Pub. L. 93–498, § 288 Stat. 1535 (, , .)
Editorial Notes
References in Text
Public Law 90–259Pub. L. 90–259, title II82 Stat. 36 section 278f of this titlePub. L. 90–259The National Commission on Fire Prevention and Control, established pursuant to , referred to in par. (1), refers to the Commission established pursuant to , §§ 201–207, , , which provisions were set out as a note under . The Commission has expired pursuant to sections 203(c) and 207 of .
Statutory Notes and Related Subsidiaries
Short Title of 2024 Amendment
Pub. L. 118–67, div. A, § 1138 Stat. 1447
Short Title of 2022 Amendment
Pub. L. 117–246, § 1136 Stat. 2345
Short Title of 2018 Amendment
Pub. L. 115–98, § 1131 Stat. 2239
Short Title of 2013 Amendment
Pub. L. 112–239, div. A, title XVIII, § 1801126 Stat. 2099
Pub. L. 112–239, div. A, title XVIII, § 1811126 Stat. 2117
Short Title of 2008 Amendment
Pub. L. 110–376, § 1122 Stat. 4056
Short Title of 2004 Amendment
Pub. L. 108–375, div. C, title XXXVI, § 3601118 Stat. 2195
Short Title of 2003 Amendment
Pub. L. 108–169, title I, § 101117 Stat. 2036
Pub. L. 108–169, title II, § 201117 Stat. 2036
Short Title of 2000 Amendment
Pub. L. 106–503, title I, § 101114 Stat. 2298
Short Title of 1997 Amendment
Pub. L. 105–108, § 1111 Stat. 2264
Short Title of 1994 Amendment
Pub. L. 103–254, § 1108 Stat. 679
Short Title of 1990 Amendment
Pub. L. 101–391, § 1104 Stat. 747
Short Title
Pub. L. 93–498, § 188 Stat. 1535
Study on Need for Federal Assistance to State and Local Communities To Fund Firefighting and Emergency Response Activities
Pub. L. 106–398, § 1 [[div. A]114 Stat. 1654 , title XVII, § 1701(b)], , , 1654A–363, required the Director of the Federal Emergency Management Agency to conduct a study in conjunction with the National Fire Protection Association related to the activities and needs of the fire services and submit a report on the results of the study to Congress within 18 months of .
Local Firefighter and Emergency Services Training
Pub. L. 104–132, title VIII, § 819110 Stat. 1316 Pub. L. 109–295, title VI, § 612(c)120 Stat. 1410
Grant Authorization .—
Authorization of Appropriations .—
Arson Prevention and Control; Congressional Findings
Pub. L. 103–254, § 2108 Stat. 679
Congressional Findings and Purpose
Pub. L. 110–376, § 2122 Stat. 4056
Pub. L. 101–391, § 2104 Stat. 747
Findings .—
Purpose .—
Waiver of Federal Liability
Pub. L. 101–391, § 7104 Stat. 752
Effect on Certain Requirements
Pub. L. 101–391, § 8104 Stat. 752
Executive Documents
REORGANIZATION PLAN NO. 3 OF 197892 Stat. 3788 43 F.R. 41943,
Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, , pursuant to the provisions of Chapter 9 of Title 5 of the United States Code.
PART I. FEDERAL EMERGENCY MANAGEMENT AGENCY
Sec. 101. Establishment of the Federal Emergency Management Agency
There is hereby established as an independent establishment in the Executive Branch, the Federal Emergency Management Agency (the “Agency”).
Sec. 102. The Director
5 U.S.C. 5313The Agency shall be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be compensated at the rate now or hereafter prescribed by law for level II of the Executive Schedule [].
Sec. 103. The Deputy Director
5 U.S.C. 5315There shall be within the Agency a Deputy Director, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be compensated at the rate now or hereafter prescribed by law for level IV of the Executive Schedule []. The Deputy Director shall perform such functions as the Director may from time to time prescribe and shall act as Director during the absence or disability of the Director or in the event of a vacancy in the Office of the Director.
Sec. 104. Associate Directors
5 U.S.C. 53155 U.S.C. 53165 U.S.C. 5332There shall be within the Agency not more than four Associate Directors, who shall be appointed by the President, by and with the advice and consent of the Senate, two of whom shall be compensated at the rate now or hereafter prescribed by law for level IV of the Executive Schedule [], one of whom shall be compensated at the rate now or hereafter prescribed by law for level V of the Executive Schedule [] and one of whom shall be compensated at the rate now or hereafter prescribed by law for GS–18 of the General Schedule [set out under ]. The Associate Directors shall perform such functions as the Director may from time to time prescribe.
