42 Usc 68

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

erence to the statutory citation or descriptive
label of the crime as it appears in the criminal
history record;
(7) the term ‘‘individuals with disabilities’’
means persons with a mental or physical impairment who require assistance to perform
one or more daily living tasks;
(8) the term ‘‘national criminal history
background check system’’ means the criminal history record system maintained by the
Federal Bureau of Investigation based on fingerprint identification or any other method of
positive identification;
(9) the term ‘‘provider’’ means—
(A) a person who—
(i) is employed by or volunteers with a
qualified entity (including an individual
who is employed by a school in any capacity, including as a child care provider, a
teacher, or another member of school personnel);
(ii) who owns or operates a qualified entity; or
(iii) who has or may have unsupervised
access to a child to whom the qualified entity provides child care; and
(B) a person who—
(i) seeks to be employed by or volunteer
with a qualified entity (including an individual who seeks to be employed by a
school in any capacity, including as a
child care provider, a teacher, or another
member of school personnel);
(ii) seeks to own or operate a qualified
entity; or
(iii) seeks to have or may have unsupervised access to a child to whom the qualified entity provides child care;
(10) the term ‘‘qualified entity’’ means a
business or organization, whether public, private, for-profit, not-for-profit, or voluntary,
that provides care or care placement services,
including a business or organization that licenses or certifies others to provide care or
care placement services; and
(11) the term ‘‘State’’ means a State, the
District of Columbia, the Commonwealth of
Puerto Rico, American Samoa, the Virgin Islands, Guam, and the Trust Territories of the
Pacific.
(Pub. L. 103–209, § 5, Dec. 20, 1993, 107 Stat. 2493;
Pub. L. 103–322, title XXXII, § 320928(a)(3), (j),
Sept. 13, 1994, 108 Stat. 2132, 2133; Pub. L. 107–110,
title X, § 1075, Jan. 8, 2002, 115 Stat. 2090.)
AMENDMENTS
2002—Par. (9)(A)(i). Pub. L. 107–110, § 1075(1), inserted
before semicolon at end ‘‘(including an individual who
is employed by a school in any capacity, including as
a child care provider, a teacher, or another member of
school personnel)’’.
Par. (9)(B)(i). Pub. L. 107–110, § 1075(2), inserted before
semicolon at end ‘‘(including an individual who seeks
to be employed by a school in any capacity, including
as a child care provider, a teacher, or another member
of school personnel)’’.
1994—Par. (5). Pub. L. 103–322, § 320928(a)(3)(A), amended par. (5) generally. Prior to amendment, par. (5) read
as follows: ‘‘the term ‘child care’ means the provision
of care, treatment, education, training, instruction, supervision, or recreation to children by persons having
unsupervised access to a child;’’.

§ 5119c

Pars. (6), (7). Pub. L. 103–322, § 320928(j)(2), added pars.
(6) and (7). Former pars. (6) and (7) redesignated (8) and
(9), respectively.
Par. (8). Pub. L. 103–322, § 320928(j)(1), redesignated
par. (6) as (8). Former par. (8) redesignated (10).
Pub. L. 103–322, § 320928(a)(3)(B), substituted ‘‘care’’
for ‘‘child care’’ wherever appearing.
Pars. (9) to (11). Pub. L. 103–322, § 320928(j)(1), redesignated pars. (7) to (9) as (9) to (11), respectively.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–110 effective Jan. 8, 2002,
except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub.
L. 107–110, set out as an Effective Date note under section 6301 of Title 20, Education.
TERMINATION OF TRUST TERRITORY OF THE PACIFIC
ISLANDS
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title
48, Territories and Insular Possessions.

CHAPTER 68—DISASTER RELIEF
SUBCHAPTER I—FINDINGS, DECLARATIONS, AND
DEFINITIONS
Sec.

5121.
5122.

Congressional findings and declarations.
Definitions.

SUBCHAPTER II—DISASTER PREPAREDNESS AND
MITIGATION ASSISTANCE
5131.
5132.
5133.
5134.

Federal and State disaster preparedness programs.
Disaster warnings.
Predisaster hazard mitigation.
Interagency task force.

SUBCHAPTER III—MAJOR DISASTER AND
EMERGENCY ASSISTANCE ADMINISTRATION
5141.
Waiver of administrative conditions.
5142.
Repealed.
5143.
Coordinating officers.
5144.
Emergency support and response teams.
5145, 5146. Repealed.
5147.
Reimbursement of Federal agencies.
5148.
Nonliability of Federal Government.
5149.
Performance of services.
5150.
Use of local firms and individuals.
5151.
Nondiscrimination in disaster assistance.
5152.
Use and coordination of relief organizations.
5153.
Priority to certain applications for public facility and public housing assistance.
5154.
Insurance.
5154a.
Prohibited flood disaster assistance.
5155.
Duplication of benefits.
5156.
Standards and reviews.
5157.
Penalties.
5158.
Availability of materials.
5159.
Protection of environment.
5160.
Recovery of assistance.
5161.
Audits and investigations.
5162.
Advance of non-Federal share.
5163.
Limitation on use of sliding scales.
5164.
Rules and regulations.
5165.
Mitigation planning.
5165a.
Minimum standards for public and private
structures.
5165b.
Management costs.
5165c.
Public notice, comment, and consultation requirements.
5165d.
Designation of Small State and Rural Advocate.
SUBCHAPTER IV—MAJOR DISASTER ASSISTANCE
PROGRAMS
5170.
5170a.

Procedure for declaration.
General Federal assistance.

§ 5121

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Sec.

Sec.

5170b.
5170c.
5171.
5172.

5204b.
5204c.
5205.
5206.
5207.
5208.

Essential assistance.
Hazard mitigation.
Federal facilities.
Repair, restoration, and replacement of damaged facilities.
5173.
Debris removal.
5174.
Federal assistance to individuals and households.
5175, 5176. Repealed.
5177.
Unemployment assistance.
5177a.
Emergency grants to assist low-income migrant and seasonal farmworkers.
5178.
Repealed.
5179.
Benefits and distribution.
5180.
Food commodities.
5181.
Relocation assistance.
5182.
Legal services.
5183.
Crisis counseling assistance and training.
5184.
Community disaster loans.
5185.
Emergency communications.
5186.
Emergency public transportation.
5187.
Fire management assistance.
5188.
Timber sale contracts.
5189.
Simplified procedure.
5189a.
Appeals of assistance decisions.
5189b.
Date of eligibility; expenses incurred before
date of disaster.
5189c.
Transportation assistance to individuals and
households.
5189d.
Case management services.
5189e.
Essential service providers.
SUBCHAPTER IV–A—EMERGENCY ASSISTANCE
PROGRAMS
5191.
Procedure for declaration.
5192.
Federal emergency assistance.
5193.
Amount of assistance.
SUBCHAPTER IV–B—EMERGENCY PREPAREDNESS
5195.
5195a.
5195b.
5195c.

Declaration of policy.
Definitions.
Administration of subchapter.
Critical infrastructures protection.

5196.
5196a.

Detailed functions of administration.
Mutual aid pacts between States and neighboring countries.
Contributions for personnel and administrative expenses.
Grants for construction of emergency operations centers.
Use of funds to prepare for and respond to
hazards.
Radiological Emergency Preparedness Fund.
Disaster related information services.

PART A—POWERS AND DUTIES

5196b.
5196c.
5196d.
5196e.
5196f.

PART B—GENERAL PROVISIONS
5197.
5197a.
5197b.
5197c.
5197d.
5197e.
5197f.
5197g.
5197h.

5201.
5202.
5203.
5204.
5204a.

Administrative authority.
Security regulations.
Use of existing facilities.
Annual report to Congress.
Applicability of subchapter.
Authorization of appropriations and transfers
of funds.
Relation to Atomic Energy Act of 1954.
Federal Bureau of Investigation.
Minority emergency preparedness demonstration program.
SUBCHAPTER V—MISCELLANEOUS
Rules and regulations.
Repealed.
Excess disaster assistance payments as budgetary emergency requirements.
Insular areas disaster survival and recovery;
definitions.
Authorization of appropriations for insular
areas.

Page 5430

Technical assistance for insular areas.
Hazard mitigation for insular areas.
Disaster grant closeout procedures.
Buy American.
Firearms policies.
Disaster Relief report.

SUBCHAPTER I—FINDINGS,
DECLARATIONS, AND DEFINITIONS
§ 5121. Congressional findings and declarations
(a) The Congress hereby finds and declares
that—
(1) because disasters often cause loss of life,
human suffering, loss of income, and property
loss and damage; and
(2) because disasters often disrupt the normal functioning of governments and communities, and adversely affect individuals 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 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 disaster relief programs;
(2) encouraging the development of comprehensive disaster preparedness and assistance
plans, programs, capabilities, and organizations by the States and by local governments;
(3) achieving greater coordination and responsiveness of disaster preparedness and relief programs;
(4) encouraging individuals, States, and local
governments to protect themselves by obtaining insurance coverage to supplement or replace governmental assistance;
(5) encouraging hazard mitigation measures
to reduce losses from disasters, including development of land use and construction regulations; and
(6) providing Federal assistance programs
for both public and private losses sustained in
disasters 1
(Pub. L. 93–288, title I, § 101, May 22, 1974, 88 Stat.
143; Pub. L. 100–707, title I, § 103(a), Nov. 23, 1988,
102 Stat. 4689.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (b), was in the
original ‘‘this Act’’, meaning Pub. L. 93–288, May 22,
1974, 88 Stat. 143, as amended. For complete classification of this Act to the Code, see Short Title note set
out below and Tables.
AMENDMENTS
1988—Subsec. (b)(7). Pub. L. 100–707 struck out par. (7)
expressing Congressional intent to provide disaster assistance through a long-range economic recovery program for major disaster areas.
EFFECTIVE DATE
Section 605 of Pub. L. 93–288 provided that Pub. L.
93–288 was effective Apr. 1, 1974, with the exception of
1 So

in original. Probably should be followed by a period.

Page 5431

TITLE 42—THE PUBLIC HEALTH AND WELFARE

section 5178 of this title, prior to repeal by Pub. L.
100–707, title I, § 108(b), Nov. 23, 1988, 102 Stat. 4708.

§ 5121

may be cited as the ‘Disaster Relief Act Amendments
of 1980’.’’

SHORT TITLE OF 2011 AMENDMENT

SHORT TITLE

Pub. L. 111–351, § 1, Jan. 4, 2011, 124 Stat. 3863, provided
that: ‘‘This Act [amending sections 5133, 5134, 5144,
5165d, 5170c, 5172, 5195a, 5195b, 5196 to 5196b, 5196f, 5197 to
5197c, and 5197h of this title and enacting provisions set
out as a note under section 5133 of this title] may be
cited as the ‘Predisaster Hazard Mitigation Act of
2010’.’’

Section 1 of Pub. L. 93–288, as amended by Pub. L.
100–707, title I, § 102(a), Nov. 23, 1988, 102 Stat. 4689; Pub.
L. 106–390, title III, § 301, Oct. 30, 2000, 114 Stat. 1572, provided: ‘‘That this Act [enacting this section, sections
3231 to 3236, 5122, 5131, 5132, 5141 to 5158, 5171 to 5189,
5201, and 5202 of this title, and section 1264 of former
Title 31, Money and Finance, amending sections 1706c,
1709, 1715l of Title 12, Banks and Banking, sections
241–1, 646, 758 of Title 20, Education, sections 165, 5064,
5708 of Title 26, Internal Revenue Code, section 1820
[now 3720] of Title 38, Veterans’ Benefits, section 461 of
former Title 40, Public Buildings, Property, and Works,
repealing sections 4401, 4402, 4411 to 4413, 4414 to 4420,
4431 to 4436, 4457 to 4462, 4481 to 4485 of this title, enacting provisions set out as notes under this section, sections 4401 and 5178 of this title, and section 1264 of
former Title 31, and amending provisions set out as a
note under section 1681 of Title 48, Territories and Insular Possessions] may be cited as the ‘Robert T. Stafford
Disaster Relief and Emergency Assistance Act’.’’

SHORT TITLE OF 2006 AMENDMENT
Pub. L. 109–308, § 1, Oct. 6, 2006, 120 Stat. 1725, provided
that: ‘‘This Act [amending sections 5170b, 5196, and
5196b of this title] may be cited as the ‘Pets Evacuation
and Transportation Standards Act of 2006’.’’
Pub. L. 109–218, § 1, Apr. 20, 2006, 120 Stat. 333, provided
that: ‘‘This Act [amending section 5150 of this title]
may be cited as the ‘Local Community Recovery Act of
2006’.’’
SHORT TITLE OF 2005 AMENDMENT
Pub. L. 109–139, § 1, Dec. 22, 2005, 119 Stat. 2649, provided that: ‘‘This Act [amending section 5133 of this
title and provisions set out as a note under this section] may be cited as the ‘Predisaster Mitigation Program Reauthorization Act of 2005’.’’
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106–390, § 1(a), Oct. 30, 2000, 114 Stat. 1552, provided that: ‘‘This Act [enacting sections 5133, 5134, 5165
to 5165c, 5205, and 5206 of this title, amending sections
3796b, 5122, 5154, 5170c, 5172, 5174, 5184, 5187, and 5192 of
this title, repealing sections 5176 and 5178 of this title,
and enacting provisions set out as notes under this section and sections 3796b, 5133, 5165b, 5172, 5174, and 5187
of this title] may be cited as the ‘Disaster Mitigation
Act of 2000’.’’
SHORT TITLE OF 1993 AMENDMENT
Pub. L. 103–181, § 1, Dec. 3, 1993, 107 Stat. 2054, provided
that: ‘‘This Act [amending section 5170c of this title
and enacting provisions set out as notes under sections
4601 and 5170c of this title] may be cited as the ‘Hazard
Mitigation and Relocation Assistance Act of 1993’.’’
SHORT TITLE OF 1988 AMENDMENT
Section 101(a) of title I of Pub. L. 100–707 provided
that: ‘‘This title [enacting sections 5141, 5153 to 5157,
5159 to 5164, 5170 to 5170c, 5172, 5174, 5178, 5189 to 5189b,
and 5191 to 5193 of this title, amending this section, sections 1382a, 3030, 3231, 3232, 3539, 4003, 4013, 5122, 5131,
5143, 5144, 5147 to 5152, 5158, 5171, 5173, 5176, 5177, 5179 to
5188, 5201, 7704, and 9601 of this title, sections 1421, 1427,
1427a, 1961, 1964, and 2014 of Title 7, Agriculture, sections 1706c, 1709, and 1715l of Title 12, Banks and Banking, section 636 of Title 15, Commerce and Trade, sections 1536 and 3505 of Title 16, Conservation, sections
241–1 and 646 of Title 20, Education, section 125 of Title
23, Highways, sections 165, 5064, and 5708 of Title 26, Internal Revenue Code, section 701n of Title 33, Navigation and Navigable Waters, and section 1820 [now 3720]
of Title 38, Veterans’ Benefits, repealing sections 5142,
5145, 5146, 5175, and 5202 of this title and former sections
5141, 5153 to 5157, 5172, 5174, 5178, and 5189 of this title,
enacting provisions set out as notes under this section
and sections 3231, 5122, and 5201 of this title, amending
provisions set out as a note under this section and section 1681 of Title 48, Territories and Insular Possessions, and repealing provisions set out as notes under
this section and former section 5178 of this title] may
be cited as ‘The Disaster Relief and Emergency Assistance Amendments of 1988’.’’

TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
sections 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.
DELEGATION OF FUNCTIONS
Functions of the President under the Disaster Relief
Acts of 1970 and 1974, with certain exceptions, were delegated to the Secretary of Homeland Security, see sections 4–201 and 4–203 of Ex. Ord. No. 12148, July 20, 1979,
44 F.R. 43239, as amended, set out as a note under section 5195 of this title.
REFERENCES TO DISASTER RELIEF ACT OF 1974
Section 102(b) of title I of Pub. L. 100–707 provided
that: ‘‘Whenever any reference is made in any law
(other than this Act [see Tables for classification]),
regulation, document, rule, record, or other paper of
the United States to a section or provision of the Disaster Relief Act of 1974 [former short title of Pub. L.
93–288], such reference shall be deemed to be a reference
to such section or provision of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act [Pub. L.
93–288, see Short Title note above].’’
REFERENCES TO DISASTER RELIEF ACT OF 1970
Section 702(m), formerly section 602(m), of Pub. L.
93–288, as renumbered by Pub. L. 103–337, div. C, title
XXXIV, § 3411(a)(1), (2), Oct. 5, 1994, 108 Stat. 3100, provided that: ‘‘Whenever reference is made in any provision of law (other than this Act [see Short Title note
set out above]), regulation, rule, record, or documents
of the United States to provisions of the Disaster Relief
Act of 1970 (84 Stat. 1744), repealed by this Act such reference shall be deemed to be a reference to the appropriate provision of this Act.’’

SHORT TITLE OF 1980 AMENDMENT

REPORT ON STATE MANAGEMENT OF SMALL DISASTERS
INITIATIVE

Pub. L. 96–568, § 1, Dec. 23, 1980, 94 Stat. 3334, provided:
‘‘That this Act [amending section 5202 of this title]

Pub. L. 106–390, title II, § 208, Oct. 30, 2000, 114 Stat.
1571, provided that: ‘‘Not later than 3 years after the

§ 5122

TITLE 42—THE PUBLIC HEALTH AND WELFARE

date of the enactment of this Act [Oct. 30, 2000], the
President shall submit to Congress a report describing
the results of the State Management of Small Disasters
Initiative, including—
‘‘(1) identification of any administrative or financial benefits of the initiative; and
‘‘(2) recommendations concerning the conditions, if
any, under which States should be allowed the option
to administer parts of the assistance program under
section 406 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5172).’’
STUDY REGARDING COST REDUCTION
Pub. L. 106–390, title II, § 209, Oct. 30, 2000, 114 Stat.
1571, as amended by Pub. L. 109–139, § 3, Dec. 22, 2005, 119
Stat. 2649, provided that: ‘‘Not later than September 30,
2007, the Director of the Congressional Budget Office
shall complete a study estimating the reduction in
Federal disaster assistance that has resulted and is
likely to result from the enactment of this Act [see
Short Title of 2000 Amendment note above].’’
STUDY OF PARTICIPATION BY INDIAN TRIBES IN
EMERGENCY MANAGEMENT
Pub. L. 106–390, title III, § 308, Oct. 30, 2000, 114 Stat.
1575, required the Director of the Federal Emergency
Management Agency to conduct a study of participation by Indian tribes in emergency management and
submit a report no later than 1 year after Oct. 30, 2000.
NATIONAL DROUGHT POLICY
Pub. L. 105–199, July 16, 1998, 112 Stat. 641, as amended
by Pub. L. 106–78, title VII, § 753, Oct. 22, 1999, 113 Stat.
1170, known as the ‘‘National Drought Policy Act of
1998’’, established the National Drought Policy Commission to study and submit a report on national
drought policy and terminated the Commission 90 days
after the submission of the report.
RECOMMENDATIONS CONCERNING IMPROVEMENT OF RELATIONSHIPS AMONG DISASTER MANAGEMENT OFFICIALS
Pub. L. 100–707, title I, § 110, Nov. 23, 1988, 102 Stat.
4710, provided that not later than 1 year after Nov. 23,
1988, the President was to recommend to the Congress
proposals to improve the operational and fiscal relationships that exist among Federal, State, and local
major disaster and emergency management officials,
including provisions which would decrease the amount
of time for processing requests for major disaster and
emergency declarations and providing Federal assistance for major disasters and emergencies, provide for
more effective utilization of State and local resources
in relief efforts, and improve the timeliness of reimbursement.
DECLARED DISASTERS AND EMERGENCIES NOT AFFECTED
Pub. L. 100–707, title I, § 112, Nov. 23, 1988, 102 Stat.
4711, provided that: ‘‘This title [see Short Title of 1988
Amendment note above] shall not affect the administration of any assistance for a major disaster or emergency declared by the President before the date of the
enactment of this Act [Nov. 23, 1988].’’
EXECUTIVE ORDER NO. 11749
Ex. Ord. No. 11749, Dec. 10, 1973, 38 F.R. 34177, which
related to consolidation of functions assigned to Secretary of Housing and Urban Development, was revoked
by Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, set out
as a note under section 5195 of this title.
EX. ORD. NO. 11795. DELEGATION OF PRESIDENTIAL
FUNCTIONS
Ex. Ord. No. 11795, July 11, 1974, 39 F.R. 25939, as
amended by Ex. Ord. No. 11910, Apr. 13, 1976, 41 F.R.
15681; Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239; Ex.
Ord. No. 12673, Mar. 23, 1989, 54 F.R. 12571, provided:
By virtue of the authority vested in me by the Disaster Relief Act of 1974 (Public Law 93–288; 88 Stat. 143)

Page 5432

[see References to Disaster Relief Act of 1974 note
above], section 301 of title 3 of the United States Code,
and as President of the United States of America, it is
hereby ordered as follows:
[SECTIONS 1 and 2. Revoked by Ex. Ord. No. 12148,
§ 5–111, July 20, 1979, 44 F.R. 43239.]
SEC. 3. 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 412 of the act
[section 5179 of this title] concerning food coupons and
distribution.
[SEC. 4. Revoked by Ex. Ord. No. 12148, § 5–111, July 20,
1979, 44 F.R. 43239.]
[References to a ‘‘coupon’’ provided under the Food
and Nutrition Act of 2008 considered to refer to a ‘‘benefit’’ under that Act, see section 4115(d) of Pub. L.
110–246, set out as a note under section 2012 of Title 7,
Agriculture.]
SEISMIC SAFETY OF FEDERAL AND FEDERALLY ASSISTED
OR REGULATED NEW BUILDING CONSTRUCTION
For provisions relating to seismic safety requirements for new construction or total replacement of a
building under this chapter after a presidentially declared major disaster or emergency, see Ex. Ord. No.
12699, Jan. 5, 1990, 55 F.R. 835, set out as a note under
section 7704 of this title.

§ 5122. Definitions
As used in this chapter—
(1) EMERGENCY.—‘‘Emergency’’ means any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property
and public health and safety, or to lessen or
avert the threat of a catastrophe in any part of
the United States.
(2) MAJOR DISASTER.—‘‘Major disaster’’ means
any natural catastrophe (including any hurricane, tornado, storm, high water, winddriven
water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm,
or drought), or, regardless of cause, any fire,
flood, or explosion, in any part of the United
States, which in the determination of the President causes damage of sufficient severity and
magnitude to warrant major disaster assistance
under this chapter to supplement the efforts and
available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering
caused thereby.
(3) ‘‘United States’’ means the fifty States, the
District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(4) ‘‘State’’ means any State of the United
States, the District of Columbia, Puerto Rico,
the Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands.
(5) ‘‘Governor’’ means the chief executive of
any State.
(6) INDIVIDUAL WITH A DISABILITY.—The term
‘‘individual with a disability’’ means an individual with a disability as defined in section
12102(2) of this title.
(7) LOCAL GOVERNMENT.—The term ‘‘local government’’ means—
(A) a county, municipality, city, town, township, local public authority, school district,
special district, intrastate district, council of

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional
or interstate government entity, or agency or
instrumentality of a local government;
(B) an Indian tribe or authorized tribal organization, or Alaska Native village or organization; and
(C) a rural community, unincorporated town
or village, or other public entity, for which an
application for assistance is made by a State
or political subdivision of a State.
(8) ‘‘Federal agency’’ means any department,
independent establishment, Government corporation, or other agency of the executive
branch of the Federal Government, including
the United States Postal Service, but shall not
include the American National Red Cross.
(9) PUBLIC FACILITY.—‘‘Public facility’’ means
the following facilities owned by a State or local
government:
(A) Any flood control, navigation, irrigation,
reclamation, public power, sewage treatment
and collection, water supply and distribution,
watershed development, or airport facility.
(B) Any non-Federal-aid street, road, or
highway.
(C) Any other public building, structure, or
system, including those used for educational,
recreational, or cultural purposes.
(D) Any park.
(10) PRIVATE NONPROFIT FACILITY.—
(A) IN GENERAL.—The term ‘‘private nonprofit facility’’ means private nonprofit educational, utility, irrigation, emergency, medical, rehabilitational, and temporary or permanent custodial care facilities (including those
for the aged and disabled) and facilities on Indian reservations, as defined by the President.
(B) ADDITIONAL FACILITIES.—In addition to
the facilities described in subparagraph (A),
the term ‘‘private nonprofit facility’’ includes
any private nonprofit facility that provides essential services of a governmental nature to
the general public (including museums, zoos,
performing arts facilities, community arts
centers, libraries, homeless shelters, senior
citizen centers, rehabilitation facilities, shelter workshops, and facilities that provide
health and safety services of a governmental
nature), as defined by the President.
(Pub. L. 93–288, title I, § 102, May 22, 1974, 88 Stat.
144; Pub. L. 100–707, title I, § 103(b)–(d), (f), Nov.
23, 1988, 102 Stat. 4689, 4690; Pub. L. 102–247, title
II, § 205, Feb. 24, 1992, 106 Stat. 38; Pub. L. 106–390,
title III, § 302, Oct. 30, 2000, 114 Stat. 1572; Pub. L.
109–295, title VI, § 688, Oct. 4, 2006, 120 Stat. 1448.)
REFERENCES IN TEXT
This chapter, referred to in introductory provisions
and par. (2), was in the original ‘‘this Act’’, meaning
Pub. L. 93–288, May 22, 1974, 88 Stat. 143. For complete
classification of this Act to the Code, see Short Title
note set out under section 5121 of this title and Tables.
AMENDMENTS
2006—Pars. (6) to (8). Pub. L. 109–295, § 688(2), added
par. (6) and redesignated former pars. (6) and (7) as (7)
and (8), respectively. Former par. (8) redesignated (9).
Par. (9). Pub. L. 109–295, § 688(2), redesignated par. (8)
as (9). Former par. (9) redesignated (10).

§ 5122

Pub. L. 109–295, § 688(1), amended par. (9) generally.
Prior to amendment, text read as follows: ‘‘ ‘Private
nonprofit facility’ means private nonprofit educational,
utility, irrigation, emergency, medical, rehabilitational, and temporary or permanent custodial care facilities (including those for the aged and disabled),
other private nonprofit facilities which provide essential services of a governmental nature to the general
public, and facilities on Indian reservations as defined
by the President.’’
Par. (10). Pub. L. 109–295, § 688(2), redesignated par. (9)
as (10).
2000—Par. (3). Pub. L. 106–390, § 302(1), substituted
‘‘and the Commonwealth of the Northern Mariana Islands’’ for ‘‘the Northern Mariana Islands, and the
Trust Territory of the Pacific Islands’’.
Par. (4). Pub. L. 106–390, § 302(1), substituted ‘‘and the
Commonwealth of the Northern Mariana Islands’’ for
‘‘the Northern Mariana Islands, or the Trust Territory
of the Pacific Islands’’.
Par. (6). Pub. L. 106–390, § 302(2), added par. (6) and
struck out former par. (6) which read as follows:
‘‘ ‘Local government’ means (A) any county, city, village, town, district, or other political subdivision of
any State, any Indian tribe or authorized tribal organization, or Alaska Native village or organization, and
(B) includes any rural community or unincorporated
town or village or any other public entity for which an
application for assistance is made by a State or political subdivision thereof.’’
Par. (9). Pub. L. 106–390, § 302(3), inserted ‘‘irrigation,’’
after ‘‘utility,’’.
1992—Pars. (3), (4). Pub. L. 102–247 inserted ‘‘the
Northern Mariana Islands,’’ after ‘‘American Samoa,’’.
1988—Par. (1). Pub. L. 100–707, § 103(b), inserted heading and amended text generally. Prior to amendment,
text read as follows: ‘‘ ‘Emergency’ means any hurricane, tornado, storm, flood, high water, wind-driven
water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, explosion, or other catastrophe in any part of the United
States which requires Federal emergency assistance to
supplement State and local efforts to save lives and
protect property, public health and safety or to avert
or lessen the threat of a disaster.’’
Par. (2). Pub. L. 100–707, § 103(c), inserted heading and
amended text generally. Prior to amendment, text read
as follows: ‘‘ ‘Major disaster’ means any hurricane, tornado, storm, flood, high water, wind-driven water, tidal
wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, explosion, or
other catastrophe in any part of the United States
which, in the determination of the President, causes
damage of sufficient severity and magnitude to warrant
major disaster assistance under this chapter, above and
beyond emergency services by the Federal Government,
to supplement the efforts and available resources of
States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby.’’
Pars. (3), (4). Pub. L. 100–707, § 103(d), struck out ‘‘the
Canal Zone,’’ after ‘‘American Samoa,’’.
Pars. (8), (9). Pub. L. 100–707, § 103(f), added pars. (8)
and (9).
LOCAL GOVERNMENT
Pub. L. 100–707, title I, § 103(e), Nov. 23, 1988, 102 Stat.
4690, provided that:
‘‘(1) IN GENERAL.—The term ‘local government’ is
deemed to have the same meaning in the Disaster Relief and Emergency Assistance Act [Pub. L. 93–288, see
Short Title note set out under section 5121 of this
title], as amended by this Act [see Short Title of 1988
Amendment note set out under section 5121 of this
title], as that term had on October 1, 1988, under section 102(6) of the Disaster Relief Act of 1974 [par. (6) of
this section] and regulations implementing the Disaster Relief Act of 1974.
‘‘(2) TERMINATION OF EFFECTIVENESS.—Paragraph (1)
shall not be effective on and after the 90th day after the

§ 5131

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Page 5434

President transmits to the Committee on Public Works
and Transportation of the House of Representatives
and to the Committee on Environment and Public
Works of the Senate a report which includes an interpretation of the term ‘local government’ for purposes of
the Disaster Relief and Emergency Assistance Act, as
amended by this Act.’’
[Functions of President under section 103(e)(2) of Pub.
L. 100–707 delegated to Administrator of Federal Emergency Management Agency by section 3 of Ex. Ord. No.
12673, Mar. 23, 1989, 54 F.R. 12571, set out as a note under
section 5195 of this title.]

proving, maintaining and updating State disaster assistance plans, including evaluations of
natural hazards and development of the programs and actions required to mitigate such
hazards; except that no such grant shall exceed
$50,000 per annum to any State.

SUBCHAPTER
II—DISASTER
PREPAREDNESS AND MITIGATION ASSISTANCE

1988—Subsec. (a). Pub. L. 100–707, § 104(b)(1), struck
out ‘‘(including the Defense Civil Preparedness Agency)’’ after ‘‘agencies’’.
Subsec. (d). Pub. L. 100–707, § 104(a), (b)(2), inserted
‘‘including evaluations of natural hazards and development of the programs and actions required to mitigate
such hazards;’’ after ‘‘plans,’’ and substituted ‘‘$50,000’’
for ‘‘$25,000’’.

§ 5131. Federal and State disaster preparedness
programs
(a) Utilization of services of other agencies
The President is authorized to establish a program of disaster preparedness that utilizes services of all appropriate agencies and includes—
(1) preparation of disaster preparedness
plans for mitigation, warning, emergency operations, rehabilitation, and recovery;
(2) training and exercises;
(3) postdisaster critiques and evaluations;
(4) annual review of programs;
(5) coordination of Federal, State, and local
preparedness programs;
(6) application of science and technology;
(7) research.
(b) Technical assistance for the development of
plans and programs
The President shall provide technical assistance to the States in developing comprehensive
plans and practicable programs for preparation
against disasters, including hazard reduction,
avoidance, and mitigation; for assistance to individuals, businesses, and State and local governments following such disasters; and for recovery of damaged or destroyed public and private facilities.
(c) Grants to States for development of plans and
programs
Upon application by a State, the President is
authorized to make grants, not to exceed in the
aggregate to such State $250,000, for the development of plans, programs, and capabilities for
disaster preparedness and prevention. Such
grants shall be applied for within one year from
May 22, 1974. Any State desiring financial assistance under this section shall designate or create
an agency to plan and administer such a disaster
preparedness program, and shall, through such
agency, submit a State plan to the President,
which shall—
(1) set forth a comprehensive and detailed
State program for preparation against and assistance following, emergencies and major disasters, including provisions for assistance to
individuals, businesses, and local governments; and
(2) include provisions for appointment and
training of appropriate staffs, formulation of
necessary regulations and procedures and conduct of required exercises.
(d) Grants for improvement, maintenance, and
updating of State plans
The President is authorized to make grants
not to exceed 50 per centum of the cost of im-

(Pub. L. 93–288, title II, § 201, May 22, 1974, 88
Stat. 145; Pub. L. 100–707, title I, § 104, Nov. 23,
1988, 102 Stat. 4690.)
AMENDMENTS

§ 5132. Disaster warnings
(a) Readiness of Federal agencies to issue warnings to State and local officials
The President shall insure that all appropriate
Federal agencies are prepared to issue warnings
of disasters to State and local officials.
(b) Technical assistance to State and local governments for effective warnings
The President shall direct appropriate Federal
agencies to provide technical assistance to State
and local governments to insure that timely and
effective disaster warning is provided.
(c) Warnings to governmental authorities and
public endangered by disaster
The President is authorized to utilize or to
make available to Federal, State, and local
agencies the facilities of the civil defense communications system established and maintained
pursuant to section 5196(c) of this title or any
other Federal communications system for the
purpose of providing warning to governmental
authorities and the civilian population in areas
endangered by disasters.
(d) Agreements with commercial communications systems for use of facilities
The President is authorized to enter into
agreements with the officers or agents of any
private or commercial communications systems
who volunteer the use of their systems on a
reimbursable or nonreimbursable basis for the
purpose of providing warning to governmental
authorities and the civilian population endangered by disasters.
(Pub. L. 93–288, title II, § 202, May 22, 1974, 88
Stat. 145; Pub. L. 103–337, div. C, title XXXIV,
§ 3412(b)(1), Oct. 5, 1994, 108 Stat. 3111.)
AMENDMENTS
1994—Subsec. (c). Pub. L. 103–337 substituted ‘‘section
5196(c) of this title’’ for ‘‘section 2281(c) of title 50, Appendix,’’.

§ 5133. Predisaster hazard mitigation
(a) Definition of small impoverished community
In this section, the term ‘‘small impoverished
community’’ means a community of 3,000 or
fewer individuals that is economically disadvantaged, as determined by the State in which the

Page 5435

TITLE 42—THE PUBLIC HEALTH AND WELFARE

community is located and based on criteria established by the President.
(b) Establishment of program
The President may establish a program to provide technical and financial assistance to States
and local governments to assist in the implementation of predisaster hazard mitigation
measures that are cost-effective and are designed to reduce injuries, loss of life, and damage and destruction of property, including damage to critical services and facilities under the
jurisdiction of the States or local governments.
(c) Approval by President
If the President determines that a State or
local government has identified natural disaster
hazards in areas under its jurisdiction and has
demonstrated the ability to form effective public-private natural disaster hazard mitigation
partnerships, the President, using amounts in
the National Predisaster Mitigation Fund established under subsection (i) of this section (referred to in this section as the ‘‘Fund’’), may
provide technical and financial assistance to the
State or local government to be used in accordance with subsection (e) of this section.
(d) State recommendations
(1) In general
(A) Recommendations
The Governor of each State may recommend to the President not fewer than five
local governments to receive assistance
under this section.
(B) Deadline for submission
The recommendations under subparagraph
(A) shall be submitted to the President not
later than October 1, 2001, and each October
1st thereafter or such later date in the year
as the President may establish.
(C) Criteria
In making recommendations under subparagraph (A), a Governor shall consider the
criteria specified in subsection (g) of this
section.
(2) Use
(A) In general
Except as provided in subparagraph (B), in
providing assistance to local governments
under this section, the President shall select
from local governments recommended by the
Governors under this subsection.
(B) Extraordinary circumstances
In providing assistance to local governments under this section, the President may
select a local government that has not been
recommended by a Governor under this subsection if the President determines that extraordinary circumstances justify the selection and that making the selection will further the purpose of this section.
(3) Effect of failure to nominate
If a Governor of a State fails to submit recommendations under this subsection in a
timely manner, the President may select, subject to the criteria specified in subsection (g)
of this section, any local governments of the
State to receive assistance under this section.

§ 5133

(e) Uses of technical and financial assistance
(1) In general
Technical and financial assistance provided
under this section—
(A) shall be used by States and local governments
principally
to
implement
predisaster hazard mitigation measures that
are cost-effective and are described in proposals approved by the President under this
section; and
(B) may be used—
(i) to support effective public-private
natural disaster hazard mitigation partnerships;
(ii) to improve the assessment of a community’s vulnerability to natural hazards;
or
(iii) to establish hazard mitigation priorities, and an appropriate hazard mitigation plan, for a community.
(2) Dissemination
A State or local government may use not
more than 10 percent of the financial assistance received by the State or local government under this section for a fiscal year to
fund activities to disseminate information regarding cost-effective mitigation technologies.
(f) Allocation of funds
(1) In general
The President shall award financial assistance under this section on a competitive basis
and in accordance with the criteria in subsection (g).
(2) Minimum and maximum amounts
In providing financial assistance under this
section, the President shall ensure that the
amount of financial assistance made available
to a State (including amounts made available
to local governments of the State) for a fiscal
year—
(A) is not less than the lesser of—
(i) $575,000; or
(ii) the amount that is equal to 1 percent
of the total funds appropriated to carry
out this section for the fiscal year; and
(B) does not exceed the amount that is
equal to 15 percent of the total funds appropriated to carry out this section for the fiscal year.
(g) Criteria for assistance awards
In determining whether to provide technical
and financial assistance to a State or local government under this section, the President shall
take into account—
(1) the extent and nature of the hazards to be
mitigated;
(2) the degree of commitment of the State or
local government to reduce damages from future natural disasters;
(3) the degree of commitment by the State
or local government to support ongoing nonFederal support for the hazard mitigation
measures to be carried out using the technical
and financial assistance;
(4) the extent to which the hazard mitigation measures to be carried out using the technical and financial assistance contribute to

§ 5133

TITLE 42—THE PUBLIC HEALTH AND WELFARE

the mitigation goals and priorities established
by the State;
(5) the extent to which the technical and financial assistance is consistent with other assistance provided under this chapter;
(6) the extent to which prioritized, cost-effective mitigation activities that produce
meaningful and definable outcomes are clearly
identified;
(7) if the State or local government has submitted a mitigation plan under section 5165 of
this title, the extent to which the activities
identified under paragraph (6) are consistent
with the mitigation plan;
(8) the opportunity to fund activities that
maximize net benefits to society;
(9) the extent to which assistance will fund
mitigation activities in small impoverished
communities; and
(10) such other criteria as the President establishes in consultation with State and local
governments.
(h) Federal share
(1) In general
Financial assistance provided under this section may contribute up to 75 percent of the
total cost of mitigation activities approved by
the President.
(2) Small impoverished communities
Notwithstanding paragraph (1), the President may contribute up to 90 percent of the
total cost of a mitigation activity carried out
in a small impoverished community.
(i) National Predisaster Mitigation Fund
(1) Establishment
The President may establish in the Treasury
of the United States a fund to be known as the
‘‘National Predisaster Mitigation Fund’’, to be
used in carrying out this section.
(2) Transfers to Fund
There shall be deposited in the Fund—
(A) amounts appropriated to carry out this
section, which shall remain available until
expended; and
(B) sums available from gifts, bequests, or
donations of services or property received by
the President for the purpose of predisaster
hazard mitigation.
(3) Expenditures from Fund
Upon request by the President, the Secretary of the Treasury shall transfer from the
Fund to the President such amounts as the
President determines are necessary to provide
technical and financial assistance under this
section.
(4) Investment of amounts
(A) In general
The Secretary of the Treasury shall invest
such portion of the Fund as is not, in the
judgment of the Secretary of the Treasury,
required to meet current withdrawals. Investments may be made only in interestbearing obligations of the United States.
(B) Acquisition of obligations
For the purpose of investments under subparagraph (A), obligations may be acquired—

Page 5436

(i) on original issue at the issue price; or
(ii) by purchase of outstanding obligations at the market price.
(C) Sale of obligations
Any obligation acquired by the Fund may
be sold by the Secretary of the Treasury at
the market price.
(D) Credits to Fund
The interest on, and the proceeds from the
sale or redemption of, any obligations held
in the Fund shall be credited to and form a
part of the Fund.
(E) Transfers of amounts
(i) In general
The amounts required to be transferred
to the Fund under this subsection shall be
transferred at least monthly from the general fund of the Treasury to the Fund on
the basis of estimates made by the Secretary of the Treasury.
(ii) Adjustments
Proper adjustment shall be made in
amounts subsequently transferred to the
extent prior estimates were in excess of or
less than the amounts required to be
transferred.
(j) Limitation on total amount of financial assistance
The President shall not provide financial assistance under this section in an amount greater
than the amount available in the Fund.
(k) Multihazard advisory maps
(1) Definition of multihazard advisory map
In this subsection, the term ‘‘multihazard
advisory map’’ means a map on which hazard
data concerning each type of natural disaster
is identified simultaneously for the purpose of
showing areas of hazard overlap.
(2) Development of maps
In consultation with States, local governments, and appropriate Federal agencies, the
President shall develop multihazard advisory
maps for areas, in not fewer than five States,
that are subject to commonly recurring natural hazards (including flooding, hurricanes and
severe winds, and seismic events).
(3) Use of technology
In developing multihazard advisory maps
under this subsection, the President shall use,
to the maximum extent practicable, the most
cost-effective and efficient technology available.
(4) Use of maps
(A) Advisory nature
The multihazard advisory maps shall be
considered to be advisory and shall not require the development of any new policy by,
or impose any new policy on, any government or private entity.
(B) Availability of maps
The multihazard advisory maps shall be
made available to the appropriate State and
local governments for the purposes of—

Page 5437

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(i) informing the general public about
the risks of natural hazards in the areas
described in paragraph (2);
(ii) supporting the activities described in
subsection (e) of this section; and
(iii) other public uses.
(l) Report on Federal and State administration
Not later than 18 months after October 30,
2000, the President, in consultation with State
and local governments, shall submit to Congress
a report evaluating efforts to implement this
section and recommending a process for transferring greater authority and responsibility for
administering the assistance program established under this section to capable States.
(m) Authorization of appropriations
There are authorized to be appropriated to
carry out this section—
(1) $180,000,000 for fiscal year 2011;
(2) $200,000,000 for fiscal year 2012; and
(3) $200,000,000 for fiscal year 2013.
(n) Prohibition on earmarks
(1) Definition
In this subsection, the term ‘‘congressionally directed spending’’ means a statutory provision or report language included primarily
at the request of a Senator or a Member, Delegate or Resident Commissioner of the House of
Representatives providing, authorizing, or recommending a specific amount of discretionary
budget authority, credit authority, or other
spending authority for a contract, loan, loan
guarantee, grant, loan authority, or other expenditure with or to an entity, or targeted to
a specific State, locality, or Congressional district, other than through a statutory or administrative formula-driven or competitive
award process.
(2) Prohibition
None of the funds appropriated or otherwise
made available to carry out this section may
be used for congressionally directed spending.
(3) Certification to Congress
The Administrator of the Federal Emergency Management Agency shall submit to
Congress a certification regarding whether all
financial assistance under this section was
awarded in accordance with this section.
(Pub. L. 93–288, title II, § 203, as added Pub. L.
106–390, title I, § 102(a), Oct. 30, 2000, 114 Stat.
1553; amended Pub. L. 108–199, div. H, § 135, Jan.
23, 2004, 118 Stat. 441; Pub. L. 108–447, div. J, title
I, § 105, Dec. 8, 2004, 118 Stat. 3343; Pub. L. 109–139,
§ 2, Dec. 22, 2005, 119 Stat. 2649; Pub. L. 110–329,
div. D, title V, § 553, Sept. 30, 2008, 122 Stat. 3690;
Pub. L. 111–83, title V, § 543, Oct. 28, 2009, 123
Stat. 2176; Pub. L. 111–351, §§ 3(a), (b), 4, Jan. 4,
2011, 124 Stat. 3864.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (g)(5), was in the
original ‘‘this Act’’, meaning Pub. L. 93–288, May 22,
1974, 88 Stat. 143. For complete classification of this
Act to the Code, see Short Title note set out under section 5121 of this title and Tables.
AMENDMENTS
2011—Subsec. (f). Pub. L. 111–351, § 3(a), amended subsec. (f) generally. Prior to amendment, subsec. (f) related to a different allocation of funds.

§ 5133

Subsec. (m). Pub. L. 111–351, § 3(b), amended subsec.
(m) generally. Prior to amendment, subsec. (m) related
to the termination of this section on Sept. 30, 2010.
Subsec. (n). Pub. L. 111–351, § 4, added subsec. (n).
2009—Subsec. (m). Pub. L. 111–83 substituted ‘‘September 30, 2010’’ for ‘‘September 30, 2009’’.
2008—Subsec. (m). Pub. L. 110–329 substituted ‘‘September 30, 2009’’ for ‘‘September 30, 2008’’.
2005—Subsec. (m). Pub. L. 109–139 substituted ‘‘September 30, 2008’’ for ‘‘December 31, 2005’’.
2004—Subsec. (m). Pub. L. 108–447 substituted ‘‘2005’’
for ‘‘2004’’.
Pub. L. 108–199 substituted ‘‘2004’’ for ‘‘2003’’.
FINDINGS
Pub. L. 111–351, § 2, Jan. 4, 2011, 124 Stat. 3863, provided
that: ‘‘Congress finds the following:
‘‘(1) The predisaster hazard mitigation program has
been successful and cost-effective. Funding from the
predisaster hazard mitigation program has successfully reduced loss of life, personal injuries, damage to
and destruction of property, and disruption of communities from disasters.
‘‘(2) The predisaster hazard mitigation program has
saved Federal taxpayers from spending significant
sums on disaster recovery and relief that would have
been otherwise incurred had communities not successfully applied mitigation techniques.
‘‘(3) A 2007 Congressional Budget Office report found
that the predisaster hazard mitigation program reduced losses by roughly $3 (measured in 2007 dollars)
for each dollar invested in mitigation efforts funded
under the predisaster hazard mitigation program.
Moreover, the Congressional Budget Office found that
projects funded under the predisaster hazard mitigation program could lower the need for post-disaster
assistance from the Federal Government so that the
predisaster hazard mitigation investment by the Federal Government would actually save taxpayer funds.
‘‘(4) A 2005 report by the Multihazard Mitigation
Council showed substantial benefits and cost savings
from the hazard mitigation programs of the Federal
Emergency Management Agency generally. Looking
at a range of hazard mitigation programs of the Federal Emergency Management Agency, the study
found that, on average, $1 invested by the Federal
Emergency Management Agency in hazard mitigation provided the Nation with roughly $4 in benefits.
Moreover, the report projected that the mitigation
grants awarded between 1993 and 2003 would save
more than 220 lives and prevent nearly 4,700 injuries
over approximately 50 years.
‘‘(5) Given the substantial savings generated from
the predisaster hazard mitigation program in the
years following the provision of assistance under the
program, increasing funds appropriated for the program would be a wise investment.’’
FINDINGS AND PURPOSE
Pub. L. 106–390, title I, § 101, Oct. 30, 2000, 114 Stat.
1552, provided that:
‘‘(a) FINDINGS.—Congress finds that—
‘‘(1) natural disasters, including earthquakes,
tsunamis, tornadoes, hurricanes, flooding, and
wildfires, pose great danger to human life and to
property throughout the United States;
‘‘(2) greater emphasis needs to be placed on—
‘‘(A) identifying and assessing the risks to States
and local governments (including Indian tribes)
from natural disasters;
‘‘(B) implementing adequate measures to reduce
losses from natural disasters; and
‘‘(C) ensuring that the critical services and facilities of communities will continue to function after
a natural disaster;
‘‘(3) expenditures for postdisaster assistance are increasing without commensurate reductions in the
likelihood of future losses from natural disasters;
‘‘(4) in the expenditure of Federal funds under the
Robert T. Stafford Disaster Relief and Emergency As-

§ 5134

TITLE 42—THE PUBLIC HEALTH AND WELFARE

sistance Act (42 U.S.C. 5121 et seq.), high priority
should be given to mitigation of hazards at the local
level; and
‘‘(5) with a unified effort of economic incentives,
awareness and education, technical assistance, and
demonstrated Federal support, States and local governments (including Indian tribes) will be able to—
‘‘(A) form effective community-based partnerships for hazard mitigation purposes;
‘‘(B) implement effective hazard mitigation measures that reduce the potential damage from natural
disasters;
‘‘(C) ensure continued functionality of critical
services;
‘‘(D) leverage additional non-Federal resources in
meeting natural disaster resistance goals; and
‘‘(E) make commitments to long-term hazard
mitigation efforts to be applied to new and existing
structures.
‘‘(b) PURPOSE.—The purpose of this title [enacting
this section and sections 5134, 5165 and 5165a of this
title, amending section 5170c of this title, and repealing
section 5176 of this title] is to establish a national disaster hazard mitigation program—
‘‘(1) to reduce the loss of life and property, human
suffering, economic disruption, and disaster assistance costs resulting from natural disasters; and
‘‘(2) to provide a source of predisaster hazard mitigation funding that will assist States and local governments (including Indian tribes) in implementing
effective hazard mitigation measures that are designed to ensure the continued functionality of critical services and facilities after a natural disaster.’’

§ 5134. Interagency task force
(a) In general
The President shall establish a Federal interagency task force for the purpose of coordinating the implementation of predisaster hazard
mitigation programs administered by the Federal Government.
(b) Chairperson
The Administrator of the Federal Emergency
Management Agency shall serve as the chairperson of the task force.
(c) Membership
The membership of the task force shall include representatives of—
(1) relevant Federal agencies;
(2) State and local government organizations
(including Indian tribes); and
(3) the American Red Cross.
(Pub. L. 93–288, title II, § 204, as added Pub. L.
106–390, title I, § 103, Oct. 30, 2000, 114 Stat. 1557;
amended Pub. L. 111–351, § 3(c)(2), Jan. 4, 2011, 124
Stat. 3864.)
AMENDMENTS
2011—Subsec. (b). Pub. L. 111–351 substituted ‘‘Administrator’’ for ‘‘Director’’.
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treat-

Page 5438

ment of related references, see former section 313(1) and
sections 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.

SUBCHAPTER III—MAJOR DISASTER AND
EMERGENCY ASSISTANCE ADMINISTRATION
§ 5141. Waiver of administrative conditions
Any Federal agency charged with the administration of a Federal assistance program may, if
so requested by the applicant State or local authorities, modify or waive, for a major disaster,
such administrative conditions for assistance as
would otherwise prevent the giving of assistance
under such programs if the inability to meet
such conditions is a result of the major disaster.
(Pub. L. 93–288, title III, § 301, as added Pub. L.
100–707, title I, § 105(a)(2), Nov. 23, 1988, 102 Stat.
4691.)
PRIOR PROVISIONS
A prior section 5141, Pub. L. 93–288, title III, § 301, May
22, 1974, 88 Stat. 146, set out procedure for determination of existence of emergency or major disaster, prior
to repeal by Pub. L. 100–707, § 105(a)(2).

§ 5142. Repealed. Pub. L. 100–707, title
§ 105(a)(2), Nov. 23, 1988, 102 Stat. 4691

I,

Section, Pub. L. 93–288, title III, § 302, May 22, 1974, 88
Stat. 146, related to Federal assistance and its coordination with State and local disaster assistance.

§ 5143. Coordinating officers
(a) Appointment of Federal coordinating officer
Immediately upon his declaration of a major
disaster or emergency, the President shall appoint a Federal coordinating officer to operate
in the affected area.
(b) Functions of Federal coordinating officer
In order to effectuate the purposes of this
chapter, the Federal coordinating officer, within
the affected area, shall—
(1) make an initial appraisal of the types of
relief most urgently needed;
(2) establish such field offices as he deems
necessary and as are authorized by the President;
(3) coordinate the administration of relief,
including activities of the State and local governments, 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 3001 of title
36; and
(4) take such other action, consistent with
authority delegated to him by the President,
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.
(c) State coordinating officer
When the President determines assistance
under this chapter is necessary, he shall request

Page 5439

TITLE 42—THE PUBLIC HEALTH AND WELFARE

that the Governor of the affected State designate a State coordinating officer for the purpose of coordinating State and local disaster assistance efforts with those of the Federal Government.
(d) Single Federal coordinating officer for multistate area
Where the area affected by a major disaster or
emergency includes parts of more than 1 State,
the President, at the discretion of the President,
may appoint a single Federal coordinating officer for the entire affected area, and may appoint
such deputy Federal coordinating officers to assist the Federal coordinating officer as the
President determines appropriate.
(Pub. L. 93–288, title III, § 302, formerly § 303, May
22, 1974, 88 Stat. 147; renumbered § 302 and
amended Pub. L. 100–707, title I, § 105(b), Nov. 23,
1988, 102 Stat. 4691; Pub. L. 109–295, title VI, § 687,
Oct. 4, 2006, 120 Stat. 1448.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (b) and (c), was
in the original ‘‘this Act’’, meaning Pub. L. 93–288, May
22, 1974, 88 Stat. 143, as amended. For complete classification of this Act to the Code, see Short Title note
set out under section 5121 of this title and Tables.
CODIFICATION
In subsec. (b)(3), ‘‘chapter 3001 of title 36’’ substituted
for ‘‘the Act of January 5, 1905, as amended (33 Stat.
599)’’ on authority of Pub. L. 105–225, § 5(b), Aug. 12, 1998,
112 Stat. 1499, the first section of which enacted Title
36, Patriotic and National Observances, Ceremonies,
and Organizations.
PRIOR PROVISIONS
A prior section 302 of Pub. L. 93–288 was classified to
section 5142 of this title prior to repeal by Pub. L.
100–707.
AMENDMENTS
2006—Subsec. (d). Pub. L. 109–295 added subsec. (d).
1988—Subsec. (a). Pub. L. 100–707 inserted ‘‘or emergency’’ after ‘‘major disaster’’.

