dreamproit/uscode huggingface dataset:
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: Editorial Notes
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: Editorial Notes
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. § 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)
(A) provides
(i) wireline or mobile telephone service, Internet access service, radio or television broadcasting, cable service, or direct broadcast satellite service;
(ii) electrical power;
(iii) natural gas;
(iv) water and sewer services; or
(v) any other essential service, as determined by the President; or
(B) is a tower owner or operator;
(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; amended Pub. L. 115–141, div. P, title III, § 302, Mar. 23, 2018, 132 Stat. 1087.)
heading: Editorial Notes
heading: Amendments
text: 2018—Subsec. (a)(1). Pub. L. 115–141 designated existing provisions as subpar. (A), redesignated former subpars. (A) to (E) as cls. (i) to (v), respectively, of subpar. (A), substituted “wireline or mobile telephone service, Internet access service, radio or television broadcasting, cable service, or direct broadcast satellite service” for “telecommunications service” in cl. (i), and added subpar. (B).
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.)
heading: Statutory Notes and Related Subsidiaries
heading: Unified Federal Environmental and Historic Preservation Review
text: Pub. L. 115–254, div. D, § 1220, Oct. 5, 2018, 132 Stat. 3453, provided that:
“(a) Review and Analysis.—
Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Emergency Management Agency] shall review the Unified Federal Environmental and Historic Preservation review process established pursuant to section 429 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189g), and submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate that includes the following:
“(1) An analysis of whether and how the unified process has expedited the interagency review process to ensure compliance with the environmental and historic requirements under Federal law relating to disaster recovery projects.
“(2) A survey and analysis of categorical exclusions used by other Federal agencies that may be applicable to any activity related to a major disaster or emergency declared by the President under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170, 5191).
“(3) Recommendations on any further actions, including any legislative proposals, needed to expedite and streamline the review process.
“(b) Regulations.—
After completing the review, survey, and analyses under subsection (a), but not later than 2 years after the date of enactment of this Act, and after providing notice and opportunity for public comment, the Administrator shall issue regulations to implement any regulatory recommendations, including any categorical exclusions identified under subsection (a), to the extent that the categorical exclusions meet the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations, and section II of DHS Instruction Manual 023–01–001–01.”
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: Editorial Notes
heading: Amendments
text: 2011—Pub. L. 111–351 substituted “Administrator” for “Director”.
heading: Statutory Notes and Related Subsidiaries
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: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 2283 of the former Appendix to Title 50, 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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 2288 of the former Appendix to Title 50, 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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 2289 of the former Appendix to Title 50, 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: Editorial Notes
heading: Amendments
text: 2011—Pub. L. 111–351 substituted “Administrator” for “Director” in subsecs. (a) and (b).
42 U.S.C. § 5196g (THE PUBLIC HEALTH AND WELFARE)
§ 5196g. Guidance and training by FEMA on coordination of emergency response plans
(a) Training requirement
The Administrator, in coordination with other relevant agencies, shall provide guidance and training on an annual basis to State, local, and Indian tribal governments, first responders, and facilities that store hazardous materials on coordination of emergency response plans in the event of a major disaster or emergency, including severe weather events. The guidance and training shall include the following:
(1) Providing a list of equipment required in the event a hazardous substance is released into the environment.
(2) Outlining the health risks associated with exposure to hazardous substances to improve treatment response.
(3) Publishing best practices for mitigating further danger to communities from hazardous substances.
(b) Implementation
The requirement of subsection (a) shall be implemented not later than 180 days after October 5, 2018.
(Pub. L. 115–254, div. D, § 1236, Oct. 5, 2018, 132 Stat. 3464.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Disaster Recovery Reform Act of 2018 and as part of the FAA Reauthorization Act of 2018, and not as part of the Robert T. Stafford Disaster Relief and Emergency Assistance Act which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
heading: Definitions
text: For definition of “Administrator” and “State” as used in this section, see section 1203 of Pub. L. 115–254, set out as a note under section 5122 of this title.
