§ 2918. — National emergency grants.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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;
(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).
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\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.
(f) Health insurance coverage assistance for eligible individuals
(1) In general
Funds made available to a State or entity under paragraph (4)(A)
of subsection (a) of this section may be used by the State or entity
for the following:
(A) Health insurance coverage
To assist an eligible individual and such individual's
qualifying family members in enrolling in qualified health
insurance.
(B) Administrative and start-up expenses
To pay the administrative expenses related to the enrollment
of eligible individuals and such individuals' qualifying family
members in qualified health insurance, including--
(i) eligibility verification activities;
(ii) the notification of eligible individuals of
available 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 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
administrative expenses to carry out clauses (iv) through
(ix) of paragraph (2)(A).
(2) Qualified health insurance
For purposes of this subsection and subsection (g) of this
section--
(A) In general
The term ``qualified health insurance'' means any of the
following:
(i) Coverage under a COBRA continuation provision (as
defined in section 1191b(d)(1) of this title).
(ii) State-based continuation coverage provided by the
State under a State law that requires such coverage.
(iii) Coverage offered through a qualified State high
risk pool (as defined in section 300gg-44(c)(2) of title
42).
(iv) Coverage under a health insurance program offered
for State employees.
(v) Coverage under a State-based health insurance
program that is comparable to the health insurance program
offered for State employees.
(vi) Coverage through an arrangement entered into by a
State and--
(I) a group health plan (including such a plan which
is a multiemployer plan as defined in section 1002(37)
of this title),
(II) an issuer of health insurance coverage,
(III) an administrator, or
(IV) an employer.
(vii) Coverage offered through a State arrangement with
a private sector health care coverage purchasing pool.
(viii) Coverage under a State-operated health plan that
does not receive any Federal financial participation.
(ix) Coverage under a group health plan that is
available through the employment of the eligible
individual's spouse.
(x) In the case of any eligible individual and such
individual's qualifying family members, coverage under
individual health insurance if the eligible individual was
covered under individual health insurance during the entire
30-day period that ends on the date that such individual
became separated from the employment which qualified such
individual for--
(I) in the case of an eligible TAA recipient, the
allowance described in section 35(c)(2) of title 26,
(II) in the case of an eligible alternative TAA
recipient, the benefit described in section 35(c)(3)(B)
of such title, or
(III) in the case of any eligible PBGC pension
recipient, the benefit described in section 35(c)(4)(B)
of such title.
For purposes of this clause, the term ``individual health
insurance'' means any insurance which constitutes medical
care offered to individuals other than in connection with a
group health plan and does not include Federal- or State-
based health insurance coverage.
(B) Requirements for State-based coverage
(i) In general
The term ``qualified health insurance'' does not include
any coverage described in clauses (ii) through (viii) of
subparagraph (A) unless the State involved has elected to
have such coverage treated as qualified health insurance
under this paragraph and such coverage meets the following
requirements:
(I) Guaranteed issue
Each qualifying individual is guaranteed enrollment
if the individual pays the premium for enrollment or
provides a qualified health insurance costs credit
eligibility certificate described in section 7527 of
title 26 and pays the remainder of such premium.
(II) No imposition of preexisting condition
exclusion
No pre-existing condition limitations are imposed
with respect to any qualifying individual.
(III) Nondiscriminatory premium
The total premium (as determined without regard to
any subsidies) with respect to a qualifying individual
may not be greater than the total premium (as so
determined) for a similarly situated individual who is
not a qualifying individual.
(IV) Same benefits
Benefits under the coverage are the same as (or
substantially similar to) the benefits provided to
similarly situated individuals who are not qualifying
individuals.
(ii) Qualifying individual
For purposes of this subparagraph, the term ``qualifying
individual'' means--
(I) an eligible individual for whom, as of the date
on which the individual seeks to enroll in clauses (ii)
through (viii) of subparagraph (A), the aggregate of the
periods of creditable coverage (as defined in section
9801(c) of title 26) is 3 months or longer and who, with
respect to any month, meets the requirements of clauses
(iii) and (iv) of section 35(b)(1)(A) of such title; and
(II) the qualifying family members of such eligible
individual.
(C) Exception
The term ``qualified health insurance'' shall not include--
(i) a flexible spending or similar arrangement, and
(ii) any insurance if substantially all of its coverage
is of excepted benefits described in section 1191b(c) of
this title.
(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.
(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, 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; Pub. L. 107-210, div. A,
title II, Sec. 203(a), (b), Aug. 6, 2002, 116 Stat. 963.)
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.
The Social Security Act, referred to in subsec. (f)(7)(B), is act
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Parts A and B of title
XVIII of the Act are classified generally to parts A (Sec. 1395c et
seq.) and B (Sec. 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 (Sec. 1396 et
seq.) and XXI (Sec. 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 amended, 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
(Sec. 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.
Amendments
2002--Subsec. (a)(4). Pub. L. 107-210, Sec. 203(a), added par. (4).
Subsecs. (f), (g). Pub. L. 107-210, Sec. 203(b), added subsecs. (f)
and (g).
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).
Effective Date of 2002 Amendment
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.
Construction of 2002 Amendment
Pub. L. 107-210, div. A, title II, Sec. 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.''
Section Referred to in Other Sections
This section is referred to in sections 2862, 2915, 2916, 2919 of
this title.
