Nuclear Proliferation

Many may wonder at my interest in radiological preparedness and response issues. Well fate intervened. I commanded a nuclear warhead unit in FRG (SASCOM) and inspected nuclear capable units in southern FRG during the years 1968-1970! I was also a trained and assigned NAICO (Nuclear Accident and Control Officer) during that time frame. My unit was inspected not just by EUCOM but also by traveling members of the former Atomic Energy Commission AEC)which was created to control both weapons production, surety and nuclear power for the United States. I had a childhood friend whose father was the General Counsel of the AEC and later a Commissioner. That friend I will see this weekend at my 50th high school reunion. I also became the lead lawyer for FEMA for the Shoreham Nuclear Power Station administrative litigation in September 1986. Again later I was a key fact witness even though a lawyer for FEMA at the license hearings for Seabrook Nuclear Power Station.
The nuclear priesthood that led the United States into the Atomic Age was headed by Dr. Robert Oppenheimer and many fine biographies of that brilliant and interesting man are in existence. The reduction in his access to classified programs by Lewis Strauss of the AEC through administrative hearings is the stuff of legend. The reform of that process and Executive Order 10450 awaits a President that has better understanding of the issues and policies of the nuclear age than any we have had since Eisenhower.
It should be noted that the most fundamental misunderstanding is of the role of the United States in nuclear proliferation. The people of the United States have never had it made clear to them that while nuclear reactors are NOT bombs and controlled chain reactions are possible, they actually are a stepping stone to knowledge and technical capability that can lead to bomb making. In addition as nuclear power, a necessary ingredient for world energy demand to be met, expands from nation to nation it becomes harder to control production of materials from those reactors that are useful to the bomb makers. The various UN conventions have not acted as successful control and surety vehicles although the IAEA (International Atomic Energy Agency) a UN organization has done some good work. If the reader of this blog is serious in trying to understand this complicated history, and has read biographies of OPPENHEIMER and the excellent books out on the making of both the atomic bomb and later nuclear weapons then I have a further unclassified gem to recommend. I also strongly recommend that Professor Paul Bracken's book "Command and Control" Yale University Press 1982 or 1983 be read as far as the limitations on delegation of strike authority to armed forces wherever they may be. Professor Bracken's 1989 book "Fire In The East" provides the background and rationale for the drive to obtain weapons for countries such as Iran. The "theft" of special nuclear materials by the Isralies from the United States is another story.

But as to the nitty gritty of nuclear development and policy my friend Professor Richard Sylves in a book dedicated to his father entitled "The Nuclear Oracles" and published by Iowa State University Press in 1987 provides a detailed blueprint for those interested in this history which sooner or later will control the fate of mankind IMO. Readers of other blogs know that I believe WMD issues and policies should be at the top of the priority list for the Department of Homeland Security. Unfortunately, their leadership has not made that topic their biggest priority.
The "Nuclear Oracles" is nothing less than a detailed political history of the General Advisory Committee of the AEC, led largely by Dr. Oppenheimer, and covers the years 1947 to 1977. Under a Presidential Reorganization the former AEC became part of the Department of Energy and the Nuclear Regulatory Commission. This book should be mandatory reading for all the newest members of the nuclear priesthood and is available from Dr. Sylves. Again it must be understood that atomic and nuclear weapon proliferation in the world has been largely assisted by US policies and programs. This proliferation has occurred in all administrations since that of Dwight D. Eisenhower. It has the elements of the greatest tragedy of all time. And the "Shining City on a Hill" is largely responsible.

Take on Current Events

OKAY a reason for no new posts. Had visiting relatives and away in DC so here goes with DC scuttlebutt. Obtained largely through open MSM. Will be trying to do this at least once a month.
First, hold placed on replenishment of PDRF (President's Disaster Relief Fund) in the Senate. Hey it is still over two weeks until Hurricane Season opens. Also NFIP extension is still a no-show and current expiration is end of May. Congress wants some substantive changes but looks like some amendments may get through. Including a very very significant one that would knock out flood insurance for vacation and other second homes. Note however that second home determinations are complicated just ask IRS which has even let rentals of homes in the Hampton's escape from income taxes. Hey Wall Street is the underground economy just ask IRS. I worked on a taxation of derivative task force in spring 1974 before going to HUD and lawyering FDAA and FIA and OIG for 5 years. IRS still does not correctly come close to taxing derivatives or hedge funds. Believe me. Beyond their ken since they hire lawyers and accountants like the SEC but really need finance types.

Second: The oil spill! While it occurred on April 20th and so far still spilling with no downturn in amounts due to human efforts. What do we know? We know that the Norwegian Government has announced that the technology employed was inherently dangerous and never would have been authorized by that government. Also again the witch (which?) hunters have determined that federal government reorganization is the ticket for preventing future oil spills, specifically the Minerals Management Service (MMS)in the Department of the Interior. Also NOAA has been censored by the White House from providing accurate information on the spill. What does all this mean. Nothing good before the 4th of July and by that time all in the world will know that the US gummit with its resources was like the aging fire battalion chief at a 4-box alarm fire and going catatonic with frustration and rage at events. You can believe that the electorate on the gulf coast will be in the mood for revenge when voting this fall when they realize faced with choice of evacuation/migration or starvation and further economic decline. Events that bring large-scale decontamination can be no-notice like this one but still the bankruptcy of federal environmental and ecological policy will be stunning as revealed by this event.

Haiti! Well the US has largely pulled out pretending that the Haitian government is operational. It is not and never was but it does provide cover for the pretensions of the US but not for long. By labor day the ripoffs by the government will have been documented. Tents donated are now seized by government and sold to the people. NO absolutely NO disease surveillance and US efforts through CDC are preventing outsiders and NGO's from conducting such surveillance. Watch disease and death of the two million Haitians now in camps (tent cities) is painful now and will be worse by July 4th.

Note that DHS budget for next year is being totally rearranged by Congressional appropriations committee and the proposed 10% cut in Coasties budget is primary driver for showing that Obama Adminstration just does not get Homeland Security. Expecting departure to Court of Appeals of Janet N. after fall elections. Hey Chertoff was on US Court of Appeals for District of Columbia so should be fair exchange. DHS should NOT, repeat should not, be run by a lawyer unless very very broad gage with extensive administrative experience.

Okay all for now and some technical posts later before going this weekend to my 50th High School reunion. SFS 60!

SONS and ITS Implications!

There is one very specific reason that the federal response to the Horizon Oil Spill has been delayed and difficult to understand. The NCP (National Contingency Plan for Oil
Spills and Hazardous Materials Releases) published at 40 CFR Part 300 is in effect but last updated in 1994 when a statutory mandate to do so came from the Oil Pollution Act of 1990. Obviously the existence of various planning and preparedness documents have since been published and the DHS created. None of this is currently reflected. DHS Secretary says she declared the SONS (spill of national significance) and is running the show under HSPD-5! But hey EPA and Coast Guard are Co-chairs of the NCP and really the key players.

Also the following key positon in EPA is vacant. Draw your own conclusions from the postions description. My deceased friend and former EPA head of Emergency Response is long gone. He died one month after retiring from EPA. He once worked for FEMA. He went to EPA in 1982 or 1983 with a flock of other talented FEMA officials.

Here is the PD--CAN YOU QUALIFY ?(if so you are badly needed)!

The PD for HEAD OF EA's Office of Emergency Response will be posted shortly.

1st Amendment to the US Constitution--Freedom to Assemble

The first Amendment to the US Constitution guarantees to the people of the United States among other freedoms the freedom to assemble. 40 years ago tomorrow the event known forever as the KENT STATE UNIVERSITY SHOOTINGS occurred.
It is interesting that the military's involvement in Riots and Civil Disorders is so understudied and painfully ignored by many in leadership roles in command in the United States military and Executive Branch civil agencies. One of the first major opinions written to then Director of FEMA, Louis O. Guiffrida was on August 19th, 1981 when the General Counsel opined that the Disaster Relief Act of 1974, Public Law 93-288 could not be utilized by the President for riot and civil disorders. This conclusion whether correct legally or not respected the undiscussed federal policy over several administrations that declaring disasters for riots and civil disorders would only encourgage more rioting and civil disorder. Whatever the correctness of that policy decision, in the Los Angeles Riots of 1992 at the end of the George H.W. Bush Administration that event was a declared Presidential disaster, but for fires not for rioting or civil disorder. The federalization of the California National Guard was almost immediately viewed as a mistake for many reasons, not the least that DOD then had to pay for those troops not FEMA.
Oddly, the National Guard troops at Kent State to my knowledge were not federalized by the President under Title 10 but were still technically under the command of the Governor. No MSM mentioned this fact and President Nixon was blamed for the shootings. If I remember correctly there are at least 5 books in print discussing the events surrounding the Kent State shooting but have not read them and not sure if any in print. Perhaps the OFFICE of the HISTORIAN at Kent State has them.
Military support for Civil Disorders was first correctly analyzed by a brilliant lawyer at the Department of Justice now long deceased Mary Lawton in a monograph that when distribute at various DOD training establishments made all those with open minds understand that DOD had incorrectly analyzed the law in such situations since its inception. My efforts to get that monograph updated fell on deaf ears in the higher circles of the Department of Justice. It still requires updating and all DOD related documents and plans should be specifically reviewed not just by JAG lawyers but also the Department of Justice.

Post Script: The May 4th, 2010 Washington Times is reporting from James Rosenthal a NY Times reporter of great skill and competence that FBI files show that the rioters shot first at the NG forces. This is new information. But if true, it raises the distinct possibility that the NIXON Administration did not pursue the instigators because the riot helped cover the fact that the President and Henry Kissinger under the rules of International Law in effect at the time were in fact "War Criminals" for invading and bombing Cambodia without any formal declaration of war or authority under which they were acting. I will be interested to see how other academics and researchers react to this new information. And yes would be interesting to know exactly how far the FBI pursued this lead.

