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42 U.S.C. § 5196 — Detailed functions of administration
Federal law — U.S. Code and appendices · legal_authorities
Page 6458
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 5196
Statutory Notes and Related Subsidiaries
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and li-
abilities of the National Infrastructure Simulation and
Analysis Center of the Department of Energy, includ-
ing 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 pro-
grams
The Administrator may prepare Federal re-
sponse 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 Ad-
ministrator may request such reports on State
plans and operations for emergency prepared-
ness 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 re-
sponsibilities
With the approval of the President, the Ad-
ministrator may delegate to other departments
and agencies of the Federal Government appro-
priate emergency preparedness responsibilities
and review and coordinate the emergency pre-
paredness activities of the departments and
agencie
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Page 6458
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 5196
Statutory Notes and Related Subsidiaries
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and li-
abilities of the National Infrastructure Simulation and
Analysis Center of the Department of Energy, includ-
ing 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 pro-
grams
The Administrator may prepare Federal re-
sponse 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 Ad-
ministrator may request such reports on State
plans and operations for emergency prepared-
ness 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 re-
sponsibilities
With the approval of the President, the Ad-
ministrator may delegate to other departments
and agencies of the Federal Government appro-
priate emergency preparedness responsibilities
and review and coordinate the emergency pre-
paredness 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 pro-
vision for necessary emergency preparedness
communications and for dissemination of warn-
ings 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 meth-
ods of treating the effects of hazards;
(2) developing shelter designs and materials
for protective covering or construction;
(3) developing equipment or facilities and ef-
fecting 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 other-
wise, 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 Regula-
tions, and per diem allowances, in lieu of sub-
sistence for trainees in attendance or the fur-
nishing of subsistence and quarters for train-
ees 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 ex-
penses.
(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 prepared-
ness information
The Administrator may publicly disseminate
appropriate emergency preparedness informa-
tion by all appropriate means.
(h) Emergency preparedness compacts
(1) The Administrator shall establish a pro-
gram supporting the development of emergency
preparedness compacts for acts of terrorism, dis-
asters, 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 govern-
ments examples of best practices in the devel-
opment of emergency preparedness compacts
and models of existing emergency prepared-
ness compacts, including agreements involv-
ing interstate jurisdictions; and
(C) completing an inventory of Federal re-
sponse capabilities for acts of terrorism, disas-
ters, 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 nego-
tiate and enter into interstate emergency pre-
paredness compacts;
(B) review the terms and conditions of such
proposed compacts in order to assist, to the
extent feasible, in obtaining uniformity be-
tween such compacts and consistency with
Federal emergency response plans and pro-
grams;
(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 mu-
tual aid for emergency preparedness purposes
in the event of a hazard which cannot be ade-
Page 6459
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 5196
1 See References in Text note below.
quately met or controlled by a State or polit-
ical subdivision thereof threatened with or ex-
periencing a hazard.
(3) A copy of each interstate emergency pre-
paredness compact shall be transmitted prompt-
ly to the Senate and the House of Representa-
tives. The consent of Congress is deemed to be
granted to each such compact upon the expira-
tion of the 60-day period beginning on the date
on which the compact is transmitted to Con-
gress.
(4) Nothing in this subsection shall be con-
strued
as
preventing
Congress
from
dis-
approving, or withdrawing at any time its con-
sent to, any interstate emergency preparedness
compact.
(i) Materials and facilities
(1) The Administrator may procure by con-
demnation or otherwise, construct, lease, trans-
port, store, maintain, renovate or distribute ma-
terials and facilities for emergency prepared-
ness, with the right to take immediate posses-
sion thereof.
(2) Facilities acquired by purchase, donation,
or other means of transfer may be occupied,
used, and improved for the purposes of this sub-
chapter before the approval of title by the At-
torney 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 pro-
visions of this subsection, but shall not acquire
fee title to property unless specifically author-
ized by law.
(4) The Administrator may procure and main-
tain under this subsection radiological, chem-
ical, bacteriological, and biological agent moni-
toring and decontamination devices and dis-
tribute such devices by loan or grant to the
States for emergency preparedness purposes,
under such terms and conditions as the Adminis-
trator 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, in-
cluding 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 fa-
cilities, and such other factors or care or treat-
ment 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 emer-
gency preparedness purposes, including the pro-
curement, 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 organiza-
tional equipment shall be equally matched by
such State from any source it determines is con-
sistent with its laws.
