In order to dispel the rumor (as propogated by a few ignorant
blow-hards) that Bush's hands are being tied by the governor of
Louisiana, here are a couple exerpts of US Code that anyone interested
in the TRUTH should consider:
===========
Sec. 5191. 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 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 or section 5193 of this title 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) of this
section.
==========
==========
Sec. 5192. 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 lives, protect property and
public health and safety, and lessen or avert the threat of a
catastrophe;
..(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;
..(6) provide temporary housing assistance in accordance with section
5174 of this title; and
..(7) assist State and local governments in the distribution of
medicine, food, and other consumable supplies, and emergency
assistance.
(b) General
Whenever the Federal assistance provided under subsection (a) of
this section with respect to an emergency is inadequate, the President
may also provide assistance with respect to efforts to save lives,
protect property and public health and safety, and lessen or avert the
threat of a catastrophe.
============
The full code for this chapter can be found here:
http://www.access.gpo.gov/uscode/title42/chapter68_.html
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