facilities. 4 organizational equipment the term',
1544:'“organizational equipment” means equipment determined by the administrator to be necessary to an emergency preparedness organization, as distinguished from personal',
1545:'equipment, and of such a type or nature as to require it to be financed in whole or in part',
1546:'by the federal government. such term does not include those items which the local community normally uses in combating local',
1547:'disasters, except when required in unusual quantities dictated by the requirements of the emergency preparedness plans. 5 materials the term',
1548:'“materials” includes raw materials, supplies, medicines, equipment, component parts and technical information and processes necessary for emergency preparedness. 6 facilities',
1549:'the term “facilities”, except as otherwise provided in this title, includes buildings, shelters, utilities, and land. 7 administrator the term',
1550:'“administrator” means the administrator of [fema]. 8 neighboring countries the term “neighboring countries” includes canada and mexico. 9 united states',
1551:'and states the terms “united states “ and “states” includ[e] the several states, the district of columbia, and territories and',
1552:'possessions of the united states. 10 state the term “state” includes interstate emergency preparedness authorities established under section 5196h of',
1553:'this title [section 611h]. b cross reference the terms “national defense” and “defense”, as used in the defense production act',
1554:'of 1950 50 u.s.c. app. 2061 et seq., includes emergency preparedness activities conducted pursuant to this title. sec. 603. administration',
1555:'of title 42 u.s.c. 5195b this title shall be carried out by the administrator of [fema]. critical infrastructures protection 42',
1556:'u.s.c. 5195c a short title this section may be cited as the “critical infrastructures protection act of 2001”. b findings',
1557:'congress makes the following findings: 1 the information revolution has transformed the conduct of business and the operations of government',
1558:'as well as the infrastructure relied upon for the defense and national security of the united states. stafford act title',
1559:'vi §§ 602603 this section was enacted as the critical infrastructures protection act of 2001 and also as part of',
1560:'the uniting and strengthening america by providing appropriate tools required to intercept and obstruct terrorism act of 2001 or usa',
1561:'patriot act. 2 private business, government, and the national security apparatus increasingly depend on an interdependent network of critical physical',
1562:'and information infrastructures, including telecommunications, energy, financial services, water, and transportation sectors. 3 a continuous national effort is required to',
1563:'ensure the reliable provision of cyber and physical infrastructure services critical to maintaining the national defense, continuity of government, economic',
1564:'prosperity, and quality of life in the united states. 4 this national effort requires extensive modeling and analytic capabilities for',
1565:'purposes of evaluating appropriate mechanisms to ensure the stability of these complex and interdependent systems, and to underpin policy recommendations,',
1566:'so as to achieve the continuous viability and adequate protection of the critical infrastructure of the nation. c policy of',
1567:'the united states it is the policy of the united states 1 that any physical or virtual disruption of the',
1568:'operation of the critical infrastructure of the united states be rare, brief, geographically limited in effect, manageable, and minimally detrimental',
1569:'to the economy, human and government services, and national security of the united states; 2 that actions necessary to achieve',
1570:'the policy stated in paragraph 1 be carried out in a publicprivate partnership involving corporate and nongovernmental organizations; and 3',
1571:'to have in place a comprehensive and effective program to ensure the continuity of essential federal government functions under all',
1572:'circumstances. d establishment of national competence for critical infrastructure protection 1 support of critical infrastructure protection and continuity by national',
1573:'infrastructure simulation and analysis center there shall be established the national infrastructure simulation and analysis center nisac to serve as',
1574:'a source of national competence to address critical infrastructure protection and continuity through support for activities related to counterterrorism, threat',
1575:'assessment, and risk mitigation. 2 particular support the support provided under paragraph 1 shall include the following: a modeling, simulation,',
1576:'and analysis of the systems comprising critical infrastructures, including cyber infrastructure, telecommunications infrastructure, and physical infrastructure, in order to enhance',
1577:'understanding of the largescale complexity of such systems and to facilitate modification of such systems to mitigate the threats to',
1578:'such systems and to critical infrastructure generally. b acquisition from state and local governments and the private sector of data',
1579:'necessary to create and maintain models of such systems and of critical infrastructures generally. c utilization of modeling, simulation, and',
1580:'analysis under subparagraph a to stafford act title vi 42 u.s.c. § 5195c provide education and training to policymakers on',
1581:'matters relating to i the analysis conducted under that subparagraph; ii the implications of unintended or unintentional disturbances to critical',
1582:'infrastructures; and iii responses to incidents or crises involving critical infrastructures, including the continuity of government and private sector activities',
1583:'through and after such incidents or crises. d utilization of modeling, simulation, and analysis under subparagraph a to provide recommendations',
1584:'to policymakers, and to departments and agencies of the federal government and private sector persons and entities upon request, regarding',
1585:'means of enhancing the stability of, and preserving, critical infrastructures. 3 recipient of certain support modeling, simulation, and analysis provided',
1586:'under this subsection shall be provided, in particular, to relevant federal, state, and local entities responsible for critical infrastructure protection',
1587:'and policy. e critical infrastructure defined in this section, the term “critical infrastructure” means systems and assets, whether physical or',
1588:'virtual, so vital to the united states that the incapacity or destruction of such systems and assets would have a',
1589:'debilitating impact on security, national economic security, national public health or safety, or any combination of those matters. f authorization',
1590:'of appropriations there is hereby authorized for the department of defense for fiscal year 2002, $20,000,000 for the defense threat',
1591:'reduction agency for activities of the national infrastructure simulation and analysis center under this section in that fiscal year. subtitle',
1592:'a – powers and duties sec. 611. detailed functions of administration 42 u.s.c. 5196 a in general in order to',
1593:'carry out the policy described in section 5195 of this title [section 601], the administrator shall have the authorities provided',
1594:'in this section. b federal emergency response plans and programs the administrator may prepare federal response plans and programs for',
1595:'the emergency preparedness of the united states and sponsor and direct such plans and programs. to prepare such plans and',
1596:'programs and coordinate such plans and programs with state efforts, the administrator may request such reports on state plans and',
1597:'operations for emergency preparedness as may be necessary to keep the president, congress, and the states advised of the status',
1598:'of emergency preparedness in the united states. c delegation of emergency preparedness responsibilities with the approval of the president, the',
1599:'administrator may delegate to other departments and agencies of the federal government appropriate emergency preparedness responsibilities and review stafford act',
1600:'title vi 42 u.s.c. § 5195c, § 611 and coordinate the emergency preparedness activities of the departments and agencies with',
1601:'each other and with the activities of the states and neighboring countries. d communications and warnings the administrator may make',
1602:'appropriate provision for necessary emergency preparedness communications and for dissemination of warnings to the civilian population of a hazard. e',
1603:'emergency preparedness measures the administrator may study and develop emergency preparedness measures designed to afford adequate protection of life and',
1604:'property, including 1 research and studies as to the best methods of treating the effects of hazards; 2 developing shelter',
1605:'designs and materials for protective covering or construction; 3 developing equipment or facilities and effecting the standardization thereof to meet',
1606:'emergency preparedness requirements; and 4 plans that take into account the needs of individuals with pets and service animals prior',
1607:'to, during, and following a major disaster or emergency. f training programs 1 the administrator may a conduct or arrange,',
1608:'by contract or otherwise, for training programs for the instruction of emergency preparedness officials and other persons in the organization,',
1609:'operation, and techniques of emergency preparedness; b conduct or operate schools or including the payment of travel expenses, in accordance',
1610:'with subchapter i of chapter 57 of title 5 and the standardized government travel regulations, and per diem allowances, in',
1611:'lieu of subsistence for trainees in attendance or the furnishing of subsistence and quarters for trainees and instructors on terms',
1612:'prescribed by the administrator; and c provide instructors and training aids as necessary. 2 the terms prescribed by the administrator',
1613:'for the payment of travel expenses and per diem allowances authorized by this subsection shall include a provision that such',
1614:'payment shall not exceed onehalf of the total cost of such expenses. 3 the administrator may lease real property required',
1615:'for the purpose of carrying out this subsection, but may not acquire fee title to property unless specifically authorized by',
1616:'law. g public dissemination of emergency preparedness information the administrator may publicly disseminate appropriate emergency preparedness information by all appropriate',
1617:'means. h emergency preparedness compacts 1 the administrator shall establish a program supporting the development of emergency preparedness compacts for',
1618:'acts of terrorism, disasters, and emergencies throughout the nation, by stafford act title vi § 611 a identifying and cataloging',
1619:'existing emergency preparedness compacts for acts of terrorism, disasters, and emergencies at the state and local levels of government; b',
1620:'disseminating to state and local governments examples of best practices in the development of emergency preparedness compacts and models of',
1621:'existing emergency preparedness compacts, including agreements involving interstate jurisdictions; and c completing an inventory of federal response capabilities for acts',
1622:'of terrorism, disasters, and emergencies, making such inventory available to appropriate federal, state, and local government officials, and ensuring that',
1623:'such inventory is as current and accurate as practicable. 2 the administrator may a assist and encourage the states to',
1624:'negotiate and enter into interstate emergency preparedness compacts; b review the terms and conditions of such proposed compacts in order',
1625:'to assist, to the extent feasible, in obtaining uniformity between such compacts and consistency with federal emergency response plans and',
1626:'programs; c assist and coordinate the activities under such compacts; and d aid and assist in encouraging reciprocal emergency preparedness',
1627:'legislation by the states which will permit the furnishing of mutual aid for emergency preparedness purposes in the event of',
1628:'a hazard which cannot be adequately met or controlled by a state or political subdivision thereof threatened with or experiencing',
1629:'a hazard. 3 a copy of each interstate emergency preparedness compact shall be transmitted promptly to the senate and the',
1630:'house of representatives. the consent of congress is deemed to be granted to each such compact upon the expiration of',
1631:'the 60day period beginning on the date on which the compact is transmitted to congress. 4 nothing in this subsection',
1632:'shall be construed as preventing congress from disapproving, or withdrawing at any time its consent to, any interstate emergency preparedness',
1633:'compact. i materials and facilities 1 the administrator may procure by condemnation or otherwise, construct, lease, transport, store, maintain, renovate',
1634:'or distribute materials and facilities for emergency preparedness, with the right to take immediate possession thereof. 2 facilities acquired by',
1635:'purchase, donation, or other means of transfer may be occupied, used, and improved for the purposes of this title before',
1636:'the approval of title by the attorney general as required by sections 3111 and 3112 of title 40. 3 the',
1637:'administrator may lease real property required for the purpose of carrying out the provisions of this subsection, but shall not',
1638:'acquire fee title to property unless specifically authorized by law. 4 the administrator may procure and maintain under this subsection',
1639:'radiological, stafford act title vi § 611 chemical, bacteriological, and biological agent monitoring and decontamination devices and distribute such devices',
1640:'by loan or grant to the states for emergency preparedness purposes, under such terms and conditions as the administrator shall',
1641:'prescribe. j financial contributions 1 the administrator may make financial contributions, on the basis of programs or projects approved by',
1642:'the administrator, to the states for emergency preparedness purposes, including the procurement, construction, leasing, or renovating of materials and facilities.',
1643:'such contributions shall be made on such terms or conditions as the administrator shall prescribe, including the method of purchase,',
1644:'the quantity, quality, or specifications of the materials or facilities, and such other factors or care or treatment to assure',
1645:'the uniformity, availability, and good condition of such materials or facilities. 2 the administrator may make financial contributions, on the',
1646:'basis of programs or projects approved by the administrator, to the states and local authorities for animal emergency preparedness purposes,',
1647:'including the procurement, construction, leasing, or renovating of emergency shelter facilities and materials that will accommodate people with pets and',
1648:'service animals. 3 no contribution may be made under this subsection for the procurement of land or for the purchase',
1649:'of personal equipment for state or local emergency preparedness workers. 4 the amounts authorized to be contributed by the administrator',
1650:'to each state for organizational equipment shall be equally matched by such state from any source it determines is consistent',
1651:'with its laws. 5 financial contributions to the states for shelters and other protective facilities shall be determined by taking',
1652:'the amount of funds appropriated or available to the administrator for such facilities in each fiscal year and apportioning such',
1653:'funds among the states in the ratio which the urban population of the critical target areas as determined by the',
1654:'administrator in each state, at the time of the determination, bears to the total urban population of the critical target',
1655:'areas of all of the states. 6 the amounts authorized to be contributed by the administrator to each state for',
1656:'such shelters and protective facilities shall be equally matched by such state from any source it determines is consistent with',
1657:'its laws and, if not matched within a reasonable time, the administrator may reallocate such amounts to other states under',
1658:'the formula described in paragraph 4. the value of any land contributed by any state or political subdivision thereof shall',
1659:'be excluded from the computation of the state share under this subsection. 7 the amounts paid to any state under',
1660:'this subsection shall be expended solely in carrying out the purposes set forth herein and in accordance with state emergency',
1661:'preparedness programs or projects approved by the administrator. stafford act title vi § 611 this was redesignated paragraph 5 by',
1662:'pub. l. 109308, § 32, oct. 6, 2006, 120 stat. 1725. the administrator shall make no contribution toward the cost',
1663:'of any program or project for the procurement, construction, or leasing of any facility which a is intended for use,',
1664:'in whole or in part, for any purpose other than emergency preparedness, and b is of such kind that upon',
1665:'completion it will, in the judgment of the administrator, be capable of producing sufficient revenue to provide reasonable assurance of',
1666:'the retirement or repayment of such cost; except that subject to the preceding provisions of this subsection the administrator may',
1667:'make a contribution to any state toward that portion of the cost of the construction, reconstruction, or enlargement of any',
1668:'facility which the administrator determines to be directly attributable to the incorporation in such facility of any feature of construction',
1669:'or design not necessary for the principal intended purpose thereof but which is, in the judgment of the administrator necessary',
1670:'for the use of such facility for emergency preparedness purposes. 8 the administrator shall submit to congress a report, at',
1671:'least annually, regarding all contributions made pursuant to this subsection. 9 all laborers and mechanics employed by contractors or subcontractors',
1672:'in the performance of construction work financed with the assistance of any contribution of federal funds made by the administrator',
1673:'under this subsection shall be paid wages at rates not less than those prevailing on similar construction in the locality',
1674:'as determined by the secretary of labor in accordance with sections 31413144, 3146, and 3147 of title 40, and every',
1675:'such employee shall receive compensation at a rate not less than one and 1/2 times the basic rate of pay',
1676:'of the employee for all hours worked in any workweek in excess of eight hours in any workday or 40',
1677:'hours in the workweek, as the case may be. the administrator shall make no contribution of federal funds without first',
1678:'obtaining adequate assurance that these labor standards will be maintained upon the construction work. the secretary of labor shall have,',
1679:'with respect to the labor standards specified in this subsection, the authority and functions set forth in reorganization plan numbered',
1680:'14 of 1950 5 u.s.c. app. and section 3145 of title 40. k sale or disposal of certain materials and',
1681:'facilities the administrator may arrange for the sale or disposal of materials and facilities found by the administrator to be',
1682:'unnecessary or unsuitable for emergency preparedness purposes in the same manner as provided for excess property under chapters 1 to',
1683:'11 of title 40 and division c except sections 3302, 3307e, 3501b, 3509, 4710, and 4711 of subtitle i of',
1684:'title 41. any funds received as proceeds from the sale or other disposition of such materials and facilities shall be',
1685:'deposited into the treasury as miscellaneous receipts. sec. 612. mutual aid pacts between states and neighboring countries 42 u.s.c. 5196a',
1686:'the administrator shall give all practicable assistance to states in arranging, through the department of state, mutual emergency preparedness aid',
1687:'between the states and neighboring countries. stafford act title vi §§ 611612 sec. 613. contributions for personnel and administrative expenses',
1688:'42 u.s.c. 5196b a general authority to further assist in carrying out the purposes of this title, the administrator may',
1689:'make financial contributions to the states including interstate emergency preparedness authorities established pursuant to section 5196h of this title [section',
1690:'611h] for necessary and essential state and local emergency preparedness personnel and administrative expenses, on the basis of approved plans',
1691:'which shall be consistent with the federal emergency response plans for emergency preparedness for the emergency preparedness of the states.',
1692:'the financial contributions to the states under this section may not exceed onehalf of the total cost of such necessary',
1693:'and essential state and local emergency preparedness personnel and administrative expenses. b plan requirements a plan submitted under this section',
1694:'shall 1 provide, pursuant to state law, that the plan shall be in effect in all political subdivisions of the',
1695:'state and be mandatory on them and be administered or supervised by a single state agency; 2 provide that the',
1696:'state shall share the financial assistance with that provided by the federal government under this section from any source determined',
1697:'by it to be consistent with state law; 3 provide for the development of state and local emergency preparedness operational',
1698:'plans, including a catastrophic incident annex, pursuant to standards approved by the administrator; 4 provide for the employment of a',
1699:'fulltime emergency preparedness director, or deputy director, by the state; 5 provide that the state shall make such reports in',
1700:'such form and content as the administrator may require; 6 make available to duly authorized representatives of the administrator and',
1701:'the comptroller general, books, records, and papers necessary to conduct audits for the purposes of this section; and 7 include',
1702:'a plan for providing information to the public in a coordinated manner. c catastrophic incident annex 1 consistency a catastrophic',
1703:'incident annex submitted under subsection b3 shall be a modeled after the catastrophic incident annex of the national response plan;',
1704:'and b consistent with the national preparedness goal established under [sec. 643 stafford act title vi § 613 sec. 536',
1705:'of pkemra provides “the department of homeland security shall, in approving standards for state and local emergency preparedness operational plans',
1706:'under section 613b3 of the [stafford act] 42 u.s.c. 5196bb3, account for the needs of individuals with household pets and',
1707:'service animals before, during, and following a major disaster or emergency: provided, that federal agencies may provide assistance as described',
1708:'in section 403a of the [stafford act] 42 u.s.c. 5170ba to carry out the plans described in the previous proviso.”',
1709:'of pkemra, 6 usc § 743], the national incident management system, the national response plan, and other related plans and',
1710:'strategies. 2 consultation in developing a catastrophic incident annex submitted under subsection b3, a state shall consult with and seek',
1711:'appropriate comments from local governments, emergency response providers, locally governed multijurisdictional councils of government, and regional planning commissions. d terms',
1712:'and conditions the administrator shall establish such other terms and conditions as the administrator considers necessary and proper to carry',
1713:'out this section. e application of other provisions in carrying out this section, the provisions of section[s] 5196h and 5197h',
1714:'of this title [sections 611h and 621h] shall apply. f allocation of funds for each fiscal year concerned, the administrator',
1715:'shall allocate to each state, in accordance with regulations and the total sum appropriated under this title, amounts to be',
1716:'made available to the states for the purposes of this section. regulations governing allocations to the states under this subsection',
1717:'shall give due regard to 1 the criticality of the areas which may be affected by hazards with respect to',
1718:'the development of the total emergency preparedness readiness of the united states, 2 the relative state of development of emergency',
1719:'preparedness readiness of the state, 3 population, and 4 such other factors as the administrator shall prescribe. the administrator may',
1720:'reallocate the excess of any allocation not used by a state in a plan submitted under this section. amounts paid',
1721:'to any state or political subdivision under this section shall be expended solely for the purposes set forth in this',
1722:'section. g standards for state and local emergency preparedness operational plans in approving standards for state and local emergency preparedness',
1723:'operational plans pursuant to subsection b3, the administrator shall ensure that such plans take into account the needs of individuals',
1724:'with household pets and service animals prior to, during, and following a major disaster or emergency. h submission of plan',
1725:'if a state fails to submit a plan for approval as required by this section within 60 days after the',
1726:'administrator notifies the states of the allocations under this section, the administrator may reallocate such funds, or portions thereof, among',
1727:'the other states in such amounts as, in the judgment of the administrator, will best assure the adequate development of',
1728:'the emergency preparedness capability of the united states. h annual reports the administrator shall report annually to the congress all',
1729:'contributions made pursuant to this section. sec. 614. grants for construction of emergency operations centers 42 u.s.c. 5196c a grants',
1730:'the administrator of [fema] may make grants to states under this subchapter for equipping, upgrading, and constructing state and local',
1731:'emergency operations centers. b federal share notwithstanding any other provision of this subchapter, the federal stafford act title vi §§',
1732:'613614 typographical error in original; two sections “h” have been enacted. share of the cost of an activity carried out',
1733:'using amounts from grants made under this section shall not exceed 75 percent. sec. 615. use of funds to prepare',
1734:'for and respond to hazards 42 u.s.c. 5196d funds made available to the states under this title may be used',
1735:'by the states for the purposes of preparing for hazards and providing emergency assistance in response to hazards. regulations prescribed',
1736:'to carry out this section shall authorize the use of emergency preparedness personnel, materials, and facilities supported in whole or',
1737:'in part through contributions under this title for emergency preparedness activities and measures related to hazards. radiological emergency preparedness fund',
1738:'42 u.s.c. 5196e there is hereby established in the treasury a radiological emergency preparedness fund, which shall be available under',
1739:'the atomic energy act of 1954 [42 u.s.c. 2011 et seq. ], as amended, and executive order 12657, for offsite',
1740:'radiological emergency planning, preparedness, and response. beginning in fiscal year 1999 and thereafter, the administrator of [fema] shall promulgate through',
1741:'rulemaking fees to be assessed and collected, applicable to persons subject to fema’s radiological emergency preparedness regulations. the aggregate charges',
1742:'assessed pursuant to this section during fiscal year 1999 shall not be less than 100 percent of the amounts anticipated',
1743:'by fema necessary for its radiological emergency preparedness program for such fiscal year. the methodology for assessment and collection of',
1744:'fees shall be fair and equitable; and shall reflect costs of providing such services, including administrative costs of collecting such',
1745:'fees. fees received pursuant to this section shall be deposited in the fund as offsetting collections and will become available',
1746:'for authorized purposes on october 1, 1999, and remain available until expended. sec. 616. disaster related information services 42 u.s.c.',
1747:'5196f a in general consistent with section 5151a of this title [section 308a], the administrator of [fema] shall 1 identify,',
1748:'in coordination with state and local governments, population groups with limited english proficiency and take into account such groups in',
1749:'planning for an emergency or major disaster; 2 ensure that information made available to individuals affected by a major disaster',
1750:'or emergency is made available in formats that can be understood by a population groups identified under paragraph 1; and',
1751:'b individuals with disabilities or other special needs; and 3 develop and maintain an informational clearinghouse of model language assistance',
1752:'programs and best practices for state and local governments in providing services related to a major disaster or emergency. stafford',
1753:'act title vi §§ 614616, 42 u.s.c. § 5196e this section was enacted as part of the departments of veterans',
1754:'affairs and housing and urban development, and independent agencies appropriations act, 1999. b group size for purposes of subsection a,',
1755:'the administrator of [fema] shall define the size of a population group. subtitle b – general provisions sec. 621. administrative',
1756:'authority 42 u.s.c. 5197 a in general for the purpose of carrying out the powers and duties assigned to the',
1757:'administrator under this title, the administrator may exercise the administrative authorities provided under this section. b advisory personnel 1 the',
1758:'administrator may employ not more than 100 parttime or temporary advisory personnel including not to exceed 25 subjects of the',
1759:'united kingdom or citizens of canada as the administrator considers to be necessary in carrying out the provisions of this',
1760:'title. 2 persons holding other offices or positions under the united states for which they receive compensation, while serving as',
1761:'advisory personnel, shall receive no additional compensation for such service. other parttime or temporary advisory personnel so employed may serve',
1762:'without compensation or may receive compensation at a rate not to exceed $180 for each day of service, plus authorized',
1763:'subsistence and travel, as determined by the administrator. c services of other agency personnel and volunteers the administrator may 1',
1764:'use the services of federal agencies and, with the consent of any state or local government, accept and use the',
1765:'services of state and local agencies; 2 establish and use such regional and other offices as may be necessary; and',
1766:'3 use such voluntary and uncompensated services by individuals or organizations as may from time to time be needed. d',
1767:'gifts notwithstanding any other provision of law, the administrator may accept gifts of supplies, equipment, and facilities and may use',
1768:'or distribute such gifts for emergency preparedness purposes in accordance with the provisions of this title. e reimbursement the administrator',
1769:'may reimburse any federal agency for any of its expenditures or for compensation of its personnel and use or consumption',
1770:'of its materials and facilities under this title to the extent funds are available. f printing the administrator may purchase',
1771:'such printing, binding, and blank book work from public, commercial, or private printing establishments or binderies as the administrator considers',
1772:'necessary upon orders placed by the director of the government printing office or upon waivers issued in accordance with section',
1773:'504 of title 44. g rules and regulations the administrator may prescribe such rules and regulations as may be necessary',
1774:'and proper to carry out any of the provisions of this title and perform stafford act title vi §§ 616,',
1775:'621 any of the powers and duties provided by this title. the administrator may perform any of the powers and',
1776:'duties provided by this title through or with the aid of such officials of [fema] as the administrator may designate.',
1777:'h failure to expend contributions correctly 1 when, after reasonable notice and opportunity for hearing to the state or other',
1778:'person involved, the administrator finds that there is a failure to expend funds in accordance with the regulations, terms, and',
1779:'conditions established under this title for approved emergency preparedness plans, programs, or projects, the administrator may notify such state or',
1780:'person that further payments will not be made to the state or person from appropriations under this title or from',
1781:'funds otherwise available for the purposes of this title for any approved plan, program, or project with respect to which',
1782:'there is such failure to comply until the administrator is satisfied that there will no longer be any such failure.',
1783:'2 until so satisfied, the administrator shall either withhold the payment of any financial contribution to such state or person',
1784:'or limit payments to those programs or projects with respect to which there is substantial compliance with the regulations, terms,',
1785:'and conditions governing plans, programs, or projects hereunder. 3 as used in this subsection, the term “person” means the political',
1786:'subdivision of any state or combination or group thereof or any person, corporation, association, or other entity of any nature',
1787:'whatsoever, including instrumentalities of states and political subdivisions. sec. 622. security regulations 42 u.s.c. 5197a a establishment the administrator shall',
1788:'establish such security requirements and safeguards, including restrictions with respect to access to information and property as the administrator considers',
1789:'necessary. b limitation on employee access to information no employee of [fema] shall be permitted to have access to information',
1790:'or property with respect to which access restrictions have been established under this section, until it shall have been determined',
1791:'that no information is contained in the files of the federal bureau of investigation or any other investigative agency of',
1792:'the government indicating that such employee is of questionable loyalty or reliability for security purposes, or if any such information',
1793:'is so disclosed, until the federal bureau of investigation shall have conducted a full field investigation concerning such person and',
1794:'a report thereon shall have been evaluated in writing by the administrator. c national security positions no employee of [fema]',
1795:'shall occupy any position determined by the administrator to be of critical importance from the standpoint of national security until',
1796:'a full field investigation concerning such employee shall have been conducted by the director of the office of personnel management',
1797:'and a report thereon shall have been evaluated in writing by the administrator of [fema]. in the event such full',
1798:'field investigation by the director of the office of personnel management stafford act title vi §§ 621622 develops any data',
1799:'reflecting that such applicant for a position of critical importance is of questionable loyalty or reliability for security purposes, or',
1800:'if the administrator of [fema] for any other reason considers it to be advisable, such investigation shall be discontinued and',
1801:'a report thereon shall be referred to the administrator of [fema] for evaluation in writing. thereafter, the administrator of [fema]',
1802:'may refer the matter to the federal bureau of investigation for the conduct of a full field investigation by such',
1803:'bureau. the result of such latter investigation by such bureau shall be furnished to the administrator of [fema] for action.',
1804:'d employee oaths each federal employee of [fema] acting under the authority of this title, except the subjects of the',
1805:'united kingdom and citizens of canada specified in section 5197b of this title [section 621b], shall execute the loyalty oath',
1806:'or appointment affidavits prescribed by the director of the office of personnel management. each person other than a federal employee',
1807:'who is appointed to serve in a state or local organization for emergency preparedness shall before entering upon duties, take',
1808:'an oath in writing before a person authorized to administer oaths, which oath shall be substantially as follows: “i, do',
1809:'solemnly swear or affirm that i will support and defend the constitution of the united states against all enemies, foreign',
1810:'and domestic; that i will bear true faith and allegiance to the same; that i take this obligation freely, without',
1811:'any mental reservation or purpose of evasion; and that i will well and faithfully discharge the duties upon which i',
1812:'am about to enter. “and i do further swear or affirm that i do not advocate, nor am i a',
1813:'member or an affiliate of any organization, group, or combination of persons that advocates the overthrow of the government of',
1814:'the united states by force or violence; and that during such time as i am a member of name of',
1815:'emergency preparedness organization, i will not advocate nor become a member or an affiliate of any organization, group, or combination',
1816:'of persons that advocates the overthrow of the government of the united states by force or violence.” after appointment and',
1817:'qualification for office, the director of emergency preparedness of any state, and any subordinate emergency preparedness officer within such state',
1818:'designated by the director in writing, shall be qualified to administer any such oath within such state under such regulations',
1819:'as the director shall prescribe. any person who shall be found guilty of having falsely taken such oath shall be',
1820:'punished as provided in section 1621 of title 18. sec. 623. use of existing facilities 42 u.s.c. 5197b in performing',
1821:'duties under this title, the administrator 1 shall cooperate with the various departments and agencies of the federal government; 2',
1822:'shall use, to the maximum extent, the existing facilities and resources of the federal government and, with their consent, the',
1823:'facilities and resources of the states and political subdivisions thereof, and of other organizations and agencies; and 3 shall refrain',
1824:'from engaging in any form of activity which would duplicate or parallel stafford act title vi §§ 622623 activity of',
1825:'any other federal department or agency unless the administrator, with the written approval of the president, shall determine that such',
1826:'duplication is necessary to accomplish the purposes of this title. sec. 624. annual report to congress 42 u.s.c. 5197c the',
1827:'administrator shall annually submit a written report to the president and congress covering expenditures, contributions, work, and accomplishments of [fema]',
1828:'pursuant to this title, accompanied by such recommendations as the administrator considers appropriate. sec. 625. applicability of subchapter 42 u.s.c.',
1829:'5197d the provisions of this title shall be applicable to the united states, its states, territories and possessions, and the',
