42 U.S.C. § 5177 — Unemployment assistance

Page 6413 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5177 agency given critical document fee waiver au- thority under this subsection shall submit a re- port to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastruc- ture of the House of Representatives on the costs associated with providing critical docu- ment fee waivers as described in paragraph (1). (Pub. L. 115–254, div. D, § 1238(a), Oct. 5, 2018, 132 Stat. 3465.) Editorial Notes CODIFICATION Section was enacted as part of the Disaster Recovery Reform Act of 2018 and as part of the FAA Reauthoriza- tion Act of 2018, and not as part of the Robert T. Staf- ford Disaster Relief and Emergency Assistance Act which comprises this chapter. Section is comprised of subsec. (a) of section 1238 of Pub. L. 115–254. Subsecs. (b) and (c) of section 1238 of Pub. L. 115–254 amended section 5122 of this title and enacted provisions set out as a note under that section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Authorities provided under div. D of Pub. L. 115–254, which enacted this section, applicable to each major disaster and emergency declared by the President under Pub. L. 93–288 on or after Jan. 1, 2016, except as otherwise provided, see section 1202(b) of Pub. L. 115–254, set out in an Effective Date of 2018 Amendment note under section 5121 of this title. DEFINITIONS For definitions of terms used in this section, see sec- tion 1203 of Pub. L. 115–254, set out as a note under sec- tion 5122 of this title. Executive Documents DELEGATION OF FUNCTIONS AND AUTHORITIES UNDER SECTION 1238 OF THE FAA REAUTHORIZATION ACT OF 2018 Memorandum of President of the United States, Dec. 21, 2018, 84 F.R. 3957, provided: Memorandum for the Secretary of State [and] the Secretary of Homeland Security By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby: (1) delegate to the Secretary of State the functions and authorities vested in the President by sections 1238(a)(1)(A)–(B) of the FAA Reauthorization Act of 2018 (Public Law 115–254) [42 U.S.C. 5174b(a)(1)(A)–(B)]; and (2) delegate to the Secretary of Homeland Security the functions and authorities vested in the President by sections 1238(a)(1)(C)–(H) of the FAA Reauthoriza- tion Act of 2018. The delegations in this memorandum shall apply to any provisions of any future public law that are the same or substantially the same as the provisions ref- erenced in this memorandum. The Secretary of State and the Secretary of Homeland Security may redele- gate within their departments the functions and au- thorities delegated by this memorandum to the extent authorized by law. The Secretary of State is authorized and directed to publish this memorandum in the Federal Register. DONALD J. TRUMP. § 5175. Repealed. Pub. L. 100–707, title I, § 105(m)(2), Nov. 23, 1988, 102 Stat. 4696 Section, Pub. L. 93–288, title IV, § 405, May 22, 1974, 88 Stat. 155, related to protection of environment. § 5176. Repealed. Pub. L. 106–390, title I, § 104(c)(2), Oct. 30, 2000, 114 Stat. 1559 Section, Pub. L. 93–288, title IV, § 409, formerly § 406, May 22, 1974, 88 Stat. 155; renumbered § 409, Pub. L. 100–707, title I, § 106(e), Nov. 23, 1988, 102 Stat. 4703, re- lated to minimum standards for public and private structures. A prior section 409 of Pub. L. 93–288 was renumbered section 412 by Pub. L. 100–707 and is classified to section 5179 of this title. § 5177. Unemployment assistance (a) Benefit assistance The President is authorized to provide to any individual unemployed as a result of a major disaster such benefit assistance as he deems ap- propriate while such individual is unemployed for the weeks of such unemployment with re- spect to which the individual is not entitled to any other unemployment compensation (as that term is defined in section 85(b) of title 26) or waiting period credit. Such assistance as the President shall provide shall be available to an individual as long as the individual’s unemploy- ment caused by the major disaster continues or until the individual is reemployed in a suitable position, but no longer than 26 weeks after the major disaster is declared. Such assistance for a week of unemployment shall not exceed the maximum weekly amount authorized under the unemployment compensation law of the State in which the disaster occurred. The President is di- rected to provide such assistance through agree- ments with States which, in his judgment, have an adequate system for administering such as- sistance through existing State agencies. (b) Reemployment assistance (1) State assistance A State shall provide, without reimburse- ment from any funds provided under this chap- ter, reemployment assistance services under any other law administered by the State to in- dividuals receiving benefits under this section. (2) Federal assistance The President may provide reemployment assistance services under other laws to indi- viduals who are unemployed as a result of a major disaster and who reside in a State which does not provide such services. (c) Application deadline (1) In general With respect to a major disaster for which assistance is provided under this section and section 5174 of this title, the application dead- line for an individual seeking assistance under this section shall match the application dead- line for individuals and households seeking as- sistance under section 5174 of this title. (2) Extension The President may accept an application from an individual described in paragraph (1) that is submitted after the deadline described in paragraph (1) if— (A) the individual has good cause for the late submission; and (B) the individual submits the application before the date on which the period during Page 6414 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5177a 1 So in original. See 2008 Amendment note below. which assistance is provided under this sec- tion for the applicable major disaster ex- pires. (Pub. L. 93–288, title IV, § 410, formerly § 407, May 22, 1974, 88 Stat. 156; renumbered § 410 and amended Pub. L. 100–707, title I, § 106(e), (f), Nov. 23, 1988, 102 Stat. 4703, 4704; Pub. L. 118–44, § 2, Mar. 18, 2024, 138 Stat. 455.