42 U.s.c. 5196

§ 5196

TITLE 42—THE PUBLIC HEALTH AND WELFARE
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
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

Page 5672

(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 promptly 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.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(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
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 tar-

§ 5196

get 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 standards 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.
1 See

References in Text note below.

§ 5196

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(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.)

Page 5674

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.

REFERENCES IN TEXT

NATIONAL CAPITAL REGION MUTUAL AID

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.

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
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.

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 the former Appendix to Title
50, 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.
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.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

‘‘(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.
‘‘(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.—

§ 5196

‘‘(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
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

§ 5196a

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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 the former Appendix to Title
50, 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.
(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

Page 5676

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
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
1 So

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

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

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 the former Appendix to Title
50, 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
(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).
2 So

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

§ 5196d

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 the former Appendix to Title
50, 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
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

§ 5196e

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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 the former Appendix to Title
50, 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. 919, which is classified principally
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.
CODIFICATION
Section was enacted as part of the Departments of
Veterans Affairs and Housing and Urban Development,
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.

Page 5678

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

CHANGE OF NAME
‘‘Administrator of the Federal Emergency Management Agency’’ substituted for ‘‘Director of the Federal

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

Page 5679

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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 Director of the
Government Publishing Office 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
to carry out any of the provisions of this subchapter and perform any of the powers and duties provided by this subchapter. The Adminis-

§ 5197

trator 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; Pub. L.
113–235, div. H, title I, § 1301(d), Dec. 16, 2014, 128
Stat. 2537.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 2253 of the former Appendix to Title
50, 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.
CHANGE OF NAME
‘‘Director of the Government Publishing Office’’ substituted for ‘‘Public Printer’’ in subsec. (f) on authority
of section 1301(d) of Pub. L. 113–235, set out as a note
under section 301 of Title 44, Public Printing and Documents.
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-