42 U.S.C. § 5195a — Definitions

Page 6455 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5195a (b) The Executive Committee shall be composed of the Secretary of Defense, the Secretary of Homeland Security, the Director of National Intelligence, the As- sistant to the President for National Security Affairs (APNSA), the Assistant to the President and Deputy Chief of Staff for Operations, and the Director of the Office of Management and Budget. When issues con- cerning science and technology, including communica- tions technology, are on the agenda, the Executive Committee also shall include the Director of the Office of Science and Technology Policy (OSTP). The heads of other agencies, and other senior officials, shall be in- vited to attend meetings as appropriate. (c) The APNSA, in coordination with the other mem- bers of the Executive Committee, shall be responsible for convening the committee, as appropriate, to coordi- nate the review, integration, and execution of the Strategy and other continuity policy across the execu- tive branch. (d) The Executive Committee shall: (i) coordinate the development of an implementation plan (Plan) for the Strategy and other continuity pol- icy, as described in section 4(b) of this order, and shall facilitate execution of the Plan and other continuity policy, as appropriate; (ii) advise the President, through the Assistant to the President and Chief of Staff (Chief of Staff), on the re- view, integration, and execution of the Strategy and other continuity policy, including the recommenda- tions outlined in section 4(c) of this order; (iii) establish, with consensus of its members and as appropriate, subordinate coordinating bodies; and (iv) coordinate the development of an interagency framework under which agencies will assess and ad- dress risk to Federal Mission Resilience and NEFs across the executive branch. SEC. 4. Implementation. (a) Within 90 days of the date of this order [Dec. 7, 2020], the Executive Committee shall submit a Federal Mission Resilience Executive Committee Charter to the President, through the Chief of Staff, that identifies any subordinate bodies, work- ing groups, and reporting mechanisms that support the role of the Executive Committee. (b) Within 90 days of the date of this order, the Exec- utive Committee shall submit a Federal Mission Resil- ience Implementation Plan to the President, through the Chief of Staff, that sets forth how the executive branch will implement the Strategy. The Plan shall de- scribe in detail the near-, mid-, and long-term actions necessary to ensure the uninterrupted performance of NEFs. (c) Within 120 days of the date of this order, the Exec- utive Committee shall coordinate the review of exist- ing continuity policy and other related national poli- cies, and shall provide recommendations to the Presi- dent, through the Chief of Staff, on any actions nec- essary to align these policies with the implementation of the Strategy. SEC. 5. Amendment to PPD–40. To designate a new Na- tional Continuity Coordinator (NCC), in section 6 of PPD–40, the second sentence is hereby revised to read as follows: ‘‘To advise and assist the President in that function, the Assistant to the President for National Security Affairs, or his or her designee, is designated as the NCC.’’ SEC. 6. Amendments to Executive Order 13618. (a) [Amended Ex. Ord. 13618, set out above.] (b) Section 3 of Executive Order 13618 is hereby re- voked. The responsibilities of the national security and emergency preparedness Executive Committee set forth in section 3.3 of Executive Order 13618 shall be trans- ferred to and exercised by the Executive Committee es- tablished in section 3 of this order. SEC. 7. Program Support. The national security and emergency preparedness Executive Committee Joint Program Office established by section 4 of Executive Order 13618 shall support the Executive Committee es- tablished in section 3 of this order, the execution of ac- tivities described in section 4 of this order, and those activities taken by the Director of OSTP pursuant to section 6 of this order. SEC. 8. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. DONALD J. TRUMP. § 5195a. Definitions (a) Definitions For purposes of this subchapter only: (1) Hazard The term ‘‘hazard’’ means an emergency or disaster resulting from— (A) a natural disaster; or (B) an accidental or man-caused event. (2) Natural disaster The term ‘‘natural disaster’’ means any hur- ricane, tornado, storm, flood, high water, wind-driven water, tidal wave, tsunami, earth- quake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, or other catastrophe in any part of the United States which causes, or which may cause, substantial damage or in- jury to civilian property or persons. (3) Emergency preparedness The term ‘‘emergency preparedness’’ means all those activities and measures designed or undertaken to prepare for or minimize the ef- fects of