113 HR 5529 IH: HELP Act
U.S. House of Representatives
2014-09-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.Short title; table of contents
(a)This Act may be cited as the Healthy Employee Loss Prevention Act of 2014
of the HELP Act
.
(b)The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Title I—Petitions and Determinations
Sec. 101. Petitions.
Sec. 102. Group eligibility requirements.
Sec. 103. Determinations and certifications.
Sec. 104. Benefit information to workers.
Title II—Program Benefits
Subtitle A—Readjustment Allowances
Sec. 201. Qualifying requirements for workers.
Sec. 202. Weekly amounts.
Subtitle B—Training, Other Employment Services, and Allowances
Sec. 221. Employment and case management services.
Sec. 222. Training.
Sec. 223. Job search allowances.
Sec. 224. Relocation allowances.
Title III—General Provisions
Sec. 301. Establishment of Commission.
Sec. 302. Agreements with States.
Sec. 303. Administration absent State agreement.
Sec. 304. Liability of certifying and disbursing officers.
Sec. 305. Fraud and recovery of overpayments.
Sec. 306. Penalties.
Sec. 307. Agency funding limitations and authorization of appropriations.
Sec. 308. Agency reports of wasteful and excessive spending required.
Sec. 309. Regulations.
Sec. 310. Subpoena power.
2.As used in this Act, the following definitions apply:
(1)The term adversely affected employment means employment in a company or appropriate subdivision of a company, if workers of such company
or subdivision are eligible to apply for adjustment assistance under this
Act.
(2)The term adversely affected worker means an individual who, because of lack of work in adversely affected employment—
(A)has been totally or partially separated from such employment, or
(B)has been totally separated from employment with the company in a subdivision of which such
adversely affected employment exists.
(3)The term average weekly wage means one-thirteenth of the total wages paid to an individual in the high quarter. For purposes of
this computation, the high quarter shall be that quarter in which the
individual’s total wages were highest among the first 4 of the last 5
completed calendar quarters immediately before the quarter in which occurs
the week with respect to which the computation is made. Such week shall be
the week in which total separation occurred, or, in cases where partial
separation is claimed, an appropriate week, as defined in regulations
prescribed by the Secretary.
(4)The term average weekly hours means the average hours worked by the individual (excluding overtime) in the employment from which
he has been or claims to have been separated in the 52 weeks (excluding
weeks during which the individual was sick or on vacation) preceding the
week specified in the last sentence of paragraph (3).
(5)The term benefit period means, with respect to an individual—
(A)the benefit year and any ensuing period, as determined under applicable State law, during which the
individual is eligible for regular compensation, additional compensation,
or extended compensation; or
(B)the equivalent to such a benefit year or ensuing period provided for under the applicable Federal
unemployment insurance law.
(6)The term Commission means the Critical Employment Advisory Commission established under section 301.
(7)
(A)The term job search program means a job search workshop or job finding club.
(B)The term job search workshop means a short (1 to 3 days) seminar designed to provide participants with knowledge that will
enable the participants to find jobs. Subjects are not limited to, but
should include, labor market information, resume writing, interviewing
techniques, and techniques for finding job openings.
(C)The term job finding club means a job search workshop which includes a period (1 and 2 weeks) of structured, supervised
activity in which participants attempt to obtain jobs.
(8)The term on-the-job training means training provided by an employer to an individual who is employed by the employer.
(9)The term partial separation means, with respect to an individual who has not been totally separated, that he or she has had—
(A)his or her hours of work reduced to 80 percent or less of his or her average weekly hours in
adversely affected employment; and
(B)his or her wages reduced to 80 percent or less of his or her average weekly wage in such adversely
affected employment.
(10)The term State agency means the agency of the State which administers the State law.
(11)The term State law means the unemployment insurance law of the State approved by the Secretary of Labor under section
3304 of the Internal Revenue Code of 1986.
(12)The term total separation means the layoff or severance of an individual from employment with a company in which, or in a
subdivision of which, adversely affected employment exists.
(13)The term unemployment insurance means the unemployment compensation payable to an individual under any State law or Federal
unemployment compensation law, including chapter 85 of title 5, United
States Code, and the Railroad Unemployment Insurance Act. The terms regular compensation, additional compensation, and extended compensation have the same respective meanings that are given them in section 205 of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
(14)The term week means a week as defined in the applicable State law.
(15)The term week of unemployment means a week of total, part-total, or partial unemployment as determined under the applicable
State law or Federal unemployment insurance law.
<enum>I</enum><header>Petitions and Determinations</header>
<section id="H69DA604F91304019B24A79AE2FEA70DE"><enum>101.</enum><header>Petitions</header>
<subsection id="H3EDAE854A1AD4161835275A104A02306"><enum>(a)</enum><header>In general</header><text display-inline="yes-display-inline">A petition for certification of eligibility to apply for adjustment assistance for a group of
workers under this Act may be filed simultaneously with the Commission and
with the Governor of the State in which such workers’ company is located
by any of the following:</text>
<paragraph id="HE7B64A7C8D00498CB1C1B2C2EA6601AC"><enum>(1)</enum><text>The group of workers.</text>
</paragraph><paragraph id="H28592B60D78A43E9A222A5B87F5EFEE5"><enum>(2)</enum><text>The certified or recognized union or other duly authorized representative of such workers.</text>
</paragraph><paragraph id="H60228C669AC54FD28C602CB7126303E6"><enum>(3)</enum><text>Employers of such workers, one-stop operators or one-stop partners (as defined in section 101 of
the Workforce Investment Act of 1998 (<external-xref legal-doc="usc" parsable-cite="usc/29/2801">29 U.S.C. 2801</external-xref>)), including State
employment security agencies, or the State dislocated worker unit
established under title I of such Act, on behalf of such workers.</text>
</paragraph></subsection><subsection commented="no" id="H1C3528E3356B4ACBAC3D325EC07B7DAF"><enum>(b)</enum><header>Actions by a Governor</header><text>Upon receipt of a petition filed under subsection (a), the Governor shall—</text>
<paragraph commented="no" id="HE28260CF85EE42779FC63B454431B891"><enum>(1)</enum><text>ensure that rapid response activities and appropriate core and intensive services (as described in
section 134 of the Workforce Investment Act of 1998 (<external-xref legal-doc="usc" parsable-cite="usc/29/2864">29 U.S.C. 2864</external-xref>))
authorized under other Federal laws are made available to the workers
covered by the petition to the extent authorized under such laws; and</text>
</paragraph><paragraph commented="no" id="H3F41CA442ECE438A93AC2266D1A05878"><enum>(2)</enum><text>assist the Commission in the review of the petition by verifying such information and providing
such other assistance as the Commission may request.</text>
</paragraph></subsection><subsection commented="no" id="H05E08EDFB6C1403887D52CF51DFF0E91"><enum>(c)</enum><header>Actions by the Commission</header><text>Upon receipt of the petition, the Commission shall promptly publish notice in the Federal Register
and on the website of the Commission that the Commission has received the
petition and initiated an investigation.</text>
</subsection><subsection commented="no" id="H41B49670671D4813AFAB1C348532B64D"><enum>(d)</enum><header>Hearing</header><text>If the petitioner, or any other person found by the Commission to have a substantial interest in
the proceedings, submits not later than 10 days after the date of the
Commission’s publication under subsection (c) a request for a hearing, the
Commission shall provide for a public hearing and afford such interested
persons an opportunity to be present, to produce evidence, and to be
heard.</text>
</subsection></section><section id="H9375F2ABE75345DEAEDCD7FABFC84863"><enum>102.</enum><header>Group eligibility requirements</header>
<subsection id="H501B97532BDA4404B918B12B6C2DCC7B"><enum>(a)</enum><header>Criteria</header><text display-inline="yes-display-inline">A group of workers shall be certified by the Commission as eligible to apply for adjustment
assistance under this Act pursuant to a petition filed under section 101
if the Commission determines that—</text>
<paragraph id="HCAACBA1C8E434A5A8545E52CBC67AAAD"><enum>(1)</enum><text display-inline="yes-display-inline">such workers were coal miners, coal utility workers, or other workers in the coal industry or a
coal-dependent industry, as determined by the Commission;</text>
</paragraph><paragraph id="H4A884C6D0613406E8AAAF9AFF49B2927"><enum>(2)</enum><text>a significant number or proportion of the workers in such workers’ company have become totally or
partially separated, or are threatened to become totally or partially
separated or have experienced or are threatened to experience a
significant reduction in wages;</text>
</paragraph><paragraph id="H46C35DA4258D43CCA36C2982AE461EE5"><enum>(3)</enum>
<subparagraph commented="no" display-inline="yes-display-inline" id="H321304B8490145288CAF537602033B10"><enum>(A)</enum><text>sales or production, or both, of such company have decreased absolutely;</text>
</subparagraph><subparagraph id="HFABA66230E4C4F85B13A29E5323398E7" indent="up1"><enum>(B)</enum><text>there has been a shift by such workers’ company to other types of sales or products;</text>
</subparagraph><subparagraph id="H9C44FFD60C1F4DFDA28A6C62D891CD4B" indent="up1"><enum>(C)</enum><text>such workers’ company has been closed or relocated or acquired from another entity or foreign
country; or</text>
</subparagraph><subparagraph id="HF4518A4A9DC947D9ABD86F2B3B689E6A" indent="up1"><enum>(D)</enum><text>the sales or production or both have caused a shift that contributed to such worker’s separation or
threat of separation; and</text>
</subparagraph></paragraph><paragraph id="H76C6B0ADDE3D42B582823D92BC29575E"><enum>(4)</enum><text display-inline="yes-display-inline">the separation or partial separation or reduction in wages described in paragraph (1) any of the
actions described in paragraph (2) the Commission determines to have
occurred are directly attributable to—</text>
<subparagraph id="HD4265891A03D4E43AB7DD9ECDD4CC803"><enum>(A)</enum><text>actions by the Federal Government;</text>
</subparagraph><subparagraph id="H3EB9EFEE4BAF45E2A5FBF1565911E917"><enum>(B)</enum><text>the low-cost of other forms of energy;</text>
</subparagraph><subparagraph id="HFE32BDC2642F4A32B6DA8DDDBE281EDA"><enum>(C)</enum><text>the existence of State-to-State electricity market competition; or</text>
</subparagraph><subparagraph id="H63F6C852B8144F2F8DE4CC0F55AD9D79"><enum>(D)</enum><text>other reasons as determined by the Commission.</text>
</subparagraph></paragraph></subsection><subsection id="H7B69B70565A246EB8F066EE193D84208"><enum>(b)</enum><header>Basis for Commission Determinations</header>
<paragraph id="HE8C81E0B6E1D44C78E6A92DE5EC1EE75"><enum>(1)</enum><header>In general</header><text display-inline="yes-display-inline">The Commission shall, in determining whether to certify a group of workers under section 103,
obtain from the workers’ company, or a customer of the workers’ company,
information the Commission determines to be necessary to make the
certification, through questionnaires and in such other manner as the
Commission determines appropriate. The Commission shall establish
standards, including data requirements, for investigations of petitions
filed under section 101 and criteria for making determinations under
section 103.</text>
</paragraph><paragraph id="HA38570AA060F4EA6B01589038E775049"><enum>(2)</enum><header>Additional information</header><text>The Commission may seek additional information to determine whether to certify a group of workers—</text>
<subparagraph id="H631B05E25075452C95FC8EE15210EF44"><enum>(A)</enum><text>by contacting—</text>
<clause id="H5384DBD3D87F40FA9BDA63501792AF83"><enum>(i)</enum><text>officials or employees of the workers’ company;</text>
</clause><clause id="H6725BF2C49F9485990A91BCCA52CCFA6"><enum>(ii)</enum><text>officials of certified or recognized unions or other duly authorized representatives of the group
of workers;</text>
</clause><clause id="HB5AB204BD2114081A2E718925905C8FD"><enum>(iii)</enum><text display-inline="yes-display-inline">the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of
Labor, the Federal Energy Regulatory Commission, the United States Army
Corps of Engineers, the Secretary of the Interior, the United States
Geological Survey, the Secretary of Agriculture, the Secretary of
Commerce, or the Secretary of the Treasury, as applicable; and</text>
</clause></subparagraph><subparagraph id="H97C529B05A7C45BAABBA65649CF5643C"><enum>(B)</enum><text>by using other available sources of information.</text>
</subparagraph></paragraph><paragraph id="H31FB37AB01DF4AA0AD47E98859ADEA91"><enum>(3)</enum><header>Verification of information</header>
<subparagraph id="HB1D3B60B0960498D90CE4EAAC689419E"><enum>(A)</enum><header>Certification</header><text>The Commission shall require a company or customer to certify—</text>
<clause id="HDB766504CAF34578926BF49941591E53"><enum>(i)</enum><text>all information obtained under paragraph (1) from the company through questionnaires; and</text>
</clause><clause id="HAC2F0787C221403DB88C7989D4F7ECB0"><enum>(ii)</enum><text>all other information obtained under paragraph (1) from the company on which the Commission relies
in making a determination under section 103, unless the Commission has a
reasonable basis for determining that such information is accurate and
complete without being certified.</text>
</clause></subparagraph><subparagraph id="HC1A9854AD4A34A699CB83C3F6C011FD8"><enum>(B)</enum><header>Use of subpoenas</header><text>The Commission shall require the workers’ company to provide information requested by the
Commission under paragraph (1) by subpoena pursuant to section 310 if the
company fails to provide the information within 20 days after the date of
the Commission's request, unless the company demonstrates to the
satisfaction of the Commission that the company will provide the
information within a reasonable period of time.</text>
</subparagraph><subparagraph id="HD92C5710CFE04B58A175C970D5D02B30"><enum>(C)</enum><header>Protection of confidential information</header><text>The Commission may not release information obtained under paragraph (1) that the Commission
considers to be confidential business information unless the company
submitting the confidential business information had notice, at the time
of submission, that the information would be released by the Commission,
or the company subsequently consents to the release of the information.