1830:'district of columbia, and their political subdivisions. sec. 626. authorization of appropriation and transfers of funds 42 u.s.c. 5197e a',
1831:'authorization of appropriations there are authorized to be appropriated such sums as may be necessary to carry out the provisions',
1832:'of this title. b transfer authority funds made available for the purposes of this title may be allocated or transferred',
1833:'for any of the purposes of this title, with the approval of the director of the office of management and',
1834:'budget, to any agency or government corporation designated to assist in carrying out this title. each such allocation or transfer',
1835:'shall be reported in full detail to the congress within 30 days after such allocation or transfer. sec. 627. relation',
1836:'to atomic energy act of 1954 42 u.s.c. 5197f nothing in this title shall be construed to alter or modify',
1837:'the provisions of the atomic energy act of 1954 42 u.s.c. 2011 et seq.. sec. 628. federal bureau of investigation',
1838:'42 u.s.c. 5197g nothing in this title shall be construed to authorize investigations of espionage, sabotage, or subversive acts by',
1839:'any persons other than personnel of the federal bureau of investigation. stafford act title vi §§ 623628 stafford act title',
1840:'vii § 701, 42 u.s.c. §§ 5204, 5204b title vii miscellaneous sec. 701. rules and regulations 42 u.s.c. 5201 a',
1841:'rules and regulations 1 the president may prescribe such rules and regulations as may be necessary and proper to carry',
1842:'out any of the provisions of this act, and he may exercise any power or authority conferred on him by',
1843:'any section of this act either directly or through such federal agency or agencies as he may designate. 2 deadline',
1844:'for payment of assistance rules and regulations authorized by paragraph 1 shall provide that payment of any assistance under this',
1845:'act to a state shall be completed within 60 days after the date of approval of such assistance. b in',
1846:'furtherance of the purposes of this act, the president or his delegate may accept and use bequests, gifts, or donations',
1847:'of service, money, or property, real, personal, or mixed, tangible, or intangible. all sums received under this subsection shall be',
1848:'deposited in a separate fund on the books of the treasury and shall be available for expenditure upon the certification',
1849:'of the president or his delegate. at the request of the president or his delegate, the secretary of the treasury',
1850:'may invest and reinvest excess monies in the fund. such investments shall be in public debt securities with maturities suitable',
1851:'for the needs of the fund and shall bear interest at rates determined by the secretary of the treasury, taking',
1852:'into consideration current market yields on outstanding marketable obligations of the united states of comparable maturities. the interest on such',
1853:'investments shall be credited to, and form a part of, the fund. insular areas disaster survival and recovery; definitions 42',
1854:'u.s.c. 5204 as used in sections 5204 to 5204c of this title 1 the term “insular area” means any of',
1855:'the following: american samoa, the federated states of micronesia, guam, the marshall islands, the northern mariana islands, the trust territory',
1856:'of the pacific islands, and the virgin islands; 2 the term “disaster” means a declaration of a major disaster by',
1857:'the president after september 1, 1989, pursuant to section 5170 of this title [section 401]; and 3 the term “secretary”',
1858:'means the secretary of the interior. technical assistance for insular areas 42 u.s.c. 5204b a upon the declaration by the',
1859:'president of a disaster in an insular area, the president, acting through the administrator of [fema], shall assess, in cooperation',
1860:'with the secretary and chief executive of such insular area, the capability of the insular government to respond to the',
1861:'disaster, including the capability to assess damage; coordinate activities with federal agencies, particularly [fema]; develop recovery plans, including recommendations for',
1862:'enhancing the survivability of essential infrastructure; negotiate this section was enacted as part of the omnibus insular areas act of',
1863:'1992. the trust territory of the pacific islands has been terminated. see note preceding 48 u.s.c. 1681. this section was',
1864:'enacted as part of the omnibus insular areas act of 1992. and manage reconstruction contracts; and prevent the misuse of',
1865:'funds. if the president finds that the insular government lacks any of these or other capabilities essential to the recovery',
1866:'effort, then the president shall provide technical assistance to the insular area which the president deems necessary for the recovery',
1867:'effort. b one year following the declaration by the president of a disaster in an insular area, the secretary, in',
1868:'consultation with the administrator of [fema], shall submit to the senate committee on energy and natural resources and the house',
1869:'committee on natural resources a report on the status of the recovery effort, including an audit of federal funds expended',
1870:'in the recovery effort and recommendations on how to improve public health and safety, survivability of infrastructure, recovery efforts, and',
1871:'effective use of funds in the event of future disasters. sec. 705. disaster grant closeout procedures 42 u.s.c. 5205 a',
1872:'statute of limitations 1 in general notwithstanding section 3716e of title 31, united states code, and except as provided in',
1873:'paragraph 2, no administrative action to recover any payment made to a state or local government for disaster or emergency',
1874:'assistance under this act shall be initiated in any forum after the date that is 3 years after the date',
1875:'of transmission of the final expenditure report for project completion as certified by the grantee. 2 fraud exception the limitation',
1876:'under paragraph 1 shall apply unless there is evidence of civil or criminal fraud. b rebuttal of presumption of record',
1877:'maintenance 1 in general in any dispute arising under this section after the date that is 3 years after the',
1878:'date of transmission of the final expenditure report for project completion as certified by the grantee, there shall be a',
1879:'presumption that accounting records were maintained that adequately identify the source and application of funds provided for financially assisted activities.',
1880:'2 affirmative evidence the presumption described in paragraph 1 may be rebutted only on production of affirmative evidence that the',
1881:'state or local government did not maintain documentation described in that paragraph. 3 inability to produce documentation the inability of',
1882:'the federal, state, or local government to produce source documentation supporting expenditure reports later than 3 years after the date',
1883:'of transmission of the final expenditure report for project completion as certified by the grantee shall not constitute evidence to',
1884:'rebut the presumption described in paragraph 1. stafford act title vii § 705, 42 u.s.c. §§ 5204b sec. 1216c2 of',
1885:'drra provides that a “with respect to disaster or emergency assistance provided to a state or local government on or',
1886:'after january 1, 2004 i no administrative action may be taken to recover a payment of such assistance after [october',
1887:'5, 2018] if the action is prohibited under [this paragraph] section, and ii any administrative action to recover a payment',
1888:'of such assistance that is pending on such date of enactment shall be terminated if the action is prohibited under',
1889:'[this paragraph].” and b such provision “may not be construed to invalidate or otherwise affect any administration action completed before',
1890:'[october 5, 2018].” 4 right of access the period during which the federal, state, or local government has the right',
1891:'to access source documentation shall not be limited to the required 3year retention period referred to in paragraph 3, but',
1892:'shall last as long as the records are maintained. c binding nature of grant requirements a state or local government',
1893:'shall not be liable for reimbursement or any other penalty for any payment made under this act if 1 the',
1894:'payment was authorized by an approved agreement specifying the costs; 2 the costs were reasonable; and 3 the purpose of',
1895:'the grant was accomplished. d facilitating closeout— 1 incentives the administrator of [fema] may develop incentives and penalties that encourage',
1896:'state, local, or indian tribal governments to close out expenditures and activities on a timely basis related to disaster or',
1897:'emergency assistance. 2 agency requirements [fema] shall, consistent with applicable regulations and required procedures, meet its responsibilities to improve closeout',
1898:'practices and reduce the time to close disaster program awards. buy american 42 u.s.c. 5206 a compliance with chapter 83',
1899:'of title 41 no funds authorized to be appropriated under [the disaster mitigation act of 2000] or any amendment made',
1900:'by this [the disaster mitigation act of 2000] may be expended by an entity unless the entity, in expending the',
1901:'funds, complies with chapter 83 of title 41. b debarment of persons convicted of fraudulent use of “made in america”',
1902:'labels 1 in general if the administrator of [fema] determines that a person has been convicted of intentionally affixing a',
1903:'label bearing a “made in america” inscription to any product sold in or shipped to the united states that is',
1904:'not made in america, the administrator shall determine, not later than 90 days after determining that the person has been',
1905:'so convicted, whether the person should be debarred from stafford act title vii § 705 sec. 1237 of drra provides:',
1906:'“certain recoupment prohibited. a in general.—notwithstanding any other provision of law, the agency shall deem any covered disaster assistance to',
1907:'have been properly procured, provided, and utilized, and shall restore any funding of covered disaster assistance previously provided but subsequently',
1908:'withdrawn or deobligated. b covered disaster assistance defined.—in this section, the term ‘‘covered disaster assistance’’ means assistance—1 provided to a',
1909:'local government pursuant to section 403, 406, or 407 of the [stafford act] 42 u.s.c. 5170b, 5172, or 5173; and',
1910:'2 with respect to which the inspector general of the department of homeland security has determined, after an audit, that',
1911:'a the agency deployed to the local government a technical assistance contractor to review field operations, provide eligibility advice, and',
1912:'assist with daytoday decisions; b the technical assistance contractor provided inaccurate information to the local government; and c the local',
1913:'government relied on the inaccurate information to determine that relevant contracts were eligible, reasonable, and reimbursable.” this section was enacted',
1914:'as part of the disaster mitigation act of 2000, pub. l. no. 106390. contracting under the [stafford act] 42 u.s.c.',
1915:'5121 et seq.. 2 definition of debar in this subsection, the term “debar” has the meaning given the term in',
1916:'section 2393c of title 10. sec. 706. firearms policies 42 u.s.c. 5207 a prohibition on confiscation of firearms no officer',
1917:'or employee of the united states including any member of the uniformed services, or person operating pursuant to or under',
1918:'color of federal law, or receiving federal funds, or under control of any federal official, or providing services to such',
1919:'an officer, employee, or other person, while acting in support of relief from a major disaster or emergency, may 1',
1920:'temporarily or permanently seize, or authorize seizure of, any firearm the possession of which is not prohibited under federal, state,',
1921:'or local law, other than for forfeiture in compliance with federal law or as evidence in a criminal investigation; 2',
1922:'require registration of any firearm for which registration is not required by federal, state, or local law; 3 prohibit possession',
1923:'of any firearm, or promulgate any rule, regulation, or order prohibiting possession of any firearm, in any place or by',
1924:'any person where such possession is not otherwise prohibited by federal, state, or local law; or 4 prohibit the carrying',
1925:'of firearms by any person otherwise authorized to carry firearms under federal, state, or local law, solely because such person',
1926:'is operating under the direction, control, or supervision of a federal agency in support of relief from the major disaster',
1927:'or emergency. b limitation nothing in this section shall be construed to prohibit any person in subsection a from requiring',
1928:'the temporary surrender of a firearm as a condition for entry into any mode of transportation used for rescue or',
1929:'evacuation during a major disaster or emergency, provided that such temporarily surrendered firearm is returned at the completion of such',
1930:'rescue or evacuation. c private rights of action 1 in general any individual aggrieved by a violation of this section',
1931:'may seek relief in an action at law, suit in equity, or other proper proceeding for redress against any person',
1932:'who subjects such individual, or causes such individual to be subjected, to the deprivation of any of the rights, privileges,',
1933:'or immunities secured by this section. 2 remedies in addition to any existing remedy in law or equity, under any',
1934:'law, an individual aggrieved by the seizure or confiscation of a firearm in violation of this section may bring an',
1935:'action for return of such firearm in the united states district court in the district in which that individual resides',
1936:'or in which such firearm may be found. 3 attorney fees in any action or proceeding to enforce this section,',
1937:'the court shall award the prevailing party, other than the united states, a reasonable attorney’s fee as part of the',
1938:'costs. stafford act title vii § 706. § 42 u.s.c. 5206 selected statutes 6 u.s.c. § 101 selected statutes from',
1939:'title 6 u.s. code— domestic security § 101. definitions in this chapter, the following definitions apply: 1 each of the',
1940:'terms ‘‘american homeland’’ and ‘‘homeland’’ means the united states. 2 the term ‘‘appropriate congressional committee’’ means any committee of the',
1941:'house of representatives or the senate having legislative or oversight jurisdiction under the rules of the house of representatives or',
1942:'the senate, respectively, over the matter concerned. 3 the term ‘‘assets’’ includes contracts, facilities, property, records, unobligated or unexpended balances',
1943:'of appropriations, and other funds or resources other than personnel. 4 the term ‘‘critical infrastructure’’ has the meaning given that',
1944:'term in section 5195ce of title 42. 5 the term ‘‘department’’ means the department of homeland security. 6 the term',
1945:'‘‘emergency response providers’’ includes federal, state, and local governmental and nongovernmental emergency public safety, fire, law enforcement, emergency response, emergency',
1946:'medical including hospital emergency facilities, and related personnel, agencies, and authorities. 7 the term ‘‘executive agency’’ means an executive agency',
1947:'and a military department, as defined, respectively, in sections 105 and 102 of title 5. 8 the term ‘‘functions’’ includes',
1948:'authorities, powers, rights, privileges, immunities, programs, projects, activities, duties, and responsibilities. 9 [defining ‘‘intelligence component of the department’’] 10 the',
1949:'term “key resources” means publicly or privately controlled resources essential to the minimal operations of the economy and government. 11',
1950:'the term “local government” means— a a county, municipality, city, town, township, local public authority, school district, special district, intrastate',
1951:'district, council of governments regardless of whether the council of governments is incorporated as a nonprofit corporation under state law,',
1952:'regional or interstate government entity, or agency or instrumentality of a local government; b an indian tribe or authorized tribal',
1953:'organization, or in alaska a native village or alaska regional native corporation; and c a rural community, unincorporated town or',
1954:'village, or other public entity. 12 the term “major disaster” has the meaning given in section 51222 of title 42.',
1955:'13 the term “personnel” means officers and employees. 14 the term “secretary” means the secretary of homeland security. 15 the',
1956:'term “state” means any state of the united states, the district of columbia, the commonwealth of puerto rico, the virgin',
1957:'islands, guam, american samoa, the commonwealth of the northern mariana islands, and any possession of the united states. 16 [defining',
1958:'“terrorism”] 17a the term “united states”, when used in a geographic sense, means any state of the united states, the',
1959:'district of columbia, the commonwealth of puerto rico, the virgin islands, guam, american samoa, the commonwealth of the northern mariana',
1960:'islands, any possession of the united states, and any waters within the jurisdiction of the united states. b nothing in',
1961:'this paragraph or any other provision of this chapter shall be construed to modify the definition of “united states” for',
1962:'the purposes of the immigration and nationality act [8 u.s.c. 1101 et seq.] or any other immigration or nationality law.',
1963:'18 the term “voluntary preparedness standards” means a common set of criteria for preparedness, disaster management, emergency management, and business',
1964:'continuity programs, such as the american national standards institute’s national fire protection association standard on disaster/emergency management and business continuity',
1965:'programs ansi/nfpa 1600. §111. executive department; mission a establishment—there is established a department of homeland security, as an executive department',
1966:'of the united states within the meaning of title 5. b mission 1 in general—the primary mission of the department',
1967:'is to— a prevent terrorist attacks within the united states; b reduce the vulnerability of the united states to terrorism;',
1968:'c minimize the damage, and assist in the recovery, from terrorist attacks that do occur within the united states; d',
1969:'carry out all functions of entities transferred to the department, including by acting as a focal point regarding natural and',
1970:'manmade crises and emergency planning; e ensure that the functions of the agencies and subdivisions within the department that are',
1971:'not related directly to securing the homeland are not diminished or neglected except by a specific explicit act of congress;',
1972:'f ensure that the overall economic security of the united states is not diminished by efforts, activities, and programs aimed',
1973:'at securing the homeland; g ensure that the civil rights and civil liberties of persons are not diminished by efforts,',
1974:'activities, and programs aimed at securing the homeland; and h monitor connections between illegal drug trafficking and terrorism, coordinate efforts',
1975:'to sever such connections, and otherwise contribute to efforts to interdict illegal drug trafficking. 2 [responsibility for investigating and prosecuting',
1976:'terrorism] §112. secretary; functions a secretary 1 in general—there is a secretary of homeland security, appointed by the president, by',
1977:'and with the advice and consent of the senate. 2 head of department—the secretary is the head of the department',
1978:'and shall have direction, authority, and control over it. 3 functions vested in secretary— all functions of all officers, selected',
1979:'statutes 6 u.s.c. §§ 111112 employees, and organizational units of the department are vested in the secretary. b functions—the secretary—',
1980:'1 except as otherwise provided by this chapter, may delegate any of the secretary’s functions to any officer, employee, or',
1981:'organizational unit of the department; 2 shall have the authority to make contracts, grants, and cooperative agreements, and to enter',
1982:'into agreements with other executive agencies, as may be necessary and proper to carry out the secretary’s responsibilities under this',
1983:'chapter or otherwise provided by law; and 3 shall take reasonable steps to ensure that information systems and databases of',
1984:'the department are compatible with each other and with appropriate databases of other departments. c coordination with nonfederal entities—with respect',
1985:'to homeland security, the secretary shall coordinate through the office of state and local coordination established under section 361 of',
1986:'this title including the provision of training and equipment with state and local government personnel, agencies, and authorities, with the',
1987:'private sector, and with other entities, including by— 1 coordinating with state and local government personnel, agencies, and authorities, and',
1988:'with the private sector, to ensure adequate planning, equipment, training, and exercise activities; 2 coordinating and, as appropriate, consolidating, the',
1989:'federal government’s communications and systems of communications relating to homeland security with state and local government personnel, agencies, and authorities,',
1990:'the private sector, other entities, and the public; and 3 distributing or, as appropriate, coordinating the distribution of, warnings and',
1991:'information to state and local government personnel, agencies, and authorities and to the public. d [meetings of national security council]',
1992:'e issuance of regulations—the issuance of regulations by the secretary shall be governed by the provisions of chapter 5 of',
1993:'title 5, except as specifically provided in this chapter, in laws granting regulatory authorities that are transferred by this chapter,',
1994:'and in laws enacted after november 25, 2002. f special assistant to the secretary— the secretary shall appoint a special',
1995:'assistant to the secretary who shall be responsible for— 1 creating and fostering strategic communications with the private sector to',
1996:'enhance the primary mission of the department to protect the american homeland; 2 advising the secretary on the impact of',
1997:'the department’s policies, regulations, processes, and actions on the private sector; 3 interfacing with other relevant federal agencies with homeland',
1998:'security missions to assess the impact of these agencies’ actions on the private sector; 4 creating and managing private sector',
1999:'advisory councils composed of representatives of industries and selected statutes 6 u.s.c. § 112 so in original. probably should be',
2000:'“office of state and local government coordination.” associations designated by the secretary to— a advise the secretary on private sector',
2001:'products, applications, and solutions as they relate to homeland security challenges; b advise the secretary on homeland security policies, regulations,',
2002:'processes, and actions that affect the participating industries and associations; and c advise the secretary on private sector preparedness issues,',
2003:'including effective methods for— i promoting voluntary preparedness standards to the private sector; and ii assisting the private sector in',
2004:'adopting voluntary preparedness standards; 5 working with federal laboratories, federally funded research and development centers, other federally funded organizations, academia,',
2005:'and the private sector to develop innovative approaches to address homeland security challenges to produce and deploy the best available',
2006:'technologies for homeland security missions; 6 promoting existing publicprivate partnerships and developing new public private partnerships to provide for collaboration',
2007:'and mutual support to address homeland security challenges; 7 assisting in the development and promotion of private sector best practices',
2008:'to secure critical infrastructure; 8 providing information to the private sector regarding voluntary preparedness standards and the business justification for',
2009:'preparedness and promoting to the private sector the adoption of voluntary preparedness standards; 9 coordinating industry efforts, with respect to',
2010:'functions of the department of homeland security, to identify private sector resources and capabilities that could be effective in supplementing',
2011:'federal, state, and local government agency efforts to prevent or respond to a terrorist attack; 10 coordinating with the directorate',
2012:'of border and transportation security and the assistant secretary for trade development of the department of commerce on issues related',
2013:'to the travel and tourism industries; and 11 consulting with the office of state and local government coordination and preparedness',
2014:'on all matters of concern to the private sector, including the tourism industry. g [standards policy] §113. other officers a',
2015:'deputy secretary; under secretaries— there are the following officers, appointed by the president, by and with the advice and consent',
2016:'of the senate: [1 to 3 deputy secretary of homeland security, under secretary for science and technology; under secretary for',
2017:'border and transportation security] 4 an administrator of the federal emergency management agency. [5 to 9 director of the bureau',
2018:'of citizenship and immigration services; under secretary for management; director of the office of counternarcotics enforcement; under secretary responsible for',
2019:'overseeing critical infrastructure protection, cybersecurity, and other related programs of the department; not more than 12 assistant secretaries] 10 a',
2020:'general counsel, who shall selected statutes 6 u.s.c. §§ 112113 be the chief legal officer of the department. b inspector',
2021:'general—there shall be in the department an office of inspector general and an inspector general at the head of such',
2022:'office, as provided in the inspector general act of 1978 5 u.s.c. app.. c [commandant of the coast guard] d',
2023:'[other officers] e [chief financial officer] f performance of specific functions— subject to the provisions of this chapter, every officer',
2024:'of the department shall perform the functions specified by law for the official’s office or prescribed by the secretary. §238.',
2025:'office for domestic preparedness a in general—the office for domestic preparedness shall be within the directorate of border and transportation',
2026:'security. b [director] c responsibilities—the office for domestic preparedness shall have the primary responsibility within the executive branch of government',
2027:'for the preparedness of the united states for acts of terrorism, including— 1 coordinating preparedness efforts at the federal level,',
2028:'and working with all state, local, tribal, parish, and private sector emergency response providers on all matters pertaining to combating',
2029:'terrorism, including training, exercises, and equipment support; 2 coordinating or, as appropriate, consolidating communications and systems of communications relating to',
2030:'homeland security at all levels of government; 3 directing and supervising terrorism preparedness grant programs of the federal government other',
2031:'than those programs administered by the department of health and human services for all emergency response providers; 4 incorporating the',
2032:'strategy priorities into planning guidance on an agency level for the preparedness efforts of the office for domestic preparedness; 5',
2033:'providing agencyspecific training for agents and analysts within the department, other agencies, and state and local agencies and international entities;',
2034:'6 as the lead executive branch agency for preparedness of the united states for acts of terrorism, cooperating closely with',
2035:'the federal emergency management agency, which shall have the primary responsibility within the executive branch to prepare for and mitigate',
2036:'the effects of nonterroristrelated disasters in the united states; 7 assisting and supporting the secretary, in coordination with other directorates',
2037:'and entities outside the department, in conducting appropriate risk analysis and risk management activities of state, local, and tribal governments',
2038:'consistent with the mission and functions of the directorate; 8 those elements of the office of national preparedness of the',
2039:'federal emergency management agency which relate to terrorism, which shall be consolidated within the department in the office for domestic',
2040:'preparedness established under this section; and 9 helping to ensure the acquisition selected statutes 6 u.s.c. §§ 113, 238 of',
2041:'interoperable communication technology by state and local governments and emergency response providers. d [fiscal years 2003 and 2004] §311. definitions',
2042:'in this subchapter— 1 the term “administrator” means the administrator of the agency; 2 the term “agency” means the federal',
2043:'emergency management agency; 3 the term “catastrophic incident” means any natural disaster, act of terrorism, or other manmade disaster that',
2044:'results in extraordinary levels of casualties or damage or disruption severely affecting the population including mass evacuations, infrastructure, environment, economy,',
2045:'national morale, or government functions in an area; 4 the terms “credentialed” and “credentialing” mean having provided, or providing, respectively,',
2046:'documentation that identifies personnel and authenticates and verifies the qualifications of such personnel by ensuring that such personnel possess a',
2047:'minimum common level of training, experience, physical and medical fitness, and capability appropriate for a particular position in accordance with',
2048:'standards created under section 320 of this title; 5 the term “federal coordinating officer” means a federal coordinating officer as',
2049:'described in section 5143 of title 42; 6 the term “interoperable” has the meaning given the term “interoperable communications” under',
2050:'section 194g 1 of this title; 7 the term “national incident management system” means a system to enable effective, efficient,',
2051:'and collaborative incident management; 8 the term “national response plan” means the national response plan or any successor plan prepared',
2052:'under section 314a6 1 of this title; 9 the term “regional administrator” means a regional administrator appointed under section 317',
2053:'of this title; 10 the term “regional office” means a regional office established under section 317 of this title; 11',
2054:'the term “resources” means personnel and major items of equipment, supplies, and facilities available or potentially available for responding to',
2055:'a natural disaster, act of terrorism, or other manmade disaster; 12 the term “surge capacity” means the ability to rapidly',
2056:'and substantially increase the provision of search and rescue capabilities, food, water, medicine, shelter and housing, medical care, evacuation capacity,',
2057:'staffing including disaster assistance employees, and other resources necessary to save lives and protect property during a catastrophic incident; 13',
2058:'the term “tribal government” means the government of any entity described in section 10111b of this title; and 14 the',
2059:'terms “typed” and “typing” mean having evaluated, or evaluating, respectively, a resource in accordance with standards created under section 320',
2060:'of this title. selected statutes 6 u.s.c. § 311 section 7303g1 of the intelligence reform and terrorism prevention act of',
2061:'2004 6 u.s.c. 194g1. §312. definition in this subchapter, the term “nuclear incident response team” means a resource that includes—',
2062:'1 those entities of the department of energy that perform nuclear or radiological emergency support functions including accident response, search',
2063:'response, advisory, and technical operations functions, radiation exposure functions at the medical assistance facility known as the radiation emergency assistance',
2064:'center/training site reac/ts, radiological assistance functions, and related functions; and 2 those entities of the environmental protection agency that perform',
2065:'such support functions including radiological emergency response functions and related functions. §313. federal emergency management agency a in general—there is',
2066:'in the department the federal emergency management agency, headed by an administrator. b mission 1 primary mission—the primary mission of',
2067:'the agency is to reduce the loss of life and property and protect the nation from all hazards, including natural',
2068:'disasters, acts of terrorism, and other manmade disasters, by leading and supporting the nation in a riskbased, comprehensive emergency management',
2069:'system of preparedness, protection, response, recovery, and mitigation. 2 specific activities—in support of the primary mission of the agency, the',
2070:'administrator shall— a lead the nation’s efforts to prepare for, protect against, respond to, recover from, and mitigate against the',
2071:'risk of natural disasters, acts of terrorism, and other manmade disasters, including catastrophic incidents; b partner with state, local, and',
2072:'tribal governments and emergency response providers, with other federal agencies, with the private sector, and with nongovernmental organizations to build',
2073:'a national system of emergency management that can effectively and efficiently utilize the full measure of the nation’s resources to',
2074:'respond to natural disasters, acts of terrorism, and other manmade disasters, including catastrophic incidents; c develop a federal response capability',
2075:'that, when necessary and appropriate, can act effectively and rapidly to deliver assistance essential to saving lives or protecting or',
2076:'preserving property or public health and safety in a natural disaster, act of terrorism, or other manmade disaster; d integrate',
2077:'the agency’s emergency preparedness, protection, response, recovery, and mitigation responsibilities to confront effectively the challenges of a natural disaster, act',
2078:'of terrorism, or other manmade disaster; e develop and maintain robust regional offices that will work with state, local, and',
2079:'tribal governments, emergency response providers, and other appropriate entities to identify and address regional priorities; f under the leadership of',
2080:'the secretary, coordinate with the commandant of the coast guard, the director of customs and bor selected statutes 6 u.s.c.',
2081:'§§ 312, 313 der protection, the director of immigration and customs enforcement, the national operations center, and other agencies and',
2082:'offices in the department to take full advantage of the substantial range of resources in the department; g provide funding,',
2083:'training, exercises, technical assistance, planning, and other assistance to build tribal, local, state, regional, and national capabilities including communications capabilities,',
2084:'necessary to respond to a natural disaster, act of terrorism, or other manmade disaster; and h develop and coordinate the',
2085:'implementation of a riskbased, allhazards strategy for preparedness that builds those common capabilities necessary to respond to natural disasters, acts',
2086:'of terrorism, and other manmade disasters while also building the unique capabilities necessary to respond to specific types of incidents',
2087:'that pose the greatest risk to our nation. c administrator 1 in general—the administrator shall be appointed by the president,',
2088:'by and with the advice and consent of the senate. 2 qualifications—the administrator shall be appointed from among individuals who',
2089:'have— a a demonstrated ability in and knowledge of emergency management and homeland security; and b not less than 5',
2090:'years of executive leadership and management experience in the public or private sector. 3 reporting—the administrator shall report to the',
2091:'secretary, without being required to report through any other official of the department. 4 principal advisor on emergency management— a',
2092:'in general—the administrator is the principal advisor to the president, the homeland security council, and the secretary for all matters',
2093:'relating to emergency management in the united states. b advice and recommendations— i in general—in presenting advice with respect to',
2094:'any matter to the president, the homeland security council, or the secretary, the administrator shall, as the administrator considers appropriate,',
2095:'inform the president, the homeland security council, or the secretary, as the case may be, of the range of emergency',
2096:'preparedness, protection, response, recovery, and mitigation options with respect to that matter. ii advice on request—the administrator, as the principal',
2097:'advisor on emergency management, shall provide advice to the president, the homeland security council, or the secretary on a particular',
2098:'matter when the president, the homeland security council, or the secretary requests such advice. iii recommendations to congress— after informing',
2099:'the secretary, the administrator may make such recommendations to congress relating to emergency management as the selected statutes 6 u.s.c.',
2100:'§ 313 administrator considers appropriate. 5 cabinet status a in general—the president may designate the administrator to serve as a',
2101:'member of the cabinet in the event of natural disasters, acts of terrorism, or other manmade disasters. b retention of',
2102:'authority— nothing in this paragraph shall be construed as affecting the authority of the secretary under this chapter. §314. authority',
2103:'and responsibilities a in general—the administrator shall provide federal leadership necessary to prepare for, protect against, respond to, recover from,',
2104:'or mitigate against a natural disaster, act of terrorism, or other manmade disaster, including— 1 helping to ensure the effectiveness',
2105:'of emergency response providers to terrorist attacks, major disasters, and other emergencies; 2 with respect to the nuclear incident response',
2106:'team regardless of whether it is operating as an organizational unit of the department pursuant to this subchapter— a establishing',
2107:'standards and certifying when those standards have been met; b conducting joint and other exercises and training and evaluating performance;',
2108:'and c providing funds to the department of energy and the environmental protection agency, as appropriate, for homeland security planning,',
2109:'exercises and training, and equipment; 3 providing the federal government’s response to terrorist attacks and major disasters, including— a managing',
2110:'such response; b directing the domestic emergency support team and when operating as an organizational unit of the department pursuant',
2111:'to this subchapter the nuclear incident response team; c overseeing the metropolitan medical response system; and d coordinating other federal',
2112:'response resources, including requiring deployment of the strategic national stockpile, in the event of a terrorist attack or major disaster;',
2113:'4 aiding the recovery from terrorist attacks and major disasters; 5 building a comprehensive national incident management system with federal,',