(5) Financial contributions to the States for
shelters and other protective facilities shall be
determined by taking the amount of funds ap-
propriated or available to the Administrator for
such facilities in each fiscal year and appor-
tioning such funds among the States in the ratio
which the urban population of the critical tar-
get areas (as determined by the Administrator)
in each State, at the time of the determination,
bears to the total urban population of the crit-
ical 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 equal-
ly matched by such State from any source it de-
termines is consistent with its laws and, if not
matched within a reasonable time, the Adminis-
trator 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 accord-
ance with State emergency preparedness pro-
grams or projects approved by the Adminis-
trator. The Administrator shall make no con-
tribution 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 judg-
ment of the Administrator, be capable of pro-
ducing 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, re-
construction, or enlargement of any facility
which the Administrator determines to be di-
rectly 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 Ad-
ministrator necessary for the use of such facil-
ity for emergency preparedness purposes.
(8) The Administrator shall submit to Con-
gress 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 perform-
ance of construction work financed with the as-
sistance of any contribution of Federal funds
made by the Administrator under this sub-
section 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 em-
ployee shall receive compensation at a rate not
Page 6460
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 5196
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 work-
day or 40 hours in the workweek, as the case
may be. The Administrator shall make no con-
tribution of Federal funds without first obtain-
ing adequate assurance that these labor stand-
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 fa-
cilities
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 dis-
position of such materials and facilities shall be
deposited into the Treasury as miscellaneous re-
ceipts.
(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.)
Editorial Notes
REFERENCES IN TEXT
Paragraph (4), referred to in subsec. (j)(6), was redes-
ignated 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 divi-
sion 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 en-
acted 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 con-
tained 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 ‘‘Emer-
gency preparedness compacts’’ for ‘‘Interstate emer-
gency 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.’’
Statutory Notes and Related Subsidiaries
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, com-
ponents, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emer-
gency 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 li-
abilities of the Federal Emergency Management Agen-
cy, including the functions of the Director of the Fed-
eral Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treat-
ment of related references, see former section 313(1) and
sections 551(d), 552(d), and 557 of Title 6, Domestic Secu-
rity, and the Department of Homeland Security Reor-
ganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
PLANNING FOR ANIMAL WELLNESS
Pub. L. 117–212, Oct. 17, 2022, 136 Stat. 2249, provided
that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Planning for Animal
Wellness Act’ or the ‘PAW Act’.
‘‘SEC. 2. WORKING GROUP GUIDELINES.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ADMINISTRATOR.—The term ‘Administrator’
means the Administrator of the Federal Emergency
Management Agency.
‘‘(2) WORKING
GROUP.—The term ‘working group’
means the advisory working group established under
subsection (b).
‘‘(b) WORKING GROUP.—Not later than 180 days after
the date of enactment of this Act [Oct. 17, 2022], the Ad-
ministrator shall establish an advisory working group.
‘‘(c) MEMBERSHIP.—The working group shall consist
of—
‘‘(1) not less than 2 representatives of State govern-
ments with experience in animal emergency manage-
ment;
‘‘(2) not less than 2 representatives of local govern-
ments with experience in animal emergency manage-
ment;
‘‘(3) not less than 2 representatives from academia;
‘‘(4) not less than 2 veterinary experts;
‘‘(5) not less than 2 representatives from nonprofit
organizations working to address the needs of house-
holds [sic] pets and service animals in emergencies or
disasters;
‘‘(6) representatives from the Federal Animal Emer-
gency Management Working Group; and
Page 6461
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 5196
‘‘(7) any other members determined necessary by
the Administrator.
‘‘(d) DUTIES.—The working group shall—
‘‘(1) encourage and foster collaborative efforts
among individuals and entities working to address
the needs of household pets, service and assistance
animals, and captive animals, as appropriate, in
emergency and disaster preparedness, response, and
recovery; and
‘‘(2) review best practices and Federal guidance, as
of the date of enactment of this Act, on congregate
and noncongregate sheltering and evacuation plan-
ning relating to the needs of household pets, service
and assistance animals, and captive animals, as ap-
propriate, in emergency and disaster preparedness,
response, and recovery.
‘‘(e) NO COMPENSATION.—The members of the working
group shall serve on the working group on a voluntary
basis.
‘‘(f) GUIDANCE DETERMINATION.—Not later than 1 year
after the date of enactment of this Act, the working
group shall determine whether the best practices and
Federal guidance described in subsection (d)(2) are suf-
ficient.
‘‘(g) NEW GUIDANCE.—Not later than 540 days after the
date of enactment of this Act, if the Administrator, in
consultation with the working group, determines that
the best practices and Federal guidance described in
subsection (d)(2) are insufficient, the Administrator, in
consultation with the working group, shall publish up-
dated Federal guidance.
