§5165d — Title 42 The Public Health and Welfare | U.S. Code

Summary

The President must appoint a Small State and Rural Advocate at FEMA. That person must speak up for fair treatment of small states and rural communities when FEMA gives disaster or emergency help. The Advocate must take part in disaster and emergency declaration decisions to make sure rural needs are considered. They must help small-population states prepare requests for disaster or emergency help. They must help gather and show evidence of severe local impacts, including per-capita income, a set of population measures (poverty, people on government aid, pre-disaster unemployment, percent 65+, percent under 18, disability rate, limited-English speakers, and special tribal issues), and harm to community infrastructure (life-saving services, essential services, transport and utilities). They must also do other tasks the FEMA Administrator finds appropriate.

Title 42, §5165d

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The President shall designate in the Federal Emergency Management Agency a Small State and Rural Advocate.

(b)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)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;

(3)assist States in the collection and presentation of material in the disaster or emergency declaration request relevant to demonstrate severe localized impacts within the State for a specific incident, including—

(A)the per capita personal income by local area, as calculated by the Bureau of Economic Analysis;

(B)the disaster impacted population profile, as reported by the Bureau of the Census, including—

(i)the percentage of the population for whom poverty status is determined;

(ii)the percentage of the population already receiving Government assistance such as Supplemental Security Income and Supplemental Nutrition Assistance Program benefits;

(iii)the pre-disaster unemployment rate;

(iv)the percentage of the population that is 65 years old and older;

(v)the percentage of the population 18 years old and younger;

(vi)the percentage of the population with a disability;

(vii)the percentage of the population who speak a language other than English and speak English less than “very well”; and

(viii)any unique considerations regarding American Indian and Alaskan Native Tribal populations raised in the State’s request for a major disaster declaration that may not be reflected in the data points referenced in this subparagraph;

(C)the impact to community infrastructure, including—

(i)disruptions to community life-saving and life-sustaining services;

(ii)disruptions or increased demand for essential community services; and

(iii)disruptions to transportation, infrastructure, and utilities; and

(D)any other information relevant to demonstrate severe local impacts; and

(4)conduct such other activities as the Administrator of the Federal Emergency Management Agency considers appropriate.

Notes & Related Subsidiaries

Editorial Notes

References in 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.

Amendments

2022—Subsec. (c)(3), (4). Pub. L. 117–263 added par. (3) and redesignated former par. (3) as (4). 2011—Subsec. (c)(3). Pub. L. 111–351 substituted “Administrator” for “Director”.

Statutory Notes and Related Subsidiaries

Construction

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].”

§5165d Designation of Small State and Rural Advocate

Summary

Title 42, §5165d

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Construction

Amendments

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