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6 U.S.C. § 321a — Evacuation plans and exercises

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

6 U.S.C. § 321a — Evacuation plans and exercises

Page 170 TITLE 6—DOMESTIC SECURITY § 321 ‘‘(c) Subsection (a) shall apply during the incident pe- riod of the emergency declared by the President on March 13, 2020, pursuant to section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act [Pub. L. 93–288] (42 U.S.C. 5121(b) [5191(b)]), and to any subsequent major declaration under section 401 of such Act [42 U.S.C. 5170] that supersedes such emer- gency declaration.’’ § 321. The National Infrastructure Simulation and Analysis Center (a) Definition In this section, the term ‘‘National Infrastruc- ture Simulation and Analysis Center’’ means the National Infrastructure Simulation and Analysis Center established under section 5195c(d) of title 42. (b) Authority (1) In general There is in the Department the National In- frastructure Simulation and Analysis Center which shall serve as a source of national ex- pertise to address critical infrastructure pro- tection and continuity through support for ac- tivities related to— (A) counterterrorism, threat assessment, and risk mitigation; and (B) a natural disaster, act of terrorism, or other man-made disaster. (2) Infrastructure modeling (A) Particular support The support provided under paragraph (1) shall include modeling, simulation, and analysis of the systems and assets com- prising critical infrastructure, in order to enhance preparedness, protection, response, recovery, and mitigation activities. (B) Relationship with other agencies Each Federal agency and department with critical infrastructure responsibilities under Homeland Security Presidential Directive 7, or any successor to such directive, shall es- tablish a formal relationship, including an agreement regarding information sharing, between the elements of s

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Stable record: federal_law:legal_authorities:usc2024-7f331f80d3e02173d7085fcd
Source file: Laws/federal/codes/united-states-code-2024/title-6/section-321a-evacuation-plans-and-exercises--6166a9da2a.md
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Source location: USCODE-2024-title6-chap1-subchapV-sec321a.pdf

