Appendix C
Laws, Regulations, and Standards Related to Academic Research Institutions and Disaster Resilience
There are a number of federal, state, and local laws, regulations, and standards, as well as institutional policies, that pertain to emergency preparedness and laboratory safety. Several relevant laws, regulations, and standards are outlined in Table C-1. It is important that readers become familiar with and stay informed on these laws, regulations, and standards. Please note that this list is not exhaustive, but includes information that the committee identified as being contributory to the current state of disaster resilience for the academic biomedical research community. Another useful resource is Prudent Practices in the Laboratory: Handling and Management of Chemical Hazards, which includes detailed information on safety laws and standards pertinent to laboratories (NRC, 2011b, Chapter 11).
| Executive Order, Law, Regulation, or Standard | Abbreviated Description |
|---|---|
| Federal Civil Defense Act of 1950, Public Law 81-920, as amendeda | Enacted in 1950 and signed into law by President Truman, the Federal Civil Defense Act was “designed to protect life and property in the United States in case of enemy assault” (Truman, 1951). The act gave much of the responsibility for civil defense to the states. In 1981 the act was amended to allow civil defense funding to be provided for natural disasters, in addition to attacks on the homeland. In November 1994, the Federal Civil Defense Act of 1950 was repealed and all remnants of civil defense authority were transferred to Title VI of the Stafford Act. This completed the evolution of civil defense into an all-hazards approach to preparedness (DHS, 2006). |
| Animal Welfare Act of 1966, Public Law 89-544, as amendedb | Signed into law by President Johnson, this act regulates the use of animals in order to ensure their humane care and treatment. The act also outlines regulations for the purchase of animals for research facilities, recordkeeping, the marking and identification of animals, and the transport of animals. |
| Disaster Relief Act of 1974, Public Law 93-288, as amendedc | Enacted in 1974 and signed into law by President Nixon, the Disaster Relief Act was passed with the purpose of “strengthen[ing] disaster planning and preparedness”; the act also aimed to ensure that federal funding for disaster victims was distributed “equitably and expeditiously” (Nixon, 1974). The act was amended in 1988 to become the Robert T. Stafford Disaster Relief and Emergency Assistance Act (DHS, 2006). |
| Family Educational Rights and Privacy Act (FERPA) of 1974, Public Law 93-380, as amendedd | Signed into law by President Ford, FERPA outlines requirements for privacy and rights to educational records for parents and students. Regulations laid out by FERPA apply to institutions and agencies that receive federal funding. |
| Reorganization Plan No. 3 of 1978e | This reorganization plan, disseminated by President Carter, established FEMA. The plan transferred some authority to the director of FEMA from the other federal agencies and programs (e.g., National Fire Prevention and Control Administration, Housing and Urban Development, Emergency Broadcast System) (Carter, 1978). |
| Executive Order, Law, Regulation, or Standard | Abbreviated Description |
|---|---|
| Executive Order 12127 of March 31, 1979—Federal Emergency Management Agency; Executive Order 12148 of July 20, 1979—Federal Emergency Management | Promulgated by President Carter, these orders transferred or reassigned authority and functions from existing government agencies and programs to the newly created FEMA.f,g |
| Executive Order 12472 of April 3, 1984—Assignment of National Security and Emergency Preparedness Telecommunications Functions | Promulgated by President Reagan, this order established the National Communications System, which was charged with developing a communication infrastructure for use in “all circumstances, including crisis or emergency, attack, recovery, and reconstitution.”h |
| Health Research Extension Act of 1985, Public Law 99-158; the Public Health Service Policy on Humane Care and Use of Laboratory Animalsi | This act created the Public Health Service Policy, which requires that federal granting agencies, such as the National Institutes of Health (NIH) and the National Science Foundation (NSF), require grantee institutions to use a set of standards for directing the care and use of animals in sponsored activities. Currently both NIH and NSF require grantees to use the latest edition of the Guide for the Care and Use of Laboratory Animals as that standard. |
