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42 U.S.C. § 5191 — Procedure for declaration
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5192&num=0&edition=prelim) or [section 5193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5193&num=0&edition=prelim) 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 determina
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5191
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Stable record: federal_law:legal_authorities:record_usc_2c510a54e88e6eeb727102d6
Source file: Laws/federal/codes/united-states-code/title-42/section-5191-procedure-for-declaration--4097b0711e.md
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Source location: Title 42, Chapter 68, § 5191; chapter-068-disaster-relief.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5192&num=0&edition=prelim) or [section 5193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5193&num=0&edition=prelim) 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 sections 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress hereby finds and declares that—
(1) because disasters often cause loss of life, human suffering, loss of income, and property loss and damage; and
(2) because disasters often disrupt the normal functioning of governments and communities, and adversely affect individuals and families with great severity;
special measures, designed to assist the efforts of the affected States in expediting the rendering of aid, assistance, and emergency services, and the reconstruction and rehabilitation of devastated areas, are necessary.
**(b)** It is the intent of the Congress, by this chapter, to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from such disasters by—
(1) revising and broadening the scope of existing disaster relief programs;
(2) encouraging the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and by local governments;
(3) achieving greater coordination and responsiveness of disaster preparedness and relief programs;
(4) encouraging individuals, States, and local governments to protect themselves by obtaining insurance coverage to supplement or replace governmental assistance;
(5) encouraging hazard mitigation measures to reduce losses from disasters, including development of land use and construction regulations;
(6) providing Federal assistance programs for both public and private losses sustained in disasters; and
(7) identifying and improving the climate and natural hazard resilience of vulnerable communities.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5121
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Federal law — U.S. Code and appendices · legal_authorities
**(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 [section 5173 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5173&num=0&edition=prelim);
(6) provide assistance in accordance with [section 5174 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5174&num=0&edition=prelim) and [section 5183 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5183&num=0&edition=prelim);
(7) assist State and local governments in the distribution of medicine, food, and other consumable supplies, and emergency as
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5192
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5193
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whoever, in a circumstance described in subsection (b) of this section, knowingly—
(1) falsifies, conceals, or covers up by any trick, scheme, or device any material fact; or
(2) makes any materially false, fictitious, or fraudulent statement or representation, or makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or representation,
in any matter involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with a major disaster declaration under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5170](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5170&num=0&edition=prelim)) or an emergency declaration under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5191](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5191&num=0&edition=prelim)), or in connection with any procurement of property or services related to any emergency or major disaster declaration as a prime contractor with the United States or as a subcontractor or supplier on a contract in which there is a prime contract with the United States, shall be fined under this title, imprisoned not more than 30 years, or both.
**(b)** A circumstance described in this subsection is any instance where—
(1) the authorization, transportation, transmission, transfer, disbursement, or payment of the benefit is in or affects interstate or foreign commerce;
(2) the benefit is transported in the mail at any point in the authorization, transportation, transmission, transfer, disbursement, or payment of that benefit; or
(3) the benefit is a record, vo
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 1040
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General authority** From amounts reserved under [section 2322(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2322/a/2&num=0&edition=prelim), each eligible agency shall—
(1) conduct State leadership activities to improve career and technical education, which shall include support for—
(A) preparation for non-traditional fields in current and emerging professions, programs for special populations, and other activities that expose students, including special populations, to high-skill, high-wage, and in-demand occupations;
(B) individuals in State institutions, such as State correctional institutions, including juvenile justice facilities, and educational institutions that serve individuals with disabilities;
(C) recruiting, preparing, or retaining career and technical education teachers, faculty, specialized instructional support personnel, or paraprofessionals, such as preservice, professional development, or leadership development programs; and
(D) technical assistance for eligible recipients; and
(2) report on the effectiveness of such use of funds in achieving the goals described in [section 2342(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2342/d/2&num=0&edition=prelim) and the State determined levels of performance described in [section 2323(b)(3)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2323/b/3/A&num=0&edition=prelim), and reducing disparities or performance gaps as described in [section 2323(b)(3)(C)(ii)(II) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2323/b/3/C/ii/II&num=0&edition=prelim).
**(b) Permissible uses of funds** The State leadership
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 2394
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Disruptive event** — The term “disruptive event” means an event in which operations of the electric grid are disrupted, preventively shut off, or cannot operate safely due to extreme weather, wildfire, or a natural disaster.
(2) **Eligible entity** — The term “eligible entity” means—
(A) an electric grid operator;
(B) an electricity storage operator;
(C) an electricity generator;
(D) a transmission owner or operator;
(E) a distribution provider;
(F) a fuel supplier; and
(G) any other relevant entity, as determined by the Secretary.
(3) **Natural disaster** — The term “natural disaster” has the meaning given the term in [section 5195a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5195a/a&num=0&edition=prelim).
(4) **Power line** — The term “power line” includes a transmission line or a distribution line, as applicable.
(5) **Program** — The term “program” means the program established under subsection (b).