Nothing in this subparagraph shall be construed to prohibit the Commission
from providing such confidential business information to a court in camera
or to another party under a protective order issued by a court.</text>
</subparagraph></paragraph></subsection></section><section id="H00354B479D2240CEB9F76184E7A1F0E5"><enum>103.</enum><header>Determinations and certifications</header>
<subsection id="H7BC5755FBC6449BABA0B742D41A82200">
<enum>(a)</enum><header>In general</header>
<text>As soon as possible after the date on which a petition is filed under section 101, but in any event
not later than 40 days after that date, the Commission shall determine
whether the petitioning group meets the requirements of section 102 and
shall issue a certification of eligibility to apply for assistance under
this Act covering workers in any group which meets such requirements. Each
certification shall specify the date on which the total or partial
separation began or threatened to begin.</text>
</subsection><subsection commented="no" id="H9C123F31B7EC472DB05AD07CEBC8ABB7">
<enum>(b)</enum><header>Publication</header>
<text>Not later than 5 days after reaching a determination on a petition, the Commission shall publish a
summary of the determination in the Federal Register and on the website of
the Commission, together with the Commission’s reasons for making such
determination.</text>
</subsection><subsection id="HBFB1D46417254176A9EE4F1E37D36139">
<enum>(c)</enum><header>Termination of certification</header>
<text display-inline="yes-display-inline">Whenever the Commission determines, with respect to any certification of eligibility of the workers
of a company, that total or partial separations from such company are no
longer attributable to the factors described in section 102(a), the
Commission shall terminate such certification and promptly have notice of
such termination published in the Federal Register and on the website of
the Commission, together with the Commission’s reasons for making such
determination. Such termination shall apply only with respect to total or
partial separations occurring after the termination date specified by the
Commission.</text>
</subsection></section><section id="H03FD3EDAE1FC403E942AF3C44B1B3511"><enum>104.</enum><header>Benefit information to workers</header>
<subsection id="HEA532E97733D4468AB647EF192494435"><enum>(a)</enum><header>General information</header><text display-inline="yes-display-inline">The Commission shall provide full information to workers about the benefit allowances, training,
and other employment services available under this Act and about the
petition and application procedures, and the appropriate filing dates, for
such allowances, training and services. The Commission shall provide
whatever assistance is necessary to enable groups of workers to prepare
petitions or applications for program benefits. The Commission shall make
every effort to insure that cooperating State agencies fully comply with
the agreements entered into under section 302 and shall periodically
review such compliance. The Commission shall inform the State Board for
Vocational Education or equivalent agency and other public or private
agencies, institutions, and employers, as appropriate, of each
certification issued under section 103 and of projections, if available,
of the needs for training under section 222 as a result of such
certification.</text>
</subsection><subsection id="H1D0599B5057E48E09A7B27F09B2C7522"><enum>(b)</enum><header>Written notice to individuals</header>
<paragraph commented="no" display-inline="yes-display-inline" id="HEDF7E05A1BFF4C33A0EE96D3F5E044B3"><enum>(1)</enum><text>The Commission shall provide written notice through the mail of the benefits available under this
Act
to each worker whom the Commission has reason to believe is covered by a
certification made under title I—</text>
<subparagraph id="H074CED8109304AC19123A777D80060F4" indent="up1"><enum>(A)</enum><text>at the time such certification is made, if the worker was partially or totally separated from the
adversely affected employment before such certification, or</text>
</subparagraph><subparagraph id="HD6DCCA1D990048848F0212901A3613AE" indent="up1"><enum>(B)</enum><text>at the time of the total or partial separation of the worker from the adversely affected
employment, if subparagraph (A) does not apply.</text>
</subparagraph></paragraph></subsection><subsection id="HF4B10E3615F04291A35E5EFCD88B2E2C"><enum>(c)</enum><header>Published notice</header><text>The Commission shall publish notice of the benefits available under this Act to workers covered by
each certification made under title I in newspapers of general circulation
in the areas in which such workers reside.</text>
</subsection><subsection id="H3A0239A36CB84603A240EF40499DD5A9"><enum>(d)</enum><header>Notification to Department of Commerce</header><text>Upon issuing a certification under section 103, the Commission shall notify the Secretary of
Commerce of the identity of each company covered by the certification.</text>
</subsection></section><enum>II</enum><header>Program Benefits</header>
<subtitle id="H102A7A0AA8AB434CB6DB1EEB51CDF48B"><enum>A</enum><header>Readjustment Allowances</header>
<section id="H8765301142C1443D8B6EDDAE32E8CC8E"><enum>201.</enum><header>Qualifying requirements for workers</header>
<subsection id="HFF851CB00E324BBE919FCE28D6080982"><enum>(a)</enum><header>General qualifications</header><text display-inline="yes-display-inline">Payment of a readjustment allowance shall be made to an adversely affected worker covered by a
certification under title I who files an application for such allowance
for any week of unemployment which begins on or after the date of such
certification, if the following conditions are met:</text>
<paragraph id="H0376EA636A47421DB02DD92D03DAF309"><enum>(1)</enum><text>Such worker’s total or partial separation before the worker’s application under this subtitle
occurred—</text>
<subparagraph id="HA6E727A1555E44D086FEDA81346983C6"><enum>(A)</enum><text>on or after the date, as specified in the certification under which the worker is covered, on which
total or partial separation began or threatened to begin in the adversely
affected employment,</text>
</subparagraph><subparagraph id="H2202D0B52A644678BF0B5B25CCDB1ECA"><enum>(B)</enum><text>before the expiration of the 2-year period beginning on the date on which the determination under
section 103 was made, and</text>
</subparagraph><subparagraph id="H9DCEF454422441E8BDAEEC64B91A687C"><enum>(C)</enum><text>before the termination date (if any) determined pursuant to section 101.</text>
</subparagraph></paragraph><paragraph id="H036A27185DC1439CA4ED709CC41653FF"><enum>(2)</enum><text>Such worker had, in the 52-week period ending with the week in which such total or partial
separation occurred, at least 26 weeks of employment at wages of $30 or
more a week in adversely affected employment with a single company, or, if
data with respect to weeks of employment with a company are not available,
equivalent amounts of employment computed under regulations prescribed by
the Commission. For the purposes of this paragraph, any week in which such
worker—</text>
<subparagraph id="HFC4746C8E0C84E2CAA67A5E67D3C49B5"><enum>(A)</enum><text>is on employer-authorized leave for purposes of vacation, sickness, injury, maternity, or inactive
duty or active duty military service for training,</text>
</subparagraph><subparagraph id="H39FCF60682EA4811927A48C339BB2EC5"><enum>(B)</enum><text>does not work because of a disability that is compensable under a workmen's compensation law or
plan of a State or the United States,</text>
</subparagraph><subparagraph id="H3D91B7CDB0DF46E8AD5A16683B2F840B"><enum>(C)</enum><text>had his or her employment interrupted in order to serve as a full-time representative of a labor
organization in such company, or</text>
</subparagraph><subparagraph id="H14ACFAFD0FDB451E9EB409E4368911B6"><enum>(D)</enum><text>is on call-up for purposes of active duty in a reserve status in the Armed Forces of the United
States,</text></subparagraph><continuation-text continuation-text-level="paragraph">shall be treated as a week of employment at wages of $30 or more, but not more than 7 weeks, in
case of weeks described in subparagraph (A) or (C), or both (and not more
than 26 weeks, in the case of weeks described in subparagraph (B) or (D)),
may be treated as weeks of employment under this sentence.</continuation-text></paragraph><paragraph id="H98286F20FBF9450A839E37A2B802C241"><enum>(3)</enum><text>Such worker—</text>
<subparagraph id="H9FEC76719511425482D7DEB2B0A2B5C5"><enum>(A)</enum><text>was entitled to (or would be entitled to if the worker applied therefor) unemployment insurance for
a week within the benefit period (i) in which such total or partial
separation took place, or (ii) which began (or would have begun) by reason
of the filing of a claim for unemployment insurance by such worker after
such total or partial separation;</text>
</subparagraph><subparagraph id="H0935B286AFB249A4A45898C97848BB03"><enum>(B)</enum><text>has exhausted all rights to any unemployment insurance, except additional compensation that is
funded by a State and is not reimbursed from any Federal funds, to which
the worker was entitled (or would be entitled if the worker applied
therefor); and</text>
</subparagraph><subparagraph id="H17E0265C87C0465E9B5F1E09E3E4A88A"><enum>(C)</enum><text>does not have an unexpired waiting period applicable to the worker for any such unemployment
insurance.</text>
</subparagraph></paragraph><paragraph id="H0E6354A0FE014FA4BA1CD0AB53D392C9"><enum>(4)</enum><text>Such worker, with respect to such week of unemployment, would not be disqualified for extended
compensation payable under the Federal-State Extended Unemployment
Compensation Act of 1970 by reason of the work acceptance and job search
requirements in section 202(a)(3) of such Act.</text>
</paragraph><paragraph id="HB8A60FDDF96949CA9A4623FFA1A13358"><enum>(5)</enum><text>Such worker—</text>
<subparagraph id="H1242ECC2F10941F187D9050584B16832"><enum>(A)</enum>
<clause commented="no" display-inline="yes-display-inline" id="H6F333EC0078042EE91669074C34EB84B"><enum>(i)</enum><text>is enrolled in a training program approved by the Commission under section 222, and</text>
</clause><clause id="HA3D7D366F2994A8A8EB924A3A8E09568" indent="up1"><enum>(ii)</enum><text>the enrollment required under clause (i) occurs no later than the latest of—</text>
<subclause id="H17CB9DFE87354BA1BB4AB478F9D160D6"><enum>(I)</enum><text>in the case of a worker whose most recent total separation from adversely affected employment that
meets the requirements of paragraphs (1) and (2) occurs after the date on
which the Commission issues a certification covering the worker, the last
day of the 26th week after such total separation,</text>
</subclause><subclause id="HA4E0D6DFCCEF4CFDB4FCC739B8E0F3CA"><enum>(II)</enum><text>in the case of a worker whose most recent total separation from adversely affected employment that
meets the requirements of paragraphs (1) and (2) occurs before the date on
which the Commission issues a certification covering the worker, the last
day of the 26th week after the date of such certification,</text>
</subclause><subclause id="H3EF66F34F0FF4AD6A88EC43EC1967685"><enum>(III)</enum><text>45 days after the date specified in subclause (I) or (II), as the case may be, if the Commission
determines there are extenuating circumstances that justify an extension
in the enrollment period,</text>
</subclause><subclause id="H980CB7F7399E4477930A0495B467A82D"><enum>(IV)</enum><text>in the case of a worker who fails to enroll by the date required by subclause (I), (II), or (III),
as the case may be, due to the failure to provide the worker with timely
