
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 29USC2918]

 
                             TITLE 29--LABOR
 
                CHAPTER 30--WORKFORCE INVESTMENT SYSTEMS
 
                    SUBCHAPTER IV--NATIONAL PROGRAMS
 
Sec. 2918. National emergency grants


(a) In general

    The Secretary is authorized to award national emergency grants in a 
timely manner--
        (1) to an entity described in subsection (c) of this section to 
    provide employment and training assistance to workers affected by 
    major economic dislocations, such as plant closures, mass layoffs, 
    or closures and realignments of military installations;
        (2) to provide assistance to the Governor of any State within 
    the boundaries of which is an area that has suffered an emergency or 
    a major disaster as defined in paragraphs (1) and (2), respectively, 
    of section 5122 of title 42 (referred to in this section as the 
    ``disaster area'') to provide disaster relief employment in the 
    area; and
        (3) to provide additional assistance to a State or local board 
    for eligible dislocated workers in a case in which the State or 
    local board has expended the funds provided under this section to 
    carry out activities described in paragraphs (1) and (2) and can 
    demonstrate the need for additional funds to provide appropriate 
    services for such workers, in accordance with requirements 
    prescribed by the Secretary.

(b) Administration

    The Secretary shall designate a dislocated worker office to 
coordinate the functions of the Secretary under this chapter relating to 
employment and training activities for dislocated workers, including 
activities carried out under the national emergency grants.

(c) Employment and training assistance requirements

                   (1) Grant recipient eligibility

        (A) Application

            To be eligible to receive a grant under subsection (a)(1) of 
        this section, an entity shall submit an application to the 
        Secretary at such time, in such manner, and containing such 
        information as the Secretary may require.

        (B) Eligible entity

            In this paragraph, the term ``entity'' means a State, a 
        local board, an entity described in section 2911(c) of this 
        title, entities determined to be eligible by the Governor of the 
        State involved, and other entities that demonstrate to the 
        Secretary the capability to effectively respond to the 
        circumstances relating to particular dislocations.

                     (2) Participant eligibility

        (A) In general

            In order to be eligible to receive employment and training 
        assistance under a national emergency grant awarded pursuant to 
        subsection (a)(1) of this section, an individual shall be--
                (i) a dislocated worker;
                (ii) a civilian employee of the Department of Defense or 
            the Department of Energy employed at a military installation 
            that is being closed, or that will undergo realignment, 
            within the next 24 months after the date of the 
            determination of eligibility;
                (iii) an individual who is employed in a nonmanagerial 
            position with a Department of Defense contractor, who is 
            determined by the Secretary of Defense to be at-risk of 
            termination from employment as a result of reductions in 
            defense expenditures, and whose employer is converting 
            operations from defense to nondefense applications in order 
            to prevent worker layoffs; or
                (iv) a member of the Armed Forces who--
                    (I) was on active duty or full-time National Guard 
                duty;
                    (II)(aa) is involuntarily separated (as defined in 
                section 1141 of title 10) from active duty or full-time 
                National Guard duty; or
                    (bb) is separated from active duty or full-time 
                National Guard duty pursuant to a special separation 
                benefits program under section 1174a of title 10 or the 
                voluntary separation incentive program under section 
                1175 of that title;
                    (III) is not entitled to retired or retained pay 
                incident to the separation described in subclause (II); 
                and
                    (IV) applies for such employment and training 
                assistance before the end of the 180-day period 
                beginning on the date of that separation.

        (B) Retraining assistance

            The individuals described in subparagraph (A)(iii) shall be 
        eligible for retraining assistance to upgrade skills by 
        obtaining marketable skills needed to support the conversion 
        described in subparagraph (A)(iii).

        (C) Additional requirements

            The Secretary shall establish and publish additional 
        requirements related to eligibility for employment and training 
        assistance under the national emergency grants to ensure 
        effective use of the funds available for this purpose.