2114:'state, and local government personnel, agencies, and authorities, to respond to such attacks and disasters; 6 consolidating existing federal government',
2115:'emergency response plans into a single, coordinated national response plan; 7 helping ensure the acquisition of operable and interoperable communications',
2116:'capabilities by federal, state, local, and tribal governments and emergency response providers; 8 assisting the president in carrying out the',
2117:'functions under the robert t. stafford disaster relief and emergency assistance act 42 u.s.c. 5121 et seq. and carrying out',
2118:'all functions and authorities given to the administrator under that act; 9 carrying out the mission of the agency to',
2119:'reduce the loss of life and property and protect the nation from selected statutes 6 u.s.c. §§ 313, 314 all',
2120:'hazards by leading and supporting the nation in a riskbased, comprehensive emergency management system of— a mitigation, by taking sustained',
2121:'actions to reduce or eliminate longterm risks to people and property from hazards and their effects; b preparedness, by planning,',
2122:'training, and building the emergency management profession to prepare effectively for, mitigate against, respond to, and recover from any hazard;',
2123:'c response, by conducting emergency operations to save lives and property through positioning emergency equipment, personnel, and supplies, through evacuating',
2124:'potential victims, through providing food, water, shelter, and medical care to those in need, and through restoring critical public services;',
2125:'and d recovery, by rebuilding communities so individuals, businesses, and governments can function on their own, return to normal life,',
2126:'and protect against future hazards; 10 increasing efficiencies, by coordinating efforts relating to preparedness, protection, response, recovery, and mitigation; 11',
2127:'helping to ensure the effectiveness of emergency response providers in responding to a natural disaster, act of terrorism, or other',
2128:'manmade disaster; 12 supervising grant programs administered by the agency; 13 administering and ensuring the implementation of the national response',
2129:'plan, including coordinating and ensuring the readiness of each emergency support function under the national response plan; 14 coordinating with',
2130:'the national advisory council established under section 318 of this title; 15 preparing and implementing the plans and programs of',
2131:'the federal government for— a continuity of operations; b continuity of government; and c continuity of plans; 16 minimizing, to',
2132:'the extent practicable, overlapping planning and reporting requirements applicable to state, local, and tribal governments and the private sector; 17',
2133:'maintaining and operating within the agency the national response coordination center or its successor; 18 developing a national emergency management',
2134:'system that is capable of preparing for, protecting against, responding to, recovering from, and mitigating against catastrophic incidents; 19 assisting',
2135:'the president in carrying out the functions under the national preparedness goal and the national preparedness system and carrying out',
2136:'all functions and authorities of the administrator under the national preparedness system; 20 carrying out all authorities of the federal',
2137:'emergency management agency and the directorate of preparedness of the department as transferred under section 315 of this title; and',
2138:'21 otherwise carrying out the mission of the agency as described in section 313b of this title. selected statutes 6',
2139:'u.s.c. § 314 b allhazards approach—in carrying out the responsibilities under this section, the administrator shall coordinate the implementation of',
2140:'a risk based, allhazards strategy that builds those common capabilities necessary to prepare for, protect against, respond to, recover from,',
2141:'or mitigate against natural disasters, acts of terrorism, and other manmade disasters, while also building the unique capabilities necessary to',
2142:'prepare for, protect against, respond to, recover from, or mitigate against the risks of specific types of incidents that pose',
2143:'the greatest risk to the nation. §314a. fema programs notwithstanding any other provision of federal law, as of april 1,',
2144:'2007, the director of the federal emergency management agency shall be responsible for the radiological emergency preparedness program and the',
2145:'chemical stockpile emergency preparedness program. §315. functions transferred a in general—except as provided in subsection b, there are transferred to',
2146:'the agency the following: 1 all functions of the federal emergency management agency, including existing responsibilities for emergency alert systems',
2147:'and continuity of operations and continuity of government plans and programs as constituted on june 1, 2006, including all of',
2148:'its personnel, assets, components, authorities, grant programs, and liabilities, and including the functions of the under secretary for federal emergency',
2149:'management relating thereto. 2 the directorate of preparedness, as constituted on june 1, 2006, including all of its functions, personnel,',
2150:'assets, components, authorities, grant programs, and liabilities, and including the functions of the under secretary for preparedness relating thereto. b',
2151:'exceptions—the following within the preparedness directorate shall not be transferred: 1 the office of infrastructure protection. 2 the national communications',
2152:'system. 3 the national cybersecurity division. 4 the office of the chief medical officer. 5 the functions, personnel, assets, components,',
2153:'authorities, and liabilities of each component described under paragraphs 1 through 4. §316. preserving the federal emergency management agency a',
2154:'distinct entity—the agency shall be maintained as a distinct entity within the department. b reorganization—section 452 of this title shall',
2155:'not apply to the agency, including any function or organizational unit of the agency. c prohibition on changes to missions',
2156:'1 in general—the secretary may not substantially or significantly reduce the authorities, responsibilities, or functions of the agency or the',
2157:'capability of the agency to perform those missions, authorities, responsibilities, except as otherwise specifically provided in an act enacted after',
2158:'october 4, 2006. 2 certain transfers prohibited— no asset, function, or mission of selected statutes 6 u.s.c. §§ 314, 314a,',
2159:'315, 316 the agency may be diverted to the principal and continuing use of any other organization, unit, or entity',
2160:'of the department, except for details or assignments that do not reduce the capability of the agency to perform its',
2161:'missions. d reprogramming and transfer of funds—in reprogramming or transferring funds, the secretary shall comply with any applicable provisions of',
2162:'any act making appropriations for the department for fiscal year 2007, or any succeeding fiscal year, relating to the reprogramming',
2163:'or transfer of funds. §317. regional offices a in general—there are in the agency 10 regional offices, as identified by',
2164:'the administrator. b management of regional offices 1 regional administrator— each regional office shall be headed by a regional administrator',
2165:'who shall be appointed by the administrator, after consulting with state, local, and tribal government officials in the region. each',
2166:'regional administrator shall report directly to the administrator and be in the senior executive service. 2 qualifications a in general—each',
2167:'regional administrator shall be appointed from among individuals who have a demonstrated ability in and knowledge of emergency management and',
2168:'homeland security. b considerations—in selecting a regional administrator for a regional office, the administrator shall consider the familiarity of an',
2169:'individual with the geographical area and demographic characteristics of the population served by such regional office. c responsibilities 1 in',
2170:'general—the regional administrator shall work in partnership with state, local, and tribal governments, emergency managers, emergency response providers, medical providers,',
2171:'the private sector, nongovernmental organizations, multijurisdictional councils of governments, and regional planning commissions and organizations in the geographical area served',
2172:'by the regional office to carry out the responsibilities of a regional administrator under this section. 2 responsibilities—the responsibilities of',
2173:'a regional administrator include— a ensuring effective, coordinated, and integrated regional preparedness, protection, response, recovery, and mitigation activities and programs',
2174:'for natural disasters, acts of terrorism, and other manmade disasters including planning, training, exercises, and professional development; b assisting in',
2175:'the development of regional capabilities needed for a national catastrophic response system; c coordinating the establishment of effective regional operable',
2176:'and interoperable emergency communications capabilities; d staffing and overseeing 1 or more strike teams within the region under subsection f,',
2177:'to serve as the focal point of the federal government’s initial response efforts for natural disasters, acts of terrorism, and',
2178:'other manmade disasters within that region, and otherwise building federal re selected statutes 6 u.s.c. §§ 316, 317 sponse capabilities',
2179:'to respond to natural disasters, acts of terrorism, and other manmade disasters within that region; e designating an individual responsible',
2180:'for the development of strategic and operational regional plans in support of the national response plan; f fostering the development',
2181:'of mutual aid and other cooperative agreements; g identifying critical gaps in regional capabilities to respond to populations with special',
2182:'needs; h maintaining and operating a regional response coordination center or its successor; i coordinating with the private sector to',
2183:'help ensure private sector preparedness for natural disasters, acts of terrorism, and other manmade disasters; j assisting state, local, and',
2184:'tribal governments, where appropriate, to preidentify and evaluate suitable sites where a multijurisdictional incident command system may quickly be established',
2185:'and operated from, if the need for such a system arises; and k performing such other duties relating to such',
2186:'responsibilities as the administrator may require. 3 training and exercise requirements a training—the administrator shall require each regional administrator to',
2187:'undergo specific training periodically to complement the qualifications of the regional administrator. such training, as appropriate, shall include training with',
2188:'respect to the national incident management system, the national response plan, and such other subjects as determined by the administrator.',
2189:'b exercises. the administrator shall require each regional administrator to participate as appropriate in regional and national exercises. d area',
2190:'offices 1 in general—there is an area office for the pacific and an area office for the caribbean, as components',
2191:'in the appropriate regional offices. 2 alaska—the administrator shall establish an area office in alaska, as a component in the',
2192:'appropriate regional office. e regional advisory council 1 establishment—each regional administrator shall establish a regional advisory council. 2 nominations—a state,',
2193:'local, or tribal government located within the geographic area served by the regional office may nominate officials, including adjutants general',
2194:'and emergency managers, to serve as members of the regional advisory council for that region. 3 responsibilities—each regional advisory council',
2195:'shall— a advise the regional administrator on emergency management issues specific to that region; b identify any geographic, demographic, or',
2196:'other characteristics peculiar to any state, local, or tribal government within the region that might make preparedness, protection, response, recovery,',
2197:'or mitigation more complicated or difficult; and c advise the regional admin selected statutes 6 u.s.c. § 317 istrator of',
2198:'any weaknesses or deficiencies in preparedness, protection, response, recovery, and mitigation for any state, local, and tribal government within the',
2199:'region of which the regional advisory council is aware. f regional office strike teams 1 in general—in coordination with other',
2200:'relevant federal agencies, each regional administrator shall oversee multiagency strike teams authorized under section 5144 of title 42 that shall',
2201:'consist of— a a designated federal coordinating officer; b personnel trained in incident management; c public affairs, response and recovery,',
2202:'and communications support personnel; d a defense coordinating officer; e liaisons to other federal agencies; f such other personnel as',
2203:'the administrator or regional administrator determines appropriate; and g individuals from the agencies with primary responsibility for each of the',
2204:'emergency support functions in the national response plan. 2 other duties—the duties of an individual assigned to a regional office',
2205:'strike team from another relevant agency when such individual is not functioning as a member of the strike team shall',
2206:'be consistent with the emergency preparedness activities of the agency that employs such individual. 3 location of members—the members of',
2207:'each regional office strike team, including representatives from agencies other than the department, shall be based primarily within the region',
2208:'that corresponds to that strike team. 4 coordination—each regional office strike team shall coordinate the training and exercises of that',
2209:'strike team with the state, local, and tribal governments and private sector and nongovernmental entities which the strike team shall',
2210:'support when a natural disaster, act of terrorism, or other manmade disaster occurs. 5 preparedness—each regional office strike team shall',
2211:'be trained as a unit on a regular basis and equipped and staffed to be well prepared to respond to',
2212:'natural disasters, acts of terrorism, and other manmade disasters, including catastrophic incidents. 6 authorities— if the administrator determines that statutory',
2213:'authority is inadequate for the preparedness and deployment of individuals in strike teams under this subsection, the administrator shall report',
2214:'to congress regarding the additional statutory authorities that the administrator determines are necessary. §318. national advisory council a establishment—not later',
2215:'than 60 days after october 4, 2006, the secretary shall establish an advisory body under section 451a of this title',
2216:'to ensure effective and ongoing coordination of federal preparedness, protection, response, recovery, and mitigation for natural disasters, acts of terrorism,',
2217:'and other manmade disasters, to be known as the national advisory council. selected statutes 6 u.s.c. §§ 317, 318 b',
2218:'responsibilities 1 in general—the national advisory council shall advise the administrator on all aspects of emergency management. the national advisory',
2219:'council shall incorporate state, local, and tribal government and private sector input in the development and revision of the national',
2220:'preparedness goal, the national preparedness system, the national incident management system, the national response plan, and other related plans and',
2221:'strategies. 2 consultation on grants—to ensure input from and coordination with state, local, and tribal governments and emergency response providers,',
2222:'the administrator shall regularly consult and work with the national advisory council on the administration and assessment of grant programs',
2223:'administered by the department, including with respect to the development of program guidance and the development and evaluation of riskassessment',
2224:'methodologies, as appropriate. c membership 1 in general—the members of the national advisory council shall be appointed by the administrator,',
2225:'and shall, to the extent practicable, represent a geographic including urban and rural and substantive cross section of officials, emergency',
2226:'managers, and emergency response providers from state, local, and tribal governments, the private sector, and nongovernmental organizations, including as appropriate—',
2227:'a members selected from the emergency management field and emergency response providers, including fire service, law enforcement, hazardous materials response,',
2228:'emergency medical services, and emergency management personnel, or organizations representing such individuals; b health scientists, emergency and inpatient medical providers,',
2229:'and public health professionals; c experts from federal, state, local, and tribal governments, and the private sector, representing standardssetting and',
2230:'accrediting organizations, including representatives from the voluntary consensus codes and standards development community, particularly those with expertise in the emergency',
2231:'preparedness and response field; d state, local, and tribal government officials with expertise in preparedness, protection, response, recovery, and mitigation,',
2232:'including adjutants general; e elected state, local, and tribal government executives; f experts in public and private sector infrastructure protection,',
2233:'cybersecurity, and communications; g representatives of individuals with disabilities and other populations with special needs; and h such other individuals',
2234:'as the administrator determines to be appropriate. 2 coordination with the departments of health and human services and transportation— in',
2235:'the selection of members of the national advisory council who are health or emergency medical services professionals, the administrator shall',
2236:'work with the secretary of health and human services and the secretary of transportation. selected statutes 6 u.s.c. § 318',
2237:'3 ex officio members—the administrator shall designate 1 or more officers of the federal government to serve as ex officio',
2238:'members of the national advisory council. 4 terms of office— a in general—except as provided in subparagraph b, the term',
2239:'of office of each member of the national advisory council shall be 3 years. b initial appointments—of the members initially',
2240:'appointed to the national advisory council— i onethird shall be appointed for a term of 1 year; and ii onethird',
2241:'shall be appointed for a term of 2 years. d applicability of federal advisory committee act 1 in general—notwithstanding section',
2242:'451a of this title and subject to paragraph 2, the federal advisory committee act 5 u.s.c. app., including subsections a,',
2243:'b, and d of section 10 of such act, and section 552bc of title 5 shall apply to the national',
2244:'advisory council. 2 termination—section 14a2 of the federal advisory committee act 5 u.s.c. app. shall not apply to the national',
2245:'advisory council. §319. national integration center a in general—there is established in the agency a national integration center. b responsibilities',
2246:'1 in general—the administrator, through the national integration center, and in consultation with other federal departments and agencies and the',
2247:'national advisory council, shall ensure ongoing management and maintenance of the national incident management system, the national response plan, and',
2248:'any successor to such system or plan. 2 specific responsibilities—the national integration center shall periodically review, and revise as appropriate,',
2249:'the national incident management system and the national response plan, including— a establishing, in consultation with the director of the',
2250:'corporation for national and community service, a process to better use volunteers and donations; b improving the use of federal,',
2251:'state, local, and tribal resources and ensuring the effective use of emergency response providers at emergency scenes; and c revising',
2252:'the catastrophic incident annex, finalizing and releasing the catastrophic incident supplement to the national response plan, and ensuring that both',
2253:'effectively address response requirements in the event of a catastrophic incident. c incident management 1 in general— a national response',
2254:'plan— the secretary, acting through the administrator, shall ensure that the national response plan provides for a clear chain of',
2255:'command to lead and coordinate the federal response to any natural disaster, act of terrorism, or other manmade disaster. b',
2256:'administrator—the chain of the command specified in the national response plan shall— i provide for a role for the administrator',
2257:'consistent with the selected statutes 6 u.s.c. §§ 318, 319 role of the administrator as the principal emergency management advisor',
2258:'to the president, the homeland security council, and the secretary under section 313c4 of this title and the responsibility of',
2259:'the administrator under the post katrina emergency management reform act of 2006, and the amendments made by that act, relating',
2260:'to natural disasters, acts of terrorism, and other manmade disasters; and ii provide for a role for the federal coordinating',
2261:'officer consistent with the responsibilities under section 5143b of title 42. 2 principal federal official— the principal federal official or',
2262:'the successor thereto shall not— a direct or replace the incident command structure established at the incident; or b have',
2263:'directive authority over the senior federal law enforcement official, federal coordinating officer, or other federal and state officials. §320. credentialing',
2264:'and typing a in general—the administrator shall enter into a memorandum of understanding with the administrators of the emergency management',
2265:'assistance compact, state, local, and tribal governments, and organizations that represent emergency response providers, to collaborate on developing standards for',
2266:'deployment capabilities, including for credentialing and typing of incident management personnel, emergency response providers, and other personnel including temporary personnel',
2267:'and resources likely needed to respond to natural disasters, acts of terrorism, and other manmade disasters. b distribution 1 in',
2268:'general—not later than 1 year after august 3, 2007, the administrator shall provide the standards developed under subsection a, including',
2269:'detailed written guidance, to— a each federal agency that has responsibilities under the national response plan to aid that agency',
2270:'with credentialing and typing incident management personnel, emergency response providers, and other personnel including temporary personnel and resources likely needed',
2271:'to respond to a natural disaster, act of terrorism, or other manmade disaster; and b state, local, and tribal governments,',
2272:'to aid such governments with credentialing and typing of state, local, and tribal incident management personnel, emergency response providers, and',
2273:'other personnel including temporary personnel and resources likely needed to respond to a natural disaster, act of terrorism, or other',
2274:'manmade disaster. 2 assistance—the administrator shall provide expertise and technical assistance to aid federal, state, local, and tribal government agencies',
2275:'with credentialing and typing incident management personnel, emergency response providers, and other personnel including temporary personnel and resources likely needed',
2276:'to respond to a natural disaster, act of terrorism, or other manmade disaster. selected statutes 6 u.s.c. §§ 319, 320',
2277:'c credentialing and typing of personnel— not later than 6 months after receiving the standards provided under subsection b, each',
2278:'federal agency with responsibilities under the national response plan shall ensure that incident management personnel, emergency response providers, and other',
2279:'personnel including temporary personnel and resources likely needed to respond to a natural disaster, act of terrorism, or other manmade',
2280:'disaster are credentialed and typed in accordance with this section. d consultation on health care standards— in developing standards for',
2281:'credentialing health care professionals under this section, the administrator shall consult with the secretary of health and human services. §321.',
2282:'the national infrastructure simulation and analysis center a definition—in this section, the term “national infrastructure simulation and analysis center” means',
2283:'the national infrastructure simulation and analysis center established under section 5195cd of title 42. b authority 1 in general—there is',
2284:'in the department the national infrastructure simulation and analysis center which shall serve as a source of national expertise to',
2285:'address critical infrastructure protection and continuity through support for activities related to— a counterterrorism, threat assessment, and risk mitigation; and',
2286:'b a natural disaster, act of terrorism, or other manmade disaster. 2 infrastructure modeling— a particular support—the support provided under',
2287:'paragraph 1 shall include modeling, simulation, and analysis of the systems and assets comprising critical infrastructure, in order to enhance',
2288:'preparedness, protection, response, recovery, and mitigation activities. b relationship with other agencies—each federal agency and department with critical infrastructure responsibilities',
2289:'under homeland security presidential directive 7, or any successor to such directive, shall establish a formal relationship, including an agreement',
2290:'regarding information sharing, between the elements of such agency or department and the national infrastructure simulation and analysis center, through',
2291:'the department. c purpose— i in general— the purpose of the relationship under subparagraph b shall be to permit each',
2292:'federal agency and department described in subparagraph b to take full advantage of the capabilities of the national infrastructure simulation',
2293:'and analysis center particularly vulnerability and consequence analysis, consistent with its work load capacity and priorities, for realtime response to',
2294:'reported and projected natural disasters, acts of terrorism, and other manmade disasters. ii recipient of certain support— modeling, simulation, and',
2295:'analysis provided under this subsection shall be provided to relevant federal agencies and departments, including federal agencies and departments with',
2296:'critical infrastructure re selected statutes 6 u.s.c. §§ 320, 321 sponsibilities under homeland security presidential directive 7, or any successor',
2297:'to such directive. §321a. evacuation plans and exercises a in general—notwithstanding any other provision of law, and subject to subsection',
2298:'d, grants made to states or local or tribal governments by the department through the state homeland security grant program',
2299:'or the urban area security initiative may be used to— 1 establish programs for the development and maintenance of mass',
2300:'evacuation plans under subsection b in the event of a natural disaster, act of terrorism, or other manmade disaster; 2',
2301:'prepare for the execution of such plans, including the development of evacuation routes and the purchase and stockpiling of necessary',
2302:'supplies and shelters; and 3 conduct exercises of such plans. b plan development—in developing the mass evacuation plans authorized under',
2303:'subsection a, each state, local, or tribal government shall, to the maximum extent practicable— 1 establish incident command and decision',
2304:'making processes; 2 ensure that state, local, and tribal government plans, including evacuation routes, are coordinated and integrated; 3 identify',
2305:'primary and alternative evacuation routes and methods to increase evacuation capabilities along such routes such as conversion of twoway traffic',
2306:'to oneway evacuation routes; 4 identify evacuation transportation modes and capabilities, including the use of mass and public transit capabilities,',
2307:'and coordinating and integrating evacuation plans for all populations including for those individuals located in hospitals, nursing homes, and other',
2308:'institutional living facilities; 5 develop procedures for informing the public of evacuation plans before and during an evacuation, including individuals—',
2309:'a with disabilities or other special needs, including the elderly; b with limited english proficiency; or c who might otherwise',
2310:'have difficulty in obtaining such information; and 6 identify shelter locations and capabilities. c assistance 1 in general—the administrator may',
2311:'establish any guidelines, standards, or requirements determined appropriate to administer this section and to ensure effective mass evacuation planning for',
2312:'state, local, and tribal areas. 2 requested assistance—the administrator shall make assistance available upon request of a state, local, or',
2313:'tribal government to assist hospitals, nursing homes, and other institutions that house individuals with special needs to establish, maintain, and',
2314:'exercise mass evacuation plans that are coordinated and integrated into the plans developed by that state, local, or tribal government',
2315:'under this section. d multipurpose funds—nothing in this section may be construed to preclude a state, local, or tribal govern',
2316:'selected statutes 6 u.s.c. § 321a ment from using grant funds in a manner that enhances preparedness for a natural',
2317:'or manmade disaster unrelated to an act of terrorism, if such use assists such government in building capabilities for terrorism',
2318:'preparedness. §321b. disability coordinator a in general—after consultation with organizations representing individuals with disabilities, the national council on disabilities, and',
2319:'the interagency coordinating council on preparedness and individuals with disabilities, established under executive order no. 13347, the administrator shall appoint',
2320:'a disability coordinator. the disability coordinator shall report directly to the administrator, in order to ensure that the needs of',
2321:'individuals with disabilities are being properly addressed in emergency preparedness and disaster relief. b responsibilities—the disability coordinator shall be responsible',
2322:'for— 1 providing guidance and coordination on matters related to individuals with disabilities in emergency planning requirements and relief efforts',
2323:'in the event of a natural disaster, act of terrorism, or other manmade disaster; 2 interacting with the staff of',
2324:'the agency, the national council on disabilities, the interagency coordinating council on preparedness and individuals with disabilities established under executive',
2325:'order no. 13347, other agencies of the federal government, and state, local, and tribal government authorities regarding the needs of',
2326:'individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism,',
2327:'or other manmade disaster; 3 consulting with organizations that represent the interests and rights of individuals with disabilities about the',
2328:'needs of individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act',
2329:'of terrorism, or other manmade disaster; 4 ensuring the coordination and dissemination of best practices and model evacuation plans for',
2330:'individuals with disabilities; 5 ensuring the development of training materials and a curriculum for training of emergency response providers, state,',
2331:'local, and tribal government officials, and others on the needs of individuals with disabilities; 6 promoting the accessibility of telephone',
2332:'hotlines and websites regarding emergency preparedness, evacuations, and disaster relief; 7 working to ensure that video programming distributors, including broadcasters,',
2333:'cable operators, and satellite television services, make emergency information accessible to individuals with hearing and vision disabilities; 8 ensuring the',
2334:'availability of accessible transportation options for individuals with disabilities in the event of an evacuation; 9 providing guidance and implementing',
2335:'policies to ensure that the rights and wishes of individuals with disabilities regarding postevacuation residency and relocation are respected; 10',
2336:'ensuring that meeting the needs of individuals with disabilities are included in the components of the selected statutes 6 u.s.c.',
2337:'§ 321b national preparedness system established under section 744 of this title; and 11 any other duties as assigned by',
2338:'the administrator. §321c. department and agency officials a deputy administrators—the president may appoint, by and with the advice and consent',
2339:'of the senate, not more than 4 deputy administrators to assist the administrator in carrying out this subchapter. b cybersecurity',
2340:'and communications— there is in the department an assistant secretary for cybersecurity and communications. c united states fire administration— the',
2341:'administrator of the united states fire administration shall have a rank equivalent to an assistant secretary of the department. §321d.',
2342:'national operations center a definition—in this section, the term “situational awareness” means information gathered from a variety of sources that,',
2343:'when communicated to emergency managers and decision makers, can form the basis for incident management decisionmaking. b establishment—the national operations',
2344:'center is the principal operations center for the department and shall— 1 provide situational awareness and a common operating picture',
2345:'for the entire federal government, and for state, local, and tribal governments as appropriate, in the event of a natural',
2346:'disaster, act of terrorism, or other manmade disaster; and 2 ensure that critical terrorism and disasterrelated information reaches government decisionmakers.',
2347:'c state and local fire service representation— 1 establishment of position— the secretary shall, in consultation with the administrator of',
2348:'the united states fire administration, establish a fire service position at the national operations center established under subsection b to',
2349:'ensure the effective sharing of information between the federal government and state and local fire services. 2 designation of position—the',
2350:'secretary shall designate, on a rotating basis, a state or local fire service official for the position described in paragraph',
2351:'1. 3 management—the secretary shall manage the position established pursuant to paragraph 1 in accordance with such rules, regulations, and',
2352:'practices as govern other similar rotating positions at the national operations center. §321e. chief medical officer a in general—there is',
2353:'in the department a chief medical officer, who shall be appointed by the president, by and with the advice and',
2354:'consent of the senate. b qualifications—the individual appointed as chief medical officer shall possess a demonstrated ability in and knowledge',
2355:'of medicine and public health. c responsibilities—the chief medical officer shall have the primary responsibility within the department for medical',
2356:'issues related to natural disasters, acts of terrorism, and other selected statutes 6 u.s.c. §§ 321c, 321d, 321e section 644',
2357:'of pkemra. manmade disasters, including— 1 serving as the principal advisor to the secretary and the administrator on medical and',
2358:'public health issues; 2 coordinating the biodefense activities of the department; 3 ensuring internal and external coordination of all medical',
2359:'preparedness and response activities of the department, including training, exercises, and equipment support; 4 serving as the department’s primary point',
2360:'of contact with the department of agriculture, the department of defense, the department of health and human services, the department',
2361:'of transportation, the department of veterans affairs, and other federal departments or agencies, on medical and public health issues; 5',
2362:'serving as the department’s primary point of contact for state, local, and tribal governments, the medical community, and others within',
2363:'and outside the department, with respect to medical and public health matters; 6 discharging, in coordination with the under secretary',
2364:'for science and technology, the responsibilities of the department related to project bioshield; and 7 performing such other duties relating',
2365:'to such responsibilities as the secretary may require. §321f. nuclear incident response a in general—at the direction of the secretary',
2366:'in connection with an actual or threatened terrorist attack, major disaster, or other emergency in the united states, the nuclear',
2367:'incident response team shall operate as an organizational unit of the department. while so operating, the nuclear incident response team',
2368:'shall be subject to the direction, authority, and control of the secretary. b rule of construction—nothing in this subchapter shall',
2369:'be construed to limit the ordinary responsibility of the secretary of energy and the administrator of the environmental protection agency',
2370:'for organizing, training, equipping, and utilizing their respective entities in the nuclear incident response team, or subject to the provisions',
2371:'of this subchapter from exercising direction, authority, and control over them when they are not operating as a unit of',
2372:'the department. §321g. conduct of certain public healthrelated activities a in general—with respect to all public healthrelated activities to improve',
2373:'state, local, and hospital preparedness and response to chemical, biological, radiological, and nuclear and other emerging terrorist threats carried out',
2374:'by the department of health and human services including the public health service, the secretary of health and human services',
2375:'shall set priorities and preparedness goals and further develop a coordinated strategy for such activities in collaboration with the secretary.',
2376:'b evaluation of progress—in carrying out subsection a, the secretary of health and human services shall collaborate with the secretary',
2377:'in developing specific benchmarks and outcome measurements for evaluating progress toward achieving the priorities and goals described in such subsection.',
2378:'selected statutes 6 u.s.c. §§ 321e, 321f, 321g §321h. use of national private sector networks in emergency response to the',
2379:'maximum extent practicable, the secretary shall use national private sector networks and infrastructure for emergency response to chemical, biological, radiological,',
2380:'nuclear, or explosive disasters, and other major disasters. §321i. use of commercially available technology, goods, and services it is the',
2381:'sense of congress that— 1 the secretary should, to the maximum extent possible, use offtheshelf commercially developed technologies to ensure',
2382:'that the department’s information technology systems allow the department to collect, manage, share, analyze, and disseminate information securely over multiple',
2383:'channels of communication; and 2 in order to further the policy of the united states to avoid competing commercially with',