information regarding the date specified in such subclause, the last day
of a period determined by the Commission, or</text>
</subclause><subclause id="H8A4002CD70474EBE850082B85EAB377F"><enum>(V)</enum><text>the last day of a period determined by the Commission to be approved for enrollment after the
termination of a waiver issued pursuant to subsection (c),</text>
</subclause></clause></subparagraph><subparagraph id="HD8270E3220944BFC99A4070CBD0C5AA1"><enum>(B)</enum><text>has, after the date on which the worker became totally separated, or partially separated, from the
adversely affected employment, completed a training program approved by
the Commission under section 222(a), or</text>
</subparagraph><subparagraph id="H19925E29DE9F458C863BEDBB0CA07AE5"><enum>(C)</enum><text>has received a written statement under subsection (c)(1) after the date described in subparagraph
(B).</text>
</subparagraph></paragraph></subsection><subsection id="H30078F29EBCC45A5B37411660DB9A2DD"><enum>(b)</enum><header>Disqualification</header><text>If—</text>
<paragraph id="H513037116C1B45AF82665AFD18D8F000"><enum>(1)</enum><text>the Commission determines that—</text>
<subparagraph id="HF8B84F5A3A1E4E52ABC60130C676AB73"><enum>(A)</enum><text>the adversely affected worker—</text>
<clause id="H34AC0634E4204BADB28F5B55475F5BB7"><enum>(i)</enum><text>has failed to begin participation in the training program the enrollment in which meets the
requirement of subsection (a)(5), or</text>
</clause><clause id="H271FBE46C45C4D2EBA3B5A50CE21A8C7"><enum>(ii)</enum><text>has ceased to participate in such training program before completing such training program, and</text>
</clause></subparagraph><subparagraph id="HAD6FCCDE38B8437ABA54B8EADD37BCD7"><enum>(B)</enum><text>there is no justifiable cause for such failure or cessation, or</text>
</subparagraph></paragraph><paragraph id="HECB455B15B4E44C8B8702FB94FB85D4A"><enum>(2)</enum><text>the certification made with respect to such worker under subsection (c)(1) is revoked under
subsection (c)(2),</text></paragraph><continuation-text continuation-text-level="subsection">no readjustment allowance may be paid to the adversely affected worker under this part for the week
in which such failure, cessation, or revocation occurred, or any
succeeding week, until the adversely affected worker begins or resumes
participation in a training program approved under section 222.</continuation-text></subsection><subsection id="HABEABD025C594368868BF7B62DADC2AE"><enum>(c)</enum><header>Waivers of training requirements</header>
<paragraph id="H2919F1BEC8AC447990B1A57E4F53EC94"><enum>(1)</enum><header>Issuance of waivers</header><text display-inline="yes-display-inline">The Commission may issue a written statement to an adversely affected worker waiving the
requirement to be enrolled in training described in subsection (a)(5)(A)
if the Commission determines that it is not feasible or appropriate for
the worker, because of 1 or more of the following reasons:</text>
<subparagraph id="H917EE207B4A74E79B0F1BEF376418470"><enum>(A)</enum><header>Health</header><text>The worker is unable to participate in training due to the health of the worker, except that a
waiver under this subparagraph shall not be construed to exempt a worker
from requirements relating to the availability for work, active search for
work, or refusal to accept work under Federal or State unemployment
compensation laws.</text>
</subparagraph><subparagraph id="H6601310DC00A46BAB9A639C567F448DE"><enum>(B)</enum><header>Enrollment unavailable</header><text>The first available enrollment date for the approved training of the worker is within 60 days after
the date of the determination made under this paragraph, or, if later,
there are extenuating circumstances for the delay in enrollment, as
determined pursuant to guidelines issued by the Commission.</text>
</subparagraph><subparagraph id="HF648B36951CA4112BA0C805ADF27803D"><enum>(C)</enum><header>Training not available</header><text>Training approved by the Commission is not reasonably available to the worker from either
governmental agencies or private sources (which may include area career
and technical education schools, as defined in section 3 of the Carl D.
Perkins Career and Technical Education Act of 2006 (<external-xref legal-doc="usc" parsable-cite="usc/20/2302">20 U.S.C. 2302</external-xref>), and
employers), no training that is suitable for the worker is available at a
reasonable cost, or no training funds are available.</text>
</subparagraph><subparagraph id="HA1C175369B13492F9C004B64CEB439EC"><enum>(D)</enum><header>Nearing retirement</header><text display-inline="yes-display-inline">The worker is within 3 years of the age of retirement.</text>
</subparagraph></paragraph><paragraph id="H6C1C45074AE6447481B5FD2FDB9D0DDE"><enum>(2)</enum><header>Duration of waivers</header>
<subparagraph id="HFD88066150534FB0AD89320A8FB50F43"><enum>(A)</enum><header>In general</header><text>Except as provided in paragraph (3)(B), a waiver issued under paragraph (1) shall be effective for
not more than 6 months after the date on which the waiver is issued,
unless the Commission determines otherwise.</text>
</subparagraph><subparagraph id="HC7F7053CEA8C437D8FA2131CD94CECE8"><enum>(B)</enum><header>Revocation</header><text>The Commission shall revoke a waiver issued under paragraph (1) if the Commission determines that
the basis of a waiver is no longer applicable to the worker and shall
notify the worker in writing of the revocation.</text>
</subparagraph></paragraph></subsection></section><section id="H9FF6847B64C2434EB8006F8B04BDDE0C"><enum>202.</enum><header>Weekly amounts</header>
<subsection id="H48DFA011AD9549169F79C37729D3F8C7"><enum>(a)</enum><header>In general</header><text display-inline="yes-display-inline">Subject to subsections (b), (c), and (d), the readjustment allowance payable to an adversely
affected worker for a week of unemployment shall be an amount equal to the
most recent weekly benefit amount of the unemployment insurance payable to
the worker for a week of total unemployment preceding the worker’s first
exhaustion of unemployment insurance (as determined for purposes of
section 201(a)(3)(B)) reduced (but not below zero) by—</text>
<paragraph id="H0E494C3828F047A1B7DEAF2193F2956B"><enum>(1)</enum><text>any training allowance deductible under subsection (c); and</text>
</paragraph><paragraph id="H292C4018F91B4982A42EDD505BDD56D1"><enum>(2)</enum><text>income that is deductible from unemployment insurance under the disqualifying income provisions of
the applicable State law or Federal unemployment insurance law, except
that in the case of an adversely affected worker who is participating in
training under this Act, such income shall not include earnings from work
for such week that are equal to or less than the most recent weekly
benefit amount of the unemployment insurance payable to the worker for a
week of total unemployment preceding the worker's first exhaustion of
unemployment insurance (as determined for purposes of section
201(a)(3)(B)).</text>
</paragraph></subsection><subsection id="HA048D24493F44564A0058204F6DDF95F"><enum>(b)</enum><header>Greater of Transition Adjustment allowance or other job training allowance</header><text>Any adversely affected worker who is entitled to readjustment allowances and who is undergoing
training approved by the Commission, shall receive for each week in which
he or she is undergoing any such training, a readjustment allowance in an
amount (computed for such week) equal to the amount computed under
subsection (a) or (if greater) the amount of any weekly allowance for such
training to which he would be entitled under any other Federal law for the
training of workers, if he applied for such allowance. Such readjustment
allowance shall be paid in lieu of any training allowance to which the
worker would be entitled under such other Federal law.</text>
</subsection><subsection id="HC541999FCDDF43C3BE273E5A770B2B74"><enum>(c)</enum><header>No double-Dipping</header><text>If a training allowance under any Federal law other than this Act, is paid to an adversely affected
worker for any week of unemployment with respect to which he would be
entitled (determined without regard to any disqualification under section
201(b)) to a readjustment allowance if he applied for such allowance, each
such week shall be deducted from the total number of weeks of readjustment
allowance otherwise payable to him or her under this section when he
applies for a readjustment allowance and is determined to be entitled to
such allowance. If such training allowance paid to such worker for any
week of unemployment is less than the amount of the readjustment allowance
to which he would be entitled if he applied for such allowance, he shall
receive, when he applies for a readjustment allowance and is determined to
be entitled to such allowance, a readjustment allowance for such week
equal to such difference.</text>
</subsection><subsection id="H22C323B4167D4C0EB1AAEED9BCD6AF1B"><enum>(d)</enum><header>Election of Transition Adjustment Allowance or Unemployment Insurance</header><text>Notwithstanding section 201(a)(3)(B), an adversely affected worker may elect to receive a
readjustment allowance instead of unemployment insurance during any week
with respect to which the worker—</text>
<paragraph id="H1901546F475E4607BD103D7F8B305730"><enum>(1)</enum><text>is entitled to receive unemployment insurance as a result of the establishment by the worker of a
new benefit year under State law, based in whole or in part upon part-time
or short-term employment in which the worker engaged after the worker's
most recent total separation from adversely affected employment; and</text>
</paragraph><paragraph id="HBDBB5282685647A5B9D383F4661E7E16"><enum>(2)</enum><text>is otherwise entitled to a readjustment allowance.</text>
</paragraph></subsection><subsection id="H535561EB78894D11A52AD1460192ADA9"><enum>(e)</enum><header>Maximum allowance</header><text>The maximum amount of readjustment allowances payable with respect to the period covered by any
certification to an adversely affected worker shall be the amount which is
the product of 52 multiplied by the readjustment allowance payable to the
worker for a week of total unemployment (as determined under subsection
(a)), but such product shall be reduced by the total sum of the
unemployment insurance to which the worker was entitled (or would have
been entitled if he had applied therefor) in the worker's first benefit
period described in section 201(a)(3)(A).</text>
</subsection></section></subtitle><subtitle id="H0DF71C6F32B74EF8A01091C579B447C9"><enum>B</enum><header>Training, Other Employment Services, and Allowances</header>
<section id="H1892241494EF4F5BA333CCC349283E4E"><enum>221.</enum><header>Employment and case management services</header><text display-inline="no-display-inline">The Commission shall make available, directly or through agreements with States under section 302,
to adversely affected workers and adversely affected incumbent workers
covered by a certification under title I of this Act the following
employment and case management services:</text>
<paragraph id="H14F53DF1415141E7AFE993E13C79BEBA"><enum>(1)</enum><text>Comprehensive and specialized assessment of skill levels and service needs, including through—</text>
<subparagraph id="H544EFF2896C044C5A1A70ECC0C0F5AA1"><enum>(A)</enum><text>diagnostic testing and use of other assessment tools; and</text>
</subparagraph><subparagraph id="H9638C757EBC240BAAE13E3004FB13E93"><enum>(B)</enum><text>in-depth interviewing and evaluation to identify employment barriers and appropriate employment
goals.</text>