        (D) Definitions

            In this paragraph, the terms ``military institution'' \1\ 
        and ``realignment'' have the meanings given the terms in section 
        2910 of the Defense Base Closure and Realignment Act of 1990 
        (Public Law 101-510; 10 U.S.C. 2687 note).
---------------------------------------------------------------------------
    \1\ So in original. Probably should be `` `military installation' 
''.
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(d) Disaster relief employment assistance requirements

                           (1) In general

        Funds made available under subsection (a)(2) of this section--
            (A) shall be used to provide disaster relief employment on 
        projects that provide food, clothing, shelter, and other 
        humanitarian assistance for disaster victims, and projects 
        regarding demolition, cleaning, repair, renovation, and 
        reconstruction of damaged and destroyed structures, facilities, 
        and lands located within the disaster area;
            (B) may be expended through public and private agencies and 
        organizations engaged in such projects; and
            (C) may be expended to provide employment and training 
        activities.

                           (2) Eligibility

        An individual shall be eligible to be offered disaster relief 
    employment under subsection (a)(2) of this section if such 
    individual is a dislocated worker, is a long-term unemployed 
    individual, or is temporarily or permanently laid off as a 
    consequence of the disaster.

            (3) Limitations on disaster relief employment

        No individual shall be employed under subsection (a)(2) of this 
    section for more than 6 months for work related to recovery from a 
    single natural disaster.

(e) Additional assistance

                           (1) In general

        From the amount appropriated and made available to carry out 
    this section for any program year, the Secretary shall use not more 
    than $15,000,000 to make grants to not more than 8 States to provide 
    employment and training activities under section 2864 of this title, 
    in accordance with subchapter II of this chapter.

                         (2) Eligible States

        The Secretary shall make a grant under paragraph (1) to a State 
    for a program year if--
            (A)(i) the amount of the allotment that would be made to the 
        State for the program year under the formula specified in 
        section 1602(a) of this title, as in effect on July 1, 1998; is 
        greater than
            (ii) the amount of the allotment that would be made to the 
        State for the program year under the formula specified in 
        section 2862(b)(1)(B) of this title; and
            (B) the State is 1 of the 8 States with the greatest 
        quotient obtained by dividing--
                (i) the amount described in subparagraph (A)(i); by
                (ii) the amount described in subparagraph (A)(ii).

                        (3) Amount of grants

        Subject to paragraph (1), the amount of the grant made under 
    paragraph (1) to a State for a program year shall be based on the 
    difference between--
            (A) the amount of the allotment that would be made to the 
        State for the program year under the formula specified in 
        section 1602(a) of this title, as in effect on July 1, 1998; and
            (B) the amount of the allotment that would be made to the 
        State for the program year under the formula specified in 
        section 2862(b)(1)(B) of this title.

                       (4) Allocation of funds

        A State that receives a grant under paragraph (1) for a program 
    year--
            (A) shall allocate funds made available through the grant on 
        the basis of the formula used by the State to allocate funds 
        within the State for that program year under--
                (i) paragraph (2)(A) or (3) of section 2863(b) of this 
            title; or
                (ii) paragraph (2)(B) of section 2863(b) of this title; 
            and

            (B) shall use the funds in the same manner as the State uses 
        other funds allocated under the appropriate paragraph of section 
        2863(b) of this title.

(Pub. L. 105-220, title I, Sec. 173, Aug. 7, 1998, 112 Stat. 1035; Pub. 
L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 401(12)], Oct. 21, 
1998, 112 Stat. 2681-337, 2681-411, 2681-435.)

                       References in Text

    Section 1602 of this title, referred to in subsec. (e)(2)(A)(i), 
(3)(A), was repealed by Pub. L. 105-220, title I, Sec. 199(b)(2), Aug. 
7, 1998, 112 Stat. 1059, effective July 1, 2000.


                               Amendments

    1998--Subsec. (a)(2). Pub. L. 105-277, Sec. 101(f) [title VIII, 
Sec. 401(12)], made technical amendment to reference in original act 
which appears in text as reference to section 5122 of title 42.
    Subsec. (e). Pub. L. 105-277, Sec. 101(f) [title VIII], added 
subsec. (e).

                  Section Referred to in Other Sections

    This section is referred to in sections 2862, 2915, 2916 of this 
title.
