
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5196]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 68--DISASTER RELIEF
 
                 SUBCHAPTER IV-B--EMERGENCY PREPAREDNESS
 
                        Part A--Powers and Duties
 
Sec. 5196. Detailed functions of administration


(a) In general

    In order to carry out the policy described in section 5195 of this 
title, the Director shall have the authorities provided in this section.

(b) Federal emergency response plans and programs

    The Director may prepare Federal response 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 Director may request 
such reports on State plans and operations for emergency preparedness 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 responsibilities

    With the approval of the President, the Director may delegate to 
other departments and agencies of the Federal Government appropriate 
emergency preparedness responsibilities and review and coordinate the 
emergency preparedness activities of the departments and agencies with 
each other and with the activities of the States and neighboring 
countries.

(d) Communications and warnings

    The Director may make appropriate provision for necessary emergency 
preparedness communications and for dissemination of warnings to the 
civilian population of a hazard.

(e) Emergency preparedness measures

    The Director 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 methods of treating the 
    effects of hazards;
        (2) developing shelter designs and materials for protective 
    covering or construction; and
        (3) developing equipment or facilities and effecting the 
    standardization thereof to meet emergency preparedness requirements.

(f) Training programs

    (1) The Director may--
        (A) conduct or arrange, by contract or otherwise, 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 Regulations, and per 
    diem allowances, in lieu of subsistence for trainees in attendance 
    or the furnishing of subsistence and quarters for trainees and 
    instructors on terms prescribed by the Director; and
        (C) provide instructors and training aids as necessary.

    (2) The terms prescribed by the Director 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 expenses.
    (3) The Director 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 preparedness information

    The Director may publicly disseminate appropriate emergency 
preparedness information by all appropriate means.

(h) Interstate emergency preparedness compacts

    (1) The Director may--
        (A) assist and encourage the States to negotiate and enter into 
    interstate emergency preparedness compacts;
        (B) review the terms and conditions of such proposed compacts in 
    order to assist, to the extent feasible, in obtaining uniformity 
    between such compacts and consistency with Federal emergency 
    response plans and programs;
        (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 mutual aid for emergency preparedness purposes in the 
    event of a hazard which cannot be adequately met or controlled by a 
    State or political subdivision thereof threatened with or 
    experiencing a hazard.

    (2) A copy of each interstate emergency preparedness compact shall 
be transmitted promptly to the Senate and the House of Representatives. 
The consent of Congress is deemed to be granted to each such compact 
upon the expiration of the 60-day period beginning on the date on which 
the compact is transmitted to Congress.
    (3) Nothing in this subsection shall be construed as preventing 
Congress from disapproving, or withdrawing at any time its consent to, 
any interstate emergency preparedness compact.

(i) Materials and facilities

    (1) The Director may procure by condemnation or otherwise, 
construct, lease, transport, store, maintain, renovate or distribute 
materials and facilities for emergency preparedness, with the right to 
take immediate possession thereof.
    (2) Facilities acquired by purchase, donation, or other means of 
transfer may be occupied, used, and improved for the purposes of this 
subchapter before the approval of title by the Attorney General as 
required by section 255 of title 40.
    (3) The Director may lease real property required for the purpose of 
carrying out the provisions of this subsection, but shall not acquire 
fee title to property unless specifically authorized by law.
    (4) The Director may procure and maintain under this subsection 
radiological, chemical, bacteriological, and biological agent monitoring 
and decontamination devices and distribute such devices by loan or grant 
to the States for emergency preparedness purposes, under such terms and 
conditions as the Director shall prescribe.