§ 5144. Emergency support and response teams
(a) Emergency support teams
The President shall form emergency support
teams of Federal personnel to be deployed in an
area affected by a major disaster or emergency.
Such emergency support teams shall assist the
Federal coordinating officer in carrying out his
responsibilities pursuant to this chapter. Upon
request of the President, the head of any Federal agency is directed to detail to temporary
duty with the emergency support teams on either a reimbursable or nonreimbursable basis, as
is determined necessary by the President, such
personnel within the administrative jurisdiction
of the head of the Federal agency as the President 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.
(b) Emergency response teams
(1) Establishment
In carrying out subsection (a), the President,
acting through the Administrator of the Federal Emergency Management Agency, shall establish—

§ 5147

(A) at a minimum 3 national response
teams; and
(B) sufficient regional response teams, including Regional Office strike teams under
section 317 of title 6; and
(C) other response teams as may be necessary to meet the incident management responsibilities of the Federal Government.
(2) Target capability level
The Administrator shall ensure that specific
target capability levels, as defined pursuant to
the guidelines established under section 746(a)
of title 6, are established for Federal emergency response teams.
(3) Personnel
The President, acting through the Administrator, shall ensure that the Federal emergency response teams consist of adequate
numbers of properly planned, organized,
equipped, trained, and exercised personnel to
achieve the established target capability levels. Each emergency response team shall work
in coordination with State and local officials
and onsite personnel associated with a particular incident.
(4) Readiness reporting
The Administrator shall evaluate team readiness on a regular basis and report team readiness levels in the report required under section 752(a) of title 6.
(Pub. L. 93–288, title III, § 303, formerly § 304, May
22, 1974, 88 Stat. 148; renumbered § 303, Pub. L.
100–707, title I, § 105(c), Nov. 23, 1988, 102 Stat.
4691; amended Pub. L. 109–295, title VI, § 633, Oct.
4, 2006, 120 Stat. 1421; Pub. L. 111–351, § 3(c)(2),
Jan. 4, 2011, 124 Stat. 3864.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original ‘‘this Act’’, meaning Pub. L. 93–288, May 22,
1974, 88 Stat. 143. For complete classification of this
Act to the Code, see Short Title note set out under section 5121 of this title and Tables.
PRIOR PROVISIONS
A prior section 303 of Pub. L. 93–288 was renumbered
section 302 by Pub. L. 100–707 and is classified to section
5143 of this title.
AMENDMENTS
2011—Subsec. (b). Pub. L. 111–351 substituted ‘‘Administrator’’ for ‘‘Director’’ wherever appearing.
2006—Pub. L. 109–295 substituted ‘‘Emergency support
and response teams’’ for ‘‘Emergency support teams’’
in section catchline, designated existing provisions as
subsec. (a), inserted subsec. heading, and added subsec.
(b).

§§ 5145, 5146. Repealed. Pub. L. 100–707, title I,
§ 105(d), Nov. 23, 1988, 102 Stat. 4691
Section 5145, Pub. L. 93–288, title III, § 305, May 22,
1974, 88 Stat. 148, related to authority of President to
provide assistance in an emergency.
Section 5146, Pub. L. 93–288, title III, § 306, May 22,
1974, 88 Stat. 148, related to cooperation of Federal
agencies in rendering disaster assistance.

§ 5147. Reimbursement of Federal agencies
Federal agencies may be reimbursed for expenditures under this chapter from funds appro-

§ 5148

TITLE 42—THE PUBLIC HEALTH AND WELFARE

priated for the purposes of this chapter. Any
funds received by Federal agencies as reimbursement for services or supplies furnished under the
authority of this chapter shall be deposited to
the credit of the appropriation or appropriations
currently available for such services or supplies.
(Pub. L. 93–288, title III, § 304, formerly § 307, May
22, 1974, 88 Stat. 149; renumbered § 304, Pub. L.
100–707, title I, § 105(d), Nov. 23, 1988, 102 Stat.
4691.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88
Stat. 143. For complete classification of this Act to the
Code, see Short Title note set out under section 5121 of
this title and Tables.
PRIOR PROVISIONS
A prior section 304 of Pub. L. 93–288 was renumbered
section 303 by Pub. L. 100–707 and is classified to section
5144 of this title.

§ 5148. Nonliability of Federal Government
The Federal Government shall not be liable
for any claim based upon the exercise or performance of or the failure to exercise or perform
a discretionary function or duty on the part of
a Federal agency or an employee of the Federal
Government in carrying out the provisions of
this chapter.
(Pub. L. 93–288, title III, § 305, formerly § 308, May
22, 1974, 88 Stat. 149; renumbered § 305, Pub. L.
100–707, title I, § 105(d), Nov. 23, 1988, 102 Stat.
4691.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88
Stat. 143. For complete classification of this Act to the
Code, see Short Title note set out under section 5121 of
this title and Tables.
PRIOR PROVISIONS
A prior section 305 of Pub. L. 93–288 was classified to
section 5145 of this title prior to repeal by Pub. L.
100–707.

§ 5149. Performance of services
(a) Utilization of services or facilities of State
and local governments
In carrying out the purposes of this chapter,
any Federal agency is authorized to accept and
utilize the services or facilities of any State or
local government, or of any agency, office, or
employee thereof, with the consent of such government.
(b) Appointment of temporary personnel, experts, and consultants; acquisition, rental, or
hire of equipment, services, materials and
supplies
In performing any services under this chapter,
any Federal agency is authorized—
(1) to appoint and fix the compensation of
such temporary personnel as may be necessary, without regard to the provisions of
title 5 governing appointments in competitive
service;
(2) to employ experts and consultants in accordance with the provisions of section 3109 of

Page 5440

such title, 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; and
(3) to incur obligations on behalf of the
United States by contract or otherwise for the
acquisition, rental, or hire of equipment, services, materials, and supplies for shipping,
drayage, travel, and communications, and for
the supervision and administration of such activities. Such obligations, including obligations arising out of the temporary employment of additional personnel, may be incurred
by an agency in such amount as may be made
available to it by the President.
(Pub. L. 93–288, title III, § 306, formerly § 309, May
22, 1974, 88 Stat. 149; renumbered § 306, Pub. L.
100–707, title I, § 105(d), Nov. 23, 1988, 102 Stat.
4691.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88
Stat. 143. For complete classification of this Act to the
Code, see Short Title note set out under section 5121 of
this title and Tables.
PRIOR PROVISIONS
A prior section 306 of Pub. L. 93–288 was classified to
section 5146 of this title prior to repeal by Pub. L.
100–707.

§ 5150. Use of local firms and individuals
(a) Contracts or agreements with private entities
(1) In general
In the expenditure of Federal funds for debris clearance, distribution of supplies, reconstruction, and other major disaster or emergency assistance activities which may be carried out by contract or agreement with private
organizations, firms, or individuals, preference
shall be given, to the extent feasible and practicable, to those organizations, firms, and individuals residing or doing business primarily
in the area affected by such major disaster or
emergency.
(2) Construction
This subsection shall not be considered to
restrict the use of Department of Defense resources under this chapter in the provision of
assistance in a major disaster.
(3) Specific geographic area
In carrying out this section, a contract or
agreement may be set aside for award based on
a specific geographic area.
(b) Implementation
(1) Contracts not to entities in area
Any expenditure of Federal funds for debris
clearance, distribution of supplies, reconstruction, and other major disaster or emergency
assistance activities which may be carried out
by contract or agreement with private organizations, firms, or individuals, not awarded to
an organization, firm, or individual residing or
doing business primarily in the area affected
by such major disaster shall be justified in
writing in the contract file.
(2) Transition
Following the declaration of an emergency
or major disaster, an agency performing re-

Page 5441

TITLE 42—THE PUBLIC HEALTH AND WELFARE

sponse, relief, and reconstruction activities
shall transition work performed under contracts in effect on the date on which the President declares the emergency or major disaster
to organizations, firms, and individuals residing or doing business primarily in any area affected by the major disaster or emergency, unless the head of such agency determines that
it is not feasible or practicable to do so.
(3) Formulation of requirements
The head of a Federal agency, as feasible and
practicable, shall formulate appropriate requirements to facilitate compliance with this
section.
(c) Prior contracts
Nothing in this section shall be construed to
require any Federal agency to breach or renegotiate any contract in effect before the occurrence of a major disaster or emergency.
(Pub. L. 93–288, title III, § 307, as added Pub. L.
109–295, title VI, § 694, Oct. 4, 2006, 120 Stat. 1459;
amended Pub. L. 109–347, title VI, § 611, Oct. 13,
2006, 120 Stat. 1943.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a)(2), was in the
original ‘‘this Act’’, meaning Pub. L. 93–288, May 22,
1974, 88 Stat. 143. For complete classification of this
Act to the Code, see Short Title note set out under section 5121 of this title and Tables.
PRIOR PROVISIONS
A prior section 5150, Pub. L. 93–288, title III, § 307, formerly § 310, May 22, 1974, 88 Stat. 150; renumbered § 307
and amended Pub. L. 100–707, title I, § 105(e), Nov. 23,
1988, 102 Stat. 4691; Pub. L. 109–218, § 2, Apr. 20, 2006, 120
Stat. 333, provided for the use of local firms and individuals for major disaster or emergency assistance activities, prior to repeal by Pub. L. 109–295, title VI, § 694,
Oct. 4, 2006, 120 Stat. 1459.
A prior section 307 of Pub. L. 93–288 was renumbered
section 304 by Pub. L. 100–707 and is classified to section
5147 of this title.
AMENDMENTS
2006—Subsec. (b)(3). Pub. L. 109–347 added par. (3).

§ 5151. Nondiscrimination in disaster assistance
(a) Regulations for equitable and impartial relief
operations
The President shall issue, and may alter and
amend, such regulations as may be necessary for
the guidance of personnel carrying out Federal
assistance functions at the site of a major disaster or emergency. Such regulations shall include
provisions for insuring that the distribution of
supplies, the processing of applications, and
other relief and assistance activities shall be accomplished in an equitable and impartial manner, without discrimination on the grounds of
race, color, religion, nationality, sex, age, disability, English proficiency, or economic status.
(b) Compliance with regulations as prerequisite
to participation by other bodies in relief operations
As a condition of participation in the distribution of assistance or supplies under this chapter
or of receiving assistance under this chapter,
governmental bodies and other organizations
shall be required to comply with regulations re-

§ 5152

lating to nondiscrimination promulgated by the
President, and such other regulations applicable
to activities within an area affected by a major
disaster or emergency as he deems necessary for
the effective coordination of relief efforts.
(Pub. L. 93–288, title III, § 308, formerly § 311, May
22, 1974, 88 Stat. 150; renumbered § 308 and
amended Pub. L. 100–707, title I, § 105(f), Nov. 23,
1988, 102 Stat. 4691; Pub. L. 109–295, title VI,
§ 689a, Oct. 4, 2006, 120 Stat. 1449.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (b), was in the
original ‘‘this Act’’, meaning Pub. L. 93–288, May 22,
1974, 88 Stat. 143. For complete classification of this
Act to the Code, see Short Title note set out under section 5121 of this title and Tables.
PRIOR PROVISIONS
A prior section 308 of Pub. L. 93–288 was renumbered
section 305 by Pub. L. 100–707 and is classified to section
5148 of this title.
AMENDMENTS
2006—Subsec. (a). Pub. L. 109–295 inserted ‘‘disability,
English proficiency,’’ after ‘‘age,’’.
1988—Subsec. (b). Pub. L. 100–707 substituted ‘‘this
chapter’’ for ‘‘section 5172 or 5174 of this title’’ after
‘‘assistance under’’.

§ 5152. Use and coordination of relief organizations
(a) In providing relief and assistance under
this chapter, the President may utilize, with
their consent, the personnel and facilities of the
American National Red Cross, the Salvation
Army, the Mennonite Disaster Service, and
other relief or disaster assistance organizations,
in the distribution of medicine, food, supplies, or
other items, and in the restoration, rehabilitation, or reconstruction of community services
housing and essential facilities, whenever the
President finds that such utilization is necessary.
(b) The President is authorized to enter into
agreements with the American National Red
Cross, the Salvation Army, the Mennonite Disaster Service, and other relief or disaster assistance organizations under which the disaster relief activities of such organizations may be coordinated by the Federal coordinating officer
whenever such organizations are engaged in providing relief during and after a major disaster or
emergency. Any such agreement shall include
provisions assuring that use of Federal facilities, supplies, and services will be in compliance
with regulations prohibiting duplication of benefits and guaranteeing nondiscrimination promulgated by the President under this chapter,
and such other regulation as the President may
require.
(Pub. L. 93–288, title III, § 309, formerly § 312, May
22, 1974, 88 Stat. 150; renumbered § 309, Pub. L.
100–707, title I, § 105(f), Nov. 23, 1988, 102 Stat.
4691.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88
Stat. 143. For complete classification of this Act to the
Code, see Short Title note set out under section 5121 of
this title and Tables.

§ 5153

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Page 5442

PRIOR PROVISIONS

CODIFICATION

A prior section 309 of Pub. L. 93–288 was renumbered
section 306 by Pub. L. 100–707 and is classified to section
5149 of this title.

‘‘Sections 3502 to 3505 of title 40’’ substituted for
‘‘Section 702 of the Housing Act of 1954’’ in subsec.
(a)(2) and ‘‘Subtitle IV of title 40’’ substituted for ‘‘The
Appalachian Regional Development Act of 1965’’ in subsec. (a)(6) on authority of Pub. L. 107–217, § 5(c), Aug. 21,
2002, 116 Stat. 1303, the first section of which enacted
Title 40, Public Buildings, Property, and Works.

§ 5153. Priority to certain applications for public
facility and public housing assistance
(a) Priority
In the processing of applications for assistance, priority and immediate consideration
shall be given by the head of the appropriate
Federal agency, during such period as the President shall prescribe, to applications from public
bodies situated in areas affected by major disasters under the following Acts:
(1) The United States Housing Act of 1937 [42
U.S.C. 1437 et seq.] for the provision of low-income housing.
(2) Sections 3502 to 3505 of title 40 for assistance in public works planning.
(3) The Community Development Block
Grant Program under title I of the Housing
and Community Development Act of 1974 [42
U.S.C. 5301 et seq.].
(4) Section 1926 of title 7.
(5) The Public Works and Economic Development Act of 1965 [42 U.S.C. 3121 et seq.].
(6) Subtitle IV of title 40.
(7) The Federal Water Pollution Control Act
[33 U.S.C. 1251 et seq.].
(b) Obligation of certain discretionary funds
In the obligation of discretionary funds or
funds which are not allocated among the States
or political subdivisions of a State, the Secretary of Housing and Urban Development and
the Secretary of Commerce shall give priority to
applications for projects for major disaster
areas.
(Pub. L. 93–288, title III, § 310, as added Pub. L.
100–707, title I, § 105(g), Nov. 23, 1988, 102 Stat.
4691.)
REFERENCES IN TEXT
The United States Housing Act of 1937, referred to in
subsec. (a)(1), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974,
88 Stat. 653, which is classified generally to chapter 8
(§ 1437 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out
under section 1437 of this title and Tables.
The Housing and Community Development Act of
1974, referred to in subsec. (a)(3), is Pub. L. 93–383, Aug.
22, 1974, 88 Stat. 633, as amended. Title I of the Housing
and Community Development Act of 1974 is classified
principally to chapter 69 (§ 5301 et seq.) of this title. For
complete classification of this Act to the Code, see
Short Title note set out under section 5301 of this title
and Tables.
The Public Works and Economic Development Act of
1965, as amended, referred to in subsec. (a)(5), is Pub. L.
89–136, Aug. 26, 1965, 79 Stat. 552, as amended, which is
classified principally to chapter 38 (§ 3121 et seq.) of this
title. For complete classification of this Act to the
Code, see Short Title note set out under section 3121 of
this title and Tables.
The Federal Water Pollution Control Act, referred to
in subsec. (a)(7), is act June 30, 1948, ch. 758, as amended
generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816,
which is classified generally to chapter 26 (§ 1251 et seq.)
of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short
Title note set out under section 1251 of Title 33 and
Tables.

PRIOR PROVISIONS
A prior section 5153, Pub. L. 93–288, title III, § 313, May
22, 1974, 88 Stat. 150, related to same subject matter as
present section but with references to different acts
and provisions, prior to repeal by Pub. L. 100–707,
§ 105(g).
A prior section 310 of Pub. L. 93–288 was renumbered
section 307 by Pub. L. 100–707 and was classified to section 5150 of this title, prior to repeal by Pub. L. 109–295.

§ 5154. Insurance
(a) Applicants for replacement of damaged facilities
(1) Compliance with certain regulations
An applicant for assistance under section
5172 of this title (relating to repair, restoration, and replacement of damaged facilities),
section 5189 of this title (relating to simplified
procedure) or section 3149(c)(2) of this title
shall comply with regulations prescribed by
the President to assure that, with respect to
any property to be replaced, restored, repaired, or constructed with such assistance,
such types and extent of insurance will be obtained and maintained as may be reasonably
available, adequate, and necessary, to protect
against future loss to such property.
(2) Determination
In making a determination with respect to
availability, adequacy, and necessity under
paragraph (1), the President shall not require
greater types and extent of insurance than are
certified to him as reasonable by the appropriate State insurance commissioner responsible for regulation of such insurance.
(b) Maintenance of insurance
No applicant for assistance under section 5172
of this title (relating to repair, restoration, and
replacement of damaged facilities), section 5189
of this title (relating to simplified procedure), or
section 3149(c)(2) of this title may receive such
assistance for any property or part thereof for
which the applicant has previously received assistance under this chapter unless all insurance
required pursuant to this section has been obtained and maintained with respect to such
property. The requirements of this subsection
may not be waived under section 5141 of this
title.
(c) State acting as self-insurer
A State may elect to act as a self-insurer with
respect to any or all of the facilities owned by
the State. Such an election, if declared in writing at the time of acceptance of assistance
under section 5172 or 5189 of this title or section
3149(c)(2) of this title or subsequently and accompanied by a plan for self-insurance which is
satisfactory to the President, shall be deemed
compliance with subsection (a) of this section.
No such self-insurer may receive assistance

Page 5443

TITLE 42—THE PUBLIC HEALTH AND WELFARE

under section 5172 or 5189 of this title for any
property or part thereof for which it has previously received assistance under this chapter,
to the extent that insurance for such property
or part thereof would have been reasonably
available.
(Pub. L. 93–288, title III, § 311, as added Pub. L.
100–707, title I, § 105(h), Nov. 23, 1988, 102 Stat.
4692; amended Pub. L. 103–325, title V, § 521, Sept.
23, 1994, 108 Stat. 2257; Pub. L. 106–390, title II,
§ 201, Oct. 30, 2000, 114 Stat. 1559.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (b) and (c), was
in the original ‘‘this Act’’, meaning Pub. L. 93–288, May
22, 1974, 88 Stat. 143. For complete classification of this
Act to the Code, see Short Title note set out under section 5121 of this title and Tables.
PRIOR PROVISIONS
A prior section 5154, Pub. L. 93–288, title III, § 314, May
22, 1974, 88 Stat. 151, consisted of similar provisions,
prior to repeal by Pub. L. 100–707, § 105(h).
A prior section 311 of Pub. L. 93–288 was renumbered
section 308 by Pub. L. 100–707 and is classified to section
5151 of this title.
AMENDMENTS
2000—Subsecs. (a)(1), (b), (c). Pub. L. 106–390 substituted ‘‘section 3149(c)(2) of this title’’ for ‘‘section
3233 of this title’’.
1994—Subsec. (b). Pub. L. 103–325 inserted at end ‘‘The
requirements of this subsection may not be waived
under section 5141 of this title.’’

§ 5154a. Prohibited flood disaster assistance
(a) General prohibition
Notwithstanding any other provision of law,
no Federal disaster relief assistance made available in a flood disaster area may be used to
make a payment (including any loan assistance
payment) to a person for repair, replacement, or
restoration for damage to any personal, residential, or commercial property if that person at
any time has received flood disaster assistance
that was conditional on the person first having
obtained flood insurance under applicable Federal law and subsequently having failed to obtain and maintain flood insurance as required
under applicable Federal law on such property.
(b) Transfer of property
(1) Duty to notify
In the event of the transfer of any property
described in paragraph (3), the transferor
shall, not later than the date on which such
transfer occurs, notify the transferee in writing of the requirements to—
(A) obtain flood insurance in accordance
with applicable Federal law with respect to
such property, if the property is not so insured as of the date on which the property is
transferred; and
(B) maintain flood insurance in accordance
with applicable Federal law with respect to
such property.
Such written notification shall be contained
in documents evidencing the transfer of ownership of the property.
(2) Failure to notify
If a transferor described in paragraph (1)
fails to make a notification in accordance

§ 5154a

with such paragraph and, subsequent to the
transfer of the property—
(A) the transferee fails to obtain or maintain flood insurance in accordance with applicable Federal law with respect to the
property,
(B) the property is damaged by a flood disaster, and
(C) Federal disaster relief assistance is
provided for the repair, replacement, or restoration of the property as a result of such
damage,
the transferor shall be required to reimburse
the Federal Government in an amount equal
to the amount of the Federal disaster relief assistance provided with respect to the property.
(3) Property described
For purposes of paragraph (1), a property is
described in this paragraph if it is personal,
commercial, or residential property for which
Federal disaster relief assistance made available in a flood disaster area has been provided,
prior to the date on which the property is
transferred, for repair, replacement, or restoration of the property, if such assistance
was conditioned upon obtaining flood insurance in accordance with applicable Federal
law with respect to such property.
(c) Omitted
(d) ‘‘Flood disaster area’’ defined
For purposes of this section, the term ‘‘flood
disaster area’’ means an area with respect to
which—
(1) the Secretary of Agriculture finds, or has
found, to have been substantially affected by a
natural disaster in the United States pursuant
to section 1961(a) of title 7; or
(2) the President declares, or has declared,
the existence of a major disaster or emergency
pursuant to the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), as a result of flood conditions existing in or affecting that area.
(e) Effective date
This section and the amendments made by
this section shall apply to disasters declared
after September 23, 1994.
(Pub. L. 103–325, title V, § 582, Sept. 23, 1994, 108
Stat. 2286.)
REFERENCES IN TEXT
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (d)(2), is
Pub. L. 93–288, May 22, 1974, 88 Stat. 143, as amended,
which is classified principally to this chapter. For complete classification of this Act to the Code, see Short
Title note set out under section 5121 of this title and
Tables.
The amendments made by this section, referred to in
subsec. (e), means the amendments made by section
582(c) of Pub. L. 103–325, which amended section 4012a of
this title. See Codification note below.
CODIFICATION
Section is comprised of section 582 of Pub. L. 103–325.
Subsec. (c) of section 582 of Pub. L. 103–325 amended
section 4012a of this title.
Section was enacted as part of the National Flood Insurance Reform Act of 1994 and as part of the Riegle

§ 5155

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Page 5444

Community Development and Regulatory Improvement
Act of 1994, and not as part of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act which
comprises this chapter.

1974, 88 Stat. 143. For complete classification of this
Act to the Code, see Short Title note set out under section 5121 of this title and Tables.

§ 5155. Duplication of benefits

A prior section 5155, Pub. L. 93–288, title III, § 315, May
22, 1974, 88 Stat. 152, consisted of similar provisions,
prior to repeal by Pub. L. 100–707, § 105(i).
A prior section 312 of Pub. L. 93–288 was renumbered
section 309 by Pub. L. 100–707 and is classified to section
5152 of this title.

(a) General prohibition
The President, in consultation with the head
of each Federal agency administering any program providing financial assistance to persons,
business concerns, or other entities suffering
losses as a result of a major disaster or emergency, shall assure that no such person, business
concern, or other entity will receive such assistance with respect to any part of such loss as to
which he has received financial assistance under
any other program or from insurance or any
other source.
(b) Special rules
(1) Limitation
This section shall not prohibit the provision
of Federal assistance to a person who is or
may be entitled to receive benefits for the
same purposes from another source if such
person has not received such other benefits by
the time of application for Federal assistance
and if such person agrees to repay all duplicative assistance to the agency providing the
Federal assistance.
(2) Procedures
The President shall establish such procedures as the President considers necessary to
ensure uniformity in preventing duplication of
benefits.
(3) Effect of partial benefits
Receipt of partial benefits for a major disaster or emergency shall not preclude provision
of additional Federal assistance for any part
of a loss or need for which benefits have not
been provided.
(c) Recovery of duplicative benefits
A person receiving Federal assistance for a
major disaster or emergency shall be liable to
the United States to the extent that such assistance duplicates benefits available to the person
for the same purpose from another source. The
agency which provided the duplicative assistance shall collect such duplicative assistance
from the recipient in accordance with chapter 37
of title 31, relating to debt collection, when the
head of such agency considers it to be in the
best interest of the Federal Government.
(d) Assistance not income
Federal major disaster and emergency assistance provided to individuals and families under
this chapter, and comparable disaster assistance
provided by States, local governments, and disaster assistance organizations, shall not be considered as income or a resource when determining eligibility for or benefit levels under federally funded income assistance or resource-tested
benefit programs.
(Pub. L. 93–288, title III, § 312, as added Pub. L.
100–707, title I, § 105(i), Nov. 23, 1988, 102 Stat.
4693.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (d), was in the
original ‘‘this Act’’, meaning Pub. L. 93–288, May 22,

PRIOR PROVISIONS

§ 5156. Standards and reviews
The President shall establish comprehensive
standards which shall be used to assess the efficiency and effectiveness of Federal major disaster and emergency assistance programs administered under this chapter. The President shall
conduct annual reviews of the activities of Federal agencies and State and local governments
in major disaster and emergency preparedness
and in providing major disaster and emergency
assistance in order to assure maximum coordination and effectiveness of such programs and
consistency in policies for reimbursement of
States under this chapter.
(Pub. L. 93–288, title III, § 313, as added Pub. L.
100–707, title I, § 105(j), Nov. 23, 1988, 102 Stat.
4694.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88
Stat. 143. For complete classification of this Act to the
Code, see Short Title note set out under section 5121 of
this title and Tables.
PRIOR PROVISIONS
A prior section 5156, Pub. L. 93–288, title III, § 316, May
22, 1974, 88 Stat. 152, related to reviews and reports by
President, prior to repeal by Pub. L. 100–707, § 105(j).
A prior section 313 of Pub. L. 93–288 was classified to
section 5153 of this title prior to repeal by Pub. L.
100–707.

§ 5157. Penalties
(a) Misuse of funds
Any person who knowingly misapplies the proceeds of a loan or other cash benefit obtained
under this chapter shall be fined an amount
equal to one and one-half times the misapplied
amount of the proceeds or cash benefit.
(b) Civil enforcement
Whenever it appears that any person has violated or is about to violate any provision of this
chapter, including any civil penalty imposed
under this chapter, the Attorney General may
bring a civil action for such relief as may be appropriate. Such action may be brought in an appropriate United States district court.
(c) Referral to Attorney General
The President shall expeditiously refer to the
Attorney General for appropriate action any
evidence developed in the performance of functions under this chapter that may warrant consideration for criminal prosecution.
(d) Civil penalty
Any individual who knowingly violates any
order or regulation issued under this chapter
shall be subject to a civil penalty of not more
than $5,000 for each violation.

Page 5445

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(Pub. L. 93–288, title III, § 314, as added Pub. L.
100–707, title I, § 105(k), Nov. 23, 1988, 102 Stat.
4694.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88
Stat. 143. For complete classification of this Act to the
Code, see Short Title note set out under section 5121 of
this title and Tables.
PRIOR PROVISIONS
A prior section 5157, Pub. L. 93–288, title III, § 317, May
22, 1974, 88 Stat. 152, related to criminal and civil penalties, prior to repeal by Pub. L. 100–707, § 105(k).
A prior section 314 of Pub. L. 93–288 was classified to
section 5154 of this title prior to repeal by Pub. L.
100–707.

§ 5158. Availability of materials
The President is authorized, at the request of
the Governor of an affected State, to provide for
a survey of construction materials needed in the
area affected by a major disaster on an emergency basis for housing repairs, replacement
housing, public facilities repairs and replacement, farming operations, and business enterprises and to take appropriate action to assure
the availability and fair distribution of needed
materials, including, where possible, the allocation of such materials for a period of not more
than one hundred and eighty days after such
major disaster. Any allocation program shall be
implemented by the President to the extent possible, by working with and through those companies which traditionally supply construction
materials in the affected area. For the purposes
of this section ‘‘construction materials’’ shall
include building materials and materials required for repairing housing, replacement housing, public facilities repairs and replacement,
and for normal farm and business operations.
(Pub. L. 93–288, title III, § 315, formerly § 318, May
22, 1974, 88 Stat. 152; renumbered § 315, Pub. L.
100–707, title I, § 105(l), Nov. 23, 1988, 102 Stat.
4694.)
PRIOR PROVISIONS
A prior section 315 of Pub. L. 93–288 was classified to
section 5155 of this title prior to repeal by Pub. L.
100–707.

§ 5159. Protection of environment
An action which is taken or assistance which
is provided pursuant to section 5170a, 5170b, 5172,
5173, or 5192 of this title, including such assistance provided pursuant to the procedures provided for in section 5189 of this title, which has
the effect of restoring a facility substantially to
its condition prior to the disaster or emergency,
shall not be deemed a major Federal action significantly affecting the quality of the human environment within the meaning of the National
Environmental Policy Act of 1969 (83 Stat. 852)
[42 U.S.C. 4321 et seq.]. Nothing in this section
shall alter or affect the applicability of the National Environmental Policy Act of 1969 to other
Federal actions taken under this chapter or
under any other provisions of law.
(Pub. L. 93–288, title III, § 316, as added Pub. L.
100–707, title I, § 105(m)(1), Nov. 23, 1988, 102 Stat.
4694.)

§ 5161

REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in text, is Pub. L. 91–190, Jan. 1, 1970, 83 Stat.
852, which is classified generally to chapter 55 (§ 4321 et
seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 4321 of this title and Tables.
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88
Stat. 143. For complete classification of this Act to the
Code, see Short Title note set out under section 5121 of
this title and Tables.
PRIOR PROVISIONS
A prior section 316 of Pub. L. 93–288 was classified to
section 5156 of this title prior to repeal by Pub. L.
100–707.

§ 5160. Recovery of assistance
(a) Party liable
Any person who intentionally causes a condition for which Federal assistance is provided
under this chapter or under any other Federal
law as a result of a declaration of a major disaster or emergency under this chapter shall be liable to the United States for the reasonable costs
incurred by the United States in responding to
such disaster or emergency to the extent that
such costs are attributable to the intentional
act or omission of such person which caused
such condition. Such action for reasonable costs
shall be brought in an appropriate United States
district court.
(b) Rendering of care
A person shall not be liable under this section
for costs incurred by the United States as a result of actions taken or omitted by such person
in the course of rendering care or assistance in
response to a major disaster or emergency.
(Pub. L. 93–288, title III, § 317, as added Pub. L.
100–707, title I, § 105(m)(1), Nov. 23, 1988, 102 Stat.
4695.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original ‘‘this Act’’, meaning Pub. L. 93–288, May 22,
1974, 88 Stat. 143. For complete classification of this
Act to the Code, see Short Title note set out under section 5121 of this title and Tables.
PRIOR PROVISIONS
A prior section 317 of Pub. L. 93–288 was classified to
section 5157 of this title prior to repeal by Pub. L.
100–707.

§ 5161. Audits and investigations
(a) In general
Subject to the provisions of chapter 75 of title
31, relating to requirements for single audits,
the President shall conduct audits and investigations as necessary to assure compliance
with this chapter, and in connection therewith
may question such persons as may be necessary
to carry out such audits and investigations.
(b) Access to records
For purposes of audits and investigations
under this section, the President and Comptroller General may inspect any books, documents,
papers, and records of any person relating to any
activity undertaken or funded under this chapter.

§ 5162

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(c) State and local audits
The President may require audits by State and
local governments in connection with assistance
under this chapter when necessary to assure
compliance with this chapter or related regulations.
(Pub. L. 93–288, title III, § 318, as added Pub. L.
100–707, title I, § 105(m)(1), Nov. 23, 1988, 102 Stat.
4695.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88
Stat. 143. For complete classification of this Act to the
Code, see Short Title note set out under section 5121 of
this title and Tables.
PRIOR PROVISIONS
A prior section 318 of Pub. L. 93–288 was renumbered
section 315 by Pub. L. 100–707 and is classified to section
5158 of this title.

§ 5162. Advance of non-Federal share
(a) In general
The President may lend or advance to an eligible applicant or a State the portion of assistance for which the State is responsible under
the cost-sharing provisions of this chapter in
any case in which—
(1) the State is unable to assume its financial responsibility under such cost-sharing
provisions—
(A) with respect to concurrent, multiple
major disasters in a jurisdiction, or
(B) after incurring extraordinary costs as a
result of a particular disaster; and
(2) the damages caused by such disasters or
disaster are so overwhelming and severe that
it is not possible for the applicant or the State
to assume immediately their financial responsibility under this chapter.
(b) Terms of loans and advances
(1) In general
Any loan or advance under this section shall
be repaid to the United States.
(2) Interest
Loans and advances under this section shall
bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the current market yields on outstanding marketable obligations of the United
States with remaining periods to maturity
comparable to the reimbursement period of
the loan or advance.
(c) Regulations
The President shall issue regulations describing the terms and conditions under which any
loan or advance authorized by this section may
be made.
(Pub. L. 93–288, title III, § 319, as added Pub. L.
100–707, title I, § 105(m)(1), Nov. 23, 1988, 102 Stat.
4695.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original ‘‘this Act’’, meaning Pub. L. 93–288, May 22,
1974, 88 Stat. 143. For complete classification of this
Act to the Code, see Short Title note set out under section 5121 of this title and Tables.

Page 5446

§ 5163. Limitation on use of sliding scales
No geographic area shall be precluded from receiving assistance under this chapter solely by
virtue of an arithmetic formula or sliding scale
based on income or population.
(Pub. L. 93–288, title III, § 320, as added Pub. L.
100–707, title I, § 105(m)(1), Nov. 23, 1988, 102 Stat.
4696.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88
Stat. 143. For complete classification of this Act to the
Code, see Short Title note set out under section 5121 of
this title and Tables.

§ 5164. Rules and regulations
The President may prescribe such rules and
regulations as may be necessary and proper to
carry out the provisions of this chapter, and
may exercise, either directly or through such
Federal agency as the President may designate,
any power or authority conferred to the President by this chapter.
(Pub. L. 93–288, title III, § 321, as added Pub. L.
100–707, title I, § 105(m)(1), Nov. 23, 1988, 102 Stat.
4696.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88
Stat. 143. For complete classification of this Act to the
Code, see Short Title note set out under section 5121 of
this title and Tables.

§ 5165. Mitigation planning
(a) Requirement of mitigation plan
As a condition of receipt of an increased Federal share for hazard mitigation measures under
subsection (e) of this section, a State, local, or
tribal government shall develop and submit for
approval to the President a mitigation plan that
outlines processes for identifying the natural
hazards, risks, and vulnerabilities of the area
under the jurisdiction of the government.
(b) Local and tribal plans
Each mitigation plan developed by a local or
tribal government shall—
(1) describe actions to mitigate hazards,
risks, and vulnerabilities identified under the
plan; and
(2) establish a strategy to implement those
actions.
(c) State plans
The State process of development of a mitigation plan under this section shall—
(1) identify the natural hazards, risks, and
vulnerabilities of areas in the State;
(2) support development of local mitigation
plans;
(3) provide for technical assistance to local
and tribal governments for mitigation planning; and
(4) identify and prioritize mitigation actions
that the State will support, as resources become available.
(d) Funding
(1) In general
Federal contributions under section 5170c of
this title may be used to fund the development

Page 5447

TITLE 42—THE PUBLIC HEALTH AND WELFARE

and updating of mitigation plans under this
section.
(2) Maximum Federal contribution
With respect to any mitigation plan, a
State, local, or tribal government may use an
amount of Federal contributions under section
5170c of this title not to exceed 7 percent of the
amount of such contributions available to the
government as of a date determined by the
government.
(e) Increased Federal share for hazard mitigation measures
(1) In general
If, at the time of the declaration of a major
disaster, a State has in effect an approved
mitigation plan under this section, the President may increase to 20 percent, with respect
to the major disaster, the maximum percentage specified in the last sentence of section
5170c(a) of this title.
(2) Factors for consideration
In determining whether to increase the maximum percentage under paragraph (1), the
President shall consider whether the State has
established—
(A) eligibility criteria for property acquisition and other types of mitigation measures;
(B) requirements for cost effectiveness
that are related to the eligibility criteria;
(C) a system of priorities that is related to
the eligibility criteria; and
(D) a process by which an assessment of
the effectiveness of a mitigation action may
be carried out after the mitigation action is
complete.
(Pub. L. 93–288, title III, § 322, as added Pub. L.
106–390, title I, § 104(a), Oct. 30, 2000, 114 Stat.
1558.)
§ 5165a. Minimum standards for public and private structures
(a) In general
As a condition of receipt of a disaster loan or
grant under this chapter—
(1) the recipient shall carry out any repair or
construction to be financed with the loan or
grant in accordance with applicable standards
of safety, decency, and sanitation and in conformity with applicable codes, specifications,
and standards; and
(2) the President may require safe land use
and construction practices, after adequate
consultation with appropriate State and local
government officials.
(b) Evidence of compliance
A recipient of a disaster loan or grant under
this chapter shall provide such evidence of compliance with this section as the President may
require by regulation.
(Pub. L. 93–288, title III, § 323, as added Pub. L.
106–390, title I, § 104(a), Oct. 30, 2000, 114 Stat.
1559.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88
Stat. 143. For complete classification of this Act to the

§ 5165c

Code, see Short Title note set out under section 5121 of
this title and Tables.

§ 5165b. Management costs
(a) Definition of management cost
In this section, the term ‘‘management cost’’
includes any indirect cost, any administrative
expense, and any other expense not directly
chargeable to a specific project under a major
disaster, emergency, or disaster preparedness or
mitigation activity or measure.
(b) Establishment of management cost rates
Notwithstanding any other provision of law
(including any administrative rule or guidance),
the President shall by regulation establish management cost rates, for grantees and subgrantees, that shall be used to determine contributions under this chapter for management
costs.
(c) Review
The President shall review the management
cost rates established under subsection (b) of
this section not later than 3 years after the date
of establishment of the rates and periodically
thereafter.
(Pub. L. 93–288, title III, § 324, as added Pub. L.
106–390, title II, § 202(a), Oct. 30, 2000, 114 Stat.
1560.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (b), was in the
original ‘‘this Act’’, meaning Pub. L. 93–288, May 22,
1974, 88 Stat. 143. For complete classification of this
Act to the Code, see Short Title note set out under section 5121 of this title and Tables.
EFFECTIVE DATE
Pub. L. 106–390, title II, § 202(b), Oct. 30, 2000, 114 Stat.
1560, provided that:
‘‘(1) IN GENERAL.—Subject to paragraph (2), subsections (a) and (b) of section 324 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act [42
U.S.C. 5165b(a), (b)] (as added by subsection (a)) shall
apply to major disasters declared under that Act [42
U.S.C. 5121 et seq.] on or after the date of the enactment of this Act [Oct. 30, 2000].
‘‘(2) INTERIM AUTHORITY.—Until the date on which the
President establishes the management cost rates under
section 324 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (as added by subsection (a)),
section 406(f) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5172(f)) (as in
effect on the day before the date of the enactment of
this Act) shall be used to establish management cost
rates.’’

§ 5165c. Public notice, comment, and consultation
requirements
(a) Public notice and comment concerning new
or modified policies
(1) In general
The President shall provide for public notice
and opportunity for comment before adopting
any new or modified policy that—
(A) governs implementation of the public
assistance program administered by the Federal Emergency Management Agency under
this chapter; and
(B) could result in a significant reduction
of assistance under the program.

§ 5165d

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(2) Application
Any policy adopted under paragraph (1) shall
apply only to a major disaster or emergency
declared on or after the date on which the policy is adopted.
(b) Consultation concerning interim policies
(1) In general
Before adopting any interim policy under
the public assistance program to address specific conditions that relate to a major disaster
or emergency that has been declared under
this chapter, the President, to the maximum
extent practicable, shall solicit the views and
recommendations of grantees and subgrantees
with respect to the major disaster or emergency concerning the potential interim policy,
if the interim policy is likely—
(A) to result in a significant reduction of
assistance to applicants for the assistance
with respect to the major disaster or emergency; or
(B) to change the terms of a written agreement to which the Federal Government is a
party concerning the declaration of the
major disaster or emergency.
(2) No legal right of action
Nothing in this subsection confers a legal
right of action on any party.
(c) Public access
The President shall promote public access to
policies governing the implementation of the
public assistance program.
(Pub. L. 93–288, title III, § 325, as added Pub. L.
106–390, title II, § 203, Oct. 30, 2000, 114 Stat. 1560.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a)(1)(A) and
(b)(1), was in the original ‘‘this Act’’, meaning Pub. L.
93–288, May 22, 1974, 88 Stat. 143. For complete classification of this Act to the Code, see Short Title note
set out under section 5121 of this title and Tables.
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
sections 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.

§ 5165d. Designation of Small State and Rural Advocate
(a) In general
The President shall designate in the Federal
Emergency Management Agency a Small State
and Rural Advocate.
(b) Responsibilities
The Small State and Rural Advocate shall be
an advocate for the fair treatment of small

Page 5448

States and rural communities in the provision
of assistance under this chapter.
(c) Duties
The Small State and Rural Advocate shall—
(1) participate in the disaster declaration
process under section 5170 of this title and the
emergency declaration process under section
5191 of this title, to ensure that the needs of
rural communities are being addressed;
(2) assist small population States in the
preparation of requests for major disaster or
emergency declarations; and
(3) conduct such other activities as the Administrator of the Federal Emergency Management Agency considers appropriate.
(Pub. L. 93–288, title III, § 326, as added Pub. L.
109–295, title VI, § 689g(a), Oct. 4, 2006, 120 Stat.
1453; amended Pub. L. 111–351, § 3(c)(2), Jan. 4,
2011, 124 Stat. 3864.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (b), was in the
original ‘‘this Act’’, meaning Pub. L. 93–288, May 22,
1974, 88 Stat. 143. For complete classification of this
Act to the Code, see Short Title note set out under section 5121 of this title and Tables.
AMENDMENTS
2011—Subsec. (c)(3). Pub. L. 111–351 substituted ‘‘Administrator’’ for ‘‘Director’’.
CONSTRUCTION
Pub. L. 109–295, title VI, § 689g(c), Oct. 4, 2006, 120 Stat.
1453, provided that: ‘‘Nothing in this section [enacting
this section] or the amendments made by this section
shall be construed to authorize major disaster or emergency assistance that is not authorized as of the date
of enactment of this Act [Oct. 4, 2006].’’

SUBCHAPTER IV—MAJOR DISASTER
ASSISTANCE PROGRAMS
§ 5170. Procedure for declaration
All requests for a declaration by the President
that a major disaster exists shall be made by the
Governor of the affected State. Such a request
shall be based on a finding that the disaster is of
such severity and magnitude that effective response is beyond the capabilities of the State
and the affected local governments and that
Federal assistance is necessary. As part of such
request, and as a prerequisite to major disaster
assistance under this chapter, the Governor
shall take appropriate response action under
State law and direct execution of the State’s
emergency plan. The Governor shall furnish information on the nature and amount of State
and local resources which have been or will be
committed to alleviating the results of the disaster, and shall certify that, for the current disaster, State and local government obligations
and expenditures (of which State commitments
must be a significant proportion) will comply
with all applicable cost-sharing requirements of
this chapter. Based on the request of a Governor
under this section, the President may declare
under this chapter that a major disaster or
emergency exists.
(Pub. L. 93–288, title IV, § 401, as added Pub. L.
100–707, title I, § 106(a)(3), Nov. 23, 1988, 102 Stat.
4696.)

Page 5449

TITLE 42—THE PUBLIC HEALTH AND WELFARE

§ 5170b

REFERENCES IN TEXT

AMENDMENTS

This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88
Stat. 143, as amended. For complete classification of
this Act to the Code, see Short Title note set out under
section 5121 of this title and Tables.

2006—Par. (1). Pub. L. 109–295, § 681(a)(1), substituted
‘‘response or recovery efforts, including precautionary
evacuations’’ for ‘‘efforts’’.
Par. (2). Pub. L. 109–295, § 681(a)(2), substituted
‘‘, including precautionary evacuations and recovery;’’
for semicolon at end.
Par. (3)(F). Pub. L. 109–295, § 681(a)(3), added subpar.
(F).
Par. (5). Pub. L. 109–295, § 681(a)(4), (5), added par. (5).

PRIOR PROVISIONS
A prior section 401 of Pub. L. 93–288 was renumbered
section 405 by Pub. L. 100–707 and is classified to section
5171 of this title.

§ 5170a. General Federal assistance

§ 5170b. Essential assistance

PRIOR PROVISIONS

(a) In general
Federal agencies may on the direction of the
President, provide assistance essential to meeting immediate threats to life and property resulting from a major disaster, as follows:
(1) Federal resources, generally
Utilizing, lending, or donating to State and
local governments Federal equipment, supplies, facilities, personnel, and other resources, other than the extension of credit, for
use or distribution by such governments in accordance with the purposes of this chapter.
(2) Medicine, food, and other consumables
Distributing or rendering through State and
local governments, the American National
Red Cross, the Salvation Army, the Mennonite
Disaster Service, and other relief and disaster
assistance organizations medicine durable
food,
and
other
medical
equipment,,1
consumable supplies, and other services and
assistance to disaster victims.
(3) Work and services to save lives and protect
property
Performing on public or private lands or waters any work or services essential to saving
lives and protecting and preserving property
or public health and safety, including—
(A) debris removal;
(B) search and rescue, emergency medical
care, emergency mass care, emergency shelter, and provision of food, water, medicine
durable medical equipment,,1 and other essential needs, including movement of supplies or persons;
(C) clearance of roads and construction of
temporary bridges necessary to the performance of emergency tasks and essential community services;
(D) provision of temporary facilities for
schools and other essential community services;
(E) demolition of unsafe structures which
endanger the public;
(F) warning of further risks and hazards;
(G) dissemination of public information
and assistance regarding health and safety
measures;
(H) provision of technical advice to State
and local governments on disaster management and control;
(I) reduction of immediate threats to life,
property, and public health and safety; and
(J) provision of rescue, care, shelter, and
essential needs—

A prior section 402 of Pub. L. 93–288 was classified to
section 5172 of this title prior to repeal by Pub. L.
100–707.

1 So in original. The extra comma probably should follow
‘‘medicine’’.

In any major disaster, the President may—
(1) direct any Federal agency, with or without reimbursement, to utilize its authorities
and the resources granted to it under Federal
law (including personnel, equipment, supplies,
facilities, and managerial, technical, and advisory services) in support of State and local assistance response or recovery efforts, including precautionary evacuations;
(2) coordinate all disaster relief assistance
(including voluntary assistance) provided by
Federal agencies, private organizations, and
State and local governments, including precautionary evacuations and recovery;
(3) provide technical and advisory assistance
to affected State and local governments for—
(A) the performance of essential community services;
(B) issuance of warnings of risks and hazards;
(C) public health and safety information,
including dissemination of such information;
(D) provision of health and safety measures;
(E) management, control, and reduction of
immediate threats to public health and safety; and
(F) recovery activities, including disaster
impact assessments and planning;
(4) assist State and local governments in the
distribution of medicine, food, and other
consumable supplies, and emergency assistance; and
(5) provide accelerated Federal assistance
and Federal support where necessary to save
lives, prevent human suffering, or mitigate severe damage, which may be provided in the absence of a specific request and in which case
the President—
(A) shall, to the fullest extent practicable,
promptly notify and coordinate with officials in a State in which such assistance or
support is provided; and
(B) shall not, in notifying and coordinating with a State under subparagraph (A),
delay or impede the rapid deployment, use,
and distribution of critical resources to victims of a major disaster.
(Pub. L. 93–288, title IV, § 402, as added Pub. L.
100–707, title I, § 106(a)(3), Nov. 23, 1988, 102 Stat.
4696; amended Pub. L. 109–295, title VI, § 681(a),
Oct. 4, 2006, 120 Stat. 1444.)

§ 5170c

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(i) to individuals with household pets
and service animals; and
(ii) to such pets and animals.
(4) Contributions
Making contributions to State or local governments or owners or operators of private
nonprofit facilities for the purpose of carrying
out the provisions of this subsection.
(b) Federal share
The Federal share of assistance under this section shall be not less than 75 percent of the eligible cost of such assistance.
(c) Utilization of DOD resources
(1) General rule
During the immediate aftermath of an incident which may ultimately qualify for assistance under this subchapter or subchapter IV-A
of this chapter, the Governor of the State in
which such incident occurred may request the
President to direct the Secretary of Defense to
utilize the resources of the Department of Defense for the purpose of performing on public
and private lands any emergency work which
is made necessary by such incident and which
is essential for the preservation of life and
property. If the President determines that
such work is essential for the preservation of
life and property, the President shall grant
such request to the extent the President determines practicable. Such emergency work may
only be carried out for a period not to exceed
10 days.
(2) Rules applicable to debris removal
Any removal of debris and wreckage carried
out under this subsection shall be subject to
section 5173(b) of this title, relating to unconditional authorization and indemnification for
debris removal.
(3) Expenditures out of disaster relief funds
The cost of any assistance provided pursuant
to this subsection shall be reimbursed out of
funds made available to carry out this chapter.
(4) Federal share
The Federal share of assistance under this
subsection shall be not less than 75 percent.
(5) Guidelines
Not later than 180 days after November 23,
1988, the President shall issue guidelines for
carrying out this subsection. Such guidelines
shall consider any likely effect assistance
under this subsection will have on the availability of other forms of assistance under this
chapter.
(6) Definitions
For purposes of this section—
(A) Department of Defense
The term ‘‘Department of Defense’’ has the
meaning the term ‘‘department’’ has under
section 101 of title 10.
(B) Emergency work
The term ‘‘emergency work’’ includes
clearance and removal of debris and wreckage and temporary restoration of essential
public facilities and services.

Page 5450

(Pub. L. 93–288, title IV, § 403, as added Pub. L.
100–707, title I, § 106(a)(3), Nov. 23, 1988, 102 Stat.
4697; amended Pub. L. 109–295, title VI, § 689(b),
Oct. 4, 2006, 120 Stat. 1449; Pub. L. 109–308, § 4,
Oct. 6, 2006, 120 Stat. 1726.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a)(1) and (c)(1),
(3), (5), was in the original ‘‘this Act’’, meaning Pub. L.
93–288, May 22, 1974, 88 Stat. 143. For complete classification of this Act to the Code, see Short Title note
set out under section 5121 of this title and Tables.
PRIOR PROVISIONS
A prior section 403 of Pub. L. 93–288 was renumbered
section 407 by Pub. L. 100–707 and is classified to section
5173 of this title.
AMENDMENTS
2006—Subsec. (a)(2), (3)(B). Pub. L. 109–295, § 689(b)(1),
(2)(A), inserted ‘‘durable medical equipment,’’ after
‘‘medicine’’.
Subsec. (a)(3)(J). Pub. L. 109–295, § 689(b)(2)(B)–(D), and
Pub. L. 109–308 amended par. (3) identically, adding subpar. (J).

