Role of FEMA Adminisrator


Reviewing for the moment authority directly vested in the FEMA Administrator and wondering what testimony would be given before any Congressional Committee on compliance with its mandates or direction? See Below:

42 U.S.C.A. § 5196

 
United States Code Annotated Currentness

 

Title 42. The Public Health and Welfare

Chapter 68. Disaster Relief (Refs & Annos)

Subchapter IV-B. Emergency Preparedness

Part A. Powers and Duties

§ 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;

(3) developing equipment or facilities and effecting the standardization thereof to meet emergency preparedness requirements; and

(4) plans that take into account the needs of individuals with pets and service animals prior to, during, and following a major disaster or emergency.”; and


(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) Emergency preparedness compacts

 
(1) The Director shall establish a program supporting the development of emergency preparedness compacts for acts of terrorism, disasters, and emergencies throughout the Nation, by–

 

(A) identifying and cataloging existing emergency preparedness compacts for acts of terrorism, disasters, and emergencies at the State and local levels of government;

(B) disseminating to State and local governments examples of best practices in the development of emergency preparedness compacts and models of existing emergency preparedness compacts, including agreements involving interstate jurisdictions; and

(C) completing an inventory of Federal response capabilities for acts of terrorism, disasters, and emergencies, making such inventory available to appropriate Federal, State, and local government officials, and ensuring that such inventory is as current and accurate as practicable.


(2) 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.


(3) 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.

 
(4) 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 sections 3111 and 3112 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) The Director may make financial contributions, on the basis of programs or projects approved by the Director, to the States and local authorities for animal emergency preparedness purposes, including the procurement, construction, leasing, or renovating of emergency shelter facilities and materials that will accommodate people with pets and service animals.

 
(3) 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.

 
(4) 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.

 
(5) 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.

 
(6) 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.

 
(7) 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.

 
(8) The Director shall submit to Congress a report, at least annually, regarding all contributions made pursuant to this subsection.

 
(9) 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 sections 3141 to 3144, 3146, 3147 of Title 40, 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 3145 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. 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.

 
CREDIT(S)

 
(Pub.L. 93-288, Title VI, § 611, as added Pub.L. 103-337, Div. C, Title XXXIV, § 3411(a)(3), Oct. 5, 1994, 108 Stat. 3102, and amended Pub.L. 104- 66, Title II, § 2071, Dec. 21, 1995, 109 Stat. 729; Pub.L. 108-458, Title VII, § 7406, Dec. 17, 2004, 118 Stat. 3851; Pub.L. 109-308, § 3, Oct. 6, 2006, 120 Stat. 1725.)

 
HISTORICAL AND STATUTORY NOTES

 
Revision Notes and Legislative Reports

 
1994 Acts. House Report No. 103-499 and House Conference Report No. 103- 701, see 1994 U.S. Code Cong. and Adm. News, p. 2091.

 
1995 Acts. House Report No. 104-327, see 1995 U.S. Code Cong. and Adm. News, p. 674.

 
2004 Acts. House Conference Report No. 108-796, see 2004 U.S. Code Cong. and Adm. News, p. 3178.

 
Statement by President, see 2004 U.S. Code Cong. and Adm. News, p. S51.

 
References in Text

 
Reorganization Plan Numbered 14 of 1950, referred to in subsec. (j)(8), is set out in Appendix 1 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, c. 288, 63 Stat. 377, as amended, Title III of which is currently classified to subchapter IV of chapter 4 of Title 41, 41 U.S.C.A. § 251 et seq., and the remainder of which was formerly classified to chapter 10 of former Title 40, 40 U.S.C.A. § 471 et seq., prior to being repealed by Pub.L. 107-217, § 6(b), Aug. 21, 2002, 116 Stat. 1313; see now generally chapter 1 of Title 40, 40 U.S.C.A. § 101 et seq.