**(b) Establishment of program** Not later than 180 days after November 15, 2021, the Secretary shall establish a program under which the Secretary shall make grants to eligible entities, States, and Indian Tribes in accordance with this section.
**(c) Grants to eligible entities**
(1) **In general** — The Secretary may make a grant under the program to an eligible entity to carry out activities that—
(A) are supplemental to existing hardening efforts of the eligible entity planned for any given year; and
(B)
(i) reduce the risk of any power lines owned or operated by the eligible entity causing a wildfire; or
(ii) increase the ability of the eligible entity to reduce the likelihood and consequences of disruptive events.
(2) **Applica
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 18712
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Utilization of services of other agencies** The President is authorized to establish a program of disaster preparedness that utilizes services of all appropriate agencies and includes—
(1) preparation of disaster preparedness plans for mitigation, warning, emergency operations, rehabilitation, and recovery;
(2) training and exercises;
(3) postdisaster critiques and evaluations;
(4) annual review of programs;
(5) coordination of Federal, State, and local preparedness programs;
(6) application of science and technology;
(7) research.
**(b) Technical assistance for the development of plans and programs** The President shall provide technical assistance to the States in developing comprehensive plans and practicable programs for preparation against disasters, including hazard reduction, avoidance, and mitigation; for assistance to individuals, businesses, and State and local governments following such disasters; and for recovery of damaged or destroyed public and private facilities.
**(c) Grants to States for development of plans and programs** Upon application by a State, the President is authorized to make grants, not to exceed in the aggregate to such State $250,000, for the development of plans, programs, and capabilities for disaster preparedness and prevention. Such grants shall be applied for within one year from May 22, 1974. Any State desiring financial assistance under this section shall designate or create an agency to plan and administer such a disaster preparedness program, and shall, through such agency, submit a State plan to the President, which shall—
(1) set forth a comprehensive and detailed State program for preparation against and assistance following, emergencies and major disasters, including provisions for assistance to individuals, b
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5131
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition of small impoverished community** In this section, the term “small impoverished community” means a community of 3,000 or fewer individuals that is economically disadvantaged, as determined by the State in which the community is located and based on criteria established by the President.
**(b) Establishment of program** The President may establish a program to provide technical and financial assistance to States and local governments to assist in the implementation of predisaster hazard mitigation measures that are cost-effective and are designed to reduce injuries, loss of life, and damage and destruction of property, including damage to critical services and facilities under the jurisdiction of the States or local governments.
**(c) Approval by President** If the President determines that a State or local government has identified natural disaster hazards in areas under its jurisdiction and has demonstrated the ability to form effective public-private natural disaster hazard mitigation partnerships, the President, using amounts in the National Public Infrastructure Predisaster Mitigation Fund established under subsection (i) (referred to in this section as the “Fund”), may provide technical and financial assistance to the State or local government to be used in accordance with subsection (e).
**(d) State recommendations**
(1) **In general**
(A) *Recommendations* — The Governor of each State may recommend to the President not fewer than five local governments to receive assistance under this section.
(B) *Deadline for submission* — The recommendations under subparagraph (A) shall be submitted to the President not later than October 1, 2001, and each October 1st thereafter or such later date in the year as the President may establish.
(C) *C
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5133
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The President shall designate in the Federal Emergency Management Agency a Small State and Rural Advocate.
**(b) Responsibilities** The Small State and Rural Advocate shall be an advocate for the fair treatment of small States and rural communities in the provision of assistance under this chapter.
**(c) Duties** The Small State and Rural Advocate shall—
(1) participate in the disaster declaration process under [section 5170 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5170&num=0&edition=prelim) and the emergency declaration process under [section 5191 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5191&num=0&edition=prelim), to ensure that the needs of rural communities are being addressed;
(2) assist small population States in the preparation of requests for major disaster or emergency declarations;
(3) assist States in the collection and presentation of material in the disaster or emergency declaration request relevant to demonstrate severe localized impacts within the State for a specific incident, including—
(A) the per capita personal income by local area, as calculated by the Bureau of Economic Analysis;
(B) the disaster impacted population profile, as reported by the Bureau of the Census, including—
(i) the percentage of the population for whom poverty status is determined;
(ii) the percentage of the population already receiving Government assistance such as Supplemental Security Income and Supplemental Nutrition Assistance Program benefits;
(iii) the pre-disaster unemployment rate;
(iv) the percentage of the population that is 65 years old and older;
(v) the percentage of the population 18 years old and younger;
(
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5165d
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Federal law — U.S. Code and appendices · legal_authorities
The purpose of this subchapter is to provide a system of emergency preparedness for the protection of life and property in the United States from hazards and to vest responsibility for emergency preparedness jointly in the Federal Government and the States and their political subdivisions. The Congress recognizes that the organizational structure established jointly by the Federal Government and the States and their political subdivisions for emergency preparedness purposes can be effectively utilized to provide relief and assistance to people in areas of the United States struck by a hazard. The Federal Government shall provide necessary direction, coordination, and guidance, and shall provide necessary assistance, as authorized in this subchapter so that a comprehensive emergency preparedness system exists for all hazards.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5196
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