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Title 42 — The Public Health and Welfare

Chapter 68 — Disaster Relief

§ 5177. Unemployment assistance

Statutory text

(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 appropriate while such individual is unemployed for the weeks of such unemployment with respect 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 unemployment 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 directed to provide such assistance through agreements with States which, in his judgment, have an adequate system for administering such assistance through existing State agencies.

(b)

Reemployment assistance

(1)

State assistance

A State shall provide, without reimbursement from any funds provided under this chapter, reemployment assistance services under any other law administered by the State to individuals receiving benefits under this section.

(2)

Federal assistance

The President may provide reemployment assistance services under other laws to individuals 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 deadline for an individual seeking assistance under this section shall match the application deadline for individuals and households seeking assistance 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 which assistance is provided under this section for the applicable major disaster expires.

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.

  1. Pub. L. 93–288 title IV § 410 · 88 Stat. 143

    Enacted · 42 U.S.C. § 5177

    Pub. L. 93–288, title IV, § 410, formerly § 407, May 22, 1974, 88 Stat. 156

    Source evidence

    Code source credit
    Pub. L. 93–288, title IV, § 410, formerly § 407, May 22, 1974, 88 Stat. 156

    Enacted provision · exact public law section
    Sec. 410. (a) The President is authorized and directed to assure Emergency mass feeding. 42 USC 5180. 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 emergency. (b) The Secretary of Agriculture shall utilize funds appropriated under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), to purchase food commodities necessary to provide adequate supplies for use in any area of the United States in the event of a major disaster or emergency in such area.

  2. The Disaster Relief and Emergency Assistance Amendments of 1988

    Pub. L. 100–707 § 106(f)(1) · 102 Stat. 4689

    1. Inserted · 42 U.S.C. § 5177(a)

      Pub. L. 100–707, § 106(f)(1)–(3), inserted “for the weeks of such unemployment with respect 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” for “is unemployed” before period at end of first sentence

    2. Substituted · 42 U.S.C. § 5177(a)

      Pub. L. 100–707, § 106(f)(1)–(3), substituted “26 weeks” for “one year” in second sentence

    3. Substituted · 42 U.S.C. § 5177(a)

      Pub. L. 100–707, § 106(f)(1)–(3), substituted “occurred” for “occurred, 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 compensation or of private income protection insurance compensation available to such individual for such week of unemployment” in third sentence

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 100–707, § 106(f)(1)–(3), inserted “for the weeks of such unemployment with respect 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” for “is unemployed” before period at end of first sentence, substituted “26 weeks” for “one year” in second sentence, and substituted “occurred” for “occurred, 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 compensation or of private income protection insurance compensation available to such individual for such week of unemployment” in third sentence.

    Enacted provision · exact public law section
    (1) Entitlement to other compensation.— The first sentence of subsection (a) is amended by inserting “for the weeks of such unemployment with respect to which the individual is not entitled to any other unemployment compensation (as that term is defined in section 85(b) of the Internal Revenue Code of 1986) or waiting period credit” after “is unemployed”.

  3. The Disaster Relief and Emergency Assistance Amendments of 1988

    Pub. L. 100–707 § 106(f)(4) · 102 Stat. 4689

    1. Inserted · 42 U.S.C. § 5177(b)

      Pub. L. 100–707, § 106(f)(4), inserted heading

    2. Amended · 42 U.S.C. § 5177(b)

      Pub. L. 100–707, § 106(f)(4), amended text generally. Prior to amendment, text read as follows: “The President is further authorized for the purposes of this chapter to provide reemployment assistance services under other laws to individuals who are unemployed as a result of a major disaster.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 100–707, § 106(f)(4), inserted heading and amended text generally. Prior to amendment, text read as follows: “The President is further authorized for the purposes of this chapter to provide reemployment assistance services under other laws to individuals who are unemployed as a result of a major disaster.”

    Enacted provision · exact public law section
    (4) Reemployment assistance.— Subsection (b) is amended to read as follows: “(b) Reemployment Assistance.— “(1) State assistance.— A State shall provide, without reimbursement from any funds provided under this Act, reemployment assistance services under any other law administered by the State to individuals receiving benefits under this section. “(2) Federal assistance.— The President may provide reemployment assistance services under other laws to individuals who are unemployed as a result of a major disaster and who reside in a State which does not provide such services.”.

  4. Pub. L. 118–44 § 2 · 138 Stat. 455

    Added · 42 U.S.C. § 5177(c)

    Pub. L. 118–44 added subsec. (c)

    Unresolved: Pub. L. 118–44 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 118–44 added subsec. (c).

    Effective date note
    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].”

6 of 7 references resolved to an enrolled provision · 1 unresolved

Editorial Notes

References in Text

This chapter, referred to in subsec. (b)(1), was in the original “this Act”, meaning Pub. L. 93–288, , 88 Stat. 143. For complete classification of this Act to the Code, see Short Title note set out under section 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.

Amendments1988–2024 · 2 rounds

2024

Subsec. (c). Pub. L. 118–44 added subsec. (c).

1988

Subsec. (a). Pub. L. 100–707, § 106(f)(1)–(3), inserted “for the weeks of such unemployment with respect 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” for “is unemployed” before period at end of first sentence, substituted “26 weeks” for “one year” in second sentence, and substituted “occurred” for “occurred, 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 compensation 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 heading and amended text generally. Prior to amendment, text read as follows: “The President is further authorized for the purposes of this chapter to provide reemployment assistance services under other laws to individuals who are unemployed as a result of a major disaster.”

Statutory Notes and Related Subsidiaries

Effective Date of 2024 Amendment

Pub. L. 118–44, § 3, , 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 [].”

Credits

1974–2024 · 3 acts
  1. 1974Pub. L. 93–288, title IV, § 410, formerly § 407, , 88 Stat. 156
  2. 1988renumbered § 410 and amended Pub. L. 100–707, title I, § 106(e), (f), , 102 Stat. 4703, 4704
  3. 2024Pub. L. 118–44, § 2, , 138 Stat. 455.
Show as published

(Pub. L. 93–288, title IV, § 410, formerly § 407, , 88 Stat. 156; renumbered § 410 and amended Pub. L. 100–707, title I, § 106(e), (f), , 102 Stat. 4703, 4704; Pub. L. 118–44, § 2, , 138 Stat. 455.)

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