--- kind: "section" citation: "42 U.S.C. § 5197a" title: "42" title_heading: "The Public Health and Welfare" number: "5197a" heading: "Security regulations" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/5197a" units: - "Chapter 68 — Disaster Relief" - "Subchapter IV–B — Emergency Preparedness" - "Part B — General Provisions" --- # §5197a. Security regulations - (a) **Establishment—** The [Administrator](/usc/42/5195a.md?p=a-7) shall establish such security requirements and safeguards, including restrictions with respect to access to information and property as the [Administrator](/usc/42/5195a.md?p=a-7) considers necessary. - (b) **Limitations on employee access to information—** No employee of the Federal [Emergency](/usc/42/5122.md?p=1) Management [Agency](/usc/42/8262.md?p=1) shall be permitted to have access to information or property with respect to which access restrictions have been established under this section, until it shall have been determined that no information is contained in the files of the Federal Bureau of Investigation or any other investigative [agency](/usc/42/8262.md?p=1) of the Government indicating that such employee is of questionable loyalty or reliability for security purposes, or if any such information is so disclosed, until the Federal Bureau of Investigation shall have conducted a full field investigation concerning such person and a report thereon shall have been evaluated in writing by the [Administrator](/usc/42/5195a.md?p=a-7). - (c) **National security positions—** No employee of the Federal [Emergency](/usc/42/5122.md?p=1) Management [Agency](/usc/42/8262.md?p=1) shall occupy any position determined by the [Administrator](/usc/42/5195a.md?p=a-7) to be of critical importance from the standpoint of national security until a full field investigation concerning such employee shall have been conducted by the [Director](/usc/42/11851.md?p=5) of the Office of Personnel Management and a report thereon shall have been evaluated in writing by the [Administrator](/usc/42/5195a.md?p=a-7) of the Federal [Emergency](/usc/42/5122.md?p=1) Management [Agency](/usc/42/8262.md?p=1). In the event such full field investigation by the [Director](/usc/42/11851.md?p=5) of the Office of Personnel Management develops any data reflecting that such applicant for a position of critical importance is of questionable loyalty or reliability for security purposes, or if the [Administrator](/usc/42/5195a.md?p=a-7) of the Federal [Emergency](/usc/42/5122.md?p=1) Management [Agency](/usc/42/8262.md?p=1) for any other reason considers it to be advisable, such investigation shall be discontinued and a report thereon shall be referred to the [Administrator](/usc/42/5195a.md?p=a-7) of the Federal [Emergency](/usc/42/5122.md?p=1) Management [Agency](/usc/42/8262.md?p=1) for evaluation in writing. Thereafter, the [Administrator](/usc/42/5195a.md?p=a-7) of the Federal [Emergency](/usc/42/5122.md?p=1) Management [Agency](/usc/42/8262.md?p=1) may refer the matter to the Federal Bureau of Investigation for the conduct of a full field investigation by such Bureau. The result of such latter investigation by such Bureau shall be furnished to the [Administrator](/usc/42/5195a.md?p=a-7) of the Federal [Emergency](/usc/42/5122.md?p=1) Management [Agency](/usc/42/8262.md?p=1) for action. - (d) **Employee oaths—** Each Federal employee of the Federal [Emergency](/usc/42/5122.md?p=1) Management [Agency](/usc/42/8262.md?p=1) acting under the authority of this subchapter, except the subjects of the United Kingdom and citizens of Canada specified in [section 5197(b) of this title](/usc/42/5197.md?p=b), shall execute the loyalty oath or appointment affidavits prescribed by the [Director](/usc/42/11851.md?p=5) of the Office of Personnel Management. Each person other than a Federal employee who is appointed to serve in a [State](/usc/42/5122.md?p=4) or local organization for [emergency preparedness](/usc/42/5195a.md?p=a-3) shall before entering upon duties, take an oath in writing before a person authorized to administer oaths, which oath shall be substantially as follows: “I, ______, do solemnly swear (or affirm) that I will support and defend the Constitution of the [United States](/usc/42/5122.md?p=3) against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. “And I do further swear (or affirm) that I do not advocate, nor am I a member or an affiliate of any organization, group, or combination of persons that advocates the overthrow of the Government of the [United States](/usc/42/5122.md?p=3) by force or violence; and that during such time as I am a member of ______ (name of [emergency preparedness](/usc/42/5195a.md?p=a-3) organization), I will not advocate nor become a member or an affiliate of any organization, group, or combination of persons that advocates the overthrow of the Government of the [United States](/usc/42/5122.md?p=3) by force or violence.” After appointment and qualification for office, the [director](/usc/42/11851.md?p=5) of [emergency preparedness](/usc/42/5195a.md?p=a-3) of any [State](/usc/42/5122.md?p=4), and any subordinate [emergency preparedness](/usc/42/5195a.md?p=a-3) officer within such [State](/usc/42/5122.md?p=4) designated by the [director](/usc/42/11851.md?p=5) in writing, shall be qualified to administer any such oath within such [State](/usc/42/5122.md?p=4) under such regulations as the [director](/usc/42/11851.md?p=5) shall prescribe. Any person who shall be found guilty of having falsely taken such oath shall be punished as provided in [section 1621 of title 18](/usc/18/1621.md). ## Source credit (Pub. L. 93–288, title VI, § 622, as added Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(3), Oct. 5, 1994, 108 Stat. 3108; amended Pub. L. 111–351, § 3(c)(2), Jan. 4, 2011, 124 Stat. 3864.) ## Notes ### Editorial Notes ### Prior Provisions Provisions similar to those in this section were contained in section 2255 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). Pub. L. 111–351 substituted “Administrator” for “Director” in two places. Subsec. (b). Pub. L. 111–351 substituted “Administrator” for “Director”. Subsec. (c). Pub. L. 111–351 substituted “determined by the Administrator” for “determined by the Director”, “writing by the Administrator” for “writing by the Director”, “or if the Administrator” for “or if the Director”, “referred to the Administrator” for “referred to the Director”, “Thereafter, the Administrator” for “Thereafter, the Director”, and “furnished to the Administrator” for “furnished to the Director”. ### 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 sections 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.