29 U.S.C. § 2918 (LABOR)
§ 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;
(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; and
(4) from funds appropriated under section 2919(c) of this title—
(A) to a State or entity (as defined in subsection (c)(1)(B) of this section) to carry out subsection (f) of this section, including providing assistance to eligible individuals; and
(B) to a State or entity (as so defined) to carry out subsection (g) of this section, including providing assistance to eligible individuals.
(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).
(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.
(f) Health insurance coverage assistance for eligible individuals
(1) Use of funds
(A) Health insurance coverage for eligible individuals in order to obtain qualified health insurance that has guaranteed issue and other consumer protections
Funds made available to a State or entity under paragraph (4)(A) of subsection (a) may be used to provide an eligible individual described in paragraph (4)(C) and such individual’s qualifying family members with health insurance coverage for the 3-month period that immediately precedes the first eligible coverage month (as defined in section 35(b) of title 26) in which such eligible individual and such individual’s qualifying family members are covered by qualified health insurance that meets the requirements described in clauses (i) through (v) 2 of section 35(e)(2)(A) of title 26 (or such longer minimum period as is necessary in order for such eligible individual and such individual’s qualifying family members to be covered by qualified health insurance that meets such requirements).
(B) Additional uses
Funds made available to a State or entity under paragraph (4)(A) of subsection (a) may be used by the State or entity for the following:
(i) Health insurance coverage
To assist an eligible individual and such individual’s qualifying family members with enrolling in health insurance coverage and qualified health insurance or paying premiums for such coverage or insurance.
(ii) Administrative expenses and start-up expenses to establish group health plan coverage options for qualified health insurance
To pay the administrative expenses related to the enrollment of eligible individuals and such individuals’ qualifying family members in health insurance coverage and qualified health insurance, including—
(I) eligibility verification activities;
(II) the notification of eligible individuals of available health insurance and qualified health insurance options;
(III) processing qualified health insurance costs credit eligibility certificates provided for under section 7527 of title 26;
(IV) providing assistance to eligible individuals in enrolling in health insurance coverage and qualified health insurance;
(V) the development or installation of necessary data management systems; and
(VI) any other expenses determined appropriate by the Secretary, including start-up costs and on going 3 administrative expenses, in order for the State to treat the coverage described in subparagraphs (C) through (H) of section 35(e)(1) of title 26 as qualified health insurance under that section.
(iii) Outreach
To pay for outreach to eligible individuals to inform such individuals of available health insurance and qualified health insurance options, including outreach consisting of notice to eligible individuals of such options made available after February 17, 2009, and direct assistance to help potentially eligible individuals and such individual’s qualifying family members qualify and remain eligible for the credit established under section 35 of title 26 and advance payment of such credit under section 7527 of such title.
(iv) Bridge funding
To assist potentially eligible individuals to purchase qualified health insurance coverage prior to issuance of a qualified health insurance costs credit eligibility certificate under section 7527 of title 26 and commencement of advance payment, and receipt of expedited payment, under subsections (a) and (e), respectively, of that section.
(C) Rule of construction
The inclusion of a permitted use under this paragraph shall not be construed as prohibiting a similar use of funds permitted under subsection (g).
(2) Qualified health insurance
For purposes of this subsection and subsection (g), the term “qualified health insurance” has the meaning given that term in section 35(e) of title 26.
(3) Availability of funds
(A) Expedited procedures
With respect to applications submitted by States or entities for grants under this subsection, the Secretary shall—
(i) not later than 15 days after the date on which the Secretary receives a completed application from a State or entity, notify the State or entity of the determination of the Secretary with respect to the approval or disapproval of such application;
(ii) in the case of an application of a State or other entity that is disapproved by the Secretary, provide technical assistance, at the request of the State or entity, in a timely manner to enable the State or entity to submit an approved application; and
(iii) develop procedures to expedite the provision of funds to States and entities with approved applications.
(B) Availability and distribution of funds
The Secretary shall ensure that funds made available under section 2919(c)(1)(A) of this title to carry out subsection (a)(4)(A) of this section are available to States and entities throughout the period described in section 2919(c)(2)(A) of this title.
(4) Eligible individual defined
For purposes of this subsection and subsection (g) of this section, the term “eligible individual” means—
(A) an eligible TAA recipient (as defined in section 35(c)(2) of title 26),
(B) an eligible alternative TAA recipient (as defined in section 35(c)(3) of title 26), and
(C) an eligible PBGC pension recipient (as defined in section 35(c)(4) of title 26),
who, as of the first day of the month, does not have other specified coverage and is not imprisoned under Federal, State, or local authority.