2384:'the private sector, the secretary should rely on commercial sources to supply the goods and services needed by the department.',
2385:'§321j. procurement of security countermeasures for strategic national stockpile a authorization of appropriations— for the procurement of security countermeasures under',
2386:'section 247d– 6bc of title 42 referred to in this section as the “security countermeasures program”, there is authorized to',
2387:'be appropriated up to $5,593,000,000 for the fiscal years 2004 through 2013. of the amounts appropriated under the preceding sentence,',
2388:'not to exceed $3,418,000,000 may be obligated during the fiscal years 2004 through 2008, of which not to exceed $890,000,000',
2389:'may be obligated during fiscal year 2004. none of the funds made available under this subsection shall be used to',
2390:'procure countermeasures to diagnose, mitigate, prevent, or treat harm resulting from any naturally occurring infectious disease or other public health',
2391:'threat that are not security countermeasures under section 247d–6bc1b of title 42. b special reserve fund—for purposes of the security',
2392:'countermeasures program, the term “special reserve fund” means the “biodefense countermeasures” appropriations account or any other appropriation made under subsection',
2393:'a. c availability—amounts appropriated under subsection a become available for a procurement under the security countermeasures program only upon the',
2394:'approval by the president of such availability for the procurement in accordance with paragraph 6b of such program. d related',
2395:'authorizations of appropriations 1 threat assessment capabilities— for the purpose of carrying out the responsibilities of the secretary for terror',
2396:'threat assessment under the security countermeasures program, there are authorized to be appropriated such sums as may be necessary for',
2397:'each of the fiscal years 2004 through 2006, for the hiring of professional personnel within the office of intelligence and',
2398:'analysis, who shall be analysts responsible for chemical, biological, radiological, and nuclear threat assessment including but not limited to analysis',
2399:'of chemical, biological, radiological, and nuclear agents, the means by which such agents could selected statutes 6 u.s.c. §§ 321h,',
2400:'321i, 321j be weaponized or used in a terrorist attack, and the capabilities, plans, and intentions of terrorists and other',
2401:'nonstate actors who may have or acquire such agents. all such analysts shall meet the applicable standards and qualifications for',
2402:'the performance of intelligence activities promulgated by the director of central intelligence pursuant to section 403–4 of title 50. 2',
2403:'intelligence sharing infrastructure— for the purpose of carrying out the acquisition and deployment of secure facilities including information technology and',
2404:'physical infrastructure, whether mobile and temporary, or permanent sufficient to permit the secretary to receive, not later than 180 days',
2405:'after july 21, 2004, all classified information and products to which the under secretary for intelligence and analysis is entitled',
2406:'under part a of subchapter ii of this chapter, there are authorized to be appropriated such sums as may be',
2407:'necessary for each of the fiscal years 2004 through 2006. §321k. model standards and guidelines for critical infrastructure workers a',
2408:'in general—not later than 12 months after august 3, 2007, and in coordination with appropriate national professional organizations, federal, state,',
2409:'local, and tribal government agencies, and privatesector and nongovernmental entities, the administrator shall establish model standards and guidelines for credentialing',
2410:'critical infrastructure workers that may be used by a state to credential critical infrastructure workers that may respond to a',
2411:'natural disaster, act of terrorism, or other manmade disaster. b distribution and assistance—the administrator shall provide the standards developed under',
2412:'subsection a, including detailed written guidance, to state, local, and tribal governments, and provide expertise and technical assistance to aid',
2413:'such governments with credentialing critical infrastructure workers that may respond to a natural disaster, act of terrorism, or other manmade',
2414:'disaster. §321l. guidance and recommendations a in general—consistent with their responsibilities and authorities under law, as of the day before',
2415:'august 3, 2007, the administrator and the assistant secretary for infrastructure protection, in consultation with the private sector, may develop',
2416:'guidance or recommendations and identify best practices to assist or foster action by the private sector in— 1 identifying potential',
2417:'hazards and assessing risks and impacts; 2 mitigating the impact of a wide variety of hazards, including weapons of mass',
2418:'destruction; 3 managing necessary emergency preparedness and response resources; 4 developing mutual aid agreements; 5 developing and maintaining emergency preparedness',
2419:'and response plans, and associated operational procedures; 6 developing and conducting training and exercises to support and selected statutes 6',
2420:'u.s.c. §§ 321j, 321k, 321l section 4034 of title 50 was repealed and new section 4034 enacted; as so enacted,',
2421:'section 4034 no longer relates to the promulgation of standards and qualifications for the performance of intelligence activities. evaluate emergency',
2422:'preparedness and response plans and operational procedures; 7 developing and conducting training programs for security guards to implement emergency preparedness',
2423:'and response plans and operations procedures; and 8 developing procedures to respond to requests for information from the media or',
2424:'the public. b issuance and promotion—any guidance or recommendations developed or best practices identified under subsection a shall be— 1',
2425:'issued through the administrator; and 2 promoted by the secretary to the private sector. c small business concerns—in developing guidance',
2426:'or recommendations or identifying best practices under subsection a, the administrator and the assistant secretary for infrastructure protection shall take',
2427:'into consideration small business concerns under the meaning given that term in section 632 of title 15, including any need',
2428:'for separate guidance or recommendations or best practices, as necessary and appropriate. d rule of construction—nothing in this section may',
2429:'be construed to supersede any requirement established under any other provision of law. §321m. voluntary private sector preparedness accreditation and',
2430:'certification program a establishment 1 in general—the secretary, acting through the officer designated under paragraph 2, shall establish and implement',
2431:'the voluntary private sector preparedness accreditation and certification program in accordance with this section. 2 designation of officer—the secretary shall',
2432:'designate an officer responsible for the accreditation and certification program under this section. such officer hereinafter referred to in this',
2433:'section as the “designated officer” shall be one of the following: a the administrator, based on consideration of— i the',
2434:'expertise of the administrator in emergency management and preparedness in the united states; and ii the responsibilities of the administrator',
2435:'as the principal advisor to the president for all matters relating to emergency management in the united states. b the',
2436:'assistant secretary for infrastructure protection, based on consideration of the expertise of the assistant secretary in, and responsibilities for— i',
2437:'protection of critical infrastructure; ii risk assessment methodologies; and iii interacting with the private sector on the issues described in',
2438:'clauses i and ii. c the under secretary for science and technology, based on consideration of the expertise of the',
2439:'under secretary in, and responsibilities associated with, standards. 3 coordination—in carrying out the accreditation and certification program under this section,',
2440:'the designated officer shall coordinate with— selected statutes 6 u.s.c. §§ 321l, 321m a the other officers of the department',
2441:'referred to in paragraph 2, using the expertise and responsibilities of such officers; and b the special assistant to the',
2442:'secretary for the private sector, based on consideration of the expertise of the special assistant in, and responsibilities for, interacting',
2443:'with the private sector. b voluntary private sector preparedness standards; voluntary accreditation and certification program for the private sector 1',
2444:'accreditation and certification program—not later than 210 days after august 3, 2007, the designated officer shall— a begin supporting the',
2445:'development and updating, as necessary, of voluntary preparedness standards through appropriate organizations that coordinate or facilitate the development and use',
2446:'of voluntary consensus standards and voluntary consensus standards development organizations; and b in consultation with representatives of appropriate organizations that',
2447:'coordinate or facilitate the development and use of voluntary consensus standards, appropriate voluntary consensus standards development organizations, each private sector',
2448:'advisory council created under section 112f4 of this title, appropriate representatives of state and local governments, including emergency management officials,',
2449:'and appropriate private sector advisory groups, such as sector coordinating councils and information sharing and analysis centers— i develop and',
2450:'promote a program to certify the preparedness of private sector entities that voluntarily choose to seek certification under the program;',
2451:'and ii implement the program under this subsection through any entity with which the designated officer enters into an agreement',
2452:'under paragraph 3a, which shall accredit third parties to carry out the certification process under this section. 2 program elements—',
2453:'a in general— i program—the program developed and implemented under this subsection shall assess whether a private sector entity complies',
2454:'with voluntary preparedness standards. ii guidelines—in developing the program under this subsection, the designated officer shall develop guidelines for the',
2455:'accreditation and certification processes established under this subsection. b standards—the designated officer, in consultation with representatives of appropriate organizations that',
2456:'coordinate or facilitate the development and use of voluntary consensus standards, representatives of appropriate voluntary consensus standards development organizations, each',
2457:'private sector advisory council created under section 112f4 of this title, appropriate representatives of state and local governments, including emergency',
2458:'management officials, and appropriate private sector advisory groups selected statutes 6 u.s.c. § 321m such as sector coordinating councils and',
2459:'information sharing and analysis centers— i shall adopt one or more appropriate voluntary preparedness standards that promote preparedness, which may',
2460:'be tailored to address the unique nature of various sectors within the private sector, as necessary and appropriate, that shall',
2461:'be used in the accreditation and certification program under this subsection; and ii after the adoption of one or more',
2462:'standards under clause i, may adopt additional voluntary preparedness standards or modify or discontinue the use of voluntary preparedness standards',
2463:'for the accreditation and certification program, as necessary and appropriate to promote preparedness. c submission of recommendations— in adopting one',
2464:'or more standards under subparagraph b, the designated officer may receive recommendations from any entity described in that subparagraph relating',
2465:'to appropriate voluntary preparedness standards, including appropriate sector specific standards, for adoption in the program. d small business concerns— the',
2466:'designated officer and any entity with which the designated officer enters into an agreement under paragraph 3a shall establish separate',
2467:'classifications and methods of certification for small business concerns under the meaning given that term in section 632 of title',
2468:'15 for the program under this subsection. e considerations—in developing and implementing the program under this subsection, the designated officer',
2469:'shall— i consider the unique nature of various sectors within the private sector, including preparedness standards, business continuity standards, or',
2470:'best practices, established— i under any other provision of federal law; or ii by any sectorspecific agency, as defined under',
2471:'homeland security presidential directive–7; and ii coordinate the program, as appropriate, with— i other department private sector related programs; and',
2472:'ii preparedness and business continuity programs in other federal agencies. 3 accreditation and cert ification processes— a agreement— i in',
2473:'general—not later than 210 days after august 3, 2007, the designated officer shall enter into one or more agreements with',
2474:'a highly qualified nongovernmental entity with experience or expertise in coordinating and facilitating the development and use of voluntary consensus',
2475:'standards and in managing or implementing accreditation and certification programs for voluntary consensus standards, or a similarly qualified private sector',
2476:'entity, to carry out accreditations and oversee the certification process under this subsection. an entity entering into an agree selected',
2477:'statutes 6 u.s.c. § 321m ment with the designated officer under this clause hereinafter referred to in this section as',
2478:'a “selected entity” shall not perform certifications under this subsection. ii contents—a selected entity shall manage the accreditation process and',
2479:'oversee the certification process in accordance with the program established under this subsection and accredit qualified third parties to carry',
2480:'out the certification program established under this subsection. b procedures and requirements for accreditation and certification— i in general—any selected',
2481:'entity shall collaborate to develop procedures and requirements for the accreditation and certification processes under this subsection, in accordance with',
2482:'the program established under this subsection and guidelines developed under paragraph 2aii. ii contents and use—the procedures and requirements developed',
2483:'under clause i shall— i ensure reasonable uniformity in any accreditation and certification processes if there is more than one',
2484:'selected entity; and ii be used by any selected entity in conducting accreditations and overseeing the certification process under this',
2485:'subsection. iii disagreement—any disagreement among selected entities in developing procedures under clause i shall be resolved by the designated officer.',
2486:'c designation—a selected entity may accredit any qualified third party to carry out the certification process under this subsection. d',
2487:'disadvantaged business involvement— in accrediting qualified third parties to carry out the certification process under this subsection, a selected entity',
2488:'shall ensure, to the extent practicable, that the third parties include qualified small, minority, women owned, or disadvantaged business concerns',
2489:'when appropriate. the term “disadvantaged business concern” means a small business that is owned and controlled by socially and economically',
2490:'disadvantaged individuals, as defined in section 124 of title 13, united states code of federal regulations. e treatment of other',
2491:'certifications— at the request of any entity seeking certification, any selected entity may consider, as appropriate, other relevant certifications acquired',
2492:'by the entity seeking certification. if the selected entity determines that such other certifications are sufficient to meet the certification',
2493:'requirement or aspects of the certification requirement under this section, the selected entity may give credit to the entity seeking',
2494:'certification, as appropriate, to avoid unnecessarily duplicative certification requirements. f third parties—to be accredited under subparagraph c, a third party',
2495:'shall— selected statutes 6 u.s.c. § 321m i demonstrate that the third party has the ability to certify private sector',
2496:'entities in accordance with the procedures and requirements developed under subparagraph b; ii agree to perform certifications in accordance with',
2497:'such procedures and requirements; iii agree not to have any beneficial interest in or any direct or indirect control over—',
2498:'i a private sector entity for which that third party conducts a certification under this subsection; or ii any organization',
2499:'that provides preparedness consulting services to private sector entities; iv agree not to have any other conflict of interest with',
2500:'respect to any private sector entity for which that third party conducts a certification under this subsection; v maintain liability',
2501:'insurance coverage at policy limits in accordance with the requirements developed under subparagraph b; and vi enter into an agreement',
2502:'with the selected entity accrediting that third party to protect any proprietary information of a private sector entity obtained under',
2503:'this subsection. g monitoring— i in general—the designated officer and any selected entity shall regularly monitor and inspect the operations',
2504:'of any third party conducting certifications under this subsection to ensure that the third party is complying with the procedures',
2505:'and requirements established under subparagraph b and all other applicable requirements. ii revocation—if the designated officer or any selected entity',
2506:'determines that a third party is not meeting the procedures or requirements established under subparagraph b, the selected entity shall—',
2507:'i revoke the accreditation of that third party to conduct certifications under this subsection; and ii review any certification conducted',
2508:'by that third party, as necessary and appropriate. 4 annual review— a in general—the designated officer, in consultation with representatives',
2509:'of appropriate organizations that coordinate or facilitate the development and use of voluntary consensus standards, appropriate voluntary consensus standards development',
2510:'organizations, appropriate representatives of state and local governments, including emergency management officials, and each private sector advisory council created under',
2511:'section 112f4 of this title, shall annually review the voluntary accreditation and certification program established under this subsection to ensure',
2512:'the effectiveness of such program including the operations and management of such program by any selected entity and the selected',
2513:'entity’s inclusion of qualified disadvantaged business concerns under paragraph 3d and make improvements and adjustments to selected statutes 6 u.s.c.',
2514:'§ 321m the program as necessary and appropriate. b review of standards—each review under subparagraph a shall include an assessment',
2515:'of the voluntary preparedness standard or standards used in the program under this subsection. 5 voluntary participation—certification under this subsection',
2516:'shall be voluntary for any private sector entity. 6 public listing—the designated officer shall maintain and make public a listing',
2517:'of any private sector entity certified as being in compliance with the program established under this subsection, if that private',
2518:'sector entity consents to such listing. c rule of construction—nothing in this section may be construed as— 1 a requirement',
2519:'to replace any preparedness, emergency response, or business continuity standards, requirements, or best practices established— a under any other provision',
2520:'of federal law; or b by any sectorspecific agency, as those agencies are defined under homeland security presidential directive–7; or',
2521:'2 exempting any private sector entity seeking certification or meeting certification requirements under subsection b from compliance with all applicable',
2522:'statutes, regulations, directives, policies, and industry codes of practice. §321n. acceptance of gifts a authority—the secretary may accept and use',
2523:'gifts of property, both real and personal, and may accept gifts of services, including from guest lecturers, for otherwise authorized',
2524:'activities of the center for domestic preparedness that are related to efforts to prevent, prepare for, protect against, or respond',
2525:'to a natural disaster, act of terrorism, or other manmade disaster, including the use of a weapon of mass destruction.',
2526:'b prohibition—the secretary may not accept a gift under this section if the secretary determines that the use of the',
2527:'property or services would compromise the integrity or appearance of integrity of— 1 a program of the department; or 2',
2528:'an individual involved in a program of the department. c report 1 in general—the secretary shall submit to the committee',
2529:'on homeland security of the house of representatives and the committee on homeland security and governmental affairs of the senate',
2530:'an annual report disclosing— a any gifts that were accepted under this section during the year covered by the report;',
2531:'b how the gifts contribute to the mission of the center for domestic preparedness; and c the amount of federal',
2532:'savings that were generated from the acceptance of the gifts. 2 publication—each report required under paragraph 1 shall be made',
2533:'publically available. selected statutes 6 u.s.c. §§ 321m, 321n so in original. probably should be “publicly.” §347. quadrennial homeland security',
2534:'review a requirement 1 quadrennial reviews required— in fiscal year 2009, and every 4 years thereafter, the secretary shall conduct',
2535:'a review of the homeland security of the nation in this section referred to as a “quadrennial homeland security review”.',
2536:'2 scope of reviews—each quadrennial homeland security review shall be a comprehensive examination of the homeland security strategy of the',
2537:'nation, including recommendations regarding the longterm strategy and priorities of the nation for homeland security and guidance on the programs,',
2538:'assets, capabilities, budget, policies, and authorities of the department. 3 consultation—the secretary shall conduct each quadrennial homeland security review under',
2539:'this subsection in consultation with— a the heads of other federal agencies, including the attorney general, the secretary of state,',
2540:'the secretary of defense, the secretary of health and human services, the secretary of the treasury, the secretary of agriculture,',
2541:'and the director of national intelligence; b key officials of the department; and c other relevant governmental and nongovernmental entities,',
2542:'including state, local, and tribal government officials, members of congress, private sector representatives, academics, and other policy experts. 4 relationship',
2543:'with future years homeland security program— the secretary shall ensure that each review conducted under this section is coordinated with',
2544:'the future years homeland security program required under section 454 of this title. b contents of review—in each quadrennial homeland',
2545:'security review, the secretary shall— 1 delineate and update, as appropriate, the national homeland security strategy, consistent with appropriate national',
2546:'and department strategies, strategic plans, and homeland security presidential directives, including the national strategy for homeland security, the national response',
2547:'plan, and the department security strategic plan; 2 outline and prioritize the full range of the critical homeland security mission',
2548:'areas of the nation; 3 describe the interagency cooperation, preparedness of federal response assets, infrastructure, budget plan, and other elements',
2549:'of the homeland security program and policies of the nation associated with the national homeland security strategy, required to execute',
2550:'successfully the full range of missions called for in the national homeland security strategy described in paragraph 1 and the',
2551:'homeland security mission areas outlined under paragraph 2; 4 identify the budget plan required to provide sufficient resources to successfully',
2552:'execute the full range of missions called for in the national homeland security strategy described in paragraph 1 and the',
2553:'homeland security mission areas outlined under paragraph 2; 5 include an assessment of the organizational alignment of the de selected',
2554:'statutes 6 u.s.c. § 347 partment with the national homeland security strategy referred to in paragraph 1 and the homeland',
2555:'security mission areas outlined under paragraph 2; and 6 review and assess the effectiveness of the mechanisms of the department',
2556:'for executing the process of turning the requirements developed in the quadrennial homeland security review into an acquisition strategy and',
2557:'expenditure plan within the department. c reporting 1 in general—not later than december 31 of the year in which a',
2558:'quadrennial homeland security review is conducted, the secretary shall submit to congress a report regarding that quadrennial homeland security review.',
2559:'2 contents of report—each report submitted under paragraph 1 shall include— a the results of the quadrennial homeland security review;',
2560:'b a description of the threats to the assumed or defined national homeland security interests of the nation that were',
2561:'examined for the purposes of that review; c the national homeland security strategy, including a prioritized list of the critical',
2562:'homeland security missions of the nation; d a description of the interagency cooperation, preparedness of federal response assets, infrastructure, budget',
2563:'plan, and other elements of the homeland security program and policies of the nation associated with the national homeland security',
2564:'strategy, required to execute successfully the full range of missions called for in the applicable national homeland security strategy referred',
2565:'to in subsection b1 and the homeland security mission areas outlined under subsection b2; e an assessment of the organizational',
2566:'alignment of the department with the applicable national homeland security strategy referred to in subsection b1 and the homeland security',
2567:'mission areas outlined under subsection b2, including the department’s organizational structure, management systems, budget and accounting systems, human resources systems,',
2568:'procurement systems, and physical and technical infrastructure; f a discussion of the status of cooperation among federal agencies in the',
2569:'effort to promote national homeland security; g a discussion of the status of cooperation between the federal government and state,',
2570:'local, and tribal governments in preventing terrorist attacks and preparing for emergency response to threats to national homeland security; h',
2571:'an explanation of any underlying assumptions used in conducting the review; and i any other matter the secretary considers appropriate.',
2572:'3 public availability—the secretary shall, consistent with the protection of national security and other sensitive matters, make each report submitted',
2573:'under paragraph 1 publicly available on the internet website of the department. d [authorization of appropriations] selected statutes 6 u.s.c.',
2574:'§ 347 §462. office of national capital region coordination a establishment 1 in general—there is established within the office of',
2575:'the secretary the office of national capital region coordination, to oversee and coordinate federal programs for and relationships with state,',
2576:'local, and regional authorities in the national capital region, as defined under section 2674f2 of title 10. 2 director—the office',
2577:'established under paragraph 1 shall be headed by a director, who shall be appointed by the secretary. 3 cooperation—the secretary',
2578:'shall cooperate with the mayor of the district of columbia, the governors of maryland and virginia, and other state, local,',
2579:'and regional officers in the national capital region to integrate the district of columbia, maryland, and virginia into the planning,',
2580:'coordination, and execution of the activities of the federal government for the enhancement of domestic preparedness against the consequences of',
2581:'terrorist attacks. b responsibilities—the office established under subsection a1 of this section shall— 1 coordinate the activities of the department',
2582:'relating to the national capital region, including cooperation with the office for state and local government coordination; 2 assess, and',
2583:'advocate for, the resources needed by state, local, and regional authorities in the national capital region to implement efforts to',
2584:'secure the homeland; 3 provide state, local, and regional authorities in the national capital region with regular information, research, and',
2585:'technical support to assist the efforts of state, local, and regional authorities in the national capital region in securing the',
2586:'homeland; 4 develop a process for receiving meaningful input from state, local, and regional authorities and the private sector in',
2587:'the national capital region to assist in the development of the homeland security plans and activities of the federal government;',
2588:'5 coordinate with federal agencies in the national capital region on terrorism preparedness, to ensure adequate planning, information sharing, training,',
2589:'and execution of the federal role in domestic preparedness activities; 6 coordinate with federal, state, local, and regional agencies, and',
2590:'the private sector in the national capital region on terrorism preparedness to ensure adequate planning, information sharing, training, and execution',
2591:'of domestic preparedness activities among these agencies and entities; and 7 serve as a liaison between the federal government and',
2592:'state, local, and regional authorities, and private sector entities in the national capital region to facilitate access to federal grants',
2593:'and other programs. c annual report—the office established under subsection a of this section shall submit an annual report to',
2594:'congress that includes— 1 the identification of the resources required to fully implement homeland security efforts in the national capital',
2595:'region; 2 an assessment of the progress made by the national capital re selected statutes 6 u.s.c. § 462 gion',
2596:'in implementing homeland security efforts; and 3 recommendations to congress regarding the additional resources needed to fully implement homeland security',
2597:'efforts in the national capital region. d limitation—nothing contained in this section shall be construed as limiting the power of',
2598:'state and local governments. §466. sense of congress reaffirming the continued importance and applicability of the posse comitatus act a',
2599:'findings—congress finds the following: 1 section 1385 of title 18 commonly known as the “posse comitatus act” prohibits the use',
2600:'of the armed forces as a posse comitatus to execute the laws except in cases and under circumstances expressly authorized',
2601:'by the constitution or act of congress. 2 enacted in 1878, the posse comitatus act was expressly intended to prevent',
2602:'united states marshals, on their own initiative, from calling on the army for assistance in enforcing federal law. 3 the',
2603:'posse comitatus act has served the nation well in limiting the use of the armed forces to enforce the law.',
2604:'4 nevertheless, by its express terms, the posse comitatus act is not a complete barrier to the use of the',
2605:'armed forces for a range of domestic purposes, including law enforcement functions, when the use of the armed forces is',
2606:'authorized by act of congress or the president determines that the use of the armed forces is required to fulfill',
2607:'the president’s obligations under the constitution to respond promptly in time of war, insurrection, or other serious emergency. 5 existing',
2608:'laws, including chapter 15 of title 10 commonly known as the “insurrection act”, and the robert t. stafford disaster relief',
2609:'and emergency assistance act 42 u.s.c. 5121 et seq., grant the president broad powers that may be invoked in the',
2610:'event of domestic emergencies, including an attack against the nation using weapons of mass destruction, and these laws specifically authorize',
2611:'the president to use the armed forces to help restore public order. b sense of congress—congress reaffirms the continued importance',
2612:'of section 1385 of title 18, and it is the sense of congress that nothing in this chapter should be',
2613:'construed to alter the applicability of such section to any use of the armed forces as a posse comitatus to',
2614:'execute the laws. §470. disclosures regarding homeland security grants a definitions—in this section: 1 homeland security grant— the term “homeland',
2615:'security grant” means any grant made or administered by the department, including— a the state homeland security grant program; b',
2616:'the urban area security initiative grant program; c the law enforcement terrorism prevention program; d the citizen corps; and e',
2617:'the metropolitan medical re selected statutes 6 u.s.c. §§ 466, 470 sponse system. 2 local government—the term “local government” has',
2618:'the meaning given the term in section 101 of this title. b required disclosures—each state or local government that receives',
2619:'a homeland security grant shall, not later than 12 months after the later of october 13, 2006, and the date',
2620:'of receipt of such grant, and every 12 months thereafter until all funds provided under such grant are expended, submit',
2621:'a report to the secretary that contains a list of all expenditures made by such state or local government using',
2622:'funds from such grant. § 526. integrated public alert and warning system modernization a in general.—to provide timely and effective',
2623:'warnings regarding natural disasters, acts of terrorism, and other manmade disasters or threats to public safety, the administrator shall— 1',
2624:'modernize the integrated public alert and warning system of the united states in this section referred to as the public',
2625:'alert and warning system’ to help ensure that under all conditions the president and, except to the extent the public',
2626:'alert and warning system is in use by the president, federal agencies and state, tribal, and local governments can alert',
2627:'and warn the civilian population in areas endangered by natural disasters, acts of terrorism, and other manmade disasters or threats',
2628:'to public safety; and 2 implement the public alert and warning system to disseminate timely and effective warnings regarding natural',
2629:'disasters, acts of terrorism, and other manmade disasters or threats to public safety. b implementation requirements.— in carrying out subsection',
2630:'a the administrator shall— 1 establish or adopt, as appropriate, common alerting and warning protocols, standards, terminology, and operating procedures',
2631:'for the public alert and warning system; 2 include in the public alert and warning system the capability to adapt',
2632:'the distribution and content of communications on the basis of geographic location, risks, and multiple communication systems and technologies, as',
2633:'appropriate and to the extent technically feasible; 3 include in the public alert and warning system the capability to alert,',
2634:'warn, and provide equivalent information to individuals with disabilities, individuals with access and functional needs, and individuals with limitedenglish proficiency,',
2635:'to the extent technically feasible; 4 ensure that training, tests, and exercises are conducted for the public alert and warning',
2636:'system, including by— a incorporating the public alert and warning system into other training and exercise programs of the department,',
2637:'as appropriate; b establishing and integrating into the national incident management system a comprehensive and periodic training program to instruct',
2638:'and educate federal, state, tribal, and local government officials in the use of the common alerting protocol enabled emergency alert',
2639:'system; and c time period. conducting, not selected statutes 6 u.s.c. §§ 470, 526 less than once every 3 years,',
2640:'periodic nationwide tests of the public alert and warning system; 5 to the extent practicable, ensure that the public alert',
2641:'and warning system is resilient and secure and can withstand acts of terrorism and other external attacks; 6 conduct public',
2642:'education efforts so that state, tribal, and local governments, private entities, and the people of the united states reasonably understand',
2643:'the functions of the public alert and warning system and how to access, use, and respond to information from the',
2644:'public alert and warning system through a general market awareness campaign; 7 consultation. coordination. consult, coordinate, and cooperate with the',
2645:'appropriate private sector entities and federal, state, tribal, and local governmental authorities, including the regional administrators and emergency response providers;',
2646:'8 consultation. coordination. consult and coordinate with the federal communications commission, taking into account rules and regulations promulgated by the',
2647:'federal communications commission; and 9 coordinate with and consider the recommendations of the integrated public alert and warning system subcommittee',
2648:'established under section 2b of the integrated public alert and warning system modernization act of 2015. c system requirements.—the public',
2649:'alert and warning system shall— 1 to the extent determined appropriate by the administrator, incorporate multiple communications technologies; 2 be',
2650:'designed to adapt to, and incorporate, future technologies for communicating directly with the public; 3 to the extent technically feasible,',
2651:'be designed— a to provide alerts to the largest portion of the affected population feasible, including nonresident visitors and tourists,',
2652:'individuals with disabilities, individuals with access and functional needs, and individuals with limitedenglish proficiency; and b to improve the ability',
2653:'of remote areas to receive alerts; 4 promote local and regional public and private partnerships to enhance community preparedness and',
2654:'response; 5 provide redundant alert mechanisms where practicable so as to reach the greatest number of people; and 6 to',
2655:'the extent feasible, include a mechanism to ensure the protection of individual privacy. d use of system.—except to the extent',
2656:'necessary for testing the public alert and warning system, the public alert and warning system shall not be used to',
2657:'transmit a message that does not relate to a natural disaster, act of terrorism, or other manmade disaster or threat',