§ 5170c. Hazard mitigation
(a) In general
The President may contribute up to 75 percent
of the cost of hazard mitigation measures which
the President has determined are cost-effective
and which substantially reduce the risk of future damage, hardship, loss, or suffering in any
area affected by a major disaster. Such measures shall be identified following the evaluation
of natural hazards under section 5165 of this title
and shall be subject to approval by the President. Subject to section 5165 of this title, the
total of contributions under this section for a
major disaster shall not exceed 15 percent for
amounts not more than $2,000,000,000, 10 percent
for amounts of more than $2,000,000,000 and not
more than $10,000,000,000, and 7.5 percent on
amounts of more than $10,000,000,000 and not
more than $35,333,000,000 of the estimated aggregate amount of grants to be made (less any associated administrative costs) under this chapter
with respect to the major disaster.
(b) Property acquisition and relocation assistance
(1) General authority
In providing hazard mitigation assistance
under this section in connection with flooding,
the Administrator of the Federal Emergency
Management Agency may provide property acquisition and relocation assistance for
projects that meet the requirements of paragraph (2).
(2) Terms and conditions
An acquisition or relocation project shall be
eligible to receive assistance pursuant to paragraph (1) only if—
(A) the applicant for the assistance is
otherwise eligible to receive assistance
under the hazard mitigation grant program
established under subsection (a) of this section; and
(B) on or after December 3, 1993, the applicant for the assistance enters into an agreement with the Administrator that provides
assurances that—

Page 5451

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(i) any property acquired, accepted, or
from which a structure will be removed
pursuant to the project will be dedicated
and maintained in perpetuity for a use
that is compatible with open space, recreational, or wetlands management practices;
(ii) no new structure will be erected on
property acquired, accepted or from which
a structure was removed under the acquisition or relocation program other than—
(I) a public facility that is open on all
sides and functionally related to a designated open space;
(II) a rest room; or
(III) a structure that the Administrator approves in writing before the
commencement of the construction of
the structure; and
(iii) after receipt of the assistance, with
respect to any property acquired, accepted
or from which a structure was removed
under the acquisition or relocation program—
(I) no subsequent application for additional disaster assistance for any purpose will be made by the recipient to any
Federal entity; and
(II) no assistance referred to in subclause (I) will be provided to the applicant by any Federal source.
(3) Statutory construction
Nothing in this subsection is intended to
alter or otherwise affect an agreement for an
acquisition or relocation project carried out
pursuant to this section that was in effect on
the day before December 3, 1993.
(c) Program administration by States
(1) In general
A State desiring to administer the hazard
mitigation grant program established by this
section with respect to hazard mitigation assistance in the State may submit to the President an application for the delegation of the
authority to administer the program.
(2) Criteria
The President, in consultation and coordination with States and local governments, shall
establish criteria for the approval of applications submitted under paragraph (1). The criteria shall include, at a minimum—
(A) the demonstrated ability of the State
to manage the grant program under this section;
(B) there being in effect an approved mitigation plan under section 5165 of this title;
and
(C) a demonstrated commitment to mitigation activities.
(3) Approval
The President shall approve an application
submitted under paragraph (1) that meets the
criteria established under paragraph (2).
(4) Withdrawal of approval
If, after approving an application of a State
submitted under paragraph (1), the President
determines that the State is not administer-

§ 5170c

ing the hazard mitigation grant program established by this section in a manner satisfactory to the President, the President shall
withdraw the approval.
(5) Audits
The President shall provide for periodic audits of the hazard mitigation grant programs
administered by States under this subsection.
(Pub. L. 93–288, title IV, § 404, as added Pub. L.
100–707, title I, § 106(a)(3), Nov. 23, 1988, 102 Stat.
4698; amended Pub. L. 103–181, §§ 2(a), 3, Dec. 3,
1993, 107 Stat. 2054; Pub. L. 106–390, title I,
§ 104(c)(1), title II, § 204, Oct. 30, 2000, 114 Stat.
1559, 1561; Pub. L. 108–7, div. K, title IV, § 417,
Feb. 20, 2003, 117 Stat. 525; Pub. L. 109–295, title
VI, § 684, Oct. 4, 2006, 120 Stat. 1447; Pub. L.
111–351, § 3(c)(2), Jan. 4, 2011, 124 Stat. 3864.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original ‘‘this Act’’, meaning Pub. L. 93–288, May 22,
1974, 88 Stat. 143. For complete classification of this
Act to the Code, see Short Title note set out under section 5121 of this title and Tables.
PRIOR PROVISIONS
A prior section 404 of Pub. L. 93–288 was classified to
section 5174 of this title prior to repeal by Pub. L.
100–707.
AMENDMENTS
2011—Subsec. (b)(1), (2). Pub. L. 111–351 substituted
‘‘Administrator’’ for ‘‘Director’’ wherever appearing.
2006—Subsec. (a). Pub. L. 109–295, in last sentence,
substituted ‘‘15 percent for amounts not more than
$2,000,000,000, 10 percent for amounts of more than
$2,000,000,000 and not more than $10,000,000,000, and 7.5
percent on amounts of more than $10,000,000,000 and not
more than $35,333,000,000’’ for ‘‘7.5 percent’’.
2003—Subsec. (a). Pub. L. 108–7 substituted ‘‘7.5 percent’’ for ‘‘15 percent’’.
2000—Subsec. (a). Pub. L. 106–390, § 104(c)(1), substituted ‘‘section 5165’’ for ‘‘section 5176’’ in second sentence and ‘‘Subject to section 5165 of this title, the
total’’ for ‘‘The total’’ in third sentence.
Subsec. (c). Pub. L. 106–390, § 204, added subsec. (c).
1993—Pub. L. 103–181 designated existing provisions as
subsec. (a), inserted heading, substituted ‘‘75 percent’’
for ‘‘50 percent’’ in first sentence, substituted ‘‘15 percent of the estimated aggregate amount of grants to be
made (less any associated administrative costs) under
this chapter with respect to the major disaster’’ for ‘‘10
percent of the estimated aggregate amounts of grants
to be made under section 5172 of this title with respect
to such major disaster’’ in last sentence, and added subsec. (b).
EFFECTIVE DATE OF 1993 AMENDMENT
Section 2(b) of Pub. L. 103–181 provided that: ‘‘The
amendments made by this section [amending this section] shall apply to any major disaster declared by the
President pursuant to The [the] Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.) on or after June 10, 1993.’’
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agen-

§ 5171

TITLE 42—THE PUBLIC HEALTH AND WELFARE

cy, including the functions of the Director of the Federal Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
sections 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.

§ 5171. Federal facilities
(a) Repair, reconstruction, restoration, or replacement of United States facilities
The President may authorize any Federal
agency to repair, reconstruct, restore, or replace
any facility owned by the United States and
under the jurisdiction of such agency which is
damaged or destroyed by any major disaster if
he determines that such repair, reconstruction,
restoration, or replacement is of such importance and urgency that it cannot reasonably be
deferred pending the enactment of specific authorizing legislation or the making of an appropriation for such purposes, or the obtaining of
congressional committee approval.
(b) Availability of funds appropriated to agency
for repair, reconstruction, restoration, or replacement of agency facilities
In order to carry out the provisions of this section, such repair, reconstruction, restoration, or
replacement may be begun notwithstanding a
lack or an insufficiency of funds appropriated
for such purpose, where such lack or insufficiency can be remedied by the transfer, in accordance with law, of funds appropriated to that
agency for another purpose.
(c) Steps for mitigation of hazards
In implementing this section, Federal agencies
shall evaluate the natural hazards to which
these facilities are exposed and shall take appropriate action to mitigate such hazards, including safe land-use and construction practices, in
accordance with standards prescribed by the
President.
(Pub. L. 93–288, title IV, § 405, formerly § 401, May
22, 1974, 88 Stat. 153; renumbered § 405, Pub. L.
100–707, title I, § 106(a)(2), Nov. 23, 1988, 102 Stat.
4696.)
PRIOR PROVISIONS
A prior section 405 of Pub. L. 93–288 was classified to
section 5175 of this title prior to repeal by Pub. L.
100–707.

§ 5172. Repair, restoration, and replacement of
damaged facilities
(a) Contributions
(1) In general
The President may make contributions—
(A) to a State or local government for the
repair, restoration, reconstruction, or replacement of a public facility damaged or
destroyed by a major disaster and for associated expenses incurred by the government;
and
(B) subject to paragraph (3), to a person
that owns or operates a private nonprofit facility damaged or destroyed by a major disaster for the repair, restoration, reconstruction, or replacement of the facility and for
associated expenses incurred by the person.

Page 5452

(2) Associated expenses
For the purposes of this section, associated
expenses shall include—
(A) the costs of mobilizing and employing
the National Guard for performance of eligible work;
(B) the costs of using prison labor to perform eligible work, including wages actually
paid, transportation to a worksite, and extraordinary costs of guards, food, and lodging; and
(C) base and overtime wages for the employees and extra hires of a State, local government, or person described in paragraph
(1) that perform eligible work, plus fringe
benefits on such wages to the extent that
such benefits were being paid before the
major disaster.
(3) Conditions for assistance to private nonprofit facilities
(A) In general
The President may make contributions to
a private nonprofit facility under paragraph
(1)(B) only if—
(i) the facility provides critical services
(as defined by the President) in the event
of a major disaster; or
(ii) the owner or operator of the facility—
(I) has applied for a disaster loan under
section 636(b) of title 15; and
(II)(aa) has been determined to be ineligible for such a loan; or
(bb) has obtained such a loan in the
maximum amount for which the Small
Business Administration determines the
facility is eligible.
(B) Definition of critical services
In this paragraph, the term ‘‘critical services’’ includes power, water (including water
provided by an irrigation organization or facility), sewer, wastewater treatment, communications, education, and emergency
medical care.
(4) Notification to Congress
Before making any contribution under this
section in an amount greater than $20,000,000,
the President shall notify—
(A) the Committee on Environment and
Public Works of the Senate;
(B) the Committee on Transportation and
Infrastructure of the House of Representatives;
(C) the Committee on Appropriations of
the Senate; and
(D) the Committee on Appropriations of
the House of Representatives.
(b) Federal share
(1) Minimum Federal share
Except as provided in paragraph (2), the Federal share of assistance under this section
shall be not less than 75 percent of the eligible
cost of repair, restoration, reconstruction, or
replacement carried out under this section.
(2) Reduced Federal share
The President shall promulgate regulations
to reduce the Federal share of assistance

Page 5453

TITLE 42—THE PUBLIC HEALTH AND WELFARE

under this section to not less than 25 percent
in the case of the repair, restoration, reconstruction, or replacement of any eligible public facility or private nonprofit facility following an event associated with a major disaster—
(A) that has been damaged, on more than
one occasion within the preceding 10-year
period, by the same type of event; and
(B) the owner of which has failed to implement appropriate mitigation measures to
address the hazard that caused the damage
to the facility.
(c) Large in-lieu contributions
(1) For public facilities
(A) In general
In any case in which a State or local government determines that the public welfare
would not best be served by repairing, restoring, reconstructing, or replacing any
public facility owned or controlled by the
State or local government, the State or
local government may elect to receive, in
lieu of a contribution under subsection
(a)(1)(A) of this section, a contribution in an
amount equal to 90 percent of the Federal
share of the Federal estimate of the cost of
repairing, restoring, reconstructing, or replacing the facility and of management expenses.
(B) Use of funds
Funds contributed to a State or local government under this paragraph may be used—
(i) to repair, restore, or expand other selected public facilities;
(ii) to construct new facilities; or
(iii) to fund hazard mitigation measures
that the State or local government determines to be necessary to meet a need for
governmental services and functions in the
area affected by the major disaster.
(C) Limitations
Funds made available to a State or local
government under this paragraph may not
be used for—
(i) any public facility located in a regulatory floodway (as defined in section 59.1
of title 44, Code of Federal Regulations (or
a successor regulation)); or
(ii) any uninsured public facility located
in a special flood hazard area identified by
the Administrator of the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.).
(2) For private nonprofit facilities
(A) In general
In any case in which a person that owns or
operates a private nonprofit facility determines that the public welfare would not best
be served by repairing, restoring, reconstructing, or replacing the facility, the person may elect to receive, in lieu of a contribution under subsection (a)(1)(B) of this
section, a contribution in an amount equal
to 75 percent of the Federal share of the Federal estimate of the cost of repairing, restor-

§ 5172

ing, reconstructing, or replacing the facility
and of management expenses.
(B) Use of funds
Funds contributed to a person under this
paragraph may be used—
(i) to repair, restore, or expand other selected private nonprofit facilities owned or
operated by the person;
(ii) to construct new private nonprofit
facilities to be owned or operated by the
person; or
(iii) to fund hazard mitigation measures
that the person determines to be necessary
to meet a need for the person’s services
and functions in the area affected by the
major disaster.
(C) Limitations
Funds made available to a person under
this paragraph may not be used for—
(i) any private nonprofit facility located
in a regulatory floodway (as defined in section 59.1 of title 44, Code of Federal Regulations (or a successor regulation)); or
(ii) any uninsured private nonprofit facility located in a special flood hazard area
identified by the Administrator of the Federal Emergency Management Agency
under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.).
(d) Flood insurance
(1) Reduction of Federal assistance
If a public facility or private nonprofit facility located in a special flood hazard area identified for more than 1 year by the Administrator pursuant to the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) is damaged or destroyed, after the 180th day following November 23, 1988, by flooding in a major
disaster and such facility is not covered on the
date of such flooding by flood insurance, the
Federal assistance which would otherwise be
available under this section with respect to repair, restoration, reconstruction, and replacement of such facility and associated expenses
shall be reduced in accordance with paragraph
(2).
(2) Amount of reduction
The amount of a reduction in Federal assistance under this section with respect to a facility shall be the lesser of—
(A) the value of such facility on the date of
the flood damage or destruction, or
(B) the maximum amount of insurance
proceeds which would have been payable
with respect to such facility if such facility
had been covered by flood insurance under
the National Flood Insurance Act of 1968 on
such date.
(3) Exception
Paragraphs (1) and (2) shall not apply to a
private nonprofit facility which is not covered
by flood insurance solely because of the local
government’s failure to participate in the
flood insurance program established by the
National Flood Insurance Act.
(4) Dissemination of information
The President shall disseminate information
regarding the reduction in Federal assistance

§ 5172

TITLE 42—THE PUBLIC HEALTH AND WELFARE

provided for by this subsection to State and
local governments and the owners and operators of private nonprofit facilities who may be
affected by such a reduction.
(e) Eligible cost
(1) Determination
(A) In general
For the purposes of this section, the President shall estimate the eligible cost of repairing, restoring, reconstructing, or replacing a public facility or private nonprofit facility—
(i) on the basis of the design of the facility as the facility existed immediately before the major disaster; and
(ii) in conformity with codes, specifications, and standards (including floodplain
management and hazard mitigation criteria required by the President or under
the Coastal Barrier Resources Act (16
U.S.C. 3501 et seq.)) applicable at the time
at which the disaster occurred.
(B) Cost estimation procedures
(i) In general
Subject to paragraph (2), the President
shall use the cost estimation procedures
established under paragraph (3) to determine the eligible cost under this subsection.
(ii) Applicability
The procedures specified in this paragraph and paragraph (2) shall apply only to
projects the eligible cost of which is equal
to or greater than the amount specified in
section 5189 of this title.
(2) Modification of eligible cost
(A) Actual cost greater than ceiling percentage of estimated cost
In any case in which the actual cost of repairing, restoring, reconstructing, or replacing a facility under this section is greater
than the ceiling percentage established
under paragraph (3) of the cost estimated
under paragraph (1), the President may determine that the eligible cost includes a portion of the actual cost of the repair, restoration, reconstruction, or replacement that exceeds the cost estimated under paragraph
(1).
(B) Actual cost less than estimated cost
(i) Greater than or equal to floor percentage of estimated cost
In any case in which the actual cost of
repairing, restoring, reconstructing, or replacing a facility under this section is less
than 100 percent of the cost estimated
under paragraph (1), but is greater than or
equal to the floor percentage established
under paragraph (3) of the cost estimated
under paragraph (1), the State or local government or person receiving funds under
this section shall use the excess funds to
carry out cost-effective activities that reduce the risk of future damage, hardship,
or suffering from a major disaster.

Page 5454

(ii) Less than floor percentage of estimated
cost
In any case in which the actual cost of
repairing, restoring, reconstructing, or replacing a facility under this section is less
than the floor percentage established
under paragraph (3) of the cost estimated
under paragraph (1), the State or local government or person receiving assistance
under this section shall reimburse the
President in the amount of the difference.
(C) No effect on appeals process
Nothing in this paragraph affects any
right of appeal under section 5189a of this
title.
(3) Expert panel
(A) Establishment
Not later than 18 months after October 30,
2000, the President, acting through the Administrator of the Federal Emergency Management Agency, shall establish an expert
panel, which shall include representatives
from the construction industry and State
and local government.
(B) Duties
The expert panel shall develop recommendations concerning—
(i) procedures for estimating the cost of
repairing, restoring, reconstructing, or replacing a facility consistent with industry
practices; and
(ii) the ceiling and floor percentages referred to in paragraph (2).
(C) Regulations
Taking into account the recommendations
of the expert panel under subparagraph (B),
the President shall promulgate regulations
that establish—
(i) cost estimation procedures described
in subparagraph (B)(i); and
(ii) the ceiling and floor percentages referred to in paragraph (2).
(D) Review by President
Not later than 2 years after the date of
promulgation of regulations under subparagraph (C) and periodically thereafter, the
President shall review the cost estimation
procedures and the ceiling and floor percentages established under this paragraph.
(E) Report to Congress
Not later than 1 year after the date of promulgation of regulations under subparagraph (C), 3 years after that date, and at the
end of each 2-year period thereafter, the expert panel shall submit to Congress a report
on the appropriateness of the cost estimation procedures.
(4) Special rule
In any case in which the facility being repaired, restored, reconstructed, or replaced
under this section was under construction on
the date of the major disaster, the cost of repairing, restoring, reconstructing, or replacing
the facility shall include, for the purposes of
this section, only those costs that, under the
contract for the construction, are the owner’s

Page 5455

TITLE 42—THE PUBLIC HEALTH AND WELFARE

responsibility and not the contractor’s responsibility.
(Pub. L. 93–288, title IV, § 406, as added Pub. L.
100–707, title I, § 106(b), Nov. 23, 1988, 102 Stat.
4699; amended Pub. L. 106–390, title II,
§ 205(a)–(d)(1), (e), Oct. 30, 2000, 114 Stat.
1562–1564, 1566; Pub. L. 109–295, title VI, § 689h,
Oct. 4, 2006, 120 Stat. 1453; Pub. L. 109–347, title
VI, § 609, Oct. 13, 2006, 120 Stat. 1942; Pub. L.
111–351, § 3(c)(2), Jan. 4, 2011, 124 Stat. 3864.)
REFERENCES IN TEXT
The National Flood Insurance Act of 1968, referred to
in subsecs. (c)(1)(C)(ii), (2)(C)(ii) and (d)(1), (2)(B), is
title XIII of Pub. L. 90–448, Aug. 1, 1968, 82 Stat. 572, as
amended, which is classified principally to chapter 50
(§ 4001 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out
under section 4001 of this title and Tables.
The National Flood Insurance Act, referred to in subsec. (d)(3), probably means the National Flood Insurance Act of 1968. See above.
The Coastal Barrier Resources Act, referred to in subsec. (e)(1)(A)(ii), is Pub. L. 97–348, Oct. 18, 1982, 96 Stat.
1653, as amended, which is classified principally to
chapter 55 (§ 3501 et seq.) of Title 16, Conservation. For
complete classification of this Act to the Code, see
Short Title note set out under section 3501 of Title 16
and Tables.
PRIOR PROVISIONS
A prior section 5172, Pub. L. 93–288, title IV, § 402, May
22, 1974, 88 Stat. 153, related to repair and restoration of
damaged facilities, prior to repeal by Pub. L. 100–707,
§ 106(b).
A prior section 406 of Pub. L. 93–288 was renumbered
section 409 by Pub. L. 100–707 and is classified to section
5176 of this title.
AMENDMENTS
2011—Subsecs. (c)(1)(C)(ii), (2)(C)(ii), (d)(1), (e)(3)(A).
Pub. L. 111–351 substituted ‘‘Administrator’’ for ‘‘Director’’.
2006—Subsec. (a)(3)(B). Pub. L. 109–295 inserted ‘‘education,’’ after ‘‘communications,’’.
Subsec. (c)(1)(A). Pub. L. 109–347, § 609(1), substituted
‘‘90’’ for ‘‘75’’.
Subsec. (c)(1)(B) to (D). Pub. L. 109–347, § 609(2), (3), redesignated subpars. (C) and (D) as (B) and (C), respectively, and struck out former subpar. (B). Prior to
amendment, text of subpar. (B) read as follows: ‘‘In any
case in which a State or local government determines
that the public welfare would not best be served by repairing, restoring, reconstructing, or replacing any
public facility owned or controlled by the State or
local government because soil instability in the disaster area makes repair, restoration, reconstruction, or
replacement infeasible, the State or local government
may elect to receive, in lieu of a contribution under
subsection (a)(1)(A) of this section, a contribution in an
amount equal to 90 percent of the Federal share of the
Federal estimate of the cost of repairing, restoring, reconstructing, or replacing the facility and of management expenses.’’
2000—Subsec. (a). Pub. L. 106–390, § 205(a), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: ‘‘The President may make
contributions—
‘‘(1) to a State or local government for the repair,
restoration, reconstruction, or replacement of a public facility which is damaged or destroyed by a major
disaster and for associated expenses incurred by such
government; and
‘‘(2) to a person who owns or operates a private nonprofit facility damaged or destroyed by a major disaster for the repair, restoration, reconstruction, or replacement of such facility and for associated expenses incurred by such person.’’

§ 5172

Subsec. (b). Pub. L. 106–390, § 205(b), added subsec. (b)
and struck out heading and text of former subsec. (b).
Text read as follows: ‘‘The Federal share of assistance
under this section shall be not less than—
‘‘(1) 75 percent of the net eligible cost of repair, restoration, reconstruction, or replacement carried out
under this section;
‘‘(2) 100 percent of associated expenses described in
subsections (f)(1) and (f)(2) of this section; and
‘‘(3) 75 percent of associated expenses described in
subsections (f)(3), (f)(4), and (f)(5) of this section.’’
Subsec. (c). Pub. L. 106–390, § 205(c), added subsec. (c)
and struck out heading and text of former subsec. (c)
which provided that, upon a determination that the
public welfare would not be best served by repairing,
restoring, reconstructing, or replacing either a public
facility or a private nonprofit facility, an election
could be made to receive, in lieu of a contribution
under subsec. (a), a contribution of not to exceed 90 percent of the Federal share of the Federal estimate of the
cost of repairing, restoring, reconstructing, or replacing the facility and of associated expenses, with the restriction that such funds not be used for any State or
local government cost-sharing contribution required
under this chapter.
Subsec. (e). Pub. L. 106–390, § 205(d)(1), added subsec.
(e) and struck out heading and text of former subsec.
(e). Text read as follows:
‘‘(1) GENERAL RULE.—For purposes of this section, the
cost of repairing, restoring, reconstructing, or replacing a public facility or private nonprofit facility on the
basis of the design of such facility as it existed immediately prior to the major disaster and in conformity
with current applicable codes, specifications, and
standards (including floodplain management and hazard mitigation criteria required by the President or by
the Coastal Barrier Resources Act (16 U.S.C. 3501 et
seq.)) shall, at a minimum, be treated as the net eligible cost of such repair, restoration, reconstruction, or
replacement.
‘‘(2) SPECIAL RULE.—In any case in which the facility
being repaired, restored, reconstructed, or replaced
under this section was under construction on the date
of the major disaster, the cost of repairing, restoring,
reconstructing, or replacing such facility shall include,
for purposes of this section, only those costs which,
under the contract for such construction, are the owner’s responsibility and not the contractor’s responsibility.’’
Subsec. (f). Pub. L. 106–390, § 205(e), struck out subsec.
(f) which set out various associated expenses, including
necessary and extraordinary costs, and costs of using
the National Guard and prison labor.
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106–390, title II, § 205(d)(2), Oct. 30, 2000, 114
Stat. 1566, provided that: ‘‘The amendment made by
paragraph (1) [amending this section] takes effect on
the date of the enactment of this Act [Oct. 30, 2000] and
applies to funds appropriated after the date of the enactment of this Act, except that paragraph (1) of section 406(e) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act [subsec. (e)(1) of this section] (as amended by paragraph (1)) takes effect on the
date on which the cost estimation procedures established under paragraph (3) of that section take effect.’’
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto,

§ 5173

TITLE 42—THE PUBLIC HEALTH AND WELFARE

to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
sections 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.

§ 5173. Debris removal
(a) Presidential authority
The President, whenever he determines it to
be in the public interest, is authorized—
(1) through the use of Federal departments,
agencies, and instrumentalities, to clear debris and wreckage resulting from a major disaster from publicly and privately owned lands
and waters; and
(2) to make grants to any State or local government or owner or operator of a private nonprofit facility for the purpose of removing debris or wreckage resulting from a major disaster from publicly or privately owned lands and
waters.
(b) Authorization by State or local government;
indemnification agreement
No authority under this section shall be exercised unless the affected State or local government shall first arrange an unconditional authorization for removal of such debris or wreckage from public and private property, and, in the
case of removal of debris or wreckage from private property, shall first agree to indemnify the
Federal Government against any claim arising
from such removal.
(c) Rules relating to large lots
The President shall issue rules which provide
for recognition of differences existing among
urban, suburban, and rural lands in implementation of this section so as to facilitate adequate
removal of debris and wreckage from large lots.
(d) Federal share
The Federal share of assistance under this section shall be not less than 75 percent of the eligible cost of debris and wreckage removal carried out under this section.
(e) Expedited payments
(1) Grant assistance
In making a grant under subsection (a)(2),
the President shall provide not less than 50
percent of the President’s initial estimate of
the Federal share of assistance as an initial
payment in accordance with paragraph (2).
(2) Date of payment
Not later than 60 days after the date of the
estimate described in paragraph (1) and not
later than 90 days after the date on which the
State or local government or owner or operator of a private nonprofit facility applies for
assistance under this section, an initial payment described in paragraph (1) shall be paid.
(Pub. L. 93–288, title IV, § 407, formerly § 403, May
22, 1974, 88 Stat. 154; renumbered § 407 and
amended Pub. L. 100–707, title I, § 106(c), Nov. 23,
1988, 102 Stat. 4701; Pub. L. 109–347, title VI, § 610,
Oct. 13, 2006, 120 Stat. 1942.)
PRIOR PROVISIONS
A prior section 407 of Pub. L. 93–288 was renumbered
section 410 by Pub. L. 100–707 and is classified to section
5177 of this title.

Page 5456

AMENDMENTS
2006—Subsec. (e). Pub. L. 109–347 added subsec. (e).
1988—Subsec. (a)(2). Pub. L. 100–707, § 106(c)(2), inserted ‘‘or owner or operator of a private nonprofit facility’’ after ‘‘local government’’.
Subsecs. (c), (d). Pub. L. 100–707, § 106(c)(3), added subsecs. (c) and (d).

§ 5174. Federal assistance to individuals and
households
(a) In general
(1) Provision of assistance
In accordance with this section, the President, in consultation with the Governor of a
State, may provide financial assistance, and,
if necessary, direct services, to individuals and
households in the State who, as a direct result
of a major disaster, have necessary expenses
and serious needs in cases in which the individuals and households are unable to meet
such expenses or needs through other means.
(2) Relationship to other assistance
Under paragraph (1), an individual or household shall not be denied assistance under paragraph (1), (3), or (4) of subsection (c) of this
section solely on the basis that the individual
or household has not applied for or received
any loan or other financial assistance from
the Small Business Administration or any
other Federal agency.
(b) Housing assistance
(1) Eligibility
The President may provide financial or
other assistance under this section to individuals and households to respond to the disasterrelated housing needs of individuals and
households who are displaced from their
predisaster primary residences or whose
predisaster primary residences are rendered
uninhabitable, or with respect to individuals
with disabilities, rendered inaccessible or uninhabitable, as a result of damage caused by a
major disaster.
(2) Determination of appropriate types of assistance
(A) In general
The President shall determine appropriate
types of housing assistance to be provided
under this section to individuals and households described in subsection (a)(1) of this
section based on considerations of cost effectiveness, convenience to the individuals and
households, and such other factors as the
President may consider appropriate.
(B) Multiple types of assistance
One or more types of housing assistance
may be made available under this section,
based on the suitability and availability of
the types of assistance, to meet the needs of
individuals and households in the particular
disaster situation.
(c) Types of housing assistance
(1) Temporary housing
(A) Financial assistance
(i) In general
The President may provide financial assistance to individuals or households to

Page 5457

TITLE 42—THE PUBLIC HEALTH AND WELFARE

rent alternate housing accommodations,
existing rental units, manufactured housing, recreational vehicles, or other readily
fabricated dwellings. Such assistance may
include the payment of the cost of utilities, excluding telephone service.
(ii) Amount
The amount of assistance under clause
(i) shall be based on the fair market rent
for the accommodation provided plus the
cost of any transportation, utility hookups, security deposits, or unit installation
not provided directly by the President.
(B) Direct assistance
(i) In general
The President may provide temporary
housing units, acquired by purchase or
lease, directly to individuals or households
who, because of a lack of available housing
resources, would be unable to make use of
the assistance provided under subparagraph (A).
(ii) Period of assistance
The President may not provide direct assistance under clause (i) with respect to a
major disaster after the end of the 18month period beginning on the date of the
declaration of the major disaster by the
President, except that the President may
extend that period if the President determines that due to extraordinary circumstances an extension would be in the public interest.
(iii) Collection of rental charges
After the end of the 18-month period referred to in clause (ii), the President may
charge fair market rent for each temporary housing unit provided.
(2) Repairs
(A) In general
The President may provide financial assistance for—
(i) the repair of owner-occupied private
residences, utilities, and residential infrastructure (such as a private access route)
damaged by a major disaster to a safe and
sanitary living or functioning condition;
and
(ii) eligible hazard mitigation measures
that reduce the likelihood of future damage to such residences, utilities, or infrastructure.
(B) Relationship to other assistance
A recipient of assistance provided under
this paragraph shall not be required to show
that the assistance can be met through
other means, except insurance proceeds.
(3) Replacement
(A) In general
The President may provide financial assistance for the replacement of owner-occupied private residences damaged by a major
disaster.
(B) Applicability of flood insurance requirement
With respect to assistance provided under
this paragraph, the President may not waive

§ 5174

any provision of Federal law requiring the
purchase of flood insurance as a condition of
the receipt of Federal disaster assistance.
(4) Permanent housing construction
The President may provide financial assistance or direct assistance to individuals or
households to construct permanent or semipermanent housing in insular areas outside
the continental United States and in other locations in cases in which—
(A) no alternative housing resources are
available; and
(B) the types of temporary housing assistance described in paragraph (1) are unavailable, infeasible, or not cost-effective.
(d) Terms and conditions relating to housing assistance
(1) Sites
(A) In general
Any readily fabricated dwelling provided
under this section shall, whenever practicable, be located on a site that—
(i) is complete with utilities;
(ii) meets the physical accessibility requirements for individuals with disabilities; and
(iii) is provided by the State or local
government, by the owner of the site, or
by the occupant who was displaced by the
major disaster.
(B) Sites provided by the President
A readily fabricated dwelling may be located on a site provided by the President if
the President determines that such a site
would be more economical or accessible.
(2) Disposal of units
(A) Sale to occupants
(i) In general
Notwithstanding any other provision of
law, a temporary housing unit purchased
under this section by the President for the
purpose of housing disaster victims may be
sold directly to the individual or household who is occupying the unit if the individual or household lacks permanent housing.
(ii) Sale price
A sale of a temporary housing unit under
clause (i) shall be at a price that is fair
and equitable.
(iii) Deposit of proceeds
Notwithstanding any other provision of
law, the proceeds of a sale under clause (i)
shall be deposited in the appropriate Disaster Relief Fund account.
(iv) Hazard and flood insurance
A sale of a temporary housing unit under
clause (i) shall be made on the condition
that the individual or household purchasing the housing unit agrees to obtain and
maintain hazard and flood insurance on
the housing unit.
(v) Use of GSA services
The President may use the services of
the General Services Administration to accomplish a sale under clause (i).

§ 5174

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(B) Other methods of disposal
If not disposed of under subparagraph (A),
a temporary housing unit purchased under
this section by the President for the purpose
of housing disaster victims—
(i) may be sold to any person; or
(ii) may be sold, transferred, donated, or
otherwise made available directly to a
State or other governmental entity or to a
voluntary organization for the sole purpose of providing temporary housing to
disaster victims in major disasters and
emergencies if, as a condition of the sale,
transfer, or donation, the State, other governmental agency, or voluntary organization agrees—
(I) to comply with the nondiscrimination provisions of section 5151 of this
title; and
(II) to obtain and maintain hazard and
flood insurance on the housing unit.
(e) Financial assistance to address other needs
(1) Medical, dental, and funeral expenses
The President, in consultation with the Governor of a State, may provide financial assistance under this section to an individual or
household in the State who is adversely affected by a major disaster to meet disaster-related medical, dental, and funeral expenses.
(2) Personal property, transportation, and
other expenses
The President, in consultation with the Governor of a State, may provide financial assistance under this section to an individual or
household described in paragraph (1) to address personal property, transportation, and
other necessary expenses or serious needs resulting from the major disaster.
(f) State role
(1) Financial assistance to address other needs
(A) Grant to State
Subject to subsection (g) of this section, a
Governor may request a grant from the
President to provide financial assistance to
individuals and households in the State
under subsection (e) of this section.
(B) Administrative costs
A State that receives a grant under subparagraph (A) may expend not more than 5
percent of the amount of the grant for the
administrative costs of providing financial
assistance to individuals and households in
the State under subsection (e) of this section.
(2) Access to records
In providing assistance to individuals and
households under this section, the President
shall provide for the substantial and ongoing
involvement of the States in which the individuals and households are located, including
by providing to the States access to the electronic records of individuals and households
receiving assistance under this section in
order for the States to make available any additional State and local assistance to the individuals and households.

Page 5458

(g) Cost sharing
(1) Federal share
Except as provided in paragraph (2), the Federal share of the costs eligible to be paid using
assistance provided under this section shall be
100 percent.
(2) Financial assistance to address other needs
In the case of financial assistance provided
under subsection (e) of this section—
(A) the Federal share shall be 75 percent;
and
(B) the non-Federal share shall be paid
from funds made available by the State.
(h) Maximum amount of assistance
(1) In general
No individual or household shall receive financial assistance greater than $25,000 under
this section with respect to a single major disaster.
(2) Adjustment of limit
The limit established under paragraph (1)
shall be adjusted annually to reflect changes
in the Consumer Price Index for All Urban
Consumers published by the Department of
Labor.
(i) Verification measures
In carrying out this section, the President
shall develop a system, including an electronic
database, that shall allow the President, or the
designee of the President, to—
(1) verify the identity and address of recipients of assistance under this section to provide
reasonable assurance that payments are made
only to an individual or household that is eligible for such assistance;
(2) minimize the risk of making duplicative
payments or payments for fraudulent claims
under this section;
(3) collect any duplicate payment on a claim
under this section, or reduce the amount of
subsequent payments to offset the amount of
any such duplicate payment;
(4) provide instructions to recipients of assistance under this section regarding the proper use of any such assistance, regardless of
how such assistance is distributed; and
(5) conduct an expedited and simplified review and appeal process for an individual or
household whose application for assistance
under this section is denied.
(j) Rules and regulations
The President shall prescribe rules and regulations to carry out this section, including criteria, standards, and procedures for determining
eligibility for assistance.
(Pub. L. 93–288, title IV, § 408, as added Pub. L.
100–707, title I, § 106(d), Nov. 23, 1988, 102 Stat.
4702; amended Pub. L. 106–390, title II, § 206(a),
Oct. 30, 2000, 114 Stat. 1566; Pub. L. 109–295, title
VI, §§ 685, 686, 689(c), 689d, 696(c), Oct. 4, 2006, 120
Stat. 1447–1449, 1452, 1461.)
PRIOR PROVISIONS
A prior section 5174, Pub. L. 93–288, title IV, § 404, May
22, 1974, 88 Stat. 154, related to temporary housing assistance, prior to repeal by Pub. L. 100–707, § 106(d).
A prior section 408 of Pub. L. 93–288 was classified to
section 5178 of this title and to a note set out under section 5178 of this title prior to repeal by Pub. L. 100–707.

Page 5459

TITLE 42—THE PUBLIC HEALTH AND WELFARE
AMENDMENTS

2006—Subsec. (b)(1). Pub. L. 109–295, § 689(c)(1), inserted ‘‘, or with respect to individuals with disabilities, rendered inaccessible or uninhabitable,’’ after
‘‘uninhabitable’’.
Subsec. (c)(1)(A)(i). Pub. L. 109–295, § 689d(1), inserted
at end ‘‘Such assistance may include the payment of
the cost of utilities, excluding telephone service.’’
Subsec. (c)(1)(A)(ii). Pub. L. 109–295, § 689d(2), inserted
‘‘security deposits,’’ after ‘‘hookups,’’.
Subsec. (c)(2)(C). Pub. L. 109–295, § 686(1), struck out
subpar. (C) which read as follows: ‘‘The amount of assistance provided to a household under this paragraph
shall not exceed $5,000, as adjusted annually to reflect
changes in the Consumer Price Index for All Urban
Consumers published by the Department of Labor.’’
Subsec. (c)(3)(B), (C). Pub. L. 109–295, § 686(2), redesignated subpar. (C) as (B) and struck out former subpar.
(B) which read as follows: ‘‘The amount of assistance
provided to a household under this paragraph shall not
exceed $10,000, as adjusted annually to reflect changes
in the Consumer Price Index for All Urban Consumers
published by the Department of Labor.’’
Subsec. (c)(4). Pub. L. 109–295, § 685, in introductory
provisions, inserted ‘‘or semi-permanent’’ after ‘‘permanent’’ and struck out ‘‘remote’’ before ‘‘locations’’.
Subsec. (d)(1)(A)(ii), (iii). Pub. L. 109–295, § 689(c)(2),
added cl. (ii) and redesignated former cl. (ii) as (iii).
Subsecs. (i), (j). Pub. L. 109–295, § 696(c), added subsec.
(i) and redesignated former subsec. (i) as (j).
2000–Pub. L. 106–390 amended section catchline and
text generally. Prior to amendment, text provided for
temporary housing assistance through provision of
temporary housing, temporary mortgage and rental
payment assistance, expenditures to repair or restore
owner-occupied private residential structures made uninhabitable by a major disaster which are capable of
being restored quickly, and transfer of temporary housing to occupants or to States, local governments, and
voluntary organizations, required notification to applicants for assistance, and set out location factors to be
given consideration in the provision of assistance.

§ 5177

any other unemployment compensation (as that
term is defined in section 85(b) of title 26) or
waiting period credit. Such assistance as the
President shall provide shall be available to an
individual as long as the individual’s unemployment caused by the major disaster continues or
until the individual is reemployed in a suitable
position, but no longer than 26 weeks after the
major disaster is declared. Such assistance for a
week of unemployment shall not exceed the
maximum weekly amount authorized under the
unemployment compensation law of the State in
which the disaster occurred. The President is directed to provide such assistance through agreements with States which, in his judgment, have
an adequate system for administering such assistance through existing State agencies.
(b) Reemployment assistance
(1) State assistance
A State shall provide, without reimbursement from any funds provided under this chapter, reemployment assistance services under
any other law administered by the State to individuals receiving benefits under this section.
(2) Federal assistance
The President may provide reemployment
assistance services under other laws to individuals who are unemployed as a result of a
major disaster and who reside in a State which
does not provide such services.
(Pub. L. 93–288, title IV, § 410, formerly § 407, May
22, 1974, 88 Stat. 156; renumbered § 410 and
amended Pub. L. 100–707, title I, § 106(e), (f), Nov.
23, 1988, 102 Stat. 4703, 4704.)

EFFECTIVE DATE OF 2000 AMENDMENT

REFERENCES IN TEXT

Pub. L. 106–390, title II, § 206(d), Oct. 30, 2000, 114 Stat.
1571, provided that: ‘‘The amendments made by this
section [amending this section and section 5192 of this
title and repealing section 5178 of this title] take effect
18 months after the date of the enactment of this Act
[Oct. 30, 2000].’’

This chapter, referred to in subsec. (b)(1), was in the
original ‘‘this Act’’, meaning Pub. L. 93–288, May 22,
1974, 88 Stat. 143. For complete classification of this
Act to the Code, see Short Title note set out under section 5121 of this title and Tables.

§ 5175. Repealed. Pub. L. 100–707, title
§ 105(m)(2), Nov. 23, 1988, 102 Stat. 4696

I,

Section, Pub. L. 93–288, title IV, § 405, May 22, 1974, 88
Stat. 155, related to protection of environment.

§ 5176. Repealed. Pub. L. 106–390, title
§ 104(c)(2), Oct. 30, 2000, 114 Stat. 1559

I,

Section, Pub. L. 93–288, title IV, § 409, formerly § 406,
May 22, 1974, 88 Stat. 155; renumbered § 409, Pub. L.
100–707, title I, § 106(e), Nov. 23, 1988, 102 Stat. 4703, related to minimum standards for public and private
structures.
A prior section 409 of Pub. L. 93–288 was renumbered
section 412 by Pub. L. 100–707 and is classified to section
5179 of this title.

§ 5177. Unemployment assistance
(a) Benefit assistance
The President is authorized to provide to any
individual unemployed as a result of a major
disaster such benefit assistance as he deems appropriate while such individual is unemployed
for the weeks of such unemployment with respect to which the individual is not entitled to

PRIOR PROVISIONS
A prior section 410 of Pub. L. 93–288 was renumbered
section 413 by Pub. L. 100–707 and is classified to section
5180 of this title.
AMENDMENTS
1988—Subsec. (a). Pub. L. 100–707, § 106(f)(1)–(3), inserted ‘‘for the weeks of such unemployment with respect to which the individual is not entitled to any
other unemployment compensation (as that term is defined in section 85(b) of title 26) or waiting period credit’’ for ‘‘is unemployed’’ before period at end of first
sentence, substituted ‘‘26 weeks’’ for ‘‘one year’’ in second sentence, and substituted ‘‘occurred’’ for ‘‘occurred, and the amount of assistance under this section
to any such individual for a week of unemployment
shall be reduced by any amount of unemployment compensation or of private income protection insurance
compensation available to such individual for such
week of unemployment’’ in third sentence.
Subsec. (b). Pub. L. 100–707, § 106(f)(4), inserted heading and amended text generally. Prior to amendment,
text read as follows: ‘‘The President is further authorized for the purposes of this chapter to provide reemployment assistance services under other laws to individuals who are unemployed as a result of a major disaster.’’

§ 5177a

TITLE 42—THE PUBLIC HEALTH AND WELFARE

§ 5177a. Emergency grants to assist low-income
migrant and seasonal farmworkers
(a) In general
The Secretary of Agriculture may make
grants to public agencies or private organizations with tax exempt status under section
501(c)(3) of title 26, that have experience in providing emergency services to low-income migrant and seasonal farmworkers where the Secretary determines that a local, State or national
emergency or disaster has caused low-income
migrant or seasonal farmworkers to lose income, to be unable to work, or to stay home or
return home in anticipation of work shortages.
Emergency services to be provided with assistance received under this section may include
such types of assistance as the Secretary of Agriculture determines to be necessary and appropriate.
(b) ‘‘Low-income migrant or seasonal farmworker’’ defined
For the purposes of this section, the term
‘‘low-income migrant or seasonal farmworker’’
means an individual—
(1) who has, during any consecutive 12
month period within the preceding 24 month
period, performed farm work for wages;
(2) who has received not less than one-half of
such individual’s total income, or been employed at least one-half of total work time in
farm work; and
(3) whose annual family income within the
12 month period referred to in paragraph (1)
does not exceed the higher of the poverty level
or 70 percent of the lower living standard income level.
(c) Authorization of appropriations
There are authorized to be appropriated such
sums as may be necessary to carry out this section.
(Pub. L. 101–624, title XXII, § 2281, Nov. 28, 1990,
104 Stat. 3978; Pub. L. 107–171, title X, § 10102,
May 13, 2002, 116 Stat. 488.)
CODIFICATION
Section was enacted as part of the Food, Agriculture,
Conservation, and Trade Act of 1990, and not as part of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act which comprises this chapter.

Page 5460

grant programs, prior to repeal by Pub. L. 100–707,
§ 106(g).
A prior section 411 of Pub. L. 93–288 was renumbered
section 414 by Pub. L. 100–707 and is classified to section
5181 of this title.

§ 5179. Benefits and distribution
(a) Persons eligible; terms and conditions
Whenever the President determines that, as a
result of a major disaster, low-income households are unable to purchase adequate amounts
of nutritious food, he is authorized, under such
terms and conditions as he may prescribe, to
distribute through the Secretary of Agriculture
or other appropriate agencies benefit allotments
to such households pursuant to the provisions of
the Food and Nutrition Act of 2008 of 1964 1 (P.L.
91–671; 84 Stat. 2048) [7 U.S.C. 2011 et seq.] and to
make surplus commodities available pursuant to
the provisions of this chapter.
(b) Duration of assistance; factors considered
The President, through the Secretary of Agriculture or other appropriate agencies, is authorized to continue to make such benefit allotments and surplus commodities available to
such households for so long as he determines
necessary, taking into consideration such factors as he deems appropriate, including the consequences of the major disaster on the earning
power of the households, to which assistance is
made available under this section.
(c) Food and Nutrition Act provisions unaffected
Nothing in this section shall be construed as
amending or otherwise changing the provisions
of the Food and Nutrition Act of 2008 of 1964 1 [7
U.S.C. 2011 et seq.] except as they relate to the
availability of supplemental nutrition assistance program benefits in an area affected by a
major disaster.
(Pub. L. 93–288, title IV, § 412, formerly § 409, May
22, 1974, 88 Stat. 157; renumbered § 412, Pub. L.
100–707, title I, § 106(h), Nov. 23, 1988, 102 Stat.
4705; Pub. L. 110–234, title IV, §§ 4002(b)(1)(C), (E),
(2)(DD), 4115(c)(1)(A)(ii), (iv), (B)(v), May 22, 2008,
122 Stat. 1096, 1097, 1109; Pub. L. 110–246, § 4(a),
title
IV,
§§ 4002(b)(1)(C),
(E),
(2)(DD),
4115(c)(1)(A)(ii), (iv), (B)(v), June 18, 2008, 122
Stat. 1664, 1857, 1859, 1870, 1871.)

AMENDMENTS

REFERENCES IN TEXT

2002—Subsec. (a). Pub. L. 107–171 struck out ‘‘, not to
exceed $20,000,000 annually,’’ after ‘‘Secretary of Agriculture may make grants’’.

The Food and Nutrition Act of 2008, referred to in
subsecs. (a) and (c), is Pub. L. 88–525, Aug. 31, 1964, 78
Stat. 703, which is classified generally to chapter 51
(§ 2011 et seq.) of Title 7, Agriculture. For complete
classification of this Act to the Code, see Short Title
note set out under section 2011 of Title 7 and Tables.
This chapter, referred to in subsec. (a), was in the
original ‘‘this Act’’, meaning Pub. L. 93–288, May 22,
1974, 88 Stat. 143. For complete classification of this
Act to the Code, see Short Title note set out under section 5121 of this title and Tables.

§ 5178. Repealed. Pub. L. 106–390, title II, § 206(c),
Oct. 30, 2000, 114 Stat. 1571
Section, Pub. L. 93–288, title IV, § 411, as added Pub.
L. 100–707, title I, § 106(g), Nov. 23, 1988, 102 Stat. 4704, related to individual and family grant programs.
EFFECTIVE DATE OF REPEAL
Repeal effective 18 months after Oct. 30, 2000, see section 206(d) of Pub. L. 106–390, set out as an Effective
Date of 2000 Amendment note under section 5174 of this
title.
PRIOR PROVISIONS
A prior section 5178, Pub. L. 93–288, title IV, § 408, May
22, 1974, 88 Stat. 156, related to individual and family

CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 made identical
amendments to this section. The amendments by Pub.
L. 110–234 were repealed by section 4(a) of Pub. L.
110–246.
1 So

in original. See 2008 Amendment note below.

Page 5461

TITLE 42—THE PUBLIC HEALTH AND WELFARE
PRIOR PROVISIONS

A prior section 412 of Pub. L. 93–288 was renumbered
section 415 by Pub. L. 100–707 and is classified to section
5182 of this title.

§ 5184

(Pub. L. 93–288, title IV, § 414, formerly § 411, May
22, 1974, 88 Stat. 157; renumbered § 414, Pub. L.
100–707, title I, § 106(h), Nov. 23, 1988, 102 Stat.
4705.)

AMENDMENTS

REFERENCES IN TEXT

2008—Pub. L. 110–246, § 4115(c)(1)(A)(iv), (B)(v), substituted ‘‘Benefits’’ for ‘‘Food coupons’’ in section
catchline.
Pub. L. 110–246, § 4002(b)(1)(C), (2)(DD), substituted
‘‘Food and Nutrition Act of 2008’’ for ‘‘Food Stamp
Act’’ in subsecs. (a) and (c).
Subsecs. (a), (b). Pub. L. 110–246, § 4115(c)(1)(A)(ii),
(B)(v), substituted ‘‘benefit’’ for ‘‘coupon’’.
Subsec. (c). Pub. L. 110–246, § 4002(b)(1)(E), (2)(DD),
substituted ‘‘supplemental nutrition assistance program benefits’’ for ‘‘food stamps’’.

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in
text, is Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, as
amended, which is classified principally to chapter 61
(§ 4601 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out
under section 4601 of this title and Tables.

EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out
as an Effective Date note under section 8701 of Title 7,
Agriculture.
Amendment by sections 4002(b)(1)(C), (E), (2)(DD), and
4115(c)(1)(A)(ii), (iv), (B)(v) of Pub. L. 110–246 effective
Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out
as a note under section 1161 of Title 2, The Congress.
DELEGATION OF FUNCTIONS

PRIOR PROVISIONS
A prior section 414(a), (b) of Pub. L. 93–288 was renumbered section 417(a), (b) by Pub. L. 100–707 and is classified to section 5184 of this title.

§ 5182. Legal services
Whenever the President determines that lowincome individuals are unable to secure legal
services adequate to meet their needs as a consequence of a major disaster, consistent with
the goals of the programs authorized by this
chapter, the President shall assure that such
programs are conducted with the advice and assistance of appropriate Federal agencies and
State and local bar associations.

Secretary of Agriculture designated and empowered
to exercise, without approval, ratification, or other action of President, all authority vested in President by
this section concerning food coupons (benefits) and distribution, see section 3 of Ex. Ord. No. 11795, as amended, set out as a note under section 5121 of this title.

(Pub. L. 93–288, title IV, § 415, formerly § 412, May
22, 1974, 88 Stat. 157; renumbered § 415, Pub. L.
100–707, title I, § 106(h), Nov. 23, 1988, 102 Stat.
4705.)

§ 5180. Food commodities

This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88
Stat. 143. For complete classification of this Act to the
Code, see Short Title note set out under section 5121 of
this title and Tables.

(a) Emergency mass feeding
The President is authorized and directed to assure that adequate stocks of food will be ready
and conveniently available for emergency mass
feeding or distribution in any area of the United
States which suffers a major disaster or emergency.
(b) Funds for purchase of food commodities
The Secretary of Agriculture shall utilize
funds appropriated under section 612c of title 7,
to purchase food commodities necessary to provide adequate supplies for use in any area of the
United States in the event of a major disaster or
emergency in such area.
(Pub. L. 93–288, title IV, § 413, formerly § 410, May
22, 1974, 88 Stat. 157; renumbered § 413, Pub. L.
100–707, title I, § 106(h), Nov. 23, 1988, 102 Stat.
4705.)
PRIOR PROVISIONS
A prior section 413 of Pub. L. 93–288 was renumbered
section 416 by Pub. L. 100–707 and is classified to section
5183 of this title.

§ 5181. Relocation assistance
Notwithstanding any other provision of law,
no person otherwise eligible for any kind of replacement housing payment under the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91–646) [42 U.S.C.
4601 et seq.] shall be denied such eligibility as a
result of his being unable, because of a major
disaster as determined by the President, to meet
the occupancy requirements set by such Act.

REFERENCES IN TEXT

PRIOR PROVISIONS
A prior section 415 of Pub. L. 93–288 was renumbered
section 418 by Pub. L. 100–707 and is classified to section
5185 of this title.

§ 5183. Crisis counseling assistance and training
The President is authorized to provide professional counseling services, including financial
assistance to State or local agencies or private
mental health organizations to provide such
services or training of disaster workers, to victims of major disasters in order to relieve mental health problems caused or aggravated by
such major disaster or its aftermath.
(Pub. L. 93–288, title IV, § 416, formerly § 413, May
22, 1974, 88 Stat. 157; renumbered § 416 and
amended Pub. L. 100–707, title I, § 106(i), Nov. 23,
1988, 102 Stat. 4705.)
PRIOR PROVISIONS
A prior section 416 of Pub. L. 93–288 was renumbered
section 419 by Pub. L. 100–707 and is classified to section
5186 of this title.
AMENDMENTS
1988—Pub. L. 100–707 struck out ‘‘(through the National Institute of Mental Health)’’ after ‘‘authorized’’.