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b)(1), was in the original ‘‘this Act’’, meaning Pub. L. 93–288, May 22, 1974, 88 Stat. 143. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 5121 of this title and Tables. PRIOR PROVISIONS A prior section 410 of Pub. L. 93–288 was renumbered section 413 by Pub. L. 100–707 and is classified to section 5180 of this title. AMENDMENTS 2024—Subsec. (c). Pub. L. 118–44 added subsec. (c). 1988—Subsec. (a). Pub. L. 100–707, § 106(f)(1)–(3), in- serted ‘‘for the weeks of such unemployment with re- spect to which the individual is not entitled to any other unemployment compensation (as that term is de- fined in section 85(b) of title 26) or waiting period cred- it’’ for ‘‘is unemployed’’ before period at end of first sentence, substituted ‘‘26 weeks’’ for ‘‘one year’’ in sec- ond sentence, and substituted ‘‘occurred’’ for ‘‘oc- curred, and the amount of assistance under this section to any such individual for a week of unemployment shall be reduced by any amount of unemployment com- pensation or of private income protection insurance compensation available to such individual for such week of unemployment’’ in third sentence. Subsec. (b). Pub. L. 100–707, § 106(f)(4), inserted head- ing and amended text generally. Prior to amendment, text read as follows: ‘‘The President is further author- ized for the purposes of this chapter to provide reem- ployment assistance services under other laws to indi- viduals who are unemployed as a result of a major dis- aster.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2024 AMENDMENT Pub. L. 118–44, § 3, Mar. 18, 2024, 138 Stat. 456, provided that: ‘‘The amendment made by section 2 [amending this section] shall apply only with respect to amounts appropriated on or after the date of enactment of this Act [Mar. 18, 2024].’’ § 5177a. Emergency grants to assist low-income migrant and seasonal farmworkers (a) In general The Secretary of Agriculture may make grants to public agencies or private organiza- tions with tax exempt status under section 501(c)(3) of title 26, that have experience in pro- viding emergency services to low-income mi- grant and seasonal farmworkers where the Sec- retary determines that a local, State or national emergency or disaster has caused low-income migrant or seasonal farmworkers to lose in- come, to be unable to work, or to stay home or return home in anticipation of work shortages. Emergency services to be provided with assist- ance received under this section may include such types of assistance as the Secretary of Ag- riculture determines to be necessary and appro- priate. (b) ‘‘Low-income migrant or seasonal farm- worker’’ defined For the purposes of this section, the term ‘‘low-income migrant or seasonal farmworker’’ means an individual— (1) who has, during any consecutive 12 month period within the preceding 24 month period, performed farm work for wages; (2) who has received not less than one-half of such individual’s total income, or been em- ployed at least one-half of total work time in farm work; and (3) whose annual family income within the 12 month period referred to in paragraph (1) does not exceed the higher of the poverty level or 70 percent of the lower living standard in- come level. (c) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this sec- tion. (Pub. L. 101–624, title XXII, § 2281, Nov. 28, 1990, 104 Stat. 3978; Pub. L. 107–171, title X, § 10102, May 13, 2002, 116 Stat. 488.) Editorial Notes CODIFICATION Section was enacted as part of the Food, Agriculture, Conservation, and Trade Act of 1990, and not as part of the Robert T. Stafford Disaster Relief and Emergency Assistance Act which comprises this chapter. AMENDMENTS 2002—Subsec. (a). Pub. L. 107–171 struck out ‘‘, not to exceed $20,000,000 annually,’’ after ‘‘Secretary of Agri- culture may make grants’’. § 5178. Repealed. Pub. L. 106–390, title II, § 206(c), Oct. 30, 2000, 114 Stat. 1571 Section, Pub. L. 93–288, title IV, § 411, as added Pub. L. 100–707, title I, § 106(g), Nov. 23, 1988, 102 Stat. 4704, re- lated to individual and family grant programs. A prior section 5178, Pub. L. 93–288, title IV, § 408, May 22, 1974, 88 Stat. 156, related to individual and family grant programs, prior to repeal by Pub. L. 100–707, § 106(g). A prior section 411 of Pub. L. 93–288 was renumbered section 414 by Pub. L. 100–707 and is classified to section 5181 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective 18 months after Oct. 30, 2000, see sec- tion 206(d) of Pub. L. 106–390, set out as an Effective Date of 2000 Amendment note under section 5174 of this title. § 5179. Benefits and distribution (a) Persons eligible; terms and conditions Whenever the President determines that, as a result of a major disaster, low-income house- holds are unable to purchase adequate amounts of nutritious food, he is authorized, under such terms and conditions as he may prescribe, to distribute through the Secretary of Agriculture or other appropriate agencies benefit allotments to such households pursuant to the provisions of the Food and Nutrition Act of 2008 of 1964 1 (P.L.