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Title 42 — The Public Health and Welfare

Chapter 68 — Disaster Relief

§ 5165d. Designation of Small State and Rural Advocate

Statutory text

(a)

In general

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

(b)

Responsibilities

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)

Duties

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.

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. Pub. L. 93–288 title III § 326 · 88 Stat. 143

    Enacted · 42 U.S.C. § 5165d

    Pub. L. 93–288, title III, § 326, as added Pub. L. 109–295, title VI, § 689g(a), Oct. 4, 2006, 120 Stat. 1453

    Source evidence

    Code source credit
    Pub. L. 93–288, title III, § 326, as added Pub. L. 109–295, title VI, § 689g(a), Oct. 4, 2006, 120 Stat. 1453

  2. Predisaster Hazard Mitigation Act of 2010

    Pub. L. 111–351 § 3(c)(2) · 124 Stat. 3863

    Substituted · 42 U.S.C. § 5165d(c)(3)

    Pub. L. 111–351 substituted “Administrator” for “Director”

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 111–351 substituted “Administrator” for “Director”.

    Enacted provision · exact public law section
    (2) by striking “Director” each place it appears and inserting “Administrator”, except— (A) in section 622 (42 U.S.C. 5197a)— (i) in the second and fourth places it appears in subsection (c); and (ii) in subsection (d); and (B) in section 626(b) (42 U.S.C. 5197e(b)).

  3. James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

    Pub. L. 117–263 div. E title LVI § 5601(a) · 136 Stat. 2395

    1. Added · 42 U.S.C. § 5165d(c)(3); 42 U.S.C. § 5165d(c)(4)

      Pub. L. 117–263 added par. (3)

    2. Redesignated · 42 U.S.C. § 5165d(c)(3); 42 U.S.C. § 5165d(c)(4)

      Pub. L. 117–263 redesignated former par. (3) as (4)

    Source evidence

    Code amendment note
    Subsec. (c)(3), (4). Pub. L. 117–263 added par. (3) and redesignated former par. (3) as (4).

    Enacted provision · exact public law section
    (a) In General.— Section 326(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165d) is amended— (1) by striking “and” at the end of paragraph (2); (2) by redesignating paragraph (3) as paragraph (4); and (3) by inserting after paragraph (2) the following: “(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” .

3 of 4 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

This chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 93–288, , 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.

Amendments2011–2022 · 2 rounds

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), , 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 [].”

Credits

2006–2022 · 3 acts
  1. 2006Pub. L. 93–288, title III, § 326, as added Pub. L. 109–295, title VI, § 689g(a), , 120 Stat. 1453
  2. 2011amended Pub. L. 111–351, § 3(c)(2), , 124 Stat. 3864
  3. 2022Pub. L. 117–263, div. E, title LVI, § 5601(a), , 136 Stat. 3402.
Show as published

(Pub. L. 93–288, title III, § 326, as added Pub. L. 109–295, title VI, § 689g(a), , 120 Stat. 1453; amended Pub. L. 111–351, § 3(c)(2), , 124 Stat. 3864; Pub. L. 117–263, div. E, title LVI, § 5601(a), , 136 Stat. 3402.)

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