§ 5189e. Essential service providers

Statutory text

Definition

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

provides

wireline or mobile telephone service, Internet access service, radio or television broadcasting, cable service, or direct broadcast satellite service;

electrical power;

natural gas;

water and sewer services; or

any other essential service, as determined by the President; or

is a tower owner or operator;

is—

a municipal entity;

a nonprofit entity; or

a private, for profit entity; and

is contributing to efforts to respond to an emergency or major disaster.

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—

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

impede the restoration or repair of the services described in subsection (a)(1).

Implementation

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

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.

2006
Pub. L. 93–288 title IV § 427 · 88 Stat. 143
Enacted · 42 U.S.C. § 5189e
Pub. L. 93–288, title IV, § 427, formerly § 425, as added Pub. L. 109–347, title VI, § 607, Oct. 13, 2006, 120 Stat. 1941
Source evidence
Code source credit
Pub. L. 93–288, title IV, § 427, formerly § 425, as added Pub. L. 109–347, title VI, § 607, Oct. 13, 2006, 120 Stat. 1941
2018
Energy and Water Development and Related Agencies Appropriations Act, 2018
Pub. L. 115–141 div. P title III § 302 · 132 Stat. 348
1. Amended · 42 U.S.C. § 5189e(a)(1)
  Pub. L. 115–141 designated existing provisions as subpar. (A)
2. Redesignated · 42 U.S.C. § 5189e(a)(1)
  Pub. L. 115–141 redesignated former subpars. (A) to (E) as cls. (i) to (v), respectively, of subpar. (A)
3. Substituted · 42 U.S.C. § 5189e(a)(1)
  Pub. L. 115–141 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)
4. Added · 42 U.S.C. § 5189e(a)(1)
  Pub. L. 115–141 added subpar. (B)
Source evidence
Code amendment note
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).
Enacted provision · exact public law section
Sec. 302. Funds appropriated by this or any other Act, or made available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 3094) during fiscal year 2018 until the enactment of the Intelligence Authorization Act for fiscal year 2018.

4 of 5 references resolved to an enrolled provision · 1 partial

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).

Credits

2006–2018 · 3 acts

2006Pub. L. 93–288, title IV, § 427, formerly § 425, as added Pub. L. 109–347, title VI, § 607, Oct. 13, 2006, 120 Stat. 1941
2013renumbered § 427, Pub. L. 113–2, div. B, § 1102(1), Jan. 29, 2013, 127 Stat. 39
2018amended Pub. L. 115–141, div. P, title III, § 302, Mar. 23, 2018, 132 Stat. 1087.

Show as published

(Pub. L. 93–288, title IV, § 427, formerly § 425, as added Pub. L. 109–347, title VI, § 607, Oct. 13, 2006, 120 Stat. 1941; renumbered § 427, Pub. L. 113–2, div. B, § 1102(1), Jan. 29, 2013, 127 Stat. 39; amended Pub. L. 115–141, div. P, title III, § 302, Mar. 23, 2018, 132 Stat. 1087.)