Executive Order 12966: Foreign Disaster Assistance

President: Bill Clinton

Directed the Defense Secretary to provide life-saving disaster assistance abroad under statutory safeguards and in coordination with the State Department and USAID.

Status: In effect.

Is Executive Order 12966 still in effect? Yes. Continuing delegation for Defense assistance under 10 U.S.C. § 404.

What does Executive Order 12966 do?

EO 12966 implements 10 U.S.C. § 404. It directs the Secretary of Defense to provide disaster assistance outside the United States when necessary to prevent loss of life, but only at the President’s direction, with the Secretary of State’s concurrence, or in an urgent life-saving emergency followed by consultation. Defense must consult the USAID Administrator in the Administrator’s disaster-coordination role. The statute and delegation remain part of the current legal framework.

Administration position: The order enables rapid military help in disasters. It does not create an unlimited independent power for Defense to conduct foreign assistance without the statutory and interagency conditions.
SignedJuly 14, 1995
EffectiveJuly 15, 1995
ImplementerSecretary of Defense

Before and after

Before the order

Congress had newly authorized Defense disaster assistance in 10 U.S.C. § 404.

After the order

The President supplied operating direction, notification delegation and State-USAID coordination rules.

Who had to do what

Agency / officeActionTiming / position
Defense SecretaryProvide assistance necessary to prevent loss of lifeWhen section 2 conditions are met
Defense SecretaryPerform statutory congressional notificationsFor covered assistance
Defense DepartmentConsult the USAID AdministratorWhen providing covered aid

What happened next

Congress enacted the section 404 authority.

EO 12966 implemented it.

The order took effect.

The statutory framework remained in force.