42 USC 5170 - Essential assistance

View all text of Subchapter IV [§ 5170 - § 5189h]

§ 5170b. Essential assistance

(a) In generalFederal 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

(2) Medicine, food, and other consumables

(3) Work and services to save lives and protect propertyPerforming 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) dissemination of public information and assistance regarding health and safety measures;

(H) provision of technical advice to State and local governments on disaster management 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

(b) Federal share

(1) General rule

(2) Rules applicable to debris removal

(3) Expenditures out of disaster relief funds

(4) Federal share

(5) Guidelines

(6) DefinitionsFor purposes of this section—

(A) Department of Defense

(B) Emergency work

(d) Salaries and benefits

(1) In generalIf 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 government 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 individuals.; 2

2 So in original.

(B) overtime and hazardous duty compensation for permanent employees of the State, tribal, or local government conducting emergency protective measures under this section.

(2) Overtime

(3) No effect on mutual aid pacts

(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.)