Page:United States Statutes at Large Volume 116 Part 2.djvu/184

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116 STAT. 966 PUBLIC LAW 107-210—AUG. 6, 2002 Deadline. of the Employee Retirement Income Security Act of 1974. " (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; "(ii) in the case of an application of a State or other entity that is disapproved by the Secretary, provide technical assistance, at the request of the State or entity, in a timely manner to enable the State or entity to submit an approved application; and "(iii) develop procedures to expedite the provision of funds to States and entities with approved applications. " (B) AVAILABILITY AND DISTRIBUTION OF FUNDS.— The Secretary shall ensure that funds made available under section 174(c)(1)(A) to carry out subsection (a)(4)(A) are available to States and entities throughout the period described in section 174(c)(2)(A). "(4) ELIGIBLE INDIVIDUAL DEFINED.— For purposes of this subsection and subsection (g), the term 'eligible individual' means— "(A) an eligible TAA recipient (as defined in section 35(c)(2) of the Internal Revenue Code of 1986), "(B) an eligible alternative TAA recipient (as defined in section 35(c)(3) of the Internal Revenue Code of 1986), and "(C) an eligible PBGC pension recipient (as defined in section 35(c)(4) of the Internal Revenue Code of 1986), 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)— "(A) IN GENERAL. —The term 'qualifying family member' means— "(i) the eligible individual's spouse, and "(ii) any dependent of the eligible individual with respect to whom the individual is entitled to a deduction under section 151(c) of the Internal Revenue Code of 1986. 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 Code 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 Code) and not with respect to the noncustodial parent.