PKEMA of 2006

I have been having an ongoing debate with friends in high places and low places as to whether PKEMA actually granted much brand NEW legal authority to FEMA when enacted. So I thought I would have some fun. PKEMA of 2006 of course was not an entirely independent statute but buried in Title VI-NATIONAL EMERGENCY MANAGEMENT of Public Law 109-295, enacted October 4, 2006. So I thought I would review what FEMA itself thought of the new statutory scheme an now provide what was a September 26, 2006 predecisional document discussing PKEMA of 2006. I will let the readers of this blog decide on their own but my informal estimate is that almost 75% of the statutory mandates, which in fact often just require FEMA to exericise what it had discretion to do all along, and almost always issue a report or something similiar, have NOT been met and in many cases no evidence exists of their even being started. Somewhate shocking is both the DHS/OIG and GAO have tentatively reviewed portions of this statute and made recommendations and suggestions but have not actually stated that NO PROGRESS was found on these mandates and listed those they believe no progress made. Some are obvious and probably will blog about them at some time. Let's take an example of the three dedicated National Strike TEAMS trained and ready for all hazards. Well hoping they have oil spill expertise.

Anyhow for what it is worth this is how FEMA itself described the new statute:

POST-KATRINA EMERGENCY MANAGEMENT REFORM ACT OF 2006
SECTIONAL SUMMARY

TITLE VI—National Emergency Management

Sec. 601. Short Title. This Act may be cited as the “Post-Katrina Emergency Management Reform Act of 2006”.

Sec. 602. Definitions. Creates new definitions for “appropriate committees of Congress”, “catastrophic incident”, “emergency management”, “emergency response provider”, “National Incident Management System”, “National Response Plan” and “surge capacity”. “Emergency,” “major disaster” and “Federal Coordinating Officer” have the same meanings that they do under the Stafford Act.

Subtitle A —Federal Emergency Management Agency.

Section 611. Amends Title V of the Homeland Security Act. The following section references refer to that Act.

Sec. 501. Definitions. Defines “Administrator” as the Administrator of FEMA. Creates new definitions for “catastrophic incident”, “emergency communications capabilities”, “interoperable”, “National Incident Management System”, “National Response Plan” and “surge capacity.”

Sec. 503. Federal Emergency Management Agency. Re-designated section 503 “creates” the Federal Emergency Management Agency and adds new mission and responsibilities to the Administrator of FEMA. The Administrator’s mission is 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 preparedness, protection, response, recovery, and mitigation. The Administrator is responsible for preparing for, protecting against, responding to, recovering from and mitigating against the risk of a natural disaster, act of terrorism, or other man-made disaster. The Administrator shall partner with State, local governments and other emergency providers to build a national system of emergency management. The Administrator shall integrate the Agency’s emergency preparedness, protection, response, recovery, and mitigation responsibilities to confront the challenges of a natural disaster, act of terrorism or other man made disaster. Finally, the Administrator shall coordinate the implementation of risk-based, all-hazards strategy.

Section 503(c) states that the Administrator shall be appointed by the President and confirmed by the Senate and shall be an individual with a demonstrated ability in and knowledge of emergency management and homeland security, and at least 5 years of executive leadership and management experience. The Administrator shall report directly to the Secretary. The Administrator is the principal advisor to the President, Homeland Security Council, and the Secretary for all matters relating to emergency management in the United States. Advice can be provided on request to any of these entities. After informing the Secretary, the Administrator can make recommendations to Congress relating to emergency management. The President may designate the Administrator to serve as a member of the Cabinet in the event of natural disasters, acts of terrorism, or other man-made disasters. Nothing in the above is to be construed as affecting the authority of the Secretary under the Homeland Security Act.

More responsibilities are added to the Administrator’s duties in section 504. The Administrator shall assist the President in carrying out functions of the Stafford Act, and carry out the mission to protect the Nation from all hazards by leading and supporting a risk-based, comprehensive emergency management system. The Administrator would also be responsible for supervising FEMA’s grant programs and administering the National Response Plan. The Administrator would also assist the President in carrying out the functions of the national preparedness goal and the national preparedness system.

Sec. 505. Functions Transferred. New section 505 transfers all of the functions, assets and personnel of FEMA and most of the Directorate of Preparedness (as both were constituted on June 1, 2006) to the “new” FEMA. The following functions, personnel, assets and authorities in the Preparedness Directorate shall not be transferred: The Office of Infrastructure Protection, the National Communications System, the National Cybersecurity Division, and the Office of the Chief Medical Officer.

Sec. 506. Preserving the Federal Emergency Management Agency. New section 506(a) mandates that the new agency shall be maintained as a distinct entity within the Department, and new section 506(b) states that section 872 of the Homeland Security Act shall not apply to the new agency including any function or organizational unit of the entity. Section 506(c) further limits the Secretary’s authority to change the responsibilities or functions of the new agency prohibiting the diversion of any asset, function, or mission to any other entity of the Department. Section 506(d) limits the Secretary’s authority to reprogram or transfer funds.

Sec. 507. Regional Offices. New section 507 establishes 10 Regional Offices within FEMA as identified by the Administrator. Each Regional Office shall be headed by a Regional Administrator, appointed by the Administrator, in consultation with State and local governments in the region. The Regional Administrators report directly to the Administrator and are to be SESs. Each Regional Administrator should have demonstrated ability in and knowledge of emergency management and homeland security, and the Administrator must consider the familiarity of each with the geographical area to which they are assigned.

Section 507(c) outlines the responsibilities of the Regional Administrators. They include ensuring effective and coordinated regional preparedness, response, recovery and mitigation activities for natural disasters and acts of terrorism. They are also responsible for coordinating the establishment of effective regional operable and interoperable emergency communications capabilities, staffing and overseeing 1 or more strike teams, and assisting in the development of regional capabilities needed for a national catastrophic response system. Each Regional Administrator is also required to undergo training, and participate in regional and national exercises.

Section 507(d) creates Area Offices for the Pacific, for the Caribbean, and requires the establishment of an Area Office in Alaska. All three are to be created as components in the appropriate Regional Office.

Section 507(e) creates a Regional Advisory Council, who shall advise the Regional Administrators on emergency management issues specific to their region and on unique characteristics of the region. A State, local, or tribal government may nominate official to serve as members of the Regional Advisory Council.

Section 507(f) provides each Regional Administrator authority over multi-agency Regional Office Strike Teams. Each strike team shall consist of a designated Federal coordinating officer, a defense coordinating officer, liaisons to other Federal agencies, individuals from agencies with primary responsibility for the functions of the National Response Plan, personnel trained in incident management, and others deemed appropriate. The members of the strike teams shall be based primarily in the region to which they are assigned. Each strike team shall be trained as a unit on a regular basis for preparedness. If the Administrator determines that the statutory authority under this subsection is inadequate for the preparedness and deployment of these strike teams, he shall submit a report to Congress regarding what authorities are needed.

Sec. 508. National Advisory Council. Within 60 days of enactment, the Secretary is required to establish an advisory body under section 871(a) of the Homeland Security Act to ensure effective coordination of Federal preparedness, protection, response, etc. The National Advisory Council advises the Administrator on emergency management, members shall be appointed by the Administrator, and they shall represent a geographic and substantive cross section including the private sector and nongovernmental organizations. The Administrator must coordinate the selection of health or emergency medical service professionals with the Secretaries of HHS and DOT. The Administrator shall designate 1 or more officers of the Federal Government to serve as ex officio members. After the initial appointments, each member serves a 3 year term. For the initial appointments, one third of the members are appointed for one year, and one third shall be appointed for two years. Most provisions of the Federal Advisory Committee Act apply.

Sec. 509. National Integration Center. New section 509 establishes a National Integration Center in the new entity. Through this Center, the Administrator shall ensure ongoing management and maintenance of the National Incident Management System, the National Response Plan, and any successor to such system or plan. The Center shall review and revise as appropriate the National Incident Management System and the National Response Plan.

Section 509(c) requires the Secretary, acting through the Administrator, to ensure that the National Response Plan provides for a clear chain of command to lead the Federal response to any natural disaster, act of terrorism, or other man-made disaster. Such chain of command should account for the Administrator’s role as the principal emergency management advisor to the President, Homeland Security Council, and Secretary. The Plan should also provide a role for the Federal Coordinating Office consistent with section 302(b) of the Stafford Act. The Principal Federal Official shall not direct or replace the incident command structure established at the incident, or have directive authority over the Senior Federal Law Enforcement Official, Federal Coordinating Officer, or other Federal and State officials.

Sec. 510. Credentialing and Typing. The Administrator shall enter into a MOU with the administrators of the Emergency Management Assistance Compact, State and local governments, emergency response providers, and their representatives to collaborate on developing standards for deployment capabilities, including credentialing of all personnel and typing of resources likely needed to respond to a natural disaster, act of terrorism, or other man-made disaster.

Sec. 511. The National Infrastructure Simulation and Analysis Center. This Center is created within the Department, and shall serve as a source of national expertise to address critical infrastructure protection and continuity through support for activities related to counterterrorism, threat assessment, risk mitigation, natural disasters, acts of terrorism, or other man-made disasters. The Center shall include modeling, simulation, and analysis of the system and assets comprising critical infrastructure. Each Federal agency and department with critical infrastructure responsibilities under HSPD-7 shall establish a formal relationship, including an agreement regarding information sharing, with the Center, through the Department.