a hazard upon the civilian population, to deal with the immediate emergency condi- tions which would be created by the hazard, and to effectuate emergency repairs to, or the emergency restoration of, vital utilities and facilities destroyed or damaged by the hazard. Such term includes the following: (A) Measures to be undertaken in prepara- tion for anticipated hazards (including the establishment of appropriate organizations, operational plans, and supporting agree- ments, the recruitment and training of per- sonnel, the conduct of research, the procure- ment and stockpiling of necessary materials and supplies, the provision of suitable warn- ing systems, the construction or preparation of shelters, shelter areas, and control cen- ters, and, when appropriate, the non-mili- tary evacuation of the civilian population). (B) Measures to be undertaken during a hazard (including the enforcement of passive defense regulations prescribed by duly estab- lished military or civil authorities, the evac- uation of personnel to shelter areas, the con- trol of traffic and panic, and the control and use of lighting and civil communications). (C) Measures to be undertaken following a hazard (including activities for fire fighting, rescue, emergency medical, health and sani- tation services, monitoring for specific dan- gers of special weapons, unexploded bomb re- connaissance, essential debris clearance, Page 6456 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5195b 1 So in original. Probably should be ‘‘include’’. 2 So in original. The comma probably should follow the closing quotation marks. 3 See References in Text note below. emergency welfare measures, and imme- diately essential emergency repair or res- toration of damaged vital facilities). (4) Organizational equipment The term ‘‘organizational equipment’’ means equipment determined by the Adminis- trator to be necessary to an emergency pre- paredness organization, as distinguished from personal equipment, and of such a type or na- ture as to require it to be financed in whole or in part by the Federal Government. Such term does not include those items which the local community normally uses in combating local disasters, except when required in unusual quantities dictated by the requirements of the emergency preparedness plans. (5) Materials The term ‘‘materials’’ includes raw mate- rials, supplies, medicines, equipment, compo- nent parts and technical information and processes necessary for emergency prepared- ness. (6) Facilities The term ‘‘facilities’’, except as otherwise provided in this subchapter, includes build- ings, shelters, utilities, and land. (7) Administrator The term ‘‘Administrator’’ means the Ad- ministrator of the Federal Emergency Man- agement Agency. (8) Neighboring countries The term ‘‘neighboring countries’’ includes Canada and Mexico. (9) United States and States The terms ‘‘United States’’ and ‘‘States’’ in- cludes 1 the several States, the District of Co- lumbia, and territories and possessions of the United States. (10) State The term ‘‘State’’ includes interstate emer- gency preparedness authorities established under section 5196(h) of this title. (b) Cross reference The terms ‘‘national defense’’ and ‘‘defense,’’ 2 as used in the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.),3 includes 1 emergency preparedness activities conducted pursuant to this subchapter. (Pub. L. 93–288, title VI, § 602, as added Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(3), Oct. 5, 1994, 108 Stat. 3101; amended Pub. L. 111–351, § 3(c), Jan. 4, 2011, 124 Stat. 3864.) Editorial Notes REFERENCES IN TEXT The Defense Production Act of 1950, referred to in subsec. (b), is act Sept. 8, 1950, ch. 932, 64 Stat. 798, which was classified to section 2061 et seq. of the former Appendix to Title 50, War and National Defense, prior to editorial reclassification and renumbering as chapter 55 (§ 4501 et seq.) of Title 50. For complete clas- sification of this Act to the Code, see Tables. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 2252 and 2282 of the former Appendix to Title 50, War and National Defense, prior to repeal by Pub. L. 103–337, § 3412(a). AMENDMENTS 2011—Subsec. (a)(4). Pub. L. 111–351, § 3(c)(2), sub- stituted ‘‘Administrator’’ for ‘‘Director’’. Subsec. (a)(7). Pub. L. 111–351, § 3(c)(1), added par. (7) and struck out former par. (7). Prior to amendment, text read as follows: ‘‘The term ‘Director’ means the Director of the Federal Emergency Management Agen- cy.’’ 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. § 5195b. Administration of subchapter This subchapter shall be carried out by the Administrator of the Federal Emergency Man- agement Agency. (Pub. L. 93–288, title VI, § 603, as added Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(3), Oct. 5, 1994, 108 Stat. 3102; 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’’. 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.