---
kind: "section"
citation: "42 U.S.C. § 5197b"
title: "42"
title_heading: "The Public Health and Welfare"
number: "5197b"
heading: "Use of existing facilities"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/5197b"
units:
  - "Chapter 68 — Disaster Relief"
  - "Subchapter IV–B — Emergency Preparedness"
  - "Part B — General Provisions"
---

# §5197b. Use of existing facilities


In performing duties under this subchapter, the [Administrator](/usc/42/5195a.md?p=a-7)—

- (1) shall cooperate with the various departments and [agencies](/usc/42/8262.md?p=1) of the Federal Government;
- (2) shall use, to the maximum extent, the existing [facilities](/usc/42/5195a.md?p=a-6) and resources of the Federal Government and, with their consent, the [facilities](/usc/42/5195a.md?p=a-6) and resources of the [States](/usc/42/5195a.md?p=a-9) and political subdivisions thereof, and of other organizations and [agencies](/usc/42/8262.md?p=1); and
- (3) shall refrain from engaging in any form of activity which would duplicate or parallel activity of any other Federal department or [agency](/usc/42/8262.md?p=1) unless the [Administrator](/usc/42/5195a.md?p=a-7), with the written approval of the President, shall determine that such duplication is necessary to accomplish the purposes of this subchapter.

## Source credit

(Pub. L. 93–288, title VI, § 623, as added Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(3), Oct. 5, 1994, 108 Stat. 3110; 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 2257 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” in introductory provisions and in par. (3).

### 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.