</subparagraph></paragraph><paragraph id="H4CB3C0CE1C894C17A7BB554114DFE1CD"><enum>(2)</enum><text>Development of an individual employment plan to identify employment goals and objectives, and
appropriate training to achieve those goals and objectives.</text>
</paragraph><paragraph id="H2C675ABE18BD42A1AA63850CAF42C980"><enum>(3)</enum><text>Information on training available in local and regional areas, information on individual counseling
to determine which training is suitable training, and information on how
to apply for such training.</text>
</paragraph><paragraph id="H5BB379F0A04641518CE27070BB4EF100"><enum>(4)</enum><text>Information on how to apply for financial aid, including referring workers to educational
opportunity centers described in section 402F of the Higher Education Act
of 1965 (<external-xref legal-doc="usc" parsable-cite="usc/20/1070a-16">20 U.S.C. 1070a–16</external-xref>), where applicable, and notifying workers that
the workers may request financial aid administrators at institutions of
higher education (as defined in section 102 of such Act (<external-xref legal-doc="usc" parsable-cite="usc/20/1002">20 U.S.C. 1002</external-xref>))
to use the administrators' discretion under section 479A of such Act (20
U.S.C. 1087tt) to use current year income data, rather than preceding year
income data, for determining the amount of need of the workers for Federal
financial assistance under title IV of such Act (<external-xref legal-doc="usc" parsable-cite="usc/20/1070">20 U.S.C. 1070 et seq.</external-xref>).</text>
</paragraph><paragraph id="H2AB6D93D8D884445904C106B77B7766C"><enum>(5)</enum><text>Short-term prevocational services, including development of learning skills, communications skills,
interviewing skills, punctuality, personal maintenance skills, and
professional conduct to prepare individuals for employment or training.</text>
</paragraph><paragraph id="H62AB559380494FC7BE8BCD037F88C84A"><enum>(6)</enum><text>Individual career counseling, including job search and placement counseling, during the period in
which the individual is receiving a adjustment allowance or training under
this Act, and after receiving such training for purposes of job placement.</text>
</paragraph><paragraph id="HD8AF9E0DBDD7459BBF7014A6DAED57BB"><enum>(7)</enum><text>Provision of employment statistics information, including the provision of accurate information
relating to local, regional, and national labor market areas, including—</text>
<subparagraph id="HD978AB7865A94E1DBA37F24F309EA847"><enum>(A)</enum><text>job vacancy listings in such labor market areas;</text>
</subparagraph><subparagraph id="H7CF96D55665045C1849D472E9C2C91C3"><enum>(B)</enum><text>information on jobs skills necessary to obtain jobs identified in job vacancy listings described in
subparagraph (A);</text>
</subparagraph><subparagraph id="H2F2E93A4DD24400F9745D944198F2EFA"><enum>(C)</enum><text>information relating to local occupations that are in demand and earnings potential of such
occupations; and</text>
</subparagraph><subparagraph id="HF10C77BF67EA46F7A9B6795DC1687EE3"><enum>(D)</enum><text>skills requirements for local occupations described in subparagraph (C).</text>
</subparagraph></paragraph><paragraph id="H7D237ECD602C4A42955CE06968D27BFC"><enum>(8)</enum><text>Information relating to the availability of supportive services, including services relating to
child care, transportation, dependent care, housing assistance, and
need-related payments that are necessary to enable an individual to
participate in training.</text>
</paragraph></section><section id="H20D5531654074B6583EE716B4AEACB12"><enum>222.</enum><header>Training</header>
<subsection id="H0CF90EACC7554615BF69CEC09D75E144"><enum>(a)</enum><header>Approval for training</header>
<paragraph id="HE1BF3DF88EDA4A76AE55AEA87A86BDA9"><enum>(1)</enum><header>Approval</header><text>If the Commission determines, with respect to an adversely affected worker or an adversely affected
incumbent worker, that—</text>
<subparagraph id="HBC3ECF0631914AA1BD22F537A5E6623A"><enum>(A)</enum><text>there is no suitable employment (which may include technical and professional employment) available
for an adversely affected worker,</text>
</subparagraph><subparagraph id="H5350262154C94986868AC58029F6B82A"><enum>(B)</enum><text>the worker would benefit from appropriate training,</text>
</subparagraph><subparagraph id="H4E58A2B665F74183832FDA04352D76D6"><enum>(C)</enum><text>there is a reasonable expectation of employment following completion of such training,</text>
</subparagraph><subparagraph id="HD231AA1CE8DA4B5AB25B99771F3DB46F"><enum>(D)</enum><text>training approved by the Commission is reasonably available to the worker from either governmental
agencies or private sources (which may include area career and technical
education schools, as defined in section 3 of the Carl D. Perkins Career
and Technical Education Act of 2006, and employers),</text>
</subparagraph><subparagraph id="HF41C20F68E7B465DB3AE83F61280CD66"><enum>(E)</enum><text>the worker is qualified to undertake and complete such training, and</text>
</subparagraph><subparagraph id="H720D4597783E4233AD517AB810AEAD71"><enum>(F)</enum><text>such training is suitable for the worker and available at a reasonable cost,</text></subparagraph><continuation-text continuation-text-level="paragraph">the Commission shall approve such training for the worker. Upon such approval, the worker shall be
entitled to have payment of the costs of such training (subject to the
limitations imposed by this section) paid on the worker's behalf by the
Commission directly or through a voucher system. Insofar as possible, the
Secretary shall provide or assure the provision of such training on the
job, which shall include related education necessary for the acquisition
of skills needed for a position within a particular occupation.</continuation-text></paragraph><paragraph commented="no" id="H71A362CA3B0642C2B94E5BB5A232F859"><enum>(2)</enum><header>Funding and limitation on total distribution of funds</header>
<subparagraph commented="no" display-inline="yes-display-inline" id="HAF4B7DED489747D0B77396655BB3BF78"><enum>(A)</enum>
<text>The total amount of payments that may be made under paragraph (1) for any fiscal year shall not
exceed $250,000,000.</text>
</subparagraph><subparagraph commented="no" id="H34F006BB6847424B94352353622E34C7" indent="up1">
<enum>(B)</enum>
<text>If, during any fiscal year, the Secretary estimates that the amount of funds necessary to pay the
costs of training approved under this section will exceed the amount of
the limitation imposed under subparagraph (A), the Secretary shall decide
how the portion of such limitation that has not been expended at the time
of such estimate is to be apportioned among the States for the remainder
of such fiscal year.</text>
</subparagraph></paragraph><paragraph id="H10B9C58EE61B4BC99F6616529FD00AA7"><enum>(3)</enum><header>Reasonable expectation of employment</header><text>For purposes of applying paragraph (1)(C), a reasonable expectation of employment does not require
that employment opportunities for a worker be available, or offered,
immediately upon the completion of training approved under paragraph (1).</text>
</paragraph><paragraph id="H19D5BE388F0143D7AEC912B90CDF381B"><enum>(4)</enum><header>No double-dipping</header><text>If the costs of training an adversely affected worker or an adversely affected incumbent worker are
paid by the Commission under paragraph (1), no other payment for such
costs may be made under any other provision of Federal law. No payment may
be made under paragraph (1) of the costs of training an adversely affected
worker or an adversely affected incumbent worker if such costs—</text>
<subparagraph id="H8C2BD7C3322E49D1A7A9BC931615D480"><enum>(A)</enum><text>have already been paid under any other provision of Federal law, or</text>
</subparagraph><subparagraph id="H959C19E8EFAD40468E043DB4C1AB6E38"><enum>(B)</enum><text>are reimbursable under any other provision of Federal law and a portion of such costs have already
been paid under such other provision of Federal law.</text>
</subparagraph></paragraph></subsection><subsection id="HA5D3C12FDA7C4DEDB4465C5EC7C4E7C1"><enum>(b)</enum><header>Qualifying training programs</header>
<paragraph id="H5502F817BC044981BD78B0E42ECA66BD"><enum>(1)</enum><header>In general</header><text>The training programs that may be approved under subsection (a)(1) include—</text>
<subparagraph id="H3B80E8C3F9E24CD7B6DE11E033F5F21C"><enum>(A)</enum><text>employer-based training, including—</text>
<clause id="H7A29E1F784914E19A8B30C72C7BE88F2"><enum>(i)</enum><text>on-the-job training,</text>
</clause><clause id="H2A0B85AFFEE642079D24DE9F7B8D9E4E"><enum>(ii)</enum><text>customized training, and</text>
</clause><clause commented="no" id="H03C3E6AF40E442C4B544AEA3133C7A6F"><enum>(iii)</enum><text>apprenticeship programs,</text>
</clause></subparagraph><subparagraph id="H98CD0503C7464E57A8D19F09F508D632"><enum>(B)</enum><text>any training program provided by a State pursuant to title I of the Workforce Investment Act of
1998,</text>
</subparagraph><subparagraph id="H5F716AC6FEE84E668C98DDAEA1B4FFD1"><enum>(C)</enum><text>any training program approved by a private industry council established under section 102 of such
Act,</text>
</subparagraph><subparagraph id="H0666A9BB9ED448669ABCB13153A93D95"><enum>(D)</enum><text>any program of remedial education,</text>
</subparagraph><subparagraph id="H289F60F8B37E40D8B949DFDF7649E3BF"><enum>(E)</enum><text>any program of prerequisite education or coursework required to enroll in training that may be
approved under this section,</text>
</subparagraph><subparagraph id="H5DF72BD7E8B041859DE664FB2D9B1115"><enum>(F)</enum><text>any training program for which all, or any portion, of the costs of training the worker are paid—</text>
<clause id="H8561416281534880BFEF026D1D97A209"><enum>(i)</enum><text>under any Federal or State program other than this Act, or</text>
</clause><clause id="HCBF1641D4070429B8D96D1509FD85A4B"><enum>(ii)</enum><text>from any source other than this section,</text>
</clause></subparagraph><subparagraph id="H4C254BF3E17C44859B7E5469860A86C2"><enum>(G)</enum><text>any other training program approved by the Commission, and</text>
</subparagraph><subparagraph id="HCFF6BD628EB64E659CFF668CCC707D3E"><enum>(H)</enum><text>any training program or coursework at an accredited institution of higher education (described in
section 102 of the Higher Education Act of 1965 (<external-xref legal-doc="usc" parsable-cite="usc/20/1002">20 U.S.C. 1002</external-xref>)),
including a training program or coursework for the purpose of—</text>
<clause id="H2CB4B4FA3D3A4E5A86E92A7DD302DDBC"><enum>(i)</enum><text>obtaining a degree or certification, or</text>
</clause><clause id="HB59EFFE0B9464EB39B9856E53F2C8C74"><enum>(ii)</enum><text>completing a degree or certification that the worker had previously begun at an accredited
institution of higher education.</text>
</clause></subparagraph></paragraph><paragraph id="HB782164DC3AA48ABA06E0645AFE57924"><enum>(2)</enum><header>Limitation</header><text>The Commission may not limit approval of a training program under paragraph (1) to a program
provided pursuant to title I of the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.). The Commission is not required under paragraph (1)
to pay the costs of any training approved under paragraph (1) to the
extent that such costs are paid—</text>
<subparagraph id="H085751791FB74C638BF1A8083432CA6E"><enum>(A)</enum><text>under any Federal or State program other than this Act, or</text>
</subparagraph><subparagraph id="HD6F98547124D4AAFB0039A64D2386256"><enum>(B)</enum><text>from any source other than this section.</text>
