Sec. 301. Expanding access to declaration process
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Section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ) is amended— in subsection (a), by striking All requests and inserting Subject to subsection (d), all requests ; and by adding at the end the following: In this subsection, the term county — means a county, parish, or equivalent subdivision of a State or territory of the United States that is a unit of general local government; and in the event a county is located in a State where 1 or more counties are not units of general local government, includes the largest city, town, or unit of general local government by population in an area affected by a major disaster on behalf of all affected cities, towns, and other local units of general local government.
The chief executive officer of an affected county may submit a request for a declaration by the President that a major disaster exists consistent with the requirements of subsection
(a)under the following circumstances: The Governor of the State or territory in which the affected county is located does not request such a declaration under subsection (a). The affected county is not included in a request for assistance made under subsection
(a)by the Governor of the State or territory in which such county is located. The affected county communicates with the Governor of the State or territory in which the affected county is located about the disaster or potential request for a major disaster declaration before the period described in paragraph (3)(A) has lapsed. The chief executive officer of an affected county may not submit a request for a declaration by the President that a major disaster exists under paragraph
(2)until— the period during which the Governor of the State or territory in which such county is located may request such a declaration under subsection
(a)has lapsed; or the Governor of the State or territory in which such county is located has communicated to the chief executive officer of the county that the Governor will not seek such a declaration from the President. In implementing assistance authorized by the President under this Act in response to a request from the chief executive officer of an affected county for a major disaster declaration under this subsection, any reference in this title or title III to a State or the Governor of a State is deemed to refer to an affected county or the chief executive officer of an affected county, as appropriate. Nothing in this subsection shall prohibit a county from receiving assistance under this title 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. . Section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5191 ) is amended— in subsection (a), by striking All requests and inserting Subject to subsection (d), all requests ; and by adding at the end the following: In this subsection, the term county has the meaning given the term in section 401(d). The chief executive officer of an affected county may submit a request for a declaration by the President that an emergency exists consistent with the requirements of subsection
(a)under the following circumstances: The Governor of the State or territory in which the affected county is located does not request such a declaration under subsection (a). The affected county is not included in a request for assistance made under subsection
(a)by the Governor of the State or territory in which such county is located. The affected county communicates with the Governor of the State or territory in which the affected county is located about the disaster or potential request for a major disaster declaration before the period described in paragraph (3)(A) has lapsed. The chief executive officer of an affected county may not submit a request for a declaration by the President that an emergency exists under paragraph
(2)until— the period during which the Governor of the State or territory in which such county is located may request such a declaration under subsection
(a)has lapsed; or the Governor of the State or territory in which such county is located has communicated to the chief executive officer of the county that the Governor will not seek such a declaration from the President. In implementing assistance authorized by the President under this Act in response to a request of the chief executive officer of an affected county for an emergency declaration under this subsection, any reference in this title or title III to a State or the Governor of a State is deemed to refer to an affected county or the chief executive officer of an affected county, as appropriate. Nothing in this subsection shall prohibit a county from receiving assistance under this title 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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- 42 USC 5170
- 42 USC 5191
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Sec. 301
Expanding access to declaration process
Cite42 USC 5170
Cite42 USC 5191
Cites 2Cited by 0 across 0 sources