PRIA, Government Policy, Made Personal

Summary

Allows certain companies and groups to get into disaster areas to fix important services. An essential service provider is one that supplies phone, internet, radio/TV/cable/satellite, electricity, natural gas, water and sewer, other services the President names, or that owns or runs towers. It can be a city agency, a nonprofit, or a private company. It must be helping with the emergency response. Unless there are exceptional circumstances, during an emergency or major disaster federal agency heads must, as much as possible, not block or delay these providers from reaching the site or restoring services. Agencies must still follow all other federal laws, rules, and policies.

Title 42, §5189e

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

(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.

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