Sec. 512. Evacuation Plans and Exercises. Grants made through the State Homeland Security Grant Program or Urban Area Security Initiative may be used to establish and maintain mass evacuation plans, prepare for the execution of such plans, and conduct exercises of such plans. Section 512(b) outlines what factors States or local governments should consider when developing a mass evacuation plan. Section 512(c) allows the Administrator to establish any guidelines, standards or requirements determined appropriate to administer this section and the Administrator shall make assistance available to assist hospitals, nursing homes, and other institutions that house individuals with special needs to establish plans that coordinate with State, local and tribal plans.

Sec. 513 Disability Coordinator. Amends the Homeland Security Act by adding a new section which calls for the appointment by the Administrator of a Disability Coordinator to ensure the needs of individuals with disabilities are being properly addressed in emergency preparedness and disaster relief. The Disability Coordinator reports directly to the Administrator. Section 513(b) outlines the Coordinator’s responsibilities.

Sec. 514. Department and Agency Officials. Subsection (a) authorizes the President to appoint no more than 4 Deputy Administrators of the new entity. This section also creates an Assistant Secretary for Cybersecurity and Telecommunications within the Department, as well as giving the Administrator of the US Fire Administration the rank equivalent to an assistant secretary of the Department.

Sec. 515. National Operations Center. New section 515 establishes the National Operations Center as the principal operations center for the Department, which shall provide “situational awareness” and a common operation picture for the entire Federal government, and for State and local governments as appropriate, in the event of a natural disaster, act of terrorism, or other man-made disaster. The National Operations Center shall also ensure that critical terrorism and disaster-related information reaches government decision makers.

Sec. 516. Chief Medical Officer. New section 516 creates a Chief Medical Officer in the Department, appointed by the President and confirmed by the Senate. The CMO shall have the primary responsibility within the Department for medical issues related to natural disasters, acts of terrorism, and other man-made disasters, including serving as the principal advisor to the Secretary and Administrator on medical and public health issues. The CMO serves as the primary contact point for medical and public health issues, as well as coordinating the biodefense activities of the Department. The CMO also will ensure internal and external coordination of all medical preparedness and response activities of the Department.

Section 612. Technical and Conforming Amendments. This section creates the Administrator as an Executive Level II rank position. Any reference in any law to the Director of FEMA shall be considered to refer to the Administrator of FEMA. The Undersecretary for Preparedness and the Director of FEMA shall take such actions as necessary to provide for an orderly implementation by March 31, 2007.

Section 613. National Weather Service. This section protects the authorities and activities of the National Weather Service.

Section 614. Effective Date. Most of the provisions take place on the date of enactment, but some are not effective until March 31, 2007. These provisions are the creation of the Federal Emergency Management Agency, the additional authority and responsibilities of the new entity, the transfer of functions, the creation of regional offices, the National Advisory Council, and the creation of Department Officials.


Subtitle B—Personnel Provisions
Chapter 1—Federal Emergency Management Personnel

Sec. 621. Workforce Development.

§ 10101. Definitions. “Agency”, “Administrator”, “Appropriate committee of Congress”, “Department” and “Surge Capacity Force” are defined.

§ 10102. Strategic Human Capital Plan. Requires the Administrator of FEMA to develop a human capital strategy to ensure that FEMA has a workforce of appropriate size and with appropriate skills and training to carry out FEMA’s mission. This strategy is to be developed no later than 6 months after the date of the enactment. No later than May 1, 2007 and May 1 of each year until 2012, the Director is required to submit an update of the strategic human capital plan.

§ 10103. Career Paths. Requires the Administrator to 1) ensure that appropriate career paths for personnel are identified, including the education, training, experience, and assignments necessary for career progression within the Agency and 2) publish information on the career paths described in requirement 1.

§10104. Recruitment bonuses. Authorizes the Administrator to pay individuals bonuses for recruitment purposes for difficult to fill positions in the absence of such a bonus. All bonuses are paid out in accordance with the completed Strategic Human Capital Plan. Authority terminates 5 years after enactment.

§10104. Retention bonuses. Authorizes the Administrator to pay, on a case-by-case basis, a bonus to an employee if 1) that employee is uniquely qualified and it is essential to retain that employee and 2) that employee is likely to leave FEMA. All bonuses are paid out in accordance with the completed Strategic Human Capital Plan. Authority terminates 5 years after enactment.

§ 10106. Quarterly Report on Vacancy Rate in Employee Positions. No later than 3 months after the enactment of this Act, the Administrator is required to submit to Congress a report on the vacancies in employee positions of the Agency. No later than 3 months after the initial report, the Administrator is required to update Congress on the progress of the Agency in filling vacant employee positions for 5 years.

Sec. 622. Establishment of Homeland Security Rotation Program at the Department of Homeland Security. Amends Title VIII of the Homeland Security Act of 2002 by inserting the following after section 843:

Sec. 844 – Homeland Security Rotation Program. No later than 180 days after the enacted of this section, the Secretary is required to establish the Homeland Security Rotation Program for employees of the Department. The Rotation Program shall use applicable best practices, including those from the Chief Human Capital Officers Council. No later than 180 days after the enactment of the Rotation Program, the Secretary is required to submit a report on the status of the Program to Congress.

Sec. 623. Homeland Security Education Program. Amends Title VIII of the Homeland Security Act of 2002 by inserting the following after Section 844:

Sec. 845 – Homeland Security Education Program. Acting through the Administrator, the Secretary is directed to establish a graduate-level Homeland Security Education Program in the National capital Region to provide educational opportunities to senior Federal officials and selected State and local official with homeland security and emergency management responsibilities. The Administrator will appoint an individual to administer the activities under this section.

Sec. 624. Surge Capacity Force. No later than 6 months after the enactment of this Act, the Administrator is required to prepare and submit to Congress a plan to establish and implement a Surge Capacity Force for deployment of individuals to natural disasters and to acts of terrorism and other man-made disasters, including catastrophic incidents. The Surge Capacity Force should be trained and deployed under the authorities set forth in the Stafford Act. If the existing authorities are inadequate, the Administrator must report to Congress the additional statutory authorities necessary.


Subtitle B, Chapter 2 –Emergency Management Capabilities

Sec. 631. State Catastrophic Incident Annex. This section amends section 613 of the Stafford Act to require State and local governments to include catastrophic incident annexes as part of their planning in order to be eligible to receive FEMA funds. The specific requirements for such catastrophic incident annexes are delineated.

Sec. 632. Evacuation Preparedness Technical Assistance. Requires the Administrator, in coordination with appropriate Federal Agencies to provide evacuation preparedness technical assistance to States and local governments, including technical assistance in the preparation of hurricane evacuation studies and evacuation plans assessing storm surge estimates, evacuation zones, evacuation clearance times, transportation capacity, and shelter capacity.

Sec. 633. Emergency Response Teams. Amends section 303 of the Stafford Act to add a new section b, which calls for the establishment of at least 3 national response teams and sufficient regional and other response teams as may be necessary. The Administrator must evaluate team readiness on a regular basis and report team readiness levels in the report required under section 652.

Sec. 634. National Urban Search and Rescue Response System. This section recognizes the Urban Search and Rescue Response System and makes specific appropriations.

Sec. 635. Metropolitan Medical Response Grant Program. The program is to continue to function as it did on June 1, 2006.

Sec. 636. Logistics. Requires the Administrator to develop an efficient, transparent, and flexible logistics system for procurement and delivery of goods and services necessary for an effective and timely response to major disasters, acts of terrorism, and other emergencies and for real-time visibility of items at each point throughout the logistics system.

Sec. 637. Prepositioned Equipment Program. The Administrator is required to establish a prepositioned equipment program to preposition standardized emergency equipment in selected geographic areas to sustain and replenish critical assets used by State and local governments in the wake of major disasters, acts of terrorism, and other emergencies. The Administrator must notify State and local officials 60 days prior to the date a location for the prepositioned equipment program will be closed. There should be at least 11 locations fully funded and operational at all times.

Sec. 638. Hurricane Katrina and Rita Recovery Offices. Prescribes the establishment of long-term recovery offices in the following States, if necessary: Mississippi, Louisiana, Alabama, and Texas. Each long-term recovery office shall be led by an executive director. The Administrator shall identify performance measures and provide incentives f the timely closeout of public assistance projects under sections 406 and 407 of the Stafford Act. Each recovery office shall terminate at the discretion of the Administrator.

Sec. 639. Basic Life Supporting First Aid and Education. Requires the Administrator to enter into agreements with organizations to provide funds to emergency response providers to provide education and training in life supporting first aid to children.

Sec. 640. Improvements to Information Technology Systems. Requires the Administrator, in coordination with the Chief Information Officer of DHS, to take appropriate measures to update and improve the information technology systems of the Agency, including NEMIS, and to send to Congress a report describing the implementation of this section within 270 days after the date of enactment of this Act.

Sec. 640a. Disclosure of Certain Information to Law Enforcement Agencies. In an evacuation, sheltering, or mass relocation, the Administrator may disclose information in any individual assistance database of the Department, in accordance with the Privacy Act, to any law enforcement agency of the Federal, State, or local government in order to identify illegal conduct or address public safety concerns, including sex offender notification laws.


Subtitle C – Comprehensive Emergency Preparedness System

Chapter 1—National Preparedness System

Sec. 641. Definitions. “Capability”, “Hazard”, “Mission Assignment”, “National Preparedness Goal”, “National Preparedness System”, “National Training Program”, “Operational Readiness”, “Performance Measure”, “Performance Metric”, and “Prevention” are defined.

Sec. 642. National Preparedness. Requires the President consistent with section 601 of the Stafford Act and title V of the Homeland Security Act of 2002 to develop a national preparedness goal and a national preparedness system.