(5) Qualifying family member defined
For purposes of this subsection and subsection (g) of this section—
(A) In general
The term “qualifying family member” means—
(i) the eligible individual’s spouse, and
(ii) any dependent of the eligible individual with respect to whom the individual is entitled to a deduction under section 151(c) of title 26.
Such term does not include any individual who has other specified coverage.
(B) Special dependency test in case of divorced parents, etc.
If paragraph (2) or (4) of section 152(e) of such title applies to any child with respect to any calendar year, in the case of any taxable year beginning in such calendar year, such child shall be treated as described in subparagraph (A)(ii) with respect to the custodial parent (within the meaning of section 152(e)(1) of such title) and not with respect to the noncustodial parent.
(6) State
For purposes of this subsection and subsection (g) of this section, the term “State” includes an entity as defined in subsection (c)(1)(B) of this section.
(7) Other specified coverage
For purposes of this subsection, an individual has other specified coverage for any month if, as of the first day of such month—
(A) Subsidized coverage
(i) In general
Such individual is covered under any insurance which constitutes medical care (except insurance substantially all of the coverage of which is of excepted benefits described in section 9832(c) of title 26) under any health plan maintained by any employer (or former employer) of the taxpayer or the taxpayer’s spouse and at least 50 percent of the cost of such coverage (determined under section 4980B of such title) is paid or incurred by the employer.
(ii) Eligible alternative TAA recipients
In the case of an eligible alternative TAA recipient (as defined in section 35(c)(3) of title 26), such individual is either—
(I) eligible for coverage under any qualified health insurance (other than insurance described in clause (i), (ii), or (vi) of paragraph (2)(A)) under which at least 50 percent of the cost of coverage (determined under section 4980B(f)(4) of such title) is paid or incurred by an employer (or former employer) of the taxpayer or the taxpayer’s spouse, or
(II) covered under any such qualified health insurance under which any portion of the cost of coverage (as so determined) is paid or incurred by an employer (or former employer) of the taxpayer or the taxpayer’s spouse.
(iii) Treatment of cafeteria plans
For purposes of clauses (i) and (ii), the cost of coverage shall be treated as paid or incurred by an employer to the extent the coverage is in lieu of a right to receive cash or other qualified benefits under a cafeteria plan (as defined in section 125(d) of title 26).
(B) Coverage under Medicare, Medicaid, or SCHIP
Such individual—
(i) is entitled to benefits under part A of title XVIII of the Social Security Act [42 U.S.C. 1395c et seq.] or is enrolled under part B of such title [42 U.S.C. 1395j et seq.], or
(ii) is enrolled in the program under title XIX [42 U.S.C. 1396 et seq.] or XXI [42 U.S.C. 1397aa et seq.] of such Act (other than under section 1928 of such Act [42 U.S.C. 1396s]).
(C) Certain other coverage
Such individual—
(i) is enrolled in a health benefits plan under chapter 89 of title 5, or
(ii) is entitled to receive benefits under chapter 55 of title 10.
(8) Continued qualification of family members after certain events
(A) Medicare eligibility
In the case of any month which would be an eligible coverage month with respect to an eligible individual but for paragraph (7)(B)(i), such month shall be treated as an eligible coverage month with respect to such eligible individual solely for purposes of determining the eligibility of qualifying family members of such individual under this subsection. This subparagraph shall only apply with respect to the first 24 months after such eligible individual is first entitled to the benefits described in paragraph (7)(B)(i).
(B) Divorce
In the case of the finalization of a divorce between an eligible individual and such individual’s spouse, such spouse shall be treated as an eligible individual for purposes of this subsection for a period of 24 months beginning with the date of such finalization, except that the only qualifying family members who may be taken into account with respect to such spouse are those individuals who were qualifying family members immediately before such finalization.
(C) Death
In the case of the death of an eligible individual—
(i) any spouse of such individual (determined at the time of such death) shall be treated as an eligible individual for purposes of this subsection for a period of 24 months beginning with the date of such death, except that the only qualifying family members who may be taken into account with respect to such spouse are those individuals who were qualifying family members immediately before such death, and
(ii) any individual who was a qualifying family member of the decedent immediately before such death shall be treated as an eligible individual for purposes 4 this subsection for a period of 24 months beginning with the date of such death, except that no qualifying family members may be taken into account with respect to such individual.
