dreamproit/uscode huggingface dataset:
42 U.S.C. § 5178 (THE PUBLIC HEALTH AND WELFARE)
§ 5178. Repealed. Pub. L. 106–390, title II, § 206(c), Oct. 30, 2000, 114 Stat. 1571
text: Section, Pub. L. 93–288, title IV, § 411, as added Pub. L. 100–707, title I, § 106(g), Nov. 23, 1988, 102 Stat. 4704, related to individual and family grant programs.
heading: Effective Date of Repeal
text: Repeal effective 18 months after Oct. 30, 2000, see section 206(d) of Pub. L. 106–390, set out as an Effective Date of 2000 Amendment note under section 5174 of this title.
heading: Prior Provisions
text: A prior section 5178, Pub. L. 93–288, title IV, § 408, May 22, 1974, 88 Stat. 156, related to individual and family grant programs, prior to repeal by Pub. L. 100–707, § 106(g).
A prior section 411 of Pub. L. 93–288 was renumbered section 414 by Pub. L. 100–707 and is classified to section 5181 of this title.
42 U.S.C. § 5180 (THE PUBLIC HEALTH AND WELFARE)
§ 5180. Food commodities
(a) Emergency mass feeding
The President is authorized and directed to assure that adequate stocks of food will be ready and conveniently available for emergency mass feeding or distribution in any area of the United States which suffers a major disaster or emergency.
(b) Funds for purchase of food commodities
The Secretary of Agriculture shall utilize funds appropriated under section 612c of title 7, to purchase food commodities necessary to provide adequate supplies for use in any area of the United States in the event of a major disaster or emergency in such area.
(Pub. L. 93–288, title IV, § 413, formerly § 410, May 22, 1974, 88 Stat. 157; renumbered § 413, Pub. L. 100–707, title I, § 106(h), Nov. 23, 1988, 102 Stat. 4705.)
heading: Prior Provisions
text: A prior section 413 of Pub. L. 93–288 was renumbered section 416 by Pub. L. 100–707 and is classified to section 5183 of this title.
42 U.S.C. § 5181 (THE PUBLIC HEALTH AND WELFARE)
§ 5181. Relocation assistance
Notwithstanding any other provision of law, no person otherwise eligible for any kind of replacement housing payment under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91–646) [42 U.S.C. 4601 et seq.] shall be denied such eligibility as a result of his being unable, because of a major disaster as determined by the President, to meet the occupancy requirements set by such Act.
(Pub. L. 93–288, title IV, § 414, formerly § 411, May 22, 1974, 88 Stat. 157; renumbered § 414, Pub. L. 100–707, title I, § 106(h), Nov. 23, 1988, 102 Stat. 4705.)
heading: References in Text
text: The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in text, is Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, as amended, which is classified principally to chapter 61 (§ 4601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4601 of this title and Tables.
heading: Prior Provisions
text: A prior section 414(a), (b) of Pub. L. 93–288 was renumbered section 417(a), (b) by Pub. L. 100–707 and is classified to section 5184 of this title.
42 U.S.C. § 5182 (THE PUBLIC HEALTH AND WELFARE)
§ 5182. Legal services
Whenever the President determines that low-income individuals are unable to secure legal services adequate to meet their needs as a consequence of a major disaster, consistent with the goals of the programs authorized by this chapter, the President shall assure that such programs are conducted with the advice and assistance of appropriate Federal agencies and State and local bar associations.
(Pub. L. 93–288, title IV, § 415, formerly § 412, May 22, 1974, 88 Stat. 157; renumbered § 415, Pub. L. 100–707, title I, § 106(h), Nov. 23, 1988, 102 Stat. 4705.)
heading: References in Text
text: This chapter, referred to in text, 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.
heading: Prior Provisions
text: A prior section 415 of Pub. L. 93–288 was renumbered section 418 by Pub. L. 100–707 and is classified to section 5185 of this title.
