United States Code (Last Updated: May 24, 2014) |
Title 42. THE PUBLIC HEALTH AND WELFARE |
Chapter 68. DISASTER RELIEF |
SubChapter IV–B. EMERGENCY PREPAREDNESS |
Part A. Powers and Duties |
§ 5196b. Contributions for personnel and administrative expenses
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(a) General authority To further assist in carrying out the purposes of this subchapter, the Administrator may make financial contributions to the States (including interstate emergency preparedness authorities established pursuant to section 5196(h) of this title) for necessary and essential State and local emergency preparedness personnel and administrative expenses, on the basis of approved plans (which shall be consistent with the Federal emergency response plans for emergency preparedness) for the emergency preparedness of the States. The financial contributions to the States under this section may not exceed one-half of the total cost of such necessary and essential State and local emergency preparedness personnel and administrative expenses.
(b) Plan requirements A plan submitted under this section shall— (1) provide, pursuant to State law, that the plan shall be in effect in all political subdivisions of the State and be mandatory on them and be administered or supervised by a single State agency; (2) provide that the State shall share the financial assistance with that provided by the Federal Government under this section from any source determined by it to be consistent with State law; (3) provide for the development of State and local emergency preparedness operational plans, including a catastrophic incident annex, pursuant to standards approved by the Administrator; (4) provide for the employment of a full-time emergency preparedness director, or deputy director, by the State; (5) provide that the State shall make such reports in such form and content as the Administrator may require; (6) make available to duly authorized representatives of the Administrator and the Comptroller General, books, records, and papers necessary to conduct audits for the purposes of this section; and (7) include a plan for providing information to the public in a coordinated manner. (c) Catastrophic incident annex (1) Consistency A catastrophic incident annex submitted under subsection (b)(3) shall be— (A) modeled after the catastrophic incident annex of the National Response Plan; and (B) consistent with the national preparedness goal established under section 743 of title 6, the National Incident Management System, the National Response Plan, and other related plans and strategies. (2) Consultation In developing a catastrophic incident annex submitted under subsection (b)(3), a State shall consult with and seek appropriate comments from local governments, emergency response providers, locally governed multijurisdictional councils of government, and regional planning commissions.
(d) Terms and conditions The Administrator shall establish such other terms and conditions as the Administrator considers necessary and proper to carry out this section.
(e) Application of other provisions In carrying out this section, the provisions of section Submission of plan
If a State fails to submit a plan for approval as required by this section within 60 days after the Administrator notifies the States of the allocations under this section, the Administrator may reallocate such funds, or portions thereof, among the other States in such amounts as, in the judgment of the Administrator, will best assure the adequate development of the emergency preparedness capability of the United States.
(h) 2 Annual reports The Administrator shall report annually to the Congress all contributions made pursuant to this section.
Codification
Section 631(2) of Pub. L. 109–295, which directed amendment of this section “by redesignating subsections (c) through (g) and subsections (d) through (h), respectively”, was executed by redesignating subsecs. (c) to (g) as (d) to (h), respectively, to reflect the probable intent of Congress.
Prior Provisions
Provisions similar to those in this section were contained in section 2286 of Title 50, Appendix, 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.
2006—Subsec. (b)(3). Pub. L. 109–295, § 631(1), inserted “including a catastrophic incident annex,” after “plans,”.
Subsecs. (c) to (f). Pub. L. 109–295, § 631(2), (3), added subsec. (c) and redesignated former subsecs. (c) to (e) as (d) to (f), respectively. Former subsec. (f) redesignated (g). See Codification note above.
Subsec. (g). Pub. L. 109–308, § 2(2), added subsec. (g). Former subsec. (g) relating to submission of plan redesignated (h).
Pub. L. 109–295, § 631(2), redesignated subsec. (f) as (g). Former subsec. (g) relating to annual reports redesignated (h). See Codification note above.
Subsec. (h). Pub. L. 109–308, § 2(1), redesignated subsec. (g) relating to submission of plan as (h).
Pub. L. 109–295, § 631(2), redesignated subsec. (g) relating to annual reports as (h). See Codification note above.
2002—Subsec. (b)(7). Pub. L. 107–188 added par. (7).
Transfer Of Functions
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency 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 liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of