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Page 170 TITLE 6—DOMESTIC SECURITY § 321 ‘‘(c) Subsection (a) shall apply during the incident pe- riod of the emergency declared by the President on March 13, 2020, pursuant to section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act [Pub. L. 93–288] (42 U.S.C. 5121(b) [5191(b)]), and to any subsequent major declaration under section 401 of such Act [42 U.S.C. 5170] that supersedes such emer- gency declaration.’’ § 321. The National Infrastructure Simulation and Analysis Center (a) Definition In this section, the term ‘‘National Infrastruc- ture Simulation and Analysis Center’’ means the National Infrastructure Simulation and Analysis Center established under section 5195c(d) of title 42. (b) Authority (1) In general There is in the Department the National In- frastructure Simulation and Analysis Center which shall serve as a source of national ex- pertise to address critical infrastructure pro- tection and continuity through support for ac- tivities related to— (A) counterterrorism, threat assessment, and risk mitigation; and (B) a natural disaster, act of terrorism, or other man-made disaster. (2) Infrastructure modeling (A) Particular support The support provided under paragraph (1) shall include modeling, simulation, and analysis of the systems and assets com- prising critical infrastructure, in order to enhance preparedness, protection, response, recovery, and mitigation activities. (B) Relationship with other agencies Each Federal agency and department with critical infrastructure responsibilities under Homeland Security Presidential Directive 7, or any successor to such directive, shall es- tablish a formal relationship, including an agreement regarding information sharing, between the elements of such agency or de- partment and the National Infrastructure Simulation and Analysis Center, through the Department. (C) Purpose (i) In general The purpose of the relationship under subparagraph (B) shall be to permit each Federal agency and department described in subparagraph (B) to take full advantage of the capabilities of the National Infra- structure Simulation and Analysis Center (particularly vulnerability and con- sequence analysis), consistent with its work load capacity and priorities, for real- time response to reported and projected natural disasters, acts of terrorism, and other man-made disasters. (ii) Recipient of certain support Modeling, simulation, and analysis pro- vided under this subsection shall be pro- vided to relevant Federal agencies and de- partments, including Federal agencies and departments with critical infrastructure responsibilities under Homeland Security Presidential Directive 7, or any successor to such directive. (Pub. L. 107–296, title V, § 511, as added Pub. L. 109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat. 1406.) Editorial Notes PRIOR PROVISIONS A prior section 321, Pub. L. 107–296, title V, § 510, as added Pub. L. 108–458, title VII, § 7303(d), Dec. 17, 2004, 118 Stat. 3844, related to urban and other high risk area communications capabilities, prior to repeal by Pub. L. 109–295, title VI, § 611(5), Oct. 4, 2006, 120 Stat. 1395. § 321a. Evacuation plans and exercises (a) In general Notwithstanding any other provision of law, and subject to subsection (d), grants made to States or local or tribal governments by the De- partment through the State Homeland Security Grant Program or the Urban Area Security Ini- tiative may be used to— (1) establish programs for the development and maintenance of mass evacuation plans under subsection (b) in the event of a natural disaster, act of terrorism, or other man-made disaster; (2) prepare for the execution of such plans, including the development of evacuation routes and the purchase and stockpiling of necessary supplies and shelters; and (3) conduct exercises of such plans. (b) Plan development In developing the mass evacuation plans au- thorized under subsection (a), each State, local, or tribal government shall, to the maximum ex- tent practicable— (1) establish incident command and decision making processes; (2) ensure that State, local, and tribal gov- ernment plans, including evacuation routes, are coordinated and integrated; (3) identify primary and alternative evacu- ation routes and methods to increase evacu- ation capabilities along such routes such as conversion of two-way traffic to one-way evac- uation routes; (4) identify evacuation transportation modes and capabilities, including the use of mass and public transit capabilities, and coordinating and integrating evacuation plans for all popu- lations including for those individuals located in hospitals, nursing homes, and other institu- tional living facilities; (5) develop procedures for informing the pub- lic of evacuation plans before and during an evacuation, including individuals— (A) with disabilities or other special needs, including the elderly; (B) with limited English proficiency; or (C) who might otherwise have difficulty in obtaining such information; and (6) identify shelter locations and capabili- ties. (c) Assistance (1) In general The Administrator may establish any guide- lines, standards, or requirements determined Page 171 TITLE 6—DOMESTIC SECURITY § 321c appropriate to administer this section and to ensure effective mass evacuation planning for State, local, and tribal areas. (2) Requested assistance The Administrator shall make assistance available upon request of a State, local, or tribal government to assist hospitals, nursing homes, and other institutions that house indi- viduals with special needs to establish, main- tain, and exercise mass evacuation plans that are coordinated and integrated into the plans developed by that State, local, or tribal gov- ernment under this section. (d) Multipurpose funds Nothing in this section may be construed to preclude a State, local, or tribal government from using grant funds in a manner that en- hances preparedness for a natural or man-made disaster unrelated to an act of terrorism, if such use assists such government in building capa- bilities for terrorism preparedness. (Pub. L. 107–296, title V, § 512, as added Pub. L. 109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat. 1407; amended Pub. L. 110–53, title I, § 102(b), Aug. 3, 2007, 121 Stat. 293.) Editorial Notes AMENDMENTS 2007—Subsec. (b)(5)(A). Pub. L. 110–53 inserted ‘‘, including the elderly’’ after ‘‘needs’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emer- gency Management Agency until Mar. 31, 2007, see sec- tion 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of this title. § 321b. Disability Coordinator (a) In general After consultation with organizations rep- resenting individuals with disabilities, the Na- tional Council on Disabilities, and the Inter- agency Coordinating Council on Preparedness and Individuals with Disabilities, established under Executive Order No. 13347, the Adminis- trator shall appoint a Disability Coordinator. The Disability Coordinator shall report directly to the Administrator, in order to ensure that the needs of individuals with disabilities are being properly addressed in emergency prepared- ness and disaster relief. (b) Responsibilities The Disability Coordinator shall be respon- sible for— (1) providing guidance and coordination on matters related to individuals with disabilities in emergency planning requirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster; (2) interacting with the staff of the Agency, the National Council on Disabilities, the Interagency Coordinating Council on Pre- paredness and Individuals with Disabilities es- tablished under Executive Order No. 13347, other agencies of the Federal Government, and State, local, and tribal government authori- ties regarding the needs of individuals with disabilities in emergency planning require- ments and relief efforts in the event of a nat- ural disaster, act of terrorism, or other man- made disaster; (3) consulting with organizations that rep- resent the interests and rights of individuals with disabilities about the needs of individuals with disabilities in emergency planning re- quirements and relief efforts in the event of a natural disaster, act of terrorism, or other man-made disaster; (4) ensuring the coordination and dissemina- tion of best practices and model evacuation plans for individuals with disabilities; (5) ensuring the development of training ma- terials and a curriculum for training of emer- gency response providers, State, local, and tribal government officials, and others on the needs of individuals with disabilities; (6) promoting the accessibility of telephone hotlines and websites regarding emergency preparedness, evacuations, and disaster relief; (7) working to ensure that video program- ming distributors, including broadcasters, cable operators, and satellite television serv- ices, make emergency information accessible to individuals with hearing and vision disabil- ities; (8) ensuring the availability of accessible transportation options for individuals with disabilities in the event of an evacuation; (9) providing guidance and implementing policies to ensure that the rights and wishes of individuals with disabilities regarding post- evacuation residency and relocation are re- spected; (10) ensuring that meeting the needs of indi- viduals with disabilities are included in the components of the national preparedness sys- tem established under section 744 of this title; and (11) any other duties as assigned by the Ad- ministrator. (Pub. L. 107–296, title V, § 513, as added Pub. L. 109–295, title VI, § 611(13), Oct. 4, 2006, 120 Stat. 1408.) Editorial Notes REFERENCES IN TEXT Executive Order No. 13347, referred to in subsecs. (a) and (b)(2), is set out as a note under section 314 of this title. Statutory Notes and Related Subsidiaries CHANGE OF NAME Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emer- gency Management Agency until Mar. 31, 2007, see sec- tion 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of this title. § 321c. Department and Agency officials (a) Deputy Administrators The President may appoint, by and with the advice and consent of the Senate, not more than

