42 U.S.C. § 5170a — General Federal assistance

Page 6391 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5170a in improving critical components of the preliminary damage assessment process. ‘‘(2) MEMBERSHIP.— ‘‘(A) IN GENERAL.—This advisory panel shall con- sist of at least 2 representatives from national emergency management organizations and at least 1 representative from each of the 10 regions of the Federal Emergency Management Agency, selected from emergency management personnel employed by State, local, territorial, or tribal authorities within each region. ‘‘(B) INCLUSION ON PANEL.—To the furthest extent practicable, representation on the advisory panel shall include emergency management personnel from both rural and urban jurisdictions. ‘‘(3) CONSIDERATIONS.—The advisory panel convened under paragraph (1) shall— ‘‘(A) consider— ‘‘(i) establishing a training regime to ensure preliminary damage assessments are conducted and reviewed under consistent guidelines; ‘‘(ii) utilizing a common technological platform to integrate data collected by State and local governments with data collected by the Agency; and ‘‘(iii) assessing instruction materials provided by the Agency for omissions of pertinent informa- tion or language that conflicts with other statu- tory requirements; and ‘‘(B) identify opportunities for streamlining the consideration of preliminary damage assessments by the Agency, including eliminating duplicative paperwork requirements and ensuring consistent communication and decision making among Agen- cy staff. ‘‘(4) INTERIM REPORT.—Not later than 18 months after the date of enactment of this Act, the Adminis- trator shall submit to Congress a report regarding the findings of the advisory panel, steps that will be undertaken by the Agency to implement the findings of the advisory panel, and additional legislation that may be necessary to implement the findings of the advisory panel. ‘‘(5) RULEMAKING AND FINAL REPORT.—Not later than 2 years after the date of enactment of this Act, the Administrator shall issue such regulations as are nec- essary to implement the recommendations of the ad- visory panel and submit to Congress a report dis- cussing— ‘‘(A) the implementation of recommendations from the advisory panel; ‘‘(B) the identification of any additional chal- lenges to the preliminary damage assessment proc- ess, including whether specific disasters result in longer preliminary damage assessments; and ‘‘(C) any additional legislative recommendations necessary to improve the preliminary damage as- sessment process.’’ LOCAL IMPACT Pub. L. 115–254, div. D, § 1232, Oct. 5, 2018, 132 Stat. 3460, provided that: ‘‘(a) IN GENERAL.—In making recommendations to the President regarding a major disaster declaration, the Administrator of the Federal Emergency Manage- ment Agency shall give greater consideration to severe local impact or recent multiple disasters. Further, the Administrator shall make corresponding adjustments to the [Federal Emergency Management] Agency’s poli- cies and regulations regarding such consideration. Not later than 1 year after the date of enactment of this section [Oct. 5, 2018], the Administrator shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on the changes made to regulations and policies and the number of declarations that have been declared based on the new criteria. ‘‘(b) EFFECTIVE DATE.—This section shall be effective on the date of enactment of this Act [Oct. 5, 2018].’’ COST OF ASSISTANCE ESTIMATES Pub. L. 115–254, div. D, § 1239, Oct. 5, 2018, 132 Stat. 3466, provided that: ‘‘(a) IN GENERAL.—Not later than 270 days after the date of enactment of this Act [Oct. 5, 2018], the Admin- istrator [of the Federal Emergency Management Agen- cy] shall review the factors considered when evaluating a request for a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency As- sistance Act (42 U.S.C. 5121 et seq.), specifically the es- timated cost of the assistance, and provide a report and briefing to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. ‘‘(b) RULEMAKING.—Not later than 2 years after the date of enactment of this Act, the Administrator shall review and initiate a rulemaking to update the factors considered when evaluating a Governor’s request for a major disaster declaration, including reviewing how the [Federal Emergency Management] Agency esti- mates the cost of major disaster assistance, and con- sider other impacts on the capacity of a jurisdiction to respond to disasters. In determining the capacity of a jurisdiction to respond to disasters, and prior to the issuance of such a rule, the Administrator shall engage in meaningful consultation with relevant representa- tives of State, regional, local, and Indian tribal govern- ment stakeholders.’’ [For definition of ‘‘State’’ as used in section 1239 of Pub. L. 115–254, set out above, see section 1203 of Pub. L. 115–254, set out as a note under section 5122 of this title.] INDIVIDUAL ASSISTANCE FACTORS Pub. L. 113–2, div. B, § 1109, Jan. 29, 2013, 127 Stat. 47, provided that: ‘‘In order to provide more objective cri- teria for evaluating the need for assistance to individ- uals, to clarify the threshold for eligibility and to speed a declaration of a major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), not later than 1 year after the date of enactment of this division [Jan. 29, 2013], the Administrator of the Federal Emergency Management Agency, in cooperation with representa- tives of State, tribal, and local emergency management agencies, shall review, update, and revise through rule- making the factors considered under section 206.48 of title 44, Code of Federal Regulations (including section 206.48(b)(2) of such title relating to trauma and the spe- cific conditions or losses that contribute to trauma), to measure the severity, magnitude, and impact of a dis- aster.’’ § 5170a. General Federal assistance In any major disaster, 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 as- sistance response or recovery efforts, includ- ing precautionary evacuations; (2) coordinate all disaster relief assistance (including voluntary assistance) provided by Federal agencies, private organizations, and State and local governments, including pre- cautionary evacuations and recovery; (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 and haz- ards; (C) public health and safety information, including dissemination of such information; 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-