2658:'to public safety. e performance reports. [requires reports to congress and on website] b integrated public alert and warning system',
2659:'subcommittee. [creates nac subcommittee chaired by the deputy administrator for protection and national preparedness; expires after 3 years] selected statutes',
2660:'6 u.s.c. § 526 c authorization of appropriations. [authorizes appropriations through 2018] d limitations on statutory construction.—[ preserves other departments',
2661:'and agency authorities] §571. office of emergency communications a [in general]. b [director] c responsibilities—the director for emergency communications shall—',
2662:'1 assist the secretary in developing and implementing the program described in section 194a1 of this title, except as provided',
2663:'in section 195 of this title; 2 administer the department’s responsibilities and authorities relating to the safecom program, excluding elements',
2664:'related to research, development, testing, and evaluation and standards; 3 administer the department’s responsibilities and authorities relating to the integrated',
2665:'wireless network program; 4 conduct extensive, nationwide outreach to support and promote the ability of emergency response providers and relevant',
2666:'government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other manmade disasters; 5',
2667:'conduct extensive, nationwide outreach and foster the development of interoperable emergency communications capabilities by state, regional, local, and tribal governments',
2668:'and public safety agencies, and by regional consortia thereof; 6 provide technical assistance to state, regional, local, and tribal government',
2669:'officials with respect to use of interoperable emergency communications capabilities; 7 coordinate with the regional administrators regarding the activities of',
2670:'regional emergency communications coordination working groups under section 575 of this title; 8 promote the development of standard operating procedures',
2671:'and best practices with respect to use of interoperable emergency communications capabilities for incident response, and facilitate the sharing of',
2672:'information on such best practices for achieving, maintaining, and enhancing interoperable emergency communications capabilities for such response; 9 coordinate, in',
2673:'cooperation with the national communications system, the establishment of a national response capability with initial and ongoing planning, implementation, and',
2674:'training for the deployment of communications equipment for relevant state, local, and tribal governments and emergency response providers in the',
2675:'event of a catastrophic loss of local and regional emergency communications services; 10 assist the president, the national security council,',
2676:'the homeland security council, and the director of the office of management and budget in ensuring the continued operation of',
2677:'the telecommunications functions and responsibilities of the federal government, excluding spectrum management; 11 establish, in coordination with the director of',
2678:'the office for interoperability and compatibility, requirements for interoperable emergency communications capabilities, selected statutes 6 u.s.c. § 571 which shall',
2679:'be nonproprietary where standards for such capabilities exist, for all public safety radio and data communications systems and equipment purchased',
2680:'using homeland security assistance administered by the department, excluding any alert and warning device, technology, or system; 12 review, in',
2681:'consultation with the assistant secretary for grants and training, all interoperable emergency communications plans of federal, state, local, and tribal',
2682:'governments, including statewide and tactical interoperability plans, developed pursuant to homeland security assistance administered by the department, but excluding spectrum',
2683:'allocation and management related to such plans; 13 develop and update periodically, as appropriate, a national emergency communications plan under',
2684:'section 572 of this title; 14 perform such other duties of the department necessary to support and promote the ability',
2685:'of emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of',
2686:'terrorism, and other manmade disasters; and 15 perform other duties of the department necessary to achieve the goal of and',
2687:'maintain and enhance interoperable emergency communications capabilities. d [performance of previously transferred functions] e coordination—the director for emergency communications shall',
2688:'coordinate— 1 as appropriate, with the director of the office for interoperability and compatibility with respect to the responsibilities described',
2689:'in section 195 of this title; and 2 with the administrator of the federal emergency management agency with respect to',
2690:'the responsibilities described in this subchapter. f [sufficiency of resources plan] §579. interoperable emergency communications grant program a establishment—the secretary',
2691:'shall establish the interoperable emergency communications grant program to make grants to states to carry out initiatives to improve local,',
2692:'tribal, statewide, regional, national and, where appropriate, international interoperable emergency communications, including communications in collective response to natural disasters, acts',
2693:'of terrorism, and other manmade disasters. b policy—the director for emergency communications shall ensure that a grant awarded to a',
2694:'state under this section is consistent with the policies established pursuant to the responsibilities and authorities of the office of',
2695:'emergency communications under this subchapter, including ensuring that activities funded by the grant— 1 comply with the statewide plan for',
2696:'that state required by section 194f of this title; and 2 comply with the national emergency communications plan under section',
2697:'572 of this title, when completed. c administration 1 in general—the administrator of the federal emergency management agency shall administer',
2698:'the interoperable emergency communications grant program pursuant to the responsibilities and authorities selected statutes 6 u.s.c. § 579 of the',
2699:'administrator under subchapter v. 2 guidance—in administering the grant program, the administrator shall ensure that the use of grants is',
2700:'consistent with guidance established by the director of emergency communications pursuant to section 194a1h of this title. d use of',
2701:'funds—a state that receives a grant under this section shall use the grant to implement that state’s statewide interoperability plan',
2702:'required under section 194f of this title and approved under subsection e, and to assist with activities determined by the',
2703:'secretary to be integral to interoperable emergency communications. e approval of plans 1 approval as condition of grant—before a state',
2704:'may receive a grant under this section, the director of emergency communications shall approve the state’s statewide interoperable communications plan',
2705:'required under section 194f of this title. 2 plan requirements—in approving a plan under this subsection, the director of emergency',
2706:'communications shall ensure that the plan— a is designed to improve interoperability at the city, county, regional, state and interstate',
2707:'level; b considers any applicable local or regional plan; and c complies, to the maximum extent practicable, with the national',
2708:'emergency communications plan under section 572 of this title. 3 approval of revisions—the director of emergency communications may approve revisions',
2709:'to a state’s plan if the director determines that doing so is likely to further interoperability. f limitations on uses',
2710:'of funds 1 in general—the recipient of a grant under this section may not use the grant— a to supplant',
2711:'state or local funds; b for any state or local government costsharing contribution; or c for recreational or social purposes.',
2712:'2 penalties—in addition to other remedies currently available, the secretary may take such actions as necessary to ensure that recipients',
2713:'of grant funds are using the funds for the purpose for which they were intended. g limitations on award of',
2714:'grants 1 national emergency communications plan required—the secretary may not award a grant under this section before the date on',
2715:'which the secretary completes and submits to congress the national emergency communications plan required under section 572 of this title.',
2716:'2 voluntary consensus standards— the secretary may not award a grant to a state under this section for the purchase',
2717:'of equipment that does not meet applicable voluntary consensus standards, unless the state demonstrates that there are compelling reasons for',
2718:'such purchase. h award of grants—in approving applications and awarding grants under this section, the secretary shall consider— 1 the',
2719:'risk posed to each state by natural disasters, acts of terrorism, or other manmade disasters, including— selected statutes 6 u.s.c.',
2720:'§ 579 a the likely need of a jurisdiction within the state to respond to such risk in nearby jurisdictions;',
2721:'b the degree of threat, vulnerability, and consequences related to critical infrastructure from all critical infrastructure sectors or key resources',
2722:'identified by the administrator or the state homeland security and emergency management plans, including threats to, vulnerabilities of, and consequences',
2723:'from damage to critical infrastructure and key resources in nearby jurisdictions; c the size of the population and density of',
2724:'the population of the state, including appropriate consideration of military, tourist, and commuter populations; d whether the state is on',
2725:'or near an international border; e whether the state encompasses an economically significant border crossing; and f whether the state',
2726:'has a coastline bordering an ocean, a major waterway used for interstate commerce, or international waters; and 2 the anticipated',
2727:'effectiveness of the state’s proposed use of grant funds to improve interoperability. i opportunity to amend applications— in considering applications',
2728:'for grants under this section, the administrator shall provide applicants with a reasonable opportunity to correct defects in the application,',
2729:'if any, before making final awards. j minimum grant amounts 1 states—in awarding grants under this section, the secretary shall',
2730:'ensure that for each fiscal year, except as provided in paragraph 2, no state receives a grant in an amount',
2731:'that is less than the following percentage of the total amount appropriated for grants under this section for that fiscal',
2732:'year: a for fiscal year 2008, 0.50 percent. b for fiscal year 2009, 0.50 percent. c for fiscal year 2010,',
2733:'0.45 percent. d for fiscal year 2011, 0.40 percent. e for fiscal year 2012 and each subsequent fiscal year, 0.35',
2734:'percent. 2 territories and possessions— in awarding grants under this section, the secretary shall ensure that for each fiscal year,',
2735:'american samoa, the commonwealth of the northern mariana islands, guam, and the virgin islands each receive grants in amounts that',
2736:'are not less than 0.08 percent of the total amount appropriated for grants under this section for that fiscal year.',
2737:'k certification—each state that receives a grant under this section shall certify that the grant is used for the purpose',
2738:'for which the funds were intended and in compliance with the state’s approved statewide interoperable communications plan. l state responsibilities',
2739:'1 availability of funds to local and tribal governments— not later than 45 days after receiving grant funds, any state',
2740:'that receives a grant under this section shall obligate or otherwise make available to local and tribal governments— a not',
2741:'less than 80 percent of the grant funds; selected statutes 6 u.s.c. § 579 b with the consent of local',
2742:'and tribal governments, eligible expenditures having a value of not less than 80 percent of the amount of the grant;',
2743:'or c grant funds combined with other eligible expenditures having a total value of not less than 80 percent of',
2744:'the amount of the grant. 2 allocation of funds—a state that receives a grant under this section shall allocate grant',
2745:'funds to tribal governments in the state to assist tribal communities in improving interoperable communications, in a manner consistent with',
2746:'the statewide interoperable communications plan. a state may not impose unreasonable or unduly burdensome requirements on a tribal government as',
2747:'a condition of providing grant funds or resources to the tribal government. 3 penalties—if a state violates the requirements of',
2748:'this subsection, in addition to other remedies available to the secretary, the secretary may terminate or reduce the amount of',
2749:'the grant awarded to that state or transfer grant funds previously awarded to the state directly to the appropriate local',
2750:'or tribal government. m reports 1 annual reports by state grant recipients—a state that receives a grant under this section',
2751:'shall annually submit to the director of emergency communications a report on the progress of the state in implementing that',
2752:'state’s statewide interoperable communications plans required under section 194f of this title and achieving interoperability at the city, county, regional,',
2753:'state, and interstate levels. the director shall make the reports publicly available, including by making them available on the internet',
2754:'website of the office of emergency communications, subject to any redactions that the director determines are necessary to protect classified',
2755:'or other sensitive information. 2 annual reports to congress— at least once each year, the director of emergency communications shall',
2756:'submit to congress a report on the use of grants awarded under this section and any progress in implementing statewide',
2757:'interoperable communications plans and improving interoperability at the city, county, regional, state, and interstate level, as a result of the',
2758:'award of such grants. n rule of construction—nothing in this section shall be construed or interpreted to preclude a state',
2759:'from using a grant awarded under this section for interim or longterm internet protocol based interoperable solutions. o authorization of',
2760:'appropriations— there are authorized to be appropriated for grants under this section— 1 for fiscal year 2008, such sums as',
2761:'may be necessary; 2 for each of fiscal years 2009 through 2012, $400,000,000; and 3 for each subsequent fiscal year,',
2762:'such sums as may be necessary. §601. definitions in this subchapter, the following definitions shall apply: 1 administrator—the term “administrator”',
2763:'means the administrator of the federal emergency management agency. selected statutes 6 u.s.c. §§ 579, 601 2 appropriate committees of',
2764:'congress— the term “appropriate committees of congress” means— a the committee on homeland security and governmental affairs of the senate;',
2765:'and b those committees of the house of representatives that the speaker of the house of representatives determines appropriate. 3',
2766:'critical infrastructure sectors— the term “critical infrastructure sectors” means the following sectors, in both urban and rural areas: a agriculture',
2767:'and food. b banking and finance. c chemical industries. d commercial facilities. e commercial nuclear reactors, materials, and waste. f',
2768:'dams. g the defense industrial base. h emergency services. i energy. j government facilities. k information technology. l national monuments',
2769:'and icons. m postal and shipping. n public health and health care. o telecommunications. p transportation systems. q water. 4',
2770:'directly eligible tribe—the term “directly eligible tribe” means— a any indian tribe— i that is located in the continental united',
2771:'states; ii that operates a law enforcement or emergency response agency with the capacity to respond to calls for law',
2772:'enforcement or emergency services; iiii that is located on or near an international border or a coastline bordering an ocean',
2773:'including the gulf of mexico or international waters; ii that is located within 10 miles of a system or asset',
2774:'included on the prioritized critical infrastructure list established under section 124la2 of this title or has such a system or',
2775:'asset within its territory; iii that is located within or contiguous to 1 of the 50 most populous metropolitan statistical',
2776:'areas in the united states; or iv the jurisdiction of which includes not less than 1,000 square miles of indian',
2777:'country, as that term is defined in section 1151 of title 18; and iv that certifies to the secretary that',
2778:'a state has not provided funds under section 604 or 605 of this title to the indian tribe or consortium',
2779:'of indian tribes for the purpose for which direct funding is sought; and b a consortium of indian tribes, if',
2780:'each tribe satisfies the requirements of subparagraph a. 5 eligible metropolitan area—the term “eligible metropolitan area” means any of the',
2781:'100 most populous metropolitan statistical areas in the united states. 6 highrisk urban area—the term “highrisk urban area” means a',
2782:'high risk urban area designated under section 604b3a of this title. 7 indian tribe—the term “indian tribe” has the meaning',
2783:'given that term in section 450be of title 25. 8 metropolitan statistical area— selected statutes 6 u.s.c. § 601 the',
2784:'term “metropolitan statistical area” means a metropolitan statistical area, as defined by the office of management and budget. 9 national',
2785:'special security event—the term “national special security event” means a designated event that, by virtue of its political, economic, social,',
2786:'or religious significance, may be the target of terrorism or other criminal activity. 10 population—the term “population” means population according',
2787:'to the most recent united states census population estimates available at the start of the relevant fiscal year. 11 population',
2788:'density—the term “population density” means population divided by land area in square miles. 12 qualified intelligence analyst—the term “qualified intelligence',
2789:'analyst” means an intelligence analyst as that term is defined in section 124hj of this title, including law enforcement personnel—',
2790:'a who has successfully completed training to ensure baseline proficiency in intelligence analysis and production, as determined by the secretary,',
2791:'which may include training using a curriculum developed under section 124f of this title; or b whose experience ensures baseline',
2792:'proficiency in intelligence analysis and production equivalent to the training required under subparagraph a, as determined by the secretary. 13',
2793:'target capabilities—the term “target capabilities” means the target capabilities for federal, state, local, and tribal government preparedness for which guidelines',
2794:'are required to be established under section 746a of this title. 14 tribal government—the term “tribal government” means the government',
2795:'of an indian tribe. §603. homeland security grant programs a grants authorized—the secretary, through the administrator, may award grants under',
2796:'sections 604 and 605 of this title to state, local, and tribal governments. b programs not affected—this part shall not',
2797:'be construed to affect any of the following federal programs: 1 firefighter and other assistance programs authorized under the federal',
2798:'fire prevention and control act of 1974 15 u.s.c. 2201 et seq.. 2 grants authorized under the robert t. stafford',
2799:'disaster relief and emergency assistance act 42 u.s.c. 5121 et seq.. 3 emergency management performance grants under the amendments made',
2800:'by title ii of the implementing recommendations of the 9/11 commission act of 2007. 4 grants to protect critical infrastructure,',
2801:'including port security grants authorized under section 70107 of title 46 and the grants authorized under title1 xiv and xv',
2802:'of the implementing recommendations of the 9/11 commission act of 2007 [6 u.s.c. 1131 et seq., 1151 et seq.] and',
2803:'the amendments made by such titles. 5 the metropolitan medical response system authorized under section 723 of this title. 6',
2804:'the interoperable emergency communications grant program authorized under subchapter xiii. selected statutes 6 u.s.c. § 603 1. so in original.',
2805:'probably should be “titles.” 7 grant programs other than those administered by the department. c relationship to other laws 1',
2806:'in general—the grant programs authorized under sections 604 and 605 of this title shall supercede all grant programs authorized under',
2807:'section 3714 of title 42. 2 allocation—the allocation of grants authorized under section 604 or 605 of this title shall',
2808:'be governed by the terms of this part and not by any other provision of law. §604. urban area security',
2809:'initiative a establishment—there is established an urban area security initiative to provide grants to assist highrisk urban areas in preventing,',
2810:'preparing for, protecting against, and responding to acts of terrorism. b assessment and designation of highrisk urban areas 1 in',
2811:'general—the administrator shall designate highrisk urban areas to receive grants under this section based on procedures under this subsection. 2',
2812:'initial assessment— a in general—for each fiscal year, the administrator shall conduct an initial assessment of the relative threat, vulnerability,',
2813:'and consequences from acts of terrorism faced by each eligible metropolitan area, including consideration of— i the factors set forth',
2814:'in subparagraphs a through h and k of section 608a1 of this title; and ii information and materials submitted under',
2815:'subparagraph b. b submission of information by eligible metropolitan areas— prior to conducting each initial assessment under subparagraph a, the',
2816:'administrator shall provide each eligible metropolitan area with, and shall notify each eligible metropolitan area of, the opportunity to— i',
2817:'submit information that the eligible metropolitan area believes to be relevant to the determination of the threat, vulnerability, and consequences',
2818:'it faces from acts of terrorism; and ii review the risk assessment conducted by the department of that eligible metropolitan',
2819:'area, including the bases for the assessment by the department of the threat, vulnerability, and consequences from acts of terrorism',
2820:'faced by that eligible metropolitan area, and remedy erroneous or incomplete information. 3 designation of highrisk urban areas— a designation—',
2821:'i in general—for each fiscal year, after conducting the initial assessment under paragraph 2, and based on that assessment, the',
2822:'administrator shall designate highrisk urban areas that may submit applications for grants under this section. ii additional areas—notwithstanding paragraph 2,',
2823:'the administrator may— i in any case where an eligible metropolitan area consists of more than 1 met selected statutes',
2824:'6 u.s.c. § 604 ropolitan division as that term is defined by the office of management and budget designate more',
2825:'than 1 highrisk urban area within a single eligible metropolitan area; and ii designate an area that is not an',
2826:'eligible metropolitan area as a highrisk urban area based on the assessment by the administrator of the relative threat, vulnerability,',
2827:'and consequences from acts of terrorism faced by the area. iii rule of construction— nothing in this subsection may be',
2828:'construed to require the administrator to— i designate all eligible metropolitan areas that submit information to the administrator under paragraph',
2829:'2bi as highrisk urban areas; or ii designate all areas within an eligible metropolitan area as part of the highrisk',
2830:'urban area. b jurisdictions included in highrisk urban areas— i in general—in designating highrisk urban areas under subparagraph a, the',
2831:'administrator shall determine which jurisdictions, at a minimum, shall be included in each high risk urban area. ii additional jurisdictions—',
2832:'a highrisk urban area designated by the administrator may, in consultation with the state or states in which such highrisk',
2833:'urban area is located, add additional jurisdictions to the highrisk urban area. c application 1 in general—an area designated as',
2834:'a highrisk urban area under subsection b may apply for a grant under this section. 2 minimum contents of application—',
2835:'in an application for a grant under this section, a highrisk urban area shall submit— a a plan describing the',
2836:'proposed division of responsibilities and distribution of funding among the local and tribal governments in the highrisk urban area; b',
2837:'the name of an individual to serve as a highrisk urban area liaison with the department and among the various',
2838:'jurisdictions in the highrisk urban area; and c such information in support of the application as the administrator may reasonably',
2839:'require. 3 annual applications—applicants for grants under this section shall apply or reapply on an annual basis. 4 state review',
2840:'and transmission— a in general—to ensure consistency with state homeland security plans, a highrisk urban area applying for a grant',
2841:'under this section shall submit its application to each state within which any part of that highrisk urban area is',
2842:'located for review before submission of such application to the department. b deadline—not later than 30 days after receiving an',
2843:'application from a highrisk urban area under subparagraph a, a state shall transmit the application to the department. selected statutes',
2844:'6 u.s.c. § 604 c opportunity for state comment— if the governor of a state determines that an application of',
2845:'a highrisk urban area is inconsistent with the state homeland security plan of that state, or otherwise does not support',
2846:'the application, the governor shall— i notify the administrator, in writing, of that fact; and ii provide an explanation of',
2847:'the reason for not supporting the application at the time of transmission of the application. 5 opportunity to amend—in considering',
2848:'applications for grants under this section, the administrator shall provide applicants with a reasonable opportunity to correct defects in the',
2849:'application, if any, before making final awards. d distribution of awards 1 in general—if the administrator approves the application of',
2850:'a high risk urban area for a grant under this section, the administrator shall distribute the grant funds to the',
2851:'state or states in which that highrisk urban area is located. 2 state distribution of funds— a in general—not later',
2852:'than 45 days after the date that a state receives grant funds under paragraph 1, that state shall provide the',
2853:'highrisk urban area awarded that grant not less than 80 percent of the grant funds. any funds retained by a',
2854:'state shall be expended on items, services, or activities that benefit the highrisk urban area. b funds retained—a state shall',
2855:'provide each relevant highrisk urban area with an accounting of the items, services, or activities on which any funds retained',
2856:'by the state under subparagraph a were expended. 3 interstate urban areas—if parts of a highrisk urban area awarded a',
2857:'grant under this section are located in 2 or more states, the administrator shall distribute to each such state— a',
2858:'a portion of the grant funds in accordance with the proposed distribution set forth in the application; or b if',
2859:'no agreement on distribution has been reached, a portion of the grant funds determined by the administrator to be appropriate.',
2860:'4 certifications regarding distribution of grant funds to highrisk urban areas—a state that receives grant funds under paragraph 1 shall',
2861:'certify to the administrator that the state has made available to the applicable highrisk urban area the required funds under',
2862:'paragraph 2. e authorization of appropriations— there are authorized to be appropriated for grants under this section— 1 $850,000,000 for',
2863:'fiscal year 2008; 2 $950,000,000 for fiscal year 2009; 3 $1,050,000,000 for fiscal year 2010; 4 $1,150,000,000 for fiscal year',
2864:'2011; 5 $1,300,000,000 for fiscal year 2012; and 6 such sums as are necessary for fiscal year 2013, and each',
2865:'fiscal year selected statutes 6 u.s.c. § 604 thereafter. §605. state homeland security grant program a establishment—there is established a',
2866:'state homeland security grant program to assist state, local, and tribal governments in preventing, preparing for, protecting against, and responding',
2867:'to acts of terrorism. b application 1 in general—each state may apply for a grant under this section, and shall',
2868:'submit such information in support of the application as the administrator may reasonably require. 2 minimum contents of application— the',
2869:'administrator shall require that each state include in its application, at a minimum— a the purpose for which the state',
2870:'seeks grant funds and the reasons why the state needs the grant to meet the target capabilities of that state;',
2871:'b a description of how the state plans to allocate the grant funds to local governments and indian tribes; and',
2872:'c a budget showing how the state intends to expend the grant funds. 3 annual applications—applicants for grants under this',
2873:'section shall apply or reapply on an annual basis. c distribution to local and tribal governments 1 in general—not later',
2874:'than 45 days after receiving grant funds, any state receiving a grant under this section shall make available to local',
2875:'and tribal governments, consistent with the applicable state homeland security plan— a not less than 80 percent of the grant',
2876:'funds; b with the consent of local and tribal governments, items, services, or activities having a value of not less',
2877:'than 80 percent of the amount of the grant; or c with the consent of local and tribal governments, grant',
2878:'funds combined with other items, services, or activities having a total value of not less than 80 percent of the',
2879:'amount of the grant. 2 certifications regarding distribution of grant funds to local governments—a state shall certify to the administrator',
2880:'that the state has made the distribution to local and tribal governments required under paragraph 1. 3 extension of period—the',
2881:'governor of a state may request in writing that the administrator extend the period under paragraph 1 for an additional',
2882:'period of time. the administrator may approve such a request if the administrator determines that the resulting delay in providing',
2883:'grant funding to the local and tribal governments is necessary to promote effective investments to prevent, prepare for, protect against,',
2884:'or respond to acts of terrorism. 4 exception—paragraph 1 shall not apply to the district of columbia, the commonwealth of',
2885:'puerto rico, american samoa, the commonwealth of the northern mariana islands, guam, or the virgin islands. 5 direct funding—if a',
2886:'state fails to make the distribution to local or tribal governments required under paragraph 1 in a timely fashion, a',
2887:'selected statutes 6 u.s.c. § 605 local or tribal government entitled to receive such distribution may petition the administrator to',
2888:'request that grant funds be provided directly to the local or tribal government. d multistate applications 1 in general—instead of,',
2889:'or in addition to, any application for a grant under subsection b, 2 or more states may submit an application',
2890:'for a grant under this section in support of multistate efforts to prevent, prepare for, protect against, and respond to',
2891:'acts of terrorism. 2 administration of grant—if a group of states applies for a grant under this section, such states',
2892:'shall submit to the administrator at the time of application a plan describing— a the division of responsibilities for administering',
2893:'the grant; and b the distribution of funding among the states that are parties to the application. e minimum allocation',
2894:'1 in general—in allocating funds under this section, the administrator shall ensure that— a except as provided in subparagraph b,',
2895:'each state receives, from the funds appropriated for the state homeland security grant program established under this section, not less',
2896:'than an amount equal to— i 0.375 percent of the total funds appropriated for grants under this section and section',
2897:'604 of this title in fiscal year 2008; ii 0.365 percent of the total funds appropriated for grants under this',
2898:'section and section 604 of this title in fiscal year 2009; iii 0.36 percent of the total funds appropriated for',
2899:'grants under this section and section 604 of this title in fiscal year 2010; iv 0.355 percent of the total',
2900:'funds appropriated for grants under this section and section 604 of this title in fiscal year 2011; and v 0.35',
2901:'percent of the total funds appropriated for grants under this section and section 604 of this title in fiscal year',
2902:'2012 and in each fiscal year thereafter; and b for each fiscal year, american samoa, the commonwealth of the northern',
2903:'mariana islands, guam, and the virgin islands each receive, from the funds appropriated for the state homeland security grant program',
2904:'established under this section, not less than an amount equal to 0.08 percent of the total funds appropriated for grants',
2905:'under this section and section 604 of this title. 2 effect of multistate award on state minimum—any portion of a',
2906:'multistate award provided to a state under subsection d shall be considered in calculating the minimum state allocation under this',
2907:'subsection. f authorization of appropriations— there are authorized to be appropriated for grants under this section— 1 $950,000,000 for each',
2908:'of fiscal years 2008 through 2012; and 2 such sums as are necessary for fiscal year 2013, and each fiscal',
2909:'year thereafter. selected statutes 6 u.s.c. § 605 §606. grants to directly eligible tribes a in general—notwithstanding section 605b of',
2910:'this title, the administrator may award grants to directly eligible tribes under section 605 of this title. b tribal applications—a',
2911:'directly eligible tribe may apply for a grant under section 605 of this title by submitting an application to the',
2912:'administrator that includes, as appropriate, the information required for an application by a state under section 605b of this title.',
2913:'c consistency with state plans 1 in general—to ensure consistency with any applicable state homeland security plan, a directly eligible',
2914:'tribe applying for a grant under section 605 of this title shall provide a copy of its application to each',
2915:'state within which any part of the tribe is located for review before the tribe submits such application to the',
2916:'department. 2 opportunity for comment—if the governor of a state determines that the application of a directly eligible tribe is',
2917:'inconsistent with the state homeland security plan of that state, or otherwise does not support the application, not later than',
2918:'30 days after the date of receipt of that application the governor shall— a notify the administrator, in writing, of',
2919:'that fact; and b provide an explanation of the reason for not supporting the application. d final authority—the administrator shall',
2920:'have final authority to approve any application of a directly eligible tribe. the administrator shall notify each state within the',
2921:'boundaries of which any part of a directly eligible tribe is located of the approval of an application by the',
2922:'tribe. e prioritization—the administrator shall allocate funds to directly eligible tribes in accordance with the factors applicable to allocating funds',
2923:'among states under section 608 of this title. f distribution of awards to directly eligible tribes—if the administrator awards funds',
2924:'to a directly eligible tribe under this section, the administrator shall distribute the grant funds directly to the tribe and',
2925:'not through any state. g minimum allocation 1 in general—in allocating funds under this section, the administrator shall ensure that,',
2926:'for each fiscal year, directly eligible tribes collectively receive, from the funds appropriated for the state homeland security grant program',
2927:'established under section 605 of this title, not less than an amount equal to 0.1 percent of the total funds',
2928:'appropriated for grants under sections 604 and 605 of this title. 2 exception—this subsection shall not apply in any fiscal',
2929:'year in which the administrator— a receives fewer than 5 applications under this section; or b does not approve at',
2930:'least 2 applications under this section. h tribal liaison—a directly eligible tribe applying for a grant under section 605 of',
2931:'this title shall designate an individual to serve as a tribal liaison with the department and other federal, state, local,',
2932:'and regional government officials concerning preventing, preparing for, protecting against, and responding to acts of terrorism. i eligibility for other',
2933:'funds—a directly eligible tribe that receives a grant selected statutes 6 u.s.c. § 606 under section 605 of this title',
2934:'may receive funds for other purposes under a grant from the state or states within the boundaries of which any',
2935:'part of such tribe is located and from any highrisk urban area of which it is a part, consistent with',
2936:'the homeland security plan of the state or highrisk urban area. j state obligations 1 in general—states shall be responsible',
2937:'for allocating grant funds received under section 605 of this title to tribal governments in order to help those tribal',
2938:'communities achieve target capabilities not achieved through grants to directly eligible tribes. 2 distribution of grant funds— with respect to',
2939:'a grant to a state under section 605 of this title, an indian tribe shall be eligible for funding directly',
2940:'from that state, and shall not be required to seek funding from any local government. 3 imposition of requirements—a state',
2941:'may not impose unreasonable or unduly burdensome requirements on an indian tribe as a condition of providing the indian tribe',
2942:'with grant funds or resources under section 605 of this title. k rule of construction—nothing in this section shall be',
2943:'construed to affect the authority of an indian tribe that receives funds under this part. §607. terrorism prevention a law',
2944:'enforcement terrorism prevention program 1 in general—the administrator shall ensure that not less than 25 percent of the total combined',
2945:'funds appropriated for grants under sections 604 and 605 of this title is used for law enforcement terrorism prevention activities.',
2946:'2 law enforcement terrorism prevention activities—law enforcement terrorism prevention activities include— a information sharing and analysis; b target hardening; c',
2947:'threat recognition; d terrorist interdiction; e training exercises to enhance preparedness for and response to mass casualty and active shooter',
