(2) to authorize an Office of Environmental Quality, which, notwithstanding any other provision of law, shall provide the professional and administrative staff for the Council on Environmental Quality established by Public Law 91-190. (Pub. L. 91-224, title II, § 202, Apr. 3, 1970, 84 Stat. 114.)

REFERENCES IN TEXT

Pub. L. 91-190, referred to in subsec. (c), is classified to section 4321 et seq. of this title. See Short Title note set out under section 4321 of this title.

SHORT TITLE

Section 201 of Pub. L. 91-224 provided that: "This title [enacting this chapter] may be cited as the 'Environmental Quality Improvement Act of 1970'." § 4372. Office of Environmental Quality.

(a) Establishment; Director; Deputy Director.

There is established in the Executive Office of the President an office to be known as the Office of Environmental Quality (hereafter in this chapter referred to as the "Office"). The Chairman of the Council on Environmental Quality established by Public Law 91-190 shall be the Director of the Office. There shall be in the Office a Deputy Director who shall be appointed by the President, by and with the advice and consent of the Senate.

(b) Compensation of Deputy Director.

The compensation of the Deputy Director shall be fixed by the President at a rate not in excess of the annual rate of compensation payable to the Deputy Director of the Office of Management and Budget. (c) Employment of personnel, experts, and consultants; compensation.

The Director is authorized to employ such officers and employees (including experts and consultants) as may be necessary to enable the Office to carry out its functions under this chapter and Public Law 91190, except that he may employ no more than ten specialists and other experts without regard to the provisions of Title 5, governing appointments in the competitive service, and pay such specialists and experts without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, but no such specialist or expert shall be paid at a rate in excess of the maximum rate for GS-18 of the General Schedule under section 5332 of Title 5. (d) Duties and functions of Director.

In carrying out his functions the Director shall assist and advise the President on policies and programs of the Federal Government affecting environmental quality by

(1) providing the professional and administrative staff and support for the Council on Environmental Quality established by Public Law 91-190. (2) assisting the Federal agencies and departments in appraising the effectiveness of existing and proposed facilities, programs, policies, and activities of the Federal Government, and those specific major projects designated by the President which do not require individual project authorization by Congress, which affect environmental quality;

(3) reviewing the adequacy of existing systems for monitoring and predicting environmental

changes in order to achieve effective coverage and efficient use of research facilities and other resources;

(4) promoting the advancement of scientific knowledge of the effects of actions and technology on the environment and encourage the development of the means to prevent or reduce adverse effects that endanger the health and well-being of man;

(5) assisting in coordinating among the Federal departments and agencies those programs and activities which affect, protect, and improve environmental quality;

(6) assisting the Federal departments and agencies in the development and interrelationship of environmental quality criteria and standards established through the Federal Government;

(7) collecting, collating, analyzing, and interpreting data and information on environmental quality, ecological research, and evaluation.

(e) Authority of Director to contract.

The Director is authorized to contract with public or private agencies, institutions, and organizations and with individuals without regard to section 529 of Title 31 and section 5 of Title 41 in carrying out his functions. (Pub. L. 91-224, title II, § 203, Apr. 3, 1970, 84 Stat. 114; 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat.-.)

REFERENCES IN TEXT

Pub. L. 91-190, referred to in the text, is classified to to section 4321 et seq. of this title. See Short Title note set out under section 4321 of this title.

CHANGE OF NAME

The Bureau of the Budget was designated the Office of Management and Budget and the offices of Director of the Bureau of the Budget, Deputy Director of the Bureau of the Budget, and Assistant Directors of the Bureau of the Budget were designated Director of the Office of Management and Budget, Deputy Director of the Office of Management and Budget, and Assistant Directors of the Office of Management and Budget, respectively, by Reorg. Plan No. 2 of 1970, set out in the Appendix to Title 5, Government Organization and Employees, which also transferred all records, property, personnel, and funds of the Bureau to the Office of Management and Budget. § 4373. Referral of Environmental Quality Reports to standing committees having jurisdiction.

Each Environmental Quality Report required by Public Law 91-190 shall, upon transmittal to Congress, be referred to each standing committee having jurisdiction over any part of the subject matter of the Report. (Pub. L. 91-224, title II, § 204, Apr. 3, 1970, 84 Stat. 115.)

REFERENCES IN TEXT

Pub. L. 91-190, referred to in the text, is classified to to section 4321 et seq. of this title. See Short Title note set out under section 4321 of this title.

§ 4374. Authorization of appropriations.

