US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 42USC5191]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 68--DISASTER RELIEF
 
             SUBCHAPTER IV-A--EMERGENCY ASSISTANCE PROGRAMS
 
Sec. 5191. Procedure for declaration


(a) Request and declaration

    All requests for a declaration by the President that an emergency 
exists shall be made by the Governor of the affected State. Such a 
request shall be based on a finding that the situation is of such 
severity and magnitude that effective response is beyond the 
capabilities of the State and the affected local governments and that 
Federal assistance is necessary. As a part of such request, and as a 
prerequisite to emergency assistance under this chapter, the Governor 
shall take appropriate action under State law and direct execution of 
the State's emergency plan. The Governor shall furnish information 
describing the State and local efforts and resources which have been or 
will be used to alleviate the emergency, and will define the type and 
extent of Federal aid required. Based upon such Governor's request, the 
President may declare that an emergency exists.

(b) Certain emergencies involving Federal primary responsibility

    The President may exercise any authority vested in him by section 
5192 of this title or section 5193 of this title with respect to an 
emergency when he determines that an emergency exists for which the 
primary responsibility for response rests with the United States because 
the emergency involves a subject area for which, under the Constitution 
or laws of the United States, the United States exercises exclusive or 
preeminent responsibility and authority. In determining whether or not 
such an emergency exists, the President shall consult the Governor of 
any affected State, if practicable. The President's determination may be 
made without regard to subsection (a) of this section.

(Pub. L. 93-288, title V, Sec. 501, as added Pub. L. 100-707, title I, 
Sec. 107(a), Nov. 23, 1988, 102 Stat. 4706.)

                       References in Text

    This chapter, referred to in subsec. (a), was in the original ``this 
Act'', meaning Pub. L. 93-288, May 22, 1974, 88 Stat. 143, as amended. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 5121 of this title and Tables.


                            Prior Provisions

    A prior section 501 of Pub. L. 93-288 enacted subchapter VIII 
(Sec. 3231 et seq.) of chapter 38 of this title.