[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.

                                  <all>