42 U.S.C.
United States Code, 2008 Edition
Title 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 68 - DISASTER RELIEF
SUBCHAPTER IV - MAJOR DISASTER ASSISTANCE PROGRAMS
Sec. 5189e - Essential service providers
From the U.S. Government Printing Office, www.gpo.gov

§5189e. Essential service providers

(a) Definition

In this section, the term “essential service provider” means an entity that—

(1) provides—

(A) telecommunications service;

(B) electrical power;

(C) natural gas;

(D) water and sewer services; or

(E) any other essential service, as determined by the President;


(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, §425, as added Pub. L. 109–347, title VI, §607, Oct. 13, 2006, 120 Stat. 1941.)

Codification

Another section 425 of Pub. L. 93–288 is classified to section 5189c of this title.