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

Federal law — U.S. Code and appendices · legal_authorities

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

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Stable record: federal_law:legal_authorities:record_usc_4220c7d7cc58030d2fb916eb
Source file: Laws/federal/codes/united-states-code/title-42/section-5192-federal-emergency-assistance--c2887412aa.md
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Source location: Title 42, Chapter 68, § 5192; chapter-068-disaster-relief.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5173&num=0&edition=prelim); (6) provide assistance in accordance with [section 5174 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5174&num=0&edition=prelim) and [section 5183 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5183&num=0&edition=prelim); (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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5174 — Federal assistance to individuals and households

**(a) In general** (1) **Provision of assistance** — In accordance with this section, the President, in consultation with the Governor of a State, may provide financial assistance, and, if necessary, direct services, to individuals and households in the State who, as a direct result of a major disaster, have necessary expenses and serious needs in cases in which the individuals and households are unable to meet such expenses or needs through other means. (2) **Relationship to other assistance** — Under paragraph (1), an individual or household shall not be denied assistance under paragraph (1), (3), or (4) of subsection (c) solely on the basis that the individual or household has not applied for or received any loan or other financial assistance from the Small Business Administration or any other Federal agency. **(b) Housing assistance** (1) **Eligibility** — The President may provide financial or other assistance under this section to individuals and households to respond to the disaster-related housing needs of individuals and households who are displaced from their predisaster primary residences or whose predisaster primary residences are rendered uninhabitable, or with respect to individuals with disabilities, rendered inaccessible or uninhabitable, as a result of damage caused by a major disaster. (2) **Determination of appropriate types of assistance** (A) *In general* — The President shall determine appropriate types of housing assistance to be provided under this section to individuals and households described in subsection (a)(1) based on considerations of cost effectiveness, convenience to the individuals and households, and such other factors as the President may consider appropriate. (B) *Multiple types of assistance* — One or more types of housi

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5174

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5183 — Crisis counseling assistance and training

**(a) In general** The President is authorized to provide professional counseling services, including financial assistance to State or local agencies or private mental health organizations to provide such services or training of disaster workers, to victims of major disasters in order to relieve mental health problems caused or aggravated by such major disaster or its aftermath. **(b) Training** Each State, local agency, or private mental health organization providing professional counseling services described in subsection (a) shall ensure that, any individual providing professional counseling services to victims of a major disaster as authorized under subsection (a), including individuals working for nonprofit partners and recovery organizations, is appropriately trained to address impacts from major disasters in communities, and to individuals, with socio-economically disadvantaged backgrounds.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5183

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5173 — Debris removal

**(a) Presidential authority** The President, whenever he determines it to be in the public interest, is authorized— (1) through the use of Federal departments, agencies, and instrumentalities, to clear debris and wreckage resulting from a major disaster from publicly and privately owned lands and waters; and (2) to make grants to any State or local government or owner or operator of a private nonprofit facility for the purpose of removing debris or wreckage resulting from a major disaster from publicly or privately owned lands and waters. **(b) Authorization by State or local government; indemnification agreement** No authority under this section shall be exercised unless the affected State or local government shall first arrange an unconditional authorization for removal of such debris or wreckage from public and private property, and, in the case of removal of debris or wreckage from private property, shall first agree to indemnify the Federal Government against any claim arising from such removal. **(c) Rules relating to large lots** The President shall issue rules which provide for recognition of differences existing among urban, suburban, and rural lands in implementation of this section so as to facilitate adequate removal of debris and wreckage from large lots. **(d) Federal share** The Federal share of assistance under this section shall be not less than 75 percent of the eligible cost of debris and wreckage removal carried out under this section. **(e) Expedited payments** (1) **Grant assistance** — In making a grant under subsection (a)(2), the President shall provide not less than 50 percent of the President’s initial estimate of the Federal share of assistance as an initial payment in accordance with paragraph (2). (2) **Date of payment** — Not late

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5173

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Federal law — U.S. Code and appendices · legal_authorities

32 U.S.C. § 502 — Required drills and field exercises

**(a)** Under regulations to be prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, each company, battery, squadron, and detachment of the National Guard, unless excused by the Secretary concerned, shall— (1) assemble for drill and instruction, including indoor target practice, at least 48 times each year; and (2) participate in training at encampments, maneuvers, outdoor target practice, or other exercises, at least 15 days each year. However, no member of such unit who has served on active duty for one year or longer shall be required to participate in such training if the first day of such training period falls during the last one hundred and twenty days of his required membership in the National Guard. **(b)** An assembly for drill and instruction may consist of a single ordered formation of a company, battery, squadron, or detachment, or, when authorized by the Secretary concerned, a series of ordered formations of parts of those organizations. However, to have a series of formations credited as an assembly for drill and instruction, all parts of the unit must be included in the series within 90 consecutive days. **(c)** The total attendance at the series of formations constituting an assembly shall be counted as the attendance at that assembly for the required period. No member may be counted more than once or receive credit for more than one required period of attendance, regardless of the number of formations that he attends during the series constituting the assembly for the required period. **(d)** No organization may receive credit for an assembly for drill or indoor target practice unless— (1) the number of members present equals or exceeds the minimum number prescribed by the President; (2) the period of mil

Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 502

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Federal law — U.S. Code and appendices · legal_authorities

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

**(a) In general** Federal agencies may on the direction of the President, provide assistance essential to meeting immediate threats to life and property resulting from a major disaster, as follows: (1) **Federal resources, generally** — Utilizing, lending, or donating to State and local governments Federal equipment, supplies, facilities, personnel, and other resources, other than the extension of credit, for use or distribution by such governments in accordance 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,,11 So in original. The extra comma probably should follow “medicine”. 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 waters 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 shelter, and provision of food, water, medicine durable medical equipment,,1 and other essential needs, including movement of supplies or persons; (C) clearance of roads and construction of temporary bridges necessary to the performance of emergency tasks and essential community services; (D) provision of temporary facilities for schools and other essential community services; (E) demolition of unsafe structures which endanger the public; (F) warning of further risks and hazards; (G)

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5170b

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5191 — Procedure for declaration

**(a) Request and declaration** All requests for a declaration by the President that an emergency exists shall be made by the Governor of the affected State. Such a request shall be based on a finding that the situation is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary. As a part of such request, and as a prerequisite to emergency assistance under this chapter, the Governor shall take appropriate action under State law and direct execution of the State’s emergency plan. The Governor shall furnish information describing the State and local efforts and resources which have been or will be used to alleviate the emergency, and will define the type and extent of Federal aid required. Based upon such Governor’s request, the President may declare that an emergency exists. **(b) Certain emergencies involving Federal primary responsibility** The President may exercise any authority vested in him by [section 5192 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5192&num=0&edition=prelim) or [section 5193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5193&num=0&edition=prelim) with respect to an emergency when he determines that an emergency exists for which the primary responsibility for response rests with the United States because the emergency involves a subject area for which, under the Constitution or laws of the United States, the United States exercises exclusive or preeminent responsibility and authority. In determining whether or not such an emergency exists, the President shall consult the Governor of any affected State, if practicable. The President’s determina

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5191

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Federal law — U.S. Code and appendices · legal_authorities

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) manag

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5192

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