§ 5184. Community disaster loans
(a) In general
The President is authorized to make loans to
any local government which may suffer a sub-

§ 5184

TITLE 42—THE PUBLIC HEALTH AND WELFARE

stantial loss of tax and other revenues as a result of a major disaster, and has demonstrated a
need for financial assistance in order to perform
its governmental functions.
(b) Amount
The amount of any such loan shall be based on
need, shall not exceed—
(1) 25 percent of the annual operating budget
of that local government for the fiscal year in
which the major disaster occurs, and shall not
exceed $5,000,000; or
(2) if the loss of tax and other revenues of
the local government as a result of the major
disaster is at least 75 percent of the annual operating budget of that local government for
the fiscal year in which the major disaster occurs, 50 percent of the annual operating budget
of that local government for the fiscal year in
which the major disaster occurs, and shall not
exceed $5,000,000.
(c) Repayment
(1) Cancellation
Repayment of all or any part of such loan to
the extent that revenues of the local government during the three full fiscal year period
following the major disaster are insufficient to
meet the operating budget of the local government, including additional disaster-related expenses of a municipal operation character
shall be cancelled.
(2) Condition on continuing eligibility
A local government shall not be eligible for
further assistance under this section during
any period in which the local government is in
arrears with respect to a required repayment
of a loan under this section.
(d) Effect on other assistance
Any loans made under this section shall not
reduce or otherwise affect any grants or other
assistance under this chapter.
(Pub. L. 93–288, title IV, § 417, formerly § 414(a),
(b), May 22, 1974, 88 Stat. 158; renumbered § 417,
Pub. L. 100–707, title I, § 106(j), Nov. 23, 1988, 102
Stat. 4705; Pub. L. 106–390, title II, § 207, Oct. 30,
2000, 114 Stat. 1571; Pub. L. 109–347, title VI, § 608,
Oct. 13, 2006, 120 Stat. 1942.)
CODIFICATION
Prior to renumbering as section 417, section 414 of
Pub. L. 93–288 contained a subsec. (c) which was repealed by Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat.
1082.
REFERENCES IN TEXT
This chapter, referred to in subsec. (d), was in the
original ‘‘this Act’’, meaning Pub. L. 93–288, May 22,
1974, 88 Stat. 143. For complete classification of this
Act to the Code, see Short Title note set out under section 5121 of this title and Tables.
PRIOR PROVISIONS
A prior section 417 of Pub. L. 93–288 was renumbered
section 420 by Pub. L. 100–707 and is classified to section
5187 of this title.
AMENDMENTS
2006—Subsec. (b). Pub. L. 109–347 substituted ‘‘exceed—
‘‘(1) 25 percent’’

Page 5462

for ‘‘exceed 25 per centum’’ and ‘‘; or’’ for period at end
and added par. (2).
2000—Pub. L. 106–390, § 207(1)–(3), designated first sentence of subsec. (a) as subsec. (a) and inserted subsec.
heading, designated second sentence of subsec. (a) as
subsec. (b) and inserted subsec. heading, and designated
third sentence of subsec. (a) as subsec. (c)(1) and inserted subsec. and par. headings. Former subsec. (b) redesignated (d).
Subsec. (b). Pub. L. 106–390, § 207(5), substituted ‘‘shall
not exceed’’ for ‘‘and shall not exceed’’ and inserted before period at end ‘‘, and shall not exceed $5,000,000’’.
Subsec. (c)(2). Pub. L. 106–390, § 207(6), added par. (2).
Subsec. (d). Pub. L. 106–390, § 207(4), redesignated subsec. (b) as (d) and inserted subsec. heading.
COMMUNITY EMERGENCY DROUGHT RELIEF
Pub. L. 95–31, title I, May 23, 1977, 91 Stat. 169, provided: ‘‘That this Act be cited as the ‘Community
Emergency Drought Relief Act of 1977’.
‘‘SEC. 101. (a) Upon the application of any State, political subdivision of a State, Indian tribe, or public or
private nonprofit organization, the Secretary of Commerce is authorized to make grants and loans to applicants in drought impacted areas for projects that implement short-term actions to augment community
water supplies where there are severe problems due to
water shortages. Such assistance may be for the improvement, expansion, or construction of water supplies, and purchase and transportation of water, which
in the opinion of the Secretary of Commerce will make
a substantial contribution to the relief of an existing or
threatened drought condition in a designated area.
‘‘(b) The Secretary of Commerce may designate any
area in the United States as an emergency drought impact area if he or she finds that a major and continuing
adverse drought condition exists and is expected to
continue, and such condition is causing significant
hardships on the affected areas.
‘‘(c) Eligible applicants shall be those States or political subdivisions of States with a population of ten
thousand or more, Indian tribes, or public or private
nonprofit organizations within areas designated pursuant to subsection (b) of this section.
‘‘(d) Projects assisted under this Act shall be only
those with respect to which assurances can be given to
the satisfaction of the Secretary of Commerce that the
work can be completed by April 30, 1978, or within such
extended time as the Secretary may approve in exceptional circumstances.
‘‘SEC. 102. Grants hereunder shall be in an amount
not to exceed 50 per centum of allowable project costs.
Loans shall be for a term not to exceed 40 years at a per
annum interest rate of 5 per centum and shall be on
such terms and conditions as the Secretary of Commerce shall determine. In determining the amount of a
grant assistance for any project, the Secretary of Commerce may take into consideration such factors as are
established by regulation and are consistent with the
purposes of this Act.
‘‘SEC. 103. In extending assistance under this Act the
Secretary shall take into consideration the relative
needs of applicant areas for the projects for which assistance is requested, and the appropriateness of the
project for relieving the conditions intended to be alleviated by this Act.
‘‘SEC. 104. The Secretary of Commerce shall have
such powers and authorities under this Act as are vested in the Secretary by sections 701 and 708 of the Public
Works and Economic Development Act of 1965, as
amended [sections 3211 and 3218 of this title], with respect to that Act [section 3121 et seq. of this title].
‘‘SEC. 105. The National Environmental Protection
Act of 1969, as amended [section 4321 et seq. of this
title], shall be implemented to the fullest extent consistent with but subject to the time constraints imposed by this Act, and the Secretary of Commerce when
making the final determination regarding an application for assistance hereunder shall give consideration
to the environmental consequences determined within
that period.

Page 5463

TITLE 42—THE PUBLIC HEALTH AND WELFARE

‘‘SEC. 106. (a) There is hereby authorized to be appropriated for the fiscal year ending September 30, 1977,
$225,000,000 of which sum $150,000,000 is to be for the
loan program herein, including administration thereof,
and $75,000,000 of which is to be used for the grant program herein, including administration thereof, and
such additional amounts for the fiscal year ending September 30, 1978, as may be reasonably needed for administrative expenses in monitoring and closing out the
program authorized by the Act. Funds authorized by
this Act shall be obligated by December 31, 1977.
‘‘(b) Funds available to the Secretary for this Act
shall be available for expenditure for drought impact
projects conducted heretofore by eligible applicants
during fiscal year 1977 if such projects are found to be
compatible with the broad purposes of this Act.’’

§ 5185. Emergency communications
The President is authorized during, or in anticipation of, an emergency or major disaster to
establish temporary communications systems
and to make such communications available to
State and local government officials and other
persons as he deems appropriate.
(Pub. L. 93–288, title IV, § 418, formerly § 415, May
22, 1974, 88 Stat. 158; renumbered § 418, Pub. L.
100–707, title I, § 106(j), Nov. 23, 1988, 102 Stat.
4705.)
PRIOR PROVISIONS
A prior section 418 of Pub. L. 93–288 was renumbered
section 421 by Pub. L. 100–707 and is classified to section
5188 of this title.

§ 5186. Emergency public transportation
The President is authorized to provide temporary public transportation service in an area
affected by a major disaster to meet emergency
needs and to provide transportation to governmental offices, supply centers, stores, post offices, schools, major employment centers, and
such other places as may be necessary in order
to enable the community to resume its normal
pattern of life as soon as possible.
(Pub. L. 93–288, title IV, § 419, formerly § 416, May
22, 1974, 88 Stat. 158; renumbered § 419, Pub. L.
100–707, title I, § 106(j), Nov. 23, 1988, 102 Stat.
4705.)
PRIOR PROVISIONS
A prior section 419 of Pub. L. 93–288 was classified to
section 5189 of this title prior to repeal by Pub. L.
100–707.

§ 5187. Fire management assistance
(a) In general
The President is authorized to provide assistance, including grants, equipment, supplies, and
personnel, to any State or local government for
the mitigation, management, and control of any
fire on public or private forest land or grassland
that threatens such destruction as would constitute a major disaster.
(b) Coordination with State and tribal departments of forestry
In providing assistance under this section, the
President shall coordinate with State and tribal
departments of forestry.
(c) Essential assistance
In providing assistance under this section, the
President may use the authority provided under
section 5170b of this title.

§ 5188

(d) Rules and regulations
The President shall prescribe such rules and
regulations as are necessary to carry out this
section.
(Pub. L. 93–288, title IV, § 420, formerly § 417, May
22, 1974, 88 Stat. 158; renumbered § 420, Pub. L.
100–707, title I, § 106(j), Nov. 23, 1988, 102 Stat.
4705; Pub. L. 106–390, title III, § 303(a), Oct. 30,
2000, 114 Stat. 1572.)
AMENDMENTS
2000—Pub. L. 106–390 amended section catchline and
text generally. Prior to amendment, text read as follows: ‘‘The President is authorized to provide assistance, including grants, equipment, supplies, and personnel, to any State for the suppression of any fire on
publicly or privately owned forest or grassland which
threatens such destruction as would constitute a major
disaster.’’
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106–390, title III, § 303(b), Oct. 30, 2000, 114 Stat.
1573, provided that: ‘‘The amendment made by subsection (a) [amending this section] takes effect 1 year
after the date of the enactment of this Act [Oct. 30,
2000].’’

§ 5188. Timber sale contracts
(a) Cost-sharing arrangement
Where an existing timber sale contract between the Secretary of Agriculture or the Secretary of the Interior and a timber purchaser
does not provide relief from major physical
change not due to negligence of the purchaser
prior to approval of construction of any section
of specified road or of any other specified development facility and, as a result of a major disaster, a major physical change results in additional construction work in connection with
such road or facility by such purchaser with an
estimated cost, as determined by the appropriate Secretary, (1) of more than $1,000 for sales
under one million board feet, (2) of more than $1
per thousand board feet for sales of one to three
million board feet, or (3) of more than $3,000 for
sales over three million board feet, such increased construction cost shall be borne by the
United States.
(b) Cancellation of authority
If the appropriate Secretary determines that
damages are so great that restoration, reconstruction, or construction is not practical under
the cost-sharing arrangement authorized by subsection (a) of this section, he may allow cancellation of a contract entered into by his Department notwithstanding contrary provisions
therein.
(c) Public notice of sale
The Secretary of Agriculture is authorized to
reduce to seven days the minimum period of advance public notice required by section 476 1 of
title 16, in connection with the sale of timber
from national forests, whenever the Secretary
determines that (1) the sale of such timber will
assist in the construction of any area of a State
damaged by a major disaster, (2) the sale of such
timber will assist in sustaining the economy of
such area, or (3) the sale of such timber is nec1 See

References in Text note below.

§ 5189

TITLE 42—THE PUBLIC HEALTH AND WELFARE

essary to salvage the value of timber damaged
in such major disaster or to protect undamaged
timber.
(d) State grants for removal of damaged timber;
reimbursement of expenses limited to salvage value of removed timber
The President, when he determines it to be in
the public interest, is authorized to make grants
to any State or local government for the purpose of removing from privately owned lands
timber damaged as a result of a major disaster,
and such State or local government is authorized upon application, to make payments out of
such grants to any person for reimbursement of
expenses actually incurred by such person in the
removal of damaged timber, not to exceed the
amount that such expenses exceed the salvage
value of such timber.
(Pub. L. 93–288, title IV, § 421, formerly § 418, May
22, 1974, 88 Stat. 158; renumbered § 421, Pub. L.
100–707, title I, § 106(j), Nov. 23, 1988, 102 Stat.
4705.)
REFERENCES IN TEXT
Section 476 of title 16, referred to in subsec. (c), was
repealed by Pub. L. 94–588, § 13, Oct. 22, 1976, 90 Stat.
2958.

§ 5189. Simplified procedure
If the Federal estimate of the cost of—
(1) repairing, restoring, reconstructing, or
replacing under section 5172 of this title any
damaged or destroyed public facility or private nonprofit facility,
(2) emergency assistance under section 5170b
or 5192 of this title, or
(3) debris removed under section 5173 of this
title,
is less than $35,000, the President (on application
of the State or local government or the owner or
operator of the private nonprofit facility) may
make the contribution to such State or local
government or owner or operator under section
5170b, 5172, 5173, or 5192 of this title, as the case
may be, on the basis of such Federal estimate.
Such $35,000 amount shall be adjusted annually
to reflect changes in the Consumer Price Index
for All Urban Consumers published by the Department of Labor.
(Pub. L. 93–288, title IV, § 422, as added Pub. L.
100–707, title I, § 106(k), Nov. 23, 1988, 102 Stat.
4705.)
PRIOR PROVISIONS
A prior section 5189, Pub. L. 93–288, title IV, § 419, May
22, 1974, 88 Stat. 159, related to alternate contributions,
prior to repeal by Pub. L. 100–707, § 106(k).

§ 5189a. Appeals of assistance decisions
(a) Right of appeal
Any decision regarding eligibility for, from, or
amount of assistance under this subchapter may
be appealed within 60 days after the date on
which the applicant for such assistance is notified of the award or denial of award of such assistance.
(b) Period for decision
A decision regarding an appeal under subsection (a) of this section shall be rendered with-

Page 5464

in 90 days after the date on which the Federal
official designated to administer such appeals
receives notice of such appeal.
(c) Rules
The President shall issue rules which provide
for the fair and impartial consideration of appeals under this section.
(Pub. L. 93–288, title IV, § 423, as added Pub. L.
100–707, title I, § 106(l), Nov. 23, 1988, 102 Stat.
4705.)
§ 5189b. Date of eligibility; expenses incurred before date of disaster
Eligibility for Federal assistance under this
subchapter shall begin on the date of the occurrence of the event which results in a declaration
by the President that a major disaster exists;
except that reasonable expenses which are incurred in anticipation of and immediately preceding such event may be eligible for Federal assistance under this chapter.
(Pub. L. 93–288, title IV, § 424, as added Pub. L.
100–707, title I, § 106(l), Nov. 23, 1988, 102 Stat.
4706.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88
Stat. 143. For complete classification of this Act to the
Code, see Short Title note set out under section 5121 of
this title and Tables.

§ 5189c. Transportation assistance to individuals
and households
The President may provide transportation assistance to relocate individuals displaced from
their predisaster primary residences as a result
of an incident declared under this chapter or
otherwise transported from their predisaster
primary residences under section 5170b(a)(3) or
5192 of this title, to and from alternative locations for short or long-term accommodation or
to return an individual or household to their
predisaster primary residence or alternative location, as determined necessary by the President.
(Pub. L. 93–288, title IV, § 425, as added Pub. L.
109–295, title VI, § 689f, Oct. 4, 2006, 120 Stat. 1452.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88
Stat. 143. For complete classification of this Act to the
Code, see Short Title note set out under section 5121 of
this title and Tables.
CODIFICATION
Another section 425 of Pub. L. 93–288 is classified to
section 5189e of this title.

§ 5189d. Case management services
The President may provide case management
services, including financial assistance, to State
or local government agencies or qualified private organizations to provide such services, to
victims of major disasters to identify and address unmet needs.
(Pub. L. 93–288, title IV, § 426, as added Pub. L.
109–295, title VI, § 689f, Oct. 4, 2006, 120 Stat. 1453.)

Page 5465

TITLE 42—THE PUBLIC HEALTH AND WELFARE

§ 5189e. Essential service providers
(a) Definition
In this section, the term ‘‘essential service
provider’’ means an entity that—
(1) provides—
(A) telecommunications service;
(B) electrical power;
(C) natural gas;
(D) water and sewer services; or
(E) any other essential service, as determined by the President;
(2) is—
(A) a municipal entity;
(B) a nonprofit entity; or
(C) a private, for profit entity; and
(3) is contributing to efforts to respond to an
emergency or major disaster.
(b) Authorization for accessibility
Unless exceptional circumstances apply, in an
emergency or major disaster, the head of a Federal agency, to the greatest extent practicable,
shall not—
(1) deny or impede access to the disaster site
to an essential service provider whose access
is necessary to restore and repair an essential
service; or
(2) impede the restoration or repair of the
services described in subsection (a)(1).
(c) Implementation
In implementing this section, the head of a
Federal agency shall follow all applicable Federal laws, regulations, and policies.
(Pub. L. 93–288, title IV, § 425, as added Pub. L.
109–347, title VI, § 607, Oct. 13, 2006, 120 Stat.
1941.)
CODIFICATION
Another section 425 of Pub. L. 93–288 is classified to
section 5189c of this title.

SUBCHAPTER IV–A—EMERGENCY
ASSISTANCE PROGRAMS
§ 5191. Procedure for declaration
(a) Request and declaration
All requests for a declaration by the President
that an emergency exists shall be made by the
Governor of the affected State. Such a request
shall be based on a finding that the situation is
of such severity and magnitude that effective response is beyond the capabilities of the State
and the affected local governments and that
Federal assistance is necessary. As a part of
such request, and as a prerequisite to emergency
assistance under this chapter, the Governor
shall take appropriate action under State law
and direct execution of the State’s emergency
plan. The Governor shall furnish information describing the State and local efforts and resources which have been or will be used to alleviate the emergency, and will define the type
and extent of Federal aid required. Based upon
such Governor’s request, the President may declare that an emergency exists.
(b) Certain emergencies involving Federal primary responsibility
The President may exercise any authority
vested in him by section 5192 of this title or sec-

§ 5192

tion 5193 of this title with respect to an emergency when he determines that an emergency
exists for which the primary responsibility for
response rests with the United States because
the emergency involves a subject area for which,
under the Constitution or laws of the United
States, the United States exercises exclusive or
preeminent responsibility and authority. In determining whether or not such an emergency exists, the President shall consult the Governor of
any affected State, if practicable. The President’s determination may be made without regard to subsection (a) of this section.
(Pub. L. 93–288, title V, § 501, as added Pub. L.
100–707, title I, § 107(a), Nov. 23, 1988, 102 Stat.
4706.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the
original ‘‘this Act’’, meaning Pub. L. 93–288, May 22,
1974, 88 Stat. 143, as amended. For complete classification of this Act to the Code, see Short Title note set
out under section 5121 of this title and Tables.
PRIOR PROVISIONS
A prior section 501 of Pub. L. 93–288 enacted subchapter VIII (§ 3231 et seq.) of chapter 38 of this title.

§ 5192. Federal emergency assistance
(a) Specified
In any emergency, the President may—
(1) direct any Federal agency, with or without reimbursement, to utilize its authorities
and the resources granted to it under Federal
law (including personnel, equipment, supplies,
facilities, and managerial, technical and advisory services) in support of State and local
emergency assistance efforts to save lives,
protect property and public health and safety,
and lessen or avert the threat of a catastrophe, including precautionary evacuations;
(2) coordinate all disaster relief assistance
(including voluntary assistance) provided by
Federal agencies, private organizations, and
State and local governments;
(3) provide technical and advisory assistance
to affected State and local governments for—
(A) the performance of essential community services;
(B) issuance of warnings of risks or hazards;
(C) public health and safety information,
including dissemination of such information;
(D) provision of health and safety measures; and
(E) management, control, and reduction of
immediate threats to public health and safety;
(4) provide emergency assistance through
Federal agencies;
(5) remove debris in accordance with the
terms and conditions of section 5173 of this
title;
(6) provide assistance in accordance with
section 5174 of this title;
(7) assist State and local governments in the
distribution of medicine, food, and other
consumable supplies, and emergency assistance; and
(8) provide accelerated Federal assistance
and Federal support where necessary to save

§ 5193

TITLE 42—THE PUBLIC HEALTH AND WELFARE

lives, prevent human suffering, or mitigate severe damage, which may be provided in the absence of a specific request and in which case
the President—
(A) shall, to the fullest extent practicable,
promptly notify and coordinate with a State
in which such assistance or support is provided; and
(B) shall not, in notifying and coordinating with a State under subparagraph (A),
delay or impede the rapid deployment, use,
and distribution of critical resources to victims of an emergency.
(b) General
Whenever the Federal assistance provided
under subsection (a) of this section with respect
to an emergency is inadequate, the President
may also provide assistance with respect to efforts to save lives, protect property and public
health and safety, and lessen or avert the threat
of a catastrophe, including precautionary evacuations.
(c) Guidelines
The President shall promulgate and maintain
guidelines to assist Governors in requesting the
declaration of an emergency in advance of a natural or man-made disaster (including for the
purpose of seeking assistance with special needs
and other evacuation efforts) under this section
by defining the types of assistance available to
affected States and the circumstances under
which such requests are likely to be approved.
(Pub. L. 93–288, title V, § 502, as added Pub. L.
100–707, title I, § 107(a), Nov. 23, 1988, 102 Stat.
4706; amended Pub. L. 106–390, title II, § 206(b),
Oct. 30, 2000, 114 Stat. 1570; Pub. L. 109–295, title
VI, § 681(b), Oct. 4, 2006, 120 Stat. 1444.)
AMENDMENTS
2006—Subsec. (a)(1). Pub. L. 109–295, § 681(b)(1)(A), inserted ‘‘, including precautionary evacuations’’ before
semicolon at end.
Subsec. (a)(8). Pub. L. 109–295, § 681(b)(1)(B)–(D), added
par. (8).
Subsec. (b). Pub. L. 109–295, § 681(b)(2), inserted
‘‘, including precautionary evacuations’’ before period
at end.
Subsec. (c). Pub. L. 109–295, § 681(b)(3), added subsec.
(c).
2000—Subsec. (a)(6). Pub. L. 106–390 struck out ‘‘temporary housing’’ after ‘‘provide’’.

Page 5466

(A) continued emergency assistance is immediately required;
(B) there is a continuing and immediate
risk to lives, property, public health or safety; and
(C) necessary assistance will not otherwise
be provided on a timely basis.
(3) Report
Whenever the limitation described in paragraph (1) is exceeded, the President shall report to the Congress on the nature and extent
of emergency assistance requirements and
shall propose additional legislation if necessary.
(Pub. L. 93–288, title V, § 503, as added Pub. L.
100–707, title I, § 107(a), Nov. 23, 1988, 102 Stat.
4707.)
SUBCHAPTER IV–B—EMERGENCY
PREPAREDNESS
§ 5195. Declaration of policy
The purpose of this subchapter is to provide a
system of emergency preparedness for the protection of life and property in the United States
from hazards and to vest responsibility for
emergency preparedness jointly in the Federal
Government and the States and their political
subdivisions. The Congress recognizes that the
organizational structure established jointly by
the Federal Government and the States and
their political subdivisions for emergency preparedness purposes can be effectively utilized to
provide relief and assistance to people in areas
of the United States struck by a hazard. The
Federal Government shall provide necessary direction, coordination, and guidance, and shall
provide necessary assistance, as authorized in
this subchapter so that a comprehensive emergency preparedness system exists for all hazards.
(Pub. L. 93–288, title VI, § 601, as added Pub. L.
103–337, div. C, title XXXIV, § 3411(a)(3), Oct. 5,
1994, 108 Stat. 3100.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 2251 of Title 50, Appendix, War and
National Defense, prior to repeal by Pub. L. 103–337,
§ 3412(a).

EFFECTIVE DATE OF 2000 AMENDMENT

TRANSFER OF FUNCTIONS

Amendment by Pub. L. 106–390 effective 18 months
after Oct. 30, 2000, see section 206(d) of Pub. L. 106–390,
set out as a note under section 5174 of this title.

For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
sections 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.

§ 5193. Amount of assistance
(a) Federal share
The Federal share for assistance provided
under this subchapter shall be equal to not less
than 75 percent of the eligible costs.
(b) Limit on amount of assistance
(1) In general
Except as provided in paragraph (2), total assistance provided under this subchapter for a
single emergency shall not exceed $5,000,000.
(2) Additional assistance
The limitation described in paragraph (1)
may be exceeded when the President determines that—

MULTIHAZARD PREPAREDNESS AND MITIGATION
Pub. L. 106–74, title III, Oct. 20, 1999, 113 Stat. 1086, as
amended by Pub. L. 109–295, title VI, § 612(c), Oct. 4,

Page 5467

TITLE 42—THE PUBLIC HEALTH AND WELFARE

2006, 120 Stat. 1410, provided in part: ‘‘That beginning in
fiscal year 2000 and each fiscal year thereafter, and notwithstanding any other provision of law, the Administrator of FEMA is authorized to provide assistance
from funds appropriated under this heading [EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE], subject to terms and conditions as the Administrator of FEMA shall establish, to any State for
multi-hazard preparedness and mitigation through consolidated
emergency
management
performance
grants’’.
MULTIHAZARD RESEARCH, PLANNING, AND MITIGATION;
FUNCTIONS, ETC., OF FEDERAL EMERGENCY MANAGEMENT AGENCY
Pub. L. 96–472, title III, §§ 301, 302, Oct. 19, 1980, 94
Stat. 2260, as amended by Pub. L. 97–80, title III, § 301,
Nov. 20, 1981, 95 Stat. 1083; Pub. L. 97–464, title II, § 201,
Jan. 12, 1983, 96 Stat. 2533; Pub. L. 109–295, title VI,
§ 612(c), Oct. 4, 2006, 120 Stat. 1410, provided that:
‘‘SEC. 301. It is recognized that natural and manmade
hazards may not be independent of one another in any
given disaster, and it is also recognized that emergency
personnel are often called upon to meet emergencies
outside of their primary field of service. Furthermore,
planning for and responding to different hazards have
certain common elements. To make maximum use of
these commonalities, the Administrator of the Federal
Emergency Management Agency (hereinafter referred
to as the ‘Director’) is authorized and directed to:
‘‘(1) initiate, within one year after the date of enactment of this Act [Oct. 19, 1980], studies with the
objective of defining and developing a multihazard research, planning, and implementation process within
the Agency;
‘‘(2) develop, within one year after the date of enactment of this Act [Oct. 19, 1980], in cooperation
with State and local governments, prototypical
multihazard mitigation projects which can be used to
evaluate several approaches to the varying hazard
mitigation needs of State and local governments and
to assess the applicability of these prototypes to
other jurisdictions with similar needs;
‘‘(3) investigate and evaluate, within one year after
the date of enactment of this Act [Oct. 19, 1980], the
effectiveness of a range of incentives for hazard reductions that can be applied at the State and local
government levels;
‘‘(4) prepare recommendations as to the need for
legislation that will limit the legal liability of those
third party persons or groups which are called upon
to provide technical assistance and advice to public
employees, including policemen, firemen, and transportation employees, who are generally the first to
respond to a hazardous incident; which recommendations shall be provided to the appropriate committees
of Congress within one hundred and eighty days after
the date of enactment of this Act [Oct. 19, 1980];
‘‘(5) prepare, within one hundred and eighty days
after the date of enactment of this Act [Oct. 19, 1980],
a report on the status of the Agency’s emergency information and communications systems which will
provide recommendations on—
‘‘(A) the advisability of developing a single, unified emergency information and communication
system for use by the Agency in carrying out its
emergency management activities;
‘‘(B) the potential for using communication and
remote sensing satellites as part of the Agency’s
emergency information and communication system; and
‘‘(C) the type of system to be developed, if needed,
including the relationship of the proposed system
and its needs to the existing and emerging information and communication systems in other Federal
agencies;
‘‘(6) conduct a program of multihazard research,
planning, and mitigation in coordination with those
studies and evaluations authorized in paragraphs (1)
through (5), as well as other hazard research, plan-

§ 5195

ning, and mitigation deemed necessary by the Director;
‘‘(7) conduct emergency first response programs so
as to better train and prepare emergency personnel to
meet emergencies outside of their primary field of
service; and
‘‘(8) conduct a program of planning, preparedness,
and mitigation related to the multiple direct and indirect hazards resulting from the occurrence of large
earthquakes.
‘‘SEC. 302. (a) For the fiscal year ending September 30,
1981, there are authorized to be appropriated to the Director $1,000,000 to carry out paragraphs (1) through (5)
of section 301 and such sums as may be necessary to
carry out paragraph (6) of such section.
‘‘(b) For the fiscal year ending September 30, 1982,
there are authorized to be appropriated to the Director—
‘‘(1) $4,939,000 to carry out section 301, which
amount shall include—
‘‘(A) not less than $700,000 to carry out the purposes of paragraphs (1) through (6) of such section;
‘‘(B) such sums as may be necessary, but in any
case not less than $939,000, for use by the United
States Fire Administration in carrying out paragraph (7) of such section; and
‘‘(C) not less than $3,300,000 to carry out paragraph (8) of such section with respect to those large
California earthquakes which were identified by the
National Security Council’s Ad Hoc Committee on
Assessment of Consequences and Preparations for a
Major California Earthquake; and
‘‘(2) such further sums as may be necessary for adjustments required by law in salaries, pay, retirement, and employee benefits incurred in the conduct
of activities for which funds are authorized by paragraph (1) of this subsection.
‘‘(c) For the fiscal year ending September 30, 1983,
there are authorized to be appropriated to the Director—
‘‘(1) $2,774,000 to carry out section 301, which
amount shall include—
‘‘(A) not less than $300,000 to carry out the purposes of paragraphs (1) through (6) of such section;
‘‘(B) such sums as may be necessary, but in any
case not less than $939,000, for use by the United
States Fire Administration in carrying out paragraph (7) of such section; and
‘‘(C) not less than $1,535,000 to carry out paragraph (8) of such section with respect to those large
California earthquakes which were identified by the
National Security Council’s Ad Hoc Committee on
Assessment of Consequences and Preparations for a
Major California Earthquake and with respect to
other high seismic risk areas in the United States;
and
‘‘(2) such further sums as may be necessary for adjustments required by law in salaries, pay, retirement, and employee benefits incurred in the conduct
of activities for which funds are authorized by paragraph (1) of this subsection.’’
REORGANIZATION PLAN NO. 1 OF 1958
Eff. July 1, 1958, 23 F.R. 4991, 72 Stat. 1799, as amended
Pub. L. 85–763, Aug. 26, 1958, 72 Stat. 861; Pub. L.
87–296, § 1, Sept. 22, 1961, 75 Stat. 630; Pub. L. 87–367,
title I, § 103(10), Oct. 4, 1961, 75 Stat. 788; Pub. L.
88–426, title III, § 305(11), Aug. 14, 1964, 78 Stat. 423;
Pub. L. 90–608, ch. IV, § 402, Oct. 21, 1968, 82 Stat. 1194;
Reorg. Plan No. 1 of 1973, § 3(a), eff. July 1, 1973, 38
F.R. 9579, 87 Stat. 1089
Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, April 24, 1958, pursuant to the provisions of
the Reorganization Act of 1949, approved June 20,
1949, as amended [see 5 U.S.C. 901 et seq.].
CIVILIAN MOBILIZATION
SECTION 1. TRANSFER OF FUNCTIONS TO THE PRESIDENT
(a) There are hereby transferred to the President of
the United States all functions vested by law (including

§ 5195

TITLE 42—THE PUBLIC HEALTH AND WELFARE

reorganization plan) in the following: The Office of Defense Mobilization, the Director of the Office of Defense
Mobilization, the Federal Civil Defense Administration, and the Federal Civil Defense Administrator.
(b) The President may from time to time delegate
any of the functions transferred to him by subsection
(a) of this section to any officer, agency, or employee
of the executive branch of the Government, and may
authorized such officer, agency, or employee to redelegate any of such functions delegated to him.
SEC. 2. OFFICE OF EMERGENCY PREPAREDNESS
[The Office of Emergency Preparedness including the
offices of Director and Deputy Director, and all offices
of Assistant Director, were abolished by Reorg. Plan
No. 1 of 1973, § 3(a)(1), eff. July 1, 1973, 38 F.R. 9579, 87
Stat. 1089, set out below.]
SEC. 3. REGIONAL DIRECTORS
[All offices of Regional Director of the Office of
Emergency Preparedness were abolished by Reorg. Plan
No. 1 of 1973, § 3(a)(1), eff. July 1, 1973, 38 F.R. 9579, 87
Stat. 1089, set out below.]
SEC. 4. MEMBERSHIP ON NATIONAL SECURITY COUNCIL
[The functions of the Director of the Office of Emergency Preparedness as a member of the National Security Council were abolished by Reorg. Plan No. 1 of
1973, § 3(a)(2), eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089,
set out below.]
SEC. 5. CIVIL DEFENSE ADVISORY COUNCIL
[The Civil Defense Advisory Council, together with
its functions, was abolished by Reorg. Plan No. 1 of
1973, § 3(a)(3), eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089,
set out below.]
SEC. 6. ABOLITIONS
The offices of Federal Civil Defense Administrator
and Deputy Administrator provided for in section 101 of
the Federal Civil Defense Act (50 U.S.C. App. 2271) and
the offices of the Director of the Office of Defense Mobilization and Deputy Director of the Office of Defense
Mobilization provided for in section 1 of Reorganization
Plan Numbered 3 of 1953 (67 Stat. 634) are hereby abolished. The Director of the Office of Emergency Preparedness shall make such provisions as may be necessary in order to wind up any outstanding affairs of
the offices abolished by this section which are not
otherwise provided for in this reorganization plan. [As
amended Pub. L. 90–608, ch. IV, § 402, Oct. 21, 1968, 82
Stat. 1194.]
SEC. 7. RECORDS, PROPERTY, PERSONNEL, AND FUNDS
(a) The records, property, personnel, and unexpended
balances, available or to be made available, of appropriations, allocations, and other funds of the Office of
Defense Mobilization and of the Federal Civil Defense
Administration shall, upon the taking effect of the provisions of this reorganization plan, become records,
property, personnel, and unexpended balances of the Office of Emergency Preparedness.
(b) Records, property, personnel, and unexpended balances, available or to be made available, of appropriations, allocations, and other funds of any agency (including the Office of Emergency Preparedness), relating to functions vested in or delegated or assigned to
the Office of Defense Mobilization or the Federal Civil
Defense Administration immediately prior to the taking effect of the provisions of this reorganization plan,
may be transferred from time to time to any other
agency of the Government by the Director of the Bureau of the Budget under authority of this subsection
for use, subject to the provisions of the Reorganization
Act of 1949, as amended, in connection with any of the
said functions authorized at time of transfer under this
subsection to be performed by the transferee agency.
(c) Such further measures and dispositions as the Director of the Bureau of the Budget shall determine to

Page 5468

be necessary in connection with the provisions of subsections (a) and (b) of this section shall be carried out
in such manner as he shall direct and by such agencies
as he shall designate. [As amended Pub. L. 90–608, ch.
IV, § 402, Oct. 21, 1968, 82 Stat. 1194.]
SEC. 8. INTERIM PROVISIONS
The President may authorize any person who immediately prior to the effective date of this reorganization
plan holds an office abolished by section 6 hereof to
hold any office established by section 2 of this reorganization plan until the latter office is filled pursuant to
the said section 2 or by recess appointment, as the case
may be, but in no event for any period extending more
than 120 days after the said effective date.
SEC. 9. EFFECTIVE DATE
The provisions of this reorganization plan shall take
effect at the time determined under the provisions of
section 6(a) of the Reorganization Act of 1949, as
amended, or on July 1, 1958, whichever is later.
MESSAGE OF THE PRESIDENT
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 1 of
1958, prepared in accordance with the Reorganization
Act of 1949, as amended. The reorganization plan provides new arrangements for the conduct of Federal defense mobilization and civil defense functions.
In formulating Reorganization Plan No. 1, I have had
the benefit of several studies made by the executive
branch as well as those conducted by the Congress. The
reorganization plan will overcome the major difficulties revealed by those studies and mentioned in my 1959
budget message where I made the following statement:
The structure of Federal organization for the planning, coordination, and conduct of our nonmilitary defense programs has been reviewed, and I have concluded
that the existing statues assigning responsibilities for
the central coordination and direction of these programs are out of date. The rapid technical advances of
military science have led to a serious overlap among
agencies carrying on these leadership and planning
functions. Because the situation will continue to
change and because these functions transcend the responsibility of any single department or agency, I have
concluded that they should be vested in no one short of
the President. I will make recommendations to the
Congress on this subject.
The principal effects of the organization plan are—
First, it transfers to the President the functions vested by law in the Federal Civil Defense Administration
and those so vested in the Office of Defense Mobilization. The result is to establish a single pattern with respect to the vesting of defense mobilization and civil
defense functions. At the present time disparity exists
in that civil defense functions are vested in the President only to a limited degree while a major part of the
functions administered by the Office of Defense Mobilization are vested by law in the President and delegated
by him to that Office. Under the plan, the broad program responsibilities for coordinating and conducting
the interrelated defense mobilization and civil defense
functions will be vested in the President for appropriate delegation as the rapidly changing character of
the nonmilitary preparedness program warrants.
Second, the reorganization plan consolidates the Office of Defense Mobilization and the Federal Civil Defense Administration to form a new Office of Defense
and Civilian Mobilization in the Executive Office of the
President. I have concluded that, in many instances,
the interests and activities of the Office of Defense Mobilization and the Federal Civil Defense Administration
overlap to such a degree that it is not possible to work
out a satisfactory division of those activities and interests between the two agencies. I have also concluded
that a single civilian mobilization agency of appropriate stature and authority is needed and that such an
agency will ensue from the consolidation and from the

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

granting of suitable authority to that agency for directing and coordinating the preparedness activities of
the Federal departments and agencies and for providing
unified guidance and assistance to the State and local
governments.
Third, the reorganization plan transfers the membership of the Director of the Office of Defense Mobilization on the National Security Council to the Director
of the Office of Defense and Civilian Mobilization and
also transfers the Civil Defense Advisory Council to the
Office of Defense and Civilian Mobilization.
Initially, the Office of Defense and Civilian Mobilization will perform the civil defense and defense mobilization functions now performed by the Office of Defense
Mobilization and the Federal Civil Defense Administration. One of its first tasks will be to advise me with respect to the actions to be taken to clarify and expand
the roles of the Federal departments and agencies in
carrying out nonmilitary defense preparedness functions. After such actions are taken, the direction and
coordination of the civil defense and defense mobilization activities assigned to the departments and agencies will comprise a principal remaining responsibility
of the Office of Defense and Civilian Mobilization.
After investigation, I have found and hereby declare
that each reorganization included in Reorganization
Plan No. 1 of 1958 is necessary to accomplish one or
more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended.
I have also found and hereby declare that it is necessary to include in the accompanying reorganization
plan, by reason of reorganizations made thereby, provisions for the appointment and compensation of new officers specified in sections 2 and 3 of the plan. The rates
of compensation fixed for these officers are, respectively those which I have found to prevail in respect of
comparable officers in the executive branch of the Government.
The taking effect of the reorganizations included in
Reorganization Plan No. 1 of 1958 will immediately reduce the number of Federal agencies by one and, by
providing sounder organizational arrangements for the
administration of the affected functions, should promote the increased economy and effectiveness of the
Federal expenditures concerned. It is, however, impracticable to itemize at this time the reduction of expenditures which it is probable will be brought about by such
taking effect.
I urge that the Congress allow the reorganization
plan to become effective.
DWIGHT D. EISENHOWER.
THE WHITE HOUSE, April 24, 1958.
REORGANIZATION PLAN NO. 1 OF 1973
Eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089, as amended
May 11, 1976, Pub. L. 94–282, title V, § 502, 90 Stat. 472
Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, January 26, 1973, pursuant to the provisions
of Chapter 9 of Title 5 of the United States Code.
EXECUTIVE OFFICE OF THE PRESIDENT
SECTION 1. TRANSFER OF FUNCTIONS TO THE PRESIDENT
Except as provided in section 3(a)(2) of this reorganization plan, there are hereby transferred to the President of the United States all functions vested by law in
the Office of Emergency Preparedness or the Director
of the Office of Emergency Preparedness after the effective date of Reorganization Plan No. 1 of 1958.
SEC. 2. [Repealed. Pub. L. 94–282, title V, § 502, May 11,
1976, 90 Stat. 472. Section transferred to the Director of
the National Science Foundation all functions vested
by law in the Office of Science and Technology or the
Director or Deputy Director of the Office of Science
and Technology.]
SEC. 3. ABOLITIONS
(a) The following are hereby abolished:

§ 5195

(1) The Office of Emergency Preparedness including
the offices of Director, Deputy Director, and all offices
of Assistant Director, and Regional Director of the Office of Emergency Preparedness provided for by sections 2 and 3 of Reorganization Plan No. 1 of 1958 (5
U.S.C., App.).
(2) The functions of the Director of the Office of
Emergency Preparedness with respect to being a member of the National Security Council.
(3) The Civil Defense Advisory Council, created by
section 102(a) of the Federal Civil Defense Act of 1950
(50 U.S.C. App. 2272(a)), together with its functions.
(4) The National Aeronautics and Space Council, created by section 201 of the National Aeronautics and
Space Act of 1958 (42 U.S.C. 2471), including the office of
Executive Secretary of the Council, together with its
functions.
(5) The Office of Science and Technology, including
the offices of Director and Deputy Director, provided
for by sections 1 and 2 of Reorganization Plan No. 2 of
1962 (5 U.S.C., App.).
(b) The Director of the Office of Management and
Budget shall make such provisions as he shall deem
necessary respecting the winding up of any outstanding
affairs of the agencies abolished by the provisions of
this section.
SEC. 4. INCIDENTAL TRANSFERS
(a) So much of the personnel, property, records, and
unexpended balances of appropriations, allocations, and
other funds employed, used, held, available, or to be
made available in connection with the functions transferred by sections 1 and 2 of this reorganization plan as
the Director of the Office of Management and Budget
shall determine shall be transferred at such time or
times as he shall direct for use in connection with the
functions transferred.
(b) Such further measures and dispositions as the Director of the Office of Management and Budget shall
deem to be necessary in order to effectuate the transfers referred to in subsection (a) of this section shall be
carried out in such manner as he shall direct and by
such agencies as he shall designate.
SEC. 5. EFFECTIVE DATE
The provisions of this reorganization plan shall take
effect as provided by section 906(a) of title 5 of the
United States Code, or on July 1, 1973, whichever is
later.
MESSAGE OF THE PRESIDENT
To the Congress of the United States:
On January 5 I announced a three-part program to
streamline the executive branch of the Federal Government. By concentrating less responsibility in the President’s immediate staff and more in the hands of the departments and agencies, this program should significantly improve the services of the Government. I believe these reforms have become so urgently necessary
that I intend, with the cooperation of the Congress, to
pursue them with all of the resources of my office during the coming year.
The first part of this program is a renewed drive to
achieve passage of my legislative proposals to overhaul
the Cabinet departments. Secondly, I have appointed
three Cabinet Secretaries as Counsellors to the President with coordinating responsibilities in the broad
areas of human resources, natural resources, and community development, and five Assistants to the President with special responsibilities in the areas of domestic affairs, economic affairs, foreign affairs, executive
management, and operations of the White House.
The third part of this program is a sharp reduction in
the overall size of the Executive Office of the President
and a reorientation of that office back to its original
mission as a staff for top-level policy formation and
monitoring of policy execution in broad functional
areas. The Executive Office of the President should no
longer be encumbered with the task of managing or ad-

§ 5195

TITLE 42—THE PUBLIC HEALTH AND WELFARE

ministering programs which can be run more effectively by the departments and agencies. I have therefore concluded that a number of specialized operational
and program functions should be shifted out of the Executive Office into the line departments and agencies of
the Government. Reorganization Plan No. 1 of 1973,
transmitted herewith, would effect such changes with
respect to emergency preparedness functions and scientific and technological affairs.
STREAMLINING THE FEDERAL SCIENCE
ESTABLISHMENT
When the National Science Foundation was established by an act of the Congress in 1950, its statutory
responsibilities included evaluation of the Government’s scientific research programs and development of
basic science policy. In the late 1950’s, however, with
the effectiveness of the U.S. science effort under serious scrutiny as a result of sputnik, the post of Science
Advisor to the President was established. The White
House became increasingly involved in the evaluation
and coordination of research and development programs and in science policy matters, and that involvement was institutionalized in 1962 when a reorganization plan established the Office of Science and Technology within the Executive Office of the President,
through transfer of authorities formerly vested in the
National Science Foundation.
With advice and assistance from OST during the past
decade; the scientific and technological capability of
the Government has been markedly strengthened. This
administration is firmly committed to a sustained,
broadbased national effort in science and technology,
as I made plain last year in the first special message on
the subject ever sent by a President to the Congress.
The research and development capability of the various
executive departments and agencies, civilian as well as
defense, has been upgraded. The National Science
Foundation has broadened from its earlier concentration on basic research support to take on a significant
role in applied research as well. It has matured in its
ability to play a coordinating and evaluative role within the Government and between the public and private
sectors.
I have therefore concluded that it is timely and appropriate to transfer to the Director of the National
Science Foundation all functions presently vested in
the Office of Science and Technology, and to abolish
that office. Reorganization Plan No. 1 would effect
these changes.
The multi-disciplinary staff resources of the Foundation will provide analytic capabilities for performance
of the transferred functions. In addition, the Director
of the Foundation will be able to draw on expertise
from all of the Federal agencies, as well as from outside the Government, for assistance in carrying out his
new responsibilities.
It is also my intention, after the transfer of responsibilities is effected, to ask Dr. H. Guyford Stever, the
current Director of the Foundation, to take on the additional post of Science Adviser. In this capacity, he
would advise and assist the White House, Office of Management and Budget, Domestic Council, and other entities within the Executive Office of the President on
matters where scientific and technological expertise is
called for, and would act as the President’s representative in selected cooperative programs in international
scientific affairs, including chairing such joint bodies
as the U.S.—U.S.S.R. Joint Commission on Scientific
and Technical Cooperation.
In the case of national security, the Department of
Defense has strong capabilities for assessing weapons
needs and for undertaking new weapons development,
and the President will continue to draw primarily on
this source for advice regarding military technology.
The President in special situations also may seek independent studies or assessments concerning military
technology from within or outside the Federal establishment, using the machinery of the National Security
Council for this purpose, as well as the Science Adviser
when appropriate.

Page 5470

In one special area of technology—space and aeronautics—a coordinating council has existed within the
Executive Office of the President since 1958. This body,
the National Aeronautics and Space Council, met a
major need during the evolution of our nation’s space
program. Vice President Agnew has served with distinction as its chairman for the past four years. At my
request, beginning in 1969, the Vice President also
chaired a special Space Task Group charged with developing strategy alternatives for a balanced U.S. space
program in the coming years.
As a result of this work, basic policy issues in the
United States space effort have been resolved, and the
necessary interagency relationships have been established. I have therefore concluded, with the Vice President’s concurrence, that the Council can be discontinued. Needed policy coordination can now be achieved
through the resources of the executive departments and
agencies, such as the National Aeronautics and Space
Administration, augmented by some of the former
Council staff. Accordingly, my reorganization plan proposes the abolition of the National Aeronautics and
Space Council.
A NEW APPROACH TO EMERGENCY
PREPAREDNESS
The organization within the Executive Office of the
President which has been known in recent years as the
Office of Emergency Preparedness dates back, through
its numerous predecessor agencies, more than 20 years.
It has performed valuable functions in developing plans
for emergency preparedness, in administering Federal
disaster relief, and in overseeing and assisting the
agencies in this area.
OEP’s work as a coordinating and supervisory authority in this field has in fact been so effective—particularly under the leadership of General George A.
Lincoln, its director for the past four years, who retired earlier this month after an exceptional military
and public service career—that the line departments
and agencies which in the past have shared in the performance of the various preparedness functions now
possess the capability to assume full responsibility for
those functions. In the interest of efficiency and economy, we can now further streamline the Executive Office of the President by formally relocating those responsibilities and closing the Office of Emergency Preparedness.
I propose to accomplish this reform in two steps.
First, Reorganization Plan No. 1 would transfer to the
President all functions previously vested by law in the
Office or its Director, except the Director’s role as a
member of the National Security Council, which would
be abolished; and it would abolish the Office of Emergency Preparedness.
The functions to be transferred to the President from
OEP are largely incidental to emergency authorities
already vested in him. They include functions under
the Disaster Relief Act of 1970 [42 U.S.C. 4401 et seq.];
the function of determining whether a major disaster
has occurred within the meaning of (1) Section 7 of the
Act of September 30, 1950, as amended, 20 U.S.C. 241–1,
or (2) Section 762(a) of the Higher Education Act of
1965, as added by Section 161(a) of the Education
Amendments of 1972, Public Law 92–318, 86 Stat. 288 at
299 (relating to the furnishing by the Commissioner of
Education of disaster relief assistance for educational
purposes) [20 U.S.C. 1132d–1]; and functions under Section 232 of the Trade Expansion Act of 1962, as amended
(19 U.S.C. 1862), with respect to the conduct of investigations to determine the effects on national security
of the importation of certain articles.
The Civil Defense Advisory Council within OEP
would also be abolished by this plan, as changes in domestic and international conditions since its establishment in 1950 have now obviated the need for a standing
council of this type. Should advice of the kind the
Council has provided be required again in the future,
State and local officials and experts in the field can be
consulted on an ad hoc basis.

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Second, as soon as the plan became effective, I would
delegate OEP’s former functions as follows:
All OEP responsibilities having to do with preparedness for and relief of civil emergencies and disasters would be transferred to the Department of
Housing and Urban Development. This would provide
greater field capabilities for coordination of Federal
disaster assistance with that provided by States and
local communities, and would be in keeping with the
objective of creating a broad, new Department of
Community Development.
OEP’s responsibilities for measures to ensure the
continuity of civil government operations in the
event of major military attack would be reassigned
to the General Services Administration, as would responsibility for resource mobilization including the
management of national security stockpiles, with
policy guidance in both cases to be provided by the
National Security Council, and with economic considerations relating to changes in stockpile levels to
be coordinated by the Council on Economic Policy.
Investigations of imports which might threaten the
national security—assigned to OEP by Section 232 of
the Trade Expansion Act of 1962 [19 U.S.C. 1862]—
would be reassigned to the Treasury Department,
whose other trade studies give it a readymade capability in this field; the National Security Council
would maintain its supervisory role over strategic
imports.
Those disaster relief authorities which have been reserved to the President in the past, such as the authority to declare major disasters, will continue to be exercised by him under these new arrangements. In emergency situations calling for rapid interagency coordination, the Federal response will be coordinated by the
Executive Office of the President under the general supervision of the Assistant to the President in charge of
executive management.
The Oil Policy Committee will continue to function
as in the past, unaffected by this reorganization, except
that I will designate the Deputy Secretary of the
Treasury as chairman in place of the Director of OEP.
The committee will operate under the general supervision of the Assistant to the President in charge of
economic affairs.
DECLARATIONS
After investigation, I have found that each action included in the accompanying plan is necessary to accomplish one or more of the purposes set forth in Section 901(a) of title 5 of the United States Code. In particular, the plan is responsive to the intention of the
Congress as expressed in Section 901(a)(1), ‘‘to promote
better execution of the laws, more effective management of the executive branch and of its agencies and
functions, and expeditious administration of the public
business;’’ and in Section 901(a)(3), ‘‘to increase the efficiency of the operations of the Government to the
fullest extent practicable;’’ and in Section 901(a)(5), ‘‘to
reduce the number of agencies by consolidating those
having similar functions under a single head, and to
abolish such agencies or functions as may not be necessary for the efficient conduct of the Government.’’
While it is not practicable to specify all of the expenditure reductions and other economies which will
result from the actions proposed, personnel and budget
savings from abolition of the National Aeronautics and
Space Council and the Office of Science and Technology
alone will exceed $2 million annually, and additional
savings should result from a reduction of Executive
Pay Schedule positions now associated with other
transferred and delegated functions.
The plan has as its one logically consistent subject
matter the streamlining of the Executive Office of the
President and the disposition of major responsibilities
currently conducted in the Executive Office of the
President, which can better be performed elsewhere or
abolished.
The functions which would be abolished by this plan,
and the statutory authorities for each, are:

§ 5195

(1) the functions of the Director of the Office of
Emergency Preparedness with respect to being a
member of the National Security Council (Sec. 101,
National Security Act of 1947, as amended, 50 U.S.C.
402; and Sec. 4, Reorganization Plan No. 1 of 1958);
(2) the functions of the Civil Defense Advisory
Council (Sec. 102(a) Federal Civil Defense Act of 1950;
50 U.S.C. App. 2272(a)); and
(3) the functions of the National Aeronautics and
Space Council (Sec. 201, National Aeronautics and
Space Act of 1958; 42 U.S.C. 2471).
The proposed reorganization is a necessary part of
the restructuring of the Executive Office of the President. It would provide through the Director of the National Science Foundation a strong focus for Federal
efforts to encourage the development and application
of science and technology to meet national needs. It
would mean better preparedness for and swifter response to civil emergencies, and more reliable precautions against threats to the national security. The
leaner and less diffuse Presidential staff structure
which would result would enhance the President’s ability to do his job and would advance the interests of the
Congress as well.
I am confident that this reorganization plan would
significantly increase the overall efficiency and effectiveness of the Federal Government. I urge the Congress to allow it to become effective.
RICHARD NIXON.
THE WHITE HOUSE, January 26, 1973.
EXECUTIVE ORDER NO. 10186
Ex. Ord. No. 10186, Dec. 1, 1950, 15 F.R. 8557, established the Federal Civil Defense Administration in the
Office for Emergency Management of the Executive Office of the President, provided for the appointment of
an Administrator and a Deputy Administrator, and delineated the purposes, functions, and authority of the
Administration and the Administrator.
EXECUTIVE ORDER NO. 10222
Ex. Ord. No. 10222, Mar. 8, 1951, 16 F.R. 2247, which
transferred to Federal Civil Defense Administration
functions of Health Resources Office of National Security Resources Board, was revoked by section 904(a)(2)
of Ex. Ord. No. 12919, June 3, 1994, 59 F.R. 29533, set out
as a note under section 2153 of Title 50, Appendix, War
and National Defense.
EXECUTIVE ORDER NO. 10346
Ex. Ord. No. 10346, Apr. 17, 1952, 17 F.R. 3477, as
amended by Ex. Ord. No. 10438, Mar. 13, 1953, 18 F.R.
1491; Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex.
Ord. No. 10782, Sept. 6, 1958, 23 F.R. 6971; Ex. Ord. No.
11051, Sept. 27, 1962, 27 F.R. 9683, which related to the
preparation by Federal agencies of civil defense emergency plans, was revoked by Ex. Ord. No. 11490, Oct. 28,
1969, 34 F.R. 17567, see below.
EXECUTIVE ORDER NO. 10529
Ex. Ord. No. 10529, Apr. 22, 1954, 19 F.R. 2397, as
amended by Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061;
Ex. Ord. No. 10782, Sept. 6, 1958, 23 F.R. 6971; Ex. Ord.
No. 11051, Sept. 27, 1962, 27 F.R. 9683, which related to
Federal employee participation in State and local civil
defense programs, was revoked by section 5–104 of Ex.
Ord. No. 12148, July 20, 1979, 44 F.R. 43243, set out below.
EXECUTIVE ORDER NO. 10611
Ex. Ord. No. 10611, May 11, 1955, 20 F.R. 3245, which related to establishment of the Civil Defense Coordinating Board, was revoked by section 7(7) of Ex. Ord.
No. 10773.
EXECUTIVE ORDER NO. 10773
Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061, as amended by Ex. Ord. No. 10782, Sept. 6, 1958, 23 F.R. 6971,
which related to the delegation and transfer of func-

§ 5195

TITLE 42—THE PUBLIC HEALTH AND WELFARE

tions to the Office of Civil and Defense Mobilization,
was superseded by Ex. Ord. No. 11051, Sept. 27, 1962, 27
F.R. 9683, see below.

