§ 5170a. General Federal assistance

Statutory text

In any major disaster, the President may—

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 assistance response or recovery efforts, including precautionary evacuations;

coordinate all disaster relief assistance (including voluntary assistance) provided by Federal agencies, private organizations, and State and local governments, including precautionary evacuations and recovery;

provide technical and advisory assistance to affected State and local governments for—

the performance of essential community services;

issuance of warnings of risks and hazards;

public health and safety information, including dissemination of such information;

provision of health and safety measures;

management, control, and reduction of immediate threats to public health and safety; and

recovery activities, including disaster impact assessments and planning;

assist State and local governments in the distribution of medicine, food, and other consumable supplies, and emergency assistance;

provide assistance to State and local governments for building code and floodplain management ordinance administration and enforcement, including inspections for substantial damage compliance; and

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—

shall, to the fullest extent practicable, promptly notify and coordinate with officials in a State in which such assistance or support is provided; and

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 a major disaster.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1988
Pub. L. 93–288 title IV § 402 · 88 Stat. 143
Enacted · 42 U.S.C. § 5170a
Pub. L. 93–288, title IV, § 402, as added Pub. L. 100–707, title I, § 106(a)(3), Nov. 23, 1988, 102 Stat. 4696
Source evidence
Code source credit
Pub. L. 93–288, title IV, § 402, as added Pub. L. 100–707, title I, § 106(a)(3), Nov. 23, 1988, 102 Stat. 4696
Enacted provision · exact public law section
Sec. 402. (a) The President is authorized to make contributions to 42 USC 5172. State or local governments to help repair, restore, reconstruct, or replace public facilities belonging to such State or local governments which were damaged or destroyed by a major disaster. (b) The President is also authorized to make grants to help repair, restore, reconstruct, or replace private nonprofit educational, utility, emergency, medical, and custodial care facilities, including those for the aged or disabled, and facilities on Indian reservations as defined by the President, which were damaged or destroyed by a major disaster. (c) For those facilities eligible under this section which were in the process of construction when damaged or destroyed by a major disaster, the grant shall be based on the net costs of restoring such facilities substantially to their predisaster condition. (d) For the purposes of this section, "public facility" includes any “Public facility.” publicly owned flood control, navigation, irrigation, reclamation, public power, sewage treatment and collection, water supply and distribution, watershed development, or airport facility, any non-Federal-aid street, road, or highway, any other public building, structure, or system including those used for educational or recreational purposes, and any park. (e) The Federal contribution for grants made under this section Limitation. shall not exceed 100 per centum of the net cost of repairing, restoring, reconstructing, or replacing any such facility on the basis of the design of such facility as it existed immediately prior to such disaster and in conformity with current applicable codes, specifications, and standards. (f) In those cases where a State or local government determines that public welfare would not be best served by repairing, restoring, reconstructing, or replacing particular public facilities owned or controlled by that State or that local government which have been damaged or destroyed in a major disaster, it may elect to receive, in lieu of the contribution described in subsection (e) of this section, a contribution based on 90 per centum of the Federal estimate of the total cost of repairing, restoring, reconstructing, or replacing all damaged facilities owned by it within its jurisdiction. The cost of repairing, restoring, reconstructing, or replacing damaged or destroyed public facilities shall be estimated on the basis of the design of each such facility as it existed immediately prior to such disaster and in conformity with current applicable codes, specifications and standards. Funds contributed under this subsection may be expended either to repair or restore certain selected damaged public facilities or to construct new public facilities which the State or local government determines to be necessary to meet its needs for governmental services and functions in the disaster-affected area.