Sec. 643. National Preparedness Goal. Requires the President, acting through the Administrator, to complete, revise, and update as necessary a national preparedness goal that defines the target level of preparedness to ensure the Nation’s ability to prevent, respond to, recover from, and mitigate against natural disasters, acts of terrorism, and other man-made disasters. The Goal should be as consistent as possible with NIMS and the NRP.

Sec. 644. Establishment of the National Preparedness System. Requires the President, acting through the Administrator, to establish a national preparedness system to enable the Nation to meet the national preparedness goal.

Sec. 645. National Planning Scenarios. Directs the Administrator to work with the heads of appropriate Federal agencies and the National Advisory Council, to develop planning scenarios to reflect the relative risk requirements presented by all hazards, including major disasters, acts of terrorism, and other emergencies in order to provide the foundation for the flexile and adaptive development of target capabilities and the identification of target capability levels to meet the national preparedness goal.

Sec. 646. Target Capabilities and Preparedness Priorities. Within 180 days of enactment, the Administrator must work with the heads of appropriate Federal agencies, including the National Council on Disability, and the National Advisory Council, to complete, revise, and update as necessary guidelines to define the risk-based target capabilities for Federal, State, and local government preparedness that enables the Nation to prevent, respond to, recover from, and mitigate against all hazards, including major disasters, acts of terrorism, and other emergencies. These guidelines are to be provided to Congress and the States, who are encouraged to distribute to local jurisdictions. The Director may provide support for the development of mutual aid agreements within states.

Sec. 647. Equipment and Training Standards. Directs the Administrator to work with the heads of appropriate Federal agencies and the National Advisory Council to support the development, promulgation, and updating, as necessary, national voluntary consensus standards for the performance, use, and validation of equipment used by Federal, State, and local governments and nongovernmental emergency response providers and national voluntary consensus standards for training.

Sec. 648. Training and Exercises. Requires within180 days of enactment, the Administrator must work with the heads of appropriate Federal agencies, including the National Council on Disability, and the National Advisory Council, to carry out a national training program to implement the national preparedness goal, national incident management system, national response plan, and other related plans and strategies. Within 180 days, the Administrator shall also work to carry out a national exercise program to test and evaluate (exercise) the goal, NIMS, NRP and other related plans. No less than biennially, there must be national level exercise to test and evaluate the capability of Federal, State, and local governments to respond detect, disrupt, and prevent threatened or actual catastrophic acts of terrorism, and to test the readiness of Federal, State, and local governments to respond and recover in a coordinated and unified manner to catastrophic incidents.

Sec. 649. Comprehensive Assessment System. The Administrator shall work with the National Council on Disability and the National Advisory Council to establish a comprehensive system to asses on an ongoing basis, the Nation’s prevention capabilities and overall preparedness, including operational readiness.

Sec. 650. Remedial Action Management Program. Requires the Administrator to work with the National Council on Disability and the National Advisory Council to establish a remedial action management program to look at events, training and exercises to identify lessons learned, generate after action reports, monitor the implementation of lessons learned,

Sec. 651. Federal Response Capability Inventory. Consistent with Title VI of the Stafford Act, requires the Administrator to accelerate the completion of the inventory of Federal response capabilities, to create a database of those capabilities, and to work with DOD to develop a list of functions that can be uses to provide civil support during disasters, acts of terrorism or other emergency.

Sec. 652. Reporting Requirements. Within 12 months of enactment and annually thereafter, the Administrator is required to work with the heads of appropriate Federal agencies to submit to the appropriate committees of Congress a report on the Nation’s level of preparedness for all hazards, including natural disaster, acts of terrorism, and other man-made disasters. Annually, the Administrator shall develop and submit to the appropriate committees of Congress an estimate of the resources necessary to respond to a catastrophic incident. Within 15 months of enactment and annually thereafter, a State receiving Federal assistance must submit a report to the Administrator on the State’s level of preparedness.


Sec. 653. Federal Preparedness. Requires the President to ensure and annually certify that each Federal agency with responsibility for responding under the NRP 1) have operational capability to meet the national preparedness goal 2) comply with NIMS 3) develop a deliberate planning capability and 4) develop, train and exercise rosters of response personnel to be deployed when the organization is called upon to support a Federal response. Requires the President to ensure that agencies have prescripted mission assignments.

Sec. 654. Use of Existing Resources. Requires the Administrator in establishing the national preparedness goal and national preparedness system to use existing preparedness documents, planning tools, and guidelines to the extent practicable and consistent with the Act.

Chapter 2 – Additional Preparedness

Sec. ¬¬661. Emergency Management Assistance Compact Grants. The Administrator may make grants to administer the Emergency Management Assistance Compact. $4,000,000 is authorized for FY08 and is to remain available until expended.

Sec. 662. Emergency Management Performance Grants. Authorizes to be appropriated for the Emergency Management Performance Grants Program for FY08, an amount equal to the amount appropriated for the program for FY07 and an additional $175,000,000.

Sec. 663. Transfer of Noble Training Center. Transfers the Noble Training Center to the Center for Domestic Preparedness. The Center for Domestic Preparedness is to integrate the Noble Training Center into the program structure of the Center for Domestic Preparedness.

Sec. ¬664. National Exercise Simulation Center. Requires the President to establish a national exercise simulation center that uses a mix of live, virtual, and constructive simulations.

Subtitle D―Emergency Communications
Section 671. Emergency Communications.
This section, entitled the 21st Century Emergency Communications Act of 2006, amends the Homeland Security Act by inserting a new Title XVIII, consisting of eight new sections (numbered 1801-1808) that provide as follows:
Sec. 1801. Office of Emergency Communications.
This section establishes a new “Office of Emergency Communications,” with a Director who would report to the “Assistant Secretary for Cybersecurity and Communications.” The responsibilities of the Director would include:
• assisting the Secretary in developing and implementing the public safety communications interoperability program in Section 7303(a)(1) of the Intelligence Reform and Terrorism Prevention Act (IRTPA);
• administering Integrated Wireless Network (IWN) program, and the SAFECOM program (except those elements related to R&D, testing, and standards), which the Secretary is directed to transfer to the Director for Emergency Communications, along with the Interoperable Communications Technical Assistance Program.;
• conducting outreach and performing such other duties of DHS necessary to support and promote the ability of emergency response providers and “relevant” government officials to continue to communicate in a natural or man-made disaster;
• conducting outreach to encourage development of operable and interoperable communications by State/regional/local/tribal (S/R/L/T) government, public safety agencies, and consortia;
• providing technical assistance to S/R/L/T officials relative to interoperable emergency comms capabilities;
• coordinating with the Regional Administrators regarding the activities of the Regional Emergency Communications Coordination Working Groups (see sec. 1805 below);
• promoting development of standard operating procedures and best practices for use of interoperable comms capabilities in incident response and promoting information sharing to develop and enhance such capabilities;
• in cooperation with the National Communications System (NCS), coordinating establishment of a national response capability for deploying comms equipment for “relevant” S/L/T governments and emergency response providers during a catastrophic loss of local/regional emergency comms;
• assisting POTUS and EOP (NSC, HSC, OMB) in ensuring the continued operation of Federal telecommunications functions and responsibilities (excluding spectrum management);
• working with Director of Office for Interoperability and Compatibility (see Sec.872, below) to establish requirements for non-proprietary interoperable emergency comms capabilities for all public safety radio and data systems purchased using DHS-administered assistance funds, but excluding any alert and warning devices, technologies, or systems;
• (in consultation with A/S Grants & Training) reviewing all Federal/State/local/tribal interoperable emergency comms plans developed using DHS-administered assistance funds;
• developing and periodically updating a National Emergency Communications Plan (see proposed sec. 1802); and
• performing other duties of DHS necessary to achieve, maintain, and enhance interoperable emergency comms capabilities.
The section requires the Director to coordinate with the Director of the Office for Interoperability and Compatibility (see Sec.872, below), and with the Administrator of FEMA with respect to the foregoing responsibilities.
Reporting Requirement: Finally, subsection (f) requires the Secretary within 120 days after enactment to provide to Congress a sufficiency of resources plan that identifies the resources and personnel needed to carry out the assigned responsibilities, the validity of which report is to be separately reviewed by the Comptroller General within 60 days after the date of submission of the plan by the Secretary.
Sec. 1802. National Emergency Communications Plan.
Reporting Requirement: Within 180 days following completion of the baseline assessment required by proposed section 1803 (see below), this section requires the Secretary, through the Director/Emergency Comms, and in cooperation with the Ðepartment of National Communications System (as appropriate)”, to work with Federal D/As, State/local/tribal governments, emergency response providers, and the private sector to develop a National Emergency Communications Plan with recommendations on how the U.S. should support and promote the ability of emergency response providers and “relevant” government officials to continue to communicate in a natural or man-made disaster and attain interoperable emergency communications nationwide. The bill directs the Emergency Communications Preparedness Center to coordinate the “Federal aspects” of the Plan.
The bill also prescribes the contents of the Plan, which include: recommendations (with FCC and NIST) for encouraging more rapid development of national voluntary equipment standards; an identification of the emergency comms capabilities necessary for emergency response providers and “relevant” government officials to continue to communicate in a natural or man-made disaster; an identification of the interoperable emergency comms capabilities necessary for F/S/L/T governments for a natural or man-made crisis; short and long-term solutions for deploying interoperable emergency comms systems for F/S/L/T governments and for ensuring that emergency response providers and “relevant” government officials can continue to communicate during natural and man-made disasters; identification of how Federal D/As that engage in disaster response can work with State/local/tribal/other entities; identification of obstacles to and recommended solutions for attaining nationwide interoperable emergency comms; recommended goals and timeframes for deploying an emergency, command-level comms system and interoperable emergency comms systems across the nation; and recommended measures that emergency responders should use to ensure continued operation of “relevant” governmental communications infrastructure during natural and man-made crises.

