42 U.S. Code § 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,,  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—
(B) search and rescue, emergency medical care, emergency mass care, emergency shelter, and provision of food, water, medicine durable medical equipment,,  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;
(H) provision of technical advice to State and local governments on disaster management and control;
(b) Federal share
The Federal share of assistance under this section shall be not less than 75 percent of the eligible cost of such assistance.
(c) Utilization of DOD resources
(1) General rule
During the immediate aftermath of an incident which may ultimately qualify for assistance under this subchapter or subchapter IV-A of this chapter, the Governor of the State in which such incident occurred may request the President to direct the Secretary of Defense to utilize the resources of the Department of Defense for the purpose of performing on public and private lands any emergency work which is made necessary by such incident and which is essential for the preservation of life and property. If the President determines that such work is essential for the preservation of life and property, the President shall grant such request to the extent the President determines practicable. Such emergency work may only be carried out for a period not to exceed 10 days.
(2) Rules applicable to debris removal
(3) Expenditures out of disaster relief funds
The cost of any assistance provided pursuant to this subsection shall be reimbursed out of funds made available to carry out this chapter.
(4) Federal share
The Federal share of assistance under this subsection shall be not less than 75 percent.
Not later than 180 days after November 23, 1988, the President shall issue guidelines for carrying out this subsection. Such guidelines shall consider any likely effect assistance under this subsection will have on the availability of other forms of assistance under this chapter.
For purposes of this section—
(A) Department of Defense
(d) Salaries and benefits
(1) In general
If 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—
(ii) the type of work may otherwise be carried out by contract or agreement with private organizations, firms, or individuals.;  or
 So in original. The extra comma probably should follow “medicine”.
 So in original.
Source(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.)
References in Text
This chapter, referred to in subsecs. (a)(1) and (c)(1), (3), (5), 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 section 5121 of this title and Tables.
The Fair Labor Standards Act of 1938, referred to in subsec. (d)(2), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.
A prior section 403 ofPub. L. 93–288was renumbered section 407 by Pub. L. 100–707and is classified to section 5173 of this title.
2013—Subsec. (d). Pub. L. 113–2added subsec. (d).
2006—Subsec. (a)(2), (3)(B). Pub. L. 109–295, § 689(b)(1), (2)(A), inserted “durable medical equipment,” after “medicine”.
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