2948:'incidents and security events at public locations, including airports and mass transit systems; f overtime expenses consistent with a state',
2949:'homeland security plan, including for the provision of enhanced law enforcement operations in support of federal agencies, including for increased',
2950:'border security and border crossing enforcement; g establishing, enhancing, and staffing with appropriately qualified personnel state, local, and regional fusion',
2951:'centers that comply with the guidelines established under section 124hi of this title; h paying salaries and benefits for personnel,',
2952:'including individuals employed by the grant recipient on the date of the relevant grant application, to serve as qualified intelligence',
2953:'analysts; i any other activity permitted under the fiscal year 2007 program guidance of the department for the law enforcement',
2954:'terrorism prevention program; and j any other terrorism prevention activity authorized by the administrator. selected statutes 6 u.s.c. §§ 606,',
2955:'607 3 participation of underrepresented communities in fusion centers—the administrator shall ensure that grant funds described in paragraph 1 are',
2956:'used to support the participation, as appropriate, of law enforcement and other emergency response providers from rural and other underrepresented',
2957:'communities at risk from acts of terrorism in fusion centers. b office for state and local law enforcement 1 establishment—there',
2958:'is established in the policy directorate of the department an office for state and local law enforcement, which shall be',
2959:'headed by an assistant secretary for state and local law enforcement. 2 qualifications—the assistant secretary for state and local law',
2960:'enforcement shall have an appropriate background with experience in law enforcement, intelligence, and other counterterrorism functions. 3 assignment of personnel—the',
2961:'secretary shall assign to the office for state and local law enforcement permanent staff and, as appropriate and consistent with',
2962:'sections 316c2, 381, and 468d of this title, other appropriate personnel detailed from other components of the department to carry',
2963:'out the responsibilities under this subsection. 4 responsibilities—the assistant secretary for state and local law enforcement shall— a lead the',
2964:'coordination of department wide policies relating to the role of state and local law enforcement in preventing, preparing for, protecting',
2965:'against, and responding to natural disasters, acts of terrorism, and other man made disasters within the united states; b serve',
2966:'as a liaison between state, local, and tribal law enforcement agencies and the department; c coordinate with the office of',
2967:'intelligence and analysis to ensure the intelligence and information sharing requirements of state, local, and tribal law enforcement agencies are',
2968:'being addressed; d work with the administrator to ensure that law enforcement and terrorismfocused grants to state, local, and tribal',
2969:'government agencies, including grants under sections 604 and 605 of this title, the commercial equipment direct assistance program, and other',
2970:'grants administered by the department to support fusion centers and law enforcementoriented programs, are appropriately focused on terrorism prevention activities;',
2971:'e coordinate with the science and technology directorate, the federal emergency management agency, the department of justice, the national institute',
2972:'of justice, law enforcement organizations, and other appropriate entities to support the development, promulgation, and updating, as necessary, of national',
2973:'voluntary consensus standards for training and personal protective equipment to be used in a tactical environment by law enforcement officers;',
2974:'and f conduct, jointly with the administrator, a study to determine the efficacy and feasibility of establishing specialized law enforcement',
2975:'deployment teams to selected statutes 6 u.s.c. § 607 assist state, local, and tribal governments in responding to natural disasters,',
2976:'acts of terrorism, or other manmade disasters and report on the results of that study to the appropriate committees of',
2977:'congress. 5 rule of construction—nothing in this subsection shall be construed to diminish, supercede, or replace the responsibilities, authorities, or',
2978:'role of the administrator. §608. prioritization a in general—in allocating funds among states and highrisk urban areas applying for grants',
2979:'under section 604 or 605 of this title, the administrator shall consider, for each state or high risk urban area—',
2980:'1 its relative threat, vulnerability, and consequences from acts of terrorism, including consideration of— a its population, including appropriate consideration',
2981:'of military, tourist, and commuter populations; b its population density; c its history of threats, including whether it has been',
2982:'the target of a prior act of terrorism; d its degree of threat, vulnerability, and consequences related to critical infrastructure',
2983:'for all critical infrastructure sectors or key resources identified by the administrator or the state homeland security plan, including threats,',
2984:'vulnerabilities, and consequences related to critical infrastructure or key resources in nearby jurisdictions; e the most current threat assessments available',
2985:'to the department; f whether the state has, or the highrisk urban area is located at or near, an international',
2986:'border; g whether it has a coastline bordering an ocean including the gulf of mexico or international waters; h its',
2987:'likely need to respond to acts of terrorism occurring in nearby jurisdictions; i the extent to which it has unmet',
2988:'target capabilities; j in the case of a highrisk urban area, the extent to which that highrisk urban area includes—',
2989:'i those incorporated municipalities, counties, parishes, and indian tribes within the relevant eligible metropolitan area, the inclusion of which will',
2990:'enhance regional efforts to prevent, prepare for, protect against, and respond to acts of terrorism; and ii other local and',
2991:'tribal governments in the surrounding area that are likely to be called upon to respond to acts of terrorism within',
2992:'the highrisk urban area; and k such other factors as are specified in writing by the administrator; and 2 the',
2993:'anticipated effectiveness of the proposed use of the grant by the state or highrisk urban area in increasing the ability',
2994:'of that state or highrisk urban area to prevent, prepare for, protect against, and respond to acts of terrorism, to',
2995:'meet its target capabilities, and to otherwise reduce the overall risk to the highrisk urban area, the state, or the',
2996:'nation. b types of threat—in assessing selected statutes 6 u.s.c. § 608 threat under this section, the administrator shall consider',
2997:'the following types of threat to critical infrastructure sectors and to populations in all areas of the united states, urban',
2998:'and rural: 1 biological. 2 chemical. 3 cyber. 4 explosives. 5 incendiary. 6 nuclear. 7 radiological. 8 suicide bombers. 9',
2999:'such other types of threat determined relevant by the administrator. §609. use of funds a permitted uses—the administrator shall permit',
3000:'the recipient of a grant under section 604 or 605 of this title to use grant funds to achieve target',
3001:'capabilities related to preventing, preparing for, protecting against, and responding to acts of terrorism, consistent with a state homeland security',
3002:'plan and relevant local, tribal, and regional homeland security plans, including by working in conjunction with a national laboratory as',
3003:'defined in section 158013 of title 42, through— 1 developing and enhancing homeland security, emergency management, or other relevant plans,',
3004:'assessments, or mutual aid agreements; 2 designing, conducting, and evaluating training and exercises, including training and exercises conducted under section',
3005:'321a of this title and section 748 of this title; 3 protecting a system or asset included on the prioritized',
3006:'critical infrastructure list established under section 124la2 of this title; 4 purchasing, upgrading, storing, or maintaining equipment, including computer hardware',
3007:'and software; 5 ensuring operability and achieving interoperability of emergency communications; 6 responding to an increase in the threat level',
3008:'under the homeland security advisory system, or to the needs resulting from a national special security event; 7 establishing, enhancing,',
3009:'and staffing with appropriately qualified personnel state, local, and regional fusion centers that comply with the guidelines established under section',
3010:'124hi of this title; 8 enhancing school preparedness; 9 enhancing the security and preparedness of secure and nonsecure areas of',
3011:'eligible airports and surface transportation systems; 10 supporting public safety answering points; 11 paying salaries and benefits for personnel, including',
3012:'individuals employed by the grant recipient on the date of the relevant grant application, to serve as qualified intelligence analysts,',
3013:'regardless of whether such analysts are current or new fulltime employees or contract employees; 12 paying expenses directly related to',
3014:'administration of the grant, except that such expenses may not exceed 3 percent of the amount of the grant; 13',
3015:'any activity permitted under the fiscal year 2007 program guidance of the department for the state homeland security grant program,',
3016:'the urban area security initiative including activities permitted under the fulltime counterterrorism staff selected statutes 6 u.s.c. § 609 ing',
3017:'pilot, or the law enforcement terrorism prevention program; and 14 any other appropriate activity, as determined by the administrator. b',
3018:'limitations on use of funds 1 in general—funds provided under section 604 or 605 of this title may not be',
3019:'used— a to supplant state or local funds, except that nothing in this paragraph shall prohibit the use of grant',
3020:'funds provided to a state or highrisk urban area for otherwise permissible uses under subsection a on the basis that',
3021:'a state or highrisk urban area has previously used state or local funds to support the same or similar uses;',
3022:'or b for any state or local government costsharing contribution. 2 personnel— a in general—not more than 50 percent of',
3023:'the amount awarded to a grant recipient under section 604 or 605 of this title in any fiscal year may',
3024:'be used to pay for personnel, including overtime and backfill costs, in support of the permitted uses under subsection a.',
3025:'b waiver—at the request of the recipient of a grant under section 604 or 605 of this title, the administrator',
3026:'may grant a waiver of the limitation under subparagraph a. 3 limitations on discretion— a in general—with respect to the',
3027:'use of amounts awarded to a grant recipient under section 604 or 605 of this title for personnel costs in',
3028:'accordance with paragraph 2 of this subsection, the administrator may not— i impose a limit on the amount of the',
3029:'award that may be used to pay for personnel, or personnel related, costs that is higher or lower than the',
3030:'percent limit imposed in paragraph 2a; or ii impose any additional limitation on the portion of the funds of a',
3031:'recipient that may be used for a specific type, purpose, or category of personnel, or personnelrelated, costs. b analysts—if amounts',
3032:'awarded to a grant recipient under section 604 or 605 of this title are used for paying salary or benefits',
3033:'of a qualified intelligence analyst under subsection a10, the administrator shall make such amounts available without time limitations placed on',
3034:'the period of time that the analyst can serve under the grant. 4 construction— a in general—a grant awarded under',
3035:'section 604 or 605 of this title may not be used to acquire land or to construct buildings or other',
3036:'physical facilities. b exceptions— i in general—notwithstanding subparagraph a, nothing in this paragraph shall prohibit the use of a grant',
3037:'awarded under section 604 or 605 of this title to achieve target capabilities related to preventing, preparing for, protecting against,',
3038:'or responding to acts of terrorism, including through the alteration or remodeling of existing buildings for the purpose of making',
3039:'such buildings secure against acts of terrorism. selected statutes 6 u.s.c. § 609 ii requirements for exception— no grant awarded',
3040:'under section 604 or 605 of this title may be used for a purpose described in clause i unless— i',
3041:'specifically approved by the administrator; ii any construction work occurs under terms and conditions consistent with the requirements under section',
3042:'5196j9 of title 42; and iii the amount allocated for purposes under clause i does not exceed the greater of',
3043:'$1,000,000 or 15 percent of the grant award. 5 recreation—grants awarded under this part may not be used for recreational',
3044:'or social purposes. c multiplepurpose funds—nothing in this part shall be construed to prohibit state, local, or tribal governments from',
3045:'using grant funds under sections 604 and 605 of this title in a manner that enhances preparedness for disasters unrelated',
3046:'to acts of terrorism, if such use assists such governments in achieving target capabilities related to preventing, preparing for, protecting',
3047:'against, or responding to acts of terrorism. d reimbursement of costs 1 paidoncall or volunteer reimbursement— in addition to the',
3048:'activities described in subsection a, a grant under section 604 or 605 of this title may be used to provide',
3049:'a reasonable stipend to paidoncall or volunteer emergency response providers who are not otherwise compensated for travel to or participation',
3050:'in training or exercises related to the purposes of this part. any such reimbursement shall not be considered compensation for',
3051:'purposes of rendering an emergency response provider an employee under the fair labor standards act of 1938 29 u.s.c. 201',
3052:'et seq.. 2 performance of federal duty— an applicant for a grant under section 604 or 605 of this title',
3053:'may petition the administrator to use the funds from its grants under those sections for the reimbursement of the cost',
3054:'of any activity relating to preventing, preparing for, protecting against, or responding to acts of terrorism that is a federal',
3055:'duty and usually performed by a federal agency, and that is being performed by a state or local government under',
3056:'agreement with a federal agency. e flexibility in unspent homeland security grant funds—upon request by the recipient of a grant',
3057:'under section 604 or 605 of this title, the administrator may authorize the grant recipient to transfer all or part',
3058:'of the grant funds from uses specified in the grant agreement to other uses authorized under this section, if the',
3059:'administrator determines that such transfer is in the interests of homeland security. f equipment standards—if an applicant for a grant',
3060:'under section 604 or 605 of this title proposes to upgrade or purchase, with assistance provided under that grant, new',
3061:'equipment or systems that do not meet or exceed any applicable national voluntary consensus standards developed under section 747 of',
3062:'this title, the applicant shall include in its application an explanation of why such equipment or systems will serve the',
3063:'needs of the applicant better than equipment or systems that meet or exceed such standards. selected statutes 6 u.s.c. §',
3064:'609 §611. administration and coordination a regional coordination—the administrator shall ensure that— 1 all recipients of grants administered by the',
3065:'department to prevent, prepare for, protect against, or respond to natural disasters, acts of terrorism, or other manmade disasters excluding',
3066:'assistance provided under section 203, title iv, or title v of the robert t. stafford disaster relief and emergency assistance',
3067:'act 42 u.s.c. 5133, 5170 et seq., and 5191 et seq. coordinate, as appropriate, their prevention, preparedness, and protection efforts',
3068:'with neighboring state, local, and tribal governments; and 2 all highrisk urban areas and other recipients of grants administered by',
3069:'the department to prevent, prepare for, protect against, or respond to natural disasters, acts of terrorism, or other manmade disasters',
3070:'excluding assistance provided under section 203, title iv, or title v of the robert t. stafford disaster relief and emergency',
3071:'assistance act 42 u.s.c. 5133, 5170 et seq., and 5191 et seq. that include or substantially affect parts or all',
3072:'of more than 1 state coordinate, as appropriate, across state boundaries, including, where appropriate, through the use of regional working',
3073:'groups and requirements for regional plans. b planning committees 1 in general—any state or high risk urban area receiving a',
3074:'grant under section 604 or 605 of this title shall establish a planning committee to assist in preparation and revision',
3075:'of the state, regional, or local homeland security plan and to assist in determining effective funding priorities for grants under',
3076:'sections 604 and 605 of this title. 2 composition— a in general—the planning committee shall include representatives of significant stakeholders,',
3077:'including— i local and tribal government officials; and ii emergency response providers, which shall include representatives of the fire service,',
3078:'law enforcement, emergency medical response, and emergency managers. b geographic representation— the members of the planning committee shall be a',
3079:'representative group of individuals from the counties, cities, towns, and indian tribes within the state or high risk urban area,',
3080:'including, as appropriate, representatives of rural, highpopulation, and highthreat jurisdictions. 3 existing planning committees— nothing in this subsection may be',
3081:'construed to require that any state or highrisk urban area create a planning committee if that state or highrisk urban',
3082:'area has established and uses a multijurisdictional planning committee or commission that meets the requirements of this subsection. c interagency',
3083:'coordination 1 in general—not later than 12 months after august 3, 2007, the secretary acting through the administrator, the attorney',
3084:'general, the secretary of health and human services, and the heads of other agencies providing assistance to state, local, and',
3085:'tribal governments selected statutes 6 u.s.c. § 611 for preventing, preparing for, protecting against, and responding to natural disasters, acts',
3086:'of terrorism, and other manmade disasters, shall jointly— a compile a comprehensive list of federal grant programs for state, local,',
3087:'and tribal governments for preventing, preparing for, protecting against, and responding to natural disasters, acts of terrorism, and other manmade',
3088:'disasters; b compile the planning, reporting, application, and other requirements and guidance for the grant programs described in subparagraph a;',
3089:'c develop recommendations, as appropriate, to— i eliminate redundant and duplicative requirements for state, local, and tribal governments, including onerous',
3090:'application and ongoing reporting requirements; ii ensure accountability of the programs to the intended purposes of such programs; iii coordinate',
3091:'allocation of grant funds to avoid duplicative or inconsistent purchases by the recipients; iv make the programs more accessible and',
3092:'user friendly to applicants; and v ensure the programs are coordinated to enhance the overall preparedness of the nation; d',
3093:'submit the information and recommendations under subparagraphs a, b, and c to the appropriate committees of congress; and e provide',
3094:'the appropriate committees of congress, the comptroller general, and any officer or employee of the government accountability office with full',
3095:'access to any information collected or reviewed in preparing the submission under subparagraph d. 2 scope of task—nothing in this',
3096:'subsection shall authorize the elimination, or the alteration of the purposes, as delineated by statute, regulation, or guidance, of any',
3097:'grant program that exists on august 3, 2007, nor authorize the review or preparation of proposals on the elimination, or',
3098:'the alteration of such purposes, of any such grant program. d sense of congress—it is the sense of congress that,',
3099:'in order to ensure that the nation is most effectively able to prevent, prepare for, protect against, and respond to',
3100:'all hazards, including natural disasters, acts of terrorism, and other manmade disasters— 1 the department should administer a coherent and',
3101:'coordinated system of both terrorismfocused and allhazards grants; 2 there should be a continuing and appropriate balance between funding for',
3102:'terrorismfocused and all hazards preparedness, as reflected in the authorizations of appropriations for grants under the amendments made by titles',
3103:'i and ii, as applicable, of the implementing recommendations of the 9/11 commission act of 2007; and 3 with respect',
3104:'to terrorismfocused grants, it is necessary to ensure both that the target capabilities of the highest risk areas are achieved',
3105:'quickly and that basic levels of preparedness, as measured by the attainment of target capabilities, are selected statutes 6 u.s.c.',
3106:'§ 611 achieved nationwide. §612. accountability a audits of grant programs 1 compliance requirements— a audit requirement—each recipient of a',
3107:'grant administered by the department that expends not less than $500,000 in federal funds during its fiscal year shall submit',
3108:'to the administrator a copy of the organizationwide financial and compliance audit report required under chapter 75 of title 31.',
3109:'b access to information—the department and each recipient of a grant administered by the department shall provide the comptroller general',
3110:'and any officer or employee of the government accountability office with full access to information regarding the activities carried out',
3111:'related to any grant administered by the department. c improper payments—consistent with the improper payments information act of 2002 31',
3112:'u.s.c. 3321 note, for each of the grant programs under sections 604 and 605 of this title and section 762',
3113:'of this title, the administrator shall specify policies and procedures for— i identifying activities funded under any such grant program',
3114:'that are susceptible to significant improper payments; and ii reporting any improper payments to the department. 2 agency program review—',
3115:'a in general—not less than once every 2 years, the administrator shall conduct, for each state and high risk urban',
3116:'area receiving a grant administered by the department, a programmatic and financial review of all grants awarded by the department',
3117:'to prevent, prepare for, protect against, or respond to natural disasters, acts of terrorism, or other man made disasters, excluding',
3118:'assistance provided under section 203, title iv, or title v of the robert t. stafford disaster relief and emergency assistance',
3119:'act 42 u.s.c. 5133, 5170 et seq., and 5191 et seq.. b contents—each review under subparagraph a shall, at a',
3120:'minimum, examine— i whether the funds awarded were used in accordance with the law, program guidance, and state homeland security',
3121:'plans or other applicable plans; and ii the extent to which funds awarded enhanced the ability of a grantee to',
3122:'prevent, prepare for, protect against, and respond to natural disasters, acts of terrorism, and other manmade disasters. c authorization of',
3123:'appropriations— in addition to any other amounts authorized to be appropriated to the administrator, there are authorized to be appropriated',
3124:'to the administrator for reviews under this paragraph— i $8,000,000 for each of fiscal years 2008, 2009, and 2010; and',
3125:'ii such sums as are necessary for fiscal year 2011, and each fiscal year thereafter. 3 performance assessment—in order to',
3126:'ensure that states and high risk urban areas are using grants administered by the department appropriately to meet target capabilities',
3127:'and preparedness priorities, the selected statutes 6 u.s.c. § 612 administrator shall— a ensure that any such state or highrisk',
3128:'urban area conducts or participates in exercises under section 748b of this title; b use performance metrics in accordance with',
3129:'the comprehensive assessment system under section 749 of this title and ensure that any such state or highrisk urban area',
3130:'regularly tests its progress against such metrics through the exercises required under subparagraph a; c use the remedial action management',
3131:'program under section 750 of this title; and d ensure that each state receiving a grant administered by the department',
3132:'submits a report to the administrator on its level of preparedness, as required by section 752c of this title. 4',
3133:'consideration of assessments— in conducting program reviews and performance audits under paragraphs 2 and 3, the administrator and the inspector',
3134:'general of the department shall take into account the performance assessment elements required under paragraph 4. 5 recovery audits—the administrator',
3135:'shall conduct a recovery audit under section 2h of the improper payments elimination and recovery act of 2010 31 u.s.c.',
3136:'3321 note for any grant administered by the department with a total value of not less than $1,000,000, if the',
3137:'administrator finds that— a a financial audit has identified improper payments that can be recouped; and b it is cost',
3138:'effective to conduct a recovery audit to recapture the targeted funds. 6 remedies for noncompliance— a in general—if, as a',
3139:'result of a review or audit under this subsection or otherwise, the administrator finds that a recipient of a grant',
3140:'under this subchapter has failed to substantially comply with any provision of law or with any regulations or guidelines of',
3141:'the department regarding eligible expenditures, the administrator shall— i reduce the amount of payment of grant funds to the recipient',
3142:'by an amount equal to the amount of grants funds that were not properly expended by the recipient; ii limit',
3143:'the use of grant funds to programs, projects, or activities not affected by the failure to comply; iii refer the',
3144:'matter to the inspector general of the department for further investigation; iv terminate any payment of grant funds to be',
3145:'made to the recipient; or v take such other action as the administrator determines appropriate. b duration of penalty—the administrator',
3146:'shall apply an appropriate penalty under subparagraph a until such time as the administrator determines that the grant recipient is',
3147:'in full compliance with the law and with applicable guidelines or regulations of the department. b reports by grant recipients',
3148:'1 quarterly reports on homeland security spending— selected statutes 6 u.s.c. § 612 a in general—as a condition of receiving',
3149:'a grant under section 604 or 605 of this title, a state, highrisk urban area, or directly eligible tribe shall,',
3150:'not later than 30 days after the end of each federal fiscal quarter, submit to the administrator a report on',
3151:'activities performed using grant funds during that fiscal quarter. b contents—each report submitted under subparagraph a shall at a minimum',
3152:'include, for the applicable state, highrisk urban area, or directly eligible tribe, and each subgrantee thereof— i the amount obligated',
3153:'to that recipient under section 604 or 605 of this title in that quarter; ii the amount of funds received',
3154:'and expended under section 604 or 605 of this title by that recipient in that quarter; and iii a summary',
3155:'description of expenditures made by that recipient using such funds, and the purposes for which such expenditures were made. c',
3156:'endofyear report—the report submitted under subparagraph a by a state, highrisk urban area, or directly eligible tribe relating to the',
3157:'last quarter of any fiscal year shall include— i the amount and date of receipt of all funds received under',
3158:'the grant during that fiscal year; ii the identity of, and amount provided to, any subgrantee for that grant during',
3159:'that fiscal year; iii the amount and the dates of disbursements of all such funds expended in compliance with section',
3160:'611a1 of this title or under mutual aid agreements or other sharing arrangements that apply within the state, highrisk urban',
3161:'area, or directly eligible tribe, as applicable, during that fiscal year; and iv how the funds were used by each',
3162:'recipient or subgrantee during that fiscal year. 2 annual report—any state applying for a grant under section 605 of this',
3163:'title shall submit to the administrator annually a state preparedness report, as required by section 752c of this title. c',
3164:'reports by the administrator 1 federal preparedness report—the administrator shall submit to the appropriate committees of congress annually the federal',
3165:'preparedness report required under section 752a of this title. 2 risk assessment— a in general—for each fiscal year, the administrator',
3166:'shall provide to the appropriate committees of congress a detailed and comprehensive explanation of the methodologies used to calculate risk',
3167:'and compute the allocation of funds for grants administered by the department, including— i all variables included in the risk',
3168:'assessment and the weights assigned to each such variable; ii an explanation of how each such variable, as weighted, correlates',
3169:'to risk, and the basis for concluding there is such a correlation; and iii any change in the methodologies from',
3170:'the previous fiscal year, including changes in vari selected statutes 6 u.s.c. § 612 ables considered, weighting of those variables,',
3171:'and computational methods. b classified annex—the information required under subparagraph a shall be provided in unclassified form to the greatest',
3172:'extent possible, and may include a classified annex if necessary. c deadline—for each fiscal year, the information required under subparagraph',
3173:'a shall be provided on the earlier of— i october 31; or ii 30 days before the issuance of any',
3174:'program guidance for grants administered by the department. 3 tribal funding report—at the end of each fiscal year, the administrator',
3175:'shall submit to the appropriate committees of congress a report setting forth the amount of funding provided during that fiscal',
3176:'year to indian tribes under any grant program administered by the department, whether provided directly or through a subgrant from',
3177:'a state or highrisk urban area. §613. identification of reporting redundancies and development of performance metrics a definition—in this section,',
3178:'the term “covered grants” means grants awarded under section 604 of this title, grants awarded under section 605 of this',
3179:'title, and any other grants specified by the administrator. b initial report—not later than 90 days after october 12, 2010,',
3180:'the administrator shall submit to the appropriate committees of congress a report that includes— 1 an assessment of redundant reporting',
3181:'requirements imposed by the administrator on state, local, and tribal governments in connection with the awarding of grants, including— a',
3182:'a list of each discrete item of data requested by the administrator from grant recipients as part of the process',
3183:'of administering covered grants; b identification of the items of data from the list described in subparagraph a that are',
3184:'required to be submitted by grant recipients on multiple occasions or to multiple systems; and c identification of the items',
3185:'of data from the list described in subparagraph a that are not necessary to be collected in order for the',
3186:'administrator to effectively and efficiently administer the programs under which covered grants are awarded; 2 a plan, including a specific',
3187:'timetable, for eliminating any redundant and unnecessary reporting requirements identified under paragraph 1; and 3 a plan, including a specific',
3188:'timetable, for promptly developing a set of quantifiable performance measures and metrics to assess the effectiveness of the programs under',
3189:'which covered grants are awarded. c biennial reports—not later than 1 year after the date on which the initial report',
3190:'is required to be submitted under subsection b, and once every 2 years thereafter, the administrator shall submit to the',
3191:'appropriate committees of congress a grants management report that includes— 1 the status of efforts to eliminate selected statutes 6',
3192:'u.s.c. § 613 redundant and unnecessary reporting requirements imposed on grant recipients, including— a progress made in implementing the plan',
3193:'required under subsection b2; b a reassessment of the reporting requirements to identify and eliminate redundant and unnecessary requirements; 2',
3194:'the status of efforts to develop quantifiable performance measures and metrics to assess the effectiveness of the programs under which',
3195:'the covered grants are awarded, including— a progress made in implementing the plan required under subsection b3; b progress made',
3196:'in developing and implementing additional performance metrics and measures for grants, including as part of the comprehensive assessment system required',
3197:'under section 749 of this title; and 3 a performance assessment of each program under which the covered grants are',
3198:'awarded, including— a a description of the objectives and goals of the program; b an assessment of the extent to',
3199:'which the objectives and goals described in subparagraph a have been met, based on the quantifiable performance measures and metrics',
3200:'required under this section, section 612a4 of this title, and section 749 of this title; c recommendations for any program',
3201:'modifications to improve the effectiveness of the program, to address changed or emerging conditions; and d an assessment of the',
3202:'experience of recipients of covered grants, including the availability of clear and accurate information, the timeliness of reviews and awards,',
3203:'and the provision of technical assistance, and recommendations for improving that experience. d grants program measurement study [requiring report during',
3204:'fy12] §701. definitions in this title— 1 the term “administrator” means the administrator of the agency; 2 the term “agency”',
3205:'means the federal emergency management agency; 3 the term “appropriate committees of congress” means— a the committee on homeland security',
3206:'and governmental affairs of the senate; and b those committees of the house of representatives that the speaker of the',
3207:'house of representatives determines appropriate; 4 the term “catastrophic incident” means any natural disaster, act of terrorism, or other manmade',
3208:'disaster that results in extraordinary levels of casualties or damage or disruption severely affecting the population including mass evacuations, infrastructure,',
3209:'environment, economy, national morale, or government functions in an area; 5 the term “department” means the department of homeland security;',
3210:'6 the terms “emergency” and “major disaster” have the meanings given the terms in section 5122 of title 42; selected',
3211:'statutes 6 u.s.c. §§ 613, 701 “this title” refers to title vi of pub. l. 109 295, pkemra. 7 the',
3212:'term “emergency management” means the governmental function that coordinates and integrates all activities necessary to build, sustain, and improve the',
3213:'capability to prepare for, protect against, respond to, recover from, or mitigate against threatened or actual natural disasters, acts of',
3214:'terrorism, or other manmade disasters; 8 the term “emergency response provider” has the meaning given the term in section 101',
3215:'of this title; 9 the term “federal coordinating officer” means a federal coordinating officer as described in section 5143 of',
3216:'title 42; 10 the term “individual with a disability” has the meaning given the term in section 12102 of title',
3217:'42; 11 the terms “local government” and “state” have the meaning given the terms in section 101 of this title;',
3218:'12 the term “national incident management system” means a system to enable effective, efficient, and collaborative incident management; 13 the',
3219:'term “national response plan” means the national response plan or any successor plan prepared under section 314a6 of this title;',
3220:'14 the term “secretary” means the secretary of homeland security; 15 the term “surge capacity” means the ability to rapidly',
3221:'and substantially increase the provision of search and rescue capabilities, food, water, medicine, shelter and housing, medical care, evacuation capacity,',
3222:'staffing including disaster assistance employees, and other resources necessary to save lives and protect property during a catastrophic incident; and',
3223:'16 the term “tribal government” means the government of an indian tribe or authorized tribal organization, or in alaska a',
3224:'native village or alaska regional native corporation. §711. surge capacity force a establishment 1 in general—not later than 6 months',
3225:'after october 4, 2006, the administrator shall prepare and submit to the appropriate committees of congress a plan to establish',
3226:'and implement a surge capacity force for deployment of individuals to respond to natural disasters, acts of terrorism, and other',
3227:'manmade disasters, including catastrophic incidents. 2 authority— a in general—except as provided in subparagraph b, the plan shall provide for',
3228:'individuals in the surge capacity force to be trained and deployed under the authorities set forth in the robert t.',
3229:'stafford disaster relief and emergency assistance act [42 u.s.c. 5121 et seq.]. b exception—if the administrator determines that the existing',
3230:'authorities are inadequate for the training and deployment of individuals in the surge capacity force, the administrator shall report to',
3231:'congress as to the additional statutory authorities that the administrator determines necessary. b employees designated to serve the plan shall',
3232:'include procedures under which the secretary shall designate employees of the department who are not employees of the agency and',
3233:'shall, in conjunction with the heads of other executive agencies, designate employees of those other executive agencies, as appropriate, to',
3234:'serve on the surge selected statutes 6 u.s.c. §§ 701, 711 capacity force. c capabilities the plan shall ensure that',
3235:'the surge capacity force— 1 includes a sufficient number of individuals credentialed in accordance with section 320 of this title',
3236:'that are capable of deploying rapidly and efficiently after activation to prepare for, respond to, and recover from natural disasters,',
3237:'acts of terrorism, and other manmade disasters, including catastrophic incidents; and 2 includes a sufficient number of fulltime, highly trained',