| Superfund Amendments and Reauthorization Act of 1986, Title III–Emergency Planning and Community Right-to-Know, Public Law 99-499, as amendedj | This act, which amended the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, established the Emergency Planning and Community Right-to-Know Act. The Emergency Planning and Community Right-to-Know Act of 1986 requires each state governor to appoint a state emergency response commission; each state emergency response commission in turn is charged with appointing local emergency planning committees. Under the Emergency Planning and Community Right-to-Know Act, local governments are required to prepare plans for responding to chemical emergencies, facilities must report hazardous substances spills, facilities must disclose hazardous chemicals that are handled or stored, and facilities are required to keep and submit inventories of toxic chemical releases (EPA, 2016). |
| Executive Order, Law, Regulation, or Standard | Abbreviated Description |
|---|---|
| Executive Order 12656 of November 18, 1988—Assignment of Emergency Preparedness Responsibilities | Promulgated by President Reagan, this order contained various provisions, including provisions that the heads of federal departments and agencies should “be prepared to respond adequately to all national security emergencies,” should “assist State, local, and private sector entities in developing plans for mitigating the effects of national security emergencies and for providing services that are essential to a national response,” and should “develop and conduct training and education programs that incorporate emergency preparedness and civil defense information necessary to ensure an effective national response.”k |
| Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amendedl | The Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act) was signed into law in 1988 by President Reagan, amending the Disaster Relief Act of 1974. The act aimed 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” that result from disaster. |
| Americans with Disabilities Act of 1990, Public Law 101-336, as amendedm | Signed into law by President George H. W. Bush in 1990, this act provides “a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities” as well as “clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities.” |
| Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1990, Public Law 101-42, as amendedn | Known as the Clery Act, this act requires higher education institutions to disclose campus security policies and to disclose statistics for the following: murder, sexual offenses, robbery, assault, burglary, motor vehicle theft, manslaughter, arson, and other crimes, including those related to drug and weapon possession. |
| Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191, as amendedo | Signed into law by President Clinton, HIPAA contains a number of provisions, including provisions that allow workers to maintain health insurance coverage should they change or lose their jobs. Other provisions include those related to security and privacy of patient data. |
| Executive Order, Law, Regulation, or Standard | Abbreviated Description |
|---|---|
| Disaster Mitigation Act of 2000, Public Law 106-390p | This act amended the Stafford Act and aimed to “authorize a program for pre-disaster mitigation, to streamline the administration of disaster relief, [and] to control the Federal costs of disaster assistance.” The act created new requirements for coordination of disaster mitigation planning among state, local, and tribal entities (FEMA, 2013). |
| Title 44 of the Code of Federal Regulations, Emergency Management and Assistanceq | Title 44 contains policies and procedures related to FEMA as well as provisions of the National Flood Insurance Program, regulations related to the Federal Fire Prevention and Control Act of 1974, policies and procedures related to the Stafford Act, and provisions related to disaster preparedness. |
| 10 CFR Part 35, Medical Use of Byproduct Materialr | Part 35 contains the requirements and provisions for the medical use of byproduct material and for issuance of specific licenses authorizing the medical use of this material. |
| Homeland Security Act of 2002, Public Law 107-296s | This act, signed into law by President George W. Bush, established the U.S. Department of Homeland Security. The act outlines the mission of the newly created department, including preventing terrorist attacks within the United States, reducing the vulnerability of the United States to terrorism, and minimizing the damage and assisting in the recovery from terrorist attacks that occur within the United States. |
| Homeland Security Presidential Directive–5 | Issued February 28, 2003, by President George W. Bush, this directive established “a single, comprehensive approach to domestic incident management” (Bush, 2003). While providing that responsibility for management of domestic incidents initially falls on state and local governments, the directive also states that the federal government “will assist State and local authorities when their resources are overwhelmed, or when Federal interests are involved” (Bush, 2003). |