</subparagraph></paragraph><paragraph id="H58878AB5AA9B482A941835B3182B3AB2"><enum>(3)</enum><header>Reasons for not approving training programs</header><text>The Commission shall not approve a training program if—</text>
<subparagraph id="H2BD096B3BBE84A51ABCE3215A6D1950B"><enum>(A)</enum><text>all or a portion of the costs of such training program are paid under any nongovernmental plan or
program,</text>
</subparagraph><subparagraph id="HC23756EDA9984F7589710CFB4DA4031C"><enum>(B)</enum><text>the adversely affected worker or adversely affected incumbent worker has a right to obtain training
or funds for training under such plan or program, and</text>
</subparagraph><subparagraph id="HDA52805FBBA6478484466CBC98D2CEA9"><enum>(C)</enum><text>such plan or program requires the worker to reimburse the plan or program from funds provided under
this Act, or from wages paid under such training program, for any portion
of the costs of such training program paid under the plan or program.</text>
</subparagraph></paragraph></subsection><subsection id="H3639DF9E707C439088AFFACDD99D8DC4"><enum>(c)</enum><header>Supplemental assistance</header><text>The Commission may, where appropriate, authorize supplemental assistance necessary to defray
reasonable transportation and subsistence expenses for separate
maintenance when training is provided in facilities which are not within
commuting distance of a worker's regular place of residence. The
Commission may not authorize—</text>
<paragraph id="H334821C25B084F6CB95AA2CFF79EBBE6"><enum>(1)</enum><text>payments for subsistence that exceed whichever is the lesser of (A) the actual per diem expenses
for subsistence, or (B) payments at 50 percent of the prevailing per diem
allowance rate authorized under the Federal travel regulations, or</text>
</paragraph><paragraph id="HF4585FAD5E35462188B22EF6BC6AD446"><enum>(2)</enum><text>payments for travel expenses exceeding the prevailing mileage rate authorized under the Federal
travel regulations.</text>
</paragraph></subsection><subsection id="HB68AD4C081104518886A1FF3E96DB5DC"><enum>(d)</enum><header>On-the-Job Training Requirements</header>
<paragraph id="H63C70A60F5084D6E88CBB8DC7C708CCF"><enum>(1)</enum><header>In general</header><text>The Commission may approve on-the-job training for any adversely affected worker if—(A) the
worker meets the requirements for training to be approved under subsection
(a)(1); (B) the Commission determines that on-the-job training—(i) can
reasonably be expected to lead to suitable employment with the employer
offering the on-the-job training; (ii) is compatible with the skills of
the worker; (iii) includes a curriculum through which the worker will gain
the knowledge or skills to become proficient in the job for which the
worker is being trained; and (iv) can be measured by benchmarks that
indicate that the worker is gaining such knowledge or skills; and (C) the
State determines that the on-the-job training program meets the
requirements of clauses (iii) and (iv) of subparagraph (B).</text>
</paragraph><paragraph id="H811580FB4E6B46278573B02CF899BA01"><enum>(2)</enum><header>Monthly payments</header><text>The Commission shall pay the costs of on-the-job training approved under paragraph (1) in monthly
installments.</text>
</paragraph><paragraph id="H4B53A5CBDB594BC8B70F810A40CF46C2"><enum>(3)</enum><header>Contracts for on-the-job training</header><text>The Commission shall ensure, in entering into a contract with an employer to provide on-the-job
training to a worker under this subsection, that the skill requirements of
the job for which the worker is being trained, the academic and
occupational skill level of the worker, and the work experience of the
worker are taken into consideration. Training under any such contract
shall be limited to the period of time required for the worker receiving
on-the-job training to become proficient in the job for which the worker
is being trained, but may not exceed 104 weeks in any case.</text>
</paragraph><paragraph id="H720C3952E7AC46DB990F677471314C10"><enum>(4)</enum><header>Exclusion of certain employers</header><text>The Commission shall not enter into a contract for on-the-job training with an employer that
exhibits a pattern of failing to provide workers receiving on-the-job
training from the employer with—</text>
<subparagraph id="H3B231399C34644DA9585E95313DA759D"><enum>(A)</enum><text>continued, long-term employment as regular employees; and</text>
</subparagraph><subparagraph id="H43FDBBE8E1654809808A5AFEC3FA581C"><enum>(B)</enum><text>wages, benefits, and working conditions that are equivalent to the wages, benefits, and working
conditions provided to regular employees who have worked a similar period
of time and are doing the same type of work as workers receiving
on-the-job training from the employer.</text>
</subparagraph></paragraph><paragraph id="HD648DF3712A848439F82A6E9DB591C28"><enum>(5)</enum><header>Labor standards</header><text>The Commission may pay the costs of on-the-job training, notwithstanding any other provision of
this section, only if—</text>
<subparagraph id="HEF113838C4614D1692F4B319844A3D4D"><enum>(A)</enum><text>no currently employed worker is displaced by such adversely affected worker (including partial
displacement such as a reduction in the hours of non-overtime work, wages,
or employment benefits),</text>
</subparagraph><subparagraph id="H56CA2FB7D10A4EFE9434D8002CE8AFF0"><enum>(B)</enum><text>such training does not impair existing contracts for services or collective bargaining agreements,</text>
</subparagraph><subparagraph id="H41D67881CB6A4DB58B776806D0C42783"><enum>(C)</enum><text>in the case of training which would be inconsistent with the terms of a collective bargaining
agreement, the written concurrence of the labor organization concerned has
been obtained,</text>
</subparagraph><subparagraph id="H4F2DE4AD20664CF7BEADB899905AF413"><enum>(D)</enum><text>no other individual is on layoff from the same, or any substantially equivalent, job for which such
adversely affected worker is being trained,</text>
</subparagraph><subparagraph id="H322139C7CEFD409DAD6DFBA3A57359F1"><enum>(E)</enum><text>the employer has not terminated the employment of any regular employee or otherwise reduced the
workforce of the employer with the intention of filling the vacancy so
created by hiring such adversely affected worker,</text>
</subparagraph><subparagraph id="H8FE26B301568443CB43DA5FE875CC80D"><enum>(F)</enum><text>the job for which such adversely affected worker is being trained is not being created in a
promotional line that will infringe in any way upon the promotional
opportunities of currently employed individuals,</text>
</subparagraph><subparagraph id="HB58C661C6C2A49308F31491CC75CC588"><enum>(G)</enum><text>such training is not for the same occupation from which the worker was separated and with respect
to which such worker's group was certified pursuant to section 103,</text>
</subparagraph><subparagraph id="H5155FEABBCB84B50B0E5C285B08E38DE"><enum>(H)</enum><text>the employer is provided reimbursement of not more than 50 percent of the wage rate of the
participant, for the cost of providing the training and additional
supervision related to the training,</text>
</subparagraph><subparagraph id="HC0F9AD48796F41C983B0E8A057B1A01F"><enum>(I)</enum><text>the employer has not received payment under subsection (a)(1) with respect to any other on-the-job
training provided by such employer which failed to meet the requirements
of subparagraphs (A), (B), (C), (D), (E), and (F), and</text>
</subparagraph><subparagraph id="H88255E44C1274220BB9BF2D0D68224E5"><enum>(J)</enum><text>the employer has not taken, at any time, any action which violated the terms of any certification
described in subparagraph (H) made by such employer with respect to any
other on-the-job training provided by such employer for which the
Commission has made a payment under subsection (a)(1).</text>
</subparagraph></paragraph></subsection><subsection id="H1D92228787A44EDBBBC76A10099238FD"><enum>(e)</enum><header>Eligibility</header><text>An adversely affected worker may not be determined to be ineligible or disqualified for
unemployment insurance or program benefits under this subtitle—</text>
<paragraph id="HDC6C2472E6DA45CA883C4019CAC80F6F"><enum>(1)</enum><text>because the worker—</text>
<subparagraph id="H319F4DA072F5492BA107D4A28056035C"><enum>(A)</enum><text>is enrolled in training approved under subsection (a);</text>
</subparagraph><subparagraph id="HF5279EE1C93E4C20A0FC48E9D123AE98"><enum>(B)</enum><text>left work—</text>
<clause id="H05F46B8400DD4A95A7C0ECE2B87B4311"><enum>(i)</enum><text>that was not suitable employment in order to enroll in such training; or</text>
</clause><clause id="HAA99586A05544373A4A39F53D4362CEB"><enum>(ii)</enum><text>that the worker engaged in on a temporary basis during a break in such training or a delay in the
commencement of such training; or</text>
</clause><clause id="H19E5B22C1AD1475C914D7693701A85AF"><enum>(iii)</enum><text>left on-the-job training not later than 30 days after commencing such training because the training
did not meet the requirements of subsection (c)(1)(B); or</text>
</clause></subparagraph></paragraph><paragraph id="H8A6A7B9467884FB9B80E9E7D9F5AB9D6"><enum>(2)</enum><text>because of the application to any such week in training of the provisions of State law or Federal
unemployment insurance law relating to availability for work, active
search for work, or refusal to accept work.</text>
</paragraph></subsection><subsection id="HCE8951D4BDCB4C6B878A4B5BFC51343C"><enum>(f)</enum><header>Definitions</header><text>For purposes of this section—</text>
<paragraph id="H1F62F3D3069344E6ACE2BD07CB27671E"><enum>(1)</enum><text>the term <term>suitable employment</term> means, with respect to a worker, work of a substantially equal or higher skill level than the
worker's past adversely affected employment, and wages for such work at
not less than 80 percent of the worker's average weekly wage; and</text>
</paragraph><paragraph id="HF8E1853A249D413CA26E29CDB28B061E"><enum>(2)</enum><text>the term <term>customized training</term> means training that is—</text>
<subparagraph id="HE6A9263F174E41E5BBA1B73E4372754E"><enum>(A)</enum><text>designed to meet the special requirements of an employer or group of employers;</text>
</subparagraph><subparagraph id="H9550D63613F9445D9F58C17F284E9975"><enum>(B)</enum><text>conducted with a commitment by the employer or group of employers to employ an individual upon
successful completion of the training; and</text>
</subparagraph><subparagraph id="H4E816DBB72FA4B75B867D6D85F1E8E18"><enum>(C)</enum><text>for which the employer pays for a significant portion (but in no case less than 50 percent) of the
cost of such training, as determined by the Commission.</text>
</subparagraph></paragraph></subsection></section><section id="HE1B85A82FC2A47888505391423EBB96A"><enum>223.</enum><header>Job search allowances</header>
<subsection id="H5790013B0E5B49599ACD29133634FF42"><enum>(a)</enum><header>Job Search Allowance Authorized</header>
<paragraph id="H709E92EBEDF74ADF89113F747B1E0572"><enum>(1)</enum><header>In general</header><text>Each State may use funds made available to the State to carry out sections 221 through 224 to allow
an adversely affected worker covered by a certification issued under
section 103 to file an application with the Commission for payment of a
job search allowance.</text>
</paragraph><paragraph id="H5D87861BB57A4A40A347AF32A5BA6669"><enum>(2)</enum><header>Approval of applications</header><text>The Commission may grant an allowance pursuant to an application filed under paragraph (1) when all
of the following apply:</text>
<subparagraph id="H66B8C197660D468BAB20A4DA1ED74C28"><enum>(A)</enum><text>The allowance is paid to assist an adversely affected worker who has been totally separated in
