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42 U.S.C. § 5196 — Detailed functions of administration

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42 U.S.C. § 5196 — Detailed functions of administration

Page 6458 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5196 Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the National Infrastructure Simulation and Analysis Center of the Department of Energy, includ- ing the functions of the Secretary of Energy relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 121(g)(4), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. PART A—POWERS AND DUTIES § 5196. Detailed functions of administration (a) In general In order to carry out the policy described in section 5195 of this title, the Administrator shall have the authorities provided in this section. (b) Federal emergency response plans and pro- grams The Administrator may prepare Federal re- sponse plans and programs for the emergency preparedness of the United States and sponsor and direct such plans and programs. To prepare such plans and programs and coordinate such plans and programs with State efforts, the Ad- ministrator may request such reports on State plans and operations for emergency prepared- ness as may be necessary to keep the President, Congress, and the States advised of the status of emergency preparedness in the United States. (c) Delegation of emergency preparedness re- sponsibilities With the approval of the President, the Ad- ministrator may delegate to other departments and agencies of the Federal Government appro- priate emergency preparedness responsibilities and review and coordinate the emergency pre- paredness activities of the departments and agencie

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Page 6458 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5196 Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the National Infrastructure Simulation and Analysis Center of the Department of Energy, includ- ing the functions of the Secretary of Energy relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 121(g)(4), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. PART A—POWERS AND DUTIES § 5196. Detailed functions of administration (a) In general In order to carry out the policy described in section 5195 of this title, the Administrator shall have the authorities provided in this section. (b) Federal emergency response plans and pro- grams The Administrator may prepare Federal re- sponse plans and programs for the emergency preparedness of the United States and sponsor and direct such plans and programs. To prepare such plans and programs and coordinate such plans and programs with State efforts, the Ad- ministrator may request such reports on State plans and operations for emergency prepared- ness as may be necessary to keep the President, Congress, and the States advised of the status of emergency preparedness in the United States. (c) Delegation of emergency preparedness re- sponsibilities With the approval of the President, the Ad- ministrator may delegate to other departments and agencies of the Federal Government appro- priate emergency preparedness responsibilities and review and coordinate the emergency pre- paredness activities of the departments and agencies with each other and with the activities of the States and neighboring countries. (d) Communications and warnings The Administrator may make appropriate pro- vision for necessary emergency preparedness communications and for dissemination of warn- ings to the civilian population of a hazard. (e) Emergency preparedness measures The Administrator may study and develop emergency preparedness measures designed to afford adequate protection of life and property, including— (1) research and studies as to the best meth- ods of treating the effects of hazards; (2) developing shelter designs and materials for protective covering or construction; (3) developing equipment or facilities and ef- fecting the standardization thereof to meet emergency preparedness requirements; and (4) plans that take into account the needs of individuals with pets and service animals prior to, during, and following a major disaster or emergency. (f) Training programs (1) The Administrator may— (A) conduct or arrange, by contract or other- wise, for training programs for the instruction of emergency preparedness officials and other persons in the organization, operation, and techniques of emergency preparedness; (B) conduct or operate schools or including the payment of travel expenses, in accordance with subchapter I of chapter 57 of title 5 and the Standardized Government Travel Regula- tions, and per diem allowances, in lieu of sub- sistence for trainees in attendance or the fur- nishing of subsistence and quarters for train- ees and instructors on terms prescribed by the Administrator; and (C) provide instructors and training aids as necessary. (2) The terms prescribed by the Administrator for the payment of travel expenses and per diem allowances authorized by this subsection shall include a provision that such payment shall not exceed one-half of the total cost of such ex- penses. (3) The Administrator may lease real property required for the purpose of carrying out this subsection, but may not acquire fee title to property unless specifically authorized by law. (g) Public dissemination of emergency