dreamproit/uscode huggingface dataset:
42 U.S.C. § 5165c (THE PUBLIC HEALTH AND WELFARE)
§ 5165c. Public notice, comment, and consultation requirements
(a) Public notice and comment concerning new or modified policies
(1) In general
The President shall provide for public notice and opportunity for comment before adopting any new or modified policy that—
(A) governs implementation of the public assistance program administered by the Federal Emergency Management Agency under this chapter; and
(B) could result in a significant reduction of assistance under the program.
(2) Application
Any policy adopted under paragraph (1) shall apply only to a major disaster or emergency declared on or after the date on which the policy is adopted.
(b) Consultation concerning interim policies
(1) In general
Before adopting any interim policy under the public assistance program to address specific conditions that relate to a major disaster or emergency that has been declared under this chapter, the President, to the maximum extent practicable, shall solicit the views and recommendations of grantees and subgrantees with respect to the major disaster or emergency concerning the potential interim policy, if the interim policy is likely—
(A) to result in a significant reduction of assistance to applicants for the assistance with respect to the major disaster or emergency; or
(B) to change the terms of a written agreement to which the Federal Government is a party concerning the declaration of the major disaster or emergency.
(2) No legal right of action
Nothing in this subsection confers a legal right of action on any party.
(c) Public access
The President shall promote public access to policies governing the implementation of the public assistance program.
(Pub. L. 93–288, title III, § 325, as added Pub. L. 106–390, title II, § 203, Oct. 30, 2000, 114 Stat. 1560.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsecs. (a)(1)(A) and (b)(1), 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: 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. § 5165d (THE PUBLIC HEALTH AND WELFARE)
§ 5165d. Designation of Small State and Rural Advocate
(a) In general
The President shall designate in the Federal Emergency Management Agency a Small State and Rural Advocate.
(b) Responsibilities
The Small State and Rural Advocate shall be an advocate for the fair treatment of small States and rural communities in the provision of assistance under this chapter.
(c) Duties
The Small State and Rural Advocate shall—
(1) participate in the disaster declaration process under section 5170 of this title and the emergency declaration process under section 5191 of this title, to ensure that the needs of rural communities are being addressed;
(2) assist small population States in the preparation of requests for major disaster or emergency declarations; and
(3) conduct such other activities as the Administrator of the Federal Emergency Management Agency considers appropriate.
(Pub. L. 93–288, title III, § 326, as added Pub. L. 109–295, title VI, § 689g(a), Oct. 4, 2006, 120 Stat. 1453; amended Pub. L. 111–351, § 3(c)(2), Jan. 4, 2011, 124 Stat. 3864.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (b), 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: Amendments
text: 2011—Subsec. (c)(3). Pub. L. 111–351 substituted “Administrator” for “Director”.
heading: Statutory Notes and Related Subsidiaries
heading: Construction
text: Pub. L. 109–295, title VI, § 689g(c), Oct. 4, 2006, 120 Stat. 1453, provided that: “Nothing in this section [enacting this section] or the amendments made by this section shall be construed to authorize major disaster or emergency assistance that is not authorized as of the date of enactment of this Act [Oct. 4, 2006].”
42 U.S.C. § 5165g (THE PUBLIC HEALTH AND WELFARE)
§ 5165g. National veterinary emergency teams
(a) In general
The Administrator of the Federal Emergency Management Agency may establish one or more national veterinary emergency teams at accredited colleges of veterinary medicine.
(b) Responsibilities
A national veterinary emergency team shall—
(1) deploy with a team of the National Urban Search and Rescue Response System to assist with—
(A) veterinary care of canine search teams;
(B) locating and treating companion animals, service animals, livestock, and other animals; and
(C) surveillance and treatment of zoonotic diseases;
(2) recruit, train, and certify veterinary professionals, including veterinary students, in accordance with an established set of plans and standard operating guidelines to carry out the duties associated with planning for and responding to major disasters and emergencies as described in paragraph (1);
(3) assist State governments, Indian tribal governments, local governments, and nonprofit organizations in developing emergency management and evacuation plans that account for the care and rescue of animals and in improving local readiness for providing veterinary medical response during an emergency or major disaster; and
(4) coordinate with the Department of Homeland Security, the Department of Health and Human Services, the Department of Agriculture, State, local, and Indian tribal governments (including departments of animal and human health), veterinary and health care professionals, and volunteers.
(Pub. L. 115–254, div. D, § 1218, Oct. 5, 2018, 132 Stat. 3452.)
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: Effective Date
text: Authorities provided under div. D of Pub. L. 115–254, which enacted this section, applicable to each major disaster and emergency declared by the President under Pub. L. 93–288 on or after Jan. 1, 2016, except as otherwise provided, see section 1202(b) of Pub. L. 115–254, set out in an Effective Date of 2018 Amendment note under section 5121 of this title.
heading: Definitions
text: For definition of “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. § 5171 (THE PUBLIC HEALTH AND WELFARE)
§ 5171. Federal facilities
(a) Repair, reconstruction, restoration, or replacement of United States facilities
The President may authorize any Federal agency to repair, reconstruct, restore, or replace any facility owned by the United States and under the jurisdiction of such agency which is damaged or destroyed by any major disaster if he determines that such repair, reconstruction, restoration, or replacement is of such importance and urgency that it cannot reasonably be deferred pending the enactment of specific authorizing legislation or the making of an appropriation for such purposes, or the obtaining of congressional committee approval.