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

42 U.S.C. § 5121 — Congressional findings and declarations

**(a)** The Congress hereby finds and declares that— (1) because disasters often cause loss of life, human suffering, loss of income, and property loss and damage; and (2) because disasters often disrupt the normal functioning of governments and communities, and adversely affect individuals and families with great severity; special measures, designed to assist the efforts of the affected States in expediting the rendering of aid, assistance, and emergency services, and the reconstruction and rehabilitation of devastated areas, are necessary. **(b)** It is the intent of the Congress, by this chapter, to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from such disasters by— (1) revising and broadening the scope of existing disaster relief programs; (2) encouraging the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and by local governments; (3) achieving greater coordination and responsiveness of disaster preparedness and relief programs; (4) encouraging individuals, States, and local governments to protect themselves by obtaining insurance coverage to supplement or replace governmental assistance; (5) encouraging hazard mitigation measures to reduce losses from disasters, including development of land use and construction regulations; (6) providing Federal assistance programs for both public and private losses sustained in disasters; and (7) identifying and improving the climate and natural hazard resilience of vulnerable communities.

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

42 U.S.C. § 5121 — Congressional findings and declarations

Page 6354 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5121 Sec. 5165g. National veterinary emergency teams. SUBCHAPTER IV—MAJOR DISASTER ASSISTANCE PROGRAMS 5170. Procedure for declaration. 5170a. General Federal assistance. 5170b. Essential assistance. 5170c. Hazard mitigation. 5171. Federal facilities. 5172. Repair, restoration, and replacement of dam- aged facilities. 5173. Debris removal. 5174. Federal assistance to individuals and house- holds. 5174a. Flexibility. 5174b. Critical document fee waiver. 5175, 5176. Repealed. 5177. Unemployment assistance. 5177a. Emergency grants to assist low-income mi- grant and seasonal farmworkers. 5178. Repealed. 5179. Benefits and distribution. 5180. Food commodities. 5181. Relocation assistance. 5182. Legal services. 5183. Crisis counseling assistance and training. 5184. Community disaster loans. 5185. Emergency communications. 5186. Emergency public transportation. 5187. Fire management assistance. 5188. Timber sale contracts. 5189. Simplified procedure. 5189a. Appeals of assistance decisions. 5189b. Date of eligibility; expenses incurred before date of disaster. 5189c. Transportation assistance to individuals and households. 5189d. Case management services. 5189e. Essential service providers. 5189f. Public assistance program alternative proce- dures. 5189g. Unified Federal review. 5189h. Agency accountability. SUBCHAPTER IV–A—EMERGENCY ASSISTANCE PROGRAMS 5191. Procedure for declaration. 5192. Federal emergency assistance. 5193. Amount of assistance. SUBCHAPTER IV–B—EMERGENCY PREPAREDNESS 5195. Declaration of policy. 5195a. Definitions. 5195b. Administration of subchapter. 5195c. Critical infrastructures protection. PART A—POWERS AND DUTIES