securing a job within the United States.</text>
</subparagraph><subparagraph id="HF4D95CC7D82442B887B6FE20EA566C38"><enum>(B)</enum><text>The Commission determines that the worker cannot reasonably be expected to secure suitable
employment in the commuting area in which the worker resides.</text>
</subparagraph><subparagraph id="H8A9894CF258D445E85B0AB6FA30288C7"><enum>(C)</enum><text>The worker has filed an application for the allowance with the Commission at such time and
containing such information as the Commission may determine.</text>
</subparagraph></paragraph></subsection><subsection id="HF207DAF2BE6D4708AA4984CB0418AD87"><enum>(b)</enum><header>Amount of Allowance</header>
<paragraph id="HA279916C43A4493A8AAB8E4234565C26"><enum>(1)</enum><header>In general</header><text>Any allowance granted under subsection (a) shall provide reimbursement to the worker of not more
than 90 percent of the necessary job search expenses of the worker as
prescribed by the Commission in regulations.</text>
</paragraph><paragraph id="H7FAECE4F7F514857995D47D8FF3E0FCB"><enum>(2)</enum><header>Maximum allowance</header><text>Reimbursement under this subsection may not exceed $1,250 for any worker.</text>
</paragraph><paragraph id="H736EF81FC4784391889F06C775F9DC33"><enum>(3)</enum><header>Exception</header><text>Notwithstanding subsection (b), a State may reimburse any adversely affected worker for necessary
expenses incurred by the worker in participating in a job search program
approved by the Commission.</text>
</paragraph></subsection></section><section id="H2CF1ED80DDD04570B513FD20EAFED9EB"><enum>224.</enum><header>Relocation allowances</header>
<subsection id="HE3E0A015AA814C5F872E7E8193FFE58B"><enum>(a)</enum><header>Relocation Allowance Authorized</header>
<paragraph id="HDCAE919EBF074AE69638D6021A94AADD"><enum>(1)</enum><header>In general</header><text>Each State may use funds made available to the State to carry out sections 221 through 224 to allow
an adversely affected worker covered by a certification issued under
section 103 to file an application for a relocation allowance with the
Commission, and the Commission may grant the relocation allowance, subject
to the terms and conditions of this section.</text>
</paragraph><paragraph id="H9C409ABC1C1F4A9386C83A516851FFB0"><enum>(2)</enum><header>Conditions for granting allowance</header><text>A relocation allowance may be granted if all of the following terms and conditions are met:</text>
<subparagraph id="HE521B1844707405380AB954CD7EFC9EB"><enum>(A)</enum><text>The relocation allowance will assist an adversely affected worker in relocating within the United
States.</text>
</subparagraph><subparagraph id="HE576457E26A747E294F82EA5C6538C9A"><enum>(B)</enum><text>The Commission determines that the worker cannot reasonably be expected to secure suitable
employment in the commuting area in which the worker resides.</text>
</subparagraph><subparagraph id="H235292AF710C42B1BF8ACA03B237338D"><enum>(C)</enum><text>The worker is totally separated from employment at the time relocation commences.</text>
</subparagraph><subparagraph id="H66B5C0A3F6C94B2EBB5EB43D3B4A32E7"><enum>(D)</enum><text>The worker—</text>
<clause id="H4F7382CE12B4407B8CBB2009C985EBAC"><enum>(i)</enum><text>has obtained suitable employment affording a reasonable expectation of long-term duration in the
area in which the worker wishes to relocate; or</text>
</clause><clause id="HA40B5B56D0D34DE787437F0FB21A18B6"><enum>(ii)</enum><text>has obtained a bona fide offer of such employment.</text>
</clause></subparagraph><subparagraph id="HE9D2B4F8825A4EF68F657333B5E03BF1"><enum>(E)</enum><text>The worker filed an application with the Commission before—</text>
<clause id="HEBAC7EAB2870420EB5FE4408378D6C12"><enum>(i)</enum><text>the later of—</text>
<subclause id="H42F68CDC2E1F4D4A81C8689F53FD54F6"><enum>(I)</enum><text>the 425th day after the date of the certification under title I of this Act; or</text>
</subclause><subclause id="H4FB0BAE3CA4B472EBF0E8E7985EF5C43"><enum>(II)</enum><text>the 425th day after the date of the worker's last total separation; or</text>
</subclause></clause><clause id="HEC0B0316904544A19B4BA8DF155F684B"><enum>(ii)</enum><text>the date that is the 182d day after the date on which the worker concluded training.</text>
</clause></subparagraph></paragraph></subsection><subsection id="H77C3A963AA894D22915F40032757F493"><enum>(b)</enum><header>Amount of allowance</header><text>Any relocation allowance granted to a worker under subsection (a) shall include—</text>
<paragraph id="H5173EB575ED74C5FA8A4DBBFEBFBB427"><enum>(1)</enum><text>not more than 90 percent of the reasonable and necessary expenses (including, but not limited to,
subsistence and transportation expenses at levels not exceeding those
allowable under section 222(b) (1) and (2) specified in regulations
prescribed by the Commission) incurred in transporting the worker, the
worker's family, and household effects; and</text>
</paragraph><paragraph id="H482362745A284C2B8169EC3D6F51D653"><enum>(2)</enum><text>a lump sum equivalent to 3 times the worker's average weekly wage, up to a maximum payment of
$1,250.</text>
</paragraph></subsection><subsection id="H0E0B03B03A354FD6AE4124909F305D82"><enum>(c)</enum><header>Limitations</header><text>A relocation allowance may not be granted to a worker unless—</text>
<paragraph id="H587194C357F34B119CBEE66E4DB57388"><enum>(1)</enum><text>the relocation occurs within 182 days after the filing of the application for relocation
assistance; or</text>
</paragraph><paragraph id="HAE083F96C47840A9B03E3BC0990AD2ED"><enum>(2)</enum><text>the relocation occurs within 182 days after the conclusion of training, if the worker entered a
training program approved by the Commission under section 222(b) (1) and
(2).</text>
</paragraph></subsection></section></subtitle><enum>III</enum><header>General Provisions</header>
<section id="H2A4B61B14C1B425196B48601461AF6A8"><enum>301.</enum><header>Establishment of Commission</header>
<subsection id="H804DDCB609F341DB82BFCFF685872C75"><enum>(a)</enum><header>Establishment</header><text display-inline="yes-display-inline">There is established the Critical Employment Advisory Commission to administer and carry out all of
the functions assigned to the Commission under this Act.</text>
</subsection><subsection id="HC6A6C17344FC46E6A44D0CEF562B5268"><enum>(b)</enum><header>Membership and appointment</header>
<paragraph id="H3A0183EF9D58477F82CB2EA072AD3773"><enum>(1)</enum><header>In general</header><text>The Commission shall be composed of 23 members who, not later than 120 days after the date of
enactment shall be appointed in accordance with the following:</text>
<subparagraph id="H9EB859DB48A04579AE5C0F711B16A469"><enum>(A)</enum><text>Twenty members appointed by the President based on five individuals recommended by each of Majority
and Minority Leaders of the Senate and the Speaker and Minority Leader of
the House of Representatives;</text>
</subparagraph><subparagraph id="H28947DF1A9E94B7191A002A1AD280A64"><enum>(B)</enum><text>The Secretary of Commerce or the Secretary’s designee;</text>
</subparagraph><subparagraph id="H38A0080BCF0D400E8403934B6B6026F6"><enum>(C)</enum><text>The Secretary of Labor or the Secretary’s designee; and</text>
</subparagraph><subparagraph id="H5D15156CC9244074A6E3FB50C7FD3BBE"><enum>(D)</enum><text>The Secretary of the Treasury or the Secretary’s designee.</text>
</subparagraph></paragraph><paragraph id="HC058D6BEA2E24E9AAB2A535C71731B32"><enum>(2)</enum><header>Qualifications</header><text display-inline="yes-display-inline">The members appointed shall be appointed from among United States citizens who are not officers or
employees of any government. To the extent practicable, members shall have
diverse experiences, expertise, and historical perspectives on
manufacturing, industry, agriculture, trade, infrastructure, resources,
development, labor, government and corporate policies, homeland security,
defense, contracting, energy, building and construction, and small
business.</text>
</paragraph></subsection><subsection id="H2FCA7EB92AE14533838C967837CA4BEA"><enum>(c)</enum><header>Terms</header><text display-inline="yes-display-inline">As designated by the President at the time of appointment, 5 of the members first appointed 5 shall
be appointed for a term of 1 year, 5 members for a term of 2 years, 5
members for a term of 3 years, and 5 members for a term of 4 years.</text>
</subsection><subsection id="H8A60A07B4F974232B8B665E9C1C7596F"><enum>(d)</enum><header>Vacancies</header><text display-inline="yes-display-inline">A vacancy in the Commission shall be filled in the manner in which the original appointment was
made. A member appointed to fill a vacancy occurring before the expiration
of the term for which the member’s predecessor was appointed shall be
appointed only for the remainder of that term. A member may serve after
the expiration of that member’s term until a successor has taken office.</text>
</subsection><subsection id="HCB50971A29F34C1DB02E9B1F4C90FA43"><enum>(e)</enum><header>Rates of pay for members</header><text display-inline="yes-display-inline">Members shall each be paid at a rate not to exceed level GS–15 of the General Schedule.</text>
</subsection><subsection id="H8E273D6B1A854E12B040EC1CB41A3CD8"><enum>(f)</enum><header>Director</header><text display-inline="yes-display-inline">The Commission shall have a Director who shall be appointed by the Commission from among
nominations made by the Chairperson. The director shall be paid at a rate
equal to the rate of basic pay for GS–15 of the General Schedule.</text>
</subsection><subsection id="HD19FEA6CE3C543B08E94AE207B106DCF"><enum>(g)</enum><header>Federal employee Detailees</header><text display-inline="yes-display-inline">Upon request of the Director, the head of any Federal department or agency may detail, on a
reimbursable basis, any of the personnel of that department or agency to
the Commission to assist it in carrying out its duties under this section.</text>
</subsection><subsection id="HB19FC87C6AA7430EB3661D56756D127E"><enum>(h)</enum><header>Powers of the Commission</header>
<paragraph id="HF7F7445F0C344B49BF588D0024AA5DFD"><enum>(1)</enum><header>In general</header><text>The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times
and places, take testimony, and receive evidence as the Commission
considers appropriate. The Commission may secure directly from any
department or agency of the United States information necessary to enable
it to carry out this section. Upon request of the Chairperson of the
Commission, the head of that department or agency shall furnish that
information to the Commission.</text>
</paragraph><paragraph id="HF4F249EB17C247759E68322AB83001C6"><enum>(2)</enum><header>Agency information deadlines</header><text>If information is requested of the any of the agencies described in section 102(b)(2)(A)(iii) and
not received within 60 days, the Commission shall deem the certification
as approved. The applicable agency may ask for an additional 30-day
extension to be approved or disapproved by the Committee within 10 days of
the 60-day deadline.</text>
</paragraph><paragraph id="HCAFADB6DB42044FABA68B8425B112017"><enum>(3)</enum><header>Job Impact analyses</header><text>The Commission is authorized to analyze and issue reports assessing the impact of any government
action or of market conditions on jobs in any region of the United States,
including the impact on specific occupations and an assessment of the net
gain or loss of jobs as a result of the government action or of market
conditions. Such an analysis and report may also be requested by a Federal
agency or by a group of workers petitioning for assistance under title I.
