42 U.S.C. § 5170a: General Federal assistance

Summary

When a major disaster happens, the President can order federal agencies to use their people, gear, supplies, buildings, and technical help to support state and local response and recovery, including evacuations done as a precaution. The President can also organize all disaster help from federal, state, local, and private groups. The federal government can give technical advice on running essential community services, warning people about dangers, sharing public health and safety information, providing health and safety measures, dealing with immediate threats, and planning recovery and damage assessments. It can also help deliver medicine, food, and other supplies and help enforce building and floodplain rules, including inspections for major damage. The President can speed up federal help or act without a formal request when needed to save lives, prevent suffering, or lessen severe damage. If help is given without a request, the President must quickly tell and work with officials in the affected State as much as possible, but must not delay getting critical resources to victims while doing so.

Title 42, §5170a

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

In any major disaster, 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 assistance response or recovery efforts, including precautionary evacuations;

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

(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 and hazards;

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

(D)provision of health and safety measures;

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

(F)recovery activities, including disaster impact assessments and planning;

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

(5)provide assistance to State and local governments for building code and floodplain management ordinance administration and enforcement, including inspections for substantial damage compliance; and

(6)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 officials in 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 a major disaster.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 402 of Pub. L. 93–288 was classified to section 5172 of this title prior to repeal by Pub. L. 100–707.

Amendments

2018—Pars. (5), (6). Pub. L. 115–254 added par. (5) and redesignated former par. (5) as (6). 2006—Par. (1). Pub. L. 109–295, § 681(a)(1), substituted “response or recovery efforts, including precautionary evacuations” for “efforts”. Par. (2). Pub. L. 109–295, § 681(a)(2), substituted “, including precautionary evacuations and recovery;” for semicolon at end. Par. (3)(F). Pub. L. 109–295, § 681(a)(3), added subpar. (F). Par. (5). Pub. L. 109–295, § 681(a)(4), (5), added par. (5).

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–254 applicable to each major disaster and emergency declared by the President on or after Aug. 1, 2017, and authorities provided under div. D of Pub. L. 115–254 applicable to each major disaster and emergency declared by the President on or after Jan. 1, 2016, except as otherwise provided, see section 1202 of Pub. L. 115–254, set out as a note under section 5121 of this title.

§5170a General Federal Assistance