United States Code

42 U.S.C. § 5170

Procedure for declaration

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Bills that would change it 42

  • HR 9292 Disaster Relief Integrity and Independence Act Amends · introduced · 119th Congress
  • S 4433 Disaster Declaration Transparency Act of 2026 Amends · introduced · 119th Congress
  • HR 8577 Disaster Declaration Transparency Act of 2026 Amends · introduced · 119th Congress
  • S 3961 Stop Post-Disaster Vultures Act Amends · introduced · 119th Congress
  • HR 4669 FEMA Act of 2025 Amends · introduced · 119th Congress
  • HR 3738 HMAG Act of 2025 Amends · introduced · 119th Congress
  • HR 3252 Disaster Housing Flexibility Act of 2025 Amends · introduced · 119th Congress
  • HR 3251 Disaster Response Flexibility Act of 2025 Amends · introduced · 119th Congress
  • HR 2836 FEMA Loan Interest Payment Relief Act Amends · introduced · 119th Congress
  • HR 1923 Modernizing Wildfire Safety and Prevention Act of 2025 Amends · introduced · 119th Congress
  • HR 1748 FEMA for America First Act of 2025 Amends · introduced · 119th Congress
  • HR 1245 Disaster Survivors Fairness Act of 2025 Amends · introduced · 119th Congress
  • HR 437 SNOW Act of 2025 Amends · introduced · 119th Congress
  • HR 316 Natural Disaster Recovery Program Act of 2025 Amends · introduced · 119th Congress
  • HR 2672 FEMA Loan Interest Payment Relief Act Amends · introduced · 118th Congress
  • HR 8656 Modernizing Wildfire Safety and Prevention Act of 2024 Amends · introduced · 118th Congress
  • HR 8582 Federal Disaster Assistance Improvement Act Amends 5170(a) · introduced · 118th Congress
  • HR 8422 Mental Health Emergency Needs in Disasters Act Amends · introduced · 118th Congress
  • HR 1796 Disaster Survivors Fairness Act of 2023 Amends · introduced · 118th Congress
  • HR 6084 Expediting Disaster Recovery Act Amends · introduced · 118th Congress
  • S 1180 FEMA Loan Interest Payment Relief Act Amends · introduced · 118th Congress
  • S 116 The Hurricanes of 2022 Disaster Relief Rectification Act Amends · introduced · 118th Congress
  • HR 8416 Disaster Survivors Fairness Act of 2022 Amends · introduced · 117th Congress
  • HR 5118 Wildfire Response and Drought Resiliency Act Amends · introduced · 117th Congress
  • HR 7668 FEMA Equity Act Amends · introduced · 117th Congress
  • S 4159 FEMA Equity Act Amends · introduced · 117th Congress
  • HR 5689 Resilient AMERICA Act Amends · introduced · 117th Congress
  • S 3256 Disaster Contract Transparency Act of 2021 Amends · introduced · 117th Congress
  • HR 5780 Disaster Equity and Fairness Act Amends · introduced · 117th Congress
  • S 3093 Disaster Equity and Fairness Act Amends · introduced · 117th Congress
  • S 2212 FEMA Loan Interest Payment Relief Act Amends · introduced · 117th Congress
  • HR 3917 MALDEN Act Amends · introduced · 117th Congress
  • HR 3459 RIDER Act Amends · introduced · 117th Congress
  • HR 2669 FEMA Loan Interest Payment Relief Act Amends · introduced · 117th Congress
  • S 2421 Disaster Contract Transparency Act of 2019 Amends · introduced · 116th Congress
  • S 1813 Smoke-Ready Communities Act of 2019 Amends · introduced · 116th Congress
  • HR 2825 DHS Authorization Act Amends · introduced · 115th Congress
  • HR 302 FAA Reauthorization Act of 2018 Amends · enacted · 115th Congress
  • S 2299 Wildfire Regulatory Relief Act of 2018 Amends · introduced · 115th Congress
  • HR 2936 Resilient Federal Forests Act of 2017 Amends · introduced · 115th Congress
  • HR 4056 Disaster Insurance Risk Equality Act Amends 5170(a) · introduced · 115th Congress
  • HR 1 Disaster Relief Appropriations Act, 2013 Amends · introduced · 112th Congress

The law today

From the official United States Code, current through Public Law 119-121.

(a) In general All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State. Such a request shall be based on a finding that the disaster 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 part of such request, and as a prerequisite to major disaster assistance under this chapter, the Governor shall take appropriate response action under State law and direct execution of the State’s emergency plan. The Governor shall furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the results of the disaster, and shall certify that, for the current disaster, State and local government obligations and expenditures (of which State commitments must be a significant proportion) will comply with all applicable cost-sharing requirements of this chapter. Based on the request of a Governor under this section, the President may declare under this chapter that a major disaster or emergency exists. (b) 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 a major disaster exists consistent with the requirements of subsection (a). (2) References In implementing assistance authorized by the President under this chapter in response to a request of the Chief Executive of an affected Indian tribal government for a major disaster 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. (c) Cost share adjustments for Indian tribal governments (1) In general In providing assistance to an Indian tribal government under this subchapter, the President may waive or adjust any payment of a non-Federal contribution with respect to the assistance if— (A) the President has the authority to waive or adjust the payment under another provision of this subchapter; and (B) the President determines that the waiver or adjustment is necessary and appropriate. (2) Criteria for making determinations The President shall establish criteria for making determinations under paragraph (1)(B).
Official text at uscode.house.gov ↗