Sec. 1803. Assessments and Reports.
Reporting Requirement: Subsection (a) requires the Secretary, through the Director/Emergency Comms, to develop a baseline operability and interoperability assessment of Federal/State/local/tribal government identifies what interoperable emergency communications capabilities are needed to continue to communicate in the event of a natural or man-made disaster or to respond to certain events, what capabilities exist, and assesses the gap between existing capabilities and needs. The section also directs the Secretaries of Homeland Security and Commerce, and the FCC Chairman, to compile a national inventory of interoperable emergency communications used by Federal departments and agencies and for public safety systems. The first report is due one year after enactment with updates at least every five years thereafter. The bill provides that the Report may include a classified annex and the baseline assessment may incorporate findings from previous assessments conducted before enactment.
Reporting Requirement: Separately, subsection (b) directs the Secretary to provide a progress report to Congress within one year, and every two years thereafter, on the status of DHS’s efforts in implementing the bill’s requirements and achieving improvements in interoperable emergency communications nationwide and gaps that remain to be addressed.
Specifically, the progress report is required to include: a description of the findings of the most recent baseline assessment; a determination of the degree to which interoperable emergency comms have been achieved and remaining gaps; an assessment of the ability of communities to provide and maintain operable and interoperable emergency comms among emergency managers, emergency response providers, and government officials in a crisis; a list of best practices among communities for providing and maintaining operable and interoperable emergency comms; and an evaluation of the feasibility and desirability of DHS developing, alone or with DOD, a mobile communications capability that could be deployed to support emergency communications needs at the site of a natural or man-made disaster.
Sec. 1804. Coordination of Department Emergency Communications Grant Programs.
Subsection (a) tasks the Director of the Office of Emergency Comms to ensure that guidelines for DHS grant assistance for interoperable emergency communications are aligned with goals and recommendations set forth in the National Emergency Communications Plan, discussed above.
Subsection (b) authorizes the Assistant Secretary for Grants and Training, in consultation with the Director/Emergency Comms, to prohibit State/local/tribal governments from using DHS grant funds for interoperable emergency communications purposes if the entity has not submitted a Statewide Interoperable Communications Plan (required by sec. 7303(f) of the IRTPA); is proposing to use the funds for equipment or systems that do not meet or exceed national voluntary consensus-based standards (unless a reasonable explanation is provided); or if such voluntary standards have not been developed within three years after the release of the first National Emergency Communications Plan. The bill specifically directs the Secretary to work with NIST, the FCC, and other Federal agencies with standards-setting responsibilities to support the development and promulgation of such standards.
NOTE: An un-numbered draft section received from the Committee captioned Emergency Communications and Interoperability Grants would direct the Secretary to establish a grant program to make funds available to States and regions to support improvements in statewide, regional, national and, in certain circumstances, international emergency communications interoperability. The program must only be established, however, after the National Emergency Communications Report (sec. 1802) and the Baseline Assessment (sec. 1803) have been completed and submitted to Congress, and the Secretary has determined that there has been substantial progress toward the development and promulgation of voluntary, consensus-based standards.
Once the program is established, the bill permits the specified grant funds to be used to support short-term or long-term solutions for emergency communications operability and interoperability across the system life cycle (e.g., planning, system design/engineering, procurement and installation, exercises, technical assistance/training, etc.).
Sec. 1805. Regional Emergency Communications Coordination.
This section creates within each of the Regional Offices of the new entity a Regional Emergency Communications Coordination Working Group (RECC-WG), each of which reports to its respective Regional Administrator and coordinates its activities with its corresponding Regional Advisory Council. The RECC-WGs are to consist of non-Federal subject matter experts (SMEs) representing State and local officials (including emergency managers, homeland security advisors, and State administrative agencies) and police departments; local fire departments; local 911 services; and representatives from DHS, FCC, and other Federal departments and agencies with responsibility for coordinating emergency communications or providing emergency support services to State/local/tribal governments.
In performing their specified duties, the RECC-WGs are required to coordinate their activities with communications service providers across the range of sub sectors (e.g., local telephone companies, wireless carriers, local broadcasters, satellite service providers, cable television operators, etc.), equipment manufacturers, and other entities such as hospitals, public utilities, ambulance services, and amateur radio operators. Their duties include evaluating local emergency communications systems to determine whether they meet the goals of the National Emergency Communications Plan and reporting to their respective Regional Administrators, the Director for Emergency Communications, the FCC Chairman, and the Asst Secy of Commerce for Information and Communications on the status of efforts within the region to develop robust interoperable voice and data emergency communications networks.

Sec. 1806. Emergency Communications Preparedness Center.
The bill establishes an Emergency Communications Preparedness Center as an interagency body jointly operated by the Secretary, the Chairman of the FCC, the Attorney General, and the Secretaries of Defense, Commerce, and the heads of other Federal departments and agencies, pursuant to a Memorandum of Understanding entitled the Emergency Communications Preparedness Center (ECPC) Charter. The ECPC is charged to serve as a focal point for interagency efforts and as a clearing house for intergovernmental information to support and promote interoperable emergency comms and the ability of emergency response providers and “relevant” government officials to continue to communicate in a natural or man-made disaster.
Reporting Requirement. The bill also requires the Center annually to provide Congress with a strategic assessment regarding the coordination efforts of Federal D/As to advance the objectives of interoperable communications. In preparing this strategic assessment, the Center is directed to consider the goals contained in the National Emergency Communications Strategy Plan.
Sec. 1807. Urban and Other High Risk Area Communications Capabilities.
The bill requires the Secretary, in consultation with the FCC Chairman and the Secretary of Defense, and “appropriate” State/local/tribal officials, to provide assistance (including technical guidance and training) to support rapid establishment of interoperable emergency comms capabilities in urban and other areas that the Secretary determines are a consistently high risk from natural and man-made disasters (including acts of terrorism). At a minimum, the interoperable emergency comms capabilities must ensure the ability of all levels of government, emergency response providers, and the private sector to communicate with each other during an emergency, and must support appropriate and timely access to the Information Sharing Environment (ISE).
Sec. 1808. Definitions.
The bill defines “interoperable” by referring to the definition assigned in section 7303(g)(1) of the IRTPA (6 U.S.C. 194(g)(1)).
Section 672. Office for Interoperability and Compatibility.
This section amends Title III of the Homeland Security Act to insert a new Proposed Section 314, which outlines those responsibilities that would be retained by the Office for Interoperability and Compatibility in the Science and Technology Directorate. Specifically, these responsibilities include assisting with development and implementation of the S&T aspects of the public safety communications interoperability program in Section 7303(a)(1)(D)-(G) of the Intelligence Reform and Terrorism Prevention Act (IRTPA); in coordination with the FCC, NIST, and other Federal D/As with standards responsibilities, supporting the development of national consensus-based voluntary standards for interoperable emergency communications; and research, development, and testing to improve interoperable emergency comms (including for the SAFECOM program); and working with the Director of the Office of Emergency Communications to establish capabilities requirements for all public safety radio and data communications equipment purchased using DHS grant funds, and conducting pilot projects to test and demonstrate technologies to enhance interoperable voice, data, and video emergency communications capabilities.
NOTE: The draft contains a typographical error. It incorrectly designates the fourth subsection of proposed section 314, captioned “Clerical Amendment”, as (b). It should be designated as subsection (d).
Section 673. Emergency Communications Interoperability Research and Development.
Like the previous section, this section also would amend Title III of the HSA by inserting a new Proposed Section 315, which would establish a comprehensive emergency communications interoperability research and development program to be carried out by the Director of the Office for Interoperability and Compatibility within S&T. The R&D program would support competitive research efforts using HSARPA, and S&T is also directed to consider establishing a Center of Excellence for enhancing information and communications systems for emergency response providers.
Section 674. 911 and E911 Services Report.
Reporting Requirement. The bill requires the Chairman of the FCC to report to Congress within 180 days after enactment on the status of efforts of State/Local/Tribal governments to develop plans for rerouting 9-1-1 and e9-1-1 services in the event that public safety answering points (PSAPs) are disabled during a natural or man-made disaster.
Section 675. Savings Clause.
The bill explicitly states that nothing in Subtitle D shall be construed to transfer to the Office of Emergency Communications any function, personnel, asset, component, authority, grant program, or liability of FEMA as constituted on June 1, 2006.

Subtitle E - Stafford Act Amendments

Sec. 681. General Federal Assistance. Amends Section 402 of the Stafford Act by expanding efforts to include “response or recovery efforts, including precautionary evacuations.” The Federal government may also provide technical and advisory assistance to affected State and local governments for “recovery activities, including disaster impact assessments and planning” and may “provide accelerated Federal assistance and Federal support where necessary to save lives, prevent human suffering, or mitigate sever damage, which may be provided in the absence of a specific request and in which case the President” will work in conjunction with State and local officials. Section 681(b) amends section 502 of the Stafford Act to allow for assistance in an emergency for “precautionary evacuations” and to provide accelerated assistance in the absence of a specific request. Section 681(c) requires the President to promulgate guidelines to assist Governors in requesting an emergency declaration.

Sec. 682. National Disaster Recovery Strategy. The Administrator, along with various other government agencies (including the Assistant Secretary for Indian Affairs and representatives of nongovernmental organizations) and State and local government officials, shall develop, coordinate, and maintain a National Disaster Recovery Strategy.