Page 5472

tions to Interstate Commerce Commission, was revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567,
see below.

EXECUTIVE ORDER NO. 10902

EXECUTIVE ORDER NO. 11051

Ex. Ord. No. 10902, Jan. 9, 1961, 26 F.R. 217, which related to the issuance of emergency preparedness orders,
was superseded by Ex. Ord. No. 11051, Sept. 27, 1962, 27
F.R. 9683, see below.

Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683, as
amended by Ex. Ord. No. 11075, Jan. 15, 1963, 28 F.R. 473;
Ex. Ord. No. 11556, Sept. 4, 1970, 35 F.R. 14193; Ex. Ord.
No. 11725, June 27, 1973, 38 F.R. 17175; Ex. Ord. No. 12046,
Mar. 27, 1978, 43 F.R. 13349, which related to responsibility of the Office of Emergency Preparedness, was revoked by section 5–109 of Ex. Ord. No. 12148, July 20,
1979, 44 F.R. 43243, set out below.

EXECUTIVE ORDER NO. 10952
Ex. Ord. No. 10952, July 20, 1961, 26 F.R. 6577, as
amended by Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R.
9683, which related to the assignment of civil defense
responsibilities, was revoked by section 5–108 of Ex.
Ord. No. 12148, July 20, 1979, 44 F.R. 43243, set out below.
EXECUTIVE ORDER NO. 10958
Ex. Ord. No. 10958, Aug. 14, 1961, 26 F.R. 7571, as
amended by Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R.
9683, which provided for the delegation of functions respecting stockpiles of medical supplies and equipment
and food, was revoked by Ex. Ord. No. 11794, July 11,
1974, 39 F.R. 25937.
EXECUTIVE ORDER NO. 10997
Ex. Ord. No. 10997, Feb. 16, 1962, 27 F.R. 1522, which related to assignment of emergency preparedness functions to Secretary of the Interior, was revoked by Ex.
Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567, see below.
EXECUTIVE ORDER NO. 10998
Ex. Ord. No. 10998, Feb. 16, 1962, 27 F.R. 1524, which related to assignment of emergency preparedness functions to Secretary of Agriculture, was revoked by Ex.
Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567, see below.
EXECUTIVE ORDER NO. 10999
Ex. Ord. No. 10999, Feb. 16, 1962, 27 F.R. 1527, which related to assignment of emergency preparedness functions to Secretary of Commerce, was revoked by Ex.
Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567, see below.
EXECUTIVE ORDER NO. 11000
Ex. Ord. No. 11000, Feb. 16, 1962, 27 F.R. 1532, which related to assignment of emergency preparedness functions to Secretary of Labor, was revoked by Ex. Ord.
No. 11490, Oct. 28, 1969, 34 F.R. 17567, see below.
EXECUTIVE ORDER NO. 11001
Ex. Ord. No. 11001, Feb. 16, 1962, 27 F.R. 1534, which related to assignment of emergency preparedness functions to Secretary of Health, Education, and Welfare,
was revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R.
17567, see below.
EXECUTIVE ORDER NO. 11002
Ex. Ord. No. 11002, Feb. 16, 1962, 27 F.R. 1539, which related to assignment of emergency preparedness functions to Postmaster General, was revoked by Ex. Ord.
No. 11490, Oct. 28, 1969, 34 F.R. 17567, see below.
EXECUTIVE ORDER NO. 11003
Ex. Ord. No. 11003, Feb. 16, 1962, 27 F.R. 1540, which related to assignment of emergency preparedness functions to Administrator of Federal Aviation Agency,
was revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R.
17567, see below.
EXECUTIVE ORDER NO. 11004
Ex. Ord. No. 11004, Feb. 16, 1962, 27 F.R. 1542, which related to assignment of emergency preparedness functions to Housing and Home Finance Administrator, was
revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R.
17567, see below.
EXECUTIVE ORDER NO. 11005
Ex. Ord. No. 11005, Feb. 16, 1962, 27 F.R. 1544, which related to assignment of emergency preparedness func-

EXECUTIVE ORDER NO. 11087
Ex. Ord. No. 11087, Feb. 26, 1963, 28 F.R. 1835, which related to assignment of emergency preparedness functions to Secretary of State, was revoked by Ex. Ord.
No. 11490, Oct. 28, 1969, 34 F.R. 17567, see below.
EXECUTIVE ORDER NO. 11088
Ex. Ord. No. 11088, Feb. 26, 1963, 28 F.R. 1837, which related to assignment of emergency preparedness functions to Secretary of the Treasury, was revoked by Ex.
Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567, see below.
EXECUTIVE ORDER NO. 11089
Ex. Ord. No. 11089, Feb. 26, 1963, 28 F.R. 1839, which related to assignment of emergency preparedness functions to Atomic Energy Commission, was revoked by
Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567, see below.
EXECUTIVE ORDER NO. 11090
Ex. Ord. No. 11090, Feb. 26, 1963, 28 F.R. 1841, which related to assignment of emergency preparedness functions to Civil Aeronautics Board, was revoked by Ex.
Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567, see below.
EXECUTIVE ORDER NO. 11091
Ex. Ord. No. 11091, Feb. 26, 1963, 28 F.R. 1843, which related to assignment of emergency preparedness functions to Civil Service Commission, was revoked by Ex.
Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567, see below.
EXECUTIVE ORDER NO. 11092
Ex. Ord. No. 11092, Feb. 26, 1963, 28 F.R. 1847, which related to assignment of emergency preparedness functions to Federal Communications Commission, was revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567,
see below.
EXECUTIVE ORDER NO. 11093
Ex. Ord. No. 11093, Feb. 26, 1963, 28 F.R. 1851, which related to assignment of emergency preparedness functions to Administrator of General Services, was revoked by Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567,
see below.
EXECUTIVE ORDER NO. 11094
Ex. Ord. No. 11094, Feb. 26, 1963, 28 F.R. 1855, which related to assignment of emergency preparedness functions to Board of Governors of Federal Reserve System,
Federal Home Loan Bank Board, Farm Credit Administration, Export-Import Bank of Washington, Board of
Directors of Federal Deposit Insurance Corporation,
Securities and Exchange Commission, Administrator of
Small Business Administration, and Administrator of
Veterans Affairs, was revoked by Ex. Ord. No. 11490,
Oct. 28, 1969, 34 F.R. 17567, see below.
EXECUTIVE ORDER NO. 11095
Ex. Ord. No. 11095, Feb. 26, 1963, 28 F.R. 1859, which related to assignment of emergency preparedness functions to Board of Directors of Tennessee Valley Authority, Railroad Retirement Board, Administrator of National Aeronautics and Space Administration, Federal
Power Commission, and Director of National Science

Page 5473

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Foundation, was revoked by Ex. Ord. No. 11490, Oct. 28,
1969, 34 F.R. 17567, see below.
EXECUTIVE ORDER NO. 11426
Ex. Ord. No. 11426, Aug. 31, 1968, 33 F.R. 12615, which
provided for Federal-State liaison and cooperation, was
superseded by Ex. Ord. No. 11455, Feb. 14, 1969, 34 F.R.
2299.
EXECUTIVE ORDER NO. 11490
Ex. Ord. No. 11490, Oct. 28, 1969, 34 F.R. 17567, as
amended by Ex. Ord. No. 11522, Apr. 6, 1970, 35 F.R. 5659;
Ex. Ord. No. 11556, Sept. 4, 1970, 35 F.R. 14193; Ex. Ord.
No. 11746, Nov. 7, 1973, 38 F.R. 30991; Ex. Ord. No. 11921,
June 11, 1976, 41 F.R. 24294; Ex. Ord. No. 11953, Jan. 7,
1977, 42 F.R. 2492; Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R.
4957; Ex. Ord. No. 12046, Mar. 27, 1978, 43 F.R. 13349; Ex.
Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No.
12148, July 20, 1979, 44 F.R. 43239; Ex. Ord. No. 12608,
Sept. 9, 1987, 52 F.R. 34617, which related to assignment
of emergency preparedness functions to Federal agencies and departments, was revoked by section 2901 of
Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out
below.
EXECUTIVE ORDER NO. 11522
Ex. Ord. No. 11522, Apr. 6, 1970, 35 F.R. 5659, which related to the assignment of emergency preparedness
functions to the United States Information Agency,
was superseded by Ex. Ord. No. 11921, June 11, 1976, 41
F.R. 24294.
EXECUTIVE ORDER NO. 11725
Ex. Ord. No. 11725, June 27, 1973, 38 F.R. 17175, as
amended by Ex. Ord. No. 11749, Dec. 10, 1973, 38 F.R.
34177; Ex. Ord. No. 12046, Mar. 27, 1978, 43 F.R. 13349,
which related to transfer of certain functions of the Office of Emergency Preparedness, was revoked by section 5–112 of Ex. Ord. No. 12148, July 20, 1979, 44 F.R.
43243, set out below.
EXECUTIVE ORDER NO. 11746
Ex. Ord. No. 11746, Nov. 7, 1973, 38 F.R. 30991, which related to the assignment of emergency preparedness
functions to the Department of the Treasury, was superseded by Ex. Ord. No. 11921, June 11, 1976, 41 F.R.
24294.
EX. ORD. NO. 12148. FEDERAL EMERGENCY MANAGEMENT
Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, as
amended by Ex. Ord. No. 12155, Sept. 10, 1979, 44 F.R.
53071; Ex. Ord. No. 12156, Sept. 10, 1979, 44 F.R. 53073; Ex.
Ord. No. 12381, Sept. 8, 1982, 47 F.R. 39795; Ex. Ord. No.
12673, Mar. 23, 1989, 54 F.R. 12571; Ex. Ord. No. 12919,
§ 904(a)(8), June 3, 1994, 59 F.R. 29533; Ex. Ord. No. 13286,
§ 52, Feb. 28, 2003, 68 F.R. 10628, provided:
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including the Federal Civil Defense Act of 1950, as
amended (50 U.S.C. App. 2251 et seq.), the Disaster Relief Act of 1970, as amended (42 U.S.C. Chapter 58 note),
the Disaster Relief Act of 1974 (88 Stat. 143; 42 U.S.C.
5121 et seq.), the Earthquake Hazards Reduction Act of
1977 (42 U.S.C. 7701 et seq.), Section 4 of Public Law
92–385 (86 Stat. 556), Section 43 of the Act of August 10,
1956, as amended (50 U.S.C. App. 2285), the National Security Act of 1947, as amended [see Short Title note set
out under 50 U.S.C. 401], the Defense Production Act of
1950, as amended (50 U.S.C. App. 2061 et seq.), Reorganization Plan No. 1 of 1958 [set out above], Reorganization Plan No. 1 of 1973 [set out above], the Strategic
and Critical Materials Stock Piling Act, as amended (50
U.S.C. 98 et seq.), Section 202 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c) [31
U.S.C. 1531], and Section 301 of Title 3 of the United
States Code, and in order to transfer emergency functions to the Department of Homeland Security, it is
hereby ordered as follows:

§ 5195

SECTION 1. TRANSFERS OR REASSIGNMENTS
1–1. Transfer or Reassignment of Existing Functions.
1–101. All functions vested in the President that have
been delegated or assigned to the Defense Civil Preparedness Agency, Department of Defense, are transferred or reassigned to the Secretary of Homeland Security.
1–102. All functions vested in the President that have
been delegated or assigned to the Federal Disaster Assistance Administration, Department of Housing and
Urban Development, are transferred or reassigned to
the Secretary of Homeland Security, including any of
those functions redelegated or reassigned to the Department of Commerce with respect to assistance to
communities in the development of readiness plans for
severe weather-related emergencies.
1–103. All functions vested in the President that have
been delegated or assigned to the Federal Preparedness
Agency, General Services Administration, are transferred or reassigned to the Secretary of Homeland Security.
1–104. All functions vested in the President by the
Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
7701 et seq.), including those functions performed by
the Office of Science and Technology Policy, are delegated, transferred, or reassigned to the Secretary of
Homeland Security.
1–2. Transfer or Reassignment of Resources.
1–201. The records, property, personnel and positions,
and unexpended balances of appropriations, available
or to be made available, which relate to the functions
transferred, reassigned, or redelegated by this Order
are hereby transferred to the Secretary of Homeland
Security.
1–202. The Director of the Office of Management and
Budget shall make such determinations, issue such orders, and take all actions necessary or appropriate to
effectuate the transfers or reassignments provided by
this Order, including the transfer of funds, records,
property, and personnel.
SEC. 2. MANAGEMENT OF EMERGENCY PLANNING AND
ASSISTANCE
2–1. General.
2–101. The Secretary of Homeland Security shall establish Federal policies for, and coordinate, all civil defense and civil emergency planning, management, mitigation, and assistance functions of Executive agencies.
2–102. The Secretary of Homeland Security shall periodically review and evaluate the civil defense and civil
emergency functions of the Executive agencies. In
order to improve the efficiency and effectiveness of
those functions, the Secretary of Homeland Security
shall recommend to the President alternative methods
of providing Federal planning, management, mitigation, and assistance.
2–103. The Secretary of Homeland Security shall be
responsible for the coordination of efforts to promote
dam safety, for the coordination of natural and nuclear
disaster warning systems, and for the coordination of
preparedness and planning to reduce the consequences
of major terrorist incidents.
2–104. The Secretary of Homeland Security shall represent the President in working with State and local
governments and private sector to stimulate vigorous
participation in civil emergency preparedness, mitigation, response, and recovery programs.
2–105. The Secretary of Homeland Security shall provide an annual report to the President for subsequent
transmittal to the Congress on the functions of the Department of Homeland Security. The report shall assess
the current overall state of effectiveness of Federal
civil defense and civil emergency functions, organizations, resources, and systems and recommend measures
to be taken to improve planning, management, assistance, and relief by all levels of government, the private
sector, and volunteer organizations.
2–2. Implementation.
2–201. In executing the functions under this Order, the
Secretary of Homeland Security shall develop policies

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

which provide that all civil defense and civil emergency
functions, resources, and systems of Executive agencies
are:
(a) founded on the use of existing organizations, resources, and systems to the maximum extent practicable;
(b) integrated effectively with organizations, resources, and programs of State and local governments,
the private sector and volunteer organizations; and
(c) developed, tested and utilized to prepare for, mitigate, respond to and recover from the effects on the
population of all forms of emergencies.
2–202. Assignments of civil emergency functions shall,
whenever possible, be based on extensions (under emergency conditions) of the regular missions of the Executive agencies.
2–203. For purposes of this Order, ‘‘civil emergency’’
means any accidental, natural, man-caused, or wartime
emergency or threat thereof, which causes or may
cause substantial injury or harm to the population or
substantial damage to or loss of property.
2–204. In order that civil defense planning continues
to be fully compatible with the Nation’s overall strategic policy, and in order to maintain an effective link
between strategic nuclear planning and nuclear attack
preparedness planning, the development of civil defense
policies and programs by the Secretary of Homeland
Security shall be subject to oversight by the Secretary
of Defense and the National Security Council.
2–205. To the extent authorized by law and within
available resources, the Secretary of Defense shall provide the Secretary of Homeland Security with support
for civil defense programs in the areas of program development and administration, technical support, research, communications, transportation, intelligence,
and emergency operations.
2–206. All Executive agencies shall cooperate with and
assist the Secretary of Homeland Security in the performance of his functions.
2–3. Transition Provisions.
2–301. The functions which have been transferred, reassigned, or redelegated by Section 1 of this Order are
recodified and revised as set forth in this Order at Section 4, and as provided by the amendments made at
Section 5 to the provisions of other Orders.
2–302. Notwithstanding the revocations, revisions,
codifications, and amendments made by this Order, the
Secretary of Homeland Security may continue to perform the functions transferred to him by Section 1 of
this Order, except where they may otherwise be inconsistent with the provisions of this Order.
SEC. 3. FEDERAL EMERGENCY MANAGEMENT COUNCIL
[Revoked by Ex. Ord. No. 12919, § 904(a)(8), June 3,
1994, 59 F.R. 29533.]
SEC. 4. DELEGATIONS
4–1. Delegation of Functions Transferred to the President.
4–101. [Revoked by Ex. Ord. No. 12155, Sept. 10, 1979, 44
F.R. 53071.]
4–102. The functions vested in the Director of the Office of Defense Mobilization by Sections 103 and 303 of
the National Security Act of 1947, as amended by Sections 8 and 50 of the Act of September 3, 1954 (Public
Law 779; 68 Stat. 1228 and 1244) (50 U.S.C. 404 and 405),
were transferred to the President by Section 1(a) of Reorganization Plan No. 1 of 1958, as amended (50 U.S.C.
App. 2271 note) [now set out above], and they are hereby
delegated to the Secretary of Homeland Security.
4–103. (a) The functions vested in the Federal Civil
Defense Administration or its Administrator by the
Federal Civil Defense Act of 1950, as amended (50 U.S.C.
App. 2251 et seq.), were transferred to the President by
Reorganization Plan No. 1 of 1958, and they are hereby
delegated to the Secretary of Homeland Security.
(b) Excluded from the delegation in subsection (a) is
the function under Section 205(a)(4) of the Federal Civil
Defense Act of 1950, as amended (50 U.S.C. App.

Page 5474

2286(a)(4)), relating to the establishment and maintenance of personnel standards on the merit basis that
was delegated to the Director of the Office of Personnel
Management by Section 1(b) of Executive Order No.
11589, as amended (Section 2–101(b) of Executive Order
No. 12107) [5 U.S.C. 3376 note].
4–104. The Secretary of Homeland Security is authorized to redelegate, in accord with the provisions of Section 1(b) of Reorganization Plan No. 1 of 1958 (50 U.S.C.
App. 2271 note) [now set out above], any of the functions delegated by Sections 4–101, 4–102, and 4–103 of
this Order.
4–105. The functions vested in the Administrator of
the Federal Civil Defense Administration by Section 43
of the Act of August 10, 1956 (70A Stat. 636) [50 U.S.C.
App. 2285], were transferred to the President by Reorganization Plan No. 1 of 1958, as amended (50 U.S.C. App.
2271 note) [now set out above], were subsequently revested in the Director of the Office of Civil and Defense
Mobilization by Section 512 of Public Law 86–500 (50
U.S.C. App. 2285) [the office was changed to Office of
Emergency Planning by Public Law 87–296 (75 Stat. 630)
and then to the Office of Emergency Preparedness by
Section 402 of Public Law 90–608 (82 Stat. 1194)], were
again transferred to the President by Section 1 of Reorganization Plan No. 1 of 1973 (50 U.S.C. App. 2271 note)
[now set out above], and they are hereby delegated to
the Secretary of Homeland Security.
4–106. The functions vested in the Director of the Office of Emergency Preparedness by Section 16 of the
Act of September 23, 1950, as amended (20 U.S.C. 646),
and by Section 7 of the Act of September 30, 1950, as
amended (20 U.S.C. 241–1), were transferred to the President by Section 1 of Reorganization Plan No. 1 of 1973
(50 U.S.C. App. 2271 note) [now set out above], and they
are hereby delegated to the Secretary of Homeland Security.
4–107. That function vested in the Director of the Office of Emergency Preparedness by Section 762(a) of the
Higher Education Act of 1965, as added by Section 161(a)
of the Education Amendments of 1972, and as further
amended (20 U.S.C. 1132d–1(a)), to the extent transferred
to the President by Reorganization Plan No. 1 of 1973
(50 U.S.C. App. 2271 note) [now set out above], is hereby
delegated to the Secretary of Homeland Security.
4–2. Delegation of Functions Vested in the President.
4–201. The functions vested in the President by the
Disaster Relief Act of 1970, as amended (42 U.S.C. Chapter 58 note), are hereby delegated to the Secretary of
Homeland Security.
4–202. The functions (related to grants for damages
resulting from hurricane and tropical storm Agnes)
vested in the President by Section 4 of Public Law
92–335 (86 Stat. 556) are hereby delegated to the Secretary of Homeland Security.
Section [sic] 4–203. The functions vested in the President by the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, as amended (42 U.S.C. 5121
et seq.), except those functions vested in the President
by Section 401 (relating to the declaration of major disasters and emergencies) [42 U.S.C. 5170], Section 501 (relating to the declaration of emergencies) [42 U.S.C.
5191], Section 405 (relating to the repair, reconstruction, restoration, or replacement of Federal facilities)
[42 U.S.C. 5171], and Section 412 (relating to food coupons [benefits] and distribution) [42 U.S.C. 5179], are
hereby delegated to the Secretary of Homeland Security.
4–204. The functions vested in the President by the
Earthquake Hazards Reduction Act of 1977, as amended
(42 U.S.C. 7701 et seq.) are delegated to the Secretary of
Homeland Security.
4–205. Effective July 30, 1979, the functions vested in
the President by Section 4(h) of the Commodity Credit
Corporation Charter Act, as amended (15 U.S.C.
714b(h)), are hereby delegated to the Secretary of
Homeland Security.
4–206. Effective July 30, 1979, the functions vested in
the President by Section 204(f) of the Federal Property
and Administrative Services Act of 1949, as amended (40

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

U.S.C. 485(f)) [now 40 U.S.C. 574(d)], are hereby delegated to the Secretary of Homeland Security.
4–207. The functions vested in the President by Section 502 of the Federal Civil Defense Act of 1950, as
amended (50 U.S.C. App. 2302), are delegated to the Secretary of Homeland Security.
SEC. 5. OTHER EXECUTIVE ORDERS
5–1. Revocations.
5–101. Executive Order No. 10242, as amended, entitled
‘‘Prescribing Regulations Governing the Exercise by
the Federal Civil Defense Administrator of Certain Administrative Authority Granted by the Federal Civil
Defense Act of 1950’’, is revoked.
5–102. Sections 1 and 2 of Executive Order No. 10296, as
amended, entitled ‘‘Providing for the Performance of
Certain Defense Housing and Community Facilities and
Service Functions’’, are revoked.
5–103. Executive Order No. 10494, as amended, relating
to the disposition of remaining functions, is revoked.
5–104. Executive Order No. 10529, as amended, relating
to federal employee participation in State and local
civil defense programs, is revoked.
5–105. Section 3 of Executive Order No. 10601, as
amended, which concerns the Commodity Set Aside, is
revoked.
5–106. Executive Order No. 10634, as amended, relating
to loans for facilities destroyed or damaged by a major
disaster, is revoked.
5–107. Section 4(d)(2) of Executive Order No. 10900, as
amended, which concerns foreign currencies made
available to make purchases for the supplemental
stockpile, is revoked.
5–108. Executive Order No. 10952, as amended, entitled
‘‘Assigning Civil Defense Responsibilities to the Secretary of Defense and Others’’, is revoked.
5–109. Executive Order No. 11051, as amended, relating
to responsibilities of the Office of Emergency Preparedness, is revoked.
5–110. Executive Order No. 11415, as amended, relating
to the Health Resources Advisory Committee, is revoked.
5–111. Executive Order No. 11795, as amended, entitled
‘‘Delegating Disaster Relief Functions Pursuant to the
Disaster Relief Act of 1974’’, is revoked, except for Section 3 thereof.
5–112. Executive Order No. 11725, as amended, entitled
‘‘Transfer of Certain Functions of the Office of Emergency Preparedness’’, is revoked.
5–113. Executive Order No. 11749, as amended, entitled
‘‘Consolidating Disaster Relief Functions Assigned to
the Secretary of Housing and Urban Development’’ is
revoked.
5–2. Amendments.
5–201. Executive Order No. 10421, as amended, relating
to physical security of defense facilities [formerly set
out as a note under 50 U.S.C. 404] is further amended by
(a) substituting the ‘‘Director of the Federal Emergency Management Agency’’ for ‘‘Director of the Office
of Emergency Planning’’ in Sections 1(a), 1(c), and 6(b);
and, (b) substituting ‘‘Federal Emergency Management
Agency’’ for ‘‘Office of Emergency Planning’’ in Sections 6(b) and 7(b).
5–202. Executive Order No. 10480, as amended [50
U.S.C. App. 2153 note], is further amended by (a) substituting ‘‘Director of the Federal Emergency Management Agency’’ for ‘‘Director of the Office of Emergency
Planning’’ in Sections 101(a), 101(b), 201(a), 201(b), 301,
304, 307, 308, 310(b), 311(b), 312, 313, 401(b), 401(e), and 605;
and, (b) substituting ‘‘Director of the Federal Emergency Management Agency’’ for ‘‘Administrator of
General Services’’ in Sections 305, 501, and 610.
5–203. Section 3(d) of Executive Order No. 10582, as
amended [41 U.S.C. 8303 note], which relates to determinations under the Buy American Act is amended by
deleting ‘‘Director of the Office of Emergency Planning’’ and substituting therefor ‘‘Director of the Federal Emergency Management Agency’’.
5–204. Paragraph 21 of Executive Order No. 10789, as
amended [50 U.S.C. 1431 note], is further amended by

§ 5195

adding ‘‘The Federal Emergency Management Agency’’
after ‘‘Government Printing Office’’.
5–205. Executive Order No. 11179, as amended, concerning the National Defense Executive Reserve [50
U.S.C. App. 2153 note], is further amended by deleting
‘‘Director of the Office of Emergency Planning’’ in Section 2 and substituting therefor ‘‘Director of the Federal Emergency Management Agency’’.
5–206. Section 7 of Executive Order No. 11912, as
amended, concerning energy policy and conservation
[42 U.S.C. 6201 note], is further amended by deleting
‘‘Administrator of General Services’’ and substituting
therefor ‘‘Director of the Federal Emergency Management Agency’’.
5–207. Section 2(d) of Executive Order No. 11988 entitled ‘‘Floodplain Management’’ [42 U.S.C. 4321 note] is
amended by deleting ‘‘Federal Insurance Administration’’ and substituting therefor ‘‘Director of the Federal Emergency Management Agency’’.
5–208. Section 5–3 of Executive Order No. 12046 of
March 29, 1978 [47 U.S.C. 305 note], is amended by deleting ‘‘General Services Administration’’ and substituting therefor ‘‘Federal Emergency Management Agency’’ and by deleting ‘‘Administrator of General Services’’ and substituting therefor ‘‘Director of the Federal Emergency Management Agency’’.
5–209. Section 1–201 of Executive Order No. 12065 [50
U.S.C. 435 note] is amended by adding ‘‘The Director of
the Federal Emergency Management Agency’’ after
‘‘The Administrator, National Aeronautics and Space
Administration’’ and by deleting ‘‘Director, Federal
Preparedness Agency and to the’’ from the parentheses
after ‘‘The Administrator of General Services’’.
5–210. Section 1–102 of Executive Order No. 12075 of
August 16, 1978 [42 U.S.C. 1450 note], is amended by adding in alphabetical order ‘‘(p) Federal Emergency Management Agency’’.
5–211. Section 1–102 of Executive Order No. 12083 of
September 27, 1978 [42 U.S.C. 7101 note] is amended by
adding in alphabetical order ‘‘(z) the Director of the
Federal Emergency Management Agency’’.
5–212. Section 9.11(b) of Civil Service Rule IX (5 CFR
Part 9) [former 5 U.S.C. 3301 note] is amended by deleting ‘‘the Defense Civil Preparedness Agency and’’.
5–213. [Revoked by Ex. Ord. No. 12381, Sept. 8, 1982, 47
F.R. 39795.]
5–214. Executive Order No. 11490, as amended [see note
above] is further amended as follows:
(a) Delete the last sentence of Section 102(a) and substitute therefor the following: ‘‘The activities undertaken by the departments and agencies pursuant to
this Order, except as provided in Section 3003, shall be
in accordance with guidance provided by, and subject
to, evaluation by the Director of the Federal Emergency Management Agency.’’.
(b) Delete Section 103 entitled ‘‘Presidential Assistance’’ and substitute the following new Section 103:
‘‘Sec. 103 General Coordination. The Director of the Federal Emergency Management Agency (FEMA) shall determine national preparedness goals and policies for
the performance of functions under this Order and coordinate the performance of such functions with the total
national preparedness programs.’’.
(c) Delete the portion of the first sentence of Section
401 prior to the colon and insert the following: ‘‘The
Secretary of Defense shall perform the following emergency preparedness functions’’.
(d) Delete ‘‘Director of the Federal Preparedness
Agency (GSA)’’ or ‘‘the Federal Preparedness Agency
(GSA)’’ and substitute therefor ‘‘Director, FEMA’’, in
Sections 401(3), 401(4), 401(5), 401(9), 401(10), 401(14),
401(15), 401(16), 401(19), 401(21), 401(22), 501(8), 601(2),
904(2), 1102(2), 1204(2), 1401(a), 1701, 1702, 2003, 2004,
2801(5), 3001, 3002(2), 3004, 3005, 3006, 3008, 3010, and 3013.
(e) The number assigned to this Order shall be substituted for ‘‘11051 of September 27, 1962’’ in Section
3001, and for ‘‘11051’’ in Sections 1802, 2002(3), 3002 and
3008(1).
(f) The number assigned to this Order shall be substituted for ‘‘10952’’ in Sections 1103, 1104, 1205, and 3002.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(g) Delete ‘‘Department of Defense’’ in Sections 502,
601(1), 804, 905, 1103, 1104, 1106(4), 1205, 2002(8), the first
sentence of Section 3002, and Sections 3008(1) and 3010
and substitute therefor ‘‘Director of the Federal Emergency Management Agency.’’.
SEC. 6.
This Order is effective July 15, 1979.
[Section 1–106 of Ex. Ord. No. 12155, which enacted
sections 4–205 and 4–206 of Ex. Ord. No. 12148, was revoked by Pub. L. 100–180, div. C, title II, § 3203(b), Dec.
4, 1987, 101 Stat. 1247.]
[Ex. Ord. No. 13286, § 52, which directed amendment of
Ex. Ord. No. 12148, set out above, by substituting ‘‘the
Secretary of Homeland Security’’ for ‘‘the Director of
the Federal Emergency Management Agency’’ wherever
appearing, was executed by substituting ‘‘Secretary of
Homeland Security’’ for ‘‘Director of the Federal Emergency Management Agency’’ wherever appearing, including after ‘‘The’’ in section 2–101, and for ‘‘Director’’
in sections 2–102 to 2–105, 2–201, 2–206, and 2–302.]
EX. ORD. NO. 12472. ASSIGNMENT OF NATIONAL SECURITY
AND EMERGENCY PREPAREDNESS TELECOMMUNICATIONS
FUNCTIONS
Ex. Ord. No. 12472, Apr. 3, 1984, 49 F.R. 13471, as
amended by Ex. Ord. No. 13286, § 46, Feb. 28, 2003, 68 F.R.
10627; Ex. Ord. No. 13407, § 5(a), June 26, 2006, 71 F.R.
36976, provided:
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including the Communications Act of 1934, as amended
(47 U.S.C. 151), the National Security Act of 1947, as
amended, the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061), the Federal Civil Defense Act
of 1950, as amended (50 U.S.C. App. 2251), the Disaster
Relief Act of 1974 (42 U.S.C. 5121), Section 5 of Reorganization Plan No. 1 of 1977 (3 C.F.R. 197, 1978 Comp.) [5
U.S.C. App.], and Section 203 of Reorganization Plan
No. 3 of 1978 (3 C.F.R. 389, 1978 Comp.) [5 U.S.C. App.],
and in order to provide for the consolidation of assignment and responsibility for improved execution of national security and emergency preparedness telecommunications functions, it is hereby ordered as follows:
SECTION 1. The National Communications System. (a)
There is hereby established the National Communications System (NCS). The NCS shall consist of the telecommunications assets of the entities represented on
the NCS Committee of Principals and an administrative structure consisting of the Executive Agent, the
NCS Committee of Principals and the Manager. The
NCS Committee of Principals shall consist of representatives from those Federal departments, agencies
or entities, designated by the President, which lease or
own telecommunications facilities or services of significance to national security or emergency preparedness, and, to the extent permitted by law, other Executive entities which bear policy, regulatory or enforcement responsibilities of importance to national security or emergency preparedness telecommunications
capabilities.
(b) The mission of the NCS shall be to assist the
President, the National Security Council, the Homeland Security Council, the Director of the Office of
Science and Technology Policy and the Director of the
Office of Management and Budget in:
(1) the exercise of the telecommunications functions
and responsibilities set forth in Section 2 of this Order;
and
(2) the coordination of the planning for and provision
of national security and emergency preparedness communications for the Federal government under all circumstances, including crisis or emergency, attack, recovery and reconstitution.
(c) The NCS shall seek to ensure that a national telecommunications infrastructure is developed which:
(1) Is responsive to the national security and emergency preparedness needs of the President and the Fed-

Page 5476

eral departments, agencies and other entities, including telecommunications in support of national security
leadership and continuity of government;
(2) Is capable of satisfying priority telecommunications requirements under all circumstances through
use of commercial, government and privately owned
telecommunications resources;
(3) Incorporates the necessary combination of hardness, redundancy, mobility, connectivity, interoperability, restorability and security to obtain, to the
maximum extent practicable, the survivability of national security and emergency preparedness telecommunications in all circumstances, including conditions of crisis or emergency; and
(4) Is consistent, to the maximum extent practicable,
with other national telecommunications policies.
(d) To assist in accomplishing its mission, the NCS
shall:
(1) serve as a focal point for joint industry-government national security and emergency preparedness
telecommunications planning; and
(2) establish a joint industry-government National
Coordinating Center which is capable of assisting in the
initiation, coordination, restoration and reconstitution
of national security or emergency preparedness telecommunications services or facilities under all conditions of crisis or emergency.
(e) The Secretary of Homeland Security is designated
as the Executive Agent for the NCS. The Executive
Agent shall:
(1) Designate the Manager of the NCS;
(2) Ensure that the NCS conducts unified planning
and operations, in order to coordinate the development
and maintenance of an effective and responsive capability for meeting the domestic and international national security and emergency preparedness telecommunications needs of the Federal government;
(3) Ensure that the activities of the NCS are conducted in conjunction with the emergency management
activities of the Department of Homeland Security;
(4) Recommend, in consultation with the NCS Committee of Principals, to the National Security Council,
the Homeland Security Council, the Director of the Office of Science and Technology Policy, or the Director
of the Office of Management and Budget, as appropriate:
a. The assignment of implementation or other responsibilities to NCS member entities;
b. New initiatives to assist in the exercise of the
functions specified in Section 2; and
c. Changes in the composition or structure of the
NCS;
(5) Oversee the activities of and provide personnel
and administrative support to the Manager of the NCS;
(6) Provide staff support and technical assistance to
the National Security Telecommunications Advisory
Committee established by Executive Order No. 12382, as
amended [47 U.S.C. 901 note]; and
(7) Perform such other duties as are from time to
time assigned by the President or his authorized designee.
(f) The NCS Committee of Principals shall:
(1) Serve as the forum in which each member of the
Committee may review, evaluate, and present views,
information and recommendations concerning ongoing
or prospective national security or emergency preparedness telecommunications programs or activities
of the NCS and the entities represented on the Committee;
(2) Serve as the forum in which each member of the
Committee shall report on and explain ongoing or prospective telecommunications plans and programs developed or designed to achieve national security or emergency preparedness telecommunications objectives;
(3) Provide comments or recommendations, as appropriate, to the National Security Council, the Homeland
Security Council, the Director of the Office of Science
and Technology Policy, the Director of the Office of
Management and Budget, the Executive Agent, or the
Manager of the NCS, regarding ongoing or prospective
activities of the NCS; and

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(4) Perform such other duties as are from time to
time assigned by the President or his authorized designee.
(g) The Manager of the NCS shall:
(1) Develop for consideration by the NCS Committee
of Principals and the Executive Agent:
a. A recommended evolutionary telecommunications
architecture designed to meet current and future Federal government national security and emergency preparedness telecommunications requirements;
b. Plans and procedures for the management, allocation and use, including the establishment of priorities
or preferences, of Federally owned or leased telecommunications assets under all conditions of crisis or
emergency;
c. Plans, procedures and standards for minimizing or
removing technical impediments to the interoperability of government-owned and/or commercially-provided telecommunications systems;
d. Test and exercise programs and procedures for the
evaluation of the capability of the Nation’s telecommunications resources to meet national security or
emergency preparedness telecommunications requirements; and
e. Alternative mechanisms for funding, through the
budget review process, national security or emergency
preparedness telecommunications initiatives which
benefit multiple Federal departments, agencies, or entities. Those mechanisms recommended by the NCS
Committee of Principals and the Executive Agent shall
be submitted to the Director of the Office of Management and Budget.
(2) Implement and administer any approved plans or
programs as assigned, including any system of priorities and preferences for the provision of communications service, in consultation with the NCS Committee
of Principals and the Federal Communications Commission, to the extent practicable or otherwise required
by law or regulation;
(3) Chair the NCS Committee of Principals and provide staff support and technical assistance thereto;
(4) Serve as a focal point for joint industry-government planning, including the dissemination of technical information, concerning the national security or
emergency preparedness telecommunications requirements of the Federal government;
(5) Conduct technical studies or analyses, and examine research and development programs, for the purpose of identifying, for consideration by the NCS Committee of Principals and the Executive Agent, improved approaches which may assist Federal entities in
fulfilling national security or emergency preparedness
telecommunications objectives;
(6) Pursuant to the Federal Standardization Program
of the General Services Administration, and in consultation with other appropriate entities of the Federal
government including the NCS Committee of Principals, manage the Federal Telecommunications Standards Program, ensuring wherever feasible that existing
or evolving industry, national, and international standards are used as the basis for Federal telecommunications standards; and
(7) Provide such reports and perform such other duties as are from time to time assigned by the President
or his authorized designee, the Executive Agent, or the
NCS Committee of Principals. Any such assignments of
responsibility to, or reports made by, the Manager
shall be transmitted through the Executive Agent.
SEC. 2. Executive Office Responsibilities. (a) Wartime
Emergency Functions. (1) The National Security Council
shall provide policy direction for the exercise of the
war power functions of the President under Section 606
of the Communications Act of 1934, as amended (47
U.S.C. 606), should the President issue implementing instructions in accordance with the National Emergencies Act (50 U.S.C. 1601).
(2) The Director of the Office of Science and Technology Policy shall direct the exercise of the war power
functions of the President under Section 606(a), (c)–(e),
of the Communications Act of 1934, as amended (47

§ 5195

U.S.C. 606), should the President issue implementing instructions in accordance with the National Emergencies Act (50 U.S.C. 1601).
(b) Non-Wartime Emergency Functions. (1) The National
Security Council, in consultation with the Homeland
Security Council, shall:
a. Advise and assist the President in coordinating the
development of policy, plans, programs and standards
within the Federal government for the identification,
allocation, and use of the Nation’s telecommunications
resources by the Federal government, and by State and
local governments, private industry and volunteer organizations upon request, to the extent practicable and
otherwise consistent with law, during those crises or
emergencies in which the exercise of the President’s
war power functions is not required or permitted by
law; and
b. Provide policy direction for the exercise of the
President’s non-wartime emergency telecommunications functions, should the President so instruct.
(2) The Director of the Office of Science and Technology Policy shall provide information, advice, guidance and assistance, as appropriate, to the President
and to those Federal departments and agencies with responsibilities for the provision, management, or allocation of telecommunications resources, during those crises or emergencies in which the exercise of the President’s war power functions is not required or permitted
by law;
(3) The Director of the Office of Science and Technology Policy shall establish a Joint Telecommunications Resources Board (JTRB) to assist him in the exercise of the functions specified in this subsection. The
Director of the Office of Science and Technology Policy
shall serve as chairman of the JTRB; select those Federal departments, agencies, or entities which shall be
members of the JTRB; and specify the functions it
shall perform.
(c) Planning and Oversight Responsibilities. (1) The National Security Council shall advise and assist the
President in:
a. Coordinating the development of policy, plans, programs and standards for the mobilization and use of the
Nation’s commercial, government, and privately owned
telecommunications resources, in order to meet national security or emergency preparedness requirements;
b. Providing policy oversight and direction of the activities of the NCS; and
c. Providing policy oversight and guidance for the
execution of the responsibilities assigned to the Federal departments and agencies by this Order.
(2) The Director of the Office of Science and Technology Policy shall make recommendations to the
President with respect to the test, exercise and evaluation of the capability of existing and planned communications systems, networks or facilities to meet national security or emergency preparedness requirements and report the results of any such tests or evaluations and any recommended remedial actions to the
President and to the National Security Council;
(3) The Director of the Office of Science and Technology Policy or his designee shall advise and assist
the President in the administration of a system of
radio spectrum priorities for those spectrum dependent
telecommunications resources of the Federal government which support national security or emergency
preparedness functions. The Director also shall certify
or approve priorities for radio spectrum use by the Federal government, including the resolution of any conflicts in or among priorities, under all conditions of crisis or emergency; and
(4) The National Security Council, the Homeland Security Council, the Director of the Office of Science
and Technology Policy and the Director of the Office of
Management and Budget shall, in consultation with the
Executive Agent for the NCS and the NCS Committee
of Principals, determine what constitutes national security and emergency preparedness telecommunications requirements.

§ 5195

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(d) Consultation with Federal Departments and Agencies.
In performing the functions assigned under this Order,
the National Security Council, the Homeland Security
Council, and the Director of the Office of Science and
Technology Policy, in consultation with each other,
shall:
(1) Consult, as appropriate, with the Director of the
Office of Management and Budget; the Secretary of
Homeland Security with respect to the emergency
management responsibilities assigned pursuant to Executive Order No. 12148, as amended [set out above]; the
Secretary of Commerce, with respect to responsibilities
assigned pursuant to Executive Order No. 12046 [47
U.S.C. 305 note]; the Secretary of Defense, with respect
to communications security responsibilities assigned
pursuant to Executive Order No. 12333 [50 U.S.C. 401
note]; and the Chairman of the Federal Communications Commission or his authorized designee; and
(2) Establish arrangements for consultation among
all interested Federal departments, agencies or entities
to ensure that the national security and emergency
preparedness communications needs of all Federal government entities are identified; that mechanisms to address such needs are incorporated into pertinent plans
and procedures; and that such needs are met in a manner consistent, to the maximum extent practicable,
with other national telecommunications policies.
(e) Budgetary Guidelines. The Director of the Office of
Management and Budget, in consultation with the National Security Council, the Homeland Security Council, and the NCS, will prescribe general guidelines and
procedures for reviewing the financing of the NCS within the budgetary process and for preparation of budget
estimates by participating agencies. These guidelines
and procedures may provide for mechanisms for funding, through the budget review process, national security and emergency preparedness telecommunications
initiatives which benefit multiple Federal departments,
agencies, or entities.
SEC. 3. Assignment of Responsibilities to Other Departments and Agencies. In order to support and enhance the
capability to satisfy the national security and emergency preparedness telecommunications needs of the
Federal government, State and local governments, private industry and volunteer organizations, under all
circumstances including those of crisis or emergency,
the Federal departments and agencies shall perform
the following functions:
(a) Department of Commerce. The Secretary of Commerce shall, for all conditions of crisis or emergency:
(1) Develop plans and procedures concerning radio spectrum assignments, priorities and allocations for use by
Federal departments, agencies and entities; and
(2) Develop, maintain and publish policy, plans, and
procedures for the control and allocation of frequency
assignments, including the authority to amend, modify
or revoke such assignments, in those parts of the electromagnetic spectrum assigned to the Federal government.
(b) Department of Homeland Security. The Secretary of
Homeland Security shall:
(1) Plan for and provide, operate and maintain telecommunications services and facilities, as part of its
National Emergency Management System, adequate to
support its assigned emergency management responsibilities;
(2) Advise and assist State and local governments and
volunteer organizations, upon request and to the extent
consistent with law, in developing plans and procedures
for identifying and satisfying their national security or
emergency preparedness telecommunications requirements;
(3) Ensure, to the maximum extent practicable, that
national security and emergency preparedness telecommunications planning by State and local governments and volunteer organizations is mutually supportive and consistent with the planning of the Federal
government; and
(4) Develop, upon request and to the extent consistent
with law and in consonance with regulations promul-

Page 5478

gated by and agreements with the Federal Communications Commission, plans and capabilities for, and provide policy and management oversight of, the Emergency Alert System, and advise and assist private radio
licensees of the Commission in developing emergency
communications plans, procedures and capabilities.
(c) Department of State. The Secretary of State, in accordance with assigned responsibilities within the Diplomatic Telecommunications System, shall plan for
and provide, operate and maintain rapid, reliable and
secure telecommunications services to those Federal
entities represented at United States diplomatic missions and consular offices overseas. This responsibility
shall include the provision and operation of domestic
telecommunications in support of assigned national security or emergency preparedness responsibilities.
(d) Department of Defense. In addition to the other responsibilities assigned by this Order, the Secretary of
Defense shall:
(1) Plan for and provide, operate and maintain telecommunications services and facilities adequate to
support the National Command Authorities and to execute the responsibilities assigned by Executive Order
No. 12333 [50 U.S.C. 401 note]; and
(2) Ensure that the Director of the National Security
Agency provides the technical support necessary to develop and maintain plans adequate to provide for the
security and protection of national security and emergency preparedness telecommunications.
(3) Nothing in this order shall be construed to impair
or otherwise affect the authority of the Secretary of
Defense with respect to the Department of Defense, including the chain of command for the armed forces of
the United States under section 162(b) of title 10,
United States Code, and the authority of the Secretary
of Defense with respect to the Department of Defense
under section 113(b) of that title.
(e) Department of Justice. The Attorney General shall,
as necessary, review for legal sufficiency, including
consistency with the antitrust laws, all policies, plans
or procedures developed pursuant to responsibilities assigned by this Order.
(f) Central Intelligence Agency. The Director of Central
Intelligence shall plan for and provide, operate, and
maintain telecommunications services adequate to support its assigned responsibilities, including the dissemination of intelligence within the Federal government.
(g) General Services Administration. Except as otherwise assigned by this Order, the Administrator of General Services, consistent with policy guidance provided
by the Director of the Office of Management and Budget, shall ensure that Federally owned or managed domestic communications facilities and services meet the
national security and emergency preparedness requirements of the Federal civilian departments, agencies
and entities.
(h) Federal Communications Commission. The Federal
Communications Commission shall, consistent with
Section 4(c) of this Order:
(1) Review the policies, plans and procedures of all
entities licensed or regulated by the Commission that
are developed to provide national security or emergency preparedness communications services, in order
to ensure that such policies, plans and procedures are
consistent with the public interest, convenience and
necessity;
(2) Perform such functions as required by law with respect to all entities licensed or regulated by the Commission, including (but not limited to) the extension,
discontinuance or reduction of common carrier facilities or services; the control of common carrier rates,
charges, practices and classifications; the construction,
authorization, activation, deactivation or closing of
radio stations, services and facilities; the assignment
of radio frequencies to Commission licensees; the investigation of violations of pertinent law and regulation;
and the initiation of appropriate enforcement actions;
(3) Develop policy, plans and procedures adequate to
execute the responsibilities assigned in this Order
under all conditions or crisis or emergency; and

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(4) Consult as appropriate with the Executive Agent
for the NCS and the NCS Committee of Principals to
ensure continued coordination of their respective national security and emergency preparedness activities.
(i) All Federal departments and agencies, to the extent consistent with law (including those authorities
and responsibilities set forth in Section 4(c) of this
Order), shall:
(1) Determine their national security and emergency
preparedness telecommunications requirements, and
provide information regarding such requirements to
the Manager of the NCS;
(2) Prepare policies, plans and procedures concerning
telecommunications facilities, services or equipment
under their management or operational control to
maximize their capability of responding to the national
security or emergency preparedness needs of the Federal government;
(3) Provide, after consultation with the Director of
the Office of Management and Budget, resources to support their respective requirements for national security and emergency preparedness telecommunications;
and provide personnel and staff support to the Manager
of the NCS as required by the President;
(4) Make information available to, and consult with,
the Manager of the NCS regarding agency telecommunications activities in support of national security or emergency preparedness;
(5) Consult, consistent with the provisions of Executive Order No. 12046, as amended [47 U.S.C. 305 note],
and in conjunction with the Manager of the NCS, with
the Federal Communications Commission regarding
execution of responsibilities assigned by this Order;
(6) Submit reports annually, or as otherwise requested, to the Manager of the NCS, regarding agency
national security or emergency preparedness telecommunications activities; and
(7) Cooperate with and assist the Executive Agent for
the NCS, the NCS Committee of Principals, the Manager of the NCS, and other departments and agencies in
the execution of the functions set forth in this Order,
furnishing them such information, support and assistance as may be required.
(j) Each Federal department or agency shall execute
the responsibilities assigned by this Order in conjunction with the emergency management activities of the
Department of Homeland Security, and in regular consultation with the Executive Agent for the NCS and the
NCS Committee of Principals to ensure continued coordination of NCS and individual agency telecommunications activities.
SEC. 4. General Provisions. (a) All Executive departments and agencies may issue such rules and regulations as may be necessary to carry out the functions
assigned under this Order.
(b) In order to reflect the assignments of responsibility provided by this Order,
(1) Sections 2–414, 4–102, 4–103, 4–202, 4–302, 5–3, and
6–101 of Executive Order No. 12046, as amended [47
U.S.C. 305], are revoked;
(2) The Presidential Memorandum of August 21, 1963,
as amended, entitled ‘‘Establishment of the National
Communications System’’, is hereby superseded; and
(3) Section 2–411 of Executive Order No. 12046, as
amended [47 U.S.C. 305], is further amended by deleting
the period and inserting ‘‘, except as otherwise provided by Executive Order No.’’ and inserting the number assigned to this Order.
(c) Nothing in this Order shall be deemed to affect the
authorities or responsibilities of the Director of the Office of Management and Budget, or any Office or official thereof; or reassign any function assigned any
agency under the Federal Property and Administrative
Services Act of 1949, as amended; or under any other
law; or any function vested by law in the Federal Communications Commission.
SEC. 5. This Order shall be effective upon publication
in the Federal Register.

