42 U.S.C. § 5195c — Critical infrastructures protection

Page 6457 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5195c § 5195c. Critical infrastructures protection (a) Short title This section may be cited as the ‘‘Critical In- frastructures Protection Act of 2001’’. (b) Findings Congress makes the following findings: (1) The information revolution has trans- formed the conduct of business and the oper- ations of government as well as the infrastruc- ture relied upon for the defense and national security of the United States. (2) Private business, government, and the national security apparatus increasingly de- pend on an interdependent network of critical physical and information infrastructures, in- cluding telecommunications, energy, financial services, water, and transportation sectors. (3) A continuous national effort is required to ensure the reliable provision of cyber and physical infrastructure services critical to maintaining the national defense, continuity of government, economic prosperity, and qual- ity of life in the United States. (4) This national effort requires extensive modeling and analytic capabilities for pur- poses of evaluating appropriate mechanisms to ensure the stability of these complex and interdependent systems, and to underpin pol- icy recommendations, so as to achieve the continuous viability and adequate protection of the critical infrastructure of the Nation. (c) Policy of the United States It is the policy of the United States— (1) that any physical or virtual disruption of the operation of the critical infrastructures of the United States be rare, brief, geographi- cally limited in effect, manageable, and mini- mally detrimental to the economy, human and government services, and national security of the United States; (2) that actions necessary to achieve the pol- icy stated in paragraph (1) be carried out in a public-private partnership involving corporate and non-governmental organizations; and (3) to have in place a comprehensive and ef- fective program to ensure the continuity of es- sential Federal Government functions under all circumstances. (d) Establishment of national competence for critical infrastructure protection (1) Support of critical infrastructure protec- tion and continuity by National Infrastruc- ture Simulation and Analysis Center There shall be established the National In- frastructure Simulation and Analysis Center (NISAC) to serve as a source of national com- petence to address critical infrastructure pro- tection and continuity through support for ac- tivities related to counterterrorism, threat as- sessment, and risk mitigation. (2) Particular support The support provided under paragraph (1) shall include the following: (A) Modeling, simulation, and analysis of the systems comprising critical infrastruc- tures, including cyber infrastructure, tele- communications infrastructure, and phys- ical infrastructure, in order to enhance un- derstanding of the large-scale complexity of such systems and to facilitate modification of such systems to mitigate the threats to such systems and to critical infrastructures generally. (B) Acquisition from State and local gov- ernments and the private sector of data nec- essary to create and maintain models of such systems and of critical infrastructures generally. (C) Utilization of modeling, simulation, and analysis under subparagraph (A) to pro- vide education and training to policymakers on matters relating to— (i) the analysis conducted under that subparagraph; (ii) the implications of unintended or un- intentional disturbances to critical infra- structures; and (iii) responses to incidents or crises in- volving critical infrastructures, including the continuity of government and private sector activities through and after such in- cidents or crises. (D) Utilization of modeling, simulation, and analysis under subparagraph (A) to pro- vide recommendations to policymakers, and to departments and agencies of the Federal Government and private sector persons and entities upon request, regarding means of enhancing the stability of, and preserving, critical infrastructures. (3) Recipient of certain support Modeling, simulation, and analysis provided under this subsection shall be provided, in par- ticular, to relevant Federal, State, and local entities responsible for critical infrastructure protection and policy. (e) Critical infrastructure defined In this section, the term ‘‘critical infrastruc- ture’’ means systems and assets, whether phys- ical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters. (f) Authorization of appropriations There is hereby authorized for the Department of Defense for fiscal year 2002, $20,000,000 for the Defense Threat Reduction Agency for activities of the National Infrastructure Simulation and Analysis Center under this section in that fiscal year. (Pub. L. 107–56, title X, § 1016, Oct. 26, 2001, 115 Stat. 400.) Editorial Notes CODIFICATION Section was enacted as the Critical Infrastructures Protection Act of 2001 and also as part of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 or USA PATRIOT Act, and not as part of the Robert T. Stafford Disaster Relief and Emergency As- sistance Act which comprises this chapter. Page 6458 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5196 Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the National Infrastructure Simulation and Analysis Center of the Department of Energy, includ- ing the functions of the Secretary of Energy relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 121(g)(4), 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. PART A—POWERS AND DUTIES § 5196. Detailed functions of administration (a) In general In order to carry out the policy described in section 5195 of this title, the Administrator shall have the authorities provided in this section. (b) Federal emergency response plans and pro- grams The Administrator may prepare Federal re- sponse plans and programs for the emergency preparedness of the United States and sponsor and direct such plans and programs. To prepare such plans and programs and coordinate such plans and programs with State efforts, the Ad- ministrator may request such reports on State plans and operations for emergency prepared- ness as may be necessary to keep the President, Congress, and the States advised of the status of emergency preparedness in the United States. (c) Delegation of emergency preparedness re- sponsibilities With the approval of the President, the Ad- ministrator may delegate to other departments and agencies of the Federal Government appro- priate emergency preparedness responsibilities and review and coordinate the emergency pre- paredness activities of the departments and agencies with each other and with the activities of the States and neighboring countries. (d) Communications and warnings The Administrator may make appropriate pro- vision for necessary emergency preparedness communications and for dissemination of warn- ings to the civilian population of a hazard. (e) Emergency preparedness measures The Administrator may study and develop emergency preparedness measures designed to afford adequate protection of life and property, including— (1) research and studies as to the best meth- ods of treating the effects of hazards; (2) developing shelter designs and materials for protective covering or construction; (3) developing equipment or facilities and ef- fecting the standardization thereof to meet emergency preparedness requirements; and (4) plans that take into account the needs of individuals with pets and service animals prior to, during, and following a major disaster or emergency. (f) Training programs (1) The Administrator may— (A) conduct or arrange, by contract or other- wise, for training programs for the instruction of emergency preparedness officials and other persons in the organization, operation, and techniques of emergency preparedness; (B) conduct or operate schools or including the payment of travel expenses, in accordance with subchapter I of chapter 57 of title 5 and the Standardized Government Travel Regula- tions, and per diem allowances, in lieu of sub- sistence for trainees in attendance or the fur- nishing of subsistence and quarters for train- ees and instructors on terms prescribed by the Administrator; and (C) provide instructors and training aids as necessary. (2) The terms prescribed by the Administrator for the payment of travel expenses and per diem allowances authorized by this subsection shall include a provision that such payment shall not exceed one-half of the total cost of such ex- penses. (3) The Administrator may lease real property required for the purpose of carrying out this subsection, but may not acquire fee title to property unless specifically authorized by law. (g) Public dissemination of emergency prepared- ness information The Administrator may publicly disseminate appropriate emergency preparedness informa- tion by all appropriate means. (h) Emergency preparedness compacts (1) The Administrator shall establish a pro- gram supporting the development of emergency preparedness compacts for acts of terrorism, dis- asters, and emergencies throughout the Nation, by— (A) identifying and cataloging existing emergency preparedness compacts for acts of terrorism, disasters, and emergencies at the State and local levels of government; (B) disseminating to State and local govern- ments examples of best practices in the devel- opment of emergency preparedness compacts and models of existing emergency prepared- ness compacts, including agreements involv- ing interstate jurisdictions; and (C) completing an inventory of Federal re- sponse capabilities for acts of terrorism, disas- ters, and emergencies, making such inventory available to appropriate Federal, State, and local government officials, and ensuring that such inventory is as current and accurate as practicable. (2) The Administrator may— (A) assist and encourage the States to nego- tiate and enter into interstate emergency pre- paredness compacts; (B) review the terms and conditions of such proposed compacts in order to assist, to the extent feasible, in obtaining uniformity be- tween such compacts and consistency with Federal emergency response plans and pro- grams; (C) assist and coordinate the activities under such compacts; and (D) aid and assist in encouraging reciprocal emergency preparedness legislation by the States which will permit the furnishing of mu- tual aid for emergency preparedness purposes in the event of a hazard which cannot be ade-