PRIA, Government Policy, Made Personal

Summary

The President can give short-term unemployment payments to people who lose their jobs because of a major disaster when they are not getting other unemployment benefits or a waiting-period credit. The payments can last while the person is unemployed for disaster-related reasons or until they find a suitable job, but not more than 26 weeks after the disaster was declared. Weekly payments cannot be higher than the State’s maximum weekly unemployment benefit. The President must make deals with States that can run the program through their existing agencies. States must provide reemployment services to people getting these payments using their normal programs and without federal reimbursement. If a State does not provide those services, the President can provide them. The deadline to apply is the same as for other individual and household disaster aid, and late applications may be accepted for good cause if filed before the federal assistance period ends.

Title 42, §5177

The Public Health and Welfare, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

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 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.

Amendments

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, 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].”

§5177 Unemployment Assistance