Any report issued by the Commission under this paragraph shall be
transmitted to Congress and made available to the public on an Internet
website.</text>
</paragraph><paragraph id="H4D845368FD224448B7BAFB1C93225A4D"><enum>(4)</enum><header>Mails</header><text>The Commission may use the United States mail system in the same manner and under the same
conditions as other departments and agencies of the United States.</text>
</paragraph><paragraph id="H5631F46F39244ED28FEFC481C6DC6DB8"><enum>(5)</enum><header>Administrative support</header><text>Upon request of the Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support services
necessary for the Commission to carry out its responsibilities under this
Act.</text>
</paragraph></subsection><subsection id="H2171D7C0F3464B028604A19EDD0B1CB8"><enum>(i)</enum><header>Review and audit</header><text display-inline="yes-display-inline">The Commission shall be subject to review and audit by the Comptroller General. Not later than 180
days after which all of the members are appointed to the Commission, and
annually thereafter, the Commission shall transmit a report to Congress,
to the President, and to the agencies described in section
102(b)(2)(A)(iii). The report shall contain a detailed statement of the
findings, conclusions of the Commission’s duties.</text>
</subsection></section><section id="H1F2D7DBF4DEB408390DB41C632AE4FCE"><enum>302.</enum><header>Agreements with States</header>
<subsection id="H11C32D1FA7384C45A0925CF838E607F6"><enum>(a)</enum><header>In general</header><text display-inline="yes-display-inline">The Commission is authorized on behalf of the United States to enter into an agreement with any
State, or with any State agency (referred to in this title as <quote>cooperating States</quote> and <quote>cooperating States agencies</quote> respectively). Under such an agreement, the cooperating State agency shall—</text>
<paragraph id="HA665053A781C40C5828FB7EC2ED773B6"><enum>(1)</enum><text>as agent of the United States, receive applications for and provide payments on the basis provided
in this Act,</text>
</paragraph><paragraph id="HBA39F1441F35450B809C910CC9B5FBD9"><enum>(2)</enum><text>in accordance with subsection (f), make available to adversely affected workers covered by a
certification under section 203 the employment and case management
services described in section 221, and</text>
</paragraph><paragraph id="H0034C7B7F39848A09CA36E04474BD4D5"><enum>(3)</enum><text>make any certifications required under section 201(c) (2) and (4) and shall otherwise cooperate
with the
Commission and with other State and Federal agencies in providing payments
and services under this Act.</text>
</paragraph></subsection><subsection id="H20DD1C08820242E892EB472E8A425C56"><enum>(b)</enum><header>terms and conditions</header><text>Each agreement under this subchapter shall provide the terms and conditions upon which the
agreement may be amended, suspended, or terminated.</text>
</subsection><subsection id="H019A0EB39F0C42B485BB616E1A6F750F"><enum>(c)</enum><header>Form and Manner of Data</header><text>Each agreement under this subchapter shall—</text>
<paragraph id="H330A266080324486B4D579CC6B90747C"><enum>(1)</enum><text>provide the Commission with the authority to collect any data the Commission determines necessary
to meet the requirements of this Act; and</text>
</paragraph><paragraph id="H29C7D69F46934C1DA7164B67A9F0EB07"><enum>(2)</enum><text>specify the form and manner in which any such data requested by the Commission shall be reported.</text>
</paragraph></subsection><subsection id="H6C5D9483A6514EEEA05CE3A2818FC4DD"><enum>(d)</enum><header>Review</header><text>A determination by a cooperating State agency with respect to entitlement to program benefits under
an agreement is subject to review in the same manner and to the same
extent as determinations under the applicable State law and only in that
manner and to that extent.</text>
</subsection><subsection id="H7301F379C5164A7EA1E535C9909810DF"><enum>(e)</enum><header>Coordination and administration</header><text>Any agreement entered into under this section shall provide for the coordination of the
administration of the provisions for employment services, training, and
supplemental assistance under sections 221 and 222 of this Act and under
title I of the Workforce Investment Act of 1998 upon such terms and
conditions as are established by the Commission in consultation with the
States and set forth in such agreement. Any agency of the State jointly
administering such provisions under such agreement shall be considered to
be a cooperating State agency for purposes of this Act.</text>
</subsection><subsection id="HF102406DF46742139ED7E075CE0513A5"><enum>(f)</enum><header>Additional responsibilities</header><text>Each cooperating State agency shall, in carrying out subsection (a)(2)—</text>
<paragraph id="HB386CDE6EEFF4265A4EA3A3D6EDBA780"><enum>(1)</enum><text>advise each worker who applies for unemployment insurance of the benefits under this Act and the
procedures and deadlines for applying for such benefits;</text>
</paragraph><paragraph id="H9087716105C94C3A9EDEA910340BF59A"><enum>(2)</enum><text>facilitate the early filing of petitions under section 101 for any workers that the agency
considers are likely to be eligible for benefits under this Act;</text>
</paragraph><paragraph id="H2FCD4328456C45CD86233D3997D4F27D"><enum>(3)</enum><text>advise each adversely affected worker to apply for training under section 222(a) before, or at the
same time, the worker applies for readjustment allowances under subtitle A
of title II;</text>
</paragraph><paragraph id="H9194200E382D449880A5B072D8654EC2"><enum>(4)</enum><text>perform outreach to, intake of, and orientation for adversely affected workers and adversely
affected incumbent workers covered by a certification under title I with
respect to assistance and benefits available under this Act; and</text>
</paragraph><paragraph id="H8A49E55A97B349A791BDD82E208BA969"><enum>(5)</enum><text>make employment and case management services described in section 221 available to adversely
affected workers and adversely affected incumbent workers covered by a
certification under title I and, if funds provided to carry out this title
are insufficient to make such services available, make arrangements to
make such services available through other Federal programs.</text>
</paragraph></subsection><subsection id="HFAD349AF6082450C81CE559A496B947C"><enum>(g)</enum><header>Control Measures</header>
<paragraph id="H43D1585B5F2F47D2858A5159441B2ABF"><enum>(1)</enum><header>In general</header><text>The Commission shall require each cooperating State and cooperating State agency to implement
effective control measures and to effectively oversee the operation and
administration of the adjustment assistance program under this Act,
including by means of monitoring the operation of control measures to
improve the accuracy and timeliness of the data being collected and
reported.</text>
</paragraph><paragraph id="HD8F97511C8474D5EA1187C7A19147F0E"><enum>(2)</enum><header>Definition</header><text>For purposes of paragraph (1), the term control measures means measures that—</text>
<subparagraph id="HF6424EA1269C4F47ABDAC99265D3B586"><enum>(A)</enum><text>are internal to a system used by a State to collect data; and</text>
</subparagraph><subparagraph id="HE0B9A9D95D2C4B8E97782659DEA8C833"><enum>(B)</enum><text>are designed to ensure the accuracy and verifiability of such data.</text>
</subparagraph></paragraph></subsection><subsection id="H0D7FF3DD41064AEE8D9710714620D221"><enum>(h)</enum><header>Data Reporting</header>
<paragraph id="H3B36577D84F0430A878FB51C25C477C1"><enum>(1)</enum><header>In general</header><text>Any agreement entered into under this section shall require the cooperating State or cooperating
State agency to report to the Commission on a quarterly basis
comprehensive performance accountability data, to consist of—</text>
<subparagraph id="H8C0A89D3BCAB412C93AE3FCB9D3BBADF"><enum>(A)</enum><text>the core indicators of performance described in paragraph (2)(A);</text>
</subparagraph><subparagraph id="H922F0C648C6544178EFE185DA77C21BB"><enum>(B)</enum><text>the additional indicators of performance described in paragraph (2)(B), if any; and</text>
</subparagraph><subparagraph id="H47F544A95DA94DCCA54A618A36AA27F3"><enum>(C)</enum><text>a description of efforts made to improve outcomes for workers under the adjustment assistance
program.</text>
</subparagraph></paragraph><paragraph id="H6CF3A5E047224F688B27145EC3D69443"><enum>(2)</enum><header>Core indicators described</header>
<subparagraph id="H830441393CF34D1EBE236DBFB23CDECB"><enum>(A)</enum><header>In general</header><text>The core indicators of performance described in this paragraph are—</text>
<clause id="HF03C5B657DE3489A96EC0D19EB5E8C18"><enum>(i)</enum><text>the percentage of workers receiving benefits under this Act who are employed during the first or
second calendar quarter following the calendar quarter in which the
workers cease receiving such benefits;</text>
</clause><clause id="HE727914AC65946FD834147CE9A682FD7"><enum>(ii)</enum><text>the percentage of such workers who are employed during the 2 calendar quarters following the
earliest calendar quarter during which the worker was employed as
described in clause (i);</text>
</clause><clause id="HAE10C9577B344750AEB1BA31D486ECEC"><enum>(iii)</enum><text>the average earnings of such workers who are employed during the 2 calendar quarters described in
clause (ii); and</text>
</clause><clause id="H1A1DFB6A20AB4AFE939207EF166DCD92"><enum>(iv)</enum><text>the percentage of such workers who obtain a recognized postsecondary credential, including an
industry-recognized credential, or a secondary school diploma or its
recognized equivalent if combined with employment under clause (i), while
receiving benefits under this Act or during the 1-year period after such
workers cease receiving such benefits.</text>
</clause></subparagraph><subparagraph id="H1E18F075349840F0B6DA3BB21C0E86E0"><enum>(B)</enum><header>Additional indicators</header><text>The Commission and a cooperating State or cooperating State agency may agree upon additional
indicators of performance for the adjustment assistance program under this
Act, as appropriate.</text>
