42 U.S.C. § 5170b — Essential assistance

Page 6392 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5170b 1 So in original. The extra comma probably should follow ‘‘medicine’’. (D) provision of health and safety meas- ures; (E) management, control, and reduction of immediate threats to public health and safe- ty; 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 assist- ance; (5) provide assistance to State and local gov- ernments for building code and floodplain management ordinance administration and en- forcement, including inspections for substan- tial damage compliance; and (6) 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 offi- cials in a State in which such assistance or support is provided; 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 a major disaster. (Pub. L. 93–288, title IV, § 402, as added Pub. L. 100–707, title I, § 106(a)(3), Nov. 23, 1988, 102 Stat. 4696; amended Pub. L. 109–295, title VI, § 681(a), Oct. 4, 2006, 120 Stat. 1444; Pub. L. 115–254, div. D, § 1206(a), Oct. 5, 2018, 132 Stat. 3440.) 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 AMENDMENT Amendment by Pub. L. 115–254 applicable to each major disaster and emergency declared by the Presi- dent 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 sec- tion 1202 of Pub. L. 115–254, set out as a note under sec- tion 5121 of this title. § 5170b. Essential assistance (a) In general Federal agencies may on the direction of the President, provide assistance essential to meet- ing immediate threats to life and property re- sulting from a major disaster, as follows: (1) Federal resources, generally Utilizing, lending, or donating to State and local governments Federal equipment, sup- plies, facilities, personnel, and other re- sources, other than the extension of credit, for use or distribution by such governments in ac- cordance with the purposes of this chapter. (2) Medicine, food, and other consumables Distributing or rendering through State and local governments, the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief and disaster assistance organizations medicine durable medical equipment,,1 food, and other consumable supplies, and other services and assistance to disaster victims. (3) Work and services to save lives and protect property Performing on public or private lands or wa- ters any work or services essential to saving lives and protecting and preserving property or public health and safety, including— (A) debris removal; (B) search and rescue, emergency medical care, emergency mass care, emergency shel- ter, and provision of food, water, medicine durable medical equipment,,1 and other es- sential needs, including movement of sup- plies or persons; (C) clearance of roads and construction of temporary bridges necessary to the perform- ance of emergency tasks and essential com- munity services; (D) provision of temporary facilities for schools and other essential community serv- ices; (E) demolition of unsafe structures which endanger the public; (F) warning of further risks and hazards; (G) dissemination of public information and assistance regarding health and safety measures; (H) provision of technical advice to State and local governments on disaster manage- ment and control; (I) reduction of immediate threats to life, property, and public health and safety; and (J) provision of rescue, care, shelter, and essential needs— (i) to individuals with household pets and service animals; and (ii) to such pets and animals. (4) Contributions Making contributions to State or local gov- ernments or owners or operators of private nonprofit facilities for the purpose of carrying out the provisions of this subsection. (b) Federal share The Federal share of assistance under this sec- tion shall be not less than 75 percent of the eli- gible cost of such assistance. (c) Utilization of DOD resources (1) General rule During the immediate aftermath of an inci- dent which may ultimately qualify for assist- Page 6393 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5170b 2 So in original. ance under this subchapter or subchapter IV-A of this chapter, the Governor of the State in which such incident occurred may request the President to direct the Secretary of Defense to utilize the resources of the Department of De- fense for the purpose of performing on public and private lands any emergency work which is made necessary by such incident and which is essential for the preservation of life and property. If the President determines that such work is essential for the preservation of life and property, the President shall grant such request to the extent the President deter- mines practicable. Such emergency work may only be carried out for a period not to exceed 10 days. (2) Rules applicable to debris removal Any removal of debris