
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5195a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 68--DISASTER RELIEF
 
                 SUBCHAPTER IV-B--EMERGENCY PREPAREDNESS
 
Sec. 5195a. Definitions


(a) Definitions

    For purposes of this subchapter only:

                             (1) Hazard

        The term ``hazard'' means an emergency or disaster resulting 
    from--
            (A) a natural disaster; or
            (B) an accidental or man-caused event.

                        (2) Natural disaster

        The term ``natural disaster'' means any hurricane, tornado, 
    storm, flood, high water, wind-driven water, tidal wave, tsunami, 
    earthquake, volcanic eruption, landslide, mudslide, snowstorm, 
    drought, fire, or other catastrophe in any part of the United States 
    which causes, or which may cause, substantial damage or injury to 
    civilian property or persons.

                     (3) Emergency preparedness

        The term ``emergency preparedness'' means all those activities 
    and measures designed or undertaken to prepare for or minimize the 
    effects of a hazard upon the civilian population, to deal with the 
    immediate emergency conditions which would be created by the hazard, 
    and to effectuate emergency repairs to, or the emergency restoration 
    of, vital utilities and facilities destroyed or damaged by the 
    hazard. Such term includes the following:
            (A) Measures to be undertaken in preparation for anticipated 
        hazards (including the establishment of appropriate 
        organizations, operational plans, and supporting agreements, the 
        recruitment and training of personnel, the conduct of research, 
        the procurement and stockpiling of necessary materials and 
        supplies, the provision of suitable warning systems, the 
        construction or preparation of shelters, shelter areas, and 
        control centers, and, when appropriate, the non-military 
        evacuation of the civilian population).
            (B) Measures to be undertaken during a hazard (including the 
        enforcement of passive defense regulations prescribed by duly 
        established military or civil authorities, the evacuation of 
        personnel to shelter areas, the control of traffic and panic, 
        and the control and use of lighting and civil communications).
            (C) Measures to be undertaken following a hazard (including 
        activities for fire fighting, rescue, emergency medical, health 
        and sanitation services, monitoring for specific dangers of 
        special weapons, unexploded bomb reconnaissance, essential 
        debris clearance, emergency welfare measures, and immediately 
        essential emergency repair or restoration of damaged vital 
        facilities).

                    (4) Organizational equipment

        The term ``organizational equipment'' means equipment determined 
    by the Director to be necessary to an emergency preparedness 
    organization, as distinguished from personal equipment, and of such 
    a type or nature as to require it to be financed in whole or in part 
    by the Federal Government. Such term does not include those items 
    which the local community normally uses in combating local 
    disasters, except when required in unusual quantities dictated by 
    the requirements of the emergency preparedness plans.

                            (5) Materials

        The term ``materials'' includes raw materials, supplies, 
    medicines, equipment, component parts and technical information and 
    processes necessary for emergency preparedness.

                           (6) Facilities

        The term ``facilities'', except as otherwise provided in this 
    subchapter, includes buildings, shelters, utilities, and land.

                            (7) Director

        The term ``Director'' means the Director of the Federal 
    Emergency Management Agency.

                      (8) Neighboring countries

        The term ``neighboring countries'' includes Canada and Mexico.

                    (9) United States and States

        The terms ``United States'' and ``States'' includes \1\ the 
    several States, the District of Columbia, and territories and 
    possessions of the United States.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``include''.
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                             (10) State

        The term ``State'' includes interstate emergency preparedness 
    authorities established under section 5196(h) of this title.

(b) Cross reference

    The terms ``national defense'' and ``defense'', as used in the 
Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), includes 
\1\ emergency preparedness activities conducted pursuant to this 
subchapter.

(Pub. L. 93-288, title VI, Sec. 602, as added Pub. L. 103-337, div. C, 
title XXXIV, Sec. 3411(a)(3), Oct. 5, 1994, 108 Stat. 3101.)

                       References in Text

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


                            Prior Provisions

    Provisions similar to those in this section were contained in 
sections 2252 and 2282 of Title 50, Appendix, War and National Defense, 
prior to repeal by Pub. L. 103-337, Sec. 3412(a).