Sec. 683. Disaster Housing Strategy. The Administrator, in coordination with Federal agencies and other organizations (listed in (b)(2)), the National Advisory Council, the National Council on Disability, and other entities at the discretion of the Administrator will develop, coordinate, and maintain a National Disaster Housing Strategy. The Strategy, in part, calls for a requirement that a sufficient number of housing units are provided to individuals with disabilities and also requires the Strategy to promote the repair or rehabilitation of existing rental housing. Within 270 days of the enactment of this Act, the Administrator is required to submit to Congress a report with the specifics of the Strategy and update the report when changes. In the absence of changes, the Administrator must submit a report to congress once every five years.

Sec. 684. Hazard Mitigation Grant Program Formula. This section changes the formula for HMGP to increase funding from 7.5% to 15% for amounts spent up to $2 billion, 10% for amounts spent between $2 billion and $10 billion, and 7.5% for amounts spent between $10 billion and $35.33 billion.

Sec. 685. Housing Assistance. Amends section 408 of the Stafford Act by striking “remote” and to authorize both “semi-permanent, or permanent housing” construction.

Sec. 686. Maximum Amount Under Individual Assistance Programs. Amends section 408 of the Stafford Act to eliminate the sub-limits applicable to repair and replacement assistance.

Sec. 687. Coordinating Officers. Allows for the President to appoint a single FCO for an entire affected area, including when such area encompasses more than one state.

Sec. 688. Definitions. Amends definition of private nonprofit facility to add additional facilities; and adds definition of “Individual with disability.”

Sec. 689. Individuals with Disabilities. This section would require the Administrator to develop standards to accommodate individuals with disabilities. Additionally, individuals with disabilities would be added to section 308 of the Stafford Act, which describes nondiscrimination policies in disaster assistance. Providing durable medical equipment is added to section 403(a)(3)(B) as an essential service to saving lives and protecting and preserving property or public health and safety. Persons with disabilities whose primary residences are rendered inaccessible are added as eligible persons for housing assistance under section 408. This section also adds language requiring that readily fabricated dwellings, to the extent practicable, must be located on a site that meets the physical accessibility requirements for individuals with disabilities.

Sec. 689a. Nondiscrimination in Disaster Assistance. Amending section 308(a) by inserting “English proficiency” after “age.”

Sec. 689b. Reunification. Within 180 days after the enactment of this act, the Administrator, in coordination with the Attorney General, shall establish the National Center for Missing and Exploited Children National Emergency Child Locator Center to assist in the tracking of displaced individuals under 21 years of age. Within 270 days of the enactment of this Act, the Administrator is required to submit a report to Congress describing in detail the status of the Child Locator Center.

Sec. 689c. National Emergency Family Registry and Locator System. No later than 180 days after the enactment of this Act, the Administrator is required to establish a National Emergency Family Registry and Locator System to help reunify families separated after an emergency or major disaster. Within 270 days the Administrator must submit a report to Congress describing in detail the status of the National Emergency Family Registry and Locator System.

Sec. 689d. Federal Assistance to Individuals and Households. Amends section 408(c)(1)(A) authorizing financial assistance for temporary housing to include assistance for the payment of utilities, security deposits and hookups.

Sec. 689e. Disaster Related Information Services. Amending Subtitle A of title VI of the Stafford Act to add section 616, which requires Administrator of FEMA to ensure that reasonable steps are taken to ensure effective communication with people with limited English proficiency, disabilities or special needs.


Sec. 689f Transportation Assistance and Case Management Services to Individuals and Households. Adds two new sections to Title IV of the Stafford Act: Sec. 425 Transportation Assistance to Individuals and Households and Sec. 426 Case Management Services. Sec. 425 authorizes the payment of transportation assistance to relocate individuals from their disaster-impacted primary residence to alternative locations where short or long-term housing solutions have been identified. This language also authorizes for transportation assistance to return to the primary residence or an alternative location, if deemed necessary by the President. Sec. 426 authorizes the President to provide case management services, including financial assistance to government agencies or qualified nonprofits to conduct such services.

Sec. 689g. Designation of Small State and Rural Advocate. Amends title III of the Stafford Act by adding section 326, which requires the President to designate a Small State and Rural Advocate within FEMA. No later than 180 days after the enactment of this Act, the Administrator is required to submit a report detailing disaster declaration regulations with respect to less populated States.

Sec. 689h. Repair, Restoration, and Replacement of Damaged Private Nonprofit Educational Facilities. Amends section 406(a)(3)(B) of the Stafford Act by inserting “education” after “communications,” thereby making educational facilities “critical” and eliminating the need for them to first apply to the SBA.

Sec. 689i. Individuals and Households Pilot Program. The Administrator, in coordination with State and local governments, is required to establish and conduct a pilot program, which is designed to make better use of existing rental housing, located in areas covered by a major disaster declaration, in order to provide timely and cost-effective temporary housing assistance to individuals and households eligible for assistance under section 408 of the Stafford Act where alternative housing options are less available or less cost-effective. The Administrator may enter into lease agreements and make improvements to properties. A report is due to Congress no later than March 31, 2009 on the effectiveness of the pilot.

Sec. 689j. Public Assistance Pilot Program. The Administrator, in coordination with State and local governments, is required to establish and conduct a pilot program to reduce the costs to the Federal Government of providing assistance to States and local government under, increase flexibility in the administration of, and expedite the provision of assistance to States and local governments provided under section 403(a)(3)(A), 406, and 407 of the Stafford Act. Several new procedures are authorized; current regulation may be waived; and a report is due to Congress no later than March 31, 2009 assessing the pilot. The pilot must be initiated within 90 days after the date of enactment of the Act.

Sec. 689k. Disposal of Unused Temporary Housing Units. Notwithstanding section 408(d)(2)(B) of the Stafford Act, if the Administrator authorizes the disposal of unused temporary housing units, they must be pursuant to subchapter III of chapter 5 of subtitle I of title 40.

Subtitle F—Prevention of Fraud, Waste, and Abuse

Sec. 691. Advance Contracting. No later than 180 days after enactment, the Administrator shall submit a report that identifies recurring disaster response requirements, including specific goods and services, for which the Agency can and cannot contract for prior to a natural disaster, act of terrorism or other man-made disaster in a cost effective manner. The report shall also identify a contracting strategy that maximizes the use of advance contracts to the extent practical and cost-effective.

Section 691(b) requires the Administrator, no later than one year after enactment, to enter into one or more contracts identified for each type of good or service identified in the report that can be contracted for in cost effective manner in advance of the incident. The Administrator shall consider section 307 of the Stafford Act before entering into any contract under this section. The Administrator shall also develop a process to ensure that Federal pre-negotiated contracts for goods and services are coordinated with State and local governments, and shall encourage State and local governments to enter into pre-negotiated contracts with vendors for goods and services. The Administrator is required to maintain contracts for the appropriate levels of good and services, as required by this section.

Section 691(d) requires a report at the end of each fiscal quarter on each disaster assistance contract entered into by other than competitive procedures to the appropriate committees of Congress.

Sec. 692. Limitations on Tiering of Subcontractors. This section requires the Administrator to promulgate regulations to minimize the excessive use by contractors of subcontractors or tiers of subcontractors to perform the principal work of the contract. The regulations shall prohibit a contractor from using subcontracts for more than 65 percent of the cost of the contract, or the cost of any individual task or delivery order, unless the Secretary determines that such requirement is not feasible or practicable. Covered contracts include any cost-reimbursement type contract or task or delivery order in an amount greater than the simplified acquisition threshold entered into by the Department to facilitate response to or recovery from a natural disaster, act of terrorism, or other man-made disaster.

Sec. 693. Oversight and Accountability of Federal Disaster Expenditures. The Administrator may designate up to 1 percent of the total amount provided to a Federal agency for a mission assignment as oversight funds to be used by the recipient agency for performing oversight activities carried out under the Agency reimbursable mission process. Funds are available until expended. Oversight funds may be used to monitor and audit expenditures, ensure proper management controls, investigate fraud, and review of selected contracts. Oversight funds may not be used to finance existing agency oversight responsibilities related to direct agency appropriations for disaster response, relief, and recovery activities. To the extent practicable, evaluations and audits under this section should be carried out by the Inspector General of the agency.

Section 693(e) requires an agency head, if the agency receives oversight funds for a given fiscal year, to develop a plan describing the oversight activities for disaster response, relief, and recovery anticipated to be undertaken the subsequent fiscal year.

Section 693(f) requires any Federal agency receiving oversight funds to submit an annual report to the Administrator and Congress regarding the use of such funds, including activities and results achieved.

Sec. 694. Use of Local Firms and Individuals. This section replaces section 307 of the Stafford Act. When Federal funds are expended on debris clearance, distribution of supplies, reconstruction, and other major disaster or emergency assistance activities, which may be carried out by contract, preference should be given to individuals and businesses residing or doing business primarily in the area affected by the disaster, to the extent feasible. This section does not restrict the use of DOD resources, and a contract or agreement may be set aside for award based on a specific geographic reason

Any contract not awarded for these activities shall be justified in writing in the contract file. An agency performing response, relief, and reconstruction activities shall transition work performed under contracts in effect on the date of the President declares the emergencies to local firms or individuals, unless the agency head determines that it is not feasible or practicable to do so.

This section does not affect contracts entered into before the occurrence of a major disaster or emergency.

Sec. 695. Limitation on Length of Certain Non-Competitive Contracts. The Administrator shall promulgate regulations that restrict the contract period of certain contracts entered into using noncompetitive procedures to the minimum contract period necessary to meet the urgent and compelling requirements of the work to be performed, and to enter into another contract through the use of competitive procedures. The regulations shall require the contract period to not exceed 150 days, unless the Secretary determines that exception circumstances apply. Covered contracts include any contract in an amount greater than the simplified acquisition threshold entered into by the Department to facilitate the response to or recovery from a major disaster or emergency.