prepared- ness information The Administrator may publicly disseminate appropriate emergency preparedness informa- tion by all appropriate means. (h) Emergency preparedness compacts (1) The Administrator shall establish a pro- gram supporting the development of emergency preparedness compacts for acts of terrorism, dis- asters, and emergencies throughout the Nation, by— (A) identifying and cataloging existing emergency preparedness compacts for acts of terrorism, disasters, and emergencies at the State and local levels of government; (B) disseminating to State and local govern- ments examples of best practices in the devel- opment of emergency preparedness compacts and models of existing emergency prepared- ness compacts, including agreements involv- ing interstate jurisdictions; and (C) completing an inventory of Federal re- sponse capabilities for acts of terrorism, disas- ters, and emergencies, making such inventory available to appropriate Federal, State, and local government officials, and ensuring that such inventory is as current and accurate as practicable. (2) The Administrator may— (A) assist and encourage the States to nego- tiate and enter into interstate emergency pre- paredness compacts; (B) review the terms and conditions of such proposed compacts in order to assist, to the extent feasible, in obtaining uniformity be- tween such compacts and consistency with Federal emergency response plans and pro- grams; (C) assist and coordinate the activities under such compacts; and (D) aid and assist in encouraging reciprocal emergency preparedness legislation by the States which will permit the furnishing of mu- tual aid for emergency preparedness purposes in the event of a hazard which cannot be ade- Page 6459 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5196 1 See References in Text note below. quately met or controlled by a State or polit- ical subdivision thereof threatened with or ex- periencing a hazard. (3) A copy of each interstate emergency pre- paredness compact shall be transmitted prompt- ly to the Senate and the House of Representa- tives. The consent of Congress is deemed to be granted to each such compact upon the expira- tion of the 60-day period beginning on the date on which the compact is transmitted to Con- gress. (4) Nothing in this subsection shall be con- strued as preventing Congress from dis- approving, or withdrawing at any time its con- sent to, any interstate emergency preparedness compact. (i) Materials and facilities (1) The Administrator may procure by con- demnation or otherwise, construct, lease, trans- port, store, maintain, renovate or distribute ma- terials and facilities for emergency prepared- ness, with the right to take immediate posses- sion thereof. (2) Facilities acquired by purchase, donation, or other means of transfer may be occupied, used, and improved for the purposes of this sub- chapter before the approval of title by the At- torney General as required by sections 3111 and 3112 of title 40. (3) The Administrator may lease real property required for the purpose of carrying out the pro- visions of this subsection, but shall not acquire fee title to property unless specifically author- ized by law. (4) The Administrator may procure and main- tain under this subsection radiological, chem- ical, bacteriological, and biological agent moni- toring and decontamination devices and dis- tribute such devices by loan or grant to the States for emergency preparedness purposes, under such terms and conditions as the Adminis- trator shall prescribe. (j) Financial contributions (1) The Administrator may make financial contributions, on the basis of programs or projects approved by the Administrator, to the States for emergency preparedness purposes, in- cluding the procurement, construction, leasing, or renovating of materials and facilities. Such contributions shall be made on such terms or conditions as the Administrator shall prescribe, including the method of purchase, the quantity, quality, or specifications of the materials or fa- cilities, and such other factors or care or treat- ment to assure the uniformity, availability, and good condition of such materials or facilities. (2) The Administrator may make financial contributions, on the basis of programs or projects approved by the Administrator, to the States and local authorities for animal emer- gency preparedness purposes, including the pro- curement, construction, leasing, or renovating of emergency shelter facilities and materials that will accommodate people with pets and service animals. (3) No contribution may be made under this subsection for the procurement of land or for the purchase of personal equipment for State or local emergency preparedness workers. (4) The amounts authorized to be contributed by the Administrator to each State for organiza- tional equipment shall be equally matched by such State from any source it determines is con- sistent with its laws. (5) Financial contributions to the States for shelters and other protective facilities shall be determined by taking the amount of funds ap- propriated or available to the Administrator for such facilities in each fiscal year and appor- tioning such funds among the States in the ratio which the urban population of the critical tar- get areas (as determined by the Administrator) in each State, at the time of the determination, bears to the total