| National Earthquake Hazards Reduction Program Reauthorization Act of 2004, Public Law 108-360t | The National Earthquake Hazards Reduction Program was originally signed into law in 1977 but was reauthorized in 2004 in order to better incorporate improved standards, tools and practical guidance for the fire safety design and retrofit of structures. It was at this time that the National Institute of Standards and Technology was made lead agency for the program (Shyam-Sunder, 2004). |
| Executive Order, Law, Regulation, or Standard | Abbreviated Description |
|---|---|
| 7 CFR Part 331, Agriculture: Possession, Use, and Transfer of Select Agents and Toxinsu | Part 331 implements the provisions of the Agricultural Bioterrorism Protection Act of 2002v setting forth the requirements for possession, use, and transfer of select agents and toxins. The biological agents and toxins listed in this part have the potential to pose a severe threat to plant health or plant products. |
| 9 CFR Part 121, Animals and Animal Products: Possession, Use, and Transfer of Select Agents and Toxinsw | Part 121 implements the provisions of the Agricultural Bioterrorism Protection Act of 2002 setting forth the requirements for possession, use, and transfer of select agents and toxins. The biological agents and toxins listed in this part have the potential to pose a severe threat to public health and safety, to animal health, or to animal products. |
| 42 CFR Part 73, Public Health: Select Agents and Toxinsx | Part 73 implements the provisions of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002y setting forth the requirements for possession, use, and transfer of select agents and toxins. The biological agents and toxins listed in this part have the potential to pose a severe threat to public health and safety, to animal health, or to animal products. |
| Pets Evacuation and Transportation Standards (PETS) Act of 2006,z Public Law 109-308 | The PETS Act amended the Stafford Act to ensure that state and local emergency preparedness operational plans address the needs of individuals with household pets and service animals following a major disaster or emergency. |
| Homeland Security Presidential Directive–21 | Issued October 18, 2007, by President George W. Bush, this directive established a National Strategy for Public Health and Medical Preparedness, a strategy that aims to “transform our national approach to protecting the health of the American people against all disasters” (Bush, 2008). |
| Guide for the Care and Use of Laboratory Animals (the Guide) | The Guide provides a framework for professionals in the management of animal facilities such as scientists, researchers, veterinarians, animal care personnel, animal welfare activists, facilities managers, administrators, and policy makers. It incorporates scientific information on common laboratory animals, including aquatic species, and it is organized around major components of animal use (NRC, 2011a). |
| Executive Order, Law, Regulation, or Standard | Abbreviated Description |
|---|---|
| 29 CFR 1910.1450, Occupational Exposure to Hazardous Chemicals in Laboratoriesaa | Title 29 rules are written and enforced by the Occupational Safety and Health Administration (OSHA). The OSHA Laboratory Standard is the primary regulation governing employees who work in laboratories. The Laboratory Standard requires a chemical hygiene plan and its purpose is to protect laboratory workers from exposure to hazardous chemicals. |
| NFPA (National Fire Protection Association) 1600, Standard on Disaster/Emergency Management and Business Continuity/Continuity of Operations Programsbb | NFPA 1600 has been adopted by the Department of Homeland Security as a voluntary consensus standard for emergency preparedness. NFPA 1600 establishes a common set of criteria that provides a foundation for disaster management, emergency management, and business continuity programs using a total program approach. |
| Executive Order 13717 of February 2, 2016—Establishing a Federal Earthquake Risk Management Standardcc | Ordered by Barack Obama, this order was an amendment of the Earthquake Hazards Reduction Act of 1977 aimed at improving and updating the earthquake-resistant codes and standards of federal buildings. |
a Federal Civil Defense Act of 1950, Public Law 920, 81st Cong., 2d Sess. (January 12, 1951).
b Animal Welfare Act of 1966, Public Law 89-544, 89th Cong. (August 24, 1966).
c Disaster Relief Act of 1974, Public Law 288, 93rd Cong. (May 22, 1974).
d Family Educational Rights and Privacy Act of 1974, Public Law 380, 93rd Cong. (August 21, 1974).
e Reorganization Plan No. 3 of 1978, 43 F.R. 41943, 92 Stat. 3788.
f Executive Order 12127 of March 31, 1979, 44 F.R. 19367, 3 CFR, 1979 Comp., p. 376.