42 U.S.C. § 5183 (THE PUBLIC HEALTH AND WELFARE)
§ 5183. Crisis counseling assistance and training
The President is authorized to provide professional counseling services, including financial assistance to State or local agencies or private mental health organizations to provide such services or training of disaster workers, to victims of major disasters in order to relieve mental health problems caused or aggravated by such major disaster or its aftermath.
(Pub. L. 93–288, title IV, § 416, formerly § 413, May 22, 1974, 88 Stat. 157; renumbered § 416 and amended Pub. L. 100–707, title I, § 106(i), Nov. 23, 1988, 102 Stat. 4705.)
heading: Prior Provisions
text: A prior section 416 of Pub. L. 93–288 was renumbered section 419 by Pub. L. 100–707 and is classified to section 5186 of this title.
heading: Amendments
text: 1988—Pub. L. 100–707 struck out “(through the National Institute of Mental Health)” after “authorized”.
42 U.S.C. § 5185 (THE PUBLIC HEALTH AND WELFARE)
§ 5185. Emergency communications
The President is authorized during, or in anticipation of, an emergency or major disaster to establish temporary communications systems and to make such communications available to State and local government officials and other persons as he deems appropriate.
(Pub. L. 93–288, title IV, § 418, formerly § 415, May 22, 1974, 88 Stat. 158; renumbered § 418, Pub. L. 100–707, title I, § 106(j), Nov. 23, 1988, 102 Stat. 4705.)
heading: Prior Provisions
text: A prior section 418 of Pub. L. 93–288 was renumbered section 421 by Pub. L. 100–707 and is classified to section 5188 of this title.
42 U.S.C. § 5186 (THE PUBLIC HEALTH AND WELFARE)
§ 5186. Emergency public transportation
The President is authorized to provide temporary public transportation service in an area affected by a major disaster to meet emergency needs and to provide transportation to governmental offices, supply centers, stores, post offices, schools, major employment centers, and such other places as may be necessary in order to enable the community to resume its normal pattern of life as soon as possible.
(Pub. L. 93–288, title IV, § 419, formerly § 416, May 22, 1974, 88 Stat. 158; renumbered § 419, Pub. L. 100–707, title I, § 106(j), Nov. 23, 1988, 102 Stat. 4705.)
heading: Prior Provisions
text: A prior section 419 of Pub. L. 93–288 was classified to section 5189 of this title prior to repeal by Pub. L. 100–707.
42 U.S.C. § 5187 (THE PUBLIC HEALTH AND WELFARE)
§ 5187. Fire management assistance
(a) In general
The President is authorized to provide assistance, including grants, equipment, supplies, and personnel, to any State or local government for the mitigation, management, and control of any fire on public or private forest land or grassland that threatens such destruction as would constitute a major disaster.
(b) Coordination with State and tribal departments of forestry
In providing assistance under this section, the President shall coordinate with State and tribal departments of forestry.
(c) Essential assistance
In providing assistance under this section, the President may use the authority provided under section 5170b of this title.
(d) Rules and regulations
The President shall prescribe such rules and regulations as are necessary to carry out this section.
(Pub. L. 93–288, title IV, § 420, formerly § 417, May 22, 1974, 88 Stat. 158; renumbered § 420, Pub. L. 100–707, title I, § 106(j), Nov. 23, 1988, 102 Stat. 4705; Pub. L. 106–390, title III, § 303(a), Oct. 30, 2000, 114 Stat. 1572.)
heading: Amendments
text: 2000—Pub. L. 106–390 amended section catchline and text generally. Prior to amendment, text read as follows: “The President is authorized to provide assistance, including grants, equipment, supplies, and personnel, to any State for the suppression of any fire on publicly or privately owned forest or grassland which threatens such destruction as would constitute a major disaster.”
heading: Effective Date of 2000 Amendment
text: Pub. L. 106–390, title III, § 303(b), Oct. 30, 2000, 114 Stat. 1573, provided that: “The amendment made by subsection (a) [amending this section] takes effect 1 year after the date of the enactment of this Act [Oct. 30, 2000].”
