118 STAT. 2054 PUBLIC LAW 108–375—OCT. 28, 2004 ‘‘§ 2613. Emergency communications equipment: acceptance from local public safety agencies for temporary use related to disasters ‘‘(a) AUTHORITY TO ACCEPT EQUIPMENT.—(1) Subject to sub section (c), the Secretary concerned— ‘‘(1) may accept communications equipment for use in coordinating joint response and recovery operations with public safety agencies in the event of a disaster; and ‘‘(2) may accept services related to the operation and maintenance of such equipment. ‘‘(b) REGULATIONS.—The authority under subsection (a) shall be exercised under regulations prescribed by the Secretary of Defense. ‘‘(c) LIMITATIONS.—(1) Equipment may be accepted under sub section (a)(1) only to the extent that communications equipment under the control of the Secretary concerned at the potential dis aster response site is inadequate to meet military requirements for communicating with public safety agencies during the period of response to the disaster. ‘‘(2) Services may be accepted under subsection (a)(2) related to the operation and maintenance of communications equipment only to the extent that the necessary capabilities are not available to the military commander having custody of the equipment. ‘‘(c) LIABILITY.—A person providing services accepted under this section may not be considered, by reason of the provision of such services, to be an officer, employee, or agent of the United States for any purpose.’’. (b) CLERICAL AMENDMENT.—The table of sections at the begin ning of such chapter is amended by adding at the end the following new item: ‘‘2613. Emergency communications equipment: acceptance from local public safety agencies for temporary use related to disasters.’’. SEC. 1052. DETERMINATION AND REPORT ON FULL TIME AIRLIFT SUP PORT FOR HOMELAND DEFENSE OPERATIONS. (a) DETERMINATION REQUIRED.—(1) The Secretary of Defense shall determine the feasibility and advisability of dedicating an airlift capability of the Armed Forces to the support of homeland defense operations, including operations in support of contingent requirements for transportation of any of the following in response to a disaster: (A) Weapons of Mass Destruction Civil Support Teams. (B) National Guard Chemical, Biological, Radiological, Nuclear, High Explosive Enhanced Response Force Packages. (C) Air Force expeditionary medical teams. (D) Department of Energy emergency response teams. (2) In making the determination under paragraph (1), the Sec retary shall take into consideration the results of the study required under subsection (b). (b) REQUIREMENT FOR STUDY AND PLAN.—(1) The Secretary of Defense shall conduct a study of the plans and capabilities of the Department of Defense for meeting contingent requirements for transporting teams and packages specified in subsection (a)(1) in response to disasters. (2) The Secretary shall prepare a plan for resolving any defi ciencies in the plans and capabilities for meeting the transportation requirements described in paragraph (1).
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