(b) Availability of funds appropriated to agency for repair, reconstruction, restoration, or replacement of agency facilities
In order to carry out the provisions of this section, such repair, reconstruction, restoration, or replacement may be begun notwithstanding a lack or an insufficiency of funds appropriated for such purpose, where such lack or insufficiency can be remedied by the transfer, in accordance with law, of funds appropriated to that agency for another purpose.
(c) Steps for mitigation of hazards
In implementing this section, Federal agencies shall evaluate the natural hazards to which these facilities are exposed and shall take appropriate action to mitigate such hazards, including safe land-use and construction practices, in accordance with standards prescribed by the President.
(Pub. L. 93–288, title IV, § 405, formerly § 401, May 22, 1974, 88 Stat. 153; renumbered § 405, Pub. L. 100–707, title I, § 106(a)(2), Nov. 23, 1988, 102 Stat. 4696.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 405 of Pub. L. 93–288 was classified to section 5175 of this title prior to repeal by Pub. L. 100–707.
42 U.S.C. § 5173 (THE PUBLIC HEALTH AND WELFARE)
§ 5173. Debris removal
(a) Presidential authority
The President, whenever he determines it to be in the public interest, is authorized—
(1) through the use of Federal departments, agencies, and instrumentalities, to clear debris and wreckage resulting from a major disaster from publicly and privately owned lands and waters; and
(2) to make grants to any State or local government or owner or operator of a private nonprofit facility for the purpose of removing debris or wreckage resulting from a major disaster from publicly or privately owned lands and waters.
(b) Authorization by State or local government; indemnification agreement
No authority under this section shall be exercised unless the affected State or local government shall first arrange an unconditional authorization for removal of such debris or wreckage from public and private property, and, in the case of removal of debris or wreckage from private property, shall first agree to indemnify the Federal Government against any claim arising from such removal.
(c) Rules relating to large lots
The President shall issue rules which provide for recognition of differences existing among urban, suburban, and rural lands in implementation of this section so as to facilitate adequate removal of debris and wreckage from large lots.
(d) Federal share
The Federal share of assistance under this section shall be not less than 75 percent of the eligible cost of debris and wreckage removal carried out under this section.
(e) Expedited payments
(1) Grant assistance
In making a grant under subsection (a)(2), the President shall provide not less than 50 percent of the President’s initial estimate of the Federal share of assistance as an initial payment in accordance with paragraph (2).
(2) Date of payment
Not later than 60 days after the date of the estimate described in paragraph (1) and not later than 90 days after the date on which the State or local government or owner or operator of a private nonprofit facility applies for assistance under this section, an initial payment described in paragraph (1) shall be paid.
(Pub. L. 93–288, title IV, § 407, formerly § 403, May 22, 1974, 88 Stat. 154; renumbered § 407 and amended Pub. L. 100–707, title I, § 106(c), Nov. 23, 1988, 102 Stat. 4701; Pub. L. 109–347, title VI, § 610, Oct. 13, 2006, 120 Stat. 1942.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 407 of Pub. L. 93–288 was renumbered section 410 by Pub. L. 100–707 and is classified to section 5177 of this title.
heading: Amendments
text: 2006—Subsec. (e). Pub. L. 109–347 added subsec. (e).
1988—Subsec. (a)(2). Pub. L. 100–707, § 106(c)(2), inserted “or owner or operator of a private nonprofit facility” after “local government”.
Subsecs. (c), (d). Pub. L. 100–707, § 106(c)(3), added subsecs. (c) and (d).
42 U.S.C. § 5177a (THE PUBLIC HEALTH AND WELFARE)
§ 5177a. Emergency grants to assist low-income migrant and seasonal farmworkers
(a) In general
The Secretary of Agriculture may make grants to public agencies or private organizations with tax exempt status under section 501(c)(3) of title 26, that have experience in providing emergency services to low-income migrant and seasonal farmworkers where the Secretary determines that a local, State or national emergency or disaster has caused low-income migrant or seasonal farmworkers to lose income, to be unable to work, or to stay home or return home in anticipation of work shortages. Emergency services to be provided with assistance received under this section may include such types of assistance as the Secretary of Agriculture determines to be necessary and appropriate.
(b) “Low-income migrant or seasonal farmworker” defined
For the purposes of this section, the term “low-income migrant or seasonal farmworker” means an individual—
(1) who has, during any consecutive 12 month period within the preceding 24 month period, performed farm work for wages;
(2) who has received not less than one-half of such individual’s total income, or been employed at least one-half of total work time in farm work; and
(3) whose annual family income within the 12 month period referred to in paragraph (1) does not exceed the higher of the poverty level or 70 percent of the lower living standard income level.
(c) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this section.
(Pub. L. 101–624, title XXII, § 2281, Nov. 28, 1990, 104 Stat. 3978; Pub. L. 107–171, title X, § 10102, May 13, 2002, 116 Stat. 488.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Food, Agriculture, Conservation, and Trade Act of 1990, and not as part of the Robert T. Stafford Disaster Relief and Emergency Assistance Act which comprises this chapter.
heading: Amendments
text: 2002—Subsec. (a). Pub. L. 107–171 struck out “, not to exceed $20,000,000 annually,” after “Secretary of Agriculture may make grants”.
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: Editorial Notes
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.
heading: Statutory Notes and Related Subsidiaries
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.
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: Editorial Notes
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: Editorial Notes
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: 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: 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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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. § 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: Editorial Notes
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.