Sec. 696. Fraud, Waste, and Abuse Controls. The Administrator shall ensure that the programs regarding disaster relief assistance develop and maintain proper internal management controls to prevent and detect fraud, waste, and abuse. Application databases used to collect information on eligible recipients must record disbursements, and must be integrated with application information. Any database or similar processing system must undergo a review by the Inspector General of the agency to determine the existence and implementation of the required controls.

Section 696(c) amends the section 408 of the Stafford Act to require the President (or his designee) to develop a system, including an electronic database, to verify the identity and address of the recipients of assistance to better ensure that eligible individuals receive assistance and that duplicative assistance is not paid.

Sec. 697. Registry of Disaster Response Contractors. The Administrator shall establish and maintain a registry of contractors who are willing to perform debris removal and other relief activities. The registry, among other things, shall include the name and location of the business, as well as whether the business is a small business. All information submitted shall be voluntary. The Administrator is required to verify the documentation provided by the business. The registry shall be made available on the agency’s website.

Sec. 698. Fraud Prevention Training Program. The Administrator shall develop and implement a program to provide training on the prevention of waste, fraud and abuse of Federal disaster relief assistance.

Subtitle G—Authorization of Appropriations

Sec. 699. Authorization of Appropriations. To carry out this title and the amendments made by this title, there is authorized for fiscal year 2008, an amount equal to the amount appropriated for fiscal year 2007 for administration and operations of the Agency, multiplied by 1.1. The same determination is made for fiscal years 2009 and 2010 (1.1 * the previous years appropriation).

Sec. 699a. Except as expressly provided otherwise, any reference to “this Act” contained in this titles shall be treated as referring only to the provisions of this title.

2001-A FEMA Space Odyessy

The swearing in of a new President of another party from the one departing is always a milestone. What is of interest is that FEMA had reached agreement and almost five (5) years as to its role as Consequence Manager lead as alternative the Department of Justice and FBI were as to crisis management. Some talked about a law enforcement phase in an incident/event transmutting at some point to a response phase. Thus publication in January 2001 of a CONCEPT of OPERATIONS PLAN for Domestic Terrorism by both FEMA and DOJ/FBI! Recently I identified that that effort and document had been specifically labeled for incorporation into a National Response Plan by the Homeland Security Strategy published in July 2002 and several other statutes and mandating documents. Surprise surprise apparently never formally superseded many still think it is the essential guidance document resolving the differences first erected all the way back in Presidential Directive 39 issued after the Oklahoma City bombing in 1995. Well it just goes to show that no good deed goes unpunished and wondering if those training up for an actual terrorist event are aware of the failure of any document to specifically supersede the conop-plan. Is it important? Absolutely since although we trust the cop on the beat to not shoot into a crowd to wound or kill a fleeing perp we should also trust the law enforcement community to perhaps consider just for a brief moment how many may be injured or die while they worry about catching the perps. Food for thought as the oil crashes ashore in the Gulf. Should response and recovery overshadow liability issues--absolutely in my opinion although there is always time for the latter. Again, an EMERGENCY DECLARATION by the President for this spill should already have been issued. That would allow funding of STATE and FEDERAL efforts because the $5M limit on emergency declarations is not an absolute limit, nor a report and wait clause, but merely a notification to the Congress.

HOMELAND DEFENSE

In a message dated 4/30/2010 5:32:24 P.M. Eastern Daylight Time, Webmaster@GAO.GOV writes:

The Government Accountability Office (GAO) today released the following reports and correspondences:

Reports

1. Homeland Defense: DOD Needs to Take Actions to Enhance Interagency Coordination for Its Homeland Defense and Civil Support Missions. GAO-10-364, March 30.
http://www.gao.gov/cgi-bin/getrpt?GAO-10-364
Highlights - http://www.gao.gov/highlights/d10364high.pdf

2. Homeland Defense: DOD Can Enhance Efforts to Identify Capabilities to Support Civil Authorities during Disasters. GAO-10-386, March 30.
http://www.gao.gov/cgi-bin/getrpt?GAO-10-386
Highlights - http://www.gao.gov/highlights/d10386high.pdf

I will be analyzing these reports in the near future on this blog.

Deepwater Horizon Catastrophe

The drill rig explosion and oil seepage may well rival Katrina Hurricane and its impact IMO. Follow news at Gulf of Mexico-Transocean Drilling Incident for best coverage. If you have trouble finding site let me know.

I posted and it was published a letter to the editor of the NATURAL HAZARDS OBSERVER concerning an article in the fall 2008 issue. The letter was published in the January 2009 Observer which is available on-line from the Center for Natural Hazards, Boulder Colorado or me. The letter concerned the Exxon-Valdez Accident and the Stafford Act.

If I was President I would already have declared an EMERGENCY under the Stafford Act pursuant to Section 501(b) of that statute. One thing we know after almost 18 months of this Administration it is not agile in its response to events.

The Disaster Law List

A disaster law list was developed several years ago by Professor Dan Farber, J.D. at Berkeley. The Berkeley law librarian Dean Rowan also was a key player and I believe administers the list. Over the past several years I have contributed various items I believe were of interest to the list. To join the list go to:https://calmail.berkeley.edu/manage/list/listinfo/disaster_law@lists.berkeley.edu

See also: announcement has been added in the "Disaster Law" site at bSpace (https://bspace.berkeley.edu/portal)
Subject: Joining the Diaster_Law list



I also sent a fairly long note as to my philosophy for my participation on the list to both DANs.
I repeat that statement here. Some have found my contributions tedious and uninformative but some have praised my efforts. Perhaps the eye of the beholder. Whatever here was my statement as to why I participate in that list.
E-mail sent July 17, 2007
"Dean! I have looked over and thought about your thoughtful response on the endgame for the site for several days. First, accept my suggestions for just what they are since I really deep down do believe let a thousand flowers bloom when it comes to academic research. And let it be firmly stated, I am probably an academic wannabe but not really an academic. I was a reactionary for 34 years in EM and am hoping to contribute in some small measure to future generations knowing that the issues I worked in life will not disappear because "mother nature does NOT grant variances" and apparently the deranged or ideologues don't either.

First, I do like to stay behind the scenes largely due to my belief that there is always a faster gun out there. Basically I am chicken. But starting in the late 80's while still at FEMA I became one of the principal national security lawyers in FEMA (actually I had a clearance for 27 of 34 years including Army duty). I always felt that how the largest or certainly the oldest and richest democracies handled EM was a key in many cases to whether our democracy and others even survived. I still believe that. I also believe that EM is a civil function, and while 95% of the world lets the military do its response, it almost never does well mitigation, prevention, preparedness, or recovery. It clearly does provide a gloss of authoritarian control that might, and I really do mean "might" be helpful in some circumstances.

Second, the whole of EM is truly multidisciplinary which is why I am so interested in the lawyers understanding what the research and academic community is discovering or has discovered. You have to understand when I went to law school there was no National Security Law Course (I suggested the development of that curriculum to Peter Raven-Hansen and Stephen Dycus in the mid-to late 80's and their text is now in its third or fourth edition.) John Basset Moore at my law school U.VA saw it as an international issues (which in part it is) while my whole experience was that it had huge domestic impacts for our democracy. I did help Peter and Stephan with the first two editions of the book and interestingly they were very concerned I might be fired for helping them even informally. You can see the climate of fear is not new in Washington. I am or was a second generation civil servant and saw even as a child the devastation wrought on the bureaucracy and Washington by the McCarthy era.

Finally, I am dedicated fully to the principle that the law is the real difference in our society from many others and is definitely not a "Crystal never changing" or whatever the quote was. I kept posted in my office and made new young lawyers read Clarence Darrow's letter to a young law student suggestion that a more suitable profession than law be followed because the system was only designed to protect the corporate elite of American. Of course I have spent my life trying to personally refute that adage.

To the point, for your site, there are a number of other sites that do well what they do. Such as MIPT.org or the Secrecy Archive of the Federation of American Scientists. There is however much left to do. Long term I am trying to develop documents and materials on the just shy of one month of FEMA's 24 years as an independent agency. It had multiple cultures and I have jointly authored an exploration of one of them, the HAZMAT culture. I have yet to cover a number of others, including disaster policy and operations, national security concerns, civil defense, flood insurance and flood plain management (mitigation), and fire culture among others. it is my intention to work on analysis of this period for the rest of my life while helping others to the extent possible in the meantime.

I firmly believe that a legal but multidisciplinary site is really needed. While my focus is FEMA what needs to be understood is that the legal architecture and systems underpinning EM are not well understood. FEMA was chronically understaffed and under funded in its almost 24 years and I continue to document what I call the WAR ON FEMA once it became part of DHS. The staffing and funding was barely adequate for a collaborative and coordination agency and certainly not a fully operational agency that would be the federal 911. Yet oddly that may be what the public expects. There is a open and current threat which has been repeated over the years to give the EM mission to DOD. I was in many high level meetings between FEMA, DOD, and DOJ where FEMA was the shock absorber between those two agencies, and only by voting with a DOJ oriented to law and democracy did the "right" answer come forth. This then is the guidance that I would suggest for the web site. Promotion of law and democracy. No other site focuses on those issues and it is also a comparative law issue of interest to both other existing democracies and those countries that hope to become democracies. In many many meetings I would point out that the Constitution was not waivable in any circumstance and believe it or not many many prominent high ranking lawyers or at least those with legal training believed otherwise. I still remember a speech by then Deputy National Security Adviser Sandy Berger stating on the record that the administration could do whatever it wanted despite what the law or Constitution stated. Also Federal programs are not designed for efficiency and effectiveness they are political solutions and the days are long gone in Washington when someone or some group sat down to try and figure out what should be the nation's policy. Now it is issue focused and this is so that groups can choose sides. The political scientists have analyzed this phenomenon and it is briefly discussed in my articles.