Sec. 105. Regional Directors
5 U.S.C. 5332There shall be within the Agency ten regional directors who shall be appointed by the Director in the excepted service and shall be compensated at the rate now or hereafter prescribed by law for GS–16 of the General Schedule [set out under ].
Sec. 106. Performance of Functions
The Director may establish bureaus, offices, divisions, and other units within the Agency. The Director may from time to time make provision for the performance of any function of the Director by any officer, employee, or unit of the Agency.
PART II. TRANSFER OF FUNCTIONS
Sec. 201. Fire Prevention
15 U.S.C. 220115 U.S.C. 278(f)There are hereby transferred to the Director all functions vested in the Secretary of Commerce, the Administrator and Deputy Administrator of the National Fire Prevention and Control Administration, and the Superintendent of the National Academy for Fire Prevention and Control pursuant to the Federal Fire Prevention and Control Act of 1974, as amended, ( through 2219); exclusive of the functions set forth at Sections 18 and 23 of the Federal Fire Prevention and Control Act ( and 1511).
Sec. 202. Flood and Other Matters
42 U.S.C. 241442 U.S.C. 400189 Stat. 68 12 U.S.C. 1749bbbThere are hereby transferred to the Director all functions vested in the Secretary of Housing and Urban Development pursuant to the National Flood Insurance Act of 1968, as amended, and the Flood Disaster Protection Act of 1973, as amended, ( and through 4128), and Section 1 of the National Insurance Development Act of 1975, as amended, () [set out as a note under ].
Sec. 203. Emergency Broadcast System
There are hereby transferred to the Director all functions concerning the Emergency Broadcast System, which were transferred to the President and all such functions transferred to the Secretary of Commerce, by Reorganization Plan Number 1 [set out in the Appendix to Title 5, Government Organization and Employees].
PART III. GENERAL PROVISIONS
Sec. 301. Transfer and Abolishment of Agencies and Officers
15 U.S.C. 2204(c)The National Fire Prevention and Control Administration and the National Academy for Fire Prevention and Control and the positions of Administrator of said Administration and Superintendent of said Academy are hereby transferred to the Agency. The position of Deputy Administrator of said Administration (established by ) is hereby abolished.
Sec. 302. Incidental Transfers
So much of the personnel, property, records, and unexpended balances of appropriations, allocations and other funds employed, used, held, available, or to be made available in connection with the functions transferred under this Plan, as the Director of the Office of Management and Budget shall determine, shall be transferred to the appropriate agency, or component at such time or times as the Director of the Office of Management and Budget shall provide, except that no such unexpended balances transferred shall be used for purposes other than those for which the appropriation was originally made. The Director of the Office of Management and Budget shall provide for terminating the affairs of any agencies abolished herein and for such further measures and dispositions as such Director deems necessary to effectuate the purposes of this Reorganization Plan.
Sec. 303. Interim Officers
The President may authorize any persons who, immediately prior to the effective date of this Plan, held positions in the Executive Branch to which they were appointed by and with the advice and consent of the Senate, to act as Director, Deputy Director, and Associate Directors of the Agency, until those offices are for the first time filled pursuant to the provisions of this Reorganization Plan or by recess appointment, as the case may be. The President may authorize any such person to receive the compensation attached to the Office in respect of which that person so serves, in lieu of other compensation from the United States.
Sec. 304. Effective Date
Section 906 of Title 5The provisions of this Reorganization Plan shall become effective at such time or times, on or before , as the President shall specify, but not sooner than the earliest time allowable under , United States Code.
[Pursuant to Ex. Ord. 12127, , 44 F.R. 19367, this Reorg. Plan is effective ]
Message of the President
To the Congress of the United States:
Today I am transmitting Reorganization Plan No. 3 of 1978. The plan improves Federal emergency management and assistance. By consolidating emergency preparedness, mitigation and response activities, it cuts duplicative administrative costs and strengthens our ability to deal effectively with emergencies.
The plan, together with changes I will make through Executive action, would merge five agencies from the Departments of Defense, Commerce, HUD, and GSA into one new agency.
For the first time, key emergency management and assistance functions would be unified and made directly accountable to the President and Congress. This will reduce pressures for increased costs to serve similar goals.
The present situation has severely hampered Federal support of State and local emergency organizations and resources, which bear the primary responsibility for preserving life and property in times of calamity. This reorganization has been developed in close cooperation with State and local governments.