(g) Interim health insurance coverage and other assistance
(1) In general
Funds made available to a State or entity under paragraph (4)(B) of subsection (a) of this section may be used by the State or entity to provide assistance and support services to eligible individuals, including health care coverage to the extent provided under subsection (f)(1)(A) of this section, transportation, child care, dependent care, and income assistance.
(2) Income support
With respect to any income assistance provided to an eligible individual with such funds, such assistance shall supplement and not supplant other income support or assistance provided under chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) (as in effect on the day before the effective date of the Trade Act of 2002) or the unemployment compensation laws of the State where the eligible individual resides.
(3) Health insurance coverage
With respect to any assistance provided to an eligible individual with such funds in enrolling in qualified health insurance, the following rules shall apply:
(A) The State or entity may provide assistance in obtaining such coverage to the eligible individual and to such individual’s qualifying family members.
(B) Such assistance shall supplement and may not supplant any other State or local funds used to provide health care coverage and may not be included in determining the amount of non-Federal contributions required under any program.
(4) Availability of funds
(A) Expedited procedures
With respect to applications submitted by States or entities for grants under this subsection, the Secretary shall—
(i) not later than 15 days after the date on which the Secretary receives a completed application from a State or entity, notify the State or entity of the determination of the Secretary with respect to the approval or disapproval of such application;
(ii) in the case of an application of a State or entity that is disapproved by the Secretary, provide technical assistance, at the request of the State or entity, in a timely manner to enable the State or entity to submit an approved application; and
(iii) develop procedures to expedite the provision of funds to States and entities with approved applications.
(B) Availability and distribution of funds
The Secretary shall ensure that funds made available under section 2919(c)(1)(B) of this title to carry out subsection (a)(4)(B) of this section are available to States and entities throughout the period described in section 2919(c)(2)(B) of this title.
(5) Inclusion of certain individuals as eligible individuals
For purposes of this subsection, the term “eligible individual” includes an individual who is a member of a group of workers certified after April 1, 2002, under chapter 2 of title II of the Trade Act of 1974 [19 U.S.C. 2271 et seq.] (as in effect on the day before the effective date of the Trade Act of 2002) and is participating in the trade adjustment allowance program under such chapter (as so in effect) or who would be determined to be participating in such program under such chapter (as so in effect) if such chapter were applied without regard to section 231(a)(3)(B) of the Trade Act of 1974 [19 U.S.C. 2291(a)(3)(B)] (as so in effect).
(Pub. L. 105–220, title I, § 173, Aug. 7, 1998, 112 Stat. 1035; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 401(12)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–411, 2681–435; Pub. L. 107–210, div. A, title II, § 203(a), (b), Aug. 6, 2002, 116 Stat. 963; Pub. L. 111–5, div. B, title I, §§ 1899E(b), 1899K(a), Feb. 17, 2009, 123 Stat. 427, 433; Pub. L. 111–344, title I, § 115(b), Dec. 29, 2010, 124 Stat. 3615; Pub. L. 112–40, title II, § 241(b)(3)(D), Oct. 21, 2011, 125 Stat. 419.)
heading: References in Text
text: This chapter, referred to in subsec. (b), was in the original “this title” meaning title I of Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 939, which enacted this chapter, repealed sections 1501 to 1505, 1511 to 1583, 1592 to 1735, 1737 to 1791h, 1792 to 1792b, 2301 to 2314 of this title, section 211 of former Title 40, Appendix, Public Buildings, Property, and Works, sections 11421, 11441 to 11447, 11449, 11450, 11461 to 11466, 11471, and 11472 of Title 42, The Public Health and Welfare, and sections 42101 to 42106 of Title 49, Transportation, enacted provisions set out as notes under sections 1501, 2301, and 2940 of this title and section 11421 of Title 42, and repealed provisions set out as notes under sections 801 and 2301 of this title and section 1255a of Title 8, Aliens and Nationality. For complete classification of title I to the Code, see Tables.
Section 1602 of this title, referred to in subsec. (e)(2)(A)(i), (3)(A), was repealed by Pub. L. 105–220, title I, § 199(b)(2), Aug. 7, 1998, 112 Stat. 1059, effective July 1, 2000.
Section 35(e)(2)(A) of title 26, referred to in subsec. (f)(1)(A), does not contain a cl. (v).