g Executive Order 12148 of July 20, 1979, 44 F.R. 43239, 3 CFR, 1979 Comp., p. 412.
h Executive Order 12472 of April, 3, 1984, 49 F.R. 13471, 3 CFR, 1984 Comp., p. 193.
i Health Research Extension Act of 1985, Public Law 158, 99th Cong. (November 20, 1985).
j Superfund Amendments and Reauthorization Act of 1986, Public Law 499, 99th Cong. (October 17, 1986).
k Executive Order 12656 of November 18, 1988, 53 F.R. 47491, 3 CFR, 1988 Comp., p. 585.
l Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 288, 93rd Cong. (November 23, 1988).
m Americans with Disabilities Act of 1990, Public Law 336, 101st Cong. (July 26, 1990).
n Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1990, Public Law 542, 101st Cong. (November 8, 1990).
o Health Insurance Portability and Accountability Act of 1996, Public Law 191, 104th Cong. (August 21, 1996).
p Disaster Mitigation Act of 2000, Public Law 390, 106th Cong. (October 30, 2000).
q 44 CFR, Emergency Management and Assistance. https://www.gpo.gov/fdsys/pkg/CFR-2002-title44-vol1/pdf/CFR-2002-title44-vol1.pdf (October 1, 2002).
r 10 CFR Part 35, Medical Use of Byproduct Material. https://www.nrc.gov/reading-rm/doc-collections/cfr/part035 (April 24, 2002).
s Homeland Security Act of 2002, Public Law 296, 107th Cong. (November 25, 2002).
t National Earthquake Hazards Reduction Program Reauthorization Act of 2004, Public Law 360, 108th Cong. (October 25, 2004).
u 7 CFR Part 331, Agriculture: Possession, Use, and Transfer of Select Agents and Toxins. http://www.ecfr.gov/cgi-bin/text-idx?SID=4e04f9552158709fb780a99ec462a811&mc=true&tpl=/ecfrbrowse/Title07/7cfr331_main_02.tpl (March 18, 2005).
v Agricultural Bioterrorism Protection Act of 2002, Part II, Subtitle B of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, Public Law 88, 107th Cong. (June 12, 2002).
w 9 CFR Part 121, Animals and Animal Products: Possession, Use, and Transfer of Select Agents and Toxins. https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&SID=b9126e9fba23e3e7933354a1d2630d72&ty=HTML&h=L&n=9y1.0.1.5.58&r=PART (March 18, 2005).
x 42 CFR Part 73, Public Health: Select Agents and Toxins. http://www.ecfr.gov/cgi-bin/text-idx?SID=4e04f9552158709fb780a99ec462a811&mc=true&node=pt42.1.73&rgn=div5 (March 18, 2005).
y Public Health Security and Bioterrorism Preparedness and Response Act of 2002, Public Law 188, 107th Cong. (June 12, 2002).
z Pets Evacuation and Transportation Act of 2006, Public Law 308, 109th Cong. (October 6, 2006).
aa 29 CFR 1910.1450, Occupational Health and Safety Standards: Occupational Exposure to Hazardous Chemicals in Laboratories. https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=10106 (March 26, 2012).
bb NFPA (National Fire Protection Association) 1600, Standard on Disaster/Emergency Management and Business Continuity/Continuity of Operations Programs.
cc Executive Order 13717 of February 2, 2016, 81 F.R. 6407 (February 5, 2016).
REFERENCES
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———. 2008. Homeland security presidential directive (HSPD)-21: Public health medical preparedness. Washington, DC: U.S. Government Printing Office. https://www.gpo.gov/fdsys/pkg/CPRT-110HPRT39618/pdf/CPRT-110HPRT39618.pdf (accessed May 3, 2016).
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NRC (National Research Council). 2011a. Safety, laws, and standards pertinent to laboratories. Chapter 11 in Guide for the care and use of laboratory animals, 8th ed. Washington, DC: The National Academies Press.
———. 2011b. Prudent practices in the laboratory: Handling and management of chemical hazards, updated version. Washington, DC: The National Academies Press.
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