§ 5195

EX. ORD. NO. 12656. ASSIGNMENT OF EMERGENCY
PREPAREDNESS RESPONSIBILITIES
Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, as
amended by Ex. Ord. No. 13074, Feb. 9, 1998, 63 F.R. 7277;
Ex. Ord. No. 13228, § 9, Oct. 8, 2001, 66 F.R. 51816; Ex. Ord.
No. 13286, § 42, Feb. 28, 2003, 68 F.R. 10626, provided:
WHEREAS our national security is dependent upon
our ability to assure continuity of government, at
every level, in any national security emergency situation that might confront the Nation; and
WHEREAS effective national preparedness planning
to meet such an emergency, including a massive nuclear attack, is essential to our national survival; and
WHEREAS effective national preparedness planning
requires the identification of functions that would have
to be performed during such an emergency, the assignment of responsibility for developing plans for performing these functions, and the assignment of responsibility for developing the capability to implement those
plans; and
WHEREAS the Congress has directed the development of such national security emergency preparedness
plans and has provided funds for the accomplishment
thereof;
NOW, THEREFORE, by virtue of the authority vested
in me as President by the Constitution and laws of the
United States of America, and pursuant to Reorganization Plan No. 1 of 1958 (72 Stat. 1799) [set out above], the
National Security Act of 1947, as amended [50 U.S.C. 401
et seq.], the Defense Production Act of 1950, as amended
[see 50 U.S.C. App. 2061], and the Federal Civil Defense
Act, as amended, it is hereby ordered that the responsibilities of the Federal departments and agencies in
national security emergencies shall be as follows:
PART 1—PREAMBLE
SECTION 101. National Security Emergency Preparedness
Policy.
(a) The policy of the United States is to have sufficient capabilities at all levels of government to meet
essential defense and civilian needs during any national security emergency. A national security emergency is any occurrence, including natural disaster,
military attack, technological emergency, or other
emergency, that seriously degrades or seriously threatens the national security of the United States. Policy
for national security emergency preparedness shall be
established by the President. Pursuant to the President’s direction, the National Security Council shall be
responsible for developing and administering such policy, except that the Homeland Security Council shall
be responsible for administering such policy with respect to terrorist threats and attacks within the United
States. All national security emergency preparedness
activities shall be consistent with the Constitution and
laws of the United States and with preservation of the
constitutional government of the United States.
(b) Effective national security emergency preparedness planning requires: identification of functions that
would have to be performed during such an emergency;
development of plans for performing these functions;
and development of the capability to execute those
plans.
SEC. 102. Purpose.
(a) The purpose of this Order is to assign national security emergency preparedness responsibilities to Federal departments and agencies. These assignments are
based, whenever possible, on extensions of the regular
missions of the departments and agencies.
(b) This Order does not constitute authority to implement the plans prepared pursuant to this Order. Plans
so developed may be executed only in the event that
authority for such execution is authorized by law.
SEC. 103. Scope.
(a) This Order addresses national security emergency
preparedness functions and activities. As used in this
Order, preparedness functions and activities include, as
appropriate, policies, plans, procedures, and readiness
measures that enhance the ability of the United States

§ 5195

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Government to mobilize for, respond to, and recover
from a national security emergency.
(b) This Order does not apply to those natural disasters, technological emergencies, or other emergencies,
the alleviation of which is normally the responsibility
of individuals, the private sector, volunteer organizations, State and local governments, and Federal departments and agencies unless such situations also constitute a national security emergency.
(c) This Order does not require the provision of information concerning, or evaluation of, military policies,
plans, programs, or states of military readiness.
(d) This Order does not apply to national security
emergency preparedness telecommunications functions
and responsibilities that are otherwise assigned by Executive Order 12472 [set out above].
SEC. 104. Management of National Security Emergency
Preparedness.
(a) The National Security Council is the principal
forum for consideration of national security emergency
preparedness policy, except that the Homeland Security Council is the principal forum for consideration of
policy relating to terrorist threats and attacks within
the United States.
(b) The National Security Council and the Homeland
Security Council shall arrange for Executive branch liaison with, and assistance to, the Congress and the
Federal judiciary on national security-emergency preparedness matters.
(c) The Secretary of Homeland Security shall serve as
an advisor to the National Security Council and the
Homeland Security Council on issues of national security emergency preparedness, including mobilization
preparedness, civil defense, continuity of government,
technological disasters, and other issues, as appropriate. Pursuant to such procedures for the organization and management of the National Security Council
and Homeland Security Council processes as the President may establish, the Secretary of Homeland Security also shall assist in the implementation of and
management of those processes as the President may
establish. The Secretary of Homeland Security also
shall assist in the implementation of national security
emergency preparedness policy by coordinating with
the other Federal departments and agencies and with
State and local governments, and by providing periodic
reports to the National Security Council and the Homeland Security Council on implementation of national
security emergency preparedness policy.
(d) National security emergency preparedness functions that are shared by more than one agency shall be
coordinated by the head of the Federal department or
agency having primary responsibility and shall be supported by the heads of other departments and agencies
having related responsibilities.
(e) There shall be a national security emergency exercise program that shall be supported by the heads of
all appropriate Federal departments and agencies.
(f) Plans and procedures will be designed and developed to provide maximum flexibility to the President
for his implementation of emergency actions.
SEC. 105. Interagency Coordination.
(a) All appropriate Cabinet members and agency
heads shall be consulted regarding national security
emergency preparedness programs and policy issues.
Each department and agency shall support interagency
coordination to improve preparedness and response to a
national security emergency and shall develop and
maintain decentralized capabilities wherever feasible
and appropriate.
(b) Each Federal department and agency shall work
within the framework established by, and cooperate
with those organizations assigned responsibility in, Executive Order No. 12472 [set out above], to ensure adequate national security emergency preparedness telecommunications in support of the functions and activities addressed by this Order.
PART 2—GENERAL PROVISIONS
SEC. 201. General. The head of each Federal department and agency, as appropriate, shall:

Page 5480

(1) Be prepared to respond adequately to all national
security emergencies, including those that are international in scope, and those that may occur within any
region of the Nation;
(2) Consider national security emergency preparedness factors in the conduct of his or her regular functions, particularly those functions essential in time of
emergency. Emergency plans and programs, and an appropriate state of readiness, including organizational
infrastructure, shall be developed as an integral part of
the continuing activities of each Federal department
and agency;
(3) Appoint a senior policy official as Emergency Coordinator, responsible for developing and maintaining a
multi-year, national security emergency preparedness
plan for the department or agency to include objectives, programs, and budgetary requirements;
(4) Design preparedness measures to permit a rapid
and effective transition from routine to emergency operations, and to make effective use of the period following initial indication of a probable national security
emergency. This will include:
(a) Development of a system of emergency actions
that defines alternatives, processes, and issues to be
considered during various stages of national security
emergencies;
(b) Identification of actions that could be taken in
the early stages of a national security emergency or
pending national security emergency to mitigate the
impact of or reduce significantly the lead times associated with full emergency action implementation;
(5) Base national security emergency preparedness
measures on the use of existing authorities, organizations, resources, and systems to the maximum extent
practicable;
(6) Identify areas where additional legal authorities
may be needed to assist management and, consistent
with applicable Executive orders, take appropriate
measures toward acquiring those authorities;
(7) Make policy recommendations to the National Security Council and the Homeland Security Council regarding national security emergency preparedness activities and functions of the Federal Government;
(8) Coordinate with State and local government agencies and other organizations, including private sector
organizations, when appropriate. Federal plans should
include appropriate involvement of and reliance upon
private sector organizations in the response to national
security emergencies;
(9) 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;
(10) Cooperate, to the extent appropriate, in compiling, evaluating, and exchanging relevant data related
to all aspects of national security emergency preparedness;
(11) Develop programs regarding congressional relations and public information that could be used during
national security emergencies;
(12) Ensure a capability to provide, during a national
security emergency, information concerning Acts of
Congress, presidential proclamations, Executive orders,
regulations, and notices of other actions to the Archivist of the United States, for publication in the Federal
Register, or to each agency designated to maintain the
Federal Register in an emergency;
(13) Develop and conduct training and education programs that incorporate emergency preparedness and
civil defense information necessary to ensure an effective national response;
(14) Ensure that plans consider the consequences for
essential services provided by State and local governments, and by the private sector, if the flow of Federal
funds is disrupted;
(15) Consult and coordinate with the Secretary of
Homeland Security to ensure that those activities and
plans are consistent with current Presidential guidelines and policies.
SEC. 202. Continuity of Government. The head of each
Federal department and agency shall ensure the con-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

tinuity of essential functions in any national security
emergency by providing for: succession to office and
emergency delegation of authority in accordance with
applicable law; safekeeping of essential resources, facilities, and records; and establishment of emergency
operating capabilities.
SEC. 203. Resource Management. The head of each Federal department and agency, as appropriate within assigned areas of responsibility, shall:
(1) Develop plans and programs to mobilize personnel
(including reservist programs), equipment, facilities,
and other resources;
(2) Assess essential emergency requirements and plan
for the possible use of alternative resources to meet essential demands during and following national security
emergencies;
(3) Prepare plans and procedures to share between
and among the responsible agencies resources such as
energy, equipment, food, land, materials, minerals,
services, supplies, transportation, water, and workforce
needed to carry out assigned responsibilities and other
essential functions, and cooperate with other agencies
in developing programs to ensure availability of such
resources in a national security emergency;
(4) Develop plans to set priorities and allocate resources among civilian and military claimants;
(5) identify occupations and skills for which there
may be a critical need in the event of a national security emergency.
SEC. 204. Protection of Essential Resources and Facilities.
The head of each Federal department and agency, within assigned areas of responsibility, shall:
(1) Identify facilities and resources, both government
and private, essential to the national defense and national welfare, and assess their vulnerabilities and develop strategies, plans, and programs to provide for the
security of such facilities and resources, and to avoid
or minimize disruptions of essential services during
any national security emergency;
(2) Participate in interagency activities to assess the
relative importance of various facilities and resources
to essential military and civilian needs and to integrate preparedness and response strategies and procedures;
(3) Maintain a capability to assess promptly the effect of attack and other disruptions during national security emergencies.
SEC. 205. Federal Benefit, Insurance, and Loan Programs. The head of each Federal department and agency
that administers a loan, insurance, or benefit program
that relies upon the Federal Government payment system shall coordinate with the Secretary of the Treasury in developing plans for the continuation or restoration, to the extent feasible, of such programs in national security emergencies.
SEC. 206. Research. The Director of the Office of
Science and Technology Policy and the heads of Federal departments and agencies having significant research and development programs shall advise the National Security Council and the Homeland Security
Council of scientific and technological developments
that should be considered in national security emergency preparedness planning.
SEC. 207. Redelegation. The head of each Federal department and agency is hereby authorized, to the extent otherwise permitted by law, to redelegate the
functions assigned by this Order, and to authorize successive redelegations to organizations, officers, or employees within that department or agency.
SEC. 208. Transfer of Functions. Recommendations for
interagency transfer of any emergency preparedness
function assigned under this Order or for assignment of
any new emergency preparedness function shall be
coordinated with all affected Federal departments and
agencies before submission to the National Security
Council or the Homeland Security Council.
SEC. 209. Retention of Existing Authority. Nothing in
this Order shall be deemed to derogate from assignments of functions to any Federal department or agency or officer thereof made by law.

§ 5195

PART 3—DEPARTMENT OF AGRICULTURE
SEC. 301. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Secretary of Agriculture shall:
(1) Develop plans to provide for the continuation of
agriculture production, food processing, storage, and
distribution through the wholesale level in national security emergencies, and to provide for the domestic
distribution of seed, feed, fertilizer, and farm equipment to agricultural producers;
(2) Develop plans to provide food and agricultural
products to meet international responsibilities in national security emergencies;
(3) Develop plans and procedures for administration
and use of Commodity Credit Corporation inventories
of food and fiber resources in national security emergencies;
(4) Develop plans for the use of resources under the
jurisdiction of the Secretary of Agriculture and, in cooperation with the Secretaries of Commerce, Defense,
and the Interior, the Board of Directors of the Tennessee Valley Authority, and the heads of other government entities, plan for the national security emergency
management, production, and processing of forest products;
(5) Develop, in coordination with the Secretary of Defense, plans and programs for water to be used in agricultural production and food processing in national security emergencies;
(6) In cooperation with Federal, State, and local
agencies, develop plans for a national program relating
to the prevention and control of fires in rural areas of
the United States caused by the effects of enemy attack or other national security emergencies;
(7) Develop plans to help provide the Nation’s farmers
with production resources, including national security
emergency financing capabilities;
(8) Develop plans, in consonance with those of the Department of Health and Human Services, the Department of the Interior, and the Environmental Protection Agency, for national security emergency agricultural health services and forestry, including:
(a) Diagnosis and control or eradication of diseases,
pests, or hazardous agents (biological, chemical, or radiological) against animals, crops, timber, or products
thereof;
(b) Protection, treatment, and handling of livestock
and poultry, or products thereof, that have been exposed to or affected by hazardous agents;
(c) Use and handling of crops, agricultural commodities, timber, and agricultural lands that have been exposed to or affected by hazardous agents; and
(d) Assuring the safety and wholesomeness, and minimizing losses from hazards, of animals and animal
products and agricultural commodities and products
subject to continuous inspection by the Department of
Agriculture or owned by the Commodity Credit Corporation or by the Department of Agriculture;
(9) In consultation with the Secretary of State and
the Secretary of Homeland Security, represent the
United States in agriculture-related international civil
emergency preparedness planning and related activities.
SEC. 302. Support Responsibility. The Secretary of Agriculture shall assist the Secretary of Defense in formulating and carrying out plans for stockpiling strategic
and critical agricultural materials.
PART 4—DEPARTMENT OF COMMERCE
SEC. 401. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Secretary of Commerce shall:
(1) Develop control systems for priorities, allocation,
production, and distribution of materials and other resources that will be available to support both national
defense and essential civilian programs in a national
security emergency;
(2) In cooperation with the Secretary of Defense and
other departments and agencies, identify those indus-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

trial products and facilities that are essential to mobilization readiness, national defense, or post-attack survival and recovery;
(3) In cooperation with the Secretary of Defense and
other Federal departments and agencies, analyze potential effects of national security emergencies on actual production capability, taking into account the entire production complex, including shortages of resources, and develop preparedness measures to
strengthen capabilities for production increases in national security emergencies;
(4) In cooperation with the Secretary of Defense, perform industry analyses to assess capabilities of the
commercial industrial base to support the national defense, and develop policy alternatives to improve the
international competitiveness of specific domestic industries and their abilities to meet defense program
needs;
(5) In cooperation with the Secretary of the Treasury,
develop plans for providing emergency assistance to
the private sector through direct or participation loans
for the financing of production facilities and equipment;
(6) In cooperation with the Secretaries of State, Defense, Transportation, and the Treasury, prepare plans
to regulate and control exports and imports in national
security emergencies;
(7) Provide for the collection and reporting of census
information on human and economic resources, and
maintain a capability to conduct emergency surveys to
provide information on the status of these resources as
required for national security purposes;
(8) Develop overall plans and programs to ensure that
the fishing industry continues to produce and process
essential protein in national security emergencies;
(9) Develop plans to provide meteorological, hydrologic, marine weather, geodetic, hydrographic, climatic, seismic, and oceanographic data and services to
Federal, State, and local agencies, as appropriate;
(10) In coordination with the Secretary of State and
the Secretary of Homeland Security, represent the
United States in industry-related international (NATO
and allied) civil emergency preparedness planning and
related activities.
SEC. 402. Support Responsibilities. The Secretary of
Commerce shall:
(1) Assist the Secretary of Defense in formulating and
carrying out plans for stockpiling strategic and critical
materials;
(2) Support the Secretary of Agriculture in planning
for the national security management, production, and
processing of forest and fishery products;
(3) Assist, in consultation with the Secretaries of
State and Defense, the Secretary of the Treasury in the
formulation and execution of economic measures affecting other nations.
PART 5—DEPARTMENT OF DEFENSE
SEC. 501. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Secretary of Defense shall:
(1) Ensure military preparedness and readiness to respond to national security emergencies;
(2) In coordination with the Secretary of Commerce,
develop, with industry, government, and the private
sector, reliable capabilities for the rapid increase of defense production to include industrial resources required for that production;
(3) Develop and maintain, in cooperation with the
heads of other departments and agencies, national security emergency plans, programs, and mechanisms to
ensure effective mutual support between and among
the military, civil government, and the private sector;
(4) Develop and maintain damage assessment capabilities and assist the Secretary of Homeland Security
and the heads of other departments and agencies in developing and maintaining capabilities to assess attack
damage and to estimate the effects of potential attack
on the Nation;
(5) Arrange, through agreements with the heads of
other Federal departments and agencies, for the trans-

Page 5482

fer of certain Federal resources to the jurisdiction and/
or operational control of the Department of Defense in
national security emergencies;
(6) Acting through the Secretary of the Army, develop, with the concurrence of the heads of all affected
departments and agencies, overall plans for the management, control, and allocation of all usable waters
from all sources within the jurisdiction of the United
States. This includes:
(a) Coordination of national security emergency
water resource planning at the national, regional,
State, and local levels;
(b) Development of plans to assure emergency provision of water from public works projects under the jurisdiction of the Secretary of the Army to public water
supply utilities and critical defense production facilities during national security emergencies;
(c) Development of plans to assure emergency operation of waterways and harbors; and
(d) Development of plans to assure the provision of
potable water;
(7) In consultation with the Secretaries of State and
Energy, the Secretary of Homeland Security, and others, as required, develop plans and capabilities for identifying, analyzing, mitigating, and responding to hazards related to nuclear weapons, materials, and devices;
and maintain liaison, as appropriate, with the Secretary of Energy and the Members of the Nuclear Regulatory Commission to ensure the continuity of nuclear
weapons production and the appropriate allocation of
scarce resources, including the recapture of special nuclear materials from Nuclear Regulatory Commission
licensees when appropriate;
(8) Coordinate with the Administrator of the National
Aeronautics and Space Adminstration [sic] and the
Secretary of Energy, as appropriate, to prepare for the
use, maintenance, and development of technologically
advanced aerospace and aeronautical-related systems,
equipment, and methodologies applicable to national
security emergencies;
(9) Develop, in coordination with the Secretaries of
Labor and Homeland Security, the Directors of the Selective Service System, the Office of Personnel Management, and the Federal Emergency Management
Agency, plans and systems to ensure that the Nation’s
human resources are available to meet essential military and civilian needs in national security emergencies;
(10) Develop national security emergency operational
procedures, and coordinate with the Secretary of Housing and Urban Development with respect to residential
property, for the control, acquisition, leasing, assignment and priority of occupancy of real property within
the jurisdiction of the Department of Defense;
(11) Review the priorities and allocations systems developed by other departments and agencies to ensure
that they meet Department of Defense needs in a national security emergency; and develop and maintain
the Department of Defense programs necessary for effective utilization of all priorities and allocations systems;
(12) Develop, in coordination with the Attorney General of the United States, specific procedures by which
military assistance to civilian law enforcement authorities may be requested, considered, and provided;
(13) In cooperation with the Secretary of Commerce
and other departments and agencies, identify those industrial products and facilities that are essential to
mobilization readiness, national defense, or post-attack
survival and recovery;
(14) In cooperation with the Secretary of Commerce
and other Federal departments and agencies, analyze
potential effects of national security emergencies on
actual production capability, taking into account the
entire production complex, including shortages of resources, and develop preparedness measures to
strengthen capabilities for production increases in national security emergencies;
(15) With the assistance of the heads of other Federal
departments and agencies, provide management direc-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

tion for the stockpiling of strategic and critical materials, conduct storage, maintenance, and quality assurance operations for the stockpile of strategic and critical materials, and formulate plans, programs, and reports relating to the stockpiling of strategic and critical materials.[;]
(16) Subject to the direction of the President, and
pursuant to procedures to be developed jointly by the
Secretary of Defense and the Secretary of State, be responsible for the deployment and use of military forces
for the protection of United States citizens and nationals and, in connection therewith, designated other persons or categories of persons, in support of their evacuation from threatened areas overseas.
SEC. 502. Support Responsibilities. The Secretary of Defense shall:
(1) Advise and assist the heads of other Federal departments and agencies in the development of plans
and programs to support national mobilization. This
includes providing, as appropriate:
(a) Military requirements, prioritized and timephased to the extent possible, for selected end-items
and supporting services, materials, and components;
(b) Recommendations for use of financial incentives
and other methods to improve defense production as
provided by law; and
(c) Recommendations for export and import policies;
(2) Advise and assist the Secretary of State and the
heads of other Federal departments and agencies, as appropriate, in planning for the protection, evacuation,
and repatriation of United States citizens in threatened
areas overseas;
(3) Support the Secretary of Housing and Urban Development and the heads of other agencies, as appropriate, in the development of plans to restore community facilities;
(4) Support the Secretary of Energy in international
liaison activities pertaining to nuclear materials facilities;
(5) In consultation with the Secretaries of State and
Commerce, assist the Secretary of the Treasury in the
formulation and execution of economic measures that
affect other nations;
(6) Support the Secretary of State and the heads of
other Federal departments and agencies as appropriate
in the formulation and implementation of foreign policy, and the negotiation of contingency and post-emergency plans, intergovernmental agreements, and arrangements with allies and friendly nations, which affect national security;
(7) Coordinate with the Secretary of Homeland Security the development of plans for mutual civil-military
support during national security emergencies;
(8) Develop plans to support the Secretary of Labor in
providing education and training to overcome shortages of critical skills.
PART 6—DEPARTMENT OF EDUCATION
SEC. 601. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Secretary of Education shall:
(1) Assist school systems in developing their plans to
provide for the earliest possible resumption of activities following national security emergencies;
(2) Develop plans to provide assistance, including efforts to meet shortages of critical educational personnel, to local educational agencies;
(3) Develop plans, in coordination with the Secretary
of Homeland Security, for dissemination of emergency
preparedness instructional material through educational institutions and the media during national security emergencies.
SEC. 602. Support Responsibilities. The Secretary of
Education shall:
(1) Develop plans to support the Secretary of Labor in
providing education and training to overcome shortages of critical skills;
(2) Support the Secretary of Health and Human Services in the development of human services educational
and training materials, including self-help program

§ 5195

materials for use by human service organizations and
professional schools.
PART 7—DEPARTMENT OF ENERGY
SEC. 701. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Secretary of Energy shall:
(1) Conduct national security emergency preparedness planning, including capabilities development, and
administer operational programs for all energy resources, including:
(a) Providing information, in cooperation with Federal, State, and energy industry officials, on energy
supply and demand conditions and on the requirements
for and the availability of materials and services critical to energy supply systems;
(b) In coordination with appropriate departments and
agencies and in consultations with the energy industry,
develop implementation plans and operational systems
for priorities and allocation of all energy resource requirements for national defense and essential civilian
needs to assure national security emergency preparedness;
(c) Developing, in consultation with the Board of Directors of the Tennessee Valley Authority, plans necessary for the integration of its power system into the
national supply system;
(2) Identify energy facilities essential to the mobilization, deployment, and sustainment of resources to
support the national security and national welfare, and
develop energy supply and demand strategies to ensure
continued provision of minimum essential services in
national security emergencies;
(3) In coordination with the Secretary of Defense, ensure continuity of nuclear weapons production consistent with national security requirements;
(4) Assure the security of nuclear materials, nuclear
weapons, or devices in the custody of the Department
of Energy, as well as the security of all other Department of Energy programs and facilities;
(5) In consultation with the Secretaries of State and
Defense and the Secretary of Homeland Security, conduct appropriate international liaison activities pertaining to matters within the jurisdiction of the Department of Energy;
(6) In consultation with the Secretaries of State, Defense, and Homeland Security, the Members of the Nuclear Regulatory Commission, and others, as required,
develop plans and capabilities for identification, analysis, damage assessment, and mitigation of hazards from
nuclear weapons, materials, and devices;
(7) Coordinate with the Secretary of Transportation
in the planning and management of transportation resources involved in the bulk movement of energy;
(8) At the request of or with the concurrence of the
Nuclear Regulatory Commission and in consultation
with the Secretary of Defense, recapture special nuclear materials from Nuclear Regulatory Commission
licensees where necessary to assure the use, preservation, or safeguarding of such material for the common
defense and security;
(9) Develop national security emergency operational
procedures for the control, utilization, acquisition,
leasing, assignment, and priority of occupancy of real
property within the jurisdiction of the Department of
Energy;
(10) Manage all emergency planning and response activities pertaining to Department of Energy nuclear facilities.
SEC. 702. Support Responsibilities. The Secretary of Energy shall:
(1) Provide advice and assistance, in coordination
with appropriate agencies, to Federal, State, and local
officials and private sector organizations to assess the
radiological impact associated with national security
emergencies;
(2) Coordinate with the Secretaries of Defense and the
Interior regarding the operation of hydroelectric
projects to assure maximum energy output;
(3) Support the Secretary of Housing and Urban Development and the heads of other agencies, as appro-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

priate, in the development of plans to restore community facilities;
(4) Coordinate with the Secretary of Agriculture regarding the emergency preparedness of the rural electric supply systems throughout the Nation and the assignment of emergency preparedness responsibilities to
the Rural Electrification Administration.
PART 8—DEPARTMENT OF HEALTH AND HUMAN SERVICES
SEC. 801. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Secretary of Health and Human Services shall:
(1) Develop national plans and programs to mobilize
the health industry and health resources for the provision of health, mental health, and medical services in
national security emergencies;
(2) Promote the development of State and local plans
and programs for provision of health, mental health,
and medical services in national security emergencies;
(3) Develop national plans to set priorities and allocate health, mental health, and medical services’ resources among civilian and military claimants;
(4) Develop health and medical survival information
programs and a nationwide program to train health and
mental health professionals and paraprofessionals in
special knowledge and skills that would be useful in national security emergencies;
(5) Develop programs to reduce or eliminate adverse
health and mental health effects produced by hazardous
agents (biological, chemical, or radiological), and, in
coordination with appropriate Federal agencies, develop programs to minimize property and environmental damage associated with national security emergencies;
(6) Develop guidelines that will assure reasonable and
prudent standards of purity and/or safety in the manufacture and distribution of food, drugs, biological products, medical devices, food additives, and radiological
products in national security emergencies;
(7) Develop national plans for assisting State and
local governments in rehabilitation of persons injured
or disabled during national security emergencies;
(8) Develop plans and procedures to assist State and
local governments in the provision of emergency
human services, including lodging, feeding, clothing,
registration and inquiry, social services, family reunification and mortuary services and interment;
(9) Develop, in coordination with the Secretary of
Education, human services educational and training
materials for use by human service organizations and
professional schools; and develop and distribute, in coordination with the Secretary of Homeland Security,
civil defense information relative to emergency human
services;
(10) Develop plans and procedures, in coordination
with the heads of Federal departments and agencies,
for assistance to United States citizens or others evacuated from overseas areas.
SEC. 802. Support Responsibility. The Secretary of
Health and Human Services shall support the Secretary
of Agriculture in the development of plans related to
national security emergency agricultural health services.
PART 9—DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
SEC. 901. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the Secretary of Housing and Urban Development shall:
(1) Develop plans for provision and management of
housing in national security emergencies, including:
(a) Providing temporary housing using Federal financing and other arrangements;
(b) Providing for radiation protection by encouraging
voluntary construction of shelters and voluntary use of
cost-efficient design and construction techniques to
maximize population protection;
(2) Develop plans, in cooperation with the heads of
other Federal departments and agencies and State and

Page 5484

local governments, to restore community facilities, including electrical power, potable water, and sewage disposal facilities, damaged in national security emergencies.
PART 10—DEPARTMENT OF THE INTERIOR
SEC. 1001. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the
Secretary of the Interior shall:
(1) Develop programs and encourage the exploration,
development, and mining of strategic and critical and
other nonfuel minerals for national security emergency
purposes;
(2) Provide guidance to mining industries in the development of plans and programs to ensure continuity
of production during national security emergencies;
(3) Develop and implement plans for the management, control, allocation, and use of public land under
the jurisdiction of the Department of the Interior in
national security emergencies and coordinate land
emergency planning at the Federal, State, and local
levels.
SEC. 1002. Support Responsibilities. The Secretary of
the Interior shall:
(1) Assist the Secretary of Defense in formulating and
carrying out plans for stockpiling strategic and critical
minerals;
(2) Cooperate with the Secretary of Commerce in the
identification and evaluation of facilities essential for
national security emergencies;
(3) Support the Secretary of Agriculture in planning
for the national security management, production, and
processing of forest products.
PART 11—DEPARTMENT OF JUSTICE
SEC. 1101. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the
Attorney General of the United States shall:
(1) Provide legal advice to the President and the
heads of Federal departments and agencies and their
successors regarding national security emergency powers, plans, and authorities;
(2) Coordinate Federal Government domestic law enforcement activities related to national security emergency preparedness, including Federal law enforcement
liaison with, and assistance to, State and local governments;
(3) Coordinate contingency planning for national security emergency law enforcement activities that are
beyond the capabilities of State and local agencies;
(4) Develop national security emergency plans for
regulation of immigration, regulation of nationals of
enemy countries, and plans to implement laws for the
control of persons entering or leaving the United
States;
(5) Develop plans and procedures for the custody and
protection of prisoners and the use of Federal penal and
correctional institutions and resources during national
security emergencies;
(6) Provide information and assistance to the Federal
Judicial branch and the Federal Legislative branch
concerning law enforcement, continuity of government,
and the exercise of legal authority during national security emergencies;
(7) Develop intergovernmental and interagency law
enforcement plans and counterterrorism programs to
interdict and respond to terrorism incidents in the
United States that may result in a national security
emergency or that occur during such an emergency;
(8) Develop intergovernmental and interagency law
enforcement plans to respond to civil disturbances that
may result in a national security emergency or that
occur during such an emergency.
SEC. 1102. Support Responsibilities. The Attorney General of the United States shall:
(1) Assist the heads of Federal departments and agencies, State and local governments, and the private sector in the development of plans to physically protect
essential resources and facilities;

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(2) Support the Secretaries of State and the Treasury
in plans for the protection of international organizations and foreign diplomatic, consular, and other official personnel, property, and other assets within the jurisdiction of the United States;
(3) Support the Secretary of the Treasury in developing plans to control the movement of property entering
and leaving the United States;
(4) Support the heads of other Federal departments
and agencies and State and local governments in developing programs and plans for identifying fatalities and
reuniting families in national security emergencies;
(5) Support the intelligence community in the planning of its counterintelligence and counterterrorism
programs.
PART 12—DEPARTMENT OF LABOR
SEC. 1201. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the
Secretary of Labor shall:
(1) Develop plans and issue guidance to ensure effective use of civilian workforce resources during national
security emergencies. Such plans shall include, but not
necessarily be limited to:
(a) Priorities and allocations, recruitment, referral,
training, employment stabilization including appeals
procedures, use assessment, and determination of critical skill categories; and
(b) Programs for increasing the availability of critical workforce skills and occupations;
(2) In consultation with the Secretary of the Treasury, develop plans and procedures for wage, salary, and
benefit costs stabilization during national security
emergencies;
(3) Develop plans and procedures for protecting and
providing incentives for the civilian labor force during
national security emergencies;
(4) In consultation with other appropriate government agencies and private entities, develop plans and
procedures for effective labor-management relations
during national security emergencies.
SEC. 1202. Support Responsibilities. The Secretary of
Labor shall:
(1) Support planning by the Secretary of Defense and
the private sector for the provision of human resources
to critical defense industries during national security
emergencies;
(2) Support planning by the Secretary of Defense and
the Director of Selective Service for the institution of
conscription in national security emergencies.
PART 13—DEPARTMENT OF STATE
SEC. 1301. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the
Secretary of State shall:
(1) Provide overall foreign policy coordination in the
formulation and execution of continuity of government
and other national security emergency preparedness
activities that affect foreign relations;
(2) Prepare to carry out Department of State responsibilities in the conduct of the foreign relations of the
United States during national security emergencies,
under the direction of the President and in consultation with the heads of other appropriate Federal departments and agencies, including, but not limited to:
(a) Formulation and implementation of foreign policy
and negotiation regarding contingency and post-emergency plans, intergovernmental agreements, and arrangements with United States’ allies;
(b) Formulation, negotiation, and execution of policy
affecting the relationships of the United States with
neutral states;
(c) Formulation and execution of political strategy
toward hostile or enemy states;
(d) Conduct of mutual assistance activities;
(e) Provision of foreign assistance, including continuous supervision and general direction of authorized economic and military assistance programs;
(f) Protection or evacuation of United States citizens
and nationals abroad and safeguarding their property

§ 5195

abroad, in consultation with the Secretaries of Defense
and Health and Human Services;
(g) Protection of international organizations and foreign diplomatic, consular, and other official personnel
and property, or other assets, in the United States, in
coordination with the Attorney General and the Secretary of the Treasury;
(h) Formulation of policies and provisions for assistance to displaced persons and refugees abroad;
(i) Maintenance of diplomatic and consular representation abroad; and
(j) Reporting of and advising on conditions overseas
that bear upon national security emergencies.
SEC. 1302. Support Responsibilities. The Secretary of
State shall:
(1) Assist appropriate agencies in developing planning
assumptions concerning accessibility of foreign sources
of supply;
(2) Support the Secretary of the Treasury, in consultation, as appropriate, with the Secretaries of Commerce and Defense, in the formulation and execution of
economic measures with respect to other nations;
(3) Support the Secretary of Energy in international
liaison activities pertaining to nuclear materials facilities;
(4) Support the Secretary of Homeland Security in
the coordination and integration of United States policy regarding the formulation and implementation of
civil emergency resources and preparedness planning;
(5) Assist the Attorney General of the United States
in the formulation of national security emergency
plans for the control of persons entering or leaving the
United States.
PART 14—DEPARTMENT OF TRANSPORTATION
SEC. 1401. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the
Secretary of Transportation shall:
(1) Develop plans to promulgate and manage overall
national policies, programs, procedures, and systems to
meet essential civil and military transportation needs
in national security emergencies;
(2) Be prepared to provide direction to all modes of
civil transportation in national security emergencies,
including air, surface, water, pipelines, and public storage and warehousing, to the extent such responsibility
is vested in the Secretary of Transportation. This direction may include:
(a) Implementation of priorities for all transportation resource requirements for service, equipment,
facilities, and systems;
(b) Allocation of transportation resource capacity;
and
(c) Emergency management and control of civil
transportation resources and systems, including privately owned automobiles, urban mass transit, intermodal transportation systems, the National Railroad
Passenger Corporation and the St. Lawrence Seaway
Development Corporation;
(3) Develop plans to provide for the smooth transition
of the Coast Guard as a service to the Department of
the Navy during national security emergencies. These
plans shall be compatible with the Department of Defense planning systems, especially in the areas of port
security and military readiness;
(4) In coordination with the Secretary of State and
the Secretary of Homeland Security, represent the
United States in transportation-related international
(including NATO and allied) civil emergency preparedness planning and related activities;
(5) Coordinate with State and local highway agencies
in the management of all Federal, State, city, local,
and other highways, roads, streets, bridges, tunnels,
and publicly owned highway maintenance equipment to
assure efficient and safe use of road space during national security emergencies;
(6) Develop plans and procedures in consultation with
appropriate agency officials for maritime and port safety, law enforcement, and security over, upon, and
under the high seas and waters subject to the jurisdic-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

tion of the United States to assure operational readiness for national security emergency functions;
(7) Develop plans for the emergency operation of U.S.
ports and facilities, use of shipping resources (U.S. and
others), provision of government war risks insurance,
and emergency construction of merchant ships for military and civil use;
(8) Develop plans for emergency management and
control of the National Airspace System, including provision of war risk insurance and for transfer of the Federal Aviation Administration, in the event of war, to
the Department of Defense;
(9) Coordinate the Interstate Commerce Commission’s development of plans and preparedness programs
for the reduction of vulnerability, maintenance, restoration, and operation of privately owned railroads,
motor carriers, inland waterway transportation systems, and public storage facilities and services in national security emergencies.
SEC. 1402. Support Responsibility. The Secretary of
Transportation shall coordinate with the Secretary of
Energy in the planning and management of transportation resources involved in the bulk movement of energy materials.
PART 15—DEPARTMENT OF THE TREASURY
SEC. 1501. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the
Secretary of the Treasury shall:
(1) Develop plans to maintain stable economic conditions and a market economy during national security
emergencies; emphasize measures to minimize inflation
and disruptions; and, minimize reliance on direct controls of the monetary, credit, and financial systems.
These plans will include provisions for:
(a) Increasing capabilities to minimize economic dislocations by carrying out appropriate fiscal, monetary,
and regulatory policies and reducing susceptibility to
manipulated economic pressures;
(b) Providing the Federal Government with efficient
and equitable financing sources and payment mechanisms;
(c) Providing fiscal authorities with adequate legal
authority to meet resource requirements;
(d) Developing, in consultation with the Board of
Governors of the Federal Reserve System, and in cooperation with the Board of Directors of the Federal
Deposit Insurance Corporation, the Federal Home Loan
Bank Board, the National Credit Union Administration
Board, the Farm Credit Administration Board and
other financial institutions, plans for the continued or
resumed operation and liquidity of banks, savings and
loans, credit unions, and farm credit institutions,
measures for the reestablishment of evidence of assets
or liabilities, and provisions for currency withdrawals
and deposit insurance;
(2) Provide for the protection of United States financial resources including currency and coin production
and redemption facilities, Federal check disbursement
facilities, and precious monetary metals;
(3) Provide for the preservation of, and facilitate
emergency operations of, public and private financial
institution systems, and provide for their restoration
during or after national security emergencies;
(4) Provide, in coordination with the Secretary of
State, for participation in bilateral and multilateral financial arrangements with foreign governments;
(5) Maintain the Federal Government accounting and
financial reporting system in national security emergencies;
(6) Develop plans to protect the President, the Vice
President, other officers in the order of presidential
succession, and other persons designated by the President;
(7) Develop plans for restoration of the economy following an attack; for the development of emergency
monetary, credit, and Federal benefit payment programs of those Federal departments and agencies that
have responsibilities dependent on the policies or capabilities of the Department of the Treasury; and for the

Page 5486

implementation of national policy on sharing war
losses;
(8) Develop plans for initiating tax changes, waiving
regulations, and, in conjunction with the Secretary of
Commerce or other guaranteeing agency, granting or
guaranteeing loans for the expansion of industrial capacity, the development of technological processes, or
the production or acquisition of essential materials;
(9) Develop plans, in coordination with the heads of
other appropriate Federal departments and agencies, to
acquire emergency imports, make foreign barter arrangements, or otherwise provide for essential material
from foreign sources using, as appropriate, the resources of the Export-Import Bank or resources available to the Bank;
(10) Develop plans for encouraging capital inflow and
discouraging the flight of capital from the United
States and, in coordination with the Secretary of
State, for the seizure and administration of assets of
enemy aliens during national security emergencies;
(11) Develop plans, in consultation with the heads of
approporiate Federal departments and agencies, to regulate financial and commercial transactions with other
countries;
(12) Develop plans, in coordination with the Secretary
of Commerce and the Attorney General of the United
States, to control the movement of property entering
or leaving the United States;
(13) Cooperate and consult with the Chairman of the
Securities and Exchange Commission, the Chairman of
the Federal Reserve Board, the Chairman of the Commodities Futures Trading Commission in the development of emergency financial control plans and regulations for trading of stocks and commodities, and in the
development of plans for the maintenance and restoration of stable and orderly markets;
(14) Develop plans, in coordination with the Secretary
of State, for the formulation and execution of economic
measures with respect to other nations in national security emergencies.
SEC. 1502. Support Responsibilities. The Secretary of
the Treasury shall:
(1) Cooperate with the Attorney General of the
United States on law enforcement activities, including
the control of people entering and leaving the United
States;
(2) Support the Secretary of Labor in developing
plans and procedures for wage, salary, and benefit costs
stabilization;
(3) Support the Secretary of State in plans for the
protection of international organizations and foreign
diplomatic, consular, and other official personnel and
property or other assets in the United States.
PART 16—ENVIRONMENTAL PROTECTION AGENCY
SEC. 1601. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the
Administrator of the Environmental Protection Agency shall:
(1) Develop Federal plans and foster development of
State and local plans designed to prevent or minimize
the ecological impact of hazardous agents (biological,
chemical, or radiological) introduced into the environment in national security emergencies;
(2) Develop, for national security emergencies, guidance on acceptable emergency levels of nuclear radiation, assist in determining acceptable emergency levels of biological agents, and help to provide detection
and identification of chemical agents;
(3) Develop, in coordination with the Secretary of Defense, plans to assure the provision of potable water
supplies to meet community needs under national security emergency conditions, including claimancy for
materials and equipment for public water systems.
SEC. 1602. Support Responsibilities. The Administrator
of the Environmental Protection Agency shall:
(1) Assist the heads of other Federal agencies that are
responsible for developing plans for the detection, reporting, assessment, protection against, and reduction
of effects of hazardous agents introduced into the environment;

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(2) Advise the heads of Federal departments and agencies regarding procedures for assuring compliance with
environmental restrictions and for expeditious review
of requests for essential waivers.
PART 17—DEPARTMENT OF HOMELAND SECURITY
SEC. 1701. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the
Secretary of Homeland Security shall:
(1) Coordinate and support the initiation, development, and implementation of national security emergency preparedness programs and plans among Federal
departments and agencies;
(2) Coordinate the development and implementation
of plans for the operation and continuity of essential
domestic emergency functions of the Federal Government during national security emergencies;
(3) Coordinate the development of plans, in cooperation with the Secretary of Defense, for mutual civilmilitary support during national security emergencies;
(4) Guide and assist State and local governments and
private sector organizations in achieving preparedness
for national security emergencies, including development of plans and procedures for assuring continuity of
government, and support planning for prompt and coordinated Federal assistance to States and localities in
responding to national security emergencies;
(5) Provide the President a periodic assessment of
Federal, State, and local capabilities to respond to national security emergencies;
(6) Coordinate the implementation of policies and
programs for efficient mobilization of Federal, State,
local, and private sector resources in response to national security emergencies;
(7) Develop and coordinate with all appropriate agencies civil defense programs to enhance Federal, State,
local, and private sector capabilities for national security emergency crisis management, population protection, and recovery in the event of an attack on the
United States;
(8) Develop and support public information, education
and training programs to assist Federal, State, and
local government and private sector entities in planning for and implementing national security emergency preparedness programs;
(9) Coordinate among the heads of Federal, State, and
local agencies the planning, conduct, and evaluation of
national security emergency exercises;
(10) With the assistance of the heads of other appropriate Federal departments and agencies, develop and
maintain capabilities to assess actual attack damage
and residual recovery capabilities as well as capabilities to estimate the effects of potential attacks on the
Nation;
(11) Provide guidance to the heads of Federal departments and agencies on the appropriate use of defense
production authorities, including resource claimancy,
in order to improve the capability of industry and infrastructure systems to meet national security emergency needs;
(12) Assist the Secretary of State in coordinating the
formulation and implementation of United States policy for NATO and other allied civil emergency planning, including the provision of:
(a) advice and assistance to the departments and
agencies in alliance civil emergency planning matters;
(b) support to the United States Mission to NATO in
the conduct of day-to-day civil emergency planning activities; and
(c) support facilities for NATO Civil Wartime Agencies in cooperation with the Departments of Agriculture, Commerce, Energy, State, and Transportation.
SEC. 1702. Support Responsibilities. The Secretary of
Homeland Security shall:
(1) Support the heads of other Federal departments
and agencies in preparing plans and programs to discharge their national security emergency preparedness
responsibilities, including, but not limited to, such programs as mobilization preparedness, continuity of government planning, and continuance of industry and infrastructure functions essential to national security;

§ 5195

(2) Support the Secretary of Energy, the Secretary of
Defense, and the Members of the Nuclear Regulatory
Commission in developing plans and capabilities for
identifying, analyzing, mitigating, and responding to
emergencies related to nuclear weapons, materials, and
devices, including mobile and fixed nuclear facilities,
by providing, inter alia, off-site coordination;
(3) Support the Administrator of General Services in
efforts to promote a government-wide program with respect to Federal buildings and installations to minimize the effects of attack and establish shelter management organizations.
PART 18—GENERAL SERVICES ADMINISTRATION
SEC. 1801. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the
Administrator of General Services shall:
(1) Develop national security emergency plans and
procedures for the operation, maintenance, and protection of federally owned and occupied buildings managed
by the General Services Administration, and for the
construction, alteration, and repair of such buildings;
(2) Develop national security emergency operating
procedures for the control, acquisition, leasing, assignment, and priority of occupancy of real property by the
Federal Government, and by State and local governments acting as agents of the Federal Government, except for the military facilities and facilities with special nuclear materials within the jurisdiction of the
Departments of Defense and Energy;
(3) Develop national security emergency operational
plans and procedures for the use of public utility services (other than telecommunications services) by Federal departments and agencies, except for Department
of Energy-operated facilities;
(4) Develop plans and operating procedures of government-wide supply programs to meet the requirements
of Federal departments and agencies during national
security emergencies;
(5) Develop plans and operating procedures for the
use, in national security emergencies, of excess and
surplus real and personal property by Federal, State,
and local governmental entities;
(6) Develop plans, in coordination with the Secretary
of Homeland Security, with respect to Federal buildings and installations, to minimize the effects of attack and establish shelter management organizations;
SEC. 1802. Support Responsibility. The Administrator of
General Services shall develop plans to assist Federal
departments and agencies in operation and maintenance of essential automated information processing
facilities during national security emergencies:[.]
PART 19—NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION
SEC. 1901. Lead Responsibility. In addition to the applicable responsibilities covered in Parts 1 and 2, the Administrator of the National Aeronautics and Space Administration shall coordinate with the Secretary of Defense to prepare for the use, maintenance, and development of technologically advanced aerospace and aeronautical-related systems, equipment, and methodologies applicable to national security emergencies.
PART 20—NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
SEC. 2001. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the
Archivist of the United States shall:
(1) Develop procedures for publication during national security emergencies of the Federal Register for
as broad public dissemination as is practicable of presidential proclamations and Executive orders, Federal
administrative regulations, Federal emergency notices
and actions, and Acts of Congress;
(2) Develop emergency procedures for providing instructions and advice on the handling and preservation
of records critical to the operation of the Federal Government in national security emergencies.

§ 5195

TITLE 42—THE PUBLIC HEALTH AND WELFARE

PART 21—NUCLEAR REGULATORY COMMISSION
SEC. 2101. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the
Members of the Nuclear Regulatory Commission shall:
(1) Promote the development and maintenance of national security emergency preparedness programs
through security and safeguards programs by licensed
facilities and activities;
(2) Develop plans to suspend any licenses granted by
the Commission; to order the operations of any facility
licensed under Section 103 or 104; Atomic Energy Act of
1954, as amended (42 U.S.C. 2133 or 2134); to order the
entry into any plant or facility in order to recapture
special nuclear material as determined under Subsection (3) below; and operate such facilities;
(3) Recapture or authorize recapture of special nuclear materials from licensees where necessary to assure the use, preservation, or safeguarding of such materials for the common defense and security, as determined by the Commission or as requested by the Secretary of Energy.
SEC. 2102. Support Responsibilities. The Members of the
Nuclear Regulatory Commission shall:
(1) Assist the Secretary of Energy in assessing damage to Commission-licensed facilities, identifying useable facilities, and estimating the time and actions
necessary to restart inoperative facilities;
(2) Provide advice and technical assistance to Federal, State, and local officials and private sector organizations regarding radiation hazards and protective
actions in national security emergencies.
PART 22—OFFICE OF PERSONNEL MANAGEMENT
SEC. 2201. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the
Director of the Office of Personnel Management shall:
(1) Prepare plans to administer the Federal civilian
personnel system in national security emergencies, including plans and procedures for the rapid mobilization
and reduction of an emergency Federal workforce;
(2) Develop national security emergency work force
policies for Federal civilian personnel;
(3) Develop plans to accommodate the surge of Federal personnel security background and pre-employment investigations during national security emergencies.
SEC. 2202. Support Responsibilities. The Director of the
Office of Personnel Management shall:
(1) Assist the heads of other Federal departments and
agencies with personnel management and staffing in
national security emergencies, including facilitating
transfers between agencies of employees with critical
skills;
(2) In consultation with the Secretary of Defense and
the Director of Selective Service, develop plans and
procedures for a system to control any conscription of
Federal civilian employees during national security
emergencies.
PART 23—SELECTIVE SERVICE SYSTEM
SEC. 2301. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the
Director of Selective Service shall:
(1) Develop plans to provide by induction, as authorized by law, personnel that would be required by the
armed forces during national security emergencies;
(2) Develop plans for implementing an alternative
service program.
PART 24—TENNESSEE VALLEY AUTHORITY
SEC. 2401. Lead Responsibility. In addition to the applicable responsibilities covered in Parts 1 and 2, the
Board of Directors of the Tennessee Valley Authority
shall develop plans and maintain river control operations for the prevention or control of floods affecting
the Tennessee River System during national security
emergencies.
SEC. 2402. Support Responsibilities. The Board of Directors of the Tennessee Valley Authority shall:

Page 5488

(1) Assist the Secretary of Energy in the development
of plans for the integration of the Tennessee Valley Authority power system into nationwide national security
emergency programs;
(2) Assist the Secretaries of Defense, Interior, and
Transportation and the Chairman of the Interstate
Commerce Commission in the development of plans for
operation and maintenance of inland waterway transportation in the Tennessee River System during national security emergencies.
PART 25—UNITED STATES INFORMATION AGENCY
SEC. 2501. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the
Director of the United States Information Agency
shall:
(1) Plan for the implementation of information programs to promote an understanding abroad of the
status of national security emergencies within the
United States;
(2) In coordination with the Secretary of State’s exercise of telecommunications functions affecting United
States diplomatic missions and consular offices overseas, maintain the capability to provide television and
simultaneous direct radio broadcasting in major languages to all areas of the world, and the capability to
provide wireless file to all United States embassies during national security emergencies.
SEC. 2502. Support Responsibility. The Director of the
United States Information Agency shall assist the
heads of other Federal departments and agencies in
planning for the use of media resources and foreign
public information programs during national security
emergencies.
PART 26—UNITED STATES POSTAL SERVICE
SEC. 2601. Lead Responsibility. In addition to the applicable responsibilities covered in Parts 1 and 2, the Postmaster General shall prepare plans and programs to
provide essential postal services during national security emergencies.
SEC. 2602. Support Responsibilities. The Postmaster
General shall:
(1) Develop plans to assist the Attorney General of
the United States in the registration of nationals of
enemy countries residing in the United States;
(2) Develop plans to assist the Secretary of Health
and Human Services in registering displaced persons
and families;
(3) Develop plans to assist the heads of other Federal
departments and agencies in locating and leasing privately owned property for Federal use during national
security emergencies.
PART 27—VETERANS’ ADMINISTRATION
SEC. 2701. Lead Responsibilities. In addition to the applicable responsibilities covered in Parts 1 and 2, the
Administrator of Veterans’ Affairs [now Secretary of
Veterans Affairs] shall:
(1) Develop plans for provision of emergency health
care services to veteran beneficiaries in Veterans’ Administration [now Department of Veterans Affairs]
medical facilities, to active duty military personnel
and, as resources permit, to civilians in communities
affected by national security emergencies;
(2) Develop plans for mortuary services for eligible
veterans, and advise on methods for interment of the
dead during national security emergencies.
SEC. 2702. Support Responsibilities. The Administrator
of Veterans’ Affairs [now Secretary of Veterans Affairs]
shall:
(1) Assist the Secretary of Health and Human Services in promoting the development of State and local
plans for the provision of medical services in national
security emergencies, and develop appropriate plans to
support such State and local plans;
(2) Assist the Secretary of Health and Human Services in developing national plans to mobilize the health
care industry and medical resources during national security emergencies;

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(3) Assist the Secretary of Health and Human Services in developing national plans to set priorities and
allocate medical resources among civilian and military
claimants.
PART 28—OFFICE OF MANAGEMENT AND BUDGET
SEC. 2801. In addition to the applicable responsibilities covered in Parts 1 and 2, the Director of the Office
of Management and Budget shall prepare plans and programs to maintain its functions during national security emergencies. In connection with these functions,
the Director of the Office of Management and Budget
shall:
(1) Develop plans to ensure the preparation, clearance, and coordination of proposed Executive orders
and proclamations;
(2) Prepare plans to ensure the preparation, supervision, and control of the budget and the formulation of
the fiscal program of the Government;
(3) Develop plans to coordinate and communicate Executive branch views to the Congress regarding legislation and testimony by Executive branch officials;
(4) Develop plans for keeping the President informed
of the activities of government agencies, continuing
the Office of Management and Budget’s management
functions, and maintaining presidential supervision
and direction with respect to legislation and regulations in national security emergencies.
PART 29—GENERAL
SEC. 2901. Executive Order Nos. 10421 and 11490, as
amended, are hereby revoked. This Order shall be effective immediately.
[Responsibilities assigned to specific Federal officials
pursuant to Ex. Ord. No. 12656, set out above, that are
substantially the same as any responsibility assigned
to, or function transferred to, the Secretary of Homeland Security pursuant to the Homeland Security Act
of 2002, 6 U.S.C. 101 et seq., or intended or required to
be carried out by an agency or an agency component
transferred to the Department of Homeland Security
pursuant to such Act, reassigned to the Secretary of
Homeland Security by section 42 of Ex. Ord. No. 13286,
Feb. 28, 2003, 68 F.R. 10626, set out as a note under section 111 of Title 6, Domestic Security.]
[For abolition of United States Information Agency
(other than Broadcasting Board of Governors and International Broadcasting Bureau), transfer of functions,
and treatment of references thereto, see sections 6531,
6532, and 6551 of Title 22, Foreign Relations and Intercourse.]
[Ex. Ord. No. 13286, § 42, which directed amendment of
Ex. Ord. No. 12656, set out above, by substituting ‘‘the
Secretary of Homeland Security’’ for ‘‘the Director of
the Federal Emergency Management Agency’’ in section ‘‘1801(b)’’, was executed by making the substitution in section 1801(6).]
EX. ORD. NO. 12657. DEPARTMENT OF HOMELAND SECURITY ASSISTANCE IN EMERGENCY PREPAREDNESS PLANNING AT COMMERCIAL NUCLEAR POWER PLANTS
Ex. Ord. No. 12657, Nov. 18, 1988, 53 F.R. 47513, as
amended by Ex. Ord. No. 13286, § 41, Feb. 28, 2003, 68 F.R.
10626, provided:
By the authority vested in me as President by the
Constitution and laws of the United States of America,
including the Federal Civil Defense Act of 1950, as
amended (50 U.S.C. App. 2251 et seq.), the Disaster Relief
Act of 1974, as amended (42 U.S.C. 5121 et seq.), the
Atomic Energy Act of 1954, as amended (42 U.S.C. 2011
et seq.), Reorganization Plan No. 1 of 1958 [set out
above], Reorganization Plan No. 1 of 1973 [set out
above], and Section 301 of Title 3 of the United States
Code, and in order to ensure that plans and procedures
are in place to respond to radiological emergencies at
commercial nuclear power plants in operation or under
construction, it is hereby ordered as follows:
SECTION 1. Scope. (a) This Order applies whenever
State or local governments, either individually or to-

§ 5195

gether, decline or fail to prepare commercial nuclear
power plant radiological emergency preparedness plans
that are sufficient to satisfy Nuclear Regulatory Commission (‘‘NRC’’) licensing requirements or to participate adequately in the preparation, demonstration,
testing, exercise, or use of such plans.
(b) In order to request the assistance of the Department of Homeland Security (‘‘DHS’’) provided for in
this Order, an affected nuclear power plant applicant or
licensee (‘‘licensee’’) shall certify in writing to DHS
that the situation described in Subsection (a) exists.
SEC. 2. Generally Applicable Principles and Directives.
(a) Subject to the principles articulated in this Section,
the Secretary of Homeland Security is hereby authorized and directed to take the actions specified in Sections 3 through 6 of this Order.
(b) In carrying out any of its responsibilities under
this Order, DHS:
(1) shall work actively with the licensee, and, before
relying upon its resources or those of any other Department or agency within the Executive branch, shall
make maximum feasible use of the licensee’s resources;
(2) shall take care not to supplant State and local resources. DHS shall substitute its own resources for
those of the State and local governments only to the
extent necessary to compensate for the nonparticipation or inadequate participation of those governments,
and only as a last resort after appropriate consultation
with the Governors and responsible local officials in
the affected area regarding State and local participation;
(3) is authorized, to the extent permitted by law, to
enter into interagency Memoranda of Understanding
providing for utilization of the resources of other Executive branch Departments and agencies and for delegation to other Executive branch Departments and agencies of any of the functions and duties assigned to DHS
under this Order; however, any such Memorandum of
Understanding shall be subject to approval by the Director of the Office of Management and Budget
(‘‘OMB’’) and published in final form in the Federal
Register; and
(4) shall assume for purposes of Sections 3 and 4 of
this Order that, in the event of an actual radiological
emergency or disaster, State and local authorities
would contribute their full resources and exercise their
authorities in accordance with their duties to protect
the public from harm and would act generally in conformity with the licensee’s radiological emergency preparedness plan.
(c) The Director of OMB shall resolve any issue concerning the obligation of Federal funds arising from
the implementation of this Order. In resolving issues
under this Subsection, the Director of OMB shall ensure:
(1) that DHS has utilized to the maximum extent possible the resources of the licensee and State and local
governments before it relies upon its appropriated and
lawfully available resources or those of any Department or agency in the Executive branch;
(2) that DHS shall use its existing resources to coordinate and manage, rather than duplicate, other available resources;
(3) that implementation of this Order is accomplished
with an economy of resources; and
(4) that full reimbursement to the Federal Government is provided, to the extent permitted by law.
SEC. 3. DHS Participation in Emergency Preparedness
Planning. (a) DHS assistance in emergency preparedness planning shall include advice, technical assistance, and arrangements for facilities and resources as
needed to satisfy the emergency planning requirements
under the Atomic Energy Act of 1954, as amended [42
U.S.C. 2011 et seq.], and any other Federal legislation or
regulations pertaining to issuance or retention of a
construction permit or an operating license for a nuclear power plant.
(b) DHS shall make all necessary plans and arrangements to ensure that the Federal Government is prepared to assume any and all functions and undertak-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

ings necessary to provide adequate protection to the
public in cases within the scope of this Order. In making such plans and arrangements,
(1) DHS shall focus planning of Federal response activities to ensure that:
(A) adequate resources and arrangements will exist,
as of the time when an initial response is needed, given
the absence or inadequacy of advance State and local
commitments; and
(B) attention has been given to coordinating (including turning over) response functions when State and
local governments do exercise their authority, with
specific attention to the areas where prior State and
local participation has been insufficient or absent;
(2) FEMA’s [DHS’s] planning for Federal participation in responding to a radiological emergency within
the scope of this Order shall include, but not be limited
to, arrangements for using existing Federal resources
to provide prompt notification of the emergency to the
general public; to assist in any necessary evacuation;
to provide reception centers or shelters and related facilities and services for evacuees; to provide emergency
medical services at Federal hospitals, including those
operated by the military services and by the Veterans’
Administration [now Department of Veterans Affairs];
and to ensure the creation and maintenance of channels of communication from commercial nuclear power
plant licensees or applicants to State and local governments and to surrounding members of the public.
SEC. 4. Evaluation of Plans. (a) DHS shall consider and
evaluate all plans developed under the authority of this
Order as though drafted and submitted by a State or
local government.
(b) DHS shall take all actions necessary to carry out
the evaluation referred to in the preceding Subsection
and to permit the NRC to conduct its evaluation of radiological emergency preparedness plans including, but
not limited to, planning, participating in, and evaluating exercises, drills, and tests, on a timely basis, as
necessary to satisfy NRC requirements for demonstrations of off-site radiological emergency preparedness.
SEC. 5. Response to a Radiological Emergency. (a) In the
event of an actual radiological emergency or disaster,
DHS shall take all steps necessary to ensure the implementation of the plans developed under this Order and
shall coordinate the actions of other Federal agencies
to achieve the maximum effectiveness of Federal efforts in responding to the emergency.
(b) DHS shall coordinate Federal response activities
to ensure that adequate resources are directed, when an
initial response is needed, to activities hindered by the
absence or inadequacy of advance State and local commitments. DHS shall also coordinate with State and
local governmental authorities and turn over response
functions as appropriate when State and local governments do exercise their authority.
(c) DHS shall assume any necessary command-andcontrol function, or delegate such function to another
Federal agency, in the event that no competent State
and local authority is available to perform such function.
(d) In any instance in which Federal personnel may
be called upon to fill a command-and-control function
during a radiological emergency, in addition to any
other powers it may have, DHS or its designee is authorized to accept volunteer assistance from utility
employees and other nongovernmental personnel for
any purpose necessary to implement the emergency response plan and facilitate off-site emergency response.
SEC. 6. Implementation of Order. (a) DHS shall issue interim and final directives and procedures implementing
this Order as expeditiously as is feasible and in any
event shall issue interim directives and procedures not
more than 90 days following the effective date of this
Order and shall issue final directives and procedures
not more than 180 days following the effective date of
this Order.
(b) Immediately upon the effective date of this Order,
DHS shall review, and initiate necessary revisions of,
all DHS regulations, directives, and guidance to conform them to the terms and policies of this Order.

