42 U.S.C. § 5143 — Coordinating officers

Page 6373 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5143 title [subtitle B (§§ 7311–7315) of title LXXIII of div. G of Pub. L. 117–263, see Short Title of 2022 Amendment note set out under section 5121 of this title] shall diminish or divert resources from— ‘‘(1) the full completion of federally-led chemical surety material storage missions or chemical demili- tarization missions that are underway as of the date of enactment of this Act [Dec. 23, 2022]; or ‘‘(2) any transitional activities or other community assistance incidental to the completion of the mis- sions described in paragraph (1).’’ DEFINITIONS Pub. L. 117–263, div. G, title LXXIII, § 7312, Dec. 23, 2022, 136 Stat. 3689, provided that: ‘‘In this subtitle [sub- title B (§§ 7311–7315) of title LXXIII of div. G of Pub. L. 117–263, see Short Title of 2022 Amendment note set out under section 5121 of this title]: ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the Federal Emergency Management Agency. ‘‘(2) INDIAN TRIBAL GOVERNMENT.—The term ‘Indian Tribal government’ has the meaning given the term ‘Indian tribal government’ in section 102 of the Rob- ert T. Stafford Disaster Relief and Emergency Assist- ance Act (42 U.S.C. 5122). ‘‘(3) LOCAL GOVERNMENT; STATE.—The terms ‘local government’ and ‘State’ have the meanings given such terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). ‘‘(4) TECHNOLOGICAL HAZARD AND RELATED EMERGING THREAT.—The term ‘technological hazard and related emerging threat’— ‘‘(A) means a hazard that involves materials cre- ated by humans that pose a unique hazard to the general public and environment and which may re- sult from— ‘‘(i) an accident; ‘‘(ii) an emergency caused by another hazard; or ‘‘(iii) intentional use of the hazardous mate- rials; and ‘‘(B) includes a chemical, radiological, biological, and nuclear hazard.’’ SUBCHAPTER III—MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRA- TION § 5141. Waiver of administrative conditions Any Federal agency charged with the adminis- tration of a Federal assistance program may, if so requested by the applicant State or local au- thorities, modify or waive, for a major disaster, such administrative conditions for assistance as would otherwise prevent the giving of assistance under such programs if the inability to meet such conditions is a result of the major disaster. (Pub. L. 93–288, title III, § 301, as added Pub. L. 100–707, title I, § 105(a)(2), Nov. 23, 1988, 102 Stat. 4691.) Editorial Notes PRIOR PROVISIONS A prior section 5141, Pub. L. 93–288, title III, § 301, May 22, 1974, 88 Stat. 146, set out procedure for determina- tion of existence of emergency or major disaster, prior to repeal by Pub. L. 100–707, § 105(a)(2). § 5142. Repealed. Pub. L. 100–707, title I, § 105(a)(2), Nov. 23, 1988, 102 Stat. 4691 Section, Pub. L. 93–288, title III, § 302, May 22, 1974, 88 Stat. 146, related to Federal assistance and its coordi- nation with State and local disaster assistance. § 5143. Coordinating officers (a) Appointment of Federal coordinating officer Immediately upon his declaration of a major disaster or emergency, the President shall ap- point a Federal coordinating officer to operate in the affected area. (b) Functions of Federal coordinating officer In order to effectuate the purposes of this chapter, the Federal coordinating officer, within the affected area, shall— (1) make an initial appraisal of the types of relief most urgently needed; (2) establish such field offices as he deems necessary and as are authorized by the Presi- dent; (3) coordinate the administration of relief, including activities of the State and local gov- ernments, the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief or disaster assistance organizations, which agree to operate under his advice or direction, except that nothing contained in this chapter shall limit or in any way affect the responsibilities of the American National Red Cross under chapter 3001 of title 36; and (4) take such other action, consistent with authority delegated to him by the President, and consistent with the provisions of this chapter, as he may deem necessary to assist local citizens and public officials in promptly obtaining assistance to which they are enti- tled. (c) State coordinating officer When the President determines assistance under this chapter is necessary, he shall request that the Governor of the affected State des- ignate a State coordinating officer for the pur- pose of coordinating State and local disaster as- sistance efforts with those of the Federal Gov- ernment. (d) Single Federal coordinating officer for multistate area Where the area affected by a major disaster or emergency includes parts of more than 1 State, the President, at the discretion of the President, may appoint a single Federal coordinating offi- cer for the entire affected area, and may appoint such deputy Federal coordinating officers to as- sist the Federal coordinating officer as the President determines appropriate. (Pub. L. 93–288, title III, § 302, formerly § 303, May 22, 1974, 88 Stat. 147; renumbered § 302 and amended Pub. L. 100–707, title I, § 105(b), Nov. 23, 1988, 102 Stat. 4691; Pub. L. 109–295, title VI, § 687, Oct. 4, 2006, 120 Stat. 1448.