42 U.S.C. § 5188 (THE PUBLIC HEALTH AND WELFARE)
§ 5188. Timber sale contracts
(a) Cost-sharing arrangement
Where an existing timber sale contract between the Secretary of Agriculture or the Secretary of the Interior and a timber purchaser does not provide relief from major physical change not due to negligence of the purchaser prior to approval of construction of any section of specified road or of any other specified development facility and, as a result of a major disaster, a major physical change results in additional construction work in connection with such road or facility by such purchaser with an estimated cost, as determined by the appropriate Secretary, (1) of more than $1,000 for sales under one million board feet, (2) of more than $1 per thousand board feet for sales of one to three million board feet, or (3) of more than $3,000 for sales over three million board feet, such increased construction cost shall be borne by the United States.
(b) Cancellation of authority
If the appropriate Secretary determines that damages are so great that restoration, reconstruction, or construction is not practical under the cost-sharing arrangement authorized by subsection (a) of this section, he may allow cancellation of a contract entered into by his Department notwithstanding contrary provisions therein.
(c) Public notice of sale
The Secretary of Agriculture is authorized to reduce to seven days the minimum period of advance public notice required by section 476 1 of title 16, in connection with the sale of timber from national forests, whenever the Secretary determines that (1) the sale of such timber will assist in the construction of any area of a State damaged by a major disaster, (2) the sale of such timber will assist in sustaining the economy of such area, or (3) the sale of such timber is necessary to salvage the value of timber damaged in such major disaster or to protect undamaged timber.
(d) State grants for removal of damaged timber; reimbursement of expenses limited to salvage value of removed timber
The President, when he determines it to be in the public interest, is authorized to make grants to any State or local government for the purpose of removing from privately owned lands timber damaged as a result of a major disaster, and such State or local government is authorized upon application, to make payments out of such grants to any person for reimbursement of expenses actually incurred by such person in the removal of damaged timber, not to exceed the amount that such expenses exceed the salvage value of such timber.
(Pub. L. 93–288, title IV, § 421, formerly § 418, May 22, 1974, 88 Stat. 158; renumbered § 421, Pub. L. 100–707, title I, § 106(j), Nov. 23, 1988, 102 Stat. 4705.)
heading: References in Text
text: Section 476 of title 16, referred to in subsec. (c), was repealed by Pub. L. 94–588, § 13, Oct. 22, 1976, 90 Stat. 2958.
42 U.S.C. § 5189b (THE PUBLIC HEALTH AND WELFARE)
§ 5189b. Date of eligibility; expenses incurred before date of disaster
Eligibility for Federal assistance under this subchapter 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 chapter.
(Pub. L. 93–288, title IV, § 424, as added Pub. L. 100–707, title I, § 106(l), Nov. 23, 1988, 102 Stat. 4706.)
heading: References in Text
text: This chapter, referred to in text, 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.
42 U.S.C. § 5189c (THE PUBLIC HEALTH AND WELFARE)
§ 5189c. Transportation assistance to individuals and households
The President may provide transportation assistance to relocate individuals displaced from their predisaster primary residences as a result of an incident declared under this chapter or otherwise transported from their predisaster primary residences under section 5170b(a)(3) or 5192 of this title, to and from alternative locations for short or long-term accommodation or to return an individual or household to their predisaster primary residence or alternative location, as determined necessary by the President.
(Pub. L. 93–288, title IV, § 425, as added Pub. L. 109–295, title VI, § 689f, Oct. 4, 2006, 120 Stat. 1452.)
heading: References in Text
text: This chapter, referred to in text, 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.
heading: Codification
text: Another section 425 of Pub. L. 93–288 was renumbered section 427 and is classified to section 5189e of this title.
42 U.S.C. § 5189d (THE PUBLIC HEALTH AND WELFARE)
§ 5189d. Case management services
The President may provide case management services, including financial assistance, to State or local government agencies or qualified private organizations to provide such services, to victims of major disasters to identify and address unmet needs.
(Pub. L. 93–288, title IV, § 426, as added Pub. L. 109–295, title VI, § 689f, Oct. 4, 2006, 120 Stat. 1453.)