Page 5490

(c) Immediately upon the effective date of this Order,
DHS shall review, and initiate necessary renegotiations
of, all interagency agreements to which DHS is a party,
so as to conform them to the terms and policies of this
Order. This directive shall include, but not be limited
to, the Federal Radiological Emergency Response Plan
(50 Fed. Reg. 46542 (November 8, 1985)).
(d) To the extent permitted by law, DHS is directed
to obtain full reimbursement, either jointly or severally, for services performed by DHS or other Federal
agencies pursuant to this Order from any affected licensee and from any affected nonparticipating or inadequately participating State or local government.
SEC. 7. Amendments. This Executive Order amends Executive Order Nos. 11490 (34 Fed. Reg. 17567 (October 28,
1969)) [see note above], 12148 (44 Fed. Reg. 43239 (July 20,
1979)) [set out above], and 12241 (45 Fed. Reg. 64879 (September 29, 1980)), and the same are hereby superseded to
the extent that they are inconsistent with this Order.
SEC. 8. Judicial Review. This Order is intended only to
improve the internal management of the Executive
branch, and is not intended to create any right or benefit, substantive or procedural, enforceable at law by a
party against the United States, its agencies, its officers, or any person.
SEC. 9. Effective Date. This Order shall be effective November 18, 1988.
EX. ORD. NO. 12673. DELEGATION OF DISASTER RELIEF
AND EMERGENCY ASSISTANCE FUNCTIONS
Ex. Ord. No. 12673, Mar. 23, 1989, 54 F.R. 12571, provided:
By virtue of the authority vested in me as President
by the Constitution and laws of the United States of
America, including the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42
U.S.C. 5121 et seq.), and in order to conform delegations
of authority to recent legislation, it is hereby ordered
as follows:
SECTION 1. Section 4–203 of Executive Order No. 12148
[set out above] is amended to read:
Section 4–203. The functions vested in the President
by the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. 5121 et
seq.), except those functions vested in the President by
Section 401 (relating to the declaration of major disasters and emergencies), Section 501 (relating to the declaration of emergencies), Section 405 (relating to the
repair, reconstruction, restoration, or replacement of
Federal facilities), and Section 412 (relating to food
coupons [benefits] and distribution), are hereby delegated to the Director of the Federal Emergency Management Agency.
SEC. 2. Section 3 of Executive Order No. 11795 [42
U.S.C. 5121 note] is amended by removing the words
‘‘Section 409’’ and inserting ‘‘Section 412’’ in place
thereof.
SEC. 3. The functions vested in the President by Section 103(e)(2) of the Disaster Relief and Emergency Assistance Amendments of 1988, Public Law 100–707 [42
U.S.C. 5122 note] (relating to the transmission of a report to the Committee on Public Works and Transportation of the House of Representatives and to the Committee on Environment and Public Works of the Senate), are hereby delegated to the Director of the Federal Emergency Management Agency.
SEC. 4. The functions vested in the President by Section 110 of the Disaster Relief and Emergency Assistance Amendments of 1988, Public Law 100–707 [42 U.S.C.
5121 note], are hereby delegated to the Director of the
Federal Emergency Management Agency.
SEC. 5. The functions vested in the President by Section 113 of the Disaster Relief and Emergency Assistance Amendments of 1988, Public Law 100–707 [42 U.S.C.
5201 note], are hereby delegated to the Director of the
Federal Emergency Management Agency.
SEC. 6. The amendments to Executive Order No. 12148
that are made by Section 1 of this Executive Order
shall not affect the administration of any assistance
for major disasters or emergencies declared by the

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President before the effective date of ‘‘The Disaster Relief and Emergency Assistance Amendments of 1988
[probably means date of enactment of Pub. L. 100–707,
which was approved Nov. 23, 1988].’’
GEORGE BUSH.
EX. ORD. NO. 13010. CRITICAL INFRASTRUCTURE
PROTECTION
Ex. Ord. No. 13010, July 15, 1996, 61 F.R. 37347, as
amended by Ex. Ord. No. 13025, Nov. 13, 1996, 61 F.R.
58623; Ex. Ord. No. 13041, Apr. 3, 1997, 62 F.R. 17039; Ex.
Ord. No. 13064, Oct. 11, 1997, 62 F.R. 53711; Ex. Ord. No.
13077, Mar. 10, 1998, 63 F.R. 12381; Ex. Ord. No. 13138,
§ 3(c), Sept. 30, 1999, 64 F.R. 53880, provided:
Certain national infrastructures are so vital that
their incapacity or destruction would have a debilitating impact on the defense or economic security of the
United States. These critical infrastructures include
telecommunications, electrical power systems, gas and
oil storage and transportation, banking and finance,
transportation, water supply systems, emergency services (including medical, police, fire, and rescue), and
continuity of government. Threats to these critical infrastructures fall into two categories: physical threats
to tangible property (‘‘physical threats’’), and threats
of electronic, radio-frequency, or computer-based attacks on the information or communications components that control critical infrastructures (‘‘cyber
threats’’). Because many of these critical infrastructures are owned and operated by the private sector, it
is essential that the government and private sector
work together to develop a strategy for protecting
them and assuring their continued operation.
NOW, THEREFORE, by the authority vested in me as
President by the Constitution and the laws of the
United States of America, it is hereby ordered as follows:
SECTION 1. Establishment. There is hereby established
the President’s Commission on Critical Infrastructure
Protection (‘‘Commission’’).
(a) Chair. A qualified individual from outside the Federal Government shall be designated by the President
from among the members to serve as Chair of the Commission. The Commission Chair shall be employed on a
full-time basis.
(b) Members. The head of each of the following executive branch departments and agencies shall nominate
not more than two full-time members of the Commission:
(i) Department of the Treasury;
(ii) Department of Justice;
(iii) Department of Defense;
(iv) Department of Commerce;
(v) Department of Transportation;
(vi) Department of Energy;
(vii) Central Intelligence Agency;
(viii) Federal Emergency Management Agency;
(ix) Federal Bureau of Investigation;
(x) National Security Agency.
One of the nominees of each agency may be an individual from outside the Federal Government who shall be
employed by the agency on a full-time basis. Each
nominee must be approved by the Steering Committee.
SEC. 2. The Principals Committee. The Commission
shall report to the President through a Principals Committee (‘‘Principals Committee’’), which shall review
any reports or recommendations before submission to
the President. The Principals Committee shall comprise the:
(i) Secretary of the Treasury;
(ii) Secretary of Defense;
(iii) Attorney General;
(iv) Secretary of Commerce;
(v) Secretary of Transportation;
(vi) Secretary of Energy;
(vii) Director of Central Intelligence;
(viii) Director of the Office of Management and Budget;
(ix) Director of the Federal Emergency Management
Agency;

§ 5195

(x) Assistant to the President for National Security
Affairs;
(xi) Assistant to the Vice President for National Security Affairs.[;]
(xii) Assistant to the President for Economic Policy
and Director of the National Economic Council; and
(xiii) Assistant to the President and Director of the
Office of Science and Technology Policy.
SEC. 3. The Steering Committee of the President’s Commission on Critical Infrastructure Protection. A Steering
Committee (‘‘Steering Committee’’) shall oversee the
work of the Commission on behalf of the Principals
Committee. The Steering Committee shall comprise
[sic] five members. Four of the members shall be appointed by the President, and the fifth member shall be
the Chair of the Commission. Two of the members of
the Committee shall be employees of the Executive Office of the President. The Steering Committee will receive regular reports on the progress of the Commission’s work and approve the submission of reports to
the Principals Committee.
SEC. 4. Mission. The Commission shall: (a) within 30
days of this order, produce a statement of its mission
objectives, which will elaborate the general objectives
set forth in this order, and a detailed schedule for addressing each mission objective, for approval by the
Steering Committee;
(b) identify and consult with: (i) elements of the public and private sectors that conduct, support, or contribute to infrastructure assurance; (ii) owners and operators of the critical infrastructures; and (iii) other
elements of the public and private sectors, including
the Congress, that have an interest in critical infrastructure assurance issues and that may have differing
perspectives on these issues;
(c) assess the scope and nature of the vulnerabilities
of, and threats to, critical infrastructures;
(d) determine what legal and policy issues are raised
by efforts to protect critical infrastructures and assess
how these issues should be addressed;
(e) recommend a comprehensive national policy and
implementation strategy for protecting critical infrastructures from physical and cyber threats and assuring their continued operation;
(f) propose any statutory or regulatory changes necessary to effect its recommendations; and
(g) produce reports and recommendations to the
Steering Committee as they become available; it shall
not limit itself to producing one final report.
SEC. 5. [Revoked by Ex. Ord. No. 13138, § 3(c), Sept. 30,
1999, 64 F.R. 53880.]
SEC. 6. Administration. (a) All executive departments
and agencies shall cooperate with the Commission and
provide such assistance, information, and advice to the
Commission as it may request, to the extent permitted
by law.
(b) The Commission and the Advisory Committee
may hold open and closed hearings, conduct inquiries,
and establish subcommittees, as necessary.
(c) Members of the Advisory Committee shall serve
without compensation for their work on the Advisory
Committee. While engaged in the work of the Advisory
Committee, members may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized
by law for persons serving intermittently in the government service.
(d) To the extent permitted by law, and subject to the
availability of appropriations, the Department of Defense shall provide the Commission and the Advisory
Committee with administrative services, staff, other
support services, and such funds as may be necessary
for the performance of its functions and shall reimburse the executive branch components that provide
representatives to the Commission for the compensation of those representatives.
(e) In order to augment the expertise of the Commission, the Department of Defense may, at the Commission’s request, contract for the services of nongovernmental consultants who may prepare analyses, reports,
background papers, and other materials for consider-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

ation by the Commission. In addition, at the Commission’s request, executive departments and agencies
shall request that existing Federal advisory committees consider and provide advice on issues of critical infrastructure protection, to the extent permitted by
law.
(f) The Commission shall terminate 1 year and 90
days from the date of this order, unless extended by the
President prior to that date. The Principals Committee, the Steering Committee, and the Advisory Committee shall terminate no later than September 30,
1998, and, upon submission of the Commission’s report,
shall review the report and prepare appropriate recommendations to the President.
(g) The person who served as Chair of the Commission
may continue to be a member of the Steering Committee after termination of the Commission.
SEC. 7. Review of Commission’s Report. (a) Upon the termination of the Commission as set out in section 6(f) of
this order, certain of the Commission’s staff may be retained no later than September 30, 1998, solely to assist
the Principals, Steering, and Advisory Committees in
reviewing the Commission’s report and preparing recommendations to the President. They shall act under
the direction of the Steering Committee or its designated agent. The Department of Defense shall continue to provide funding and administrative support for
the retained Commission staff.
(b) Pursuant to Executive Order 12958 [50 U.S.C. 435
note], I hereby designate the Executive Secretary of
the National Security Council to exercise the authority
to classify information originally as ‘‘Top Secret’’ with
respect to the work of the Commission staff, the Principals Committee, the Steering Committee, the Advisory Committee, and the Infrastructure Protection
Task Force.
SEC. 8. Interim Coordinating Mission. (a) While the
Commission is conducting its analysis and until the
President has an opportunity to consider and act on its
recommendations, there is a need to increase coordination of existing infrastructure protection efforts in
order to better address, and prevent, crises that would
have a debilitating regional or national impact. There
is hereby established an Infrastructure Protection Task
Force (‘‘IPTF’’) within the Department of Justice,
chaired by the Federal Bureau of Investigation, to undertake this interim coordinating mission.
(b) The IPTF will not supplant any existing programs
or organizations.
(c) The Steering Committee shall oversee the work of
the IPTF.
(d) The IPTF shall include at least one full-time
member each from the Federal Bureau of Investigation,
the Department of Defense, and the National Security
Agency. It shall also receive part-time assistance from
other executive branch departments and agencies.
Members shall be designated by their departments or
agencies on the basis of their expertise in the protection of critical infrastructures. IPTF members’ compensation shall be paid by their parent agency or department.
(e) The IPTF’s function is to identify and coordinate
existing expertise, inside and outside of the Federal
Government, to:
(i) provide, or facilitate and coordinate the provision
of, expert guidance to critical infrastructures to detect,
prevent, halt, or confine an attack and to recover and
restore service;
(ii) issue threat and warning notices in the event advance information is obtained about a threat;
(iii) provide training and education on methods of reducing vulnerabilities and responding to attacks on
critical infrastructures;
(iv) conduct after-action analysis to determine possible future threats, targets, or methods of attack; and
(v) coordinate with the pertinent law enforcement authorities during or after an attack to facilitate any resulting criminal investigation.
(f) All executive departments and agencies shall cooperate with the IPTF and provide such assistance, in-

Page 5492

formation, and advice as the IPTF may request, to the
extent permitted by law.
(g) All executive departments and agencies shall
share with the IPTF information about threats and
warning of attacks, and about actual attacks on critical infrastructures, to the extent permitted by law.
(h) The IPTF shall terminate no later than 180 days
after the termination of the Commission, unless extended by the President prior to that date.
SEC. 9. General. (a) This order is not intended to
change any existing statutes or Executive orders.
(b) This order is not intended to create any right,
benefit, trust, or responsibility, substantive or procedural, enforceable at law or equity by a party against
the United States, its agencies, its officers, or any person.
WILLIAM J. CLINTON.
[Ex. Ord. No. 13138, § 3(c), Sept. 30, 1999, 64 F.R. 53880,
formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title
5, Government Organization and Employees, revoked
‘‘Section 5 and that part of section 6(f) of Executive
Order 13010, as amended by section 3 of Executive Order
13025, Executive Order 13041, sections 1, 2, and that part
of section 3 of Executive Order 13064, and Executive
Order 13077, establishing the Advisory Committee to
the President’s Commission on Critical Infrastructure
Protection’’.]
EXECUTIVE ORDER NO. 13130
Ex. Ord. No. 13130, July 14, 1999, 64 F.R. 38535, which
established the National Infrastructure Assurance
Council, was revoked by Ex. Ord. No. 13231, § 10(e)(iii),
Oct. 16, 2001, 66 F.R. 53070, set out as a note under section 121 of Title 6, Domestic Security.
EX. ORD. NO. 13151. GLOBAL DISASTER INFORMATION
NETWORK
Ex. Ord. No. 13151, Apr. 27, 2000, 65 F.R. 25619, as
amended by Ex. Ord. No. 13284, § 5, Jan. 23, 2003, 68 F.R.
4075, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to establish a Global Disaster Information Network to use information technology
more effectively to reduce loss of life and property
from natural and man-made disasters, it is hereby ordered as follows:
SECTION 1. Policy. (a) It is the policy of this Administration to use information technology more effectively
to coordinate the Federal Government’s collection and
dissemination of information to appropriate response
agencies and State governments to prepare for and respond to natural and man-made disasters (disasters).
As a result of changing population demographics in our
coastal, rural, and urban areas over the past decades,
the loss of life and property (losses) from disasters has
nearly doubled. One of the ways the Federal Government can reduce these losses is to use technology more
effectively to coordinate its collection and dissemination (hereafter referred to collectively as ‘‘provision’’)
of information which can be used in both planning for
and recovering from disasters. While many agencies
provide disaster-related information, they may not always provide it in a coordinated manner. To improve
the provision of disaster-related information, the agencies shall, as set out in this order, use information
technology to coordinate the Federal Government’s
provision of information to prepare for, respond to, and
recover from domestic disasters.
(b) It is also the policy of this Administration to use
information technology and existing channels of disaster assistance to improve the Federal Government’s
provision of information that could be helpful to foreign governments preparing for or responding to foreign disasters. Currently, the United States Government provides disaster-related information to foreign
governments and relief organizations on humanitarian
grounds at the request of foreign governments and

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

where appropriate. This information is supplied by Federal agencies on an ad hoc basis. To increase the effectiveness of our response to foreign disasters, agencies
shall, where appropriate, use information technology to
coordinate the Federal Government’s provision of disaster-related information to foreign governments.
(c) To carry out the policies in this order, there is established the Global Disaster Information Network
(Network). The Network is defined as the coordinated
effort by Federal agencies to develop a strategy and to
use existing technical infrastructure, to the extent permitted by law and subject to the availability of appropriations and under the guidance of the Interagency
Coordinating Committee and the Committee Support
Office, to make more effective use of information technology to assist our Government, and foreign governments where appropriate, by providing disaster-related
information to prepare for and respond to disasters.
SEC. 2. Establishment. (a) There is established an
Interagency Coordinating Committee (Committee) to
provide leadership and oversight for the development of
the Network. The Office of the Vice President, the Department of Commerce through the National Oceanic
and Atmospheric Administration, and the Department
of State, respectively, shall designate a representative
to serve as Co-chairpersons of the Committee. The
Committee membership shall comprise representatives
from the following departments and agencies:
(1) Department of State;
(2) Department of Defense;
(3) Department of the Interior;
(4) Department of Agriculture;
(5) Department of Commerce;
(6) Department of Transportation;
(7) Department of Energy;
(8) Department of Homeland Security;
(9) Office of Management and Budget;
(10) Environmental Protection Agency;
(11) National Aeronautics and Space Administration;
(12) United States Agency for International Development;
(13) Federal Emergency Management Agency; and
(14) Central Intelligence Agency.
At the discretion of the Co-chairpersons of the Committee, other agencies may be added to the Committee
membership. The Committee shall include an Executive Secretary to effect coordination between the Cochairpersons of the Committee and the Committee Support Office.
(b) There is established a Committee Support Office
(Support Office) to assist the Committee by developing
plans and projects that would further the creation of
the Network. The Support Office shall, at the request
of the Co-chairpersons of the Committee, carry out
tasks taken on by the Committee.
(c) The National Oceanic and Atmospheric Administration shall provide funding and administrative support for the Committee and the Support Office. To the
extent permitted by law, agencies may provide support
to the Committee and the Support Office to assist them
in their work.
SEC. 3. Responsibilities. (a) The Committee shall:
(1) serve as the United States Government’s single
entity for all matters, both national and international, pertaining to the development and establishment of the Network;
(2) provide leadership and high-level coordination of
Network activities;
(3) provide guidance for the development of Network strategies, goals, objectives, policies, and legislation;
(4) represent and advocate Network goals, objectives, and processes to their respective agencies and
departments;
(5) provide manpower and material support for Network development activities;
(6) develop, delegate, and monitor interagency opportunities and ideas supporting the development of
the Network; and

§ 5195

(7) provide reports, through the Co-chairpersons of
the Committee, to the President as requested or at
least annually.
(b) The Support Office shall:
(1) provide management and administrative support
for the Committee;
(2) develop Network strategies, goals, objectives,
policies, plans, and legislation in accordance with
guidance provided by the Committee;
(3) consult with agencies, States, nongovernment
organizations, and international counterparts in developing Network development tasks;
(4) develop and make recommendations concerning
Network activities to the agencies as approved by the
Committee; and
(5) participate in projects that promote the goals
and objectives of the Network.
SEC. 4. Implementation. (a) The Committee, with the
assistance of the Support Office, shall address national
and international issues associated with the development of the Network within the context of:
(1) promoting the United States as an example and
leader in the development and dissemination of disaster information, both domestically and abroad, and, to
this end, seeking cooperation with foreign governments
and international organizations;
(2) striving to include all appropriate stakeholders in
the development of the Network; and
(3) facilitating the creation of a framework that involves public and private stakeholders in a partnership
for sustained operations of the Network.
(b) Intelligence activities, as determined by the Director of the Central Intelligence Agency, as well as national security-related activities of the Department of
Defense and of the Department of Energy, are exempt
from compliance with this order.
SEC. 5. Tribal Governments. This order does not impose
any requirements on tribal governments.
SEC. 6. Judicial Review. This order does not create any
right or benefit, substantive or procedural, enforceable
by law, by a party against the United States, its officers, its employees, or any other person.
EX. ORD. NO. 13407. PUBLIC ALERT AND WARNING SYSTEM
Ex. Ord. No. 13407, June 26, 2006, 71 F.R. 36975, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42
U.S.C. 5121 et seq.), and the Homeland Security Act of
2002, as amended (6 U.S.C. 101 et seq.), it is hereby ordered as follows:
SECTION 1. Policy. It is the policy of the United States
to have an effective, reliable, integrated, flexible, and
comprehensive system to alert and warn the American
people in situations of war, terrorist attack, natural
disaster, or other hazards to public safety and wellbeing (public alert and warning system), taking appropriate account of the functions, capabilities, and needs
of the private sector and of all levels of government in
our Federal system, and to ensure that under all conditions the President can communicate with the American people.
SEC. 2. Functions of the Secretary of Homeland Security.
(a) To implement the policy set forth in section 1 of
this order, the Secretary of Homeland Security shall:
(i) inventory, evaluate, and assess the capabilities
and integration with the public alert and warning system of Federal, State, territorial, tribal, and local public alert and warning resources;
(ii) establish or adopt, as appropriate, common alerting and warning protocols, standards, terminology, and
operating procedures for the public alert and warning
system to enable interoperability and the secure delivery of coordinated messages to the American people
through as many communication pathways as practicable, taking account of Federal Communications
Commission rules as provided by law;
(iii) ensure the capability to adapt the distribution
and content of communications on the basis of geo-

§ 5195a

TITLE 42—THE PUBLIC HEALTH AND WELFARE

graphic location, risks, or personal user preferences, as
appropriate;
(iv) include in the public alert and warning system
the capability to alert and warn all Americans, including those with disabilities and those without an understanding of the English language;
(v) through cooperation with the owners and operators of communication facilities, maintain, protect,
and, if necessary, restore communications facilities
and capabilities necessary for the public alert and
warning system;
(vi) ensure the conduct of training, tests, and exercises for the public alert and warning system;
(vii) ensure the conduct of public education efforts so
that State, territorial, tribal, and local governments,
the private sector, and the American people understand
the functions of the public alert and warning system
and how to access, use, and respond to information
from the public alert and warning system;
(viii) consult, coordinate, and cooperate with the private sector, including communications media organizations, and Federal, State, territorial, tribal, and local
governmental authorities, including emergency response providers, as appropriate;
(ix) administer the Emergency Alert System (EAS) as
a critical component of the public alert and warning
system; and
(x) ensure that under all conditions the President of
the United States can alert and warn the American
people.
(b) In performing the functions set forth in subsection (a) of this section, the Secretary of Homeland
Security shall coordinate with the Secretary of Commerce, the heads of other departments and agencies of
the executive branch (agencies), and other officers of
the United States, as appropriate, and the Federal
Communications Commission.
(c) The Secretary of Homeland Security may issue
guidance to implement this order.
SEC. 3. Duties of Heads of Departments and Agencies.
(a) The heads of agencies shall provide such assistance and information as the Secretary of Homeland Security may request to implement this order.
(b) In addition to performing the duties specified
under subsection (a) of this section:
(i) the Secretary of Commerce shall make available
to the Secretary of Homeland Security, to assist in implementing this order, the capabilities and expertise of
the Department of Commerce relating to standards,
technology, telecommunications, dissemination systems, and weather;
(ii) the Secretary of Defense shall provide to the Secretary of Homeland Security requirements for the public alert and warning system necessary to ensure proper coordination of the functions of the Department of
Defense with the use of such system;
(iii) the Federal Communications Commission shall,
as provided by law, adopt rules to ensure that communications systems have the capacity to transmit alerts
and warnings to the public as part of the public alert
and warning system; and
(iv) the heads of agencies with capabilities for public
alert and warning shall comply with guidance issued by
the Secretary of Homeland Security under subsection
2(c) of this order, and shall develop and maintain such
capabilities in a manner consistent and interoperable
with the public alert and warning system.
SEC. 4. Reports on Implementation. Not later than 90
days after the date of this order, the Secretary of
Homeland Security shall submit to the President,
through the Assistant to the President for Homeland
Security and Counterterrorism, a plan for the implementation of this order, and shall thereafter submit reports from time to time, and not less often than once
each year, on such implementation, together with any
recommendations the Secretary finds appropriate.
SEC. 5. Amendment, Revocation, and Transition.
(a) [Amended Ex. Ord. No. 12472, set out as a note
above.]
(b) Not later than 120 days after the date of this
order, the Secretary of Homeland Security, after con-

Page 5494

sultation with the Assistant to the President for Homeland Security and Counterterrorism, shall issue guidance under section 2(c) of this order that shall address
the subject matter of the presidential memorandum of
September 15, 1995, for the Director, Federal Emergency Management Agency, on Presidential Communications with the General Public During Periods of
National Emergency, and upon issuance of such guidance such memorandum is revoked.
(c) The Secretary of Homeland Security shall ensure
an orderly and effective transition, without loss of capability, from alert and warning systems available as
of the date of this order to the public alert and warning
system for which this order provides.
SEC. 6. General Provisions. (a) This order shall be implemented in a manner consistent with:
(i) applicable law and presidential guidance, including Executive Order 12472 of April 3, 1984, as amended,
and subject to the availability of appropriations; and
(ii) the authorities of agencies, or heads of agencies,
vested by law.
(b) This order shall not be construed to impair or
otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, and legislative proposals.
(c) This order is not intended to, and does not, create
any rights or benefits, substantive or procedural, enforceable at law or in equity by a party against the
United States, its agencies, instrumentalities, or entities, its officers, employees, or agents, or any other
person.
GEORGE W. BUSH.

§ 5195a. Definitions
(a) Definitions
For purposes of this subchapter only:
(1) Hazard
The term ‘‘hazard’’ means an emergency or
disaster resulting from—
(A) a natural disaster; or
(B) an accidental or man-caused event.
(2) Natural disaster
The term ‘‘natural disaster’’ means any hurricane, tornado, storm, flood, high water,
wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide,
snowstorm, drought, fire, or other catastrophe
in any part of the United States which causes,
or which may cause, substantial damage or injury to civilian property or persons.
(3) Emergency preparedness
The term ‘‘emergency preparedness’’ means
all those activities and measures designed or
undertaken to prepare for or minimize the effects of a hazard upon the civilian population,
to deal with the immediate emergency conditions which would be created by the hazard,
and to effectuate emergency repairs to, or the
emergency restoration of, vital utilities and
facilities destroyed or damaged by the hazard.
Such term includes the following:
(A) Measures to be undertaken in preparation for anticipated hazards (including the
establishment of appropriate organizations,
operational plans, and supporting agreements, the recruitment and training of personnel, the conduct of research, the procurement and stockpiling of necessary materials
and supplies, the provision of suitable warning systems, the construction or preparation
of shelters, shelter areas, and control centers, and, when appropriate, the non-military evacuation of the civilian population).

Page 5495

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(B) Measures to be undertaken during a
hazard (including the enforcement of passive
defense regulations prescribed by duly established military or civil authorities, the evacuation of personnel to shelter areas, the control of traffic and panic, and the control and
use of lighting and civil communications).
(C) Measures to be undertaken following a
hazard (including activities for fire fighting,
rescue, emergency medical, health and sanitation services, monitoring for specific dangers of special weapons, unexploded bomb reconnaissance, essential debris clearance,
emergency welfare measures, and immediately essential emergency repair or restoration of damaged vital facilities).
(4) Organizational equipment
The
term
‘‘organizational
equipment’’
means equipment determined by the Administrator to be necessary to an emergency preparedness organization, as distinguished from
personal equipment, and of such a type or nature as to require it to be financed in whole or
in part by the Federal Government. Such term
does not include those items which the local
community normally uses in combating local
disasters, except when required in unusual
quantities dictated by the requirements of the
emergency preparedness plans.
(5) Materials
The term ‘‘materials’’ includes raw materials, supplies, medicines, equipment, component parts and technical information and
processes necessary for emergency preparedness.
(6) Facilities
The term ‘‘facilities’’, except as otherwise
provided in this subchapter, includes buildings, shelters, utilities, and land.
(7) Administrator
The term ‘‘Administrator’’ means the Administrator of the Federal Emergency Management Agency.
(8) Neighboring countries
The term ‘‘neighboring countries’’ includes
Canada and Mexico.
(9) United States and States
The terms ‘‘United States’’ and ‘‘States’’ includes 1 the several States, the District of Columbia, and territories and possessions of the
United States.
(10) State
The term ‘‘State’’ includes interstate emergency preparedness authorities established
under section 5196(h) of this title.
(b) Cross reference
The terms ‘‘national defense’’ and ‘‘defense’’,
as used in the Defense Production Act of 1950 (50
U.S.C. App. 2061 et seq.), includes 1 emergency
preparedness activities conducted pursuant to
this subchapter.
(Pub. L. 93–288, title VI, § 602, as added Pub. L.
103–337, div. C, title XXXIV, § 3411(a)(3), Oct. 5,
1 So

in original. Probably should be ‘‘include’’.

§ 5195b

1994, 108 Stat. 3101; amended Pub. L. 111–351,
§ 3(c), Jan. 4, 2011, 124 Stat. 3864.)
REFERENCES IN TEXT
The Defense Production Act of 1950, referred to in
subsec. (b), is act Sept. 8, 1950, ch. 932, 64 Stat. 798, as
amended, which is classified to section 2061 et seq. of
Title 50, Appendix, War and National Defense. For complete classification of this Act to the Code, see section
2061 of Title 50, Appendix, and Tables.
PRIOR PROVISIONS
Provisions similar to those in this section were contained in sections 2252 and 2282 of Title 50, Appendix,
War and National Defense, prior to repeal by Pub. L.
103–337, § 3412(a).
AMENDMENTS
2011—Subsec. (a)(4). Pub. L. 111–351, § 3(c)(2), substituted ‘‘Administrator’’ for ‘‘Director’’.
Subsec. (a)(7). Pub. L. 111–351, § 3(c)(1), added par. (7)
and struck out former par. (7). Prior to amendment,
text read as follows: ‘‘The term ‘Director’ means the
Director of the Federal Emergency Management Agency.’’
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
sections 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.

§ 5195b. Administration of subchapter
This subchapter shall be carried out by the
Administrator of the Federal Emergency Management Agency.
(Pub. L. 93–288, title VI, § 603, as added Pub. L.
103–337, div. C, title XXXIV, § 3411(a)(3), Oct. 5,
1994, 108 Stat. 3102; amended Pub. L. 111–351,
§ 3(c)(2), Jan. 4, 2011, 124 Stat. 3864.)
AMENDMENTS
2011—Pub. L. 111–351 substituted ‘‘Administrator’’ for
‘‘Director’’.
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
sections 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.

§ 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-

§ 5196

TITLE 42—THE PUBLIC HEALTH AND WELFARE

ly to the Senate and the House of Representatives. The consent of Congress is deemed to be
granted to each such compact upon the expiration of the 60-day period beginning on the date
on which the compact is transmitted to Congress.
(4) Nothing in this subsection shall be construed as preventing Congress from disapproving, or withdrawing at any time its consent to,
any interstate emergency preparedness compact.
(i) Materials and facilities
(1) The Administrator may procure by condemnation or otherwise, construct, lease, transport, store, maintain, renovate or distribute materials and facilities for emergency preparedness, with the right to take immediate possession thereof.
(2) Facilities acquired by purchase, donation,
or other means of transfer may be occupied,
used, and improved for the purposes of this subchapter before the approval of title by the Attorney General as required by sections 3111 and
3112 of title 40.
(3) The Administrator may lease real property
required for the purpose of carrying out the provisions of this subsection, but shall not acquire
fee title to property unless specifically authorized by law.
(4) The Administrator may procure and maintain under this subsection radiological, chemical, bacteriological, and biological agent monitoring and decontamination devices and distribute such devices by loan or grant to the States
for emergency preparedness purposes, under
such terms and conditions as the Administrator
shall prescribe.
(j) Financial contributions
(1) The Administrator may make financial
contributions, on the basis of programs or
projects approved by the Administrator, to the
States for emergency preparedness purposes, including the procurement, construction, leasing,
or renovating of materials and facilities. Such
contributions shall be made on such terms or
conditions as the Administrator shall prescribe,
including the method of purchase, the quantity,
quality, or specifications of the materials or facilities, and such other factors or care or treatment to assure the uniformity, availability, and
good condition of such materials or facilities.
(2) The Administrator may make financial
contributions, on the basis of programs or
projects approved by the Administrator, to the
States and local authorities for animal emergency preparedness purposes, including the procurement, construction, leasing, or renovating
of emergency shelter facilities and materials
that will accommodate people with pets and
service animals.
(3) No contribution may be made under this
subsection for the procurement of land or for
the purchase of personal equipment for State or
local emergency preparedness workers.
(4) The amounts authorized to be contributed
by the Administrator to each State for organizational equipment shall be equally matched by
such State from any source it determines is consistent with its laws.
(5) Financial contributions to the States for
shelters and other protective facilities shall be

Page 5498

determined by taking the amount of funds appropriated or available to the Administrator for
such facilities in each fiscal year and apportioning such funds among the States in the ratio
which the urban population of the critical target areas (as determined by the Administrator)
in each State, at the time of the determination,
bears to the total urban population of the critical target areas of all of the States.
(6) The amounts authorized to be contributed
by the Administrator to each State for such
shelters and protective facilities shall be equally matched by such State from any source it determines is consistent with its laws and, if not
matched within a reasonable time, the Administrator may reallocate such amounts to other
States under the formula described in paragraph
(4).1 The value of any land contributed by any
State or political subdivision thereof shall be
excluded from the computation of the State
share under this subsection.
(7) The amounts paid to any State under this
subsection shall be expended solely in carrying
out the purposes set forth herein and in accordance with State emergency preparedness programs or projects approved by the Administrator. The Administrator shall make no contribution toward the cost of any program or
project for the procurement, construction, or
leasing of any facility which (A) is intended for
use, in whole or in part, for any purpose other
than emergency preparedness, and (B) is of such
kind that upon completion it will, in the judgment of the Administrator, be capable of producing sufficient revenue to provide reasonable
assurance of the retirement or repayment of
such cost; except that (subject to the preceding
provisions of this subsection) the Administrator
may make a contribution to any State toward
that portion of the cost of the construction, reconstruction, or enlargement of any facility
which the Administrator determines to be directly attributable to the incorporation in such
facility of any feature of construction or design
not necessary for the principal intended purpose
thereof but which is, in the judgment of the Administrator necessary for the use of such facility for emergency preparedness purposes.
(8) The Administrator shall submit to Congress a report, at least annually, regarding all
contributions made pursuant to this subsection.
(9) All laborers and mechanics employed by
contractors or subcontractors in the performance of construction work financed with the assistance of any contribution of Federal funds
made by the Administrator under this subsection shall be paid wages at rates not less than
those prevailing on similar construction in the
locality as determined by the Secretary of
Labor in accordance with sections 3141–3144,
3146, and 3147 of title 40, and every such employee shall receive compensation at a rate not
less than one and 1⁄2 times the basic rate of pay
of the employee for all hours worked in any
workweek in excess of eight hours in any workday or 40 hours in the workweek, as the case
may be. The Administrator shall make no contribution of Federal funds without first obtaining adequate assurance that these labor stand1 See

References in Text note below.

Page 5499

TITLE 42—THE PUBLIC HEALTH AND WELFARE

ards will be maintained upon the construction
work. The Secretary of Labor shall have, with
respect to the labor standards specified in this
subsection, the authority and functions set forth
in Reorganization Plan Numbered 14 of 1950 (5
U.S.C. App.) and section 3145 of title 40.
(k) Sale or disposal of certain materials and facilities
The Administrator may arrange for the sale or
disposal of materials and facilities found by the
Administrator to be unnecessary or unsuitable
for emergency preparedness purposes in the
same manner as provided for excess property
under chapters 1 to 11 of title 40 and division C
(except sections 3302, 3307(e), 3501(b), 3509, 3906,
4710, and 4711) of subtitle I of title 41. Any funds
received as proceeds from the sale or other disposition of such materials and facilities shall be
deposited into the Treasury as miscellaneous receipts.
(Pub. L. 93–288, title VI, § 611, as added Pub. L.
103–337, div. C, title XXXIV, § 3411(a)(3), Oct. 5,
1994, 108 Stat. 3102; amended Pub. L. 104–66, title
II, § 2071, Dec. 21, 1995, 109 Stat. 729; Pub. L.
108–458, title VII, § 7406, Dec. 17, 2004, 118 Stat.
3851; Pub. L. 109–308, § 3, Oct. 6, 2006, 120 Stat.
1725; Pub. L. 111–351, § 3(c)(2), Jan. 4, 2011, 124
Stat. 3864.)
REFERENCES IN TEXT
Paragraph (4), referred to in subsec. (j)(6), was redesignated paragraph (5) by Pub. L. 109–308, § 3(2), Oct. 6,
2006, 120 Stat. 1725.
Reorganization Plan Numbered 14 of 1950, referred to
in subsec. (j)(9), is Reorg. Plan No. 14 of 1950, eff. May
24, 1950, 15 F.R. 3176, 64 Stat. 1267, which is set out in
the Appendix to Title 5, Government Organization and
Employees.
CODIFICATION
In subsec. (i)(2), ‘‘sections 3111 and 3112 of title 40’’
substituted for ‘‘section 355 of the Revised Statutes (40
U.S.C. 255)’’ and, in subsec. (j)(9), ‘‘sections 3141–3144,
3146, and 3147 of title 40’’ substituted for ‘‘the Act of
March 3, 1931 (commonly known as the Davis-Bacon
Act (40 U.S.C. 276a–276a–5))’’ and ‘‘section 3145 of title
40’’ substituted for ‘‘section 2 of the Act of June 13, 1934
(40 U.S.C. 276(c))’’, meaning 276c, on authority of Pub.
L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first
section of which enacted Title 40, Public Buildings,
Property, and Works.
In subsec. (k), ‘‘chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906,
4710, and 4711) of subtitle I of title 41’’ substituted for
‘‘the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 471 et seq.)’’ on authority of Pub. L.
107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works,
and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854,
which Act enacted Title 41, Public Contracts.
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 2281 of Title 50, Appendix, War and
National Defense, prior to repeal by Pub. L. 103–337,
§ 3412(a).
AMENDMENTS
2011—Pub. L. 111–351 substituted ‘‘Administrator’’ for
‘‘Director’’ wherever appearing.
2006—Subsec. (e)(4). Pub. L. 109–308, § 3(1), added par.
(4).
Subsec. (j)(2) to (9). Pub. L. 109–308, § 3(2), added par.
(2) and redesignated former pars. (2) to (8) as (3) to (9),
respectively.

§ 5196

2004—Subsec. (h). Pub. L. 108–458 substituted ‘‘Emergency preparedness compacts’’ for ‘‘Interstate emergency preparedness compacts’’ in subsec. heading,
added par. (1), redesignated former pars. (1) to (3) as (2)
to (4), respectively, and realigned margins of par. (2), as
redesignated.
1995—Subsec. (i)(3) to (5). Pub. L. 104–66 redesignated
pars. (4) and (5) as (3) and (4), respectively, and struck
out former par. (3) which read as follows: ‘‘The Director
shall submit to Congress a report, at least quarterly,
describing all property acquisitions made pursuant to
this subsection.’’
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
sections 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.
NATIONAL CAPITAL REGION MUTUAL AID
Pub. L. 108–458, title VII, § 7302, Dec. 17, 2004, 118 Stat.
3840, as amended by Pub. L. 110–250, § 1, June 26, 2008, 122
Stat. 2318, provided that:
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) AUTHORIZED REPRESENTATIVE OF THE FEDERAL
GOVERNMENT.—The term ‘authorized representative of
the Federal Government’ means any individual or individuals designated by the President with respect to
the executive branch, the Chief Justice with respect
to the Federal judiciary, or the President of the Senate and Speaker of the House of Representatives with
respect to Congress, or their designees, to request assistance under a mutual aid agreement for an emergency or public service event.
‘‘(2) CHIEF OPERATING OFFICER.—The term ‘chief operating officer’ means the official designated by law
to declare an emergency in and for the locality of
that chief operating officer.
‘‘(3) EMERGENCY.—The term ‘emergency’ means a
major disaster or emergency declared by the President, or a state of emergency declared by the mayor
of the District of Columbia, the Governor of the State
of Maryland or the Commonwealth of Virginia, or the
declaration of a local emergency by the chief operating officer of a locality, or their designees, that triggers mutual aid under the terms of a mutual aid
agreement.
‘‘(4) EMPLOYEE.—The term ‘employee’ means the
employees of the party who are committed in a mutual aid agreement to prepare for or who respond to
an emergency or public service event.
‘‘(5) LOCALITY.—The term ‘locality’ means a county,
city, town, or other governmental agency, governmental authority, or governmental institution with
the power to sue or be sued in its own name, within
the National Capital Region.
‘‘(6) MUTUAL AID AGREEMENT.—The term ‘mutual aid
agreement’ means an agreement, authorized under
subsection (b), for the provision of police, fire, rescue
and other public safety and health or medical services to any party to the agreement during a public
service event, an emergency, or pre-planned training
event.
‘‘(7) NATIONAL CAPITAL REGION OR REGION.—The term
‘National Capital Region’ or ‘Region’ means the area
defined under section 2674(f)(2) of title 10, United

§ 5196

TITLE 42—THE PUBLIC HEALTH AND WELFARE

States Code, and those counties with a border abutting that area and any municipalities therein.
‘‘(8) PARTY.—The term ‘party’ means the State of
Maryland, the Commonwealth of Virginia, the District of Columbia, and any of the localities duly executing a Mutual Aid Agreement under this section.
‘‘(9) PUBLIC SERVICE EVENT.—The term ‘public service event’—
‘‘(A) means any undeclared emergency, incident
or situation in preparation for or response to which
the mayor of the District of Columbia, an authorized representative of the Federal Government, the
Governor of the State of Maryland, the Governor of
the Commonwealth of Virginia, or the chief operating officer of a locality in the National Capital Region, or their designees, requests or provides assistance under a Mutual Aid Agreement within the National Capital Region; and
‘‘(B) includes Presidential inaugurations, public
gatherings, demonstrations and protests, and law
enforcement, fire, rescue, emergency health and
medical services, transportation, communications,
public works and engineering, mass care, and other
support that require human resources, equipment,
facilities or services supplemental to or greater
than the requesting jurisdiction can provide.
‘‘(10) STATE.—The term ‘State’ means the State of
Maryland, the Commonwealth of Virginia, and the
District of Columbia.
‘‘(11) TRAINING.—The term ‘training’ means emergency and public service event-related exercises, testing, or other activities using equipment and personnel to simulate performance of any aspect of the giving or receiving of aid by National Capital Region jurisdictions during emergencies or public service
events, such actions occurring outside actual emergency or public service event periods.
‘‘(b) MUTUAL AID AUTHORIZED.—
‘‘(1) IN GENERAL.—The mayor of the District of Columbia, any authorized representative of the Federal
Government, the Governor of the State of Maryland,
the Governor of the Commonwealth of Virginia, or
the chief operating officer of a locality, or their designees, acting within his or her jurisdictional purview, may, in accordance with State law, enter into,
request or provide assistance under mutual aid agreements with localities for—
‘‘(A) law enforcement, fire, rescue, emergency
health and medical services, transportation, communications, public works and engineering, mass
care, and resource support in an emergency or public service event;
‘‘(B) preparing for, mitigating, managing, responding to or recovering from any emergency or
public service event; and
‘‘(C) training for any of the activities described
under subparagraphs (A) and (B).
‘‘(2) FACILITATING LOCALITIES.—The State of Maryland and the Commonwealth of Virginia are encouraged to facilitate the ability of localities to enter
into interstate mutual aid agreements in the National Capital Region under this section.
‘‘(3) APPLICATION AND EFFECT.—This section—
‘‘(A) does not apply to law enforcement security
operations at special events of national significance
under section 3056(e) of title 18, United States Code,
or other law enforcement functions of the United
States Secret Service;
‘‘(B) does not diminish any authorities, express or
implied, of Federal agencies to enter into mutual
aid agreements in furtherance of their Federal missions; and
‘‘(C) does not—
‘‘(i) preclude any party from entering into supplementary Mutual Aid Agreements with fewer
than all the parties, or with another party; or
‘‘(ii) affect any other agreement in effect before
the date of enactment of this Act [Dec. 17, 2004]
among the States and localities, including the
Emergency Management Assistance Compact.

