29 U.S.C. § 3225 — National dislocated worker grants

Page 918 TITLE 29—LABOR § 3225 EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–447 effective 90 days after Dec. 8, 2004, see section 430(a) of Pub. L. 108–447, set out as a note under section 1182 of Title 8, Aliens and Na- tionality. § 3225. National dislocated worker grants (a) Definitions In this section: (1) Emergency or disaster The term ‘‘emergency or disaster’’ means— (A) an emergency or a major disaster, as defined in paragraphs (1) and (2), respec- tively, of section 5122 of title 42; or (B) an emergency or disaster situation of national significance that could result in a potentially large loss of employment, as de- clared or otherwise recognized by the chief official of a Federal agency with authority for or jurisdiction over the Federal response to the emergency or disaster situation. (2) Disaster area The term ‘‘disaster area’’ means an area that has suffered or in which has occurred an emergency or disaster. (b) In general (1) Grants The Secretary is authorized to award na- tional dislocated worker grants— (A) to an entity described in subsection (c)(1)(B) to provide employment and training assistance to workers affected by major eco- nomic dislocations, such as plant closures, mass layoffs, or closures and realignments of military installations; (B) to provide assistance to— (i) the Governor of any State within the boundaries of which is a disaster area, to provide disaster relief employment in the disaster area; or (ii) the Governor of any State to which a substantial number of workers from an area in which an emergency or disaster has been declared or otherwise recognized have relocated; (C) to provide additional assistance to a State board or local board for eligible dis- located workers in a case in which the State board or local board has expended the funds provided under this section to carry out ac- tivities described in subparagraphs (A) and (B) and can demonstrate the need for addi- tional funds to provide appropriate services for such workers, in accordance with re- quirements prescribed by the Secretary; and (D) to provide additional assistance to a State board or local board serving an area where— (i) a higher-than-average demand for em- ployment and training activities for dis- located members of the Armed Forces, spouses described in section 3102(15)(E) of this title, or members of the Armed Forces described in subsection (c)(2)(A)(iv), ex- ceeds State and local resources for pro- viding such activities; and (ii) such activities are to be carried out in partnership with the Department of De- fense and Department of Veterans Affairs transition assistance programs. (2) Decisions and obligations The Secretary shall issue a final decision on an application for a national dislocated work- er grant under this subsection not later than 45 calendar days after receipt of the applica- tion. The Secretary shall issue a notice of ob- ligation for such grant not later than 10 days after the award of such grant. (c) Employment and training assistance require- ments (1) Grant recipient eligibility (A) Application To be eligible to receive a grant under sub- section (b)(1)(A), an entity shall submit an application to the Secretary at such time, in such manner, and containing such informa- tion as the Secretary may require. (B) Eligible entity In this paragraph, the term ‘‘entity’’ means a State, a local board, an entity de- scribed in section 3221(c) of this title, an en- tity determined to be eligible by the Gov- ernor of the State involved, and any other entity that demonstrates to the Secretary the capability to effectively respond to the circumstances relating to particular disloca- tions. (2) Participant eligibility (A) In general In order to be eligible to receive employ- ment and training assistance under a na- tional dislocated worker grant awarded pur- suant to subsection (b)(1)(A), an individual shall be— (i) a dislocated worker; (ii) a civilian employee of the Depart- ment of Defense or the Department of En- ergy 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 eli- gibility; (iii) an individual who is employed in a nonmanagerial position with a Depart- ment of Defense contractor, who is deter- mined by the Secretary of Defense to be at risk of termination from employment as a result of reductions in defense expendi- tures, and whose employer is converting operations from defense to nondefense ap- plications in order to prevent worker lay- offs; or (iv) a member of the Armed Forces who— (I) was on active duty or full-time Na- tional 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 vol- untary separation incentive program under section 1175 of that title; Page 919 TITLE 29—LABOR § 3225a (III) is not entitled to retired or re- tained pay incident to the separation de- scribed 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 assist- ance to upgrade skills by obtaining market- able skills needed to support the conversion described in subparagraph (A)(iii). (C) Additional requirements The Secretary shall establish and publish additional requirements related to eligi- bility for employment and training assist- ance under the national dislocated worker grants to ensure effective use of the funds available for this purpose. (D) Definitions In this paragraph, the terms ‘‘military in- stallation’’ 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 re- quirements (1) In general Funds made available under subsection (b)(1)(B)— (A) shall be used, in coordination with the Administrator of the Federal Emergency Management Agency, as applicable, to pro- vide disaster relief employment on projects that provide food, clothing, shelter, and other humanitarian assistance for emer- gency and disaster victims, and projects re- garding demolition, cleaning, repair, renova- tion, and reconstruction of damaged and de- stroyed structures, facilities, and lands lo- cated within the disaster area and in off- shore areas related to the emergency or dis- aster; (B) may be expended through public and private agencies and organizations engaged in such projects; and (C) may be expended to provide employ- ment and training activities. (2) Eligibility An individual shall be eligible to be offered disaster relief employment under subsection (b)(1)(B) if such individual— (A) is a dislocated worker; (B) is a long-term unemployed individual; (C) is temporarily or permanently laid off as a consequence of the emergency or dis- aster; or (D) in the case of an individual who is self- employed, becomes unemployed or signifi- cantly underemployed as a result of the emergency or disaster. (3) Limitations on disaster relief employment (A) In general Except as provided in subparagraph (B), no individual shall be employed under sub- section (b)(1)(B) for more than 12 months for work related to recovery from a single emer- gency or disaster. (B) Extension At the request of a State, the Secretary may extend such employment, related to re- covery from a single emergency or disaster involving the State, for not more than an additional 12 months. (4) Use of available funds Funds made available under subsection (b)(1)(B) shall be available to assist workers described in paragraph (2) who are affected by an emergency or disaster, including workers who have relocated from an area in which an emergency or disaster has been declared or otherwise recognized, as appropriate. Under conditions determined by the Secretary and following notification to the Secretary, a State may use such funds, that are appro- priated for any fiscal year and available for expenditure under any grant awarded to the State under this section, to provide any assist- ance authorized under this subsection. Funds used pursuant to the authority provided under this paragraph shall be subject to the liability and reimbursement requirements described in paragraph (5). (5) Liability and reimbursement Nothing in this Act shall be construed to re- lieve liability, by a responsible party that is liable under Federal law, for any costs in- curred by the United States under subsection (b)(1)(B) or this subsection, including the re- sponsibility to provide reimbursement for such costs to the United States. (Pub. L. 113–128, title I, § 170, July 22, 2014, 128 Stat. 1573.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (d)(5), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, known as the Work- force Innovation and Opportunity Act, which enacted this chapter, repealed chapter 30 (§ 2801 et seq.) of this title and chapter 73 (§ 9201 et seq.) of Title 20, Edu- cation, and made amendments to numerous other sec- tions and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. § 3225a. Addressing economic and workforce im- pacts of the opioid crisis (a) Definitions Except as otherwise expressly provided, in this section: (1) WIOA definitions The terms ‘‘core program’’, ‘‘individual with a barrier to employment’’, ‘‘local area’’, ‘‘local board’’, ‘‘one-stop operator’’, ‘‘outlying area’’,