Basically, my most important job in FEMA, even though I ran its litigation for most of decade, was to train its heirarchy and the heirarchy of other federal agencies in the basics of the Constitution and what authority they did have to help the people of the United States in an emergency. One of my favorite cases to cite was Little v. Bareme 1803.

I am implying and you can infer from this lengthy note that I think you have a wide open path to become a leading if not the leading web site on law, emergency management, homeland security and democracy. I have high hopes for that and encourage you to the maximum extent possible. The documents I have sent DAN probably confused him as to why I even sent them but my point has been to show that there is a system and history to much of what lead up to Katrina for example, but it is not available to lawyers and scholars now.

Again, the basics are definitely not settled. An example, is that once Presidential discretion has been exercised to declare a disaster or emergency under the Stafford Act is the rest of the operation totally discretionary or does equal protection of the laws and due process make the relief efforts more of an entitlement.

Another what is federal authority to bypass the states in disaster recovery or is the primary duty to restore a "republican form of government" in the states and go from there. I used to upset FEMA regional directors by telling them the priority should be to restore a governor and his/her operations even before restoring a non-operational administrative unit known as a FEMA region.

At any rate, regards and I really really appreciate your consideration of this comment in the "end game" for the site."

Warning, Notification, and Alerting

Long long ago I was treated to watching expert witnesses on direct and cross-examination explain the technical differences between warning, notification and alerting. Each has its own research findings and milieu. Much to my surprise shortly after 9/11/01 an elaborate public-private partnership was created, substantially federally funded to develop a National Warning Strategy which is in fact available and was issued in 2004. That document is available several places including me.
When I found out about the PPWC (Partnership for Public Warning Commission) I wrote a long letter to the head of that organization whose name at the moment is forgotten telling him of the various research materials available. He called to thank me and I ended up forwarding several boxes of materials on the concept of warning. Apparently some of my ideas appeared without attribution in the final National Strategy document. AOK with me.

One of the documents that I forwarded I still have and now provide for the blog readers. I think most will find it interesting and comparing with the National Strategy arguably documents that we (the US) does not really have a warning strategy. Perhaps it is the eye of the beholder.

Here is the document furnished the Partnerhip:

LEGAL REFERENCES TO WARNING, THREATS, AND PUBLIC INFORMATION
IN THE ROBERT T. STAFFORD ACT (CODIFIED AS CHAPTER 68 OF TITLE 42 OF THE U.S. CODE)

SUBCHAPTER II -- DISASTER PREPAREDNESS ASSISTANCE

DISASTER WARNINGS
(42 U.S.C.§5132)

§202.

(a) The President shall insure that all appropriate Federal agencies are prepared to issue warnings of disasters to State and local officials.

(b) The President shall direct appropriate Federal agencies to provide technical assistance to State and local governments to insure that timely and effective disaster warning is provided.

(c) The President is authorized to utilize or to make available to Federal, State, and local agencies the facilities of the civil defense communications system established and maintained pursuant to §611(d) of the Act [42 U.S.C. §5196(d)], or any other Federal communication system for the purpose of providing warning to governmental authorities and the civilian population in areas endangered by disasters.

(d) The President is authorized to enter into agreements with the officers or agents of any private or commercial communications systems who volunteer the use of their systems on a reimbursable or nonreimbursable basis for the purpose of providing warning to governmental authorities and the civilian population endangered by disasters.

SUBCHAPTER IV -- MAJOR DISASTER ASSISTANCE PROGRAMS

GENERAL FEDERAL ASSISTANCE
(42 U.S.C. §5170a)

§402. In any major disaster, the President may ---
. . . . . .

(3) provide technical and advisory assistance to affected State and local government for -
. . . . . .

(B) issuance of warnings of risks of hazards; . . .

ESSENTIAL ASSISTANCE
(42 U.S.C. §5170b)

§403 (a) In General. Federal agencies may on the direction of the President, provide assistance to meeting immediate threats to life and property resulting from a major disaster, as follows:
. . . . . .
(3) Work and Services to Save Lives and Protect property. Performing on public or private lands or waters any work or services essential to saving lives and protecting and preserving property or public health and safety, including ---
. . . . . .
(F) warning of further risks and hazards;

(G) dissemination of public information and assistance regarding health and safety measures;

(H) provision of technical advice to State and local governments on disaster management and control; and
(I) reduction of immediate threats to life, property, and public health and safety.


EMERGENCY COMMUNICATIONS
(42 U.S.C. §5185)

§418. The President is authorized during, or in anticipation of, an emergency or major disaster to establish temporary communications systems and to make such communications available to State and local government officials and other persons as he deems appropriate.

TITLE VI -- EMERGENCY PREPAREDNESS
SUBTITLE A -- POWERS AND DUTIES
§611(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.
. . . . . . .
§611(g) Public Dissemination of Emergency Preparedness Information.
The Director may publicly disseminate appropriate emergency preparedness information by all appropriate means.

Federal Civil Defense-Crisis Relocation

In some ways President James Earl Carter helped defeat the civil defense buildup under President Ronald Reagan. How and why? Specifically the crisis relocation program established by President Carter.
I believe I have already posted my notes for an undelivered speech to the Stephenson Institute in NOLA last February. Here are the critical document URLs for which I believe Carter presaged the collapse of the buildup under Reagan when hosting areas for evacuees protested crisis relocation. Judge for yourself.

prm-32 is here:


http://www.fas.org/irp/offdocs/prm/prm32.pdf


pd-41 is here:


http://www.fas.org/irp/offdocs/pd/pd41.pdf

FEMA and Presidential Transitions

Somehow I believe that in reconstructing events baseline documents have some value. For each Presidential transition from the departing President to the arrival of the new President the transitions have become increasing sophisticated and thus the briefing books handed to the new "team" have some interest to me.

Here is the URL for the Transition Book for the George W. Bush Presidency to the Barack H. Obama Presidency for FEMA and we will be discussing the evolution of this documents over time on this blog.

My guess is that many appointees and employees of FEMA have never seen this document before. And as always it has NO identification of authors or contractors who supported its production.

My good friend Steve Afergood of the Federation of American Scientists was good enough to scan it and give it a URL. So many thanks Stever for this and other courtesies you have extended to me over time. And of course your Secrecy Archive is helping to preserve our American democracy (Republic)! So thanks for that also.

The URL is as follows:

http://www.fas.org/irp/agency/dhs/fema/transition2009.pdf

Delegations to the Independent FEMA

Presidential Executive Orders Specifically Delegating Program, Function, or Activity Legal Authority to the Independent Executive Branch FEMA
Prior to Incorporation Into DHS on March 1, 2003
[Note some of these EOs listed also delegate to
other Executive Branch Organizations]





Carter Administration:

1. Executive Order 11988 of May 24, 1977, as amended, Floodplain Management, 3 CFR, 1977 Comp., p. 117, 42 U.S.C. §4321 note p.191. (See 44 CFR Part 9)

2. Executive Order 12127 of March 31, 1979, Federal Emergency Management Agency, 3 CFR, 1979 Comp., p. 376. (Implements Reorg. Plan No. 3 of 1978)

3. Executive Order 12148 of July 20, 1979, as amended, Federal emergency management, 3 CFR, 1979 Comp., p. 412. (Implements Reorg. Plan No. 3 of 1978)

4. Executive Order 12241 of September 29, 1980, National Contingency Plan [Radiological Emergencies], 3 CFR, 1980 Comp., p. 282. (Note-Source of FRERP).

Reagan Administration:

1. Executive Order 12472 of April 3, 1984, Assignment of national security and emergency preparedness telecommunications functions, 3 CFR, 1984 Comp., p.193. (See 47 CFR Part 201)

2. Executive Order 12580 of January 23, 1987, as amended, Superfund Implementation, 3 CFR, 1987 Comp., p. 193 (Note: Amended by E.O. 12777 of October 18, 1991, and further amended by E.O. 13016 of August 28, 1996). (See 40 CFR Part 300, currently under revision).

3. Executive Order 12656 of November 18, 1988, Assignment of Emergency Preparedness Responsibilities, 3 CFR, 1988 Comp., p. 585. (See also 47 CFR Part 201)

4. Executive Order 12657 of November 18, 1988, Federal Emergency Management Agency Assistance in Emergency Preparedness Planning at Commercial Nuclear Power Plants, 3 CFR, 1988 Comp., p. 611. (See 44 CFR Part 352)

Bush Administration:

1. Executive Order 12673 of March 23, 1989, Delegation of Disaster Relief and Emergency Assistance Functions, 3 CFR, 1989 Comp., p. 309. (See 44 CFR Part 206)

2. Executive Order 12699 of January 5, 1990, Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction, 3 CFR, 1990 Comp., p. 269.

3. Executive Order 12742 of January 8, 1991, National Security Industrial Responsiveness, 3 CFR, 1991 Comp., p. 309.

Clinton Administration:

1. Executive Order 12919 of June 3, 1994, National Defense Industrial Resources Preparedness, 3 CFR, 1994 Comp., p. 901. (See 15 CFR Part 700, 44 CFR Parts 321- 336)

2. Executive Order 12941 of December 1, 1994, Seismic Safety of Existing Federally Owned or Leased Building, 3 CFR, 1994 Comp. , p. 955.



[Executive Orders serve to delegate legal authority, provide legal interpretation, and provide policy guidance. When issued specifically pursuant to express statutory authority Executive Orders have the force and effect of federal law.]