If approved by the Congress, the plan will establish the Federal Emergency Management Agency, whose Director shall report directly to the President. The National Fire Prevention and Control Administration (in the Department of Commerce), the Federal Insurance Administration (in the Department of Housing and Urban Development), and oversight responsibility for the Federal Emergency Broadcast System (now assigned in the Executive Office of the President) would be transferred to the Agency. The Agency’s Director, its Deputy Director, and its five principal program managers would be appointed by the President with the advice and consent of the Senate.
If the plan takes effect, I will assign to the Federal Emergency Management Agency all authorities and functions vested by law in the President and presently delegated to the Defense Civil Preparedness Agency (in the Department of Defense). This will include certain engineering and communications support functions for civil defense now assigned to the U.S. Army.
I will also transfer to the new Agency all authorities and functions under the Disaster Relief Acts of 1970 and 1974 [sections 4401 et seq. and 5121 et seq. of Title 42, The Public Health and Welfare] now delegated to the Federal Disaster Assistance Administration in the Department of Housing and Urban Development.
I will also transfer all Presidential authorities and functions now delegated to the Federal Preparedness Agency in the General Services Administration, including the establishment of policy for the national stockpile. The stockpile disposal function, which is statutorily assigned to the General Services Administration, would remain there. Once these steps have been taken by Executive Order, these three agencies would be abolished.
Several additional transfers of emergency preparedness and mitigation functions would complete the consolidation. These include:
Public Law 95–124Oversight of the Earthquake Hazards Reduction Program, under [section 7701 et seq. of Title 42], now carried out by the Office of Science and Technology Policy in the Executive Office of the President.
Coordination of Federal activities to promote dam safety, carried by the same Office.
Responsibility for assistance to communities in the development of readiness plans for severe weather-related emergencies, including floods, hurricanes, and tornadoes.
Coordination of natural and nuclear disaster warning systems.
Coordination of preparedness and planning to reduce the consequences of major terrorist incidents. This would not alter the present responsibility of the executive branch for reacting to the incidents themselves.
This reorganization rests on several fundamental principles:
First, Federal authorities to anticipate, prepare for, and respond to major civil emergencies should be supervised by one official responsible to the President and given attention by other officials at the highest levels.
The new Agency would be in this position. To increase White House oversight and involvement still further, I shall establish by Executive Order an Emergency Management Committee, to be chaired by the Federal Emergency Management Agency Director. Its membership shall be comprised of the Assistants to the President for National Security, Domestic Affairs and Policy and Intergovernmental Relations, and the Director, Office of Management and Budget. It will advise the President on ways to meet national civil emergencies. It will also oversee and provide guidance on the management of all Federal emergency authorities, advising the President on alternative approaches to improve performance and avoid excessive costs.
Second, an effective civil defense system requires the most efficient use of all available emergency resources. At the same time, civil defense systems, organization, and resources must be prepared to cope with any disasters which threaten our people. The Congress has clearly recognized this principle in recent changes in the civil defense legislation.
The communications, warning, evacuation, and public education processes involved in preparedness for a possible nuclear attack should be developed, tested, and used for major natural and accidental disasters as well. Consolidation of civil defense functions in the new Agency will assure that attack readiness programs are effectively integrated into the preparedness organizations and programs of State and local government, private industry, and volunteer organizations.
While serving an important “all hazards” readiness and response role, civil defense must continue to be fully compatible with and be ready to play an important role in our Nation’s overall strategic policy. Accordingly, to maintain a link between our strategic nuclear planning and our nuclear attack preparedness planning, I will make the Secretary of Defense and the National Security Council responsible for oversight of civil defense related programs and policies of the new Agency. This will also include appropriate Department of Defense support in areas like program development, technical support, research, communications, intelligence and emergency operations.
Third, whenever possible, emergency responsibilities should be extensions of the regular missions of Federal agencies. The primary task of the Federal Emergency Management Agency will be to coordinate and plan for the emergency deployment of resources that have other routine uses. There is no need to develop a separate set of Federal skills and capabilities for those rare occasions when catastrophe occurs.
Fourth, Federal hazard mitigation activities should be closely linked with emergency preparedness and response functions. This reorganization would permit more rational decisions on the relative costs and benefits of alternative approaches to disasters by making the Federal Emergency Management Agency the focal point of all Federal hazard mitigation activities and by combining these with the key Federal preparedness and response functions.