 
Codifications

 
In subsec. (i)(2), “sections 3111 and 3112 of Title 40” substituted for “section 255 of Title 40”, which originally read “section 355 of the Revised Statutes (40 U.S.C. 255)“, on authority of Pub.L. 107-217, § 5(c), Aug. 21, 2002, 116 Stat. 1301, which is set out as a note preceding 40 U.S.C.A. § 101. Pub.L. 107-217, § 1, enacted Title 40 into positive law. Section 355 of the Revised Statutes was classified to former 40 U.S.C.A. § 255 and its provisions were carried forward into revised Title 40 at 40 U.S.C.A. §§ 3111, 3112.

 
In subsec. (j)(8), “sections 3141 to 3144, 3146, 3147 of Title 40” substituted for “the Act of March 3, 1931 (commonly known as the Davis-Bacon Act (40 U.S.C. 276a to 276a-5)” on authority of Pub.L. 107-217, § 5(c), Aug. 21, 2002, 116 Stat. 1301, which is set out as a note preceding 40 U.S.C.A. § 101. Pub.L. 107-217, § 1, enacted Title 40 into positive law. The Davis-Bacon Act is Act Mar. 3, 1931, c. 411, 46 Stat. 1494, which was classified to former 40 U.S.C.A. §§ 276a, 276a-1 to 276a-6, prior to being repealed by Pub.L. 107-217, § 6(b), Aug. 21, 2002, 116 Stat. 1308, and its substance reenacted as 40 U.S.C.A. §§ 3141 to 3144, 3146, 3147.

 
In subsec. (j)(8), “section 3145 of Title 40” substituted for “section 276c of Title 40”, which originally read “section 2 of the Act of June 1, 1934, as amended (40 U.S.C. 276c)“, on authority of Pub.L. 107-217, § 5(c), Aug. 21, 2002, 116 Stat. 1301, which is set out as a note preceding 40 U.S.C.A. § 101. Pub.L. 107-217, § 1, enacted Title 40 into positive law. Act June 13, 1934, c. 482, 48 Stat. 948, was classified to former 40 U.S.C.A. § 276c prior to being repealed by Pub.L. 107-217, § 6(b), Aug. 21, 2002, 116 Stat. 1309, and its substance reenacted as 40 U.S.C.A. § 3145.

 
Amendments

 
2006 Amendments. Subsec. (e)(2). Pub.L. 109-308, § 3(1)(A), struck out “and” at the end.

 
Subsec. (e)(3). Pub.L. 109-308, § 3(1)(B), struck out the period and inserted “; and”.

 
Subsec. (e)(4). Pub.L. 109-308, 3(1)(C), added par. (4).

 
Subsecs. (j)(2) to (9). Pub.L. 109-308, § 3(2)(A),(B), redesignated former pars. (2) through (8) as pars. (3) through (9), and added a new par. (2)

 
2004 Amendments. Subsec. (h). Pub.L. 108-458, § 7406(3), rewrote the subsection heading, which formerly read: “(h) Interstate emergency preparedness compacts“.

 
Subsec. (h)(1). Pub.L. 108-458, § 7406(1), (3), redesignated former par. (1) as par. (2) and inserted a new par. (1), respectively.

 
Subsec. (h)(2). Pub.L. 108-458, § 7406(1), (2), redesignated former par. (1) as par. (2), and made a technical amendment requiring no further change in text. Former par. (2) was redesignated par. (3).

 
Subsec. (h)(3). Pub.L. 108-458, § 7406(1), redesignated former par. (2) as par. (3). Former par. (3) was redesignated par. (4).

 
Subsec. (h)(4). Pub.L. 108-458, § 7406(1), redesignated former par. (3) as par. (4).

 
1995 Amendments. Subsec. (i)(3) to (5). Pub.L. 104-66, § 2071, redesignated pars. (4) and (5) as pars. (3) and (4), respectively, and struck out former par. (3), which related to reports of property acquisitions.

 
Transfer of Functions

 
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 6 U.S.C.A. §§ 313(1), 551(d), 552(d), and 557, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under 6 U.S.C.A. § 542.

 
 

 

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