There are hereby authorized to be appropriated not to exceed $500,000 for the fiscal year ending June 30, 1970, not to exceed $750,000 for the fiscal year ending June 30, 1971, not to exceed $1,250,000 for the fiscal year ending June 30, 1972, and not to exceed $1,500,000 for the fiscal year ending June 30, 1973. These authorizations are in addition to those contained in Public Law 91-190. (Pub. L. 91-224, title II, § 205, Apr. 3, 1970, 84 Stat. 115.)

§ 4391. Congressional statement of findings.

The Congress finds that there is general agreement that air, water, and other common environmental pollution may be hazardous to the health of individuals resident in the United States, but that despite the existence of various research papers and other technical reports on the health hazards of such pollution, there is no authoritative source of information about (1) the nature and gravity of these hazards, (2) the availability of medical and other assistance to persons affected by such pollution, especially when such pollution reaches emergency levels, and (3) the measures, other than those relating solely to abatement of the pollution, that may be taken to avoid or reduce the effects of such pollution on the health of individuals. (Pub. L. 91515, title V, § 501(a), Oct. 30, 1970, 84 Stat. 1309.)

§ 4392. Presidential study.

The President shall immediately commence (1) a study of the nature and gravity of the hazards to human health and safety created by air, water, and other common environmental pollution, (2) a survey of the medical and other assistance available to persons affected by such pollution, especially when such pollution reaches emergency levels, and (3) a survey of the measures, other than those relating solely to abatement of the pollution, that may be taken to avoid or reduce the effects of such pollution on the health of individuals. (Pub. L. 91-515, title V, § 501(b), Oct. 30, 1970, 84 Stat. 1310.)

SECTION REFERRED TO IN OTHER SECTIONS

§ 4394. Supplemental reports by President.

The President shall, within one year of his transmittal to the Congress of the report required by section 4393 of this title, and annually thereafter, supplement that report with such new data, evaluations, or recommendations as he may deem appropriate. (Pub. L. 91-515, title V, § 501 (d), Oct. 30, 1970, 84 Stat. 1310.)

§ 4395. Authorization of appropriations.

There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this chapter. (Pub. L. 91-515, title V, § 501 (e), Oct. 30, 1970, 84 Stat. 1310.)

The President shall, within nine months of October 30, 1970, transmit to the Congress a report of the study and surveys required by section 4392 of this title, including (1) his conclusions regarding the nature and gravity of the hazards to human health and safety created by environmental pollution, (2) his evaluation of the medical and other assistance available to persons affected by such pollution, especially when such pollution reaches emergency levels, (3) his assessment of the measures, other than those relating solely to abatement of the pollution, that may be taken to avoid or reduce the effects of such pollution on the health of individuals, and (4) such legislative or other recommendations as he may deem appropriate. (Pub. L. 91-515, title V, § 501(c), Oct. 30, 1970, 84 Stat. 1310.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4394 of this title.

4434.

4435.

Predisaster assistance.

Emergency communications.

Emergency transportation.

Removal of debris; grants to States; indemnity

of Federal Government from liability.

Fire suppression.

§ 4401. Congressional findings and declarations.

(a) The Congress hereby finds and declares that

(1) because loss of life, human suffering, loss of income, and property loss and damage result from major disasters such as hurricanes, tornadoes, storms, floods, high waters, wind-driven waters, tidal waves, earthquakes, droughts, fires, and other catastrophes; and

(2) because such disasters disrupt the normal functioning of government and the community, and adversely affect individual persons and families with great severity;

special measures, designed to assist the efforts of the affected States in expediting the rendering of aid, assistance, and emergency welfare services, and the reconstruction and rehabilitation of devastated areas, are necessary.

(b) It is the intent of the Congress, by this chapter, to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from such disasters by

(1) revising and broadening the scope of existing major disaster relief programs;

(2) encouraging the development of comprehensive disaster relief plans, programs, and organizations by the States; and

(3) achieving greater coordination and responsiveness of Federal major disaster relief programs. (Pub. L. 91-606, title I, § 101, Dec. 31, 1970, 84 Stat. 1744.)

