42 U.S.C. § 5179 — Benefits and distribution

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. Page 6415 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5181 91–671; 84 Stat. 2048) [7 U.S.C. 2011 et seq.] and to make surplus commodities available pursuant to the provisions of this chapter. (b) Duration of assistance; factors considered The President, through the Secretary of Agri- culture or other appropriate agencies, is author- ized to continue to make such benefit allot- ments and surplus commodities available to such households for so long as he determines necessary, taking into consideration such fac- tors as he deems appropriate, including the con- sequences of the major disaster on the earning power of the households, to which assistance is made available under this section. (c) Food and Nutrition Act provisions unaffected Nothing in this section shall be construed as amending or otherwise changing the provisions of the Food and Nutrition Act of 2008 of 1964 1 [7 U.S.C. 2011 et seq.] except as they relate to the availability of supplemental nutrition assist- ance program benefits in an area affected by a major disaster. (Pub. L. 93–288, title IV, § 412, formerly § 409, May 22, 1974, 88 Stat. 157; renumbered § 412, Pub. L. 100–707, title I, § 106(h), Nov. 23, 1988, 102 Stat. 4705; Pub. L. 110–234, title IV, §§ 4002(b)(1)(C), (E), (2)(DD), 4115(c)(1)(A)(ii), (iv), (B)(v), May 22, 2008, 122 Stat. 1096, 1097, 1109; Pub. L. 110–246, § 4(a), title IV, §§ 4002(b)(1)(C), (E), (2)(DD), 4115(c)(1)(A)(ii), (iv), (B)(v), June 18, 2008, 122 Stat. 1664, 1857, 1859, 1870, 1871.) Editorial Notes REFERENCES IN TEXT The Food and Nutrition Act of 2008, referred to in subsecs. (a) and (c), is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§ 2011 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 7 and Tables. This chapter, referred to in subsec. (a), 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. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. PRIOR PROVISIONS A prior section 412 of Pub. L. 93–288 was renumbered section 415 by Pub. L. 100–707 and is classified to section 5182 of this title. AMENDMENTS 2008—Pub. L. 110–246, § 4115(c)(1)(A)(iv), (B)(v), sub- stituted ‘‘Benefits’’ for ‘‘Food coupons’’ in section catchline. Pub. L. 110–246, § 4002(b)(1)(C), (2)(DD), substituted ‘‘Food and Nutrition Act of 2008’’ for ‘‘Food Stamp Act’’ in subsecs. (a) and (c). Subsecs. (a), (b). Pub. L. 110–246, § 4115(c)(1)(A)(ii), (B)(v), substituted ‘‘benefit’’ for ‘‘coupon’’. Subsec. (c). Pub. L. 110–246, § 4002(b)(1)(E), (2)(DD), substituted ‘‘supplemental nutrition assistance pro- gram benefits’’ for ‘‘food stamps’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by sections 4002(b)(1)(C), (E), (2)(DD), and 4115(c)(1)(A)(ii), (iv), (B)(v) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress. Executive Dcouments DELEGATION OF FUNCTIONS Secretary of Agriculture designated and empowered to exercise, without approval, ratification, or other ac- tion of President, all authority vested in President by this section concerning food coupons (benefits) and dis- tribution, see section 3 of Ex. Ord. No. 11795, as amend- ed, set out as a note under section 5121 of this title. § 5180. Food commodities (a) Emergency mass feeding The President is authorized and directed to as- sure that adequate stocks of food will be ready and conveniently available for emergency mass feeding or distribution in any area of the United States which suffers a major disaster or emer- gency. (b) Funds for purchase of food commodities The Secretary of Agriculture shall utilize funds appropriated under section 612c of title 7, to purchase food commodities necessary to pro- vide adequate supplies for use in any area of the United States in the event of a major disaster or emergency in such area. (Pub. L. 93–288, title IV, § 413, formerly § 410, May 22, 1974, 88 Stat. 157; renumbered § 413, Pub. L. 100–707, title I, § 106(h), Nov. 23, 1988, 102 Stat. 4705.) Editorial Notes PRIOR PROVISIONS A prior section 413 of Pub. L. 93–288 was renumbered section 416 by Pub. L. 100–707 and is classified to section 5183 of this title. § 5181. Relocation assistance Notwithstanding any other provision of law, no person otherwise eligible for any kind of re- placement housing payment under the Uniform Relocation Assistance and Real Property Acqui- sition Policies Act of 1970 (P.L. 91–646) [42 U.S.C. 4601 et seq.] shall be denied such eligibility as a result of his being unable, because of a major disaster as determined by the President, to meet the occupancy requirements set by such Act. (Pub. L. 93–288, title IV, § 414, formerly § 411, May 22, 1974, 88 Stat. 157; renumbered § 414, Pub. L. 100–707, title I, § 106(h), Nov. 23, 1988, 102 Stat. 4705.) Editorial Notes REFERENCES IN TEXT The Uniform Relocation Assistance and Real Prop- erty Acquisition Policies Act of 1970, referred to in