The Social Security Act, referred to in subsec. (f)(7)(B), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Parts A and B of title XVIII of the Act are classified generally to parts A (§ 1395c et seq.) and B (§ 1395j et seq.), respectively, of subchapter XVIII of chapter 7 of Title 42, The Public Health and Welfare. Titles XIX and XXI of the Act are classified generally to subchapters XIX (§ 1396 et seq.) and XXI (§ 1397aa et seq.), respectively, of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) (as in effect on the day before the effective date of the Trade Act of 2002), referred to in subsec. (g)(2), (5), is chapter 2 of title II of Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, as in effect on the day before the effective date of Pub. L. 107–210. Chapter 2 of title II of Pub. L. 93–618 is classified generally to part 2 (§ 2271 et seq.) of subchapter II of chapter 12 of Title 19, Customs Duties. For effective date provisions applicable to certain amendments by Pub. L. 107–210 to chapter 2 of title II of Pub. L. 93–618, see Effective Date of 2002 Amendment note set out preceding section 2271 of Title 19. For complete classification of Pub. L. 93–618 to the Code, see section 2101 of Title 19 and Tables.
heading: Amendments
text: 2011—Subsec. (f)(8). Pub. L. 112–40 struck out introductory provisions which read as follows: “In the case of eligible coverage months beginning before February 13, 2011—”.
2010—Subsec. (f)(8). Pub. L. 111–344 substituted “February 13, 2011” for “January 1, 2011” in introductory provisions.
2009—Subsec. (f)(1), (2). Pub. L. 111–5, § 1899K(a), added pars. (1) and (2) and struck out former pars. (1) and (2) which authorized use of funds to assist enrollment in qualified health insurance and for payment of administrative and start-up expenses and defined “qualified health insurance”.
Subsec. (f)(8). Pub. L. 111–5, § 1899E(b), added par. (8).
2002—Subsec. (a)(4). Pub. L. 107–210, § 203(a), added par. (4).
Subsecs. (f), (g). Pub. L. 107–210, § 203(b), added subsecs. (f) and (g).
1998—Subsec. (a)(2). Pub. L. 105–277, § 101(f) [title VIII, § 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, § 101(f) [title VIII], added subsec. (e).
heading: Effective Date of 2011 Amendment
text: Amendment by Pub. L. 112–40 applicable to coverage months beginning after Feb. 12, 2011, see section 241(c) of Pub. L. 112–40, set out as a note under section 35 of Title 26, Internal Revenue Code.
heading: Effective Date of 2010 Amendment
text: Amendment by Pub. L. 111–344 applicable to months beginning after Dec. 31, 2010, see section 115(c) of Pub. L. 111–344, set out as a note under section 35 of Title 26, Internal Revenue Code.
heading: Effective Date of 2009 Amendment
text: Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as an Effective and Termination Dates of 2009 Amendment note under section 2271 of Title 19, Customs Duties.
Amendment by section 1899E(b) of Pub. L. 111–5 applicable to months beginning after Dec. 31, 2009, see section 1899E(c) of Pub. L. 111–5, set out as a note under section 35 of Title 26, Internal Revenue Code.
heading: Effective Date of 2002 Amendment
text: Amendment by Pub. L. 107–210 applicable to petitions for certification filed under part 2 or 3 of subchapter II of chapter 12 of Title 19, Customs Duties, on or after the date that is 90 days after Aug. 6, 2002, except as otherwise provided, see section 151 of Pub. L. 107–210, set out as a note preceding section 2271 of Title 19.
heading: Construction of 2002 Amendment
text: Pub. L. 107–210, div. A, title II, § 203(f), Aug. 6, 2002, 116 Stat. 972, provided that: “Nothing in this title [enacting sections 35, 6050T, and 7527 of Title 26, Internal Revenue Code, and section 300gg–45 of Title 42, The Public Health and Welfare, amending this section, sections 1165, 2862, and 2919 of this title, sections 4980B, 6103, 6724, and 7213A of Title 26, section 1324 of Title 31, Money and Finance, and section 300bb–5 of Title 42, renumbering section 35 of Title 26 as section 36 of Title 26, and enacting provisions set out as notes under sections 35 and 6050T of Title 26] (or the amendments made by this title), other than provisions relating to COBRA continuation coverage and reporting requirements, shall be construed as creating any new mandate on any party regarding health insurance coverage.”