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[1] So in original. Probably should be “ ‘military installation’ ”.
§ 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
(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—
(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
(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).
(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;
(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—
(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—
(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—
(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).
(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—
(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.
(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
(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;
(4)
Eligible individual defined
For purposes of this subsection and subsection (g) of this section, the term “eligible individual” means—
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—
(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
(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).
(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:
(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;
(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).
[1] So in original. Probably should be “ ‘military installation’ ”.
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