(Pub. L. 107–296, title V, § 504, formerly § 502,Nov. 25, 2002, 116 Stat. 2212; Pub. L. 108–276, § 3(b)(1),July 21, 2004, 118 Stat. 852; Pub. L. 108–458, title VII, § 7303(h)(1),Dec. 17, 2004, 118 Stat. 3846; renumbered § 504 and amended Pub. L. 109–295, title VI, § 611(8), (12),Oct. 4, 2006, 120 Stat. 1395, 1398; Pub. L. 109–417, title III, § 301(c)(1),Dec. 19, 2006, 120 Stat. 2854.)
References in Text
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (a)(8), is Pub. L. 93–288
, May 22, 1974, 88 Stat. 143
, as amended, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section
Section was formerly classified to section
of this title prior to renumbering by Pub. L. 109–295
A prior section 504 ofPub. L. 107–296
was renumbered section
517 and is classified to section
of this title.
2006—Pub. L. 109–295
, § 611(12)(A), (B), inserted “Authority and” before “responsibilities” in section catchline, designated existing provisions as subsec. (a), inserted subsec. heading, and substituted “The Administrator shall provide Federal leadership necessary to prepare for, protect against, respond to, recover from, or mitigate against a natural disaster, act of terrorism, or other man-made disaster, including—” for “The Secretary, acting through the Under Secretary for Emergency Preparedness and Response, shall include—” in introductory provisions.
Subsec. (a)(3)(B). Pub. L. 109–417
, which directed that section 502(3)(B) ofPub. L. 107–296
be amended by striking “, the National Disaster Medical System,”, was executed by striking those words after “Domestic Emergency Support Team” in subsec. (a)(3)(B) of this section, to reflect the probable intent of Congress and the redesignation of section
504(a)(3)(B) by Pub. L. 109–295
, § 611(8), (12)(B). See credits and Amendment note above.
Subsec. (a)(7) to (21). Pub. L. 109–295
, § 611(12)(C), (D), added pars. (7) to (21) and struck out former par. (7) which read as follows: “helping to ensure that emergency response providers acquire interoperable communications technology.”
Subsec. (b). Pub. L. 109–295
, § 611(12)(D), added subsec. (b).
2004—Par. (3)(B). Pub. L. 108–276
, § 3(b)(1)(A), struck out “the Strategic National Stockpile,” after “Domestic Emergency Support Team,”.
Par. (3)(D). Pub. L. 108–276
, § 3(b)(1)(B), inserted “, including requiring deployment of the Strategic National Stockpile,” after “resources”.
Par. (7). Pub. L. 108–458
struck out “developing comprehensive programs for developing interoperative communications technology, and” before “helping” and substituted “acquire interoperable communications technology” for “acquire such technology”.
Effective Date of 2006 Amendment
Pub. L. 109–417
, title III, § 301(f),Dec. 19, 2006, 120 Stat. 2855
, provided that: “The amendments made by subsections (b) and (c) [amending this section and former section
of this title and enacting provisions set out as a note under section
, The Public Health and Welfare] shall take effect on January 1, 2007.”
Amendment by section 611(12) ofPub. L. 109–295
effective Mar. 31, 2007, see section 614(b)(2) ofPub. L. 109–295
, set out as an Effective Date note under section
of this title.
Ex. Ord. No. 13347. Individuals With Disabilities in Emergency Preparedness
Ex. Ord. No. 13347, July 22, 2004, 69
By the authority vested in me as President by the Constitution and the laws of the United States of America, and to strengthen emergency preparedness with respect to individuals with disabilities, it is hereby ordered as follows:
Section 1. Policy. To ensure that the Federal Government appropriately supports safety and security for individuals with disabilities in situations involving disasters, including earthquakes, tornadoes, fires, floods, hurricanes, and acts of terrorism, it shall be the policy of the United States that executive departments and agencies of the Federal Government (agencies):
(a) consider, in their emergency preparedness planning, the unique needs of agency employees with disabilities and individuals with disabilities whom the agency serves;
(b) encourage, including through the provision of technical assistance, as appropriate, consideration of the unique needs of employees and individuals with disabilities served by State, local, and tribal governments and private organizations and individuals in emergency preparedness planning; and
(c) facilitate cooperation among Federal, State, local, and tribal governments and private organizations and individuals in the implementation of emergency preparedness plans as they relate to individuals with disabilities.
Sec. 2. Establishment of Council. (a) There is hereby established, within the Department of Homeland Security for administrative purposes, the Interagency Coordinating Council on Emergency Preparedness and Individuals with Disabilities (the “Council”). The Council shall consist exclusively of the following members or their designees:
(i) the heads of executive departments, the Administrator of the Environmental Protection Agency, the Administrator of General Services, the Director of the Office of Personnel Management, and the Commissioner of Social Security; and
(ii) any other agency head as the Secretary of Homeland Security may, with the concurrence of the agency head, designate.
(b) The Secretary of Homeland Security shall chair the Council, convene and preside at its meetings, determine its agenda, direct its work, and, as appropriate to particular subject matters, establish and direct subgroups of the Council, which shall consist exclusively of Council members.
(c) A member of the Council may designate, to perform the Council functions of the member, an employee of the member’s department or agency who is either an officer of the United States appointed by the President, or a full-time employee serving in a position with pay equal to or greater than the minimum rate payable for GS–15 of the General Schedule.
Sec. 3. Functions of Council. (a) The Council shall:
(i) coordinate implementation by agencies of the policy set forth in section 1 of this order;
(ii) whenever the Council obtains in the performance of its functions information or advice from any individual who is not a full-time or permanent part-time Federal employee, obtain such information and advice only in a manner that seeks individual advice and does not involve collective judgment or consensus advice or deliberation; and
(iii) at the request of any agency head (or the agency head’s designee under section 2(c) of this order) who is a member of the Council, unless the Secretary of Homeland Security declines the request, promptly review and provide advice, for the purpose of furthering the policy set forth in section
1, on a proposed action by that agency.
(b) The Council shall submit to the President each year beginning 1 year after the date of this order, through the Assistant to the President for Homeland Security, a report that describes:
(i) the achievements of the Council in implementing the policy set forth in section
(ii) the best practices among Federal, State, local, and tribal governments and private organizations and individuals for emergency preparedness planning with respect to individuals with disabilities; and
(iii) recommendations of the Council for advancing the policy set forth in section
Sec. 4. General. (a) To the extent permitted by law:
(i) agencies shall assist and provide information to the Council for the performance of its functions under this order; and
(ii) the Department of Homeland Security shall provide funding and administrative support for the Council.
(b) Nothing in this order shall be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals.
(c) This order is intended only to improve the internal management of the executive branch and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, instrumentalities, or entities, its officers or employees, or any other person.
George W. Bush.