6 U.S.C. § 314 | Authority and responsibilities

(a)

In general

The Administrator shall provide Federal leadership necessary to prepare for, protect against, respond to, recover from, or mitigate against a natural disaster, act of terrorism, or other man-made disaster, including—

(1)

helping to ensure the effectiveness of emergency response providers to terrorist attacks, major disasters, and other emergencies;

(2)

with respect to the Nuclear Incident Response Team (regardless of whether it is operating as an organizational unit of the Department pursuant to this subchapter)—

(A)

establishing standards and certifying when those standards have been met;

(B)

conducting joint and other exercises and training and evaluating performance; and

(C)

providing funds to the Department of Energy and the Environmental Protection Agency, as appropriate, for homeland security planning, exercises and training, and equipment;

(3)

providing the Federal Government’s response to terrorist attacks and major disasters, including—

(A)

managing such response;

(B)

directing the Domestic Emergency Support Team and (when operating as an organizational unit of the Department pursuant to this subchapter) the Nuclear Incident Response Team;

(C)

overseeing the Metropolitan Medical Response System; and

(D)

coordinating other Federal response resources, including requiring deployment of the Strategic National Stockpile, in the event of a terrorist attack or major disaster;

(4)

aiding the recovery from terrorist attacks and major disasters;

(5)

building a comprehensive national incident management system with Federal, State, and local government personnel, agencies, and authorities, to respond to such attacks and disasters;

(6)

consolidating existing Federal Government emergency response plans into a single, coordinated national response plan;

(7)

helping ensure the acquisition of operable and interoperable communications capabilities by Federal, State, local, and tribal governments and emergency response providers;

(8)

42 U.S.C. 5121 assisting the President in carrying out the functions under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( et seq.) and carrying out all functions and authorities given to the Administrator under that Act;

(9)

carrying out the mission of the Agency to reduce the loss of life and property and protect the Nation from all hazards by leading and supporting the Nation in a risk-based, comprehensive emergency management system of—

(A)

mitigation, by taking sustained actions to reduce or eliminate long-term risks to people and property from hazards and their effects;

(B)

preparedness, by planning, training, and building the emergency management profession to prepare effectively for, mitigate against, respond to, and recover from any hazard;

(C)

response, by conducting emergency operations to save lives and property through positioning emergency equipment, personnel, and supplies, through evacuating potential victims, through providing food, water, shelter, and medical care to those in need, and through restoring critical public services; and

(D)

recovery, by rebuilding communities so individuals, businesses, and governments can function on their own, return to normal life, and protect against future hazards;

(10)

increasing efficiencies, by coordinating efforts relating to preparedness, protection, response, recovery, and mitigation;

(11)

helping to ensure the effectiveness of emergency response providers in responding to a natural disaster, act of terrorism, or other man-made disaster;

(12)

supervising grant programs administered by the Agency;

(13)

administering and ensuring the implementation of the National Response Plan, including coordinating and ensuring the readiness of each emergency support function under the National Response Plan;

(14)

section 318 of this title coordinating with the National Advisory Council established under ;

(15)

preparing and implementing the plans and programs of the Federal Government for—

(A)

continuity of operations;

(B)

continuity of government; and

(C)

continuity of plans;

(16)

minimizing, to the extent practicable, overlapping planning and reporting requirements applicable to State, local, and tribal governments and the private sector;

(17)

maintaining and operating within the Agency the National Response Coordination Center or its successor;

(18)

developing a national emergency management system that is capable of preparing for, protecting against, responding to, recovering from, and mitigating against catastrophic incidents;

(19)

assisting the President in carrying out the functions under the national preparedness goal and the national preparedness system and carrying out all functions and authorities of the Administrator under the national preparedness System;

(20)

section 315 of this title carrying out all authorities of the Federal Emergency Management Agency and the Directorate of Preparedness of the Department as transferred under ; and

(21)

section 313(b) of this title otherwise carrying out the mission of the Agency as described in .

(b)

All-hazards approach

In carrying out the responsibilities under this section, the Administrator shall coordinate the implementation of a risk-based, all-hazards strategy that builds those common capabilities necessary to prepare for, protect against, respond to, recover from, or mitigate against natural disasters, acts of terrorism, and other man-made disasters, while also building the unique capabilities necessary to prepare for, protect against, respond to, recover from, or mitigate against the risks of specific types of incidents that pose the greatest risk to the Nation.

Pub. L. 107–296, title V, § 504Nov. 25, 2002116 Stat. 2212 Pub. L. 108–276, § 3(b)(1)July 21, 2004118 Stat. 852 Pub. L. 108–458, title VII, § 7303(h)(1)Dec. 17, 2004118 Stat. 3846 Pub. L. 109–295, title VI, § 611(8)Oct. 4, 2006120 Stat. 1395 Pub. L. 109–417, title III, § 301(c)(1)Dec. 19, 2006120 Stat. 2854(, formerly § 502, , ; , , ; , , ; renumbered § 504 and amended , (12), , , 1398; , , .)

Editorial Notes

References in Text

Pub. L. 93–288May 22, 197488 Stat. 143 section 5121 of Title 42The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (a)(8), is , , , which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Codification

section 312 of this title Pub. L. 109–295Section was formerly classified to prior to renumbering by .

Prior Provisions

section 504 of Pub. L. 107–296 section 321f of this titleA prior was renumbered section 517 and is classified to .

Amendments

Pub. L. 109–295, § 611(12)(A)2006—, (B), inserted “Authority and” before “responsibilities” in section catchline, designated existing provisions as subsec. (a), inserted subsec. heading, and substituted “The Administrator shall provide Federal leadership necessary to prepare for, protect against, respond to, recover from, or mitigate against a natural disaster, act of terrorism, or other man-made disaster, including—” for “The Secretary, acting through the Under Secretary for Emergency Preparedness and Response, shall include—” in introductory provisions.