‘‘(h) SUNSET.—
‘‘(1) IN
GENERAL.—Subject to paragraph (2), the
working group shall terminate on the date that is 4
years after the date of enactment of this Act.
‘‘(2) EXTENSION.—The Administrator may extend
the date described in paragraph (1) if the Adminis-
trator determines an extension is appropriate.’’
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 in-
dividuals designated by the President with respect to
the executive branch, the Chief Justice with respect
to the Federal judiciary, or the President of the Sen-
ate and Speaker of the House of Representatives with
respect to Congress, or their designees, to request as-
sistance under a mutual aid agreement for an emer-
gency or public service event.
‘‘(2) CHIEF OPERATING OFFICER.—The term ‘chief op-
erating 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 Presi-
dent, 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 oper-
ating 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 mu-
tual 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, govern-
mental 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 serv-
ices 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 abut-
ting that area and any municipalities therein.
‘‘(8) PARTY.—The term ‘party’ means the State of
Maryland, the Commonwealth of Virginia, the Dis-
trict of Columbia, and any of the localities duly exe-
cuting a Mutual Aid Agreement under this section.
‘‘(9) PUBLIC SERVICE EVENT.—The term ‘public serv-
ice event’—
‘‘(A) means any undeclared emergency, incident
or situation in preparation for or response to which
the mayor of the District of Columbia, an author-
ized representative of the Federal Government, the
Governor of the State of Maryland, the Governor of
the Commonwealth of Virginia, or the chief oper-
ating officer of a locality in the National Capital
Region, or their designees, requests or provides as-
sistance 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 emer-
gency and public service event-related exercises, test-
ing, or other activities using equipment and per-
sonnel 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 emer-
gency or public service event periods.
‘‘(b) MUTUAL AID AUTHORIZED.—
‘‘(1) IN GENERAL.—The mayor of the District of Co-
lumbia, 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 des-
ignees, acting within his or her jurisdictional pur-
view, may, in accordance with State law, enter into,
request or provide assistance under mutual aid agree-
ments with localities for—
‘‘(A) law enforcement, fire, rescue, emergency
health and medical services, transportation, com-
munications, public works and engineering, mass
care, and resource support in an emergency or pub-
lic service event;
‘‘(B) preparing for, mitigating, managing, re-
sponding 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 Mary-
land and the Commonwealth of Virginia are encour-
aged to facilitate the ability of localities to enter
into interstate mutual aid agreements in the Na-
tional 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 mis-
sions; and
‘‘(C) does not—
‘‘(i) preclude any party from entering into sup-
plementary Mutual Aid Agreements with fewer
than all the parties, or with another party; or
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TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 5196a
‘‘(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.—
‘‘(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 offi-
cers, employees, or agents rendering aid or failing to
render aid to the District of Columbia, the Federal
Government, the State of Maryland, the Common-
wealth 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 mainte-
nance 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 ren-
dering 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 local-
ity, or failure to render such aid or on account of the
maintenance or use of any related equipment, facili-
ties, 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 there-
in. Actions against the United States under this sec-
tion 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 Colum-
bia, the Federal Government, the State of Maryland,
the Commonwealth of Virginia, or a locality, under a
mutual aid agreement, or engaged in training activi-
ties under a mutual aid agreement, in the same man-
ner 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 pro-
viding for the payment of compensation and death
benefits to injured members of the emergency forces
of that party and representatives of deceased mem-
bers of such forces if such members sustain injuries
or are killed while rendering aid to the District of Co-
lumbia, the Federal Government, the State of Mary-
land, 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 li-
cense, certificate, or other permit issued by any re-
sponding party evidencing the meeting of qualifica-
tions 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 EX-
PLOSIONS
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 de-
signing 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 pre-
paredness aid between the States and neigh-
boring 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.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained 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’’.
Statutory Notes and Related Subsidiaries
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, com-
ponents, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emer-
gency 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 li-
abilities of the Federal Emergency Management Agen-
cy, including the functions of the Director of the Fed-
eral Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treat-
ment of related references, see former section 313(1) and
sections 551(d), 552(d), and 557 of Title 6, Domestic Secu-
rity, and the Department of Homeland Security Reor-
ganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
§ 5196b. Contributions for personnel and admin-
istrative 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 adminis-
trative expenses, on the basis of approved plans
(which shall be consistent with the Federal
emergency response plans for emergency pre-
paredness) for the emergency preparedness of
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5196
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.