50 USC 2312 - Sec. 2312. Emergency response assistance program

US Code - Title 50: War and National Defense

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(a) Program required (1) The Secretary of Defense shall carry out a program to provide civilian personnel of Federal, State, and local agencies with training and expert advice regarding emergency responses to a use or threatened use of a weapon of mass destruction or related materials. (2) The President may designate the head of an agency other than the Department of Defense to assume the responsibility for carrying out the program on or after October 1, 1999, and relieve the Secretary of Defense of that responsibility upon the assumption of the responsibility by the designated official. (3) In this section, the official responsible for carrying out the program is referred to as the "lead official". (b) Coordination In carrying out the program, the lead official shall coordinate with each of the following officials who is not serving as the lead official: (1) The Director of the Federal Emergency Management Agency. (2) The Secretary of Energy. (3) The Secretary of Defense. (4) The heads of any other Federal, State, and local government agencies that have an expertise or responsibilities relevant to emergency responses described in subsection (a)(1) of this section. (c) Eligible participants The civilian personnel eligible to receive assistance under the program are civilian personnel of Federal, State, and local agencies who have emergency preparedness responsibilities. (d) Involvement of other Federal agencies (1) The lead official may use personnel and capabilities of Federal agencies outside the agency of the lead official to provide training and expert advice under the program. (2)(A) Personnel used under paragraph (1) shall be personnel who have special skills relevant to the particular assistance that the personnel are to provide. (B) Capabilities used under paragraph (1) shall be capabilities that are especially relevant to the particular assistance for which the capabilities are used. (3) If the lead official is not the Secretary of Defense, and requests assistance from the Department of Defense that, in the judgment of the Secretary of Defense would affect military readiness or adversely affect national security, the Secretary of Defense may appeal the request for Department of Defense assistance by the lead official to the President. (e) Available assistance Assistance available under this program shall include the following: (1) Training in the use, operation, and maintenance of equipment for - (A) detecting a chemical or biological agent or nuclear radiation; (B) monitoring the presence of such an agent or radiation; (C) protecting emergency personnel and the public; and (D) decontamination. (2) Establishment of a designated telephonic link (commonly referred to as a "hot line") to a designated source of relevant data and expert advice for the use of State or local officials responding to emergencies involving a weapon of mass destruction or related materials. (3) Use of the National Guard and other reserve components for purposes authorized under this section that are specified by the lead official (with the concurrence of the Secretary of Defense if the Secretary is not the lead official). (4) Loan of appropriate equipment. (5) A conveyance of ownership of United States property to a State or local government, without cost and without regard to subsection (f) of this section and title II of the Federal Property and Administrative Services Act of 1949 (!1) (or any other provision of law relating to the disposal of property of the United States), if the property is equipment, or equipment and related materials, that is in the possession of the State or local government on December 28, 2001, pursuant to a loan of the property as assistance under this section. (f) Limitations on Department of Defense assistance to law enforcement agencies Assistance provided by the Department of Defense to law enforcement agencies under this section shall be provided under the authority of, and subject to the restrictions provided in, chapter 18 of title 10. (g) Administration of Department of Defense assistance The Secretary of Defense shall designate an official within the Department of Defense to serve as the executive agent of the Secretary for the coordination of the provision of Department of Defense assistance under this section. (h) Funding (1) Of the total amount authorized to be appropriated under section 301,(!1) $35,000,000 is available for the program required under this section. (2) Of the amount available for the program pursuant to paragraph (1), $10,500,000 is available for use by the Secretary of Defense to assist the Secretary of Health and Human Services in the establishment of metropolitan emergency medical response teams (commonly referred to as "Metropolitan Medical Strike Force Teams") to provide medical services that are necessary or potentially necessary by reason of a use or threatened use of a weapon of mass destruction. (3) The amount available for the program under paragraph (1) is in addition to any other amounts authorized to be appropriated for the program under section 301.(!1)

References In Text

The Federal Property and Administrative Services Act of 1949, referred to in subsec. (e)(5), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended.

Title II of the Act, which was classified principally to subchapter II (Secs. 481, 483, 484, 485, 486, 487 to 490, 491, 492 et seq.) of chapter 10 and section 758 of former Title 40, Public Buildings, Property, and Works, was repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304, the first section of which enacted Title 40, Public Buildings, Property, and Works.

For disposition of sections of former Title 40 to revised Title 40, see Table preceding section 101 of Title 40. For complete classification of this Act to the Code, see Tables.

Section 301, referred to in subsec. (h)(1), (3), is section 301 of Pub. L. 104-201, div. A, title III, Sept. 23, 1996, 110 Stat. 2475, which is not classified to the Code.

Amendments

2001 - Subsec. (e)(5). Pub. L. 107-107 added par. (5).

Transfer Of Functions

For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 313(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Transfer Of Technology Items And Equipment In Support Of Homeland

SECURITY Pub. L. 107-314, div. A, title XIV, Sec. 1401, Dec. 2, 2002, 116 Stat. 2674, provided that: "(a) Responsible Senior Official. - The Secretary of Defense shall designate a senior official of the Department of Defense to coordinate all Department of Defense efforts to identify, evaluate, deploy, and transfer to Federal, State, and local first responders technology items and equipment in support of homeland security. "(b) Duties. - The official designated pursuant to subsection (a) shall - "(1) identify technology items and equipment developed or being developed by Department of Defense components that have the potential to enhance public safety and improve homeland security; "(2) cooperate with appropriate Federal Government officials outside the Department of Defense to evaluate whether such technology items and equipment would be useful to first responders; "(3) facilitate the timely transfer, through identification of appropriate private sector manufacturers, of appropriate technology items and equipment to Federal, State, and local first responders, in coordination with appropriate Federal Government officials outside the Department of Defense; "(4) identify and eliminate redundant and unnecessary research efforts within the Department of Defense with respect to technologies to be deployed to first responders; "(5) expedite the advancement of high priority Department of Defense projects from research through implementation of initial manufacturing; and "(6) participate in outreach programs established by appropriate Federal Government officials outside the Department of Defense to communicate with first responders and to facilitate awareness of available technology items and equipment to support responses to crises. "(c) Support Agreement. - The official designated pursuant to subsection (a) shall enter into an appropriate agreement with a nongovernment entity for such entity to assist the official designated under subsection (a) in carrying out that official's duties under this section.

Any such agreement shall be entered into using competitive procedures in compliance with applicable requirements of law and regulation. "(d) Report. - Not later than 180 days after the date of the enactment of this Act [Dec. 2, 2002], the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the actions taken to carry out this section.

The report shall include the following: "(1) Identification of the senior official designated pursuant to subsection (a). "(2) A summary of the actions taken or planned to be taken to implement subsection (b), including a schedule for planned actions. "(3) An initial list of technology items and equipment identified pursuant to subsection (b)(1), together with a summary of any program schedule for the development, deployment, or transfer of such items and equipment. "(4) A description of any agreement entered into pursuant to subsection (c)."

(!1) See References in Text note below.