3238:'individuals credentialed in accordance with section 320 of this title to lead and manage the surge capacity force. d training',
3239:'the plan shall ensure that the administrator provides appropriate and continuous training to members of the surge capacity force to',
3240:'ensure such personnel are adequately trained on the agency’s programs and policies for natural disasters, acts of terrorism, and other',
3241:'manmade disasters. e no impact on agency personnel ceiling surge capacity force members shall not be counted against any personnel',
3242:'ceiling applicable to the federal emergency management agency. f expenses the administrator may provide members of the surge capacity force',
3243:'with travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter i',
3244:'of chapter 57 of title 5 for the purpose of participating in any training that relates to service as a',
3245:'member of the surge capacity force. g immediate implementation of surge capacity force involving federal employees as soon as practicable',
3246:'after october 4, 2006, the administrator shall develop and implement— 1 the procedures under subsection b; and 2 other elements',
3247:'of the plan needed to establish the portion of the surge capacity force consisting of individuals designated under those procedures.',
3248:'§721. evacuation preparedness technical assistance the administrator, in coordination with the heads of other appropriate federal agencies, shall provide evacuation',
3249:'preparedness technical assistance to state, local, and tribal governments, including the preparation of hurricane evacuation studies and technical assistance in',
3250:'developing evacuation plans, assessing storm surge estimates, evacuation zones, evacuation clearance times, transportation capacity, and shelter capacity. §722. urban search',
3251:'and rescue response system a in general there is in the agency a system known as the urban search and',
3252:'rescue response system. b [authorization of appropriations] §723. metropolitan medical response grant program a in general there is a metropolitan',
3253:'medical response program. selected statutes 6 u.s.c. §§ 711, 721723 b purposes the program shall include each purpose of the',
3254:'program as it existed on june 1, 2006. c [authorization of appropriations] §724. logistics the administrator shall develop an efficient,',
3255:'transparent, and flexible logistics system for procurement and delivery of goods and services necessary for an effective and timely response',
3256:'to natural disasters, acts of terrorism, and other manmade disasters and for real time visibility of items at each point',
3257:'throughout the logistics system. §725. prepositioned equipment program a in general the administrator shall establish a prepositioned equipment program to',
3258:'preposition standardized emergency equipment in at least 11 locations to sustain and replenish critical assets used by state, local, and',
3259:'tribal governments in response to or rendered inoperable by the effects of natural disasters, acts of terrorism, and other manmade',
3260:'disasters. b notice the administrator shall notify state, local, and tribal officials in an area in which a location for',
3261:'the prepositioned equipment program will be closed not later than 60 days before the date of such closure. §726. basic',
3262:'life supporting first aid and education the administrator shall enter into agreements with organizations to provide funds to emergency response',
3263:'providers to provide education and training in life supporting first aid to children. §727. improvements to information technology systems a',
3264:'measures to improve information technology systems the administrator, in coordination with the chief information officer of the department, shall take',
3265:'appropriate measures to update and improve the information technology systems of the agency, including measures to— 1 ensure that the',
3266:'multiple information technology systems of the agency including the national emergency management information system, the logistics information management system iii,',
3267:'and the automated deployment database are, to the extent practicable, fully compatible and can share and access information, as appropriate,',
3268:'from each other; 2 ensure technology enhancements reach the headquarters and regional offices of the agency in a timely fashion,',
3269:'to allow seamless integration; 3 develop and maintain a testing environment that ensures that all system components are properly and',
3270:'thoroughly tested before their release; 4 ensure that the information technology systems of the agency have the capacity to track',
3271:'disaster response personnel, mission assignments task orders, commodities, and supplies used in response to a natural disaster, act of terrorism,',
3272:'or other manmade disaster; 5 make appropriate improvements to the national emergency management information system to address selected statutes 6',
3273:'u.s.c. §§ 724727 shortcomings in such system on october 4, 2006; and 6 provide training, manuals, and guidance on information',
3274:'technology systems to personnel, including disaster response personnel, to help ensure employees can properly use information technology systems. b [report',
3275:'required 270 days after october 4, 2006] §728. disclosure of certain information to law enforcement agencies in the event of',
3276:'circumstances requiring an evacuation, sheltering, or mass relocation, the administrator may disclose information in any individual assistance database of the',
3277:'agency in accordance with section 552ab of title 5 commonly referred to as the “privacy act” to any law enforcement',
3278:'agency of the federal government or a state, local, or tribal government in order to identify illegal conduct or address',
3279:'public safety or security issues, including compliance with sex offender notification laws. §741. definitions in this part: 1 capability—the term',
3280:'“capability” means the ability to provide the means to accomplish one or more tasks under specific conditions and to specific',
3281:'performance standards. a capability may be achieved with any combination of properly planned, organized, equipped, trained, and exercised personnel that',
3282:'achieves the intended outcome. 2 credentialed; credentialing—the terms “credentialed” and “credentialing” have the meanings given those terms in section 311',
3283:'of this title. 3 hazard—the term “hazard” has the meaning given that term under section 5195aa1 of title 42. 4',
3284:'mission assignment—the term “mission assignment” means a work order issued to a federal agency by the agency, directing completion by',
3285:'that agency of a specified task and setting forth funding, other managerial controls, and guidance. 5 national preparedness goal— the',
3286:'term “national preparedness goal” means the national preparedness goal established under section 743 of this title. 6 national preparedness system—',
3287:'the term “national preparedness system” means the national preparedness system established under section 744 of this title. 7 national training',
3288:'program—the term “national training program” means the national training program established under section 748a of this title. 8 operational readiness—the',
3289:'term “operational readiness” means the capability of an organization, an asset, a system, or equipment to perform the missions or',
3290:'functions for which it is organized or designed. 9 performance measure—the term “performance measure” means a quantitative or qualitative characteristic',
3291:'used to gauge the results of an outcome compared to its intended purpose. 10 performance metric— the term “performance metric”',
3292:'means a particular value or characteristic used to measure the outcome that is generally expressed in terms of a baseline',
3293:'and a target. 11 prevention—the term “prevention” means any activity undertaken to avoid, prevent, or stop a threatened or actual',
3294:'act of terrorism. selected statutes 6 u.s.c. §§ 728741 12 resources—the term “resources” has the meaning given that term in',
3295:'section 311 of this title. 13 type—the term “type” means a classification of resources that refers to the capability of',
3296:'a resource. 14 typed; typing—the terms “typed” and “typing” have the meanings given those terms in section 311 of this',
3297:'title. §742. national preparedness in order to prepare the nation for all hazards, including natural disasters, acts of terrorism, and',
3298:'other manmade disasters, the president, consistent with the declaration of policy under section 5195 of title 42 and title v',
3299:'of the homeland security act of 2002 6 u.s.c. 311 et seq., as amended by this act, shall develop a',
3300:'national preparedness goal and a national preparedness system. §743. national preparedness goal a establishment the president, acting through the administrator,',
3301:'shall complete, revise, and update, as necessary, a national preparedness goal that defines the target level of preparedness to ensure',
3302:'the nation’s ability to prevent, respond to, recover from, and mitigate against natural disasters, acts of terrorism, and other manmade',
3303:'disasters. b national incident management system and national response plan the national preparedness goal, to the greatest extent practicable, shall',
3304:'be consistent with the national incident management system and the national response plan. §744. establishment of national preparedness system a',
3305:'establishment the president, acting through the administrator, shall develop a national preparedness system to enable the nation to meet the',
3306:'national preparedness goal. b components the national preparedness system shall include the following components: 1 target capabilities and preparedness priorities.',
3307:'2 equipment and training standards. 3 training and exercises. 4 comprehensive assessment system. 5 remedial action management program. 6 federal',
3308:'response capability inventory. 7 reporting requirements. 8 federal preparedness. c national planning scenarios the national preparedness system may include national',
3309:'planning scenarios. §745. national planning scenarios a in general the administrator, in coordination with the heads of appropriate federal agencies',
3310:'and the national advisory council, may develop planning scenarios to reflect the relative risk requirements presented by all hazards, including',
3311:'natural disasters, acts of terrorism, and other manmade disasters, in order to provide the foundation for the flexible and adaptive',
3312:'development of target capabilities and the identification of target capability levels to meet the national preparedness goal. selected statutes 6',
3313:'u.s.c. §§ 742745 b development in developing, revising, and replacing national planning scenarios, the administrator shall ensure that the scenarios—',
3314:'1 reflect the relative risk of all hazards and illustrate the potential scope, magnitude, and complexity of a broad range',
3315:'of representative hazards; and 2 provide the minimum number of representative scenarios necessary to identify and define the tasks and',
3316:'target capabilities required to respond to all hazards. §746. target capabilities and preparedness priorities a [requiring guidelines on target capabilities',
3317:'no more than 180 days after october 4, 2006] b distribution of guidelines the administrator shall ensure that the guidelines',
3318:'are provided promptly to the appropriate committees of congress and the states. c objectives the administrator shall ensure that the',
3319:'guidelines are specific, flexible, and measurable. d terrorism risk assessment with respect to analyzing and assessing the risk of acts',
3320:'of terrorism, the administrator shall consider— 1 the variables of threat, vulnerability, and consequences related to population including transient commuting',
3321:'and tourist populations, areas of high population density, critical infrastructure, coastline, and international borders; and 2 the most current risk',
3322:'assessment available from the chief intelligence officer of the department of the threats of terrorism against the united states. e',
3323:'preparedness priorities in establishing the guidelines under subsection a, the administrator shall establish preparedness priorities that appropriately balance the risk',
3324:'of all hazards, including natural disasters, acts of terrorism, and other manmade disasters, with the resources required to prevent, respond',
3325:'to, recover from, and mitigate against the hazards. f mutual aid agreements the administrator may provide support for the development',
3326:'of mutual aid agreements within states. §747. equipment and training standards a equipment standards 1 in general—the administrator, in coordination',
3327:'with the heads of appropriate federal agencies and the national advisory council, shall support the development, promulgation, and updating, as',
3328:'necessary, of national voluntary consensus standards for the performance, use, and validation of equipment used by federal, state, local, and',
3329:'tribal governments and nongovernmental emergency response providers. 2 requirements—the national voluntary consensus standards shall— a be designed to achieve equipment',
3330:'and other capabilities consistent with the national preparedness goal, including the safety and health of emergency response providers; b to',
3331:'the maximum extent practicable, be consistent with existing national voluntary consensus selected statutes 6 u.s.c. §§ 746747 standards; c take',
3332:'into account, as appropriate, threats that may not have been contemplated when the existing standards were developed; and d focus',
3333:'on maximizing operability, interoperability, interchangeability, durability, flexibility, efficiency, efficacy, portability, sustainability, and safety. b training standards the administrator shall— 1',
3334:'support the development, promulgation, and regular updating, as necessary, of national voluntary consensus standards for training; and 2 ensure that',
3335:'the training provided under the national training program is consistent with the standards. c consultation with standards organizations in carrying',
3336:'out this section, the administrator shall consult with representatives of relevant public and private sector national voluntary consensus standards development',
3337:'organizations. §748. training and exercises a national training program 1 in general—beginning not later than 180 days after october 4,',
3338:'2006, the administrator, in coordination with the heads of appropriate federal agencies, the national council on disability, and the national',
3339:'advisory council, shall carry out a national training program to implement the national preparedness goal, national incident management system, national',
3340:'response plan, and other related plans and strategies. 2 training partners—in developing and implementing the national training program, the administrator',
3341:'shall— a work with government training facilities, academic institutions, private organizations, and other entities that provide specialized, stateoftheart training for',
3342:'emergency managers or emergency response providers; and b utilize, as appropriate, training courses provided by community colleges, state and local',
3343:'public safety academies, state and private universities, and other facilities. b national exercise program 1 in general—beginning not later than',
3344:'180 days after october 4, 2006, the administrator, in coordination with the heads of appropriate federal agencies, the national council',
3345:'on disability, and the national advisory council, shall carry out a national exercise program to test and evaluate the national',
3346:'preparedness goal, national incident management system, national response plan, and other related plans and strategies. 2 requirements—the national exercise program—',
3347:'a shall be— i as realistic as practicable, based on current risk assessments, including credible threats, vulnerabilities, and consequences, and',
3348:'designed to stress the national preparedness system; ii designed, as practicable, to simulate the partial or complete incapacitation of a',
3349:'state, local, or tribal government; iii carried out, as appropriate, with a minimum degree of no selected statutes 6 u.s.c.',
3350:'§ 748 tice to involved parties regarding the timing and details of such exercises, consistent with safety considerations; iv designed',
3351:'to provide for the systematic evaluation of readiness and enhance operational understanding of the incident command system and relevant mutual',
3352:'aid agreements; v designed to address the unique requirements of populations with special needs, including the elderly; and vi designed',
3353:'to promptly develop afteraction reports and plans for quickly incorporating lessons learned into future operations; and b shall include a',
3354:'selection of model exercises that state, local, and tribal governments can readily adapt for use and provide assistance to state,',
3355:'local, and tribal governments with the design, implementation, and evaluation of exercises whether a model exercise program or an exercise',
3356:'designed locally that— i conform to the requirements under subparagraph a; ii are consistent with any applicable state, local, or',
3357:'tribal strategy or plan; and iii provide for systematic evaluation of readiness. 3 national level exercises—the administrator shall periodically, but',
3358:'not less than biennially, perform national exercises for the following purposes: a to test and evaluate the capability of federal,',
3359:'state, local, and tribal governments to detect, disrupt, and prevent threatened or actual catastrophic acts of terrorism, especially those involving',
3360:'weapons of mass destruction; and b to test and evaluate the readiness of federal, state, local, and tribal governments to',
3361:'respond and recover in a coordinated and unified manner to catastrophic incidents. §749. comprehensive assessment system a establishment the administrator,',
3362:'in coordination with the national council on disability and the national advisory council, shall establish a comprehensive system to assess,',
3363:'on an ongoing basis, the nation’s prevention capabilities and overall preparedness, including operational readiness. b performance metrics and measures the',
3364:'administrator shall ensure that each component of the national preparedness system, national incident management system, national response plan, and other',
3365:'related plans and strategies, and the reports required under section 752 of this title is developed, revised, and updated with',
3366:'clear and quantifiable performance metrics, measures, and outcomes. c contents the assessment system established under subsection a shall assess— 1',
3367:'compliance with the national preparedness system, national incident management system, national response plan, and other related plans and strategies; 2',
3368:'capability levels at the time of assessment against target capability levels defined pursuant to the selected statutes 6 u.s.c. §§',
3369:'748749 guidelines established under section 746a of this title; 3 resource needs to meet the desired target capability levels defined',
3370:'pursuant to the guidelines established under section 746a of this title; and 4 performance of training, exercises, and operations, §750.',
3371:'remedial action management program the administrator, in coordination with the national council on disability and the national advisory council, shall',
3372:'establish a remedial action management program to— 1 analyze training, exercises, and realworld events to identify and disseminate lessons learned',
3373:'and best practices; 2 generate and disseminate, as appropriate, after action reports to participants in exercises and realworld events; and',
3374:'3 conduct remedial action tracking and longterm trend analysis. §751. federal response capability inventory a in general in accordance with',
3375:'section 5196h1c of title 42, the administrator shall accelerate the completion of the inventory of federal response capabilities. b contents',
3376:'for each federal agency with responsibilities under the national response plan, the inventory shall include— 1 for each capability— a',
3377:'the performance parameters of the capability; b the timeframe within which the capability can be brought to bear on an',
3378:'incident; and c the readiness of the capability to respond to all hazards, including natural disasters, acts of terrorism, and',
3379:'other manmade disasters; 2 a list of personnel credentialed in accordance with section 320 of this title; 3 a list',
3380:'of resources typed in accordance with section 320 of this title; and 4 emergency communications assets maintained by the federal',
3381:'government and, if appropriate, state, local, and tribal governments and the private sector. c department of defense the administrator, in',
3382:'coordination with the secretary of defense, shall develop a list of organizations and functions within the department of defense that',
3383:'may be used, pursuant to the authority provided under the national response plan and sections 5170a, 5170b, and 5192 of',
3384:'title 42, to provide support to civil authorities during natural disasters, acts of terrorism, and other manmade disasters. d database',
3385:'the administrator shall establish an inventory database to allow— 1 realtime exchange of information regarding— a capabilities; b readiness; c',
3386:'the compatibility of equipment; d credentialed personnel; and e typed resources; 2 easy identification and rapid deployment of capabilities, creden',
3387:'selected statutes 6 u.s.c. §§ 750751 tialed personnel, and typed resources during an incident; and 3 the sharing of the',
3388:'inventory described in subsection a with other federal agencies, as appropriate. §752. reporting requirements a federal preparedness report 1 in',
3389:'general—not later than 12 months after october 4, 2006, and annually thereafter, the administrator, in coordination with the heads of',
3390:'appropriate federal agencies, shall submit to the appropriate committees of congress a report on the nation’s level of preparedness for',
3391:'all hazards, including natural disasters, acts of terrorism, and other manmade disasters. 2 contents—each report shall include— a an assessment',
3392:'of how federal assistance supports the national preparedness system; b the results of the comprehensive assessment carried out under section',
3393:'749 of this title; c a review of the inventory described in section 751 of this title, including the number',
3394:'and type of credentialed personnel in each category of personnel trained and ready to respond to a natural disaster, act',
3395:'of terrorism, or other manmade disaster; d an assessment of resource needs to meet preparedness priorities established under section 746e',
3396:'of this title, including— i an estimate of the amount of federal, state, local, and tribal expenditures required to attain',
3397:'the preparedness priorities; and ii the extent to which the use of federal assistance during the preceding fiscal year achieved',
3398:'the preparedness priorities; e an evaluation of the extent to which grants administered by the department, including grants under title',
3399:'xx of the homeland security act of 2002 [6 u.s.c. 601 et seq. ]— i have contributed to the progress',
3400:'of state, local, and tribal governments in achieving target capabilities; and ii have led to the reduction of risk from',
3401:'natural disasters, acts of terrorism, or other man made disasters nationally and in state, local, and tribal jurisdictions; and f',
3402:'a discussion of whether the list of credentialed personnel of the agency described in section 751b2 of this title— i',
3403:'complies with the strategic human capital plan developed under section 10102 of title 5; and ii is sufficient to respond',
3404:'to a natural disaster, act of terrorism, or other manmade disaster, including a catastrophic incident. b catastrophic resource report 1',
3405:'in general—the administrator shall develop and submit to the appropriate committees of congress annually an estimate of the resources of',
3406:'the agency and other federal agencies needed for and devoted specifically to developing the capabilities of federal, state, local, and',
3407:'tribal governments necessary to respond to a catastrophic incident. 2 contents—each estimate under paragraph 1 shall include the selected statutes',
3408:'6 u.s.c. § 752 resources both necessary for and devoted to— a planning; b training and exercises; c regional office',
3409:'enhancements; d staffing, including for surge capacity during a catastrophic incident; e additional logistics capabilities; f other responsibilities under the',
3410:'catastrophic incident annex and the catastrophic incident supplement of the national response plan; g state, local, and tribal government catastrophic',
3411:'incident preparedness; and h covering increases in the fixed costs or expenses of the agency, including rent or property acquisition',
3412:'costs or expenses, taxes, contributions to the working capital fund of the department, and security costs for the year after',
3413:'the year in which such estimate is submitted. c state preparedness report 1 in general—not later than 15 months after',
3414:'october 4, 2006, and annually thereafter, a state receiving federal preparedness assistance administered by the department shall submit a report',
3415:'to the administrator on the state’s level of preparedness. 2 contents—each report shall include— a an assessment of state compliance',
3416:'with the national preparedness system, national incident management system, national response plan, and other related plans and strategies; b an',
3417:'assessment of current capability levels and a description of target capability levels; and c a discussion of the extent to',
3418:'which target capabilities identified in the applicable state homeland security plan and other applicable plans remain unmet and an assessment',
3419:'of resources needed to meet the preparedness priorities established under section 746e of this title, including— i an estimate of',
3420:'the amount of expenditures required to attain the preparedness priorities; and ii the extent to which the use of federal',
3421:'assistance during the preceding fiscal year achieved the preparedness priorities. §753. federal preparedness a agency responsibility in support of the',
3422:'national preparedness system, the president shall ensure that each federal agency with responsibilities under the national response plan— 1 has',
3423:'the operational capability to meet the national preparedness goal, including— a the personnel to make and communicate decisions; b organizational',
3424:'structures that are assigned, trained, and exercised for the missions of the agency; c sufficient physical resources; and d the',
3425:'command, control, and communication channels to make, monitor, and communicate decisions; 2 complies with the national inci selected statutes 6',
3426:'u.s.c. §§ 752753 dent management system, including credentialing of personnel and typing of resources likely needed to respond to a',
3427:'natural disaster, act of terrorism, or other manmade disaster in accordance with section 320 of this title; 3 develops, trains,',
3428:'and exercises rosters of response personnel to be deployed when the agency is called upon to support a federal response;',
3429:'4 develops deliberate operational plans and the corresponding capabilities, including crisis planning, to respond effectively to natural disasters, acts of',
3430:'terrorism, and other manmade disasters in support of the national response plan to ensure a coordinated federal response; and 5',
3431:'regularly updates, verifies the accuracy of, and provides to the administrator the information in the inventory required under section 751',
3432:'of this title. b operational plans an operations plan developed under subsection a4 shall meet the following requirements: 1 the',
3433:'operations plan shall be coordinated under a unified system with a common terminology, approach, and framework. 2 the operations plan',
3434:'shall be developed, in coordination with state, local, and tribal government officials, to address both regional and national risks. 3',
3435:'the operations plan shall contain, as appropriate, the following elements: a concepts of operations. b critical tasks and responsibilities. c',
3436:'detailed resource and personnel requirements, together with sourcing requirements. d specific provisions for the rapid integration of the resources and',
3437:'personnel of the agency into the overall response. 4 the operations plan shall address, as appropriate, the following matters: a',
3438:'support of state, local, and tribal governments in conducting mass evacuations, including— i transportation and relocation; ii short and longterm',
3439:'sheltering and accommodation; iii provisions for populations with special needs, keeping families together, and expeditious location of missing children; and',
3440:'iv policies and provisions for pets. b the preparedness and deployment of public health and medical resources, including resources to',
3441:'address the needs of evacuees and populations with special needs. c the coordination of interagency search and rescue operations, including',
3442:'land, water, and airborne search and rescue operations. d the roles and responsibilities of the senior federal law enforcement official',
3443:'with respect to other law enforcement entities. e the protection of critical infrastructure. f the coordination of maritime salvage efforts',
3444:'among relevant agencies. g the coordination of department of defense and national selected statutes 6 u.s.c. § 753 guard support',
3445:'of civilian authorities. h to the extent practicable, the utilization of department of defense, national air and space administration, national',
3446:'oceanic and atmospheric administration, and commercial aircraft and satellite remotely sensed imagery. i the coordination and integration of support from',
3447:'the private sector and nongovernmental organizations. j the safe disposal of debris, including hazardous materials, and, when practicable, the recycling',
3448:'of debris. k the identification of the required surge capacity. l specific provisions for the recovery of affected geographic areas.',
3449:'c mission assignments to expedite the provision of assistance under the national response plan, the president shall ensure that the',
3450:'administrator, in coordination with federal agencies with responsibilities under the national response plan, develops prescripted mission assignments, including logistics, communications,',
3451:'mass care, health services, and public safety. d certification the president shall certify to the committee on homeland security and',
3452:'governmental affairs of the senate and the committee on homeland security and the committee on transportation and infrastructure of the',
3453:'house of representatives on an annual basis that each federal agency with responsibilities under the national response plan complies with',
3454:'subsections a and b. e construction nothing in this section shall be construed to limit the authority of the secretary',
3455:'of defense with regard to— 1 the command, control, training, planning, equipment, exercises, or employment of department of defense forces;',
3456:'or 2 the allocation of department of defense resources. §754. use of existing resources in establishing the national preparedness goal',
3457:'and national preparedness system, the administrator shall use existing preparedness documents, planning tools, and guidelines to the extent practicable and',
3458:'consistent with this act. §761. emergency management assistance compact grants a in general the administrator may make grants to administer',
3459:'the emergency management assistance compact consented to by the joint resolution entitled “joint resolution granting the consent of congress to',
3460:'the emergency management assistance compact” public law 104–321; 110 stat. 3877. b uses a grant under this section shall be',
3461:'used— 1 to carry out recommendations identified in the emergency management assistance compact after action reports for the 2004 and',
3462:'2005 hurricane season; 2 to administer compact operations on behalf of all member states and territories; 3 to continue coordination',
3463:'with selected statutes 6 u.s.c. §§ 754, 761 the agency and appropriate federal agencies; 4 to continue coordination with state,',
3464:'local, and tribal government entities and their respective national organizations; and 5 to assist state and local governments, emergency response',
3465:'providers, and organizations representing such providers with credentialing emergency response providers and the typing of emergency response resources. c coordination',
3466:'the administrator shall consult with the administrator of the emergency management assistance compact to ensure effective coordination of efforts in',
3467:'responding to requests for assistance. d [authorization] §762. emergency management performance grants program a definitions in this section— 1 the',
3468:'term “program” means the emergency management performance grants program described in subsection b; and 2 the term “state” has the',
3469:'meaning given that term in section 102 of the robert t. stafford disaster relief and emergency assistance act 42 u.s.c.',
3470:'5122. b in general the administrator of the federal emergency management agency shall continue implementation of an emergency management performance',
3471:'grants program, to make grants to states to assist state, local, and tribal governments in preparing for all hazards, as',
3472:'authorized by the robert t. stafford disaster relief and emergency assistance act 42 u.s.c. 5121 et seq.. c federal share',
3473:'except as otherwise specifically provided by title vi of the robert t. stafford disaster relief and emergency assistance act [42',
3474:'u.s.c. 5195 et seq. ], the federal share of the cost of an activity carried out using funds made available',
3475:'under the program shall not exceed 50 percent. d apportionment for fiscal year 2008, and each fiscal year thereafter, the',
3476:'administrator shall apportion the amounts appropriated to carry out the program among the states as follows: 1 baseline amount—the administrator',
3477:'shall first apportion 0.25 percent of such amounts to each of american samoa, the commonwealth of the northern mariana islands,',
3478:'guam, and the virgin islands and 0.75 percent of such amounts to each of the remaining states. 2 remainder—the administrator',
3479:'shall apportion the remainder of such amounts in the ratio that— a the population of each state; bears to b',
3480:'the population of all states. e consistency in allocation notwithstanding subsection d, in any fiscal year before fiscal year 2013',
3481:'in which the appropriation for grants under this section is equal to or greater than the appropriation for emergency management',
3482:'performance grants in fiscal year 2007, no state shall receive an amount under this section for that fiscal year less',
3483:'than the amount that state received in fiscal year 2007. f [authorization of appropriations] selected statutes 6 u.s.c. § 762',
3484:'§763. transfer of noble training center the noble training center is transferred to the center for domestic preparedness. the center',
3485:'for domestic preparedness shall integrate the noble training center into the program structure of the center for domestic preparedness. §764.',
3486:'national exercise simulation center the president shall establish a national exercise simulation center that— 1 uses a mix of live,',
3487:'virtual, and constructive simulations to— a prepare elected officials, emergency managers, emergency response providers, and emergency support providers at all',
3488:'levels of government to operate cohesively; b provide a learning environment for the homeland security personnel of all federal agencies;',
3489:'c assist in the development of operational procedures and exercises, particularly those based on catastrophic incidents; and d allow incident',
3490:'commanders to exercise decisionmaking in a simulated environment; and 2 uses modeling and simulation for training, exercises, and command and',
3491:'control functions at the operational level. §771. national disaster recovery strategy a in general the administrator, in coordination with the',
3492:'secretary of housing and urban development, the administrator of the environmental protection agency, the secretary of agriculture, the secretary of',
3493:'commerce, the secretary of the treasury, the secretary of transportation, the administrator of the small business administration, the assistant secretary',
3494:'for indian affairs of the department of the interior, and the heads of other appropriate federal agencies, state, local, and',
3495:'tribal government officials including through the national advisory council, and representatives of appropriate nongovernmental organizations shall develop, coordinate, and maintain',
3496:'a national disaster recovery strategy to serve as a guide to recovery efforts after major disasters and emergencies. b contents',
3497:'the national disaster recovery strategy shall— 1 outline the most efficient and costeffective federal programs that will meet the recovery',
3498:'needs of states, local and tribal governments, and individuals and households affected by a major disaster; 2 clearly define the',
3499:'role, programs, authorities, and responsibilities of each federal agency that may be of assistance in providing assistance in the recovery',
3500:'from a major disaster; 3 promote the use of the most appropriate and costeffective building materials based on the hazards',
3501:'present in an area in any area affected by a major disaster, with the goal of encouraging the construction of',
3502:'disasterresistant buildings; and 4 describe in detail the programs that may be offered by the agencies described in paragraph 2,',
3503:'including— a discussing funding issues; b detailing how responsibili selected statutes 6 u.s.c. §§ 763764, 771 ties under the national',
3504:'disaster recovery strategy will be shared; and c addressing other matters concerning the cooperative effort to provide recovery assistance. c',
3505:'report 1 in general—not later than 270 days after october 4, 2006, the administrator shall submit to the appropriate committees',
3506:'of congress a report describing in detail the national disaster recovery strategy and any additional authorities necessary to implement any',
3507:'portion of the national disaster recovery strategy. 2 update—the administrator shall submit to the appropriate committees of congress a report',
3508:'updating the report submitted under paragraph 1— a on the same date that any change is made to the national',
3509:'disaster recovery strategy; and b on a periodic basis after the submission of the report under paragraph 1, but not',
3510:'less than once every 5 years after the date of the submission of the report under paragraph 1. §772. national',
3511:'disaster housing strategy a in general the administrator, in coordination with representatives of the federal agencies, governments, and organizations listed',
3512:'in subsection b2 of this section, the national advisory council, the national council on disability, and other entities at the',