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

42 U.S.C. § 5170 — Procedure for declaration

**(a) In general** All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State. Such a request shall be based on a finding that the disaster is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary. As part of such request, and as a prerequisite to major disaster assistance under this chapter, the Governor shall take appropriate response action under State law and direct execution of the State’s emergency plan. The Governor shall furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the results of the disaster, and shall certify that, for the current disaster, State and local government obligations and expenditures (of which State commitments must be a significant proportion) will comply with all applicable cost-sharing requirements of this chapter. Based on the request of a Governor under this section, the President may declare under this chapter that a major disaster or emergency exists. **(b) Indian tribal government requests** (1) **In general** — The Chief Executive of an affected Indian tribal government may submit a request for a declaration by the President that a major disaster exists consistent with the requirements of subsection (a). (2) **References** — In implementing assistance authorized by the President under this chapter in response to a request of the Chief Executive of an affected Indian tribal government for a major disaster declaration, any reference in this subchapter or subchapter III (except sections 5153 and 5165d of this title) to a State or the Governor of a State is deemed to refer to a

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

42 U.S.C. § 5170 — Procedure for declaration

Page 6389 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5170 (2) Acquisition and maintenance of equip- ment, including interoperable communica- tions and personal protective equipment. (3) Medical monitoring required for re- sponder safety and health in anticipation of and following a major disaster, emergency, or other hazard, as determined by the Adminis- trator. (m) Response cooperative agreements The Administrator shall enter into a response cooperative agreement with each sponsoring agency, as appropriate, under which the Admin- istrator agrees to reimburse the sponsoring agency for costs incurred by the sponsoring agency in responding to a major disaster or emergency. (n) Obligations The Administrator may incur all necessary obligations consistent with this section in order to ensure the effectiveness of the System. (o) Equipment maintenance and replacement Not later than 180 days after December 16, 2016, the Administrator shall submit to the ap- propriate congressional committees (as defined in section 101 of title 6) a report on the develop- ment of a plan, including implementation steps and timeframes, to finance, maintain, and re- place System equipment. (p) Federal employees Nothing in this section shall be construed to mean that a task force may not include Federal employees. In the case of a Federal employee de- tailed to a task force, the sponsoring agency shall enter into an agreement with the relevant employing Federal agency. (Pub. L. 93–288, title III, § 327, as added Pub. L. 114–326, § 2(a), Dec. 16, 2016, 130 Stat. 1968; amend- ed Pub. L. 116–48, § 1, Aug. 22, 2019, 133 Stat. 1071.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (f)(3), was in the original ‘‘this Act’’, meaning Pub. L. 93–288, May 22,

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5170

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

6 U.S.C. § 321a — Functions transferred

**(a) In general** Except as provided in subsection (b), there are transferred to the Agency the following: (1) All functions of the Federal Emergency Management Agency, including existing responsibilities for emergency alert systems and continuity of operations and continuity of government plans and programs as constituted on June 1, 2006, including all of its personnel, assets, components, authorities, grant programs, and liabilities, and including the functions of the Under Secretary for Federal Emergency Management relating thereto. (2) The Directorate of Preparedness, as constituted on June 1, 2006, including all of its functions, personnel, assets, components, authorities, grant programs, and liabilities, and including the functions of the Under Secretary for Preparedness relating thereto. **(b) Exceptions** The following within the Preparedness Directorate shall not be transferred: (1) The Office of Infrastructure Protection. (2) The National Communications System. (3) The National Cybersecurity Division. (4) The functions, personnel, assets, components, authorities, and liabilities of each component described under paragraphs (1) through (3).

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