42-U.S.C.-5191
§5191 – Procedure For Declaration
Pathway
Title 42 > Chapter 68 > Subchapter IV-A > Section 5191
Details
- Reference: Section 5191
- Legend: §5191 – Procedure For Declaration
- USCode Year: 2011
Provision Content
(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 States 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 Governors 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 Presidents determination may be made without regard to subsection (a) of this section.
(Pub. L. 93–288, title V, §501, as added Pub. L. 100–707, title I, §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 (§3231 et seq.) of chapter 38 of this title.
U.S. Encyclopedia of Law Coverage
42-U.S.C.-5165 in the Legal Encyclopedia: Public Health
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42-U.S.C.-5154A in the Legal Encyclopedia: Disaster Relief
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