urban population of the crit- ical target areas of all of the States. (6) The amounts authorized to be contributed by the Administrator to each State for such shelters and protective facilities shall be equal- ly matched by such State from any source it de- termines is consistent with its laws and, if not matched within a reasonable time, the Adminis- trator may reallocate such amounts to other States under the formula described in paragraph (4).1 The value of any land contributed by any State or political subdivision thereof shall be excluded from the computation of the State share under this subsection. (7) The amounts paid to any State under this subsection shall be expended solely in carrying out the purposes set forth herein and in accord- ance with State emergency preparedness pro- grams or projects approved by the Adminis- trator. The Administrator shall make no con- tribution toward the cost of any program or project for the procurement, construction, or leasing of any facility which (A) is intended for use, in whole or in part, for any purpose other than emergency preparedness, and (B) is of such kind that upon completion it will, in the judg- ment of the Administrator, be capable of pro- ducing sufficient revenue to provide reasonable assurance of the retirement or repayment of such cost; except that (subject to the preceding provisions of this subsection) the Administrator may make a contribution to any State toward that portion of the cost of the construction, re- construction, or enlargement of any facility which the Administrator determines to be di- rectly attributable to the incorporation in such facility of any feature of construction or design not necessary for the principal intended purpose thereof but which is, in the judgment of the Ad- ministrator necessary for the use of such facil- ity for emergency preparedness purposes. (8) The Administrator shall submit to Con- gress a report, at least annually, regarding all contributions made pursuant to this subsection. (9) All laborers and mechanics employed by contractors or subcontractors in the perform- ance of construction work financed with the as- sistance of any contribution of Federal funds made by the Administrator under this sub- section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40, and every such em- ployee shall receive compensation at a rate not Page 6460 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5196 less than one and 1⁄2 times the basic rate of pay of the employee for all hours worked in any workweek in excess of eight hours in any work- day or 40 hours in the workweek, as the case may be. The Administrator shall make no con- tribution of Federal funds without first obtain- ing adequate assurance that these labor stand- ards will be maintained upon the construction work. The Secretary of Labor shall have, with respect to the labor standards specified in this subsection, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title 40. (k) Sale or disposal of certain materials and fa- cilities The Administrator may arrange for the sale or disposal of materials and facilities found by the Administrator to be unnecessary or unsuitable for emergency preparedness purposes in the same manner as provided for excess property under chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41. Any funds received as proceeds from the sale or other dis- position of such materials and facilities shall be deposited into the Treasury as miscellaneous re- ceipts. (Pub. L. 93–288, title VI, § 611, as added Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(3), Oct. 5, 1994, 108 Stat. 3102; amended Pub. L. 104–66, title II, § 2071, Dec. 21, 1995, 109 Stat. 729; Pub. L. 108–458, title VII, § 7406, Dec. 17, 2004, 118 Stat. 3851; Pub. L. 109–308, § 3, Oct. 6, 2006, 120 Stat. 1725; Pub. L. 111–351, § 3(c)(2), Jan. 4, 2011, 124 Stat. 3864.) Editorial Notes REFERENCES IN TEXT Paragraph (4), referred to in subsec. (j)(6), was redes- ignated paragraph (5) by Pub. L. 109–308, § 3(2), Oct. 6, 2006, 120 Stat. 1725. Reorganization Plan Numbered 14 of 1950, referred to in subsec. (j)(9), is Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, which is set out in the Appendix to Title 5, Government Organization and Employees. CODIFICATION In subsec. (i)(2), ‘‘sections 3111 and 3112 of title 40’’ substituted for ‘‘section 355 of the Revised Statutes (40 U.S.C. 255)’’ and, in subsec. (j)(9), ‘‘sections 3141–3144, 3146, and 3147 of title 40’’ substituted for ‘‘the Act of March 3, 1931 (commonly known as the Davis-Bacon Act (40 U.S.C. 276a–276a–5))’’ and ‘‘section 3145 of title 40’’ substituted for ‘‘section 2 of the Act of June 13, 1934 (40 U.S.C. 276(c))’’, meaning 276c, on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. In subsec. (k), ‘‘chapters 1 to 11 of title 40 and divi- sion C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ substituted for ‘‘the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act en- acted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 2281 of the former Appendix to Title 50, War and National Defense, prior to repeal by Pub. L. 103–337, § 3412(a). AMENDMENTS 2011—Pub. L. 111–351 substituted ‘‘Administrator’’ for ‘‘Director’’ wherever appearing. 2006—Subsec. (e)(4). Pub. L. 109–308, § 3(1), added par. (4). Subsec. (j)(2) to (9). Pub. L. 109–308, § 3(2), added par. (2) and redesignated former pars. (2) to (8) as (3) to (9), respectively. 