Page:United States Statutes at Large Volume 102 Part 5.djvu/700

 102 STAT. 4706

President of U.S. 42 USC 5189b. President of U.S.

PUBLIC LAW 100-707—NOV. 23, 1988

which the Federal official designated to administer such appeals receives notice of such appeal. "(c) RuLES.—The President shall issue rules which provide for the fair and impartial consideration of appeals under this section. "SEC. 424. DATE OF ELIGIBILITY; EXPENSES INCURRED BEFORE DATE OF DISASTER. "Eligibility for Federal assistance under this title shall begin on the date of the occurrence of the event which results in a declaration by the President that a major disaster exists; except that reasonable expenses which are incurred in anticipation of and immediately preceding such event may be eligible for Federal assistance under this Act.". SEC. 107. FEDERAL EMERGENCY ASSISTANCE PROGRAMS. (a)

FEDERAL EMERGENCY ASSISTANCE PROGRAMS.

-Title V is

amended to read as follows:

"TITLE V—EMERGENCY ASSISTANCE PROGRAMS 42 USC 5191.

"SEC. SOL 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 Act, 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 RESPON-

President of U.S.

42 USC 5192.

siBiuTY.—The President may exercise any authority vested in him by section 502 or section 503 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). "SEC. 502. 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

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