Flexibility for Displaced Workers Act
PL 109-72 (H.R.3761), enacted 09/23/2005

119 STAT. 2013
PUBLIC LAW 109–72—SEPT. 23, 2005
Public Law 109–72
109th Congress
An Act
To provide special rules for disaster relief employment under the Workforce Invest-
ment 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
EMPLOY-
MENT.—Funds provided to States that submit applications for assist-
ance 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 individ-
uals 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 EMPLOY-
MENT.—Funds provided to States that submit applications for assist-
ance 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]
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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 cir-
cumstances.
(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 pro-
vided 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 Sec-
retary of Labor, any State may use funds that remain available
for expenditure under any grants awarded to the State under sec-
tion 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 contribu-
tions, 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 assist-
ance 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.
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119 STAT. 2015
PUBLIC LAW 109–72—SEPT. 23, 2005
LEGISLATIVE HISTORY—H.R. 3761:
CONGRESSIONAL RECORD, Vol. 151 (2005):
Sept. 20, considered and passed House.
Sept. 21, considered and passed Senate.
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.
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