EFFECTIVE DATE

Section 304 of Pub. L. 91-606 provided that: "This Act [enacting this chapter, amending sections 1706c, 1709, 17151 of Title 12, sections 241-1, 646 and 758 of Title 20, sections 165, 5064 and 5708 of Title 26, section 1820 of Title 38, section 461 of Title 40, section 1681 note of this title, repealing sections 1855 to 1855g, 1855aa, 1855aa note, 1855bb to 185511, 1855aaa, 1855aaa note, 1855bbb to 1855nnn of this title and section 1926 (c) of Title 7, and enacting provisions set out as notes under this section and section 4434 of this title] shall take effect immediately upon its enactment [December 31, 1970] except that sections 226(b), 237, 241, 252(a), and 254 [sections 4436(b), 4456, 4460, 4482(a), and 4484 of this title, respectively] shall take effect as of August 1,

1969, and sections 231, 232, and 233 [sections 4451, 4452 of this title and amendments to section 1820 of Title 38, respectively] shall take effect as of April 1, 1970." SHORT TITLE

Section 1 of Pub. L. 91-606 provided: "That this Act [enacting this chapter, amending sections 1706c, 1709, 17151 of Title 12, sections 241-1, 646 and 758 of Title 20, sections 165, 5064, and 5708 of Title 26, section 1820 of Title 38, section 461 of Title 40, section 1681 note of this title, repealing sections 1855 to 1855g, 1855aa, 1855aa note, 1855bb to 185511, 1855aaa, 1855aaa note, 185bbb to 1855nnn of this title and section 1926(c) of Title 7, and enacting provisions set out as notes under this section and section 4434 of this title] may be cited as the 'Disaster Relief Act of 1970'."

APPLICABLE LAW

Section 301 (1) of Pub. L. 91-606 provided that: "Whenever reference is made in any provision of law (other than this Act) [this chapter], regulation, rule, record, or document of the United States to the Act of September 30, 1950 (64 Stat. 1109) [former sections 1855 to 1855g of this title], or any provision of such Act, such reference shall be deemed to be a reference to the Disaster Relief Act of 1970 [this chapter] or to the appropriate provision of the Disaster Relief Act of 1970 unless no such provision is included therein."

§ 4402. Definitions.

As used in this chapter

(1) "major disaster" means any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, drought, fire, or other catastrophe in any part of the United States, which, in the determination of the President, is or threatens to be of sufficient severity and magnitude to warrant disaster assistance by the Federal Government to supplement the efforts and available resources of States, local governments, and relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby, and with respect to which the Governor of any State in which such catastrophe occurs or threatens to occur certifies the need for Federal disaster assistance under this chapter and gives assurance of the expenditure of a reasonable amount of the funds of such State, its local governments, or other agencies for alleviating the damage, loss, hardship or suffering resulting from such catastrophe;

(2) "United States" means the fifty States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands;

(3) "State" means any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, or the Trust Territory of the Pacific Islands;

(4) "Governor" means the chief executive of any State;

(5) "local government" means any county, city, village, town, district, or other political subdivision of any State, and includes any rural community or unincorporated town or village for which an application for assistance is made by a State or political subdivision thereof;

(6) "Federal agency" means any department, independent establishment, Government corporation, or other agency of the executive branch of the Federal Government, except the American National Red Cross; and

(7) "Director" means the Director of the Office of Emergency Preparedness.

(Pub. L. 91-606, title I, § 102, Dec. 31, 1970, 84 Stat. 1745.)

EFFECTIVE DATE

Section effective Dec. 31, 1970, see section 304 of Pub. L. 91-606, set out as a note under section 4401 of this title.

SUBCHAPTER II.-ADMINISTRATION OF DISASTER ASSISTANCE

Ex. ORD. No. 11526. NATIONAL COUNCIL ON FEDERAL DISASTER ASSISTANCE

Ex. Ord. No. 11526, Apr. 22, 1970, 35 F.R. 6569, provided: WHEREAS the Congress has enacted a number of statutory provisions authorizing Federal assistance to areas devastated by large-scale disasters; and

WHEREAS the Federal Disaster Act (P.L. 81-875), the Federal Disaster Relief Act of 1966 (P.L. 89-769), and the Disaster Relief Act of 1969 (P.L. 91-79) are, pursuant to delegations of authority by the President, administered by the Director of the Office of Emergency Preparedness; and

WHEREAS the Departments of Defense, the Interior, Commerce, Agriculture, Labor, Health, Education, and Welfare, Housing and Urban Development, and Transportation, and the Small Business Administration and the Office of Economic Opportunity, also administer important disaster assistance programs; and

WHEREAS a prompt and effective Federal response to a major disaster requires coordinated action by all of the Federal agencies involved; and

WHEREAS Federal coordination will be served by the establishment of a National Council on Federal Disaster Assistance:

NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, it is ordered as follows:

SECTION 1. Establishment of Council. (a) There is hereby established the National Council on Federal Disaster Assistance (hereinafter referred to as the "Council") which shall be composed of the Director of the Office of Emergency Preparedness, who shall be the Chairman of the Council, and policy level representatives of the Departments of Defense, the Interior, Agriculture, Commerce, Labor, Health, Education, and Welfare, Housing and Urban Development, and Transportation, and of the Small Business Administration and the Office of Economic Opportunity, and such other members as the President may from time to time designate.