The affected hazard mitigation activities include the Federal Insurance Administration which seeks to reduce flood losses by assisting states and local governments in developing appropriate land uses and building standards and several agencies that presently seek to reduce fire and earthquake losses through research and education.
Most State and local governments have consolidated emergency planning, preparedness and response functions on an “all hazard” basis to take advantage of the similarities in preparing for and responding to the full range of potential emergencies. The Federal Government can and should follow this lead.
section 901(a) of title 5Each of the changes set forth in the plan is necessary to accomplish one or more of the purposes set forth in of the United States Code. The plan does not call for abolishing any functions now authorized by law. The provisions in the plan for the appointment and pay of any head or officer of the new agency have been found by me to be necessary.
I do not expect these actions to result in any significant changes in program expenditures for those authorities to be transferred. However, cost savings of between $10 to $15 million annually can be achieved by consolidating headquarters and regional facilities and staffs. The elimination (through attrition) of about 300 jobs is also anticipated.
The emergency planning and response authorities involved in this plan are vitally important to the security and well-being of our Nation. I urge the Congress to approve it.
The White House,
Ex. Ord. No. 12127. Transfer of Functions to Federal Emergency Management Agency
Ex. Ord. No. 12127, , 44 F.R. 19367, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, including Section 304 of Reorganization Plan No. 3 of 1978 [set out as a note under this section], and in order to provide for the orderly activation of the Federal Emergency Management Agency, it is hereby ordered as follows:
1–101. Reorganization Plan No. 3 of 1978 (43 FR 41943), which establishes the Federal Emergency Management Agency, provides for the transfer of functions, and the transfer and abolition of agencies and offices, is hereby effective.
1–102. The Director of the Office of Management and Budget shall, in accord with Section 302 of the Reorganization Plan, provide for all the appropriate transfers, including those transfers related to all the functions transferred from the Department of Commerce, the Department of Housing and Urban Development, and the President.
Public Law 95–42215 U.S.C. 220115 U.S.C. 278fPublic Law 95–42215 U.S.C. 22201–103. (a) The functions transferred from the Department of Commerce are those vested in the Secretary of Commerce, the Administrator and Deputy Administrator of the National Fire Prevention and Control Administration (now the United States Fire Administration (Sec. 2(a) of )), and the Superintendent of the National Academy for Fire Prevention and Control pursuant to the Federal Fire Prevention and Control Act of 1974, as amended ( et seq.) [this chapter] but not including any functions vested by the amendments made to other acts by Sections 18 and 23 of that Act ( and 1511). The functions vested in the Administrator by Sections 24 and 25 of that Act, as added by Sections 3 and 4 of ( and 2221), are not transferred to the Director of the Federal Emergency Management Agency. Those functions are transferred with the Administrator and remain vested in him. (Section 201 of the Plan.)
section 305 of Title 47(b) There was also transferred from the Department of Commerce any function concerning the Emergency Broadcast System which was transferred to the Secretary of Commerce by Section 5B of Reorganization Plan No. 1 of 1977 (42 FR 56101; implemented by Executive Order No. 12046 of ) [set out in Title 5, Appendix, Government Organization and Employees; set out as a note under , Telecommunications]. (Section 203 of the Plan.)
42 U.S.C. 2414(e)42 U.S.C. 400142 U.S.C. 400112 U.S.C. 1735d(b)12 U.S.C. 1749bbbSection 1 of Public Law 94–1312 U.S.C. 1749bbb1–104. The functions transferred from the Department of Housing and Urban Development are those vested in the Secretary of Housing and Urban Development pursuant to Section 15(e) of the Federal Flood Insurance Act of 1956, as amended (), and the National Flood Insurance Act of 1968, as amended [ et seq.] and the Flood Disaster Protection Act of 1973, as amended ( et seq.), and Section 520(b) of the National Housing Act, as amended (), to the extent necessary to borrow from the Treasury to make payments for reinsured and directly insured losses, and Title XII of the National Housing Act, as amended ([formerly] et seq., and as explained in Section 1 of the National Insurance Development Act of 1975 ( [formerly] at note)). (Section 202 of the Plan.)
section 305 of Title 471–105. The functions transferred from the President are those concerning the Emergency Broadcast System which were transferred to the President by Section 5 of Reorganization Plan No. 1 of 1977 (42 FR 56101; implemented by Executive Order No. 12046 of ) [set out in Title 5, Appendix, Government Organization and Employees; set out as a note under , Telecommunications]. (Section 203 of the Plan.)
1–106. This Order shall be effective Sunday, .