2004—Subsec. (h). Pub. L. 108–458 substituted ‘‘Emer- gency preparedness compacts’’ for ‘‘Interstate emer- gency preparedness compacts’’ in subsec. heading, added par. (1), redesignated former pars. (1) to (3) as (2) to (4), respectively, and realigned margins of par. (2), as redesignated. 1995—Subsec. (i)(3) to (5). Pub. L. 104–66 redesignated pars. (4) and (5) as (3) and (4), respectively, and struck out former par. (3) which read as follows: ‘‘The Director shall submit to Congress a report, at least quarterly, describing all property acquisitions made pursuant to this subsection.’’ Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. PLANNING FOR ANIMAL WELLNESS Pub. L. 117–212, Oct. 17, 2022, 136 Stat. 2249, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Planning for Animal Wellness Act’ or the ‘PAW Act’. ‘‘SEC. 2. WORKING GROUP GUIDELINES. ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the Federal Emergency Management Agency. ‘‘(2) WORKING GROUP.—The term ‘working group’ means the advisory working group established under subsection (b). ‘‘(b) WORKING GROUP.—Not later than 180 days after the date of enactment of this Act [Oct. 17, 2022], the Ad- ministrator shall establish an advisory working group. ‘‘(c) MEMBERSHIP.—The working group shall consist of— ‘‘(1) not less than 2 representatives of State govern- ments with experience in animal emergency manage- ment; ‘‘(2) not less than 2 representatives of local govern- ments with experience in animal emergency manage- ment; ‘‘(3) not less than 2 representatives from academia; ‘‘(4) not less than 2 veterinary experts; ‘‘(5) not less than 2 representatives from nonprofit organizations working to address the needs of house- holds [sic] pets and service animals in emergencies or disasters; ‘‘(6) representatives from the Federal Animal Emer- gency Management Working Group; and Page 6461 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5196 ‘‘(7) any other members determined necessary by the Administrator. ‘‘(d) DUTIES.—The working group shall— ‘‘(1) encourage and foster collaborative efforts among individuals and entities working to address the needs of household pets, service and assistance animals, and captive animals, as appropriate, in emergency and disaster preparedness, response, and recovery; and ‘‘(2) review best practices and Federal guidance, as of the date of enactment of this Act, on congregate and noncongregate sheltering and evacuation plan- ning relating to the needs of household pets, service and assistance animals, and captive animals, as ap- propriate, in emergency and disaster preparedness, response, and recovery. ‘‘(e) NO COMPENSATION.—The members of the working group shall serve on the working group on a voluntary basis. ‘‘(f) GUIDANCE DETERMINATION.—Not later than 1 year after the date of enactment of this Act, the working group shall determine whether the best practices and Federal guidance described in subsection (d)(2) are suf- ficient. ‘‘(g) NEW GUIDANCE.—Not later than 540 days after the date of enactment of this Act, if the Administrator, in consultation with the working group, determines that the best practices and Federal guidance described in subsection (d)(2) are insufficient, the Administrator, in consultation with the working group, shall publish up- dated Federal guidance. ‘‘(h) SUNSET.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), the working group shall terminate on the date that is 4 years after the date of enactment of this Act. ‘‘(2) EXTENSION.—The Administrator may extend the date described in paragraph (1) if the Adminis- trator determines an extension is appropriate.’’ NATIONAL CAPITAL REGION MUTUAL AID Pub. L. 108–458, title VII, § 7302, Dec. 17, 2004, 118 Stat. 3840, as amended by Pub. L. 110–250, § 1, June 26, 2008, 122 Stat. 2318, provided that: ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) AUTHORIZED REPRESENTATIVE OF THE FEDERAL GOVERNMENT.—The term ‘authorized representative of the Federal Government’ means any individual or in- dividuals designated by the President with respect to the executive branch, the Chief Justice with respect to the Federal judiciary, or the President of the Sen- ate and Speaker of the House of Representatives with respect to Congress, or their designees, to request as- sistance under a mutual aid agreement for an emer- gency or public service event. ‘‘(2) CHIEF OPERATING OFFICER.—The term ‘chief op- erating officer’ means the official designated by law to declare an emergency in and for the locality of that chief operating officer. ‘‘(3) EMERGENCY.—The term ‘emergency’ means a major disaster or emergency declared by the Presi- dent, or a state of emergency declared by the mayor of the District of Columbia, the Governor of the State of Maryland or the Commonwealth of Virginia, or the declaration of a local emergency by the chief oper- ating officer of a locality, or their designees, that triggers mutual aid under the terms of a mutual aid agreement. ‘‘(4) EMPLOYEE.—The term ‘employee’ means the employees of the party who are committed in a mu- tual aid agreement to prepare for or who respond to an emergency or public service event. ‘‘(5) LOCALITY.—The term ‘locality’ means a county, city, town, or other governmental agency, govern- mental authority, or governmental institution with the power to sue or be sued in its own name, within the National Capital Region. ‘‘(6) MUTUAL AID AGREEMENT.