2006
Post-Katrina Emergency Management Reform Act of 2006
Pub. L. 109–295 § 681(a)(1) · 120 Stat. 1355
Substituted · 42 U.S.C. § 5170a(1)
Pub. L. 109–295, § 681(a)(1), substituted “response or recovery efforts, including precautionary evacuations” for “efforts”
Source evidence
Code amendment note
Par. (1). Pub. L. 109–295, § 681(a)(1), substituted “response or recovery efforts, including precautionary evacuations” for “efforts”.
Enacted provision · exact public law section
(1) in paragraph (1), by striking “efforts” and inserting “response or recovery efforts, including precautionary evacuations”;
2006
Post-Katrina Emergency Management Reform Act of 2006
Pub. L. 109–295 § 681(a)(2) · 120 Stat. 1355
Substituted · 42 U.S.C. § 5170a(2)
Pub. L. 109–295, § 681(a)(2), substituted “, including precautionary evacuations and recovery;” for semicolon at end
Source evidence
Code amendment note
Par. (2). Pub. L. 109–295, § 681(a)(2), substituted “, including precautionary evacuations and recovery;” for semicolon at end.
Enacted provision · exact public law section
(2) in paragraph (2), by striking the semicolon and inserting “, including precautionary evacuations and recovery;”;
2006
Post-Katrina Emergency Management Reform Act of 2006
Pub. L. 109–295 § 681(a)(3) · 120 Stat. 1355
Added · 42 U.S.C. § 5170a(3)(F)
Pub. L. 109–295, § 681(a)(3), added subpar. (F)
Source evidence
Code amendment note
Par. (3)(F). Pub. L. 109–295, § 681(a)(3), added subpar. (F).
Enacted provision · exact public law section
(3) in paragraph (3)— (A) in subparagraph (D), by striking “and” at the end; and (B) by adding at the end the following: “(F) recovery activities, including disaster impact assessments and planning;” ;
2006
Post-Katrina Emergency Management Reform Act of 2006
Pub. L. 109–295 § 681(a)(4) · 120 Stat. 1355
Added · 42 U.S.C. § 5170a(5)
Pub. L. 109–295, § 681(a)(4), (5), added par. (5)
Source evidence
Code amendment note
Par. (5). Pub. L. 109–295, § 681(a)(4), (5), added par. (5).
Enacted provision · exact public law section
(4) in paragraph (4), by striking the period and inserting “; and”; and
2018
Disaster Recovery Reform Act of 2018
Pub. L. 115–254 div. D § 1206(a) · 132 Stat. 3187
1. Added · 42 U.S.C. § 5170a(5); 42 U.S.C. § 5170a(6)
  Pub. L. 115–254 added par. (5)
2. Redesignated · 42 U.S.C. § 5170a(5); 42 U.S.C. § 5170a(6)
  Pub. L. 115–254 redesignated former par. (5) as (6)
Source evidence
Code amendment note
Pars. (5), (6). Pub. L. 115–254 added par. (5) and redesignated former par. (5) as (6).
Enacted provision · exact public law section
(a) In General.— Section 402 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a) is amended— (1) in paragraph (4), by striking “and” at the end; (2) by redesignating paragraph (5) as paragraph (6); and (3) by inserting after paragraph (4) the following: “(5) provide assistance to State and local governments for building code and floodplain management ordinance administration and enforcement, including inspections for substantial damage compliance; and” .
Effective date note
Amendment by Pub. L. 115–254 applicable to each major disaster and emergency declared by the President 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 section 1202 of Pub. L. 115–254, set out as a note under section 5121 of this title.

7 of 7 references resolved to an enrolled provision

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.

Amendments2006–2018 · 2 rounds

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 President 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 section 1202 of Pub. L. 115–254, set out as a note under section 5121 of this title.

Credits

1988–2018 · 3 acts

1988Pub. L. 93–288, title IV, § 402, as added Pub. L. 100–707, title I, § 106(a)(3), Nov. 23, 1988, 102 Stat. 4696
2006amended Pub. L. 109–295, title VI, § 681(a), Oct. 4, 2006, 120 Stat. 1444
2018Pub. L. 115–254, div. D, § 1206(a), Oct. 5, 2018, 132 Stat. 3440.

Show as published

(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.)