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (b) and (c), was in the original ‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88 Stat. 143. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 5121 of this title and Tables. CODIFICATION In subsec. (b)(3), ‘‘chapter 3001 of title 36’’ substituted for ‘‘the Act of January 5, 1905, as amended (33 Stat. Page 6374 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5144 599)’’ on authority of Pub. L. 105–225, § 5(b), Aug. 12, 1998, 112 Stat. 1499, the first section of which enacted Title 36, Patriotic and National Observances, Ceremonies, and Organizations. PRIOR PROVISIONS A prior section 302 of Pub. L. 93–288 was classified to section 5142 of this title prior to repeal by Pub. L. 100–707. AMENDMENTS 2006—Subsec. (d). Pub. L. 109–295 added subsec. (d). 1988—Subsec. (a). Pub. L. 100–707 inserted ‘‘or emer- gency’’ after ‘‘major disaster’’. § 5144. Emergency support and response teams (a) Emergency support teams The President shall form emergency support teams of Federal personnel to be deployed in an area affected by a major disaster or emergency. Such emergency support teams shall assist the Federal coordinating officer in carrying out his responsibilities pursuant to this chapter. Upon request of the President, the head of any Fed- eral agency is directed to detail to temporary duty with the emergency support teams on ei- ther a reimbursable or nonreimbursable basis, as is determined necessary by the President, such personnel within the administrative jurisdiction of the head of the Federal agency as the Presi- dent may need or believe to be useful for car- rying out the functions of the emergency sup- port teams, each such detail to be without loss of seniority, pay, or other employee status. (b) Emergency response teams (1) Establishment In carrying out subsection (a), the President, acting through the Administrator of the Fed- eral Emergency Management Agency, shall es- tablish— (A) at a minimum 3 national response teams; and (B) sufficient regional response teams, in- cluding Regional Office strike teams under section 317 of title 6; and (C) other response teams as may be nec- essary to meet the incident management re- sponsibilities of the Federal Government. (2) Target capability level The Administrator shall ensure that specific target capability levels, as defined pursuant to the guidelines established under section 746(a) of title 6, are established for Federal emer- gency response teams. (3) Personnel The President, acting through the Adminis- trator, shall ensure that the Federal emer- gency response teams consist of adequate numbers of properly planned, organized, equipped, trained, and exercised personnel to achieve the established target capability lev- els. Each emergency response team shall work in coordination with State and local officials and onsite personnel associated with a par- ticular incident. (4) Readiness reporting The Administrator shall evaluate team read- iness on a regular basis and report team readi- ness levels in the report required under sec- tion 752(a) of title 6. (Pub. L. 93–288, title III, § 303, formerly § 304, May 22, 1974, 88 Stat. 148; renumbered § 303, Pub. L. 100–707, title I, § 105(c), Nov. 23, 1988, 102 Stat. 4691; amended Pub. L. 109–295, title VI, § 633, Oct. 4, 2006, 120 Stat. 1421; Pub. L. 111–351, § 3(c)(2), Jan. 4, 2011, 124 Stat. 3864.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88 Stat. 143. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 5121 of this title and Tables. PRIOR PROVISIONS A prior section 303 of Pub. L. 93–288 was renumbered section 302 by Pub. L. 100–707 and is classified to section 5143 of this title. AMENDMENTS 2011—Subsec. (b). Pub. L. 111–351 substituted ‘‘Admin- istrator’’ for ‘‘Director’’ wherever appearing. 2006—Pub. L. 109–295 substituted ‘‘Emergency support and response teams’’ for ‘‘Emergency support teams’’ in section catchline, designated existing provisions as subsec. (a), inserted subsec. heading, and added subsec. (b). §§ 5145, 5146. Repealed. Pub. L. 100–707, title I, § 105(d), Nov. 23, 1988, 102 Stat. 4691 Section 5145, Pub. L. 93–288, title III, § 305, May 22, 1974, 88 Stat. 148, related to authority of President to provide assistance in an emergency. Section 5146, Pub. L. 93–288, title III, § 306, May 22, 1974, 88 Stat. 148, related to cooperation of Federal agencies in rendering disaster assistance. § 5147. Reimbursement of Federal agencies Federal agencies may be reimbursed for ex- penditures under this chapter from funds appro- priated for the purposes of this chapter. Any funds received by Federal agencies as reimburse- ment for services or supplies furnished under the authority of this chapter shall be deposited to the credit of the appropriation or appropriations currently available for such services or supplies. (Pub. L. 93–288, title III, § 304, formerly § 307, May 22, 1974, 88 Stat. 149; renumbered § 304, Pub. L. 100–707, title I, § 105(d), Nov. 23, 1988, 102 Stat. 4691.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88 Stat. 143. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables. PRIOR PROVISIONS A prior section 304 of Pub. L. 93–288 was renumbered section 303 by Pub. L. 100–707 and is classified to section 5144 of this title. § 5148. Nonliability of Federal Government The Federal Government shall not be liable for any claim based upon the exercise or per-