(j) Financial contributions

    (1) The Director may make financial contributions, on the basis of 
programs or projects approved by the Director, to the States for 
emergency preparedness purposes, including the procurement, 
construction, leasing, or renovating of materials and facilities. Such 
contributions shall be made on such terms or conditions as the Director 
shall prescribe, including the method of purchase, the quantity, 
quality, or specifications of the materials or facilities, and such 
other factors or care or treatment to assure the uniformity, 
availability, and good condition of such materials or facilities.
    (2) 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.
    (3) The amounts authorized to be contributed by the Director to each 
State for organizational equipment shall be equally matched by such 
State from any source it determines is consistent with its laws.
    (4) Financial contributions to the States for shelters and other 
protective facilities shall be determined by taking the amount of funds 
appropriated or available to the Director for such facilities in each 
fiscal year and apportioning such funds among the States in the ratio 
which the urban population of the critical target areas (as determined 
by the Director) in each State, at the time of the determination, bears 
to the total urban population of the critical target areas of all of the 
States.
    (5) The amounts authorized to be contributed by the Director to each 
State for such shelters and protective facilities shall be equally 
matched by such State from any source it determines is consistent with 
its laws and, if not matched within a reasonable time, the Director may 
reallocate such amounts to other States under the formula described in 
paragraph (4). 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.
    (6) The amounts paid to any State under this subsection shall be 
expended solely in carrying out the purposes set forth herein and in 
accordance with State emergency preparedness programs or projects 
approved by the Director. The Director shall make no contribution 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 judgment of the Director, 
be capable of producing 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 Director 
may make a contribution to any State toward that portion of the cost of 
the construction, reconstruction, or enlargement of any facility which 
the Director determines to be directly 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 Director necessary for the use of such facility for emergency 
preparedness purposes.
    (7) The Director shall submit to Congress a report, at least 
annually, regarding all contributions made pursuant to this subsection.
    (8) All laborers and mechanics employed by contractors or 
subcontractors in the performance of construction work financed with the 
assistance of any contribution of Federal funds made by the Director 
under this subsection 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 the Act of March 3, 1931 (commonly 
known as the Davis-Bacon Act (40 U.S.C. 276a-276a-5)), and every such 
employee shall receive compensation at a rate not 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 workday or 40 hours in the 
workweek, as the case may be. The Director shall make no contribution of 
Federal funds without first obtaining adequate assurance that these 
labor standards 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 276c 
of title 40.

(k) Sale or disposal of certain materials and facilities

    The Director may arrange for the sale or disposal of materials and 
facilities found by the Director to be unnecessary or unsuitable for 
emergency preparedness purposes in the same manner as provided for 
excess property under the Federal Property and Administrative Services 
Act of 1949 (40 U.S.C. 471 et seq.). Any funds received as proceeds from 
the sale or other disposition of such materials and facilities shall be 
deposited into the Treasury as miscellaneous receipts.

(Pub. L. 93-288, title VI, Sec. 611, as added Pub. L. 103-337, div. C, 
title XXXIV, Sec. 3411(a)(3), Oct. 5, 1994, 108 Stat. 3102; amended Pub. 
L. 104-66, title II, Sec. 2071, Dec. 21, 1995, 109 Stat. 729.)

                       References in Text

    Act of March 3, 1931 (commonly known as the Davis-Bacon Act), 
referred to in subsec. (j)(8), is act Mar. 3, 1931, ch. 411, 46 Stat. 
1494, as amended, which is classified generally to sections 276a to 
276a-5 of Title 40, Public Buildings, Property, and Works. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 276a of Title 40 and Tables.
    Reorganization Plan Numbered 14 of 1950, referred to in subsec. 
(j)(8), 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.
    The Federal Property and Administrative Services Act of 1949, 
referred to in subsec. (k), is act June 30, 1949, ch. 288, 63 Stat. 377, 
as amended. The excess property provisions of that Act are classified to 
chapter 10 (Sec. 471 et seq.) of Title 40, Public Buildings, Property, 
and Works. For complete classification of this Act to the Code, see 
Short Title note set out under section 471 of Title 40 and Tables.


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 2281 of Title 50, Appendix, War and National Defense, prior to 
repeal by Pub. L. 103-337, Sec. 3412(a).


                               Amendments

    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.''


Pilot Program To Study Design and Construction of Buildings To Minimize 
                      Effects of Nuclear Explosions

    Pub. L. 96-342, title VII, Sec. 704, Sept. 8, 1980, 94 Stat. 1090, 
provided that:
    ``(a) The Director of the Federal Emergency Management Agency shall 
establish a pilot program of designing and constructing buildings to 
enhance the ability of the buildings to withstand nuclear explosions and 
to minimize the damage to such buildings caused by a nuclear explosion. 
Such program shall include the designing and constructing of at least 
two building projects chosen by the Director so that the buildings in 
the projects will be able to better withstand nuclear explosions and so 
that any damage to the buildings in the project caused by a nuclear 
explosion will be minimized.
    ``(b) The Director of the Federal Emergency Management Agency shall 
submit a report to the Senate and the House of Representatives not later 
than April 1, 1981, on the establishment under subsection (a) of the 
pilot program.
    ``(c) Of the sums authorized to be appropriated under section 701 
[which authorized an appropriation of $120,000,000 for fiscal year 1981 
to carry out the Federal Civil Defense Act of 1950, 50 U.S.C. App. 2251-
2303], $400,000 shall be available to carry out the pilot program 
established pursuant to subsection (a).
    ``(d) This section shall take effect on October 1, 1980.''

                  Section Referred to in Other Sections

    This section is referred to in sections 5132, 5195a, 5195b of this 
title; title 50 sections 2314, 2317.
