---
kind: "section"
citation: "42 U.S.C. § 5191"
title: "42"
title_heading: "The Public Health and Welfare"
number: "5191"
heading: "Procedure for declaration"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/5191"
units:
  - "Chapter 68 — Disaster Relief"
  - "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](/usc/42/5122.md?p=1) exists shall be made by the [Governor](/usc/42/5122.md?p=5) of the affected [State](/usc/42/5122.md?p=4). 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](/usc/42/5122.md?p=4) and the affected [local governments](/usc/42/5122.md?p=8) and that Federal assistance is necessary. As a part of such request, and as a prerequisite to [emergency](/usc/42/5122.md?p=1) assistance under this chapter, the [Governor](/usc/42/5122.md?p=5) shall take appropriate action under [State](/usc/42/5122.md?p=4) law and direct execution of the [State](/usc/42/5122.md?p=4)’s [emergency](/usc/42/5122.md?p=1) plan. The [Governor](/usc/42/5122.md?p=5) shall furnish information describing the [State](/usc/42/5122.md?p=4) and local efforts and resources which have been or will be used to alleviate the [emergency](/usc/42/5122.md?p=1), and will define the type and extent of Federal aid required. Based upon such [Governor](/usc/42/5122.md?p=5)’s request, the President may declare that an [emergency](/usc/42/5122.md?p=1) exists.
- (b) **Certain emergencies involving Federal primary responsibility—** The President may exercise any authority vested in him by [section 5192 of this title](/usc/42/5192.md) or [section 5193 of this title](/usc/42/5193.md) with respect to an [emergency](/usc/42/5122.md?p=1) when he determines that an [emergency](/usc/42/5122.md?p=1) exists for which the primary responsibility for response rests with the [United States](/usc/42/5122.md?p=3) because the [emergency](/usc/42/5122.md?p=1) involves a subject area for which, under the Constitution or laws of the [United States](/usc/42/5122.md?p=3), the [United States](/usc/42/5122.md?p=3) exercises exclusive or preeminent responsibility and authority. In determining whether or not such an [emergency](/usc/42/5122.md?p=1) exists, the President shall consult the [Governor](/usc/42/5122.md?p=5) of any affected [State](/usc/42/5122.md?p=4), if practicable. The President’s determination may be made without regard to [subsection (a)](#a).
- (c) **Indian tribal government requests—**
  - (1) **In general—** The [Chief Executive](/usc/42/5122.md?p=12) of an affected [Indian tribal government](/usc/42/5122.md?p=6) may submit a request for a declaration by the President that an [emergency](/usc/42/5122.md?p=1) exists consistent with the requirements of [subsection (a)](#a).
  - (2) **References—** In implementing assistance authorized by the President under this subchapter in response to a request of the [Chief Executive](/usc/42/5122.md?p=12) of an affected [Indian tribal government](/usc/42/5122.md?p=6) for an [emergency](/usc/42/5122.md?p=1) declaration, any reference in this subchapter or subchapter III (except sections [5153](/usc/42/5153.md) and [5165d](/usc/42/5165d.md) of this title) to a [State](/usc/42/5122.md?p=4) or the [Governor](/usc/42/5122.md?p=5) of a [State](/usc/42/5122.md?p=4) is deemed to refer to an affected [Indian tribal government](/usc/42/5122.md?p=6) or the [Chief Executive](/usc/42/5122.md?p=12) of an affected [Indian tribal government](/usc/42/5122.md?p=6), as appropriate.
  - (3) **Savings provision—** Nothing in this subsection shall prohibit an [Indian tribal government](/usc/42/5122.md?p=6) from receiving assistance under this subchapter through a declaration made by the President at the request of a [State](/usc/42/5122.md?p=4) under [subsection (a)](#a) if the President does not make a declaration under this subsection for the same incident.

## Source credit

(Pub. L. 93–288, title V, § 501, as added Pub. L. 100–707, title I, § 107(a), Nov. 23, 1988, 102 Stat. 4706; amended Pub. L. 113–2, div. B, § 1110(b), Jan. 29, 2013, 127 Stat. 48.)

## Notes

### 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).