—The term ‘mutual aid agreement’ means an agreement, authorized under subsection (b), for the provision of police, fire, rescue and other public safety and health or medical serv- ices to any party to the agreement during a public service event, an emergency, or pre-planned training event. ‘‘(7) NATIONAL CAPITAL REGION OR REGION.—The term ‘National Capital Region’ or ‘Region’ means the area defined under section 2674(f)(2) of title 10, United States Code, and those counties with a border abut- ting that area and any municipalities therein. ‘‘(8) PARTY.—The term ‘party’ means the State of Maryland, the Commonwealth of Virginia, the Dis- trict of Columbia, and any of the localities duly exe- cuting a Mutual Aid Agreement under this section. ‘‘(9) PUBLIC SERVICE EVENT.—The term ‘public serv- ice event’— ‘‘(A) means any undeclared emergency, incident or situation in preparation for or response to which the mayor of the District of Columbia, an author- ized representative of the Federal Government, the Governor of the State of Maryland, the Governor of the Commonwealth of Virginia, or the chief oper- ating officer of a locality in the National Capital Region, or their designees, requests or provides as- sistance under a Mutual Aid Agreement within the National Capital Region; and ‘‘(B) includes Presidential inaugurations, public gatherings, demonstrations and protests, and law enforcement, fire, rescue, emergency health and medical services, transportation, communications, public works and engineering, mass care, and other support that require human resources, equipment, facilities or services supplemental to or greater than the requesting jurisdiction can provide. ‘‘(10) STATE.—The term ‘State’ means the State of Maryland, the Commonwealth of Virginia, and the District of Columbia. ‘‘(11) TRAINING.—The term ‘training’ means emer- gency and public service event-related exercises, test- ing, or other activities using equipment and per- sonnel to simulate performance of any aspect of the giving or receiving of aid by National Capital Region jurisdictions during emergencies or public service events, such actions occurring outside actual emer- gency or public service event periods. ‘‘(b) MUTUAL AID AUTHORIZED.— ‘‘(1) IN GENERAL.—The mayor of the District of Co- lumbia, any authorized representative of the Federal Government, the Governor of the State of Maryland, the Governor of the Commonwealth of Virginia, or the chief operating officer of a locality, or their des- ignees, acting within his or her jurisdictional pur- view, may, in accordance with State law, enter into, request or provide assistance under mutual aid agree- ments with localities for— ‘‘(A) law enforcement, fire, rescue, emergency health and medical services, transportation, com- munications, public works and engineering, mass care, and resource support in an emergency or pub- lic service event; ‘‘(B) preparing for, mitigating, managing, re- sponding to or recovering from any emergency or public service event; and ‘‘(C) training for any of the activities described under subparagraphs (A) and (B). ‘‘(2) FACILITATING LOCALITIES.—The State of Mary- land and the Commonwealth of Virginia are encour- aged to facilitate the ability of localities to enter into interstate mutual aid agreements in the Na- tional Capital Region under this section. ‘‘(3) APPLICATION AND EFFECT.—This section— ‘‘(A) does not apply to law enforcement security operations at special events of national significance under section 3056(e) of title 18, United States Code, or other law enforcement functions of the United States Secret Service; ‘‘(B) does not diminish any authorities, express or implied, of Federal agencies to enter into mutual aid agreements in furtherance of their Federal mis- sions; and ‘‘(C) does not— ‘‘(i) preclude any party from entering into sup- plementary Mutual Aid Agreements with fewer than all the parties, or with another party; or Page 6462 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5196a ‘‘(ii) affect any other agreement in effect before the date of enactment of this Act [Dec. 17, 2004] among the States and localities, including the Emergency Management Assistance Compact. ‘‘(4) RIGHTS DESCRIBED.—Other than as described in this section, the rights and responsibilities of the parties to a mutual aid agreement entered into under this section shall be as described in the mutual aid agreement. ‘‘(c) DISTRICT OF COLUMBIA.— ‘‘(1) IN GENERAL.—The District of Columbia may purchase liability and indemnification insurance or become self insured against claims arising under a mutual aid agreement authorized under this section. ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary to carry out paragraph (1). ‘‘(d) LIABILITY AND ACTIONS AT LAW.— ‘‘(1) IN GENERAL.—Any responding party or its offi- cers, employees, or agents rendering aid or failing to render aid to the District of Columbia, the Federal Government, the State of Maryland, the Common- wealth of Virginia, or a locality, under a mutual aid agreement authorized under this section, and any party or its officers, employees, or agents engaged in training activities with another party under such a mutual aid agreement, shall be liable on account of any act or omission of its officers, employees, or agents while so engaged or on account of the mainte- nance or use of any related equipment, facilities, or supplies, but only to the extent permitted under the laws and procedures of the State of the party ren- dering aid. ‘‘(2) ACTIONS.