U.S. Code » Title 42 » Chapter CHAPTER 68— DISASTER RELIEF › Subchapter SUBCHAPTER IV— MAJOR DISASTER ASSISTANCE PROGRAMS

42 U.S.C. § 5177

Unemployment assistance

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(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) ExtensionThe 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.(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 NotesReferences 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 SubsidiariesEffective 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].”

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1989–2022 · leading case: Maleche v. Solis, 692 F. Supp. 2d 679 (S.D. Tex. 2010).
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Maleche v. Solis, 692 F. Supp. 2d 679 (S.D. Tex. 2010). · cites it 5× “Plaintiffs application for benefits concerns the DUA program administered by the TWC under the supervision of the United States Department of Labor (DOL) pursuant to 42 U.S.C. § 5177 (a). 13 In pertinent part that statute provides: (a) Benefit assistance The President is…”
United States v. Atalig, 502 F.3d 1063 (9th Cir. 2007). “See generally 42 U.S.C. § 5177 ; 20 C.F.R. § 625.4 . The Mayor of Rota appointed Atalig to administer the DUA program.”
State of Kan. Ex Rel. Hayden v. United States, 748 F. Supp. 797 (D. Kan. 1990). · cites it 2× “Defendants contend that the plaintiff has suffered no injury, and thus, has no legal basis to challenge a violation of the Disaster Relief Act.”
John Roberts Martin Shirley Mae Martin Bernard J. Spanski & Margaret L. Spanski v. Comm'r of Internal Revenue, 877 F.2d 449 (6th Cir. 1989). “(D) Disaster Relief Act of 1974, section 407 ( 42 U.S.C. § 5177 ). (E) The Airline Deregulation Act of 1978 ( 49 U.”
Latia M. Jones v. Texas Workforce Comm'n (Tex. App. 2019). · cites it 2× “See 42 U.S.C.A. § 5177 (West 2012); 20 C.F.R.”
Crawford v. Walsh (D.D.C. 2022). “Congress specified that regulations pertaining to Disaster Unemployment Assistance under the Stafford Act, see 42 U.S.C. § 5177 (a); 20 C.F.R. Part 625, would apply to the CARES Act, see 5 U.”
Creager Ireland v. United States (W.D. Tex. 2022). “42 U.S.C. § 5177 (a). The regulations reflect these requirements, stating that “DUA is payable to an individual only by an applicable State … and … [o]nly pursuant to an Agreement entered into … with respect to weeks in which the Agreement is in effect ….”
United States v. Atalig (9th Cir. 2007). “See generally 42 U.S.C. § 5177 ; 20 C.F.R. § 625.4 . The Mayor of Rota appointed Atalig to administer the DUA program.”
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