Page 5500

‘‘(4) RIGHTS DESCRIBED.—Other than as described in
this section, the rights and responsibilities of the
parties to a mutual aid agreement entered into under
this section shall be as described in the mutual aid
agreement.
‘‘(c) DISTRICT OF COLUMBIA.—
‘‘(1) IN GENERAL.—The District of Columbia may
purchase liability and indemnification insurance or
become self insured against claims arising under a
mutual aid agreement authorized under this section.
‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as may be
necessary to carry out paragraph (1).
‘‘(d) LIABILITY AND ACTIONS AT LAW.—
‘‘(1) IN GENERAL.—Any responding party or its officers, employees, or agents rendering aid or failing to
render aid to the District of Columbia, the Federal
Government, the State of Maryland, the Commonwealth of Virginia, or a locality, under a mutual aid
agreement authorized under this section, and any
party or its officers, employees, or agents engaged in
training activities with another party under such a
mutual aid agreement, shall be liable on account of
any act or omission of its officers, employees, or
agents while so engaged or on account of the maintenance or use of any related equipment, facilities, or
supplies, but only to the extent permitted under the
laws and procedures of the State of the party rendering aid.
‘‘(2) ACTIONS.—Any action brought against a party
or its officers, employees, or agents on account of an
act or omission in the rendering of aid to the District
of Columbia, the Federal Government, the State of
Maryland, the Commonwealth of Virginia, or a locality, or failure to render such aid or on account of the
maintenance or use of any related equipment, facilities, or supplies may be brought only under the laws
and procedures of the State of the party rendering aid
and only in the Federal or State courts located therein. Actions against the United States under this section may be brought only in Federal courts.
‘‘(3) IMMUNITIES.—This section shall not abrogate
any other immunities from liability that any party
has under any other Federal or State law.
‘‘(e) WORKERS COMPENSATION.—
‘‘(1) COMPENSATION.—Each party shall provide for
the payment of compensation and death benefits to
injured members of the emergency forces of that
party and representatives of deceased members of
such forces if such members sustain injuries or are
killed while rendering aid to the District of Columbia, the Federal Government, the State of Maryland,
the Commonwealth of Virginia, or a locality, under a
mutual aid agreement, or engaged in training activities under a mutual aid agreement, in the same manner and on the same terms as if the injury or death
were sustained within their own jurisdiction.
‘‘(2) OTHER STATE LAW.—No party shall be liable
under the law of any State other than its own for providing for the payment of compensation and death
benefits to injured members of the emergency forces
of that party and representatives of deceased members of such forces if such members sustain injuries
or are killed while rendering aid to the District of Columbia, the Federal Government, the State of Maryland, the Commonwealth of Virginia, or a locality,
under a mutual aid agreement or engaged in training
activities under a mutual aid agreement.
‘‘(f) LICENSES AND PERMITS.—If any person holds a license, certificate, or other permit issued by any responding party evidencing the meeting of qualifications for professional, mechanical, or other skills and
assistance is requested by a receiving jurisdiction, such
person will be deemed licensed, certified, or permitted
by the receiving jurisdiction to render aid involving

Page 5501

TITLE 42—THE PUBLIC HEALTH AND WELFARE

such skill to meet a public service event, emergency or
training for any such events.’’
PILOT PROGRAM TO STUDY DESIGN AND CONSTRUCTION
OF BUILDINGS TO MINIMIZE EFFECTS OF NUCLEAR EXPLOSIONS

Pub. L. 96–342, title VII, § 704, Sept. 8, 1980, 94 Stat.
1090, required the Director of the Federal Emergency
Management Agency to establish a pilot program of designing and constructing buildings able to withstand
nuclear explosions and to submit a report to Congress
on the establishment of the pilot program no later than
Apr. 1, 1981.

§ 5196a. Mutual aid pacts between States and
neighboring countries
The Administrator shall give all practicable
assistance to States in arranging, through the
Department of State, mutual emergency preparedness aid between the States and neighboring countries.
(Pub. L. 93–288, title VI, § 612, as added Pub. L.
103–337, div. C, title XXXIV, § 3411(a)(3), Oct. 5,
1994, 108 Stat. 3105; amended Pub. L. 111–351,
§ 3(c)(2), Jan. 4, 2011, 124 Stat. 3864.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 2283 of Title 50, Appendix, War and
National Defense, prior to repeal by Pub. L. 103–337,
§ 3412(a).
AMENDMENTS
2011—Pub. L. 111–351 substituted ‘‘Administrator’’ for
‘‘Director’’.
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
sections 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.

§ 5196b. Contributions for personnel and administrative expenses
(a) General authority
To further assist in carrying out the purposes
of this subchapter, the Administrator may make
financial contributions to the States (including
interstate emergency preparedness authorities
established pursuant to section 5196(h) of this
title) for necessary and essential State and local
emergency preparedness personnel and administrative expenses, on the basis of approved plans
(which shall be consistent with the Federal
emergency response plans for emergency preparedness) for the emergency preparedness of
the States. The financial contributions to the
States under this section may not exceed onehalf of the total cost of such necessary and essential State and local emergency preparedness
personnel and administrative expenses.

§ 5196b

(b) Plan requirements
A plan submitted under this section shall—
(1) provide, pursuant to State law, that the
plan shall be in effect in all political subdivisions of the State and be mandatory on them
and be administered or supervised by a single
State agency;
(2) provide that the State shall share the financial assistance with that provided by the
Federal Government under this section from
any source determined by it to be consistent
with State law;
(3) provide for the development of State and
local emergency preparedness operational
plans, including a catastrophic incident annex,
pursuant to standards approved by the Administrator;
(4) provide for the employment of a full-time
emergency preparedness director, or deputy
director, by the State;
(5) provide that the State shall make such
reports in such form and content as the Administrator may require;
(6) make available to duly authorized representatives of the Administrator and the
Comptroller General, books, records, and papers necessary to conduct audits for the purposes of this section; and
(7) include a plan for providing information
to the public in a coordinated manner.
(c) Catastrophic incident annex
(1) Consistency
A catastrophic incident annex submitted
under subsection (b)(3) shall be—
(A) modeled after the catastrophic incident annex of the National Response Plan;
and
(B) consistent with the national preparedness goal established under section 743 of
title 6, the National Incident Management
System, the National Response Plan, and
other related plans and strategies.
(2) Consultation
In developing a catastrophic incident annex
submitted under subsection (b)(3), a State
shall consult with and seek appropriate comments from local governments, emergency response providers, locally governed multijurisdictional councils of government, and regional
planning commissions.
(d) Terms and conditions
The Administrator shall establish such other
terms and conditions as the Administrator considers necessary and proper to carry out this
section.
(e) Application of other provisions
In carrying out this section, the provisions of
section 1 5196(h) and 5197(h) of this title shall
apply.
(f) Allocation of funds
For each fiscal year concerned, the Administrator shall allocate to each State, in accordance with regulations and the total sum appropriated under this subchapter, amounts to be
made available to the States for the purposes of
1 So

in original. Probably should be ‘‘sections’’.

§ 5196c

TITLE 42—THE PUBLIC HEALTH AND WELFARE

this section. Regulations governing allocations
to the States under this subsection shall give
due regard to (1) the criticality of the areas
which may be affected by hazards with respect
to the development of the total emergency preparedness readiness of the United States, (2) the
relative state of development of emergency preparedness readiness of the State, (3) population,
and (4) such other factors as the Administrator
shall prescribe. The Administrator may reallocate the excess of any allocation not used by a
State in a plan submitted under this section.
Amounts paid to any State or political subdivision under this section shall be expended solely
for the purposes set forth in this section.
(g) Standards for State and local emergency preparedness operational plans
In approving standards for State and local
emergency preparedness operational plans pursuant to subsection (b)(3), the Administrator
shall ensure that such plans take into account
the needs of individuals with household pets and
service animals prior to, during, and following a
major disaster or emergency.
(h) 2 Submission of plan
If a State fails to submit a plan for approval
as required by this section within 60 days after
the Administrator notifies the States of the allocations under this section, the Administrator
may reallocate such funds, or portions thereof,
among the other States in such amounts as, in
the judgment of the Administrator, will best assure the adequate development of the emergency
preparedness capability of the United States.
(h) 2 Annual reports
The Administrator shall report annually to
the Congress all contributions made pursuant to
this section.
(Pub. L. 93–288, title VI, § 613, as added Pub. L.
103–337, div. C, title XXXIV, § 3411(a)(3), Oct. 5,
1994, 108 Stat. 3106; amended Pub. L. 107–188, title
I, § 151, June 12, 2002, 116 Stat. 630; Pub. L.
109–295, title VI, § 631, Oct. 4, 2006, 120 Stat. 1420;
Pub. L. 109–308, § 2, Oct. 6, 2006, 120 Stat. 1725;
Pub. L. 111–351, § 3(c)(2), Jan. 4, 2011, 124 Stat.
3864.)
CODIFICATION
Section 631(2) of Pub. L. 109–295, which directed
amendment of this section ‘‘by redesignating subsections (c) through (g) and subsections (d) through (h),
respectively’’, was executed by redesignating subsecs.
(c) to (g) as (d) to (h), respectively, to reflect the probable intent of Congress.
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 2286 of Title 50, Appendix, War and
National Defense, prior to repeal by Pub. L. 103–337,
§ 3412(a).
AMENDMENTS
2011—Pub. L. 111–351 substituted ‘‘Administrator’’ for
‘‘Director’’ wherever appearing.
2006—Subsec. (b)(3). Pub. L. 109–295, § 631(1), inserted
‘‘including a catastrophic incident annex,’’ after
‘‘plans,’’.
Subsecs. (c) to (f). Pub. L. 109–295, § 631(2), (3), added
subsec. (c) and redesignated former subsecs. (c) to (e) as
2 So

in original. Two subsecs. (h) have been enacted.

Page 5502

(d) to (f), respectively. Former subsec. (f) redesignated
(g). See Codification note above.
Subsec. (g). Pub. L. 109–308, § 2(2), added subsec. (g).
Former subsec. (g) relating to submission of plan redesignated (h).
Pub. L. 109–295, § 631(2), redesignated subsec. (f) as (g).
Former subsec. (g) relating to annual reports redesignated (h). See Codification note above.
Subsec. (h). Pub. L. 109–308, § 2(1), redesignated subsec. (g) relating to submission of plan as (h).
Pub. L. 109–295, § 631(2), redesignated subsec. (g) relating to annual reports as (h). See Codification note
above.
2002—Subsec. (b)(7). Pub. L. 107–188 added par. (7).
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
sections 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.

§ 5196c. Grants for construction of emergency operations centers
(a) Grants
The Administrator of the Federal Emergency
Management Agency may make grants to States
under this subchapter for equipping, upgrading,
and constructing State and local emergency operations centers.
(b) Federal share
Notwithstanding any other provision of this
subchapter, the Federal share of the cost of an
activity carried out using amounts from grants
made under this section shall not exceed 75 percent.
(Pub. L. 93–288, title VI, § 614, as added Pub. L.
103–337, div. C, title XXXIV, § 3411(a)(3), Oct. 5,
1994, 108 Stat. 3107; amended Pub. L. 110–53, title
II, § 202, Aug. 3, 2007, 121 Stat. 295.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 2288 of Title 50, Appendix, War and
National Defense, prior to repeal by Pub. L. 103–337,
§ 3412(a).
AMENDMENTS
2007—Pub. L. 110–53 amended section generally. Prior
to amendment, text read as follows: ‘‘Notwithstanding
any other provision of this subchapter, funds appropriated to carry out this subchapter may not be used
for the purpose of constructing emergency operating
centers (or similar facilities) in any State unless such
State matches in an equal amount the amount made
available to such State under this subchapter for such
purpose.’’
NON-FEDERAL COST SHARE
Pub. L. 108–7, div. K, title IV, § 419, Feb. 20, 2003, 117
Stat. 526, provided that: ‘‘Notwithstanding 42 U.S.C.
5196c, amounts provided in Public Law 107–117 [see

Page 5503

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Tables for classification] and subsequent appropriations Acts for the construction of emergency operations centers (or similar facilities) shall only require
a 25 percent non-Federal cost share.’’

§ 5196d. Use of funds to prepare for and respond
to hazards
Funds made available to the States under this
subchapter may be used by the States for the
purposes of preparing for hazards and providing
emergency assistance in response to hazards.
Regulations prescribed to carry out this section
shall authorize the use of emergency preparedness personnel, materials, and facilities supported in whole or in part through contributions
under this subchapter for emergency preparedness activities and measures related to hazards.
(Pub. L. 93–288, title VI, § 615, as added Pub. L.
103–337, div. C, title XXXIV, § 3411(a)(3), Oct. 5,
1994, 108 Stat. 3107.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 2289 of Title 50, Appendix, War and
National Defense, prior to repeal by Pub. L. 103–337,
§ 3412(a).

§ 5196e. Radiological Emergency Preparedness
Fund
There is hereby established in the Treasury a
Radiological Emergency Preparedness Fund,
which shall be available under the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.], as
amended, and Executive Order 12657, for offsite
radiological emergency planning, preparedness,
and response. Beginning in fiscal year 1999 and
thereafter, the Administrator of the Federal
Emergency Management Agency (FEMA) shall
promulgate through rulemaking fees to be assessed and collected, applicable to persons subject to FEMA’s radiological emergency preparedness regulations. The aggregate charges
assessed pursuant to this section during fiscal
year 1999 shall not be less than 100 percent of the
amounts anticipated by FEMA necessary for its
radiological emergency preparedness program
for such fiscal year. The methodology for assessment and collection of fees shall be fair and
equitable; and shall reflect costs of providing
such services, including administrative costs of
collecting such fees. Fees received pursuant to
this section shall be deposited in the Fund as
offsetting collections and will become available
for authorized purposes on October 1, 1999, and
remain available until expended.
(Pub. L. 105–276, title III, Oct. 21, 1998, 112 Stat.
2502; Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006,
120 Stat. 1410.)
REFERENCES IN TEXT
The Atomic Energy Act of 1954, referred to in text, is
act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954,
ch. 1073, § 1, 68 Stat. 921, and amended, which is classified generally to chapter 23 (§ 2011 et seq.) of this title.
For complete classification of this Act to the Code, see
Short Title note set out under section 2011 of this title
and Tables.
Executive Order 12657, referred to in text, is Ex. Ord.
No. 12657, Nov. 18, 1988, 53 F.R. 47513, which is set out
as a note under section 5195 of this title.

§ 5196f

and Independent Agencies Appropriations Act, 1999, and
not as part of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act which comprises this
chapter.
CHANGE OF NAME
‘‘Administrator of the Federal Emergency Management Agency’’ substituted for ‘‘Director of the Federal
Emergency Management Agency’’ on authority of section 612(c) of Pub. L. 109–295, set out as a note under
section 313 of Title 6, Domestic Security. Any reference
to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an
amendment by title VI to be considered to refer and
apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2)
of Pub. L. 109–295, set out as a note under section 313 of
Title 6.
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
sections 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.

§ 5196f. Disaster related information services
(a) In general
Consistent with section 5151(a) of this title,
the Administrator of Federal 1 Emergency Management Agency shall—
(1) identify, in coordination with State and
local governments, population groups with
limited English proficiency and take into account such groups in planning for an emergency or major disaster;
(2) ensure that information made available
to individuals affected by a major disaster or
emergency is made available in formats that
can be understood by—
(A) population groups identified under
paragraph (1); and
(B) individuals with disabilities or other
special needs; and
(3) develop and maintain an informational
clearinghouse of model language assistance
programs and best practices for State and
local governments in providing services related to a major disaster or emergency.
(b) Group size
For purposes of subsection (a), the Administrator of Federal 1 Emergency Management
Agency shall define the size of a population
group.
(Pub. L. 93–288, title VI, § 616, as added Pub. L.
109–295, title VI, § 689e, Oct. 4, 2006, 120 Stat. 1452;
amended Pub. L. 111–351, § 3(c)(2), Jan. 4, 2011, 124
Stat. 3864.)

CODIFICATION
Section was enacted as part of the Departments of
Veterans Affairs and Housing and Urban Development,

1 So in original. The word ‘‘the’’ probably should appear before
‘‘Federal’’.

§ 5197

TITLE 42—THE PUBLIC HEALTH AND WELFARE
AMENDMENTS

2011—Pub. L. 111–351 substituted ‘‘Administrator’’ for
‘‘Director’’ in subsecs. (a) and (b).

PART B—GENERAL PROVISIONS
§ 5197. Administrative authority
(a) In general
For the purpose of carrying out the powers
and duties assigned to the Administrator under
this subchapter, the Administrator may exercise
the administrative authorities provided under
this section.
(b) Advisory personnel
(1) The Administrator may employ not more
than 100 part-time or temporary advisory personnel (including not to exceed 25 subjects of the
United Kingdom or citizens of Canada) as the
Administrator considers to be necessary in carrying out the provisions of this subchapter.
(2) Persons holding other offices or positions
under the United States for which they receive
compensation, while serving as advisory personnel, shall receive no additional compensation for
such service. Other part-time or temporary advisory personnel so employed may serve without
compensation or may receive compensation at a
rate not to exceed $180 for each day of service,
plus authorized subsistence and travel, as determined by the Administrator.
(c) Services of other agency personnel and volunteers
The Administrator may—
(1) use the services of Federal agencies and,
with the consent of any State or local government, accept and use the services of State and
local agencies;
(2) establish and use such regional and other
offices as may be necessary; and
(3) use such voluntary and uncompensated
services by individuals or organizations as
may from time to time be needed.
(d) Gifts
Notwithstanding any other provision of law,
the Administrator may accept gifts of supplies,
equipment, and facilities and may use or distribute such gifts for emergency preparedness purposes in accordance with the provisions of this
subchapter.
(e) Reimbursement
The Administrator may reimburse any Federal agency for any of its expenditures or for
compensation of its personnel and use or consumption of its materials and facilities under
this subchapter to the extent funds are available.
(f) Printing
The Administrator may purchase such printing, binding, and blank-book work from public,
commercial, or private printing establishments
or binderies as the Administrator considers necessary upon orders placed by the Public Printer
or upon waivers issued in accordance with section 504 of title 44.
(g) Rules and regulations
The Administrator may prescribe such rules
and regulations as may be necessary and proper

Page 5504

to carry out any of the provisions of this subchapter and perform any of the powers and duties provided by this subchapter. The Administrator may perform any of the powers and duties
provided by this subchapter through or with the
aid of such officials of the Federal Emergency
Management Agency as the Administrator may
designate.
(h) Failure to expend contributions correctly
(1) When, after reasonable notice and opportunity for hearing to the State or other person
involved, the Administrator finds that there is a
failure to expend funds in accordance with the
regulations, terms, and conditions established
under this subchapter for approved emergency
preparedness plans, programs, or projects, the
Administrator may notify such State or person
that further payments will not be made to the
State or person from appropriations under this
subchapter (or from funds otherwise available
for the purposes of this subchapter for any approved plan, program, or project with respect to
which there is such failure to comply) until the
Administrator is satisfied that there will no
longer be any such failure.
(2) Until so satisfied, the Administrator shall
either withhold the payment of any financial
contribution to such State or person or limit
payments to those programs or projects with respect to which there is substantial compliance
with the regulations, terms, and conditions governing plans, programs, or projects hereunder.
(3) As used in this subsection, the term ‘‘person’’ means the political subdivision of any
State or combination or group thereof or any
person, corporation, association, or other entity
of any nature whatsoever, including instrumentalities of States and political subdivisions.
(Pub. L. 93–288, title VI, § 621, as added Pub. L.
103–337, div. C, title XXXIV, § 3411(a)(3), Oct. 5,
1994, 108 Stat. 3107; amended Pub. L. 111–351,
§ 3(c)(2), Jan. 4, 2011, 124 Stat. 3864.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 2253 of Title 50, Appendix, War and
National Defense, prior to repeal by Pub. L. 103–337,
§ 3412(a).
AMENDMENTS
2011—Pub. L. 111–351 substituted ‘‘Administrator’’ for
‘‘Director’’ wherever appearing.
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
sections 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.

Page 5505

TITLE 42—THE PUBLIC HEALTH AND WELFARE

§ 5197a. Security regulations
(a) Establishment
The Administrator shall establish such security requirements and safeguards, including restrictions with respect to access to information
and property as the Administrator considers
necessary.
(b) Limitations on employee access to information
No employee of the Federal Emergency Management Agency shall be permitted to have access to information or property with respect to
which access restrictions have been established
under this section, until it shall have been determined that no information is contained in
the files of the Federal Bureau of Investigation
or any other investigative agency of the Government indicating that such employee is of questionable loyalty or reliability for security purposes, or if any such information is so disclosed,
until the Federal Bureau of Investigation shall
have conducted a full field investigation concerning such person and a report thereon shall
have been evaluated in writing by the Administrator.
(c) National security positions
No employee of the Federal Emergency Management Agency shall occupy any position determined by the Administrator to be of critical
importance from the standpoint of national security until a full field investigation concerning
such employee shall have been conducted by the
Director of the Office of Personnel Management
and a report thereon shall have been evaluated
in writing by the Administrator of the Federal
Emergency Management Agency. In the event
such full field investigation by the Director of
the Office of Personnel Management develops
any data reflecting that such applicant for a position of critical importance is of questionable
loyalty or reliability for security purposes, or if
the Administrator of the Federal Emergency
Management Agency for any other reason considers it to be advisable, such investigation shall
be discontinued and a report thereon shall be referred to the Administrator of the Federal
Emergency Management Agency for evaluation
in writing. Thereafter, the Administrator of the
Federal Emergency Management Agency may
refer the matter to the Federal Bureau of Investigation for the conduct of a full field investigation by such Bureau. The result of such latter
investigation by such Bureau shall be furnished
to the Administrator of the Federal Emergency
Management Agency for action.
(d) Employee oaths
Each Federal employee of the Federal Emergency Management Agency acting under the authority of this subchapter, except the subjects of
the United Kingdom and citizens of Canada specified in section 5197(b) of this title, shall execute
the loyalty oath or appointment affidavits prescribed by the Director of the Office of Personnel Management. Each person other than a Federal employee who is appointed to serve in a
State or local organization for emergency preparedness shall before entering upon duties,
take an oath in writing before a person author-

§ 5197a

ized to administer oaths, which oath shall be
substantially as follows:
‘‘I, llllll, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear
true faith and allegiance to the same; that I
take this obligation freely, without any mental reservation or purpose of evasion; and that
I will well and faithfully discharge the duties
upon which I am about to enter.
‘‘And I do further swear (or affirm) that I do
not advocate, nor am I a member or an affiliate of any organization, group, or combination
of persons that advocates the overthrow of the
Government of the United States by force or
violence; and that during such time as I am a
member of llllll (name of emergency
preparedness organization), I will not advocate
nor become a member or an affiliate of any organization, group, or combination of persons
that advocates the overthrow of the Government of the United States by force or violence.’’
After appointment and qualification for office,
the director of emergency preparedness of any
State, and any subordinate emergency preparedness officer within such State designated by the
director in writing, shall be qualified to administer any such oath within such State under
such regulations as the director shall prescribe.
Any person who shall be found guilty of having
falsely taken such oath shall be punished as provided in section 1621 of title 18.
(Pub. L. 93–288, title VI, § 622, as added Pub. L.
103–337, div. C, title XXXIV, § 3411(a)(3), Oct. 5,
1994, 108 Stat. 3108; amended Pub. L. 111–351,
§ 3(c)(2), Jan. 4, 2011, 124 Stat. 3864.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 2255 of Title 50, Appendix, War and
National Defense, prior to repeal by Pub. L. 103–337,
§ 3412(a).
AMENDMENTS
2011—Subsec. (a). Pub. L. 111–351 substituted ‘‘Administrator’’ for ‘‘Director’’ in two places.
Subsec. (b). Pub. L. 111–351 substituted ‘‘Administrator’’ for ‘‘Director’’.
Subsec. (c). Pub. L. 111–351 substituted ‘‘determined
by the Administrator’’ for ‘‘determined by the Director’’, ‘‘writing by the Administrator’’ for ‘‘writing by
the Director’’, ‘‘or if the Administrator’’ for ‘‘or if the
Director’’, ‘‘referred to the Administrator’’ for ‘‘referred to the Director’’, ‘‘Thereafter, the Administrator’’ for ‘‘Thereafter, the Director’’, and ‘‘furnished
to the Administrator’’ for ‘‘furnished to the Director’’.
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and

§ 5197b

TITLE 42—THE PUBLIC HEALTH AND WELFARE

sections 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.

Page 5506

National Defense, prior to repeal by Pub. L. 103–337,
§ 3412(a).
AMENDMENTS

§ 5197b. Use of existing facilities

2011—Pub. L. 111–351 substituted ‘‘Administrator’’ for
‘‘Director’’ in two places.

In performing duties under this subchapter,
the Administrator—
(1) shall cooperate with the various departments and agencies of the Federal Government;
(2) shall use, to the maximum extent, the existing facilities and resources of the Federal
Government and, with their consent, the facilities and resources of the States and political subdivisions thereof, and of other organizations and agencies; and
(3) shall refrain from engaging in any form
of activity which would duplicate or parallel
activity of any other Federal department or
agency unless the Administrator, with the
written approval of the President, shall determine that such duplication is necessary to accomplish the purposes of this subchapter.

For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
sections 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.

(Pub. L. 93–288, title VI, § 623, as added Pub. L.
103–337, div. C, title XXXIV, § 3411(a)(3), Oct. 5,
1994, 108 Stat. 3110; amended Pub. L. 111–351,
§ 3(c)(2), Jan. 4, 2011, 124 Stat. 3864.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 2257 of Title 50, Appendix, War and
National Defense, prior to repeal by Pub. L. 103–337,
§ 3412(a).
AMENDMENTS
2011—Pub. L. 111–351 substituted ‘‘Administrator’’ for
‘‘Director’’ in introductory provisions and in par. (3).
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
sections 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.

§ 5197c. Annual report to Congress
The Administrator shall annually submit a
written report to the President and Congress
covering expenditures, contributions, work, and
accomplishments of the Federal Emergency
Management Agency pursuant to this subchapter, accompanied by such recommendations
as the Administrator considers appropriate.
(Pub. L. 93–288, title VI, § 624, as added Pub. L.
103–337, div. C, title XXXIV, § 3411(a)(3), Oct. 5,
1994, 108 Stat. 3110; amended Pub. L. 111–351,
§ 3(c)(2), Jan. 4, 2011, 124 Stat. 3864.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 2258 of Title 50, Appendix, War and

TRANSFER OF FUNCTIONS

§ 5197d. Applicability of subchapter
The provisions of this subchapter shall be applicable to the United States, its States, Territories and possessions, and the District of Columbia, and their political subdivisions.
(Pub. L. 93–288, title VI, § 625, as added Pub. L.
103–337, div. C, title XXXIV, § 3411(a)(3), Oct. 5,
1994, 108 Stat. 3110.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 2259 of Title 50, Appendix, War and
National Defense, prior to repeal by Pub. L. 103–337,
§ 3412(a).

§ 5197e. Authorization of appropriations and
transfers of funds
(a) Authorization of appropriations
There are authorized to be appropriated such
sums as may be necessary to carry out the provisions of this subchapter.
(b) Transfer authority
Funds made available for the purposes of this
subchapter may be allocated or transferred for
any of the purposes of this subchapter, with the
approval of the Director of the Office of Management and Budget, to any agency or government
corporation designated to assist in carrying out
this subchapter. Each such allocation or transfer shall be reported in full detail to the Congress within 30 days after such allocation or
transfer.
(Pub. L. 93–288, title VI, § 626, as added Pub. L.
103–337, div. C, title XXXIV, § 3411(a)(3), Oct. 5,
1994, 108 Stat. 3110.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 2260 of Title 50, Appendix, War and
National Defense, prior to repeal by Pub. L. 103–337,
§ 3412(a).

§ 5197f. Relation to Atomic Energy Act of 1954
Nothing in this subchapter shall be construed
to alter or modify the provisions of the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.).

Page 5507

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(Pub. L. 93–288, title VI, § 627, as added Pub. L.
103–337, div. C, title XXXIV, § 3411(a)(3), Oct. 5,
1994, 108 Stat. 3110.)
REFERENCES IN TEXT
The Atomic Energy Act of 1954, referred to in text, is
act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954,
ch. 1073, § 1, 68 Stat. 921, and amended, which is classified generally to chapter 23 (§ 2011 et seq.) of this title.
For complete classification of this Act to the Code, see
Short Title note set out under section 2011 of this title
and Tables.
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 2262 of Title 50, Appendix, War and
National Defense, prior to repeal by Pub. L. 103–337,
§ 3412(a).

§ 5197g. Federal Bureau of Investigation
Nothing in this subchapter shall be construed
to authorize investigations of espionage, sabotage, or subversive acts by any persons other
than personnel of the Federal Bureau of Investigation.
(Pub. L. 93–288, title VI, § 628, as added Pub. L.
103–337, div. C, title XXXIV, § 3411(a)(3), Oct. 5,
1994, 108 Stat. 3110.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 2263 of Title 50, Appendix, War and
National Defense, prior to repeal by Pub. L. 103–337,
§ 3412(a).

§ 5197h. Minority emergency preparedness demonstration program
(a) In general
The Administrator shall establish a minority
emergency preparedness demonstration program
to research and promote the capacity of minority communities to provide data, information,
and awareness education by providing grants to
or executing contracts or cooperative agreements with eligible nonprofit organizations to
establish and conduct such programs.
(b) Activities supported
An eligible nonprofit organization may use a
grant, contract, or cooperative agreement
awarded under this section—
(1) to conduct research into the status of
emergency preparedness and disaster response
awareness in African American and Hispanic
households located in urban, suburban, and
rural communities, particularly in those
States and regions most impacted by natural
and manmade disasters and emergencies; and
(2) to develop and promote awareness of
emergency preparedness education programs
within minority communities, including development and preparation of culturally competent educational and awareness materials
that can be used to disseminate information
to minority organizations and institutions.
(c) Eligible organizations
A nonprofit organization is eligible to be
awarded a grant, contract, or cooperative agreement under this section with respect to a program if the organization is a nonprofit organization that is described in section 501(c)(3) of title

§ 5197h

26 and exempt from tax under section 501(a) of
such title, whose primary mission is to provide
services to communities predominately populated by minority citizens, and that can demonstrate a partnership with a minority-owned
business enterprise or minority business located
in a HUBZone (as defined in section 632(p) of
title 15) with respect to the program.
(d) Use of funds
A recipient of a grant, contract, or cooperative agreement awarded under this section may
only use the proceeds of the grant, contract, or
agreement to—
(1) acquire expert professional services necessary to conduct research in communities
predominately populated by minority citizens,
with a primary emphasis on African American
and Hispanic communities;
(2) develop and prepare informational materials to promote awareness among minority
communities about emergency preparedness
and how to protect their households and communities in advance of disasters;
(3) establish consortia with minority national organizations, minority institutions of
higher education, and faith-based institutions
to disseminate information about emergency
preparedness to minority communities; and
(4) implement a joint project with a minority serving institution, including a part B institution (as defined in section 1061(2) of title
20), an institution described in subparagraph
(A), (B), or (C) of section 1063b(e)(1) 1 of title 20,
and a Hispanic-serving institution (as defined
in section 1101a(a)(5) of title 20).
(e) Application and review procedure
To be eligible to receive a grant, contract, or
cooperative agreement under this section, an organization must submit an application to the
Administrator at such time, in such manner,
and accompanied by such information as the Administrator may reasonably require. The Administrator shall establish a procedure by which
to accept such applications.
(f) Authorization of appropriation
There is authorized to be appropriated to
carry out this section $1,500,000 for fiscal year
2002 and such funds as may be necessary for fiscal years 2003 through 2007. Such sums shall remain available until expended.
(Pub. L. 93–288, title VI, § 629, as added Pub. L.
107–73, title IV, § 431, Nov. 26, 2001, 115 Stat. 697;
amended Pub. L. 111–351, § 3(c)(2), Jan. 4, 2011, 124
Stat. 3864.)
REFERENCES IN TEXT
Subparagraph (A), (B), or (C) of section 1063b(e)(1) of
title 20, referred to in subsec. (d)(4), was in the original
‘‘subparagraph (A), (B), or (C) of section 326 of that Act
(20 U.S.C. 1063b(e)(1)(A), (B), or (C))’’, which was translated as reading ‘‘subparagraph (A), (B), or (C) of section 326(e)(1) of that Act (20 U.S.C. 1063b(e)(1)(A), (B), or
(C))’’ to reflect the probable intent of Congress.
AMENDMENTS
2011—Pub. L. 111–351 substituted ‘‘Administrator’’ for
‘‘Director’’ wherever appearing.
1 See

References in Text note below.

§ 5201

TITLE 42—THE PUBLIC HEALTH AND WELFARE
TRANSFER OF FUNCTIONS

For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
sections 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.

SUBCHAPTER V—MISCELLANEOUS
§ 5201. Rules and regulations
(a)(1) The President may prescribe such rules
and regulations as may be necessary and proper
to carry out any of the provisions of this chapter, and he may exercise any power or authority
conferred on him by any section of this chapter
either directly or through such Federal agency
or agencies as he may designate.
(2) DEADLINE FOR PAYMENT OF ASSISTANCE.—
Rules and regulations authorized by paragraph
(1) shall provide that payment of any assistance
under this chapter to a State shall be completed
within 60 days after the date of approval of such
assistance.
(b) In furtherance of the purposes of this chapter, the President or his delegate may accept
and use bequests, gifts, or donations of service,
money, or property, real, personal, or mixed,
tangible, or intangible. All sums received under
this subsection shall be deposited in a separate
fund on the books of the Treasury and shall be
available for expenditure upon the certification
of the President or his delegate. At the request
of the President or his delegate, the Secretary of
the Treasury may invest and reinvest excess
monies in the fund. Such investments shall be in
public debt securities with maturities suitable
for the needs of the fund and shall bear interest
at rates determined by the Secretary of the
Treasury, taking into consideration current
market yields on outstanding marketable obligations of the United States of comparable maturities. The interest on such investments shall
be credited to, and form a part of, the fund.
(Pub. L. 93–288, title VII, § 701, formerly title VI,
§ 601, May 22, 1974, 88 Stat. 163; Pub. L. 96–446,
Oct. 13, 1980, 94 Stat. 1893; Pub. L. 100–707, title
I, § 108(a), Nov. 23, 1988, 102 Stat. 4707; renumbered title VII, § 701, Pub. L. 103–337, div. C, title
XXXIV, § 3411(a)(1), (2), Oct. 5, 1994, 108 Stat.
3100.)
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88
Stat. 143, as amended. For complete classification of
this Act to the Code, see Short Title note set out under
section 5121 of this title and Tables.
AMENDMENTS
1988—Subsec. (a). Pub. L. 100–707 designated existing
provision as par. (1) and added par. (2).

Page 5508

1980—Pub. L. 96–446 designated existing provisions as
subsec. (a) and added subsec. (b).
DEADLINE FOR ISSUANCE OF REGULATIONS
Pub. L. 100–707, title I, § 113, Nov. 23, 1988, 102 Stat.
4711, provided that: ‘‘Regulations necessary to carry
out this title and the amendments made by this title
[see Short Title of 1988 Amendment note set out under
section 5121 of this title] shall be issued no later than
the 180th day following the date of the enactment of
this Act [Nov. 23, 1988].’’
[Functions of President under section 113 of Pub. L.
100–707 delegated to Director of Federal Emergency
Management Agency by section 5 of Ex. Ord. No. 12673,
Mar. 23, 1989, 54 F.R. 12571, set out as a note under section 5195 of this title.]

§ 5202. Repealed. Pub. L. 100–707, title I, § 108(c),
Nov. 23, 1988, 102 Stat. 4708
Section, Pub. L. 93–288, title VI, § 606, May 22, 1974, 88
Stat. 164; Pub. L. 95–51, § 1, June 20, 1977, 91 Stat. 233;
Pub. L. 96–568, § 2, Dec. 22, 1980, 94 Stat. 3334, authorized
appropriations of such sums as necessary to carry out
this chapter through the close of Sept. 30, 1981.

§ 5203. Excess disaster assistance payments as
budgetary emergency requirements
Beginning in fiscal year 1993, and in each year
thereafter, notwithstanding any other provision
of law, all amounts appropriated for disaster assistance payments under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) that are in excess of either the historical annual average obligation of
$320,000,000, or the amount submitted in the
President’s initial budget request, whichever is
lower, shall be considered as ‘‘emergency requirements’’ pursuant to section 901(b)(2)(D) 1 of
title 2, and such amounts shall on and after December 12, 1991, be so designated.
(Pub. L. 102–229, title I, Dec. 12, 1991, 105 Stat.
1711.)
REFERENCES IN TEXT
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in text, is Pub. L.
93–288, May 22, 1974, 88 Stat. 143, as amended, which is
classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title
note set out under section 5121 of this title and Tables.
Section 901 of title 2, referred to in text, was amended
by Pub. L. 105–33, title X, § 10203(a)(4), Aug. 5, 1997, 111
Stat. 699, by striking out subsec. (b) and adding a new
subsec. (b). As so amended, section 901(b)(2)(D) of title
2 no longer refers to ‘‘emergency requirements’’. However, ‘‘emergency requirements’’ are referred to elsewhere in section 901.
CODIFICATION
Section was enacted as part of the Dire Emergency
Supplemental Appropriations and Transfers for Relief
From the Effects of Natural Disasters, for Other Urgent
Needs, and for Incremental Cost of ‘‘Operation Desert
Shield/Desert Storm’’ Act of 1992, and not as a part of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act which comprises this chapter.

§ 5204. Insular areas disaster survival and recovery; definitions
As used in sections 5204 to 5204c of this title—
(1) the term ‘‘insular area’’ means any of the
following: American Samoa, the Federated
1 See

References in Text note below.

Page 5509

TITLE 42—THE PUBLIC HEALTH AND WELFARE

States of Micronesia, Guam, the Marshall Islands, the Northern Mariana Islands, the Trust
Territory of the Pacific Islands, and the Virgin Islands;
(2) the term ‘‘disaster’’ means a declaration
of a major disaster by the President after September 1, 1989, pursuant to section 5170 of this
title; and
(3) the term ‘‘Secretary’’ means the Secretary of the Interior.
(Pub. L. 102–247, title II, § 201, Feb. 24, 1992, 106
Stat. 37.)
REFERENCES IN TEXT
Sections 5204 to 5204c of this title, referred to in text,
was in the original ‘‘this title’’, meaning title II of Pub.
L. 102–247, Feb. 24, 1992, 106 Stat. 37, which enacted sections 5204 to 5204c of this title and amended section 5122
of this title.
CODIFICATION
Section was enacted as part of the Omnibus Insular
Areas Act of 1992, and not as part of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
which comprises this chapter.
TERMINATION OF TRUST TERRITORY OF THE PACIFIC
ISLANDS
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title
48, Territories and Insular Possessions.

§ 5204a. Authorization of appropriations for insular areas
There are hereby authorized to be appropriated to the Secretary such sums as may be
necessary to—
(1) reconstruct essential public facilities
damaged by disasters in the insular areas that
occurred prior to February 24, 1992; and
(2) enhance the survivability of essential
public facilities in the event of disasters in the
insular areas,
except that with respect to the disaster declared
by the President in the case of Hurricane Hugo,
September 1989, amounts for any fiscal year
shall not exceed 25 percent of the estimated aggregate amount of grants to be made under sections 5170b and 5172 of this title for such disaster. Such sums shall remain available until expended.
(Pub. L. 102–247, title II, § 202, Feb. 24, 1992, 106
Stat. 37.)
CODIFICATION
Section was enacted as part of the Omnibus Insular
Areas Act of 1992, and not as part of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
which comprises this chapter.

§ 5204b. Technical assistance for insular areas
(a) Upon the declaration by the President of a
disaster in an insular area, the President, acting
through the Administrator of the Federal Emergency Management Agency, shall assess, in cooperation with the Secretary and chief executive of such insular area, the capability of the
insular government to respond to the disaster,
including the capability to assess damage; coordinate activities with Federal agencies, particularly the Federal Emergency Management Agen-

§ 5204c

cy; develop recovery plans, including recommendations for enhancing the survivability of
essential infrastructure; negotiate and manage
reconstruction contracts; and prevent the misuse of funds. If the President finds that the insular government lacks any of these or other capabilities essential to the recovery effort, then the
President shall provide technical assistance to
the insular area which the President deems necessary for the recovery effort.
(b) One year following the declaration by the
President of a disaster in an insular area, the
Secretary, in consultation with the Administrator of the Federal Emergency Management
Agency, shall submit to the Senate Committee
on Energy and Natural Resources and the House
Committee on Natural Resources a report on the
status of the recovery effort, including an audit
of Federal funds expended in the recovery effort
and recommendations on how to improve public
health and safety, survivability of infrastructure, recovery efforts, and effective use of funds
in the event of future disasters.
(Pub. L. 102–247, title II, § 203, Feb. 24, 1992, 106
Stat. 37; Pub. L. 103–437, § 15(p), Nov. 2, 1994, 108
Stat. 4594; Pub. L. 109–295, title VI, § 612(c), Oct.
4, 2006, 120 Stat. 1410.)
CODIFICATION
Section was enacted as part of the Omnibus Insular
Areas Act of 1992, and not as part of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
which comprises this chapter.
AMENDMENTS
1994—Subsec. (b). Pub. L. 103–437 substituted ‘‘House
Committee on Natural Resources’’ for ‘‘House Committee on Interior and Insular Affairs’’.
CHANGE OF NAME
‘‘Administrator of the Federal Emergency Management Agency’’ substituted for ‘‘Director of the Federal
Emergency Management Agency’’ in subsecs. (a) and
(b) on authority of section 612(c) of Pub. L. 109–295, set
out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub.
L. 109–295 or an amendment by title VI to be considered
to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under
section 313 of Title 6.
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
sections 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.

§ 5204c. Hazard mitigation for insular areas
The total of contributions under the last sentence of section 5170c of this title for the insular

§ 5205

TITLE 42—THE PUBLIC HEALTH AND WELFARE

areas shall not exceed 10 percent of the estimated aggregate amounts of grants to be made
under sections 5170b, 5172, 5173, 5174, and 5178 1 of
this title for any disaster: Provided, That the
President shall require a 50 percent local match
for assistance in excess of 10 percent of the estimated aggregate amount of grants to be made
under section 5172 of this title for any disaster.
(Pub. L. 102–247, title II, § 204, Feb. 24, 1992, 106
Stat. 38.)
REFERENCES IN TEXT
Section 5178 of this title, referred to in text, was repealed by Pub. L. 106–390, title II, § 206(c), Oct. 30, 2000,
114 Stat. 1571, effective 18 months after Oct. 30, 2000.
CODIFICATION
Section was enacted as part of the Omnibus Insular
Areas Act of 1992, and not as part of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
which comprises this chapter.

§ 5205. Disaster grant closeout procedures
(a) Statute of limitations
(1) In general
Except as provided in paragraph (2), no administrative action to recover any payment
made to a State or local government for disaster or emergency assistance under this chapter shall be initiated in any forum after the
date that is 3 years after the date of transmission of the final expenditure report for the
disaster or emergency.
(2) Fraud exception
The limitation under paragraph (1) shall
apply unless there is evidence of civil or criminal fraud.
(b) Rebuttal of presumption of record maintenance
(1) In general
In any dispute arising under this section
after the date that is 3 years after the date of
transmission of the final expenditure report
for the disaster or emergency, there shall be a
presumption that accounting records were
maintained that adequately identify the
source and application of funds provided for financially assisted activities.
(2) Affirmative evidence
The presumption described in paragraph (1)
may be rebutted only on production of affirmative evidence that the State or local government did not maintain documentation described in that paragraph.
(3) Inability to produce documentation
The inability of the Federal, State, or local
government to produce source documentation
supporting expenditure reports later than 3
years after the date of transmission of the
final expenditure report shall not constitute
evidence to rebut the presumption described in
paragraph (1).
(4) Right of access
The period during which the Federal, State,
or local government has the right to access
1 See

References in Text note below.

Page 5510

source documentation shall not be limited to
the required 3-year retention period referred
to in paragraph (3), but shall last as long as
the records are maintained.
(c) Binding nature of grant requirements
A State or local government shall not be liable for reimbursement or any other penalty for
any payment made under this chapter if—
(1) the payment was authorized by an approved agreement specifying the costs;
(2) the costs were reasonable; and
(3) the purpose of the grant was accomplished.
(Pub. L. 93–288, title VII, § 705, as added Pub. L.
106–390, title III, § 304, Oct. 30, 2000, 114 Stat.
1573.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a)(1) and (c), was
in the original ‘‘this Act’’, meaning Pub. L. 93–288, May
22, 1974, 88 Stat. 143. For complete classification of this
Act to the Code, see Short Title note set out under section 5121 of this title and Tables.

§ 5206. Buy American
(a) Compliance with chapter 83 of title 41
No funds authorized to be appropriated under
this Act or any amendment made by this Act
may be expended by an entity unless the entity,
in expending the funds, complies with chapter 83
of title 41.
(b) Debarment of persons convicted of fraudulent use of ‘‘Made in America’’ labels
(1) In general
If the Administrator of the Federal Emergency Management Agency determines that a
person has been convicted of intentionally
affixing a label bearing a ‘‘Made in America’’
inscription to any product sold in or shipped
to the United States that is not made in
America, the Administrator shall determine,
not later than 90 days after determining that
the person has been so convicted, whether the
person should be debarred from contracting
under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121
et seq.).
(2) Definition of debar
In this subsection, the term ‘‘debar’’ has the
meaning given the term in section 2393(c) of
title 10.
(Pub. L. 106–390, title III, § 306, Oct. 30, 2000, 114
Stat. 1574; Pub. L. 109–295, title VI, § 612(c), Oct.
4, 2006, 120 Stat. 1410.)
REFERENCES IN TEXT
This Act, referred to in subsec. (a), is Pub. L. 106–390,
Oct. 30, 2000, 114 Stat. 1552, known as the Disaster Mitigation Act of 2000. For complete classification of this
Act to the Code, see Short Title of 2000 Amendment
note set out under section 5121 of this title and Tables.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (b)(1), is
Pub. L. 93–288, May 22, 1974, 88 Stat. 143, as amended,
which is classified principally to this chapter. For complete classification of this Act to the Code, see Short
Title note set out under section 5121 of this title and
Tables.
CODIFICATION
In subsec. (a), ‘‘chapter 83 of title 41’’ substituted for
references to the Buy American Act on authority of

Page 5511

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which
Act enacted Title 41, Public Contracts.
Section was enacted as part of the Disaster Mitigation Act of 2000, and not as part of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
which comprises this chapter.
CHANGE OF NAME
‘‘Administrator of the Federal Emergency Management Agency’’ and ‘‘Administrator’’ substituted for
‘‘Director of the Federal Emergency Management
Agency’’ and ‘‘Director’’, respectively, in subsec. (b)(1)
on authority of section 612(c) of Pub. L. 109–295, set out
as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal
Emergency Management Agency in title VI of Pub. L.
109–295 or an amendment by title VI to be considered to
refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under
section 313 of Title 6.
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
sections 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.

§ 5207. Firearms policies
(a) Prohibition on confiscation of firearms
No officer or employee of the United States
(including any member of the uniformed services), or person operating pursuant to or under
color of Federal law, or receiving Federal funds,
or under control of any Federal official, or providing services to such an officer, employee, or
other person, while acting in support of relief
from a major disaster or emergency, may—
(1) temporarily or permanently seize, or authorize seizure of, any firearm the possession
of which is not prohibited under Federal,
State, or local law, other than for forfeiture in
compliance with Federal law or as evidence in
a criminal investigation;
(2) require registration of any firearm for
which registration is not required by Federal,
State, or local law;
(3) prohibit possession of any firearm, or
promulgate any rule, regulation, or order prohibiting possession of any firearm, in any
place or by any person where such possession
is not otherwise prohibited by Federal, State,
or local law; or
(4) prohibit the carrying of firearms by any
person otherwise authorized to carry firearms
under Federal, State, or local law, solely because such person is operating under the direction, control, or supervision of a Federal agency in support of relief from the major disaster
or emergency.
(b) Limitation
Nothing in this section shall be construed to
prohibit any person in subsection (a) from re-

§ 5208

quiring the temporary surrender of a firearm as
a condition for entry into any mode of transportation used for rescue or evacuation during a
major disaster or emergency, provided that such
temporarily surrendered firearm is returned at
the completion of such rescue or evacuation.
(c) Private rights of action
(1) In general
Any individual aggrieved by a violation of
this section may seek relief in an action at
law, suit in equity, or other proper proceeding
for redress against any person who subjects
such individual, or causes such individual to
be subjected, to the deprivation of any of the
rights, privileges, or immunities secured by
this section.
(2) Remedies
In addition to any existing remedy in law or
equity, under any law, an individual aggrieved
by the seizure or confiscation of a firearm in
violation of this section may bring an action
for return of such firearm in the United States
district court in the district in which that individual resides or in which such firearm may
be found.
(3) Attorney fees
In any action or proceeding to enforce this
section, the court shall award the prevailing
party, other than the United States, a reasonable attorney’s fee as part of the costs.
(Pub. L. 93–288, title VII, § 706, as added Pub. L.
109–295, title V, § 557, Oct. 4, 2006, 120 Stat. 1391.)
§ 5208. Disaster Relief report
The Federal Emergency Management Agency
shall on and after December 26, 2007, submit a
monthly ‘‘Disaster Relief’’ report to the Committees on Appropriations of the Senate and the
House of Representatives to include—
(1) status of the Disaster Relief fund including obligations, allocations, and amounts undistributed/unallocated;
(2) allocations, obligations, and expenditures
for Hurricanes Katrina, Rita, and Wilma and
all open disasters;
(3) information on national flood insurance
claims;
(4) obligations, allocations, and expenditures
by State for unemployment, crisis counseling,
inspections, housing assistance, manufactured
housing, public assistance, and individual assistance;
(5) mission assignment obligations by agency, including:
(A) the amounts to other agencies that are
in suspense because the Federal Emergency
Management Agency has not yet reviewed
and approved the documentation supporting
the expenditure or for which an agency has
been mission assigned but has not submitted
necessary documentation for reimbursement;
(B) an explanation if the amounts of reported obligations and expenditures do not
reflect the status of such obligations and expenditures from a government-wide perspective; and
(C) each such agency’s actual obligation
and expenditure data;

§ 5301

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(6) the amount of credit card purchases by
agency and mission assignment;
(7) specific reasons for all waivers granted
and a description of each waiver;
(8) a list of all contracts that were awarded
on a sole source or limited competition basis,
including the dollar amount, the purpose of
the contract, and the reason for the lack of
competitive award; and
(9) an estimate of when available appropriations will be exhausted, assuming an average
disaster season.
(Pub. L. 110–161, div. E, title III, Dec. 26, 2007, 121
Stat. 2064.)
CODIFICATION
Section was enacted as part of the Department of
Homeland Security Appropriations Act, 2008, and also
as part of the Consolidated Appropriations Act, 2008,
and not as part of the Robert T. Stafford Disaster Relief and Emergency Assistance Act which comprises
this chapter.

CHAPTER 69—COMMUNITY DEVELOPMENT
Sec.

5301.
5302.
5303.
5304.
5305.
5306.
5307.
5308.
5309.
5310.
5311.
5312.

5313.
5314.
5315.
5316.
5317.
5318.
5318a.
5319.
5320.
5321.

Congressional findings and declaration of purpose.
General provisions.
Grants to States, units of general local government and Indian tribes; authorizations.
Statement of activities and review.
Activities eligible for assistance.
Allocation and distribution of funds.
Special purpose grants.
Guarantee and commitment to guarantee
loans for acquisition of property.
Nondiscrimination in programs and activities.
Labor standards; rate of wages; exceptions;
enforcement powers.
Remedies for noncompliance with community
development requirements.
Use of grants for settlement of outstanding
urban renewal loans of units of general
local government.
Reporting requirements.
Consultation by Secretary with other Federal
departments, etc.
Interstate agreements or compacts; purposes.
Transition provisions.
Liquidation of superseded or inactive programs.
Urban development action grants.
John Heinz Neighborhood Development Program.
Community participation in programs.
Historic preservation requirements.
Suspension of requirements for disaster
areas.

§ 5301. Congressional findings and declaration of
purpose
(a) Critical social, economic, and environmental
problems facing Nation’s urban communities
The Congress finds and declares that the Nation’s cities, towns, and smaller urban communities face critical social, economic, and environmental problems arising in significant measure from—
(1) the growth of population in metropolitan
and other urban areas, and the concentration
of persons of lower income in central cities;
(2) inadequate public and private investment
and reinvestment in housing and other phys-

Page 5512

ical facilities, and related public and social
services, resulting in the growth and persistence of urban slums and blight and the
marked deterioration of the quality of the
urban environment; and
(3) increasing energy costs which have seriously undermined the quality and overall effectiveness of local community and housing
development activities.
(b) Establishment and maintenance of viable
urban communities; systematic and sustained action by Federal, State, and local
governments; expansion of and continuity in
Federal assistance; increased private investment; streamlining programs and improvement of functioning of agencies; action to address consequences of scarce fuel supplies
The Congress further finds and declares that
the future welfare of the Nation and the wellbeing of its citizens depend on the establishment
and maintenance of viable urban communities
as social, economic, and political entities, and
require—
(1) systematic and sustained action by Federal, State, and local governments to eliminate blight, to conserve and renew older urban
areas, to improve the living environment of
low- and moderate-income families, and to develop new centers of population growth and
economic activity;
(2) substantial expansion of and greater continuity in the scope and level of Federal assistance, together with increased private investment in support of community development activities;
(3) continuing effort at all levels of government to streamline programs and improve the
functioning of agencies responsible for planning, implementing, and evaluating community development efforts; and
(4) concerted action by Federal, State, and
local governments to address the economic
and social hardships borne by communities as
a consequence of scarce fuel supplies.
(c) Decent housing, suitable living environment,
and economic opportunities for persons of
low and moderate income; community development activities which may be supported
by Federal assistance
The primary objective of this chapter and of
the community development program of each
grantee under this chapter is the development of
viable urban communities, by providing decent
housing and a suitable living environment and
expanding economic opportunities, principally
for persons of low and moderate income. Consistent with this primary objective, not less
than 70 percent of the aggregate of the Federal
assistance provided to States and units of general local government under section 5306 of this
title and, if applicable, the funds received as a
result of a guarantee or a grant under section
5308 of this title, shall be used for the support of
activities that benefit persons of low and moderate income, and the Federal assistance provided in this chapter is for the support of community development activities which are directed toward the following specific objectives—
(1) the elimination of slums and blight and
the prevention of blighting influences and the