—Any action brought against a party or its officers, employees, or agents on account of an act or omission in the rendering of aid to the District of Columbia, the Federal Government, the State of Maryland, the Commonwealth of Virginia, or a local- ity, or failure to render such aid or on account of the maintenance or use of any related equipment, facili- ties, or supplies may be brought only under the laws and procedures of the State of the party rendering aid and only in the Federal or State courts located there- in. Actions against the United States under this sec- tion may be brought only in Federal courts. ‘‘(3) IMMUNITIES.—This section shall not abrogate any other immunities from liability that any party has under any other Federal or State law. ‘‘(e) WORKERS COMPENSATION.— ‘‘(1) COMPENSATION.—Each party shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that party and representatives of deceased members of such forces if such members sustain injuries or are killed while rendering aid to the District of Colum- bia, the Federal Government, the State of Maryland, the Commonwealth of Virginia, or a locality, under a mutual aid agreement, or engaged in training activi- ties under a mutual aid agreement, in the same man- ner and on the same terms as if the injury or death were sustained within their own jurisdiction. ‘‘(2) OTHER STATE LAW.—No party shall be liable under the law of any State other than its own for pro- viding for the payment of compensation and death benefits to injured members of the emergency forces of that party and representatives of deceased mem- bers of such forces if such members sustain injuries or are killed while rendering aid to the District of Co- lumbia, the Federal Government, the State of Mary- land, the Commonwealth of Virginia, or a locality, under a mutual aid agreement or engaged in training activities under a mutual aid agreement. ‘‘(f) LICENSES AND PERMITS.—If any person holds a li- cense, certificate, or other permit issued by any re- sponding party evidencing the meeting of qualifica- tions for professional, mechanical, or other skills and assistance is requested by a receiving jurisdiction, such person will be deemed licensed, certified, or permitted by the receiving jurisdiction to render aid involving such skill to meet a public service event, emergency or training for any such events.’’ PILOT PROGRAM TO STUDY DESIGN AND CONSTRUCTION OF BUILDINGS TO MINIMIZE EFFECTS OF NUCLEAR EX- PLOSIONS Pub. L. 96–342, title VII, § 704, Sept. 8, 1980, 94 Stat. 1090, required the Director of the Federal Emergency Management Agency to establish a pilot program of de- signing and constructing buildings able to withstand nuclear explosions and to submit a report to Congress on the establishment of the pilot program no later than Apr. 1, 1981. § 5196a. Mutual aid pacts between States and neighboring countries The Administrator shall give all practicable assistance to States in arranging, through the Department of State, mutual emergency pre- paredness aid between the States and neigh- boring countries. (Pub. L. 93–288, title VI, § 612, as added Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(3), Oct. 5, 1994, 108 Stat. 3105; amended Pub. L. 111–351, § 3(c)(2), Jan. 4, 2011, 124 Stat. 3864.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 2283 of the former Appendix to Title 50, War and National Defense, prior to repeal by Pub. L. 103–337, § 3412(a). AMENDMENTS 2011—Pub. L. 111–351 substituted ‘‘Administrator’’ for ‘‘Director’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 5196b. Contributions for personnel and admin- istrative expenses (a) General authority To further assist in carrying out the purposes of this subchapter, the Administrator may make financial contributions to the States (including interstate emergency preparedness authorities established pursuant to section 5196(h) of this title) for necessary and essential State and local emergency preparedness personnel and adminis- trative expenses, on the basis of approved plans (which shall be consistent with the Federal emergency response plans for emergency pre- paredness) for the emergency preparedness of

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5196 — Declaration of policy

The purpose of this subchapter is to provide a system of emergency preparedness for the protection of life and property in the United States from hazards and to vest responsibility for emergency preparedness jointly in the Federal Government and the States and their political subdivisions. The Congress recognizes that the organizational structure established jointly by the Federal Government and the States and their political subdivisions for emergency preparedness purposes can be effectively utilized to provide relief and assistance to people in areas of the United States struck by a hazard. The Federal Government shall provide necessary direction, coordination, and guidance, and shall provide necessary assistance, as authorized in this subchapter so that a comprehensive emergency preparedness system exists for all hazards.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5196

Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.