3513:'administrator’s discretion, shall develop, coordinate, and maintain a national disaster housing strategy. b contents the national disaster housing strategy shall—',
3514:'1 outline the most efficient and cost effective federal programs that will best meet the shortterm and long term housing',
3515:'needs of individuals and households affected by a major disaster; 2 clearly define the role, programs, authorities, and responsibilities of',
3516:'each entity in providing housing assistance in the event of a major disaster, including— a the agency; b the department',
3517:'of housing and urban development; c the department of agriculture; d the department of veterans affairs; e the department of',
3518:'health and human services; f the bureau of indian affairs; g any other federal agency that may provide housing assistance',
3519:'in the event of a major disaster; h the american red cross; and i state, local, and tribal governments; 3',
3520:'describe in detail the programs that may be offered by the entities described in paragraph 2, including— a outlining any',
3521:'funding issues; b detailing how responsibilities under the national disaster housing strategy will be shared; and c addressing other matters',
3522:'concerning the cooperative effort to provide housing assistance during a major disaster; 4 consider methods through which selected statutes 6',
3523:'u.s.c. § 772 housing assistance can be provided to individuals and households where employment and other resources for living are',
3524:'available; 5 describe programs directed to meet the needs of special needs and lowincome populations and ensure that a sufficient',
3525:'number of housing units are provided for individuals with disabilities; 6 describe plans for the operation of clusters of housing',
3526:'provided to individuals and households, including access to public services, site management, security, and site density; 7 describe plans for',
3527:'promoting the repair or rehabilitation of existing rental housing, including through lease agreements or other means, in order to improve',
3528:'the provision of housing to individuals and households under section 408 of the robert t. stafford disaster relief and emergency',
3529:'assistance act 42 u.s.c. 5174; and 8 describe any additional authorities necessary to carry out any portion of the strategy.',
3530:'c guidance the administrator should develop and make publicly available guidance on— 1 types of housing assistance available under the',
3531:'robert t. stafford disaster relief and emergency assistance act 42 u.s.c. 5121 et seq. to individuals and households affected by',
3532:'an emergency or major disaster; 2 eligibility for such assistance including, where appropriate, the continuation of such assistance; and 3',
3533:'application procedures for such assistance. d report 1 in general—not later than 270 days after october 4, 2006, the administrator',
3534:'shall submit to the appropriate committees of congress a report describing in detail the national disaster housing strategy, including programs',
3535:'directed to meeting the needs of special needs populations. 2 updated report—the administrator shall submit to the appropriate committees of',
3536:'congress a report updating the report submitted under paragraph 1— a on the same date that any change is made',
3537:'to the national disaster housing strategy; and b on a periodic basis after the submission of the report under paragraph',
3538:'1, but not less than once every 5 years after the date of the submission of the report under paragraph',
3539:'1. §773. individuals with disabilities guidelines [requiring creation of guidelines to accommodate individuals with disabilities within 90 days of october',
3540:'4, 2006 during disaster response and recovery.] §774. reunification a definitions in this section: 1 child locator center—the term “child',
3541:'locator center” means the national emergency child locator center established under subsection b. 2 declared event—the term “declared event” means',
3542:'a major disaster or emergency. 3 displaced adult—the term selected statutes 6 u.s.c. §§ 772774 “displaced adult” means an individual',
3543:'21 years of age or older who is displaced from the habitual residence of that individual as a result of',
3544:'a declared event. 4 displaced child—the term “displaced child” means an individual under 21 years of age who is displaced',
3545:'from the habitual residence of that individual as a result of a declared event. b national emergency child locator center',
3546:'1 in general—not later than 180 days after october 4, 2006, the administrator, in coordination with the attorney general of',
3547:'the united states, shall establish within the national center for missing and exploited children the national emergency child locator center.',
3548:'in establishing the national emergency child locator center, the administrator shall establish procedures to make all relevant information available to',
3549:'the national emergency child locator center in a timely manner to facilitate the expeditious identification and reunification of children with',
3550:'their families. 2 purposes—the purposes of the child locator center are to— a enable individuals to provide to the child',
3551:'locator center the name of and other identifying information about a displaced child or a displaced adult who may have',
3552:'information about the location of a displaced child; b enable individuals to receive information about other sources of information about',
3553:'displaced children and displaced adults; and c assist law enforcement in locating displaced children. 3 responsibilities and duties— the responsibilities',
3554:'and duties of the child locator center are to— a establish a tollfree telephone number to receive reports of displaced',
3555:'children and information about displaced adults that may assist in locating displaced children; b create a website to provide information',
3556:'about displaced children; c deploy its staff to the location of a declared event to gather information about displaced children;',
3557:'d assist in the reunification of displaced children with their families; e provide information to the public about additional resources',
3558:'for disaster assistance; f work in partnership with federal, state, and local law enforcement agencies; g provide technical assistance in',
3559:'locating displaced children; h share information on displaced children and displaced adults with governmental agencies and nongovernmental organizations providing disaster',
3560:'assistance; i use its resources to gather information about displaced children; j refer reports of displaced adults to— i an',
3561:'entity designated by the attorney general to provide technical assistance in locating displaced adults; and ii the national emergency selected',
3562:'statutes 6 u.s.c. §§ 774775 family registry and locator system as defined under section 775a of this title; k enter',
3563:'into cooperative agreements with federal and state agencies and other organizations such as the american red cross as necessary to',
3564:'implement the mission of the child locator center; and l develop an emergency response plan to prepare for the activation',
3565:'of the child locator center. c omitted d [report] §775. national emergency family registry and locator system a definitions in',
3566:'this section— 1 the term “displaced individual” means an individual displaced by an emergency or major disaster; and 2 the',
3567:'term “national emergency family registry and locator system” means the national emergency family registry and locator system established under subsection',
3568:'b. b [establishment] c operation of system the national emergency family registry and locator system shall— 1 allow a displaced',
3569:'adult including medical patients to voluntarily register and allow an adult that is the parent or guardian of a displaced',
3570:'child to register such child, by submitting personal information to be entered into a database such as the name, current',
3571:'location of residence, and any other relevant information that could be used by others seeking to locate that individual; 2',
3572:'ensure that information submitted under paragraph 1 is accessible to those individuals named by a displaced individual and to those',
3573:'law enforcement officials; 3 be accessible through the internet and through a tollfree number, to receive reports of displaced individuals;',
3574:'and 4 include a means of referring displaced children to the national emergency child locator center established under section 774',
3575:'of this title. d [publication of information] e [coordination] f [report] §776. individuals and households pilot program [establishing pilot program',
3576:'through december 31, 2008] §777. public assistance pilot program [establishing pilot program through december 31, 2008] §791. advance contracting a',
3577:'[initial report] b entering into contracts 1 in general—not later than 1 year after october 4, 2006, the administrator shall',
3578:'enter into 1 or more contracts for each type of goods or services identified under subsection a1a, and in accordance',
3579:'with the contracting strategy identified in subsection a1c. any contract for goods or services identified in subsection a1a previously awarded',
3580:'may be maintained in fulfilling this requirement. selected statutes 6 u.s.c. §§ 776777, 791 2 considered factors—before entering into any',
3581:'contract under this subsection, the administrator shall consider section 5150 of title 42. 3 prenegotiated federal contracts for goods and',
3582:'services— the administrator, in coordination with state and local governments and other federal agencies, shall establish a process to ensure',
3583:'that federal prenegotiated contracts for goods and services are coordinated with state and local governments, as appropriate. 4 prenegotiated state',
3584:'and local contracts for goods and services— the administrator shall encourage state and local governments to establish prenegotiated contracts with',
3585:'vendors for goods and services in advance of natural disasters and acts of terrorism or other manmade disasters. c maintenance',
3586:'of contracts after the date described under subsection b, the administrator shall have the responsibility to maintain contracts for appropriate',
3587:'levels of goods and services in accordance with subsection a1c. d report on contracts not using competitive procedures at the',
3588:'end of each fiscal quarter, beginning with the first fiscal quarter occurring at least 90 days after october 4, 2006,',
3589:'the administrator shall submit a report on each disaster assistance contract entered into by the agency by other than competitive',
3590:'procedures to the appropriate committees of congress. §792. limitations on tiering of subcontractors a regulations the secretary shall promulgate regulations',
3591:'applicable to contracts described in subsection c to minimize the excessive use by contractors of subcontractors or tiers of subcontractors',
3592:'to perform the principal work of the contract. b specific requirement at a minimum, the regulations promulgated under subsection a',
3593:'shall preclude a contractor from using subcontracts for more than 65 percent of the cost of the contract or the',
3594:'cost of any individual task or delivery order not including overhead and profit, unless the secretary determines that such requirement',
3595:'is not feasible or practicable. c covered contracts this section applies to any costreimbursement type contract or task or delivery',
3596:'order in an amount greater than the simplified acquisition threshold as defined by section 134 of title 41 entered into',
3597:'by the department to facilitate response to or recovery from a natural disaster or act of terrorism or other manmade',
3598:'disaster. §793. oversight and accountability of federal disaster expenditures a authority of administrator to designate funds for oversight activities the',
3599:'administrator may designate up to 1 percent of the total amount provided to a federal agency for a mission assignment',
3600:'as oversight funds to be used by the recipient agency for performing oversight of activities carried out under the agency',
3601:'reimbursable mission selected statutes 6 u.s.c. §§ 792793 assignment process. such funds shall remain available until expended. b use of',
3602:'funds 1 types of oversight activities— oversight funds may be used for the following types of oversight activities related to',
3603:'agency mission assignments: a monitoring, tracking, and auditing expenditures of funds. b ensuring that sufficient management and internal control mechanisms',
3604:'are available so that agency funds are spent appropriately and in accordance with all applicable laws and regulations. c reviewing',
3605:'selected contracts and other activities. d investigating allegations of fraud involving agency funds. e conducting and participating in fraud prevention',
3606:'activities with other federal, state, and local government personnel and contractors. 2 plans and reports—oversight funds may be used to',
3607:'issue the plans required under subsection e and the reports required under subsection f. c restriction on use of funds',
3608:'oversight funds may not be used to finance existing agency oversight responsibilities related to direct agency appropriations used for disaster',
3609:'response, relief, and recovery activities. d methods of oversight activities 1 in general—oversight activities may be carried out by an',
3610:'agency under this section either directly or by contract. such activities may include evaluations and financial and performance audits. 2',
3611:'coordination of oversight activities— to the extent practicable, evaluations and audits under this section shall be performed by the inspector',
3612:'general of the agency. e development of oversight plans 1 in general—if an agency receives oversight funds for a fiscal',
3613:'year, the head of the agency shall prepare a plan describing the oversight activities for disaster response, relief, and recovery',
3614:'anticipated to be undertaken during the subsequent fiscal year. 2 selection of oversight activities— in preparing the plan, the head',
3615:'of the agency shall select oversight activities based upon a risk assessment of those areas that present the greatest risk',
3616:'of fraud, waste, and abuse. 3 schedule—the plan shall include a schedule for conducting oversight activities, including anticipated dates of',
3617:'completion. f federal disaster assistance accountability reports a federal agency receiving oversight funds under this section shall submit annually to',
3618:'the administrator and the appropriate committees of congress a consolidated report regarding the use of such funds, including information summarizing',
3619:'oversight activities and the results achieved. g definition in this section, the term “oversight funds” means funds referred to in',
3620:'subsection a that are designated for use in performing oversight activities. selected statutes 6 u.s.c. § 793 §794. limitation on',
3621:'length of certain noncompetitive contracts a regulations the secretary shall promulgate regulations applicable to contracts described in subsection c to',
3622:'restrict the contract period of any such contract entered into using procedures other than competitive procedures pursuant to the exception',
3623:'provided in paragraph 2 of section 3304a of title 41 to the minimum contract period necessary— 1 to meet the',
3624:'urgent and compelling requirements of the work to be performed under the contract; and 2 to enter into another contract',
3625:'for the required goods or services through the use of competitive procedures. b specific contract period the regulations promulgated under',
3626:'subsection a shall require the contract period to not to exceed1 150 days, unless the secretary determines that exceptional circumstances',
3627:'apply. c covered contracts this section applies to any contract in an amount greater than the simplified acquisition threshold as',
3628:'defined by section 134 of title 41 entered into by the department to facilitate response to or recovery from a',
3629:'natural disaster, act of terrorism, or other manmade disaster. §795. fraud, waste, and abuse controls a in general the administrator',
3630:'shall ensure that— 1 all programs within the agency administering federal disaster relief assistance develop and maintain proper internal management',
3631:'controls to prevent and detect fraud, waste, and abuse; 2 application databases used by the agency to collect information on',
3632:'eligible recipients must record disbursements; 3 such tracking is designed to highlight and identify ineligible applications; and 4 the databases',
3633:'used to collect information from applications for such assistance must be integrated with disbursements and payment records. b audits and',
3634:'reviews required the administrator shall ensure that any database or similar application processing system for federal disaster relief assistance programs',
3635:'administered by the agency undergoes a review by the inspector general of the agency to determine the existence and implementation',
3636:'of such internal controls required under this section and the amendments made by this section. §796. registry of disaster response',
3637:'contractors a definitions in this section— 1 the term “registry” means the registry created under subsection b; and 2 the',
3638:'terms “small business concern”, “small business concern owned and controlled by socially and economically disadvantaged individuals”, “small business concern owned',
3639:'and controlled by women”, and “small business concern owned and controlled by servicedisabled veterans” have the meanings given selected statutes',
3640:'6 u.s.c. §§ 794796 1. so in original. probably should be “period not to exceed.” those terms under the small',
3641:'business act 15 u.s.c. 631 et seq.. b registry 1 in general—the administrator shall establish and maintain a registry of',
3642:'contractors who are willing to perform debris removal, distribution of supplies, reconstruction, and other disaster or emergency relief activities. 2',
3643:'contents—the registry shall include, for each business concern— a the name of the business concern; b the location of the',
3644:'business concern; c the area served by the business concern; d the type of good or service provided by the',
3645:'business concern; e the bonding level of the business concern; and f whether the business concern is— i a small',
3646:'business concern; ii a small business concern owned and controlled by socially and economically disadvantaged individuals; iii a small business',
3647:'concern owned and controlled by women; or iv a small business concern owned and controlled by service disabled veterans. 3',
3648:'source of information— a submission—information maintained in the registry shall be submitted on a voluntary basis and be kept current',
3649:'by the submitting business concerns. b attestation—each business concern submitting information to the registry shall submit— i an attestation that',
3650:'the information is true; and ii documentation supporting such attestation. c verification—the administrator shall verify that the documentation submitted by',
3651:'each business concern supports the information submitted by that business concern. 4 availability of registry—the registry shall be made generally',
3652:'available on the internet site of the agency. 5 consultation of registry—as part of the acquisition planning for contracting for',
3653:'debris removal, distribution of supplies in a disaster, reconstruction, and other disaster or emergency relief activities, a federal agency shall',
3654:'consult the registry. §797. fraud prevention training program the administrator shall develop and implement a program to provide training on',
3655:'the prevention of waste, fraud, and abuse of federal disaster relief assistance relating to the response to or recovery from',
3656:'natural disasters and acts of terrorism or other manmade disasters and ways to identify such potential waste, fraud, and abuse.',
3657:'§811. authorization of appropriations [establishing appropriations formula] selected statutes 6 u.s.c. §§ 796799, 811 §1102. national domestic preparedness consortium a',
3658:'in general the secretary is authorized to establish, operate, and maintain a national domestic preparedness consortium within the department. b',
3659:'members members of the national domestic preparedness consortium shall consist of— 1 the center for domestic preparedness; 2 the national',
3660:'energetic materials research and testing center, new mexico institute of mining and technology; 3 the national center for biomedical research',
3661:'and training, louisiana state university; 4 the national emergency response and rescue training center, texas a&m university; 5 the national',
3662:'exercise, test, and training center, nevada test site; 6 the transportation technology center, incorporated, in pueblo, colorado; and 7 the',
3663:'national disaster preparedness training center, university of hawaii. c duties the national domestic preparedness consortium shall identify, develop, test, and',
3664:'deliver training to state, local, and tribal emergency response providers, provide onsite and mobile training at the performance and management',
3665:'and planning levels, and facilitate the delivery of training by the training partners of the department. d [authorization of appropriations]',
3666:'e savings provision from the amounts appropriated pursuant to this section, the secretary shall ensure that future amounts provided to',
3667:'each of the following entities are not less than the amounts provided to each such entity for participation in the',
3668:'consortium in fiscal year 2007— 1 the center for domestic preparedness; 2 the national energetic materials research and testing center,',
3669:'new mexico institute of mining and technology; 3 the national center for biomedical research and training, louisiana state university; 4',
3670:'the national emergency response and rescue training center, texas a&m university; and 5 the national exercise, test, and training center,',
3671:'nevada test site. executive order 12148 42 u.s.c. § 5195 note ex. ord. no. 12148. federal emergency management ex. ord.',
3672:'no. 12148, july 20, 1979, 44 f.r. 43239, as amended by ex. ord. no. 12155, sept. 10, 1979, 44 f.r.',
3673:'53071; ex. ord. no. 12156, sept. 10, 1979, 44 f.r. 53073; ex. ord. no. 12381, sept. 8, 1982, 47 f.r.',
3674:'39795; ex. ord. no. 12673, mar. 23, 1989, 54 f.r. 12571; ex. ord. no. 12919, §904a8, june 3, 1994, 59',
3675:'f.r. 29533; ex. ord. no. 13286, §52, feb. 28, 2003, 68 f.r. 10628, provided: by the authority vested in me',
3676:'as president by the constitution and laws of the united states of america, including the federal civil defense act of',
3677:'1950, as amended 50 u.s.c. app. 2251 et seq., the disaster relief act of 1970, as amended 42 u.s.c. chapter',
3678:'58 note, the disaster relief act of 1974 88 stat. 143; 42 u.s.c. 5121 et seq., the earthquake hazards reduction',
3679:'act of 1977 42 u.s.c. 7701 et seq., selected statutes 6 u.s.c. §1102; executive order 12148 section 4 of public',
3680:'law 92–385 86 stat. 556, section 43 of the act of august 10, 1956, as amended 50 u.s.c. app. 2285,',
3681:'the national security act of 1947, as amended [see short title note set out under 50 u.s.c. 401], the defense',
3682:'production act of 1950, as amended 50 u.s.c. app. 2061 et seq., reorganization plan no. 1 of 1958 [set out',
3683:'above], reorganization plan no. 1 of 1973 [set out above], the strategic and critical materials stock piling act, as amended',
3684:'50 u.s.c. 98 et seq., section 202 of the budget and accounting procedures act of 1950 31 u.s.c. 581c [31',
3685:'u.s.c. 1531], and section 301 of title 3 of the united states code, and in order to transfer emergency functions',
3686:'to the department of homeland security, it is hereby ordered as follows: section 1. transfers or reassignments 1–1. transfer or',
3687:'reassignment of existing functions. 1–101. all functions vested in the president that have been delegated or assigned to the defense',
3688:'civil preparedness agency, department of defense, are transferred or reassigned to the secretary of homeland security. 1–102. all functions vested',
3689:'in the president that have been delegated or assigned to the federal disaster assistance administration, department of housing and urban',
3690:'development, are transferred or reassigned to the secretary of homeland security, including any of those functions redelegated or reassigned to',
3691:'the department of commerce with respect to assistance to communities in the development of readiness plans for severe weatherrelated emergencies.',
3692:'1–103. all functions vested in the president that have been delegated or assigned to the federal preparedness agency, general services',
3693:'administration, are transferred or reassigned to the secretary of homeland security. 1–104. all functions vested in the president by the',
3694:'earthquake hazards reduction act of 1977 42 u.s.c. 7701 et seq., including those functions performed by the office of science',
3695:'and technology policy, are delegated, transferred, or reassigned to the secretary of homeland security. 1–2. transfer or reassignment of resources.',
3696:'1–201. the records, property, personnel and positions, and unexpended balances of appropriations, available or to be made available, which relate',
3697:'to the functions transferred, reassigned, or redelegated by this order are hereby transferred to the secretary of homeland security. 1–202.',
3698:'the director of the office of management and budget shall make such determinations, issue such orders, and take all actions',
3699:'necessary or appropriate to effectuate the transfers or reassignments provided by this order, including the transfer of funds, records, property,',
3700:'and personnel. sec. 2. management of emergency planning and assistance 2–1. general. 2–101. the secretary of homeland security shall establish',
3701:'federal policies for, and coordinate, all civil defense and civil emergency planning, management, mitigation, and assistance functions of executive agencies.',
3702:'2–102. the secretary of homeland security shall periodically review and evaluate the civil defense and civil emergency functions of the',
3703:'executive agencies. in order to improve the efficiency and effectiveness of those functions, the secretary of homeland security shall recommend',
3704:'to the president alternative methods of providing federal planning, management, mitigation, and assistance. 2–103. the secretary of homeland security shall',
3705:'be responsible for the coordination of efforts to promote dam safety, for the coordination of natural and nuclear disaster warning',
3706:'systems, and for the coordination of preparedness and planning to reduce the consequences of major terrorist incidents. executive order 12148',
3707:'2–104. the secretary of homeland security shall represent the president in working with state and local governments and private sector',
3708:'to stimulate vigorous participation in civil emergency preparedness, mitigation, response, and recovery programs. 2–105. the secretary of homeland security shall',
3709:'provide an annual report to the president for subsequent transmittal to the congress on the functions of the department of',
3710:'homeland security. the report shall assess the current overall state of effectiveness of federal civil defense and civil emergency functions,',
3711:'organizations, resources, and systems and recommend measures to be taken to improve planning, management, assistance, and relief by all levels',
3712:'of government, the private sector, and volunteer organizations. 2–2. implementation. 2–201. in executing the functions under this order, the secretary',
3713:'of homeland security shall develop policies which provide that all civil defense and civil emergency functions, resources, and systems of',
3714:'executive agencies are: a founded on the use of existing organizations, resources, and systems to the maximum extent practicable; b',
3715:'integrated effectively with organizations, resources, and programs of state and local governments, the private sector and volunteer organizations; and c',
3716:'developed, tested and utilized to prepare for, mitigate, respond to and recover from the effects on the population of all',
3717:'forms of emergencies. 2–202. assignments of civil emergency functions shall, whenever possible, be based on extensions under emergency conditions of',
3718:'the regular missions of the executive agencies. 2–203. for purposes of this order, “civil emergency” means any accidental, natural, mancaused,',
3719:'or wartime emergency or threat thereof, which causes or may cause substantial injury or harm to the population or substantial',
3720:'damage to or loss of property. 2–204. in order that civil defense planning continues to be fully compatible with the',
3721:'nation’s overall strategic policy, and in order to maintain an effective link between strategic nuclear planning and nuclear attack preparedness',
3722:'planning, the development of civil defense policies and programs by the secretary of homeland security shall be subject to oversight',
3723:'by the secretary of defense and the national security council. 2–205. to the extent authorized by law and within available',
3724:'resources, the secretary of defense shall provide the secretary of homeland security with support for civil defense programs in the',
3725:'areas of program development and administration, technical support, research, communications, transportation, intelligence, and emergency operations. 2–206. all executive agencies shall',
3726:'cooperate with and assist the secretary of homeland security in the performance of his functions. 2–3. transition provisions. 2–301. the',
3727:'functions which have been transferred, reassigned, or redelegated by section 1 of this order are recodified and revised as set',
3728:'forth in this order at section 4, and as provided by the amendments made at section 5 to the provisions',
3729:'of other orders. 2–302. notwithstanding the revocations, revisions, codifications, and amendments made by this order, the secretary of homeland security',
3730:'may continue to perform the functions transferred to him by section 1 of this order, except where they may otherwise',
3731:'be inconsistent with the provisions of this order. sec. 3. federal emergency management council [revoked by ex. ord. no. 12919,',
3732:'§904a8, june 3, 1994, 59 f.r. 29533.] sec. 4. delegations 4–1. delegation of functions transferred to the president. executive order',
3733:'12148 4–101. [revoked by ex. ord. no. 12155, sept. 10, 1979, 44 f.r. 53071.] 4–102. the functions vested in the',
3734:'director of the office of defense mobilization by sections 103 and 303 of the national security act of 1947, as',
3735:'amended by sections 8 and 50 of the act of september 3, 1954 public law 779; 68 stat. 1228 and',
3736:'1244 50 u.s.c. 404 and 405, were transferred to the president by section 1a of reorganization plan no. 1 of',
3737:'1958, as amended 50 u.s.c. app. 2271 note [now set out above], and they are hereby delegated to the secretary',
3738:'of homeland security. 4–103. a the functions vested in the federal civil defense administration or its administrator by the federal',
3739:'civil defense act of 1950, as amended 50 u.s.c. app. 2251 et seq., were transferred to the president by reorganization',
3740:'plan no. 1 of 1958, and they are hereby delegated to the secretary of homeland security. b excluded from the',
3741:'delegation in subsection a is the function under section 205a4 of the federal civil defense act of 1950, as amended',
3742:'50 u.s.c. app. 2286a4, relating to the establishment and maintenance of personnel standards on the merit basis that was delegated',
3743:'to the director of the office of personnel management by section 1b of executive order no. 11589, as amended section',
3744:'2–101b of executive order no. 12107 [5 u.s.c. 3376 note]. 4–104. the secretary of homeland security is authorized to redelegate,',
3745:'in accord with the provisions of section 1b of reorganization plan no. 1 of 1958 50 u.s.c. app. 2271 note',
3746:'[now set out above], any of the functions delegated by sections 4–101, 4–102, and 4–103 of this order. 4–105. the',
3747:'functions vested in the administrator of the federal civil defense administration by section 43 of the act of august 10,',
3748:'1956 70a stat. 636 [50 u.s.c. app. 2285], were transferred to the president by reorganization plan no. 1 of 1958,',
3749:'as amended 50 u.s.c. app. 2271 note [now set out above], were subsequently revested in the director of the office',
3750:'of civil and defense mobilization by section 512 of public law 86–500 50 u.s.c. app. 2285 [the office was changed',
3751:'to office of emergency planning by public law 87–296 75 stat. 630 and then to the office of emergency preparedness',
3752:'by section 402 of public law 90–608 82 stat. 1194], were again transferred to the president by section 1 of',
3753:'reorganization plan no. 1 of 1973 50 u.s.c. app. 2271 note [now set out above], and they are hereby delegated',
3754:'to the secretary of homeland security. 4–106. the functions vested in the director of the office of emergency preparedness by',
3755:'section 16 of the act of september 23, 1950, as amended 20 u.s.c. 646, and by section 7 of the',
3756:'act of september 30, 1950, as amended 20 u.s.c. 241–1, were transferred to the president by section 1 of reorganization',
3757:'plan no. 1 of 1973 50 u.s.c. app. 2271 note [now set out above], and they are hereby delegated to',
3758:'the secretary of homeland security. 4–107. that function vested in the director of the office of emergency preparedness by section',
3759:'762a of the higher education act of 1965, as added by section 161a of the education amendments of 1972, and',
3760:'as further amended 20 u.s.c. 1132d–1a, to the extent transferred to the president by reorganization plan no. 1 of 1973',
3761:'50 u.s.c. app. 2271 note [now set out above], is hereby delegated to the secretary of homeland security. 4–2. delegation',
3762:'of functions vested in the president. 4–201. the functions vested in the president by the disaster relief act of 1970,',
3763:'as amended 42 u.s.c. chapter 58 note, are hereby delegated to the secretary of homeland security. 4–202. the functions related',
3764:'to grants for damages resulting from hurricane and tropical storm agnes vested in executive order 12148 the president by section',
3765:'4 of public law 92–335 86 stat. 556 are hereby delegated to the secretary of homeland security. section [sic] 4–203.',
3766:'the functions vested in the president by the robert t. stafford disaster relief and emergency assistance act, as amended 42',
3767:'u.s.c. 5121 et seq., except those functions vested in the president by section 401 relating to the declaration of major',
3768:'disasters and emergencies [42 u.s.c. 5170], section 501 relating to the declaration of emergencies [42 u.s.c. 5191], section 405 relating',
3769:'to the repair, reconstruction, restoration, or replacement of federal facilities [42 u.s.c. 5171], and section 412 relating to food coupons',
3770:'[benefits] and distribution [42 u.s.c. 5179], are hereby delegated to the secretary of homeland security. 4–204. the functions vested in',
3771:'the president by the earthquake hazards reduction act of 1977, as amended 42 u.s.c. 7701 et seq. are delegated to',
3772:'the secretary of homeland security. 4–205. effective july 30, 1979, the functions vested in the president by section 4h of',
3773:'the commodity credit corporation charter act, as amended 15 u.s.c. 714bh, are hereby delegated to the secretary of homeland security.',
3774:'4–206. effective july 30, 1979, the functions vested in the president by section 204f of the federal property and administrative',
3775:'services act of 1949, as amended 40 u.s.c. 485f [now 40 u.s.c. 574d], are hereby delegated to the secretary of',
3776:'homeland security. 4–207. the functions vested in the president by section 502 of the federal civil defense act of 1950,',
3777:'as amended 50 u.s.c. app. 2302, are delegated to the secretary of homeland security. sec. 5. other executive orders [5–1.',
3778:'revocations.] [5–2. amendments.] sec. 6. this order is effective july 15, 1979. executive order 12148 additional fema authorities name/title location',
3779:'acts defense production act of 1950 50 app. u.s.c. § 2061 et seq. earthquake hazards reduction act of 1977 42',
3780:'u.s.c. § 7701 et seq. fire prevention and control act of 1974 15 u.s.c. § 2201 et seq. ; 42',
3781:'u.s.c. § 290a mckinneyvento homeless assistance act title iii 42 u.s.c. § 11331 et seq. national capital region mutual aid',
3782:'42 u.s.c. § 5196 note national dam safety program act 33 u.s.c. § 467 et seq. national emergencies act 50',
3783:'u.s.c. § 1601 et seq. national flood insurance act of 1968 42 u.s.c. § 4001 et seq. national security act',
3784:'of 1947 50 u.s.c. §§ 404405 section 109 of public law 96295 june 30, 1980 n/a warning, alert, and response',
3785:'network act 47 u.s.c. § 1201 et seq. specific statutes comprehensive emergency response plans 42 u.s.c. § 11003 destruction of',
3786:'existing stockpile of lethal chemical agents and munitions 50 u.s.c. § 1521 emergency response to natural disasters 33 u.s.c. §',
3787:'701n planning and training grants, monitoring, and review 49 u.s.c. § 5116 response authorities [cercla] 42 u.s.c. § 9604 training',
3788:'curriculum for the public sector 49 u.s.c. § 5115 war powers of president 47 u.s.c. § 606 executive orders e.o.',
3789:'11514, protection and enhancement of environmental quality 42 u.s.c. § 4321 note e.o. 11795, delegation of presidential functions 42 u.s.c.',
3790:'§ 5121 note e.o. 11988, floodplain management 42 u.s.c. § 4321 note e.o. 11990, protection of wetlands 42 u.s.c. §',
3791:'4321 note e.o. 12127, transfer of functions to federal emergency management agency 15 u.s.c. § 2201 note e.o. 12148, federal',
3792:'emergency management 42 u.s.c. § 5195 note executive orders continued e.o. 12472, assignment of national security and emergency preparedness telecommunications',
3793:'functions 42 u.s.c. § 5195 note e.o. 12656, assignment of emergency preparedness responsibilities 42 u.s.c. § 5195 note e.o. 12657,',
3794:'department of homeland security assistance in emergency preparedness planning at commercial nuclear power plants 42 u.s.c. § 5195 note e.o.',
3795:'12673, delegation of disaster relief and emergency assistance functions 42 u.s.c. § 5195 note e.o. 12699, seismic safety of federal',
3796:'and federally assisted or regulated new building construction. 42 u.s.c. § 7704 note e.o. 12941, seismic safety of existing federally',
3797:'owned or leased buildings 42 u.s.c. § 7705b note e.o. 13010, critical infrastructure protection 42 u.s.c. § 5195 note e.o.',
3798:'13151, global disaster information network 42 u.s.c. § 5195 note e.o. 13161, establishment of the presidential medal of valor for',
3799:'public safety officers 15 u.s.c. § 2214 note e.o. 13347, individuals with disabilities in emergency preparedness 6 u.s.c. § 314',
3800:'note e.o. 13407, public alert and warning system 42 u.s.c. § 5195 note reorganization plan no. 1 of 1958 42',
3801:'u.s.c. § 5195 note reorganization plan no. 1 of 1973 42 u.s.c. § 5195 note reorganization plan no. 3 of',
3802:'1978 15 u.s.c. § 2201 note the office of chief counsel maintains this booklet. please submit any comments or inquiries',
3803:'about this publication to femaocc@fema.dhs.gov.',