42 U.S.C. § 5197b (THE PUBLIC HEALTH AND WELFARE)
§ 5197b. Use of existing facilities
In performing duties under this subchapter, the Administrator—
(1) shall cooperate with the various departments and agencies of the Federal Government;
(2) shall use, to the maximum extent, the existing facilities and resources of the Federal Government and, with their consent, the facilities and resources of the States and political subdivisions thereof, and of other organizations and agencies; and
(3) shall refrain from engaging in any form of activity which would duplicate or parallel activity of any other Federal department or agency unless the Administrator, with the written approval of the President, shall determine that such duplication is necessary to accomplish the purposes of this subchapter.
(Pub. L. 93–288, title VI, § 623, as added Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(3), Oct. 5, 1994, 108 Stat. 3110; amended Pub. L. 111–351, § 3(c)(2), Jan. 4, 2011, 124 Stat. 3864.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 2257 of the former Appendix to Title 50, 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” in introductory provisions and in par. (3).
heading: Statutory Notes and Related Subsidiaries
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. § 5197c (THE PUBLIC HEALTH AND WELFARE)
§ 5197c. Annual report to Congress
The Administrator shall annually submit a written report to the President and Congress covering expenditures, contributions, work, and accomplishments of the Federal Emergency Management Agency pursuant to this subchapter, accompanied by such recommendations as the Administrator considers appropriate.
(Pub. L. 93–288, title VI, § 624, as added Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(3), Oct. 5, 1994, 108 Stat. 3110; amended Pub. L. 111–351, § 3(c)(2), Jan. 4, 2011, 124 Stat. 3864.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 2258 of the former Appendix to Title 50, 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” in two places.
heading: Statutory Notes and Related Subsidiaries
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. § 5197d (THE PUBLIC HEALTH AND WELFARE)
§ 5197d. Applicability of subchapter
The provisions of this subchapter shall be applicable to the United States, its States, Territories and possessions, and the District of Columbia, and their political subdivisions.
(Pub. L. 93–288, title VI, § 625, as added Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(3), Oct. 5, 1994, 108 Stat. 3110.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 2259 of the former Appendix to Title 50, War and National Defense, prior to repeal by Pub. L. 103–337, § 3412(a).
42 U.S.C. § 5197e (THE PUBLIC HEALTH AND WELFARE)
§ 5197e. Authorization of appropriations and transfers of funds
(a) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this subchapter.
(b) Transfer authority
Funds made available for the purposes of this subchapter may be allocated or transferred for any of the purposes of this subchapter, with the approval of the Director of the Office of Management and Budget, to any agency or government corporation designated to assist in carrying out this subchapter. Each such allocation or transfer shall be reported in full detail to the Congress within 30 days after such allocation or transfer.
(Pub. L. 93–288, title VI, § 626, as added Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(3), Oct. 5, 1994, 108 Stat. 3110.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 2260 of the former Appendix to Title 50, War and National Defense, prior to repeal by Pub. L. 103–337, § 3412(a).
42 U.S.C. § 5197f (THE PUBLIC HEALTH AND WELFARE)
§ 5197f. Relation to Atomic Energy Act of 1954
Nothing in this subchapter shall be construed to alter or modify the provisions of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
(Pub. L. 93–288, title VI, § 627, as added Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(3), Oct. 5, 1994, 108 Stat. 3110.)
heading: Editorial Notes
heading: References in Text
text: The Atomic Energy Act of 1954, referred to in text, is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables.
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 2262 of the former Appendix to Title 50, War and National Defense, prior to repeal by Pub. L. 103–337, § 3412(a).
42 U.S.C. § 5197g (THE PUBLIC HEALTH AND WELFARE)
§ 5197g. Federal Bureau of Investigation
Nothing in this subchapter shall be construed to authorize investigations of espionage, sabotage, or subversive acts by any persons other than personnel of the Federal Bureau of Investigation.
(Pub. L. 93–288, title VI, § 628, as added Pub. L. 103–337, div. C, title XXXIV, § 3411(a)(3), Oct. 5, 1994, 108 Stat. 3110.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 2263 of the former Appendix to Title 50, War and National Defense, prior to repeal by Pub. L. 103–337, § 3412(a).