42 U.S.C. § 5189e (THE PUBLIC HEALTH AND WELFARE)
§ 5189e. Essential service providers
(a) Definition
In this section, the term “essential service provider” means an entity that—
(1) provides—
(A) telecommunications service;
(B) electrical power;
(C) natural gas;
(D) water and sewer services; or
(E) any other essential service, as determined by the President;
(2) is—
(A) a municipal entity;
(B) a nonprofit entity; or
(C) a private, for profit entity; and
(3) is contributing to efforts to respond to an emergency or major disaster.
(b) Authorization for accessibility
Unless exceptional circumstances apply, in an emergency or major disaster, the head of a Federal agency, to the greatest extent practicable, shall not—
(1) deny or impede access to the disaster site to an essential service provider whose access is necessary to restore and repair an essential service; or
(2) impede the restoration or repair of the services described in subsection (a)(1).
(c) Implementation
In implementing this section, the head of a Federal agency shall follow all applicable Federal laws, regulations, and policies.
(Pub. L. 93–288, title IV, § 427, formerly § 425, as added Pub. L. 109–347, title VI, § 607, Oct. 13, 2006, 120 Stat. 1941; renumbered § 427, Pub. L. 113–2, div. B, § 1102(1), Jan. 29, 2013, 127 Stat. 39.)
42 U.S.C. § 5189g (THE PUBLIC HEALTH AND WELFARE)
§ 5189g. Unified Federal review
(a) In general
Not later than 18 months after January 29, 2013, and in consultation with the Council on Environmental Quality and the Advisory Council on Historic Preservation, the President shall establish an expedited and unified interagency review process to ensure compliance with environmental and historic requirements under Federal law relating to disaster recovery projects, in order to expedite the recovery process, consistent with applicable law.
(b) Contents
The review process established under this section shall include mechanisms to expeditiously address delays that may occur during the recovery from a major disaster and be updated, as appropriate, consistent with applicable law.
(Pub. L. 93–288, title IV, § 429, as added Pub. L. 113–2, div. B, § 1106, Jan. 29, 2013, 127 Stat. 45.)
42 U.S.C. § 5193 (THE PUBLIC HEALTH AND WELFARE)
§ 5193. Amount of assistance
(a) Federal share
The Federal share for assistance provided under this subchapter shall be equal to not less than 75 percent of the eligible costs.
(b) Limit on amount of assistance
(1) In general
Except as provided in paragraph (2), total assistance provided under this subchapter for a single emergency shall not exceed $5,000,000.
(2) Additional assistance
The limitation described in paragraph (1) may be exceeded when the President determines that—
(A) continued emergency assistance is immediately required;
(B) there is a continuing and immediate risk to lives, property, public health or safety; and
(C) necessary assistance will not otherwise be provided on a timely basis.
(3) Report
Whenever the limitation described in paragraph (1) is exceeded, the President shall report to the Congress on the nature and extent of emergency assistance requirements and shall propose additional legislation if necessary.
(Pub. L. 93–288, title V, § 503, as added Pub. L. 100–707, title I, § 107(a), Nov. 23, 1988, 102 Stat. 4707.)
42 U.S.C. § 5195b (THE PUBLIC HEALTH AND WELFARE)
§ 5195b. Administration of subchapter
This subchapter shall be carried out by the Administrator of the Federal Emergency Management Agency.
(Pub. L. 93–288, title VI, § 603, as added Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(3), Oct. 5, 1994, 108 Stat. 3102; amended Pub. L. 111–351, § 3(c)(2), Jan. 4, 2011, 124 Stat. 3864.)
heading: Amendments
text: 2011—Pub. L. 111–351 substituted “Administrator” for “Director”.
heading: Transfer of Functions
text: For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
42 U.S.C. § 5196a (THE PUBLIC HEALTH AND WELFARE)
§ 5196a. Mutual aid pacts between States and neighboring countries
The Administrator shall give all practicable assistance to States in arranging, through the Department of State, mutual emergency preparedness aid between the States and neighboring countries.
