§5189e — Title 42 The Public Health and Welfare | U.S. Code

Summary

Federal agency leaders must, as much as possible, let essential service providers get into an emergency or disaster site and must not block their work to restore services unless there are exceptional reasons. An essential service provider is an organization that provides things like phone, internet, TV, power, natural gas, water and sewer, other services the President names, or owns towers; it can be a city agency, a nonprofit, or a private company that is helping the response. Agencies must still follow other federal laws and rules.

Title 42, §5189e

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

(a)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)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)In implementing this section, the head of a Federal agency shall follow all applicable Federal laws, regulations, and policies.

Notes & Related Subsidiaries

Editorial Notes

Amendments

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).

§5189e Essential service providers

Summary

Title 42, §5189e

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata