§5195a — Title 42 The Public Health and Welfare | U.S. Code

Summary

For these rules, some words are given clear, simple meanings. Hazard: an emergency or disaster caused by nature or by accident or people. Natural disaster: big events like hurricanes, tornadoes, storms, floods, tsunamis, earthquakes, volcanic eruptions, landslides, droughts, snowstorms, fires, or similar catastrophes that can seriously damage people or property. Emergency preparedness: actions before, during, and after a hazard to protect people and restore vital services, including planning and training, research and stockpiling, warning systems, shelters and evacuations, traffic and panic control, firefighting, rescue, medical and sanitation services, unexploded-ordnance checks, debris clearing, welfare aid, and emergency repairs. Organizational equipment: gear needed by emergency organizations (not personal items) that the federal government may help pay for, except ordinary local tools unless needed in unusually large amounts. Materials: raw materials, supplies, medicines, equipment, parts, and technical information needed for preparedness. Facilities: buildings, shelters, utilities, and land. Administrator: the head of FEMA. Neighboring countries: Canada and Mexico. “United States” and “States”: includes the states, the District of Columbia, and U.S. territories and possessions. “State” also covers interstate emergency preparedness authorities created under law. The words “national defense” and “defense” include emergency preparedness activities under these rules.

Title 42, §5195a

The Public Health and Welfare — Source: USLM XML via OLRC

(a)For purposes of this subchapter only:

(1)The term “hazard” means an emergency or disaster resulting from—

(A)a natural disaster; or

(B)an accidental or man-caused event.

(2)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)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).

(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)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)The term “materials” includes raw materials, supplies, medicines, equipment, component parts and technical information and processes necessary for emergency preparedness.

(6)The term “facilities”, except as otherwise provided in this subchapter, includes buildings, shelters, utilities, and land.

(7)The term “Administrator” means the Administrator of the Federal Emergency Management Agency.

(8)The term “neighboring countries” includes Canada and Mexico.

(9)The terms “United States” and “States” includes 11 So in original. Probably should be “include”. the several States, the District of Columbia, and territories and possessions of the United States.

(10)The term “State” includes interstate emergency preparedness authorities established under section 5196(h) of this title.

(b)The terms “national defense” and “defense,” 22 So in original. The comma probably should follow the closing quotation marks. as used in the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.),33 See References in Text note below. includes 1 emergency preparedness activities conducted pursuant to this subchapter.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Defense Production Act of 1950, referred to in subsec. (b), is act Sept. 8, 1950, ch. 932, 64 Stat. 798, which was classified to section 2061 et seq. of the former Appendix to Title 50, War and National Defense, prior to editorial reclassification and renumbering as chapter 55 (§ 4501 et seq.) of Title 50. For complete classification of this Act to the Code, see Tables.

Prior Provisions

Provisions similar to those in this section were contained in section 2252 and 2282 of the former Appendix to Title 50, 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.”

Statutory Notes and Related Subsidiaries

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 section 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.

§5195a Definitions

Summary

Title 42, §5195a

Notes & Related Subsidiaries

Editorial Notes

References in Text

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Transfer of Functions

Transfer of Functions

Citations & Metadata