42 U.S.C. § 5193 — Amount of assistance

Page 6427 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5193 (Pub. L. 93–288, title V, § 501, as added Pub. L. 100–707, title I, § 107(a), Nov. 23, 1988, 102 Stat. 4706; amended Pub. L. 113–2, div. B, § 1110(b), Jan. 29, 2013, 127 Stat. 48.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88 Stat. 143. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 5121 of this title and Tables. PRIOR PROVISIONS A prior section 501 of Pub. L. 93–288 enacted sub- chapter VIII (§ 3231 et seq.) of chapter 38 of this title. AMENDMENTS 2013—Subsec. (c). Pub. L. 113–2 added subsec. (c). § 5192. Federal emergency assistance (a) Specified In any emergency, the President may— (1) direct any Federal agency, with or with- out reimbursement, to utilize its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical and advi- sory 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 catas- trophe, 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 commu- nity services; (B) issuance of warnings of risks or haz- ards; (C) public health and safety information, including dissemination of such information; (D) provision of health and safety meas- ures; and (E) management, control, and reduction of immediate threats to public health and safe- ty; (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 assist- ance; and (8) provide accelerated Federal assistance and Federal support where necessary to save lives, prevent human suffering, or mitigate se- vere damage, which may be provided in the ab- sence 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 pro- vided; and (B) shall not, in notifying and coordi- nating with a State under subparagraph (A), delay or impede the rapid deployment, use, and distribution of critical resources to vic- tims of an emergency. (b) General Whenever the Federal assistance provided under subsection (a) with respect to an emer- gency is inadequate, the President may also pro- vide assistance with respect to efforts to save lives, protect property and public health and safety, and lessen or avert the threat of a catas- trophe, 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 nat- ural 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. (Pub. L. 93–288, title V, § 502, as added Pub. L. 100–707, title I, § 107(a), Nov. 23, 1988, 102 Stat. 4706; amended Pub. L. 106–390, title II, § 206(b), Oct. 30, 2000, 114 Stat. 1570; Pub. L. 109–295, title VI, § 681(b), Oct. 4, 2006, 120 Stat. 1444; Pub. L. 117–263, div. G, title LXXIII, § 7321(a), Dec. 23, 2022, 136 Stat. 3691.) Editorial Notes AMENDMENTS 2022—Subsec. (a)(6). Pub. L. 117–263 inserted ‘‘and sec- tion 5183 of this title’’ after ‘‘section 5174 of this title’’. 2006—Subsec. (a)(1). Pub. L. 109–295, § 681(b)(1)(A), in- serted ‘‘, 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 ‘‘tem- porary 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 AMENDMENT Amendment 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. § 5193. Amount of assistance (a) Federal share The Federal share for assistance provided under this subchapter shall be equal to not less than 75 percent of the eligible costs. Page 6428 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5195 (b) Limit on amount of assistance (1) In general Except as provided in paragraph (2), total as- sistance provided under this subchapter for a single emergency shall not exceed $5,000,000. (2) Additional assistance The limitation described in paragraph (1) may be exceeded when the President deter- mines that— (A) continued emergency assistance is im- mediately required; (B) there is a continuing and immediate risk to lives, property, public health or safe- ty; and (C) necessary assistance will not otherwise be provided on a timely basis. (3) Report Whenever the limitation described in para- graph (1) is exceeded, the President shall re- port to the Congress on the nature and extent of emergency assistance requirements and shall propose additional legislation if nec- essary. (Pub. L. 93–288, title V, § 503, as added Pub. L. 100–707, title I, § 107(a), Nov. 23, 1988, 102 Stat. 4707.) SUBCHAPTER IV–B—EMERGENCY PREPAREDNESS § 5195. Declaration of policy The purpose of this subchapter is to provide a system of emergency preparedness for the pro- tection of life and property in the United States from hazards and to vest responsibility for emergency preparedness jointly in the Federal Government and the States and their political subdivisions. The Congress recognizes that the organizational structure established jointly by the Federal Government and the States and their political subdivisions for emergency pre- paredness purposes can be effectively utilized to provide relief and assistance to people in areas of the United States struck by a hazard. The Federal Government shall provide necessary di- rection, coordination, and guidance, and shall provide necessary assistance, as authorized in this subchapter so that a comprehensive emer- gency preparedness system exists for all haz- ards. (Pub. L. 93–288, title VI, § 601, as added Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(3), Oct. 5, 1994, 108 Stat. 3100.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 2251 of the former Appendix to Title 50, War and National Defense, prior to repeal by Pub. L. 103–337, § 3412(a). Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency 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 li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. MULTIHAZARD PREPAREDNESS AND MITIGATION Pub. L. 106–74, title III, Oct. 20, 1999, 113 Stat. 1086, as amended by Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410, provided in part: ‘‘That beginning in fiscal year 2000 and each fiscal year thereafter, and not- withstanding any other provision of law, the Adminis- trator of FEMA is authorized to provide assistance from funds appropriated under this heading [EMER- GENCY MANAGEMENT PLANNING AND ASSIST- ANCE], subject to terms and conditions as the Admin- istrator of FEMA shall establish, to any State for multi-hazard preparedness and mitigation through con- solidated emergency management performance grants’’. MULTIHAZARD RESEARCH, PLANNING, AND MITIGATION; FUNCTIONS, ETC., OF FEDERAL EMERGENCY MANAGE- MENT AGENCY Pub. L. 96–472, title III, §§ 301, 302, Oct. 19, 1980, 94 Stat. 2260, as amended by Pub. L. 97–80, title III, § 301, Nov. 20, 1981, 95 Stat. 1083; Pub. L. 97–464, title II, § 201, Jan. 12, 1983, 96 Stat. 2533; Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410, provided that: ‘‘SEC. 301. It is recognized that natural and manmade hazards may not be independent of one another in any given disaster, and it is also recognized that emergency personnel are often called upon to meet emergencies outside of their primary field of service. Furthermore, planning for and responding to different hazards have certain common elements. To make maximum use of these commonalities, the Administrator of the Federal Emergency Management Agency (hereinafter referred to as the ‘Director’) is authorized and directed to: ‘‘(1) initiate, within one year after the date of en- actment of this Act [Oct. 19, 1980], studies with the objective of defining and developing a multihazard re- search, planning, and implementation process within the Agency; ‘‘(2) develop, within one year after the date of en- actment of this Act [Oct. 19, 1980], in cooperation with State and local governments, prototypical multihazard mitigation projects which can be used to evaluate several approaches to the varying hazard mitigation needs of State and local governments and to assess the applicability of these prototypes to other jurisdictions with similar needs; ‘‘(3) investigate and evaluate, within one year after the date of enactment of this Act [Oct. 19, 1980], the effectiveness of a range of incentives for hazard re- ductions that can be applied at the State and local government levels; ‘‘(4) prepare recommendations as to the need for legislation that will limit the legal liability of those third party persons or groups which are called upon to provide technical assistance and advice to public employees, including policemen, firemen, and trans- portation employees, who are generally the first to respond to a hazardous incident; which recommenda- tions shall be provided to the appropriate committees of Congress within one hundred and eighty days after the date of enactment of this Act [Oct. 19, 1980]; ‘‘(5) prepare, within one hundred and eighty days after the date of enactment of this Act [Oct. 19, 1980], a report on the status of the Agency’s emergency in- formation and communications systems which will provide recommendations on—