§5192 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The President can order federal agencies to use their people, equipment, supplies, and authority to help state and local officials during an emergency. The goal is to save lives, protect property and public health, and reduce the chance of a big disaster. The President can do eight kinds of actions, such as coordinating all relief from government and charities, giving technical help (like running basic services, issuing warnings, sharing health and safety information, and controlling immediate threats), providing emergency aid, clearing debris, helping distribute medicine and food, and speeding up federal help when needed. Agencies can act whether or not they are paid back. If that help is not enough, the President can provide more assistance for the same lifesaving and safety purposes. The President must also keep clear, up-to-date guidance for governors on how to ask for an emergency declaration ahead of a disaster, saying what help is available and when requests are likely to be approved.

Title 42, §5192

The Public Health and Welfare — Source: USLM XML via OLRC

(a)In any emergency, the President may—

(1)direct any Federal agency, with or without reimbursement, to utilize its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical and advisory services) in support of State and local emergency assistance efforts to save lives, protect property and public health and safety, and lessen or avert the threat of a catastrophe, including precautionary evacuations;

(2)coordinate all disaster relief assistance (including voluntary assistance) provided by Federal agencies, private organizations, and State and local governments;

(3)provide technical and advisory assistance to affected State and local governments for—

(A)the performance of essential community services;

(B)issuance of warnings of risks or hazards;

(C)public health and safety information, including dissemination of such information;

(D)provision of health and safety measures; and

(E)management, control, and reduction of immediate threats to public health and safety;

(4)provide emergency assistance through Federal agencies;

(5)remove debris in accordance with the terms and conditions of section 5173 of this title;

(6)provide assistance in accordance with section 5174 of this title and section 5183 of this title;

(7)assist State and local governments in the distribution of medicine, food, and other consumable supplies, and emergency assistance; and

(8)provide accelerated Federal assistance and Federal support where necessary to save lives, prevent human suffering, or mitigate severe damage, which may be provided in the absence of a specific request and in which case the President—

(A)shall, to the fullest extent practicable, promptly notify and coordinate with a State in which such assistance or support is provided; and

(B)shall not, in notifying and coordinating with a State under subparagraph (A), delay or impede the rapid deployment, use, and distribution of critical resources to victims of an emergency.

(b)Whenever the Federal assistance provided under subsection (a) with respect to an emergency is inadequate, the President may also provide assistance with respect to efforts to save lives, protect property and public health and safety, and lessen or avert the threat of a catastrophe, including precautionary evacuations.

(c)The President shall promulgate and maintain guidelines to assist Governors in requesting the declaration of an emergency in advance of a natural or man-made disaster (including for the purpose of seeking assistance with special needs and other evacuation efforts) under this section by defining the types of assistance available to affected States and the circumstances under which such requests are likely to be approved.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (a)(6). Pub. L. 117–263 inserted “and section 5183 of this title” after “section 5174 of this title”. 2006—Subsec. (a)(1). Pub. L. 109–295, § 681(b)(1)(A), inserted “, including precautionary evacuations” before semicolon at end. Subsec. (a)(8). Pub. L. 109–295, § 681(b)(1)(B)–(D), added par. (8). Subsec. (b). Pub. L. 109–295, § 681(b)(2), inserted “, including precautionary evacuations” before period at end. Subsec. (c). Pub. L. 109–295, § 681(b)(3), added subsec. (c). 2000—Subsec. (a)(6). Pub. L. 106–390 struck out “temporary housing” after “provide”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2022 Amendment Pub. L. 117–263, div. G, title LXXIII, § 7321(b), Dec. 23, 2022, 136 Stat. 3691, provided that: “The amendment made by subsection (a) [amending this section] shall only apply to amounts appropriated on or after the date of enactment of this Act [Dec. 23, 2022].”

Effective Date

of 2000 AmendmentAmendment by Pub. L. 106–390 effective 18 months after Oct. 30, 2000, see section 206(d) of Pub. L. 106–390, set out as a note under section 5174 of this title.

§5192 Federal emergency assistance

Summary

Title 42, §5192

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata