SUBCHAPTER IV–A—EMERGENCY ASSISTANCE PROGRAMS
§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
(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
(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.
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Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
Prior Provisions
A prior section 501 of
Amendments
2013—Subsec. (c).
§5192. Federal emergency assistance
(a) Specified
In any emergency, the President may—
(1) direct any Federal agency, with or without reimbursement, to utilize its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical and advisory services) in support of State and local emergency assistance efforts to save lives, protect property and public health and safety, and lessen or avert the threat of a catastrophe, including precautionary evacuations;
(2) coordinate all disaster relief assistance (including voluntary assistance) provided by Federal agencies, private organizations, and State and local governments;
(3) provide technical and advisory assistance to affected State and local governments for—
(A) the performance of essential community services;
(B) issuance of warnings of risks or hazards;
(C) public health and safety information, including dissemination of such information;
(D) provision of health and safety measures; and
(E) management, control, and reduction of immediate threats to public health and safety;
(4) provide emergency assistance through Federal agencies;
(5) remove debris in accordance with the terms and conditions of
(6) provide assistance in accordance with
(7) assist State and local governments in the distribution of medicine, food, and other consumable supplies, and emergency assistance; and
(8) provide accelerated Federal assistance and Federal support where necessary to save lives, prevent human suffering, or mitigate severe damage, which may be provided in the absence of a specific request and in which case the President—
(A) shall, to the fullest extent practicable, promptly notify and coordinate with a State in which such assistance or support is provided; and
(B) shall not, in notifying and coordinating with a State under subparagraph (A), delay or impede the rapid deployment, use, and distribution of critical resources to victims of an emergency.
(b) General
Whenever the Federal assistance provided under subsection (a) with respect to an emergency is inadequate, the President may also provide assistance with respect to efforts to save lives, protect property and public health and safety, and lessen or avert the threat of a catastrophe, including precautionary evacuations.
(c) Guidelines
The President shall promulgate and maintain guidelines to assist Governors in requesting the declaration of an emergency in advance of a natural or man-made disaster (including for the purpose of seeking assistance with special needs and other evacuation efforts) under this section by defining the types of assistance available to affected States and the circumstances under which such requests are likely to be approved.
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Editorial Notes
Amendments
2022—Subsec. (a)(6).
2006—Subsec. (a)(1).
Subsec. (a)(8).
Subsec. (b).
Subsec. (c).
2000—Subsec. (a)(6).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Effective Date of 2000 Amendment
Amendment by
§5193. Amount of assistance
(a) Federal share
The Federal share for assistance provided under this subchapter shall be equal to not less than 75 percent of the eligible costs.
(b) Limit on amount of assistance
(1) In general
Except as provided in paragraph (2), total assistance provided under this subchapter for a single emergency shall not exceed $5,000,000.
(2) Additional assistance
The limitation described in paragraph (1) may be exceeded when the President determines that—
(A) continued emergency assistance is immediately required;
(B) there is a continuing and immediate risk to lives, property, public health or safety; and
(C) necessary assistance will not otherwise be provided on a timely basis.
(3) Report
Whenever the limitation described in paragraph (1) is exceeded, the President shall report to the Congress on the nature and extent of emergency assistance requirements and shall propose additional legislation if necessary.
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