Pub. L. 109–417 section 502(3)(B) of Pub. L. 107–296 Pub. L. 109–295, § 611(8)Subsec. (a)(3)(B). , which directed that be amended by striking “, the National Disaster Medical System,”, was executed by striking those words after “Domestic Emergency Support Team” in subsec. (a)(3)(B) of this section, to reflect the probable intent of Congress and the redesignation of section 502(3)(B) as 504(a)(3)(B) by , (12)(B). See credits and Amendment note above.

Pub. L. 109–295, § 611(12)(C)Subsec. (a)(7) to (21). , (D), added pars. (7) to (21) and struck out former par. (7) which read as follows: “helping to ensure that emergency response providers acquire interoperable communications technology.”

Pub. L. 109–295, § 611(12)(D)Subsec. (b). , added subsec. (b).

Pub. L. 108–276, § 3(b)(1)(A)2004—Par. (3)(B). , struck out “the Strategic National Stockpile,” after “Domestic Emergency Support Team,”.

Pub. L. 108–276, § 3(b)(1)(B)Par. (3)(D). , inserted “, including requiring deployment of the Strategic National Stockpile,” after “resources”.

Pub. L. 108–458Par. (7). struck out “developing comprehensive programs for developing interoperative communications technology, and” before “helping” and substituted “acquire interoperable communications technology” for “acquire such technology”.

Statutory Notes and Related Subsidiaries

Effective Date of 2006 Amendment

Pub. L. 109–417, title III, § 301(f)Dec. 19, 2006120 Stat. 2855

section 313 of this title section 300hh–11 of Title 42January 1, 2007“The amendments made by subsections (b) and (c) [amending this section and former and enacting provisions set out as a note under , The Public Health and Welfare] shall take effect on .”

, , , provided that:

section 611(12) of Pub. L. 109–295Mar. 31, 2007section 614(b)(2) of Pub. L. 109–295 section 701 of this titleAmendment by effective , see , set out as an Effective Date note under .

Executive Documents

Ex. Ord. No. 13347. Individuals With Disabilities in Emergency Preparedness

July 22, 2004Ex. Ord. No. 13347, , 69 F.R. 44573, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, and to strengthen emergency preparedness with respect to individuals with disabilities, it is hereby ordered as follows:

SectionPolicy 1. . To ensure that the Federal Government appropriately supports safety and security for individuals with disabilities in situations involving disasters, including earthquakes, tornadoes, fires, floods, hurricanes, and acts of terrorism, it shall be the policy of the United States that executive departments and agencies of the Federal Government (agencies):

(a) consider, in their emergency preparedness planning, the unique needs of agency employees with disabilities and individuals with disabilities whom the agency serves;

(b) encourage, including through the provision of technical assistance, as appropriate, consideration of the unique needs of employees and individuals with disabilities served by State, local, and tribal governments and private organizations and individuals in emergency preparedness planning; and

(c) facilitate cooperation among Federal, State, local, and tribal governments and private organizations and individuals in the implementation of emergency preparedness plans as they relate to individuals with disabilities.

SecEstablishment of Council. 2. . (a) There is hereby established, within the Department of Homeland Security for administrative purposes, the Interagency Coordinating Council on Emergency Preparedness and Individuals with Disabilities (the “Council”). The Council shall consist exclusively of the following members or their designees:

(i) the heads of executive departments, the Administrator of the Environmental Protection Agency, the Administrator of General Services, the Director of the Office of Personnel Management, and the Commissioner of Social Security; and

(ii) any other agency head as the Secretary of Homeland Security may, with the concurrence of the agency head, designate.

(b) The Secretary of Homeland Security shall chair the Council, convene and preside at its meetings, determine its agenda, direct its work, and, as appropriate to particular subject matters, establish and direct subgroups of the Council, which shall consist exclusively of Council members.

(c) A member of the Council may designate, to perform the Council functions of the member, an employee of the member’s department or agency who is either an officer of the United States appointed by the President, or a full-time employee serving in a position with pay equal to or greater than the minimum rate payable for GS–15 of the General Schedule.

SecFunctions of Council. 3. . (a) The Council shall:

(i) coordinate implementation by agencies of the policy set forth in section 1 of this order;

(ii) whenever the Council obtains in the performance of its functions information or advice from any individual who is not a full-time or permanent part-time Federal employee, obtain such information and advice only in a manner that seeks individual advice and does not involve collective judgment or consensus advice or deliberation; and

(iii) at the request of any agency head (or the agency head’s designee under section 2(c) of this order) who is a member of the Council, unless the Secretary of Homeland Security declines the request, promptly review and provide advice, for the purpose of furthering the policy set forth in section 1, on a proposed action by that agency.

(b) The Council shall submit to the President each year beginning 1 year after the date of this order, through the Assistant to the President for Homeland Security, a report that describes:

(i) the achievements of the Council in implementing the policy set forth in section 1;

(ii) the best practices among Federal, State, local, and tribal governments and private organizations and individuals for emergency preparedness planning with respect to individuals with disabilities; and

(iii) recommendations of the Council for advancing the policy set forth in section 1.

SecGeneral. 4. . (a) To the extent permitted by law:

(i) agencies shall assist and provide information to the Council for the performance of its functions under this order; and

(ii) the Department of Homeland Security shall provide funding and administrative support for the Council.

(b) Nothing in this order shall be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals.

(c) This order is intended only to improve the internal management of the executive branch and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, instrumentalities, or entities, its officers or employees, or any other person.

George W. Bush.