PRIA, Government Policy, Made Personal

Summary

The President can order federal agencies to use their people, equipment, supplies, and other resources to help state and local governments during any emergency. The goal is to save lives, protect homes and public health, and prevent big disasters, including evacuations. The President can run and coordinate all disaster help from federal, state, local, and private groups. He can give technical advice on essential services, warnings, health and safety information, and how to reduce immediate threats. The federal government can clear debris (see section 5173), provide other disaster aid (see sections 5174 and 5183), and help get medicine, food, and supplies to people. The President may send fast help even without a formal request but must, as quickly as possible, notify and work with the State without slowing down critical aid. If initial federal help is not enough, the President may provide more help to save lives, protect property, and lessen the danger. The President must also create and keep up-to-date guidelines to help Governors ask for an emergency declaration ahead of disasters. Those guidelines must explain the kinds of help available and when requests are likely to be approved, including help for special needs and evacuations.

Title 42, §5192

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

(a)Specified

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)General

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)Guidelines

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