(b) Representatives of other Federal departments or agencies, officials of State and local governments, and private citizens may be invited by the Chairman to participate in the deliberations of the Council.

SEC. 2. Functions of the Council. The Council shall advise and assist the Director of the Office of Emergency Preparedness in:

(a) Insuring that Federal agencies furnish necessary assistance following a large-scale disaster on a priority basis to the Federal Coordinating Officer appointed by the President to operate under the Director, Office of Emergency Preparedness, pursuant to Section 9 of the Disaster Relief Act of 1969;

(b) Developing policies and programs to provide a strong and integrated total Federal disaster assistance effort;

(c) Stimulating cooperation and the sharing of data, views and information concerning disaster assistance among Federal agencies, State and local governments, and private organizations having disaster assistance responsibilities and interests;

(d) Facilitating cooperation among Federal, State, and local governments with special concern for the maintenance of local initiative and decision making with respect to emergency restoration and rebuilding programs;

(e) Promoting the participation of Federal agencies in providing Federal assistance for rebuilding efforts;

(f) Encouraging research on means of preventing disasters and ameliorating the effects of those that occur; (g) Reviewing, from time to time, the effectiveness of the Federal disaster assistance programs and suggesting needed changes.

SEC. 3. Assistance to the Council. Consistent with law, the Office of Emergency Preparedness shall provide staff and other assistance to the Council, and Executive departments and agencies shall furnish to the Council such available information as the Council may require in performance of its functions.

SEC. 4. Construction. Nothing in this order shall be construed as subjecting any Federal agency or officer, or any function vested by law in, or assigned pursuant to law to, any Federal agency or officer, to the authority of the Council or of any other agency or officer or as abrogating any such function in any manner.

RICHARD NIXON

EX. ORD. No. 11575. ADMINISTRATION OF CHAPTER Ex. Ord. No. 11575, Dec. 31, 1970, 36 F.R. 37, provided: By virtue of the authority vested in me by the Disaster Relief Act of 1970, hereinafter referred to as the Act [this chapter], and section 301 of title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows:

SECTION 1. (a) The authorities vested in the President by section 102(1) of the Act [section 4402(1) of this title] to declare a major disaster, by section 251 of the Act [section 4481 of this title] to provide for the restoration of Federal facilities, and by section 253 of the Act [section 4483 of this title] to prescribe time limits for granting priorities for certain public facilities and certain public housing assistance are reserved to the President.

(b) Except as otherwise provided in subsections (a), (c), and (d) of this section, the Director of the Office of Emergency Preparedness is designated and empowered to exercise, without the approval, ratification, or other action of the President, all of the authority vested in the President by the Act.

(c) The Secretary of Defense is designated and empowered to exercise, without the approval, ratification, or other action of the President, all of the authority vested in the President by section 210 of the Act [section 4420 of this title] concerning the utilization and availability of the civil defense communications system for the purpose of disaster warnings.

(d) The Secretary of Agriculture is designated and empowered to exercise, without the approval, ratification, or other action of the President, all of the authority vested in the President by section 238 of the Act [section 4457 of this title] concerning food coupons and surplus commodities.

SEC. 2. The Director of the Office of Emergency Preparedness may delegate or assign to the head of any agency of the executive branch of the Government, subject to the consent of the agency head concerned in each case, any authority or function delegated or assigned to the Director by the provisions of this order. Any such head of agency may redelegate any authority or function so delegated or assigned to him by the Director to any officer or employee subordinate to such head of agency whose appointment is required to be made by and with the advice and consent of the Senate.

SEC. 3. Rules, regulations, procedures, and documents issued under the authority of the Act of September 30, 1950 (64 Stat. 1109); the Disaster Relief Act of 1966 (80 Stat. 1316); and the Disaster Relief Act of 1969 (83 Stat. 125) shall remain in effect for purposes of the Act unless otherwise modified, superseded, or revoked by the appropriate Federal official, and, unless inappropriate, all references in those rules, regulations, procedures, and documents or in any Executive order or other document to the Act of September 30, 1950, the Disaster Relief Act of 1966, or the Disaster Relief Act of 1969 shall be deemed to be references to the Act.

SEC. 4. In order to assure the most effective utilization of the personnel, equipment, supplies, facilities, and other resources of Federal agencies pursuant to the Act, agencies, shall make and maintain suitable plans and preparations in anticipation of their responsibilities in the

event of a major disaster. The Director of the Office of Emergency Preparedness shall coordinate, on behalf of the President, such plans and preparations.

SEC. 5. Executive Order No. 10427 of January 16, 1953, Executive Order No. 10737 of October 29, 1957, and Executive Order No. 11495 of November 18, 1969, are hereby revoked. Unless inappropriate, any reference to those Executive orders in any rule, regulation, procedure, document, or other Executive order, shall be deemed to be a reference to this Executive order.

RICHARD NIXON

§ 4411. Federal coordinating officer; appointment; functions.

(a) Immediately upon his designation of a major disaster area, the President shall appoint a Federal coordinating officer to operate under the Office of Emergency Preparedness in such area.

(b) In order to effectuate the purposes of this chapter, the coordinating officer, within the designated area, shall

(1) make an initial appraisal of the types of relief most urgently needed;

(2) establish such field offices as he deems nececessary and as are authorized by the Director;

(3) coordinate the administration of relief, including activities of the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief or disaster assistance organizations which agree to operate under his advice or direction, except that nothing contained in this chapter shall limit or in any way affect the responsibilities of the American National Red Cross under chapter 1 of Title 36; and (4) take such other action, consistent with authority delegated to him by the Director, and consistent with the provisions of this chapter, as he may deem necessary to assist local citizens and public officials in promptly obtaining assistance to which they are entitled.

(Pub. L. 91-606, title II, § 201, Dec. 31, 1970, 84 Stat. 1746.)

EFFECTIVE DATE

Section effective Dec. 31, 1970, see section 304 of Pub. L. 91-606, set out as a note under section 4401 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4412 of this title.

§ 4412. Emergency support teams; detail of personnel of Federal department or agency.

The Director is authorized to form emergency support teams of Federal personnel to be deployed in a major disaster area. Such emergency support teams shall assist the Federal coordinating officer in carrying out his responsibilities pursuant to section 4411(b) of this title. Upon request of the Director, the head of any Federal department or agency is authorized to detail to temporary duty with the emergency support teams on either a reimbursable or nonreimbursable basis, as is determined necessary by the discretion of the Director, such personnel within the administrative jurisdiction of the head of the Federal department or agency as the Director may need or believe to be useful for carrying out the functions of the emergency support teams, each such detail to be without loss of seniority, pay, or other employee status. (Pub. L. 91-606, title II, § 202, Dec. 31, 1970, 84 Stat. 1746.)

EFFECTIVE DATE

Section effective Dec. 31, 1970, see section 304 of Pub. L. 91-606, set out as a note under section 4401 of this title. § 4413. Cooperation of Federal agencies in rendering emergency assistance.

(a) Scope of services.

In any major disaster, Federal agencies are hereby authorized, on direction of the President, to provide assistance by

(1) utilizing or lending, with or without compensation therefor, to States and local governments, their equipment, supplies, facilities, personnel, and other resources, other than the extension of credit under the authority of any Act;

(2) distributing or rendering, through the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief and disaster assistance organizations, or otherwise, medicine, food, and other consumable supplies, or emergency assistance;

(3) donating or lending equipment and supplies determined in accordance with applicable laws to be surplus to the needs and responsibilities of the Federal Government to State and local governments for use or distribution by them for the purposes of this chapter; and

(4) performing on public or private lands or waters any emergency work essential for the protection and preservation of life and property, including

(A) clearing and removing debris and wreckage in accordance with section 4434 of this title;

(B) making repairs to, restoring to service, or replacing public facilities (including street, road, and highway facilities) of State and local governments damaged or destroyed by a major disaster, except that the Federal contributions therefor shall not exceed the net cost of restoring each such facility on the basis of the design of such facility as it existed immediately prior to the disaster in conformity with current codes, specifications, and standards;

(C) providing emergency shelter for individuals and families who, as a result of a major disaster, require such assistance; and

(D) making contributions to State or local governments for the purpose of carrying out the provisions of paragraph (4)

(b) Other Federal assistance not precluded.

Emergency work performed under subsection (a) (4) of this section shall not preclude Federal assistance under any other section of this chapter. (c) Reimbursement.

Federal agencies may be reimbursed for expenditures under this chapter from funds appropriated for the purposes of this chapter. Any funds received by Federal agencies as reimbursement for services or supplies furnished under the authority of this section shall be deposited to the credit of the appropriation or appropriations currently available for such services or supplies.

(d) Liability of Federal Government.

The Federal Government shall not be liable for any claim based upon the exercise or performance or the failure to exercise or perform a discretionary