(Pub. L. 93–288, title VI, § 612, as added Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(3), Oct. 5, 1994, 108 Stat. 3105; amended Pub. L. 111–351, § 3(c)(2), Jan. 4, 2011, 124 Stat. 3864.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 2283 of Title 50, Appendix, War and National Defense, prior to repeal by Pub. L. 103–337, § 3412(a).
heading: Amendments
text: 2011—Pub. L. 111–351 substituted “Administrator” for “Director”.
heading: Transfer of Functions
text: For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
42 U.S.C. § 5196c (THE PUBLIC HEALTH AND WELFARE)
§ 5196c. Grants for construction of emergency operations centers
(a) Grants
The Administrator of the Federal Emergency Management Agency may make grants to States under this subchapter for equipping, upgrading, and constructing State and local emergency operations centers.
(b) Federal share
Notwithstanding any other provision of this subchapter, the Federal share of the cost of an activity carried out using amounts from grants made under this section shall not exceed 75 percent.
(Pub. L. 93–288, title VI, § 614, as added Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(3), Oct. 5, 1994, 108 Stat. 3107; amended Pub. L. 110–53, title II, § 202, Aug. 3, 2007, 121 Stat. 295.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 2288 of Title 50, Appendix, War and National Defense, prior to repeal by Pub. L. 103–337, § 3412(a).
heading: Amendments
text: 2007—Pub. L. 110–53 amended section generally. Prior to amendment, text read as follows: “Notwithstanding any other provision of this subchapter, funds appropriated to carry out this subchapter may not be used for the purpose of constructing emergency operating centers (or similar facilities) in any State unless such State matches in an equal amount the amount made available to such State under this subchapter for such purpose.”
heading: Non-Federal Cost Share
text: Pub. L. 108–7, div. K, title IV, § 419, Feb. 20, 2003, 117 Stat. 526, provided that: “Notwithstanding 42 U.S.C. 5196c, amounts provided in Public Law 107–117 [see Tables for classification] and subsequent appropriations Acts for the construction of emergency operations centers (or similar facilities) shall only require a 25 percent non-Federal cost share.”
42 U.S.C. § 5196d (THE PUBLIC HEALTH AND WELFARE)
§ 5196d. Use of funds to prepare for and respond to hazards
Funds made available to the States under this subchapter may be used by the States for the purposes of preparing for hazards and providing emergency assistance in response to hazards. Regulations prescribed to carry out this section shall authorize the use of emergency preparedness personnel, materials, and facilities supported in whole or in part through contributions under this subchapter for emergency preparedness activities and measures related to hazards.
(Pub. L. 93–288, title VI, § 615, as added Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(3), Oct. 5, 1994, 108 Stat. 3107.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 2289 of Title 50, Appendix, War and National Defense, prior to repeal by Pub. L. 103–337, § 3412(a).
42 U.S.C. § 5196f (THE PUBLIC HEALTH AND WELFARE)
§ 5196f. Disaster related information services
(a) In general
Consistent with section 5151(a) of this title, the Administrator of Federal 1 Emergency Management Agency shall—
(1) identify, in coordination with State and local governments, population groups with limited English proficiency and take into account such groups in planning for an emergency or major disaster;
(2) ensure that information made available to individuals affected by a major disaster or emergency is made available in formats that can be understood by—
(A) population groups identified under paragraph (1); and
(B) individuals with disabilities or other special needs; and
(3) develop and maintain an informational clearinghouse of model language assistance programs and best practices for State and local governments in providing services related to a major disaster or emergency.
(b) Group size
For purposes of subsection (a), the Administrator of Federal 1 Emergency Management Agency shall define the size of a population group.
(Pub. L. 93–288, title VI, § 616, as added Pub. L. 109–295, title VI, § 689e, Oct. 4, 2006, 120 Stat. 1452; amended Pub. L. 111–351, § 3(c)(2), Jan. 4, 2011, 124 Stat. 3864.)
heading: Amendments
text: 2011—Pub. L. 111–351 substituted “Administrator” for “Director” in subsecs. (a) and (b).