§ 5149. Performance of services

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1974

   Pub. L. 93–288 title III § 306 · 88 Stat. 143

   Enacted · 42 U.S.C. § 5149

   Pub. L. 93–288, title III, § 306, formerly § 309, May 22, 1974, 88 Stat. 149

   Source evidence

   Code source credit
   Pub. L. 93–288, title III, § 306, formerly § 309, May 22, 1974, 88 Stat. 149

   Enacted provision · exact public law section
   Sec. 306. (a) In any major disaster or emergency. Federal agencies 42 USC 5146. are hereby authorized, on the direction of the President, to provide assistance by— (1) utilizing or lending, with or without compensation therefor, to States and local governments, their equipment, supplies, facilities, personnel, and other resources, other than the extension of credit under the authority of any Act; (2) distributing or rendering, through the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief and disaster assistance organizations, or otherwise, medicine, food and other consumable supplies, or emergency assistance; (3) donating or lending equipment and supplies, including that determined in accordance with applicable laws to be surplus to the needs and responsibilities of the Federal Government, to State and local governments for use or distribution by them for the purposes of this Act; and (4) Performing on public or private lands or waters any emergency work or services essential to save lives and to protect and preserve property, public health and safety, including but not limited to: search and rescue, emergency medical care, emergency mass care, emergency shelter, and provisions of food, water, medicine, and other essential needs, including movement of supplies or persons; clearance of roads and construction of temporary bridges necessary to the performance of emergency tasks and essential community services; provision of temporary facilities for schools and other essential community services; demolition of unsafe structures that endanger the public; warning of further risks and hazards; public information and assistance on health and safety measures; technical advice to State and local governments on disaster management and control; reduction of immediate threats to life, property, and public health and safety; and making contributions to State or local governments for the purpose of carrying out the provisions of this paragraph. (b) Work performed under this section shall not preclude additional Federal assistance under any other section of this Act.

2. 2018

   Disaster Recovery Reform Act of 2018

   Pub. L. 115–254 div. D § 1222 · 132 Stat. 3187

   Added · 42 U.S.C. § 5149(c)

   Pub. L. 115–254 added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 115–254 added subsec. (c).

   Enacted provision · exact public law section
   SEC. 1222. PERFORMANCE OF SERVICES.   Section 306 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5149) is amended by adding at the end the following: “(c) The Administrator of the Federal Emergency Management Agency is authorized to appoint temporary personnel, after serving continuously for 3 years, to positions in the Federal Emergency Management Agency in the same manner that competitive service employees with competitive status are considered for transfer, reassignment, or promotion to such positions. An individual appointed under this subsection shall become a career-conditional employee, unless the employee has already completed the service requirements for career tenure.” .

   Effective date note
   Amendment by Pub. L. 115–254 applicable to each major disaster and emergency declared by the President on or after Aug. 1, 2017, and authorities provided under div. D of Pub. L. 115–254 applicable to each major disaster and emergency declared by the President on or after Jan. 1, 2016, except as otherwise provided, see section 1202 of Pub. L. 115–254, set out as a note under section 5121 of this title.

3. 2022

   Civilian Reservist Emergency Workforce Act of 2021

   Pub. L. 117–178 § 2 · 136 Stat. 2110

   Added · 42 U.S.C. § 5149(d)

   Pub. L. 117–178 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 117–178 added subsec. (d).

   Enacted provision · exact public law section
   SEC. 2. PERSONNEL PERFORMING SERVICE RESPONDING TO PRESIDENTIALLY DECLARED MAJOR DISASTERS AND EMERGENCIES.   Section 306 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5149) is amended by adding at the end the following: “(d) Personnel Performing Service Responding to Disasters and Emergencies.— “(1) USERRA employment and reemployment rights.— The protections, Applicability. rights, benefits, and obligations provided under chapter 43 of title 38, United States Code, shall apply to intermittent personnel appointed pursuant to subsection (b)(1) to perform service to the Federal Emergency Management Agency under sections 401 and 501 or to train for such service. “(2) Notice of absence from position of employment.— Preclusion of giving notice of service by necessity of service under subsection (b)(1) to perform service to the Federal Emergency Management Agency under sections 401 and 501 or to train for such service shall be considered preclusion by ‘military necessity’ for purposes of section 4312(b) of title 38, United States Code, pertaining to giving notice of absence from a position of employment. Determination. A determination of such necessity shall be made by the Administrator and shall not be subject to review in any judicial or administrative proceeding.” .

3 of 3 references resolved to an enrolled provision