42 U.S.C. § 5196g — Guidance and training by FEMA on co-

Page 6465 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5196g 1 So in original. The word ‘‘the’’ probably should appear before ‘‘Federal’’. uitable; and shall reflect costs of providing such services, including administrative costs of col- lecting such fees. Fees received pursuant to this section shall be deposited in the Fund as offset- ting collections and will become available for authorized purposes on October 1, 1999, and re- main available until expended. (Pub. L. 105–276, title III, Oct. 21, 1998, 112 Stat. 2502; Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410.) Editorial Notes REFERENCES IN TEXT The Atomic Energy Act of 1954, referred to in text, is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. Executive Order 12657, referred to in text, is Ex. Ord. No. 12657, Nov. 18, 1988, 53 F.R. 47513, which is set out as a note under section 5195 of this title. CODIFICATION Section was enacted as part of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999, and not as part of the Robert T. Stafford Disaster Relief and Emergency Assistance Act which comprises this chapter. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Administrator of the Federal Emergency Manage- ment Agency’’ substituted for ‘‘Director of the Federal Emergency Management Agency’’ on authority of sec- tion 612(c) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Man- agement 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 Emergency Man- agement Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6. 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. § 5196f. Disaster related information services (a) In general Consistent with section 5151(a) of this title, the Administrator of Federal 1 Emergency Man- agement Agency shall— (1) identify, in coordination with State and local governments, population groups with limited English proficiency and take into ac- count such groups in planning for an emer- gency or major disaster; (2) ensure that information made available to individuals affected by a major disaster or emergency is made available in formats that can be understood by— (A) population groups identified under paragraph (1); and (B) individuals with disabilities or other special needs; and (3) develop and maintain an informational clearinghouse of model language assistance programs and best practices for State and local governments in providing services re- lated to a major disaster or emergency. (b) Group size For purposes of subsection (a), the Adminis- trator of Federal 1 Emergency Management Agency shall define the size of a population group. (Pub. L. 93–288, title VI, § 616, as added Pub. L. 109–295, title VI, § 689e, Oct. 4, 2006, 120 Stat. 1452; amended Pub. L. 111–351, § 3(c)(2), Jan. 4, 2011, 124 Stat. 3864.) Editorial Notes AMENDMENTS 2011—Pub. L. 111–351 substituted ‘‘Administrator’’ for ‘‘Director’’ in subsecs. (a) and (b). § 5196g. Guidance and training by FEMA on co- ordination of emergency response plans (a) Training requirement The Administrator, in coordination with other relevant agencies, shall provide guidance and training on an annual basis to State, local, and Indian tribal governments, first responders, and facilities that store hazardous materials on co- ordination of emergency response plans in the event of a major disaster or emergency, includ- ing severe weather events. The guidance and training shall include the following: (1) Providing a list of equipment required in the event a hazardous substance is released into the environment. (2) Outlining the health risks associated with exposure to hazardous substances to im- prove treatment response. (3) Publishing best practices for mitigating further danger to communities from hazardous substances. (b) Implementation The requirement of subsection (a) shall be im- plemented not later than 180 days after October 5, 2018. (Pub. L. 115–254, div. D, § 1236, Oct. 5, 2018, 132 Stat. 3464.) Editorial Notes CODIFICATION Section was enacted as part of the Disaster Recovery Reform Act of 2018 and as part of the FAA Reauthoriza- tion Act of 2018, and not as part of the Robert T. Staf- Page 6466 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5197 ford Disaster Relief and Emergency Assistance Act which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS For definition of ‘‘Administrator’’ and ‘‘State’’ as used in this section, see section 1203 of Pub. L. 115–254, set out as a note under section 5122 of this title. PART B—GENERAL PROVISIONS § 5197. Administrative authority (a) In general For the purpose of carrying out the powers and duties assigned to the Administrator under this subchapter, the Administrator may exercise the administrative authorities provided under this section. (b) Advisory personnel (1) The Administrator may employ not more than 100 part-time or temporary advisory per- sonnel (including not to exceed 25 subjects of the United Kingdom or citizens of Canada) as the Administrator considers to be necessary in car- rying out the provisions of this subchapter. (2) Persons holding other offices or positions under the United States for which they receive compensation, while serving as advisory per- sonnel, shall receive no additional compensation for such service. Other part-time or temporary advisory personnel so employed may serve with- out compensation or may receive compensation at a rate not to exceed $180 for each day of serv- ice, plus authorized subsistence and travel, as determined by the Administrator. (c) Services of other agency personnel and vol- unteers The Administrator may— (1) use the services of Federal agencies and, with the consent of any State or local govern- ment, accept and use the services of State and local agencies; (2) establish and use such regional and other offices as may be necessary; and (3) use such voluntary and uncompensated services by individuals or organizations as may from time to time be needed. (d) Gifts Notwithstanding any other provision of law, the Administrator may accept gifts of supplies, equipment, and facilities and may use or dis- tribute such gifts for emergency preparedness purposes in accordance with the provisions of this subchapter. (e) Reimbursement The Administrator may reimburse any Fed- eral agency for any of its expenditures or for compensation of its personnel and use or con- sumption of its materials and facilities under this subchapter to the extent funds are avail- able. (f) Printing The Administrator may purchase such print- ing, binding, and blank-book work from public, commercial, or private printing establishments or binderies as the Administrator considers nec- essary upon orders placed by the Director of the Government Publishing Office or upon waivers issued in accordance with section 504 of title 44. (g) Rules and regulations The Administrator may prescribe such rules and regulations as may be necessary and proper to carry out any of the provisions of this sub- chapter and perform any of the powers and du- ties provided by this subchapter. The Adminis- trator may perform any of the powers and duties provided by this subchapter through or with the aid of such officials of the Federal Emergency Management Agency as the Administrator may designate. (h) Failure to expend contributions correctly (1) When, after reasonable notice and oppor- tunity for hearing to the State or other person involved, the Administrator finds that there is a failure to expend funds in accordance with the regulations, terms, and conditions established under this subchapter for approved emergency preparedness plans, programs, or projects, the Administrator may notify such State or person that further payments will not be made to the State or person from appropriations under this subchapter (or from funds otherwise available for the purposes of this subchapter for any ap- proved plan, program, or project with respect to which there is such failure to comply) until the Administrator is satisfied that there will no longer be any such failure. (2) Until so satisfied, the Administrator shall either withhold the payment of any financial contribution to such State or person or limit payments to those programs or projects with re- spect to which there is substantial compliance with the regulations, terms, and conditions gov- erning plans, programs, or projects hereunder. (3) As used in this subsection, the term ‘‘per- son’’ means the political subdivision of any State or combination or group thereof or any person, corporation, association, or other entity of any nature whatsoever, including instrumen- talities of States and political subdivisions. (Pub. L. 93–288, title VI, § 621, as added Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(3), Oct. 5, 1994, 108 Stat. 3107; amended Pub. L. 111–351, § 3(c)(2), Jan. 4, 2011, 124 Stat. 3864; Pub. L. 113–235, div. H, title I, § 1301(d), Dec. 16, 2014, 128 Stat. 2537.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 2253 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. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Director of the Government Publishing Office’’ sub- stituted for ‘‘Public Printer’’ in subsec. (f) on authority of section 1301(d) of Pub. L. 113–235, set out as a note under section 301 of Title 44, Public Printing and Docu- ments.