29 U.S.C. § 3225: National dislocated worker…

Summary

Gives federal grants to help workers who lose jobs because of big economic events or disasters. The money can go to states, local workforce boards, certain public or private groups, or any group a Governor or the Secretary approves that can handle the job. Grants can pay for job training and employment after plant closings, mass layoffs, or military base closures or realignments. Grants can also go to a Governor to hire people in a declared disaster area or to help workers who moved from a disaster area. Extra funds can be given if a state or local board runs out of money or if many military members and their spouses need help. The Secretary must decide on a grant application within 45 calendar days and must issue a notice of obligation within 10 days after making the award. People who can get services include dislocated workers; civilian DoD or Department of Energy employees at a base that will close or realign within 24 months; nonmanagerial DoD contractor workers at risk because of defense cuts (who can get retraining); and certain members of the Armed Forces who leave active duty and apply within 180 days. Disaster-related grants, worked with FEMA as needed, can pay for food, shelter, cleanup, repair, demolition, reconstruction, and training. Disaster work is generally limited to 12 months per event, but a State may ask for up to 12 more months. Responsible parties still must pay back any costs the United States incurs.

Title 29, §3225

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(a)Definitions

In this section: (1) Emergency or disaster

(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 national dislocated worker grants—

(A)to an entity described in subsection (c)(1)(B) 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;

(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 dislocated workers in a case in which the State board or local board has expended the funds provided under this section to carry out activities described in subparagraphs (A) and (B) and can demonstrate the need for additional funds to provide appropriate services for such workers, in accordance with requirements 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 employment and training activities for dislocated 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), exceeds State and local resources for providing such activities; and

(ii)such activities are to be carried out in partnership with the Department of Defense 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 worker grant under this subsection not later than 45 calendar days after receipt of the application. The Secretary shall issue a notice of obligation for such grant not later than 10 days after the award of such grant.

(c)Employment and training assistance requirements

(1)Grant recipient eligibility

(A)Application

To be eligible to receive a grant under subsection (b)(1)(A), 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 3221(c) of this title, an entity determined to be eligible by the Governor of the State involved, and any other entity that demonstrates 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 dislocated worker grant awarded pursuant to subsection (b)(1)(A), 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 dislocated worker grants to ensure effective use of the funds available for this purpose.

(D)Definitions

In this paragraph, the terms “military installation” 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 (b)(1)(B)—

(A)shall be used, in coordination with the Administrator of the Federal Emergency Management Agency, as applicable, to provide disaster relief employment on projects that provide food, clothing, shelter, and other humanitarian assistance for emergency and disaster victims, and projects regarding demolition, cleaning, repair, renovation, and reconstruction of damaged and destroyed structures, facilities, and lands located within the disaster area and in offshore areas related to the emergency or disaster;

(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 (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 disaster; or

(D)in the case of an individual who is self-employed, becomes unemployed or significantly 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 subsection (b)(1)(B) for more than 12 months for work related to recovery from a single emergency or disaster.

(B)Extension

At the request of a State, the Secretary may extend such employment, related to recovery 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 appropriated for any fiscal year and available for expenditure under any grant awarded to the State under this section, to provide any assistance 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 relieve liability, by a responsible party that is liable under Federal law, for any costs incurred by the United States under subsection (b)(1)(B) or this subsection, including the responsibility to provide reimbursement for such costs to the United States.

Notes & Related Subsidiaries

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 Workforce 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, Education, and made

Amendments

to numerous other sections 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 program 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.

§3225 National Dislocated Worker Grants