and wreckage carried out under this subsection shall be subject to section 5173(b) of this title, relating to uncon- ditional authorization and indemnification for debris removal. (3) Expenditures out of disaster relief funds The cost of any assistance provided pursuant to this subsection shall be reimbursed out of funds made available to carry out this chap- ter. (4) Federal share The Federal share of assistance under this subsection shall be not less than 75 percent. (5) Guidelines Not later than 180 days after November 23, 1988, the President shall issue guidelines for carrying out this subsection. Such guidelines shall consider any likely effect assistance under this subsection will have on the avail- ability of other forms of assistance under this chapter. (6) Definitions For purposes of this section— (A) Department of Defense The term ‘‘Department of Defense’’ has the meaning the term ‘‘department’’ has under section 101 of title 10. (B) Emergency work The term ‘‘emergency work’’ includes clearance and removal of debris and wreck- age and temporary restoration of essential public facilities and services. (d) Salaries and benefits (1) In general If the President declares a major disaster or emergency for an area within the jurisdiction of a State, tribal, or local government, the President may reimburse the State, tribal, or local government for costs relating to— (A) basic pay and benefits for permanent employees of the State, tribal, or local gov- ernment conducting emergency protective measures under this section, if— (i) the work is not typically performed by the employees; and (ii) the type of work may otherwise be carried out by contract or agreement with private organizations, firms, or individ- uals.; 2 or (B) overtime and hazardous duty com- pensation for permanent employees of the State, tribal, or local government con- ducting emergency protective measures under this section. (2) Overtime The guidelines for reimbursement for costs under paragraph (1) shall ensure that no State, tribal, or local government is denied reim- bursement for overtime payments that are re- quired pursuant to the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). (3) No effect on mutual aid pacts Nothing in this subsection shall affect the ability of the President to reimburse labor force expenses provided pursuant to an author- ized mutual aid pact. (Pub. L. 93–288, title IV, § 403, as added Pub. L. 100–707, title I, § 106(a)(3), Nov. 23, 1988, 102 Stat. 4697; amended Pub. L. 109–295, title VI, § 689(b), Oct. 4, 2006, 120 Stat. 1449; Pub. L. 109–308, § 4, Oct. 6, 2006, 120 Stat. 1726; Pub. L. 113–2, div. B, § 1108(b), Jan. 29, 2013, 127 Stat. 47; Pub. L. 115–254, div. D, § 1217(d), Oct. 5, 2018, 132 Stat. 3452.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(1) and (c)(1), (3), (5), was in the original ‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88 Stat. 143. For complete classi- fication of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables. The Fair Labor Standards Act of 1938, referred to in subsec. (d)(2), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables. PRIOR PROVISIONS A prior section 403 of Pub. L. 93–288 was renumbered section 407 by Pub. L. 100–707 and is classified to section 5173 of this title. AMENDMENTS 2018—Subsec. (a)(3)(J). Pub. L. 115–254 struck out sub- par. (J) added by Pub. L. 109–308, which was identical to subpar. (J) added by Pub. L. 109–295. See 2006 Amend- ment note below. 2013—Subsec. (d). Pub. L. 113–2 added subsec. (d). 2006—Subsec. (a)(2), (3)(B). Pub. L. 109–295, § 689(b)(1), (2)(A), inserted ‘‘durable medical equipment,’’ after ‘‘medicine’’. Subsec. (a)(3)(J). Pub. L. 109–295, § 689(b)(2)(B)–(D), and Pub. L. 109–308 amended par. (3) by adding identical subpars. (J). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–254 applicable to each major disaster and emergency declared by the Presi- dent 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 sec- tion 1202 of Pub. L. 115–254, set out as a note under sec- tion 5121 of this title. Executive Documents MAXIMIZING ASSISTANCE FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO RESPOND TO COVID–19 Memorandum of President of the United States, Mar. 1, 2022, 87 F.R. 12391, provided: Page 6394 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5170c Memorandum for the Secretary of Homeland Secu- rity [and] the Administrator of the Federal Emergency Management Agency By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Robert T. Stafford Disaster Re- lief and Emergency Assistance Act, 42 U.S.C. 5121–5207 (the ‘‘Stafford Act’’), I hereby order as follows: SECTION 1. Policy. It is the policy of my Administra- tion to combat and respond to the coronavirus disease 2019 (COVID–19) pandemic with the full capacity and ca- pability