Title 42The Public Health and WelfareRelease 119-73

§5196b Contributions for personnel and administrative expenses

Title 42 › Chapter CHAPTER 68— - DISASTER RELIEF › Subchapter SUBCHAPTER IV–B— - EMERGENCY PREPAREDNESS › Part Part A— - Powers and Duties › § 5196b

Last updated Apr 6, 2026|Official source

Summary

The Administrator may give money to States to help pay for essential emergency-preparedness staff and administrative costs. The federal share cannot be more than one-half of the total cost. To get money, a State must have an approved plan that matches federal emergency plans. The plan must apply across the whole State, be run by one State agency, share other funding sources, include operational plans and a catastrophic incident annex, hire a full-time emergency preparedness director or deputy, provide reports and records for audits, and include a way to give coordinated information to the public. The catastrophic annex must follow the National Response Plan model and be consistent with the national preparedness goal, the National Incident Management System, and related plans. States must talk with local governments and responders when making that annex. Each fiscal year the Administrator divides the available funds among the States under rules tied to the total money appropriated. The allocation rules must consider area criticality, each State’s preparedness level, population, and other factors the Administrator sets. The Administrator can reallocate funds a State does not use. If a State does not submit its plan within 60 days after being told its allocation, the Administrator may move those funds to other States. Funds must be spent only for the listed purposes. The law also says sections 5196(h) and 5197(h) apply, and the Administrator must report yearly to Congress on the contributions.

Full Legal Text

Title 42, §5196b

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

(a)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 one-half of the total cost of such necessary and essential State and local emergency preparedness personnel and administrative expenses.
(b)A plan submitted under this section shall—
(1)provide, pursuant to State law, that the plan shall be in effect in all political subdivisions of the State and be mandatory on them and be administered or supervised by a single State agency;
(2)provide that the State shall share the financial assistance with that provided by the Federal Government under this section from any source determined by it to be consistent with State law;
(3)provide for the development of State and local emergency preparedness operational plans, including a catastrophic incident annex, pursuant to standards approved by the Administrator;
(4)provide for the employment of a full-time emergency preparedness director, or deputy director, by the State;
(5)provide that the State shall make such reports in such form and content as the Administrator may require;
(6)make available to duly authorized representatives of the Administrator and the Comptroller General, books, records, and papers necessary to conduct audits for the purposes of this section; and
(7)include a plan for providing information to the public in a coordinated manner.
(c)(1)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)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)The Administrator shall establish such other terms and conditions as the Administrator considers necessary and proper to carry out this section.
(e)In carrying out this section, the provisions of section 11 So in original. Probably should be “sections”. 5196(h) and 5197(h) of this title shall apply.
(f)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 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)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)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)The Administrator shall report annually to the Congress all contributions made pursuant to this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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). 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).

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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 5196b

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73