42 U.S.C. § 5192 — Federal emergency 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.