PRIA, Government Policy, Made Personal

Summary

A state’s Governor must ask the President to declare an emergency. The Governor must say the disaster is too big for the state and local governments to handle and that federal help is needed. The Governor must also take proper state actions, put the state’s emergency plan into motion, and tell the President what the state and local governments are doing, what resources they have, and what kind of federal aid is needed. The President may then declare that an emergency exists. The President can also act without a Governor’s request if the United States has primary responsibility for the emergency under the Constitution or federal law. The President should talk with the affected Governor when possible. The chief executive of an affected Indian tribal government can make the same kind of request. References to “State” or “Governor” in this law generally count as applying to tribes or their chief executives, except for sections 5153 and 5165d. A tribe can still get help through a State’s request if the President does not make a tribal declaration for the same event.

Title 42, §5191

The Public Health and Welfare, Source: USLM XML via OLRC

(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).

(c)Indian tribal government requests

(1)In general

The Chief Executive of an affected Indian tribal government may submit a request for a declaration by the President that an emergency exists consistent with the requirements of subsection (a).

(2)References

In implementing assistance authorized by the President under this subchapter in response to a request of the Chief Executive of an affected Indian tribal government for an emergency declaration, any reference in this subchapter or subchapter III (except section 5153 and 5165d of this title) to a State or the Governor of a State is deemed to refer to an affected Indian tribal government or the Chief Executive of an affected Indian tribal government, as appropriate.

(3)Savings provision

Nothing in this subsection shall prohibit an Indian tribal government from receiving assistance under this subchapter through a declaration made by the President at the request of a State under subsection (a) if the President does not make a declaration under this subsection for the same incident.

Notes & Related Subsidiaries

Editorial Notes

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. 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 (§ 3231 et seq.) of chapter 38 of this title.

Amendments

2013—Subsec. (c). Pub. L. 113–2 added subsec. (c).

§5191 Procedure for Declaration