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42 U.S.C. § 5175 — Untitled legal text
Federal law — U.S. Code and appendices · legal_authorities
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 fo
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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
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5174b
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 5174b. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5174b
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 5174b. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 93–288, title IV, § 405, May 22, 1974, 88 Stat. 155, related to protection of environment.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5175
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.