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42 U.S.C. § 5174b — Critical document fee waiver

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5174b — Critical document fee waiver

(1) **In general** — Notwithstanding [section 214 of title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section214&num=0&edition=prelim) or any other provision of law, the President, in consultation with the Governor of a State, may provide a waiver under this subsection to an individual or household described in [section 5174(e)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5174/e/1&num=0&edition=prelim) for the following document replacement fees: (A) The passport application fee for individuals who lost their United States passport in a major disaster within the preceding three calendar years. (B) The file search fee for a United States passport. (C) The Application for Waiver of Passport and/or Visa form (Form I–193) fee. (D) The Permanent Resident Card replacement form (Form I–90) filing fee. (E) The Declaration of Intention form (Form N–300) filing fee. (F) The Naturalization/Citizenship Document replacement form (Form N–565) filing fee. (G) The Employment Authorization form (Form I–765) filing fee. (H) The biometric service fee. (2) **Exemption from form requirement** — The authority of the President to waive fees under subparagraphs (C) through (H) of paragraph (1) applies regardless of whether the individual or household qualifies for a Form I–912 Request for Fee Waiver, or any successor thereto. (3) **Exemption from assistance maximum** — The assistance limit in [section 5174(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5174/h&num=0&edition=prelim) shall not apply to any fee waived under this subsection. (4) **Report** — Not later than 365 days after October 5, 2018, the Administrator and the head of any other

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Source file: Laws/federal/codes/united-states-code/title-42/section-5174b-critical-document-fee-waiver--0c2ca4e421.md
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Source location: Title 42, Chapter 68, § 5174b; chapter-068-disaster-relief.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5121 — Congressional findings and declarations

**(a)** The Congress hereby finds and declares that— (1) because disasters often cause loss of life, human suffering, loss of income, and property loss and damage; and (2) because disasters often disrupt the normal functioning of governments and communities, and adversely affect individuals and families with great severity; special measures, designed to assist the efforts of the affected States in expediting the rendering of aid, assistance, and emergency services, and the reconstruction and rehabilitation of devastated areas, are necessary. **(b)** It is the intent of the Congress, by this chapter, to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from such disasters by— (1) revising and broadening the scope of existing disaster relief programs; (2) encouraging the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and by local governments; (3) achieving greater coordination and responsiveness of disaster preparedness and relief programs; (4) encouraging individuals, States, and local governments to protect themselves by obtaining insurance coverage to supplement or replace governmental assistance; (5) encouraging hazard mitigation measures to reduce losses from disasters, including development of land use and construction regulations; (6) providing Federal assistance programs for both public and private losses sustained in disasters; and (7) identifying and improving the climate and natural hazard resilience of vulnerable communities.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5122 — Definitions

As used in this chapter— (1) **Emergency.—** — “Emergency” means any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States. (2) **Major disaster.—** — “Major disaster” means any natural catastrophe (including any hurricane, tornado, storm, high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or, regardless of cause, any fire, flood, or explosion, in any part of the United States, which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster assistance under this chapter to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby. (3) “United States” means the fifty States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (4) “State” means any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (5) “Governor” means the chief executive of any State. (6) **Indian tribal government.—** — The term “Indian tribal government” means the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe under the Federally Recognized Indian Tribe List Act of 1994 ([25 U.S.C.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 214 — Fees for execution and issuance of passports; persons excused from payment

**(a)** (1) There shall be collected and paid into the Treasury of the United States a fee, prescribed by the Secretary of State by regulation, for the filing of each application for a passport (including the cost of passport issuance and use) and a fee, prescribed by the Secretary of State by regulation, for executing each such application except that the Secretary of State may by regulation authorize State officials or the United States Postal Service to collect and retain the execution fee for each application for a passport accepted by such officials or by that Service. Such fees shall not be refundable, except as the Secretary may by regulation prescribe. (2) Notwithstanding paragraph (1), no passport fee shall be collected from— (A) an officer or employee of the United States proceeding abroad in the discharge of official duties, or from immediate family of such officer or employee; (B) an American sailor who requires a passport in connection with assigned duties aboard an American flag-vessel; (C) a widow, widower, child, parent, grandparent, brother, or sister of a deceased member of the Armed Forces proceeding abroad to visit the grave of such member or to attend a funeral or memorial service for such member; (D) an individual or individuals abroad, returning to the United States, when the Secretary determines that foregoing the collection of such fee is justified for humanitarian reasons or for law enforcement purposes; (E) at the discretion of the Secretary, an individual who— (i) is operating under a contract, grant, or cooperative agreement with the United States Government to participate in search, rescue, and other related disaster relief operations within a foreign country following a natural disaster; or (ii) is required pursu

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Federal law — U.S. Code and appendices · legal_authorities

3 U.S.C. § 301 — General authorization to delegate functions; publication of delegations

The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5174b — Critical document fee waiver

Page 6412 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5174b land Security and Governmental Affairs of the Senate actions that the Administrator will take to reduce the error rate. (b) Recoupment of certain assistance prohibited (1) In general Notwithstanding section 3716(e) of title 31, and unless there is evidence of civil or crimi- nal fraud, the Agency may not take any action to recoup covered assistance from the recipi- ent of such assistance if the receipt of such as- sistance occurred on a date that is more than 3 years before the date on which the Agency first provides to the recipient written notifica- tion of an intent to recoup. (2) Covered assistance defined In this subsection, the term ‘‘covered assist- ance’’ means assistance provided— (A) under section 5174 of this title; and (B) in relation to a major disaster or emer- gency declared by the President under sec- tion 5170 or 5191 of this title, respectively, on or after January 1, 2012. (c) Statute of limitations (1) Omitted (2) Applicability (A) In general With respect to disaster or emergency as- sistance provided to a State or local govern- ment on or after January 1, 2004— (i) no administrative action may be taken to recover a payment of such assist- ance after October 5, 2018, if the action is prohibited under section 5205(a)(1) of this title, as amended by paragraph (1); and (ii) any administrative action to recover a payment of such assistance that is pend- ing on such date of enactment shall be ter- minated if the action is prohibited under section 5205(a)(1) of this title, as amended by paragraph (1). (B) Limitation This section, including the amendments made by this section, may not be construed to invalidate or otherwise affect any admin- istration action completed bef

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