42 U.s.c. 5195-5195

§ 5195c

TITLE 42—THE PUBLIC HEALTH AND WELFARE

§ 5195c. Critical infrastructures protection
(a) Short title
This section may be cited as the ‘‘Critical Infrastructures Protection Act of 2001’’.
(b) Findings
Congress makes the following findings:
(1) The information revolution has transformed the conduct of business and the operations of government as well as the infrastructure relied upon for the defense and national
security of the United States.
(2) Private business, government, and the
national security apparatus increasingly depend on an interdependent network of critical
physical and information infrastructures, including 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 quality of life in the United States.
(4) This national effort requires extensive
modeling and analytic capabilities for purposes of evaluating appropriate mechanisms to
ensure the stability of these complex and
interdependent systems, and to underpin policy 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, geographically limited in effect, manageable, and minimally detrimental to the economy, human and
government services, and national security of
the United States;
(2) that actions necessary to achieve the policy 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 effective program to ensure the continuity of essential Federal Government functions under
all circumstances.
(d) Establishment of national competence for
critical infrastructure protection
(1) Support of critical infrastructure protection and continuity by National Infrastructure Simulation and Analysis Center
There shall be established the National Infrastructure Simulation and Analysis Center
(NISAC) to serve as a source of national competence to address critical infrastructure protection and continuity through support for activities related to counterterrorism, threat assessment, 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 infrastructures, including cyber infrastructure, telecommunications infrastructure, and phys-

Page 5496

ical infrastructure, in order to enhance understanding 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 governments and the private sector of data necessary to create and maintain models of
such systems and of critical infrastructures
generally.
(C) Utilization of modeling, simulation,
and analysis under subparagraph (A) to provide education and training to policymakers
on matters relating to—
(i) the analysis conducted under that
subparagraph;
(ii) the implications of unintended or unintentional disturbances to critical infrastructures; and
(iii) responses to incidents or crises involving critical infrastructures, including
the continuity of government and private
sector activities through and after such incidents or crises.
(D) Utilization of modeling, simulation,
and analysis under subparagraph (A) to provide 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 particular, to relevant Federal, State, and local
entities responsible for critical infrastructure
protection and policy.
(e) Critical infrastructure defined
In this section, the term ‘‘critical infrastructure’’ means systems and assets, whether physical 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.)
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 Assistance Act which comprises this chapter.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the National Infrastructure Simulation and

Page 5497

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Analysis Center of the Department of Energy, including 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 programs
The Administrator may prepare Federal response 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 Administrator may request such reports on State
plans and operations for emergency preparedness 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 responsibilities
With the approval of the President, the Administrator may delegate to other departments
and agencies of the Federal Government appropriate emergency preparedness responsibilities
and review and coordinate the emergency preparedness 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 provision for necessary emergency preparedness
communications and for dissemination of warnings 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 methods of treating the effects of hazards;
(2) developing shelter designs and materials
for protective covering or construction;
(3) developing equipment or facilities and effecting 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 otherwise, 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

§ 5196

with subchapter I of chapter 57 of title 5 and
the Standardized Government Travel Regulations, and per diem allowances, in lieu of subsistence for trainees in attendance or the furnishing of subsistence and quarters for trainees 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 expenses.
(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 preparedness information
The Administrator may publicly disseminate
appropriate emergency preparedness information by all appropriate means.
(h) Emergency preparedness compacts
(1) The Administrator shall establish a program supporting the development of emergency
preparedness compacts for acts of terrorism, disasters, 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 governments examples of best practices in the development of emergency preparedness compacts
and models of existing emergency preparedness compacts, including agreements involving interstate jurisdictions; and
(C) completing an inventory of Federal response capabilities for acts of terrorism, disasters, 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 negotiate and enter into interstate emergency preparedness compacts;
(B) review the terms and conditions of such
proposed compacts in order to assist, to the
extent feasible, in obtaining uniformity between such compacts and consistency with
Federal emergency response plans and programs;
(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 mutual aid for emergency preparedness purposes
in the event of a hazard which cannot be adequately met or controlled by a State or political subdivision thereof threatened with or experiencing a hazard.
(3) A copy of each interstate emergency preparedness compact shall be transmitted prompt-