PUBLIC LAW 109–72—SEPT. 23, 2005 119 STAT. 2013

Public Law 109–72

109th Congress

An Act

To provide special rules for disaster relief employment under the Workforce Investment Act of 1998 for individuals displaced by Hurricane Katrina.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Flexibility for Displaced Workers

Act’’.

SEC. 2. SPECIAL RULES FOR NATIONAL EMERGENCY GRANTS RELATED

TO HURRICANE KATRINA.

(a) USE OF GRANTS FOR PROJECTS OUTSIDE DISASTER AREA.—

Funds provided to States that submit applications for assistance

described in section 173(a)(2) of the Workforce Investment Act

of 1998 (29 U.S.C. 2918(a)(2)) to address the effects of Hurricane

Katrina may be used to provide disaster relief employment and

other assistance under section 173(d)(1) of such Act (29 U.S.C.

2918(d)(1)) on projects that provide assistance in areas outside

of the disaster area (as such term is defined in section 173(a)(2)

of such Act).

(b) EXPANDED ELIGIBILITY FOR DISASTER RELIEF EMPLOYMENT.—Funds provided to States that submit applications for assistance described under section 173(a)(2) of the Workforce Investment

Act of 1998 (29 U.S.C. 2918(a)(2)) to address the effects of Hurricane

Katrina may be used to provide disaster relief employment and

other assistance under section 173(d)(1) of such Act, or public sector

employment authorized under subsection (c) of this Act, to individuals affected by Hurricane Katrina, including those who have

relocated from States in which a major disaster was declared under

section 102 of the Robert T. Stafford Disaster Relief and Emergency

Assistance Act (42 U.S.C. 5122) due to the effects of Hurricane

Katrina, who were unemployed at the time of the disaster or who

are without employment history, in addition to individuals who

are eligible for such employment under section 173(d)(2) of the

Workforce Investment Act of 1998.

(c) AUTHORIZATION FOR GENERAL PUBLIC SECTOR EMPLOYMENT.—Funds provided to States that submit applications for assistance described in section 173(a)(2) of the Workforce Investment

Act of 1998 to address the effects of Hurricane Katrina may be

used to provide to eligible individuals temporary employment by

public sector entities for a period not to exceed 6 months in addition

to disaster relief employment described in section 173(d)(1) of such

Act.

Flexibility for

Displaced

Workers Act.

Sept. 23, 2005

[H.R. 3761]

119 STAT. 2014 PUBLIC LAW 109–72—SEPT. 23, 2005

(d) EXTENSION OF THE DURATION OF DISASTER RELIEF EMPLOY- MENT.—The Secretary of Labor may extend the 6-month maximum

duration of employment under this Act and under section 173(d)

of the Workforce Investment Act of 1998 (29 U.S.C. 2918(d)) for

not more than an additional 6 months due to extraordinary circumstances.

(e) PRIORITY FOR DISASTER RELIEF EMPLOYMENT FUNDS.—In

awarding national emergency grants to States under section

173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C.

2918(a)(2)) to address the effects of Hurricane Katrina by providing

disaster relief employment, the Secretary of Labor shall—

(1) first, give priority to States in which areas that have

suffered major disasters (as defined in section 102 of the Robert

T. Stafford Disaster Relief and Emergency Assistance Act (42

U.S.C. 5122)) are located; and

(2) second, give priority to the remaining States that have

been most heavily impacted by the demand for services by

workers affected by Hurricane Katrina.

(f) ELIGIBILITY FOR NEEDS-RELATED PAYMENTS.—Funds provided to States that submit applications for assistance described

in section 173(a)(2) of the Workforce Investment Act of 1998 (29

U.S.C. 2918(a)(2)) to address the effects of Hurricane Katrina may

be used to provide needs-related payments (described in section

134(e)(3) of such Act (29 U.S.C. 2864(e)(3))) to individuals described

in subsection (b) who do not qualify for (or have ceased to qualify

for) unemployment compensation, and who are not employed on

a project described under section 173(d) of such Act, for the purpose

of enabling such individuals to participate in activities described

in paragraphs (2), (3), or (4) of section 134(d) of such Act.

(g) USE OF AVAILABLE FUNDS.—With the approval of the Secretary of Labor, any State may use funds that remain available

for expenditure under any grants awarded to the State under section 173 of the Workforce Investment Act of 1998 (29 U.S.C. 2918)

or under this section, to provide any assistance authorized under

such section 173 or this section, or personal protective equipment

not otherwise available through public funds or private contributions, to assist workers affected by Hurricane Katrina, including

workers who have relocated from areas for which an emergency

or major disaster (as defined in section 102 of the Robert T. Stafford

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122))

was declared, due to the effects of Hurricane Katrina.

(h) EXPANDED ELIGIBILITY FOR EMPLOYMENT AND TRAINING

ACTIVITIES.—

(1) IN GENERAL.—In awarding national emergency grants

under section 173(a)(1) of the Workforce Investment Act of

1998 (29 U.S.C. 2918(a)(1)), the Secretary may award such

a grant to an entity to provide employment and training assistance available under section 173(a)(1) of such Act to workers

affected by Hurricane Katrina, including workers who have

relocated from areas for which an emergency or major disaster

(as defined in section 102 of the Robert T. Stafford Disaster

Relief and Emergency Assistance Act (42 U.S.C. 5122)) was

declared, due to the effects of Hurricane Katrina.

(2) ELIGIBLE ENTITY.—In this subsection, the term ‘‘entity’’

means a State, a local board (as defined in section 101 of

the Workforce Investment Act of 1998 (29 U.S.C. 2801)), or

an entity described in section 166(c) of such Act (29 U.S.C.

PUBLIC LAW 109–72—SEPT. 23, 2005 119 STAT. 2015

LEGISLATIVE HISTORY—H.R. 3761:

CONGRESSIONAL RECORD, Vol. 151 (2005):

Sept. 20, considered and passed House.

Sept. 21, considered and passed Senate.

Æ

2911(c)), that submits an application for assistance described

in section 173(a)(1) of the Workforce Investment Act of 1998

to address the effects of Hurricane Katrina.

SEC. 3. SENSE OF CONGRESS.

(a) MOBILE ONE-STOP CENTERS.—It is the sense of Congress

that States that operate mobile one-stop centers, established as

part of one-stop delivery systems authorized under subtitle B of

title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811

et seq.) should, where possible, make such centers available for

use in the areas affected by Hurricane Katrina, and areas where

large numbers of workers affected by Hurricane Katrina have been

relocated.

(b) EXPANDED OPERATIONAL HOURS.—It is the sense of Congress

that one-stop operators (as such term is defined in section 101

of the Workforce Investment Act of 1998 (29 U.S.C. 2801) should

increase access for workers affected by Hurricane Katrina to the

one-stop delivery systems authorized under subtitle B of title I

of such Act, including through the implementation of expanded

operational hours at one-stop centers and on-site services for

individuals in temporary housing locations.

Approved September 23, 2005.