
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: 42USC5197]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 68--DISASTER RELIEF
 
                 SUBCHAPTER IV-B--EMERGENCY PREPAREDNESS
 
                       Part B--General Provisions
 
Sec. 5197. Administrative authority


(a) In general

    For the purpose of carrying out the powers and duties assigned to 
the Director under this subchapter, the Director may exercise the 
administrative authorities provided under this section.

(b) Advisory personnel

    (1) The Director may employ not more than 100 part-time or temporary 
advisory personnel (including not to exceed 25 subjects of the United 
Kingdom or citizens of Canada) as the Director considers to be necessary 
in carrying 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 
personnel, shall receive no additional compensation for such service. 
Other part-time or temporary advisory personnel so employed may serve 
without compensation or may receive compensation at a rate not to exceed 
$180 for each day of service, plus authorized subsistence and travel, as 
determined by the Director.

(c) Services of other agency personnel and volunteers

    The Director may--
        (1) use the services of Federal agencies and, with the consent 
    of any State or local government, 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 Director may accept 
gifts of supplies, equipment, and facilities and may use or distribute 
such gifts for emergency preparedness purposes in accordance with the 
provisions of this subchapter.

(e) Reimbursement

    The Director may reimburse any Federal agency for any of its 
expenditures or for compensation of its personnel and use or consumption 
of its materials and facilities under this subchapter to the extent 
funds are available.

(f) Printing

    The Director may purchase such printing, binding, and blank-book 
work from public, commercial, or private printing establishments or 
binderies as the Director considers necessary upon orders placed by the 
Public Printer or upon waivers issued in accordance with section 504 of 
title 44.

(g) Rules and regulations

    The Director may prescribe such rules and regulations as may be 
necessary and proper to carry out any of the provisions of this 
subchapter and perform any of the powers and duties provided by this 
subchapter. The Director 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 Director may designate.

(h) Failure to expend contributions correctly

    (1) When, after reasonable notice and opportunity for hearing to the 
State or other person involved, the Director 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 Director 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 approved 
plan, program, or project with respect to which there is such failure to 
comply) until the Director is satisfied that there will no longer be any 
such failure.
    (2) Until so satisfied, the Director shall either withhold the 
payment of any financial contribution to such State or person or limit 
payments to those programs or projects with respect to which there is 
substantial compliance with the regulations, terms, and conditions 
governing plans, programs, or projects hereunder.
    (3) As used in this subsection, the term ``person'' 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 instrumentalities of States and political 
subdivisions.

(Pub. L. 93-288, title VI, Sec. 621, as added Pub. L. 103-337, div. C, 
title XXXIV, Sec. 3411(a)(3), Oct. 5, 1994, 108 Stat. 3107.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 2253 of Title 50, Appendix, War and National Defense, prior to 
repeal by Pub. L. 103-337, Sec. 3412(a).

                  Section Referred to in Other Sections

    This section is referred to in sections 5196b, 5197a of this title.
