[109th Congress Public Law 72]
[From the U.S. Government Printing Office]
[DOCID: f:publ072.109]
[[Page 119 STAT. 2013]]
Public Law 109-72
109th Congress
An Act
To provide special rules for disaster relief employment under the
Workforce Investment Act of 1998 for individuals displaced by Hurricane
Katrina. <<NOTE: Sept. 23, 2005 - [H.R. 3761]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Flexibility for Displaced
Workers Act.>> 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 Employment.--Funds
provided to States that submit applications for assistance 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 individuals 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 Employment.--Funds
provided to States that submit applications for assistance 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.
[[Page 119 STAT. 2014]]
(d) Extension of the Duration of Disaster Relief Employment.--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 circumstances.
(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 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
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 Secretary of
Labor, any State may use funds that remain available for expenditure
under any grants awarded to the State under section 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 contributions, 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 assistance 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.
[[Page 119 STAT. 2015]]
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.
LEGISLATIVE HISTORY--H.R. 3761:
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CONGRESSIONAL RECORD, Vol. 151 (2005):
Sept. 20, considered and passed House.
Sept. 21, considered and passed Senate.
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