of the Federal Government to protect and sup- port our families, schools, and businesses, and to assist State, local, Tribal, and territorial governments to do the same, including through emergency and disaster as- sistance available from the Federal Emergency Man- agement Agency (FEMA) and through Federal support of the Governors’ use of the National Guard. SEC. 2. Assistance for Category B COVID–19 Emergency Protective Measures. FEMA shall provide a 100 percent Federal cost share for all work eligible for assistance under Public Assistance Category B, pursuant to sec- tions 403 (42 U.S.C. 5170b), 502 (42 U.S.C. 5192), and 503 (42 U.S.C. 5193) of the Stafford Act, including work de- scribed in section 3(a) of the Presidential Memorandum of January 21, 2021 (Memorandum to Extend Federal Support to Governors’ Use of the National Guard to Re- spond to COVID–19 and to Increase Reimbursement and Other Assistance Provided to States) [32 U.S.C. 502 note], and in section 2 of that memorandum on the Governors’ use of the National Guard, performed from January 20, 2020, through July 1, 2022. SEC. 3. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The Administrator of FEMA is authorized and di- rected to publish this memorandum in the Federal Reg- ister. J.R. BIDEN, JR. Prior provisions related to maximizing assistance from the Federal Emergency Management Agency to respond to COVID–19 were contained in the following: Memorandum of President of the United States, Dec. 27, 2021, 87 F.R. 27. Memorandum of President of the United States, Nov. 9, 2021, 86 F.R. 64055. Memorandum of President of the United States, Aug. 17, 2021, 86 F.R. 46759. Memorandum of President of the United States, Feb. 2, 2021, 86 F.R. 8281. § 5170c. Hazard mitigation (a) In general The President may contribute up to 75 percent of the cost of hazard mitigation measures which the President has determined are cost effective and which substantially reduce the risk of, or increase resilience to, future damage, hardship, loss, or suffering in any area affected by a major disaster, or any area affected by a fire for which assistance was provided under section 5187 of this title. Such measures shall be identified fol- lowing the evaluation of natural hazards under section 5165 of this title and shall be subject to approval by the President. Subject to section 5165 of this title, the total of contributions under this section for a major disaster or event under section 5187 of this title shall not exceed 15 percent for amounts not more than $2,000,000,000, 10 percent for amounts of more than $2,000,000,000 and not more than $10,000,000,000, and 7.5 percent on amounts of more than $10,000,000,000 and not more than $35,333,000,000 of the estimated aggregate amount of grants to be made (less any associ- ated administrative costs) under this chapter with respect to the major disaster or event under section 5187 of this title. (b) Property acquisition and relocation assist- ance (1) General authority In providing hazard mitigation assistance under this section in connection with flooding, the Administrator of the Federal Emergency Management Agency may provide property ac- quisition and relocation assistance for projects that meet the requirements of para- graph (2). (2) Terms and conditions An acquisition or relocation project shall be eligible to receive assistance pursuant to para- graph (1) only if— (A) the applicant for the assistance is oth- erwise eligible to receive assistance under the hazard mitigation grant program estab- lished under subsection (a); and (B) on or after December 3, 1993, the appli- cant for the assistance enters into an agree- ment with the Administrator that provides assurances that— (i) any property acquired, accepted, or from which a structure will be removed pursuant to the project will be dedicated and maintained in perpetuity for a use that is compatible with open space, rec- reational, or wetlands management prac- tices; (ii) no new structure will be erected on property acquired, accepted or from which a structure was removed under the acquisi- tion or relocation program other than— (I) a public facility that is open on all sides and functionally related to a des- ignated open space; (II) a rest room; or (III) a structure that the Adminis- trator approves in writing before the commencement of the construction of the structure; and (iii) after receipt of the assistance, with respect to any property acquired, accepted or from which a structure was removed under the acquisition or relocation pro- gram— (I) no subsequent application for addi- tional disaster assistance for any pur- pose will be made by the recipient to any Federal entity; and (II) no assistance referred to in sub- clause (I) will be provided to the appli- cant by any Federal source.