Title 42 — The Public Health and Welfare
Chapter 68 — Disaster Relief
§ 5192. Federal emergency assistance
Statutory text
Specified
In any emergency, 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 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;
coordinate all disaster relief assistance (including voluntary assistance) provided by Federal agencies, private organizations, and State and local governments;
provide technical and advisory assistance to affected State and local governments for—
the performance of essential community services;
issuance of warnings of risks or hazards;
public health and safety information, including dissemination of such information;
provision of health and safety measures; and
management, control, and reduction of immediate threats to public health and safety;
provide emergency assistance through Federal agencies;
remove debris in accordance with the terms and conditions of section 5173 of this title;
provide assistance in accordance with section 5174 of this title and section 5183 of this title;
assist State and local governments in the distribution of medicine, food, and other consumable supplies, and emergency assistance; 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 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 an emergency.
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.
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.
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.
Pub. L. 93–288 title V § 502 · 88 Stat. 143
Enacted · 42 U.S.C. § 5192
Pub. L. 93–288, title V, § 502, as added Pub. L. 100–707, title I, § 107(a), Nov. 23, 1988, 102 Stat. 4706
Source evidence
Code source credit
Pub. L. 93–288, title V, § 502, as added Pub. L. 100–707, title I, § 107(a), Nov. 23, 1988, 102 Stat. 4706Disaster Mitigation Act of 2000
Pub. L. 106–390 title II § 206(b) · 114 Stat. 1552
Struck · 42 U.S.C. § 5192(a)(6)
Pub. L. 106–390 struck out “temporary housing” after “provide”
Source evidence
Code amendment note
Subsec. (a)(6). Pub. L. 106–390 struck out “temporary housing” after “provide”.Enacted provision · exact public law section
(b) Conforming Amendment.— Section 502(a)(6) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5192(a)(6)) is amended by striking “temporary housing”.Post-Katrina Emergency Management Reform Act of 2006
Pub. L. 109–295 § 681(b)(1)(A) · 120 Stat. 1355
Inserted · 42 U.S.C. § 5192(a)(1)
Pub. L. 109–295, § 681(b)(1)(A), inserted “, including precautionary evacuations” before semicolon at end
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 109–295, § 681(b)(1)(A), inserted “, including precautionary evacuations” before semicolon at end.Enacted provision · exact public law section
(A) in paragraph (1), by striking the semicolon and inserting “, including precautionary evacuations;”;Post-Katrina Emergency Management Reform Act of 2006
Pub. L. 109–295 § 681(b)(1)(B) · 120 Stat. 1355
Added · 42 U.S.C. § 5192(a)(8)
Pub. L. 109–295, § 681(b)(1)(B)–(D), added par. (8)
Source evidence
Code amendment note
Subsec. (a)(8). Pub. L. 109–295, § 681(b)(1)(B)–(D), added par. (8).Enacted provision · exact public law section
(B) in paragraph (6), by striking “and” after the semicolon;Post-Katrina Emergency Management Reform Act of 2006
Pub. L. 109–295 § 681(b)(2) · 120 Stat. 1355
Inserted · 42 U.S.C. § 5192(b)
Pub. L. 109–295, § 681(b)(2), inserted “, including precautionary evacuations” before period at end
Source evidence
Code amendment note
Subsec. (b). Pub. L. 109–295, § 681(b)(2), inserted “, including precautionary evacuations” before period at end.Enacted provision · exact public law section
(2) in subsection (b), by striking the period and inserting “, including precautionary evacuations.”; andPost-Katrina Emergency Management Reform Act of 2006
Pub. L. 109–295 § 681(b)(3) · 120 Stat. 1355
Added · 42 U.S.C. § 5192(c)
Pub. L. 109–295, § 681(b)(3), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 109–295, § 681(b)(3), added subsec. (c).Enacted provision · exact public law section
(3) by adding at the end the following: “(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.” .James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
Pub. L. 117–263 div. G title LXXIII § 7321(a) · 136 Stat. 2395
Inserted · 42 U.S.C. § 5192(a)(6)
Pub. L. 117–263 inserted “and section 5183 of this title” after “section 5174 of this title”
Source evidence
Code amendment note
Subsec. (a)(6). Pub. L. 117–263 inserted “and section 5183 of this title” after “section 5174 of this title”.Enacted provision · exact public law section
(a) Federal Emergency Assistance.— Section 502(a)(6) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5192(a)(6)) is amended by inserting “and section 416” after “section 408”.Effective date note
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].”
6 of 7 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments2000–2022 · 3 rounds
2022
Subsec. (a)(6). Pub. L. 117–263 inserted “and section 5183 of this title” after “section 5174 of this title”.
2006
Subsec. (a)(1). Pub. L. 109–295, § 681(b)(1)(A), inserted “, 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 “temporary housing” after “provide”.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Pub. L. 117–263, div. G, title LXXIII, § 7321(b), , 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 [].”
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–390 effective 18 months after , see section 206(d) of Pub. L. 106–390, set out as a note under section 5174 of this title.
Credits
1988–2022 · 4 acts
- 1988Pub. L. 93–288, title V, § 502, as added Pub. L. 100–707, title I, § 107(a), , 102 Stat. 4706
- 2000amended Pub. L. 106–390, title II, § 206(b), , 114 Stat. 1570
- 2006Pub. L. 109–295, title VI, § 681(b), , 120 Stat. 1444
- 2022Pub. L. 117–263, div. G, title LXXIII, § 7321(a), , 136 Stat. 3691.
Show as published
(Pub. L. 93–288, title V, § 502, as added Pub. L. 100–707, title I, § 107(a), , 102 Stat. 4706; amended Pub. L. 106–390, title II, § 206(b), , 114 Stat. 1570; Pub. L. 109–295, title VI, § 681(b), , 120 Stat. 1444; Pub. L. 117–263, div. G, title LXXIII, § 7321(a), , 136 Stat. 3691.)