</subparagraph></paragraph><paragraph id="H9CE18D1A6BA34AB79035646D05003FFA"><enum>(3)</enum><header>Standards with respect to reliability of data</header><text>In preparing the quarterly report required by paragraph (1), each cooperating State or cooperating
State agency shall establish procedures that are consistent with
guidelines to be issued by the Commission to ensure that the data reported
are valid and reliable.</text>
</paragraph></subsection><subsection id="HE18360CE6F40485DB67CA356C493B970"><enum>(i)</enum><header>Verification of Eligibility for Program Benefits</header>
<paragraph id="HCDB4FB241B9A4CB386BA792DD9EFFBB3"><enum>(1)</enum><header>In general</header><text>An agreement under this subchapter shall provide that the State shall periodically redetermine that
a worker receiving benefits under this subchapter who is not a citizen or
national of the United States remains in a satisfactory immigration
status. Once satisfactory immigration status has been initially verified
through the immigration status verification system described in section
1137(d) of the Social Security Act (<external-xref legal-doc="usc" parsable-cite="usc/42/1320b-7">42 U.S.C. 1320b–7(d)</external-xref>) for purposes of
establishing a worker's eligibility for unemployment compensation, the
State shall reverify the worker's immigration status if the documentation
provided during initial verification will expire during the period in
which that worker is potentially eligible to receive benefits under this
subchapter. The State shall conduct such redetermination in a timely
manner, utilizing the immigration status verification system described in
section 1137(d) of the Social Security Act (<external-xref legal-doc="usc" parsable-cite="usc/42/1320b-7">42 U.S.C. 1320b–7(d)</external-xref>).</text>
</paragraph><paragraph id="H153735261D374394866B071E837FCA76"><enum>(2)</enum><header>Procedures</header><text>The Commission shall establish procedures to ensure the uniform application by the States of the
requirements of this subsection.</text>
</paragraph></subsection></section><section id="H598300E18A214394906124008EFE43D3"><enum>303.</enum><header>Administration absent State agreement</header>
<subsection id="H58060E3EC336427D95AAB8F815DAE405"><enum>(a)</enum><header>In general</header><text display-inline="yes-display-inline">In any State where there is no agreement in force between a State or its agency under section 302,
the Commission shall, through regulations, arrange under regulations
prescribed by him or her for performance of all necessary functions under
title II, including provision for a fair hearing for any worker whose
application for payments is denied.</text>
</subsection><subsection id="H9FACFC67C3574974A12C6D620D43DBA1">
<enum>(b)</enum><header>final determination</header>
<text>A final determination under subsection (a) with respect to entitlement to program benefits under
title II is subject to review by the courts in the same manner and to the
same extent as is provided by section 205(g) of the Social Security Act
(<external-xref legal-doc="usc" parsable-cite="usc/42/405">42 U.S.C. 405(g)</external-xref>).</text>
</subsection></section><section id="H45F70E1E75294CEB9F36DB01AE0BA661"><enum>304.</enum><header>Liability of certifying and disbursing officers</header>
<subsection id="HED7765E7EB3249A0B499B33FDF36128F">
<enum>(a)</enum>
<text>No person designated by the Commission, or designated pursuant to an agreement under this
subchapter, as a certifying officer, shall, in the absence of gross
negligence or intent to defraud the United States, be liable with respect
to any payment certified by him or her under this chapter.</text>
</subsection><subsection id="H90C9CB3ADD294C63BA7A9BDB533D521D">
<enum>(b)</enum>
<text>No disbursing officer shall, in the absence of gross negligence or intent to defraud the United
States, be liable with respect to any payment by him or her under this Act
if it was based upon a voucher signed by a certifying officer designated
as provided in subsection (a).</text>
</subsection></section><section id="HD8B0049F912F4EF7991C2F7B2C90BEC7"><enum>305.</enum><header>Fraud and recovery of overpayments</header>
<subsection id="HEA1B0798ADE34B1BAA660F8877496F2E"><enum>(a)</enum><header>Overpayments</header>
<paragraph id="HEF2DBCC65CEB40E88EC709427E8DA8EA"><enum>(1)</enum><header>Liability for overpayment</header><text>If a cooperating State agency, the Commission, or a court of competent jurisdiction determines that
any person has received any payment under this Act to which the person was
not entitled, including a payment referred to in subsection (b), such
person shall be liable to repay such amount to the State agency or the
Commission, as the case may be, except that the State agency or the
Commission shall waive such repayment if such agency or the Commission
determines that—</text>
<subparagraph id="HA4271B96175E46CBA21FC2DD56C0FBE6"><enum>(A)</enum><text>the payment was made without fault on the part of such individual, and</text>
</subparagraph><subparagraph id="H8993A15F950B43C0B063908D0B7AA650"><enum>(B)</enum><text>requiring such repayment would cause a financial hardship for the individual (or the individual's
household, if applicable) when taking into consideration the income and
resources reasonably available to the individual (or household) and other
ordinary living expenses of the individual (or household).</text>
</subparagraph></paragraph><paragraph id="H1B728C2FF5D84824858E3020B06C7DFB"><enum>(2)</enum><header>Recovery</header><text>Unless an overpayment is otherwise recovered, or waived under paragraph (1), the State agency or
the Commission shall recover the overpayment by deductions from any sums
payable to such person under this Act, under any Federal unemployment
compensation law administered by the State agency or the Commission, or
under any other Federal law administered by the State agency or the
Commission which provides for the payment of assistance or an allowance
with respect to unemployment, and, notwithstanding any other provision of
State law or Federal law to the contrary, the Commission may require the
State agency to recover any overpayment under this Act by deduction from
any unemployment insurance payable to such person under the State law,
except that no single deduction under this paragraph shall exceed 50
percent of the amount otherwise payable.</text>
</paragraph></subsection><subsection id="HAD8E303C45BB45A09B1CF4CF188BA136"><enum>(b)</enum><header>Fraud</header><text>If a cooperating State agency, the Commission, or a court of competent jurisdiction determines that
an individual—</text>
<paragraph id="HD0996FEE54EF408E8DB70BE55214DE39"><enum>(1)</enum><text>knowingly has made, or caused another to make, a false statement or representation of a material
fact, or</text>
</paragraph><paragraph id="H49634FDEAF9440F2BBA7D43752620191"><enum>(2)</enum><text>knowingly has failed, or caused another to fail, to disclose a material fact, and as a result of
such false statement or representation, or of such nondisclosure, such
individual has received any payment under this Act to which the individual
was not entitled,</text></paragraph><continuation-text continuation-text-level="subsection">such individual shall, in addition to any other penalty provided by law, be ineligible for any
further payments under this Act.</continuation-text></subsection><subsection id="H0D921715BCBD4DF6B3BA65DED0C0C792"><enum>(c)</enum><header>Reversion to Treasury</header><text>Any amount recovered under this section shall be returned to the Treasury of the United States.</text>
</subsection></section><section id="H2CACED6F6AB340189E30212BD97DA8D2"><enum>306.</enum><header>Penalties</header><text display-inline="no-display-inline">Any person who—</text>
<paragraph id="HD35EAFD7BB4847F680204CF6E6B7EE53"><enum>(1)</enum><text>makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a
material fact, for the purpose of obtaining or increasing for that person
or for any other person any payment authorized to be furnished under this
Act or pursuant to an agreement under section 239, or</text>
</paragraph><paragraph id="H0ADB702836F74BBABAE13820C365A65D"><enum>(2)</enum><text>makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a
material fact, when providing information to the Commission during an
investigation of a petition under section 221,</text>
</paragraph></section><appropriations-major id="LEXA-RepairidF1D41467E9E943948D9AE379AA395AE4"><subsection id="LEXA-Repairid5DCBCE826A1448F5A7FA6E8911EA9E0C"><enum></enum><continuation-text continuation-text-level="subsection">shall be imprisoned for not more than one year, or fined under title 18, United States Code, or
both.</continuation-text></subsection></appropriations-major><section commented="no" id="HB3234CF2A1F44777BE28BB69C1F0597D"><enum>307.</enum><header>Agency funding limitations and authorization of appropriations</header>
<subsection id="HCF63D38026E1450F9D977EBA112F3B9E"><enum>(a)</enum><header>Establishment of fund</header>
<paragraph id="HA407D6D58B0D481D8FD13050F9C41188"><enum>(1)</enum><header>In general</header><text>There is established in the Treasury of the United States a separate account to be known as the
Transition Adjustment Assistance Fund.</text>
</paragraph><paragraph id="H0C47DFF84E0F4A288B0CCC1B3533221D"><enum>(2)</enum><header>Use</header><text display-inline="yes-display-inline">Amounts in the Fund shall be available to the Commission for making expenditures to meet the
obligations of the United States to carry out this Act.</text>
</paragraph></subsection><subsection commented="no" id="HB2DB3EC386734B8FA05D4437F601C2B4"><enum>(b)</enum><header>Authorization of Appropriations</header>
<paragraph id="H60DBCD5438D14DAA92393B00F4327A83"><enum>(1)</enum><header>Initial authorization</header><text>There are authorized to be appropriated to the Transition Adjustment Assistance Fund established
under
subsection (a) for fiscal year 2015, $500,000,000 to carry out this Act.</text>
</paragraph><paragraph id="H249ACD06CC99410EB2CC3BBEA2AC6107"><enum>(2)</enum><header>Subsequent authorizations</header>
<subparagraph id="H2984B70442D141DCA7A38B99B274F583"><enum>(A)</enum><header>In general</header><text>There are authorized to be appropriated to the Transition Adjustment Assistance Fund established
under
subsection (a) for fiscal years 2016 through 221, such sums as may be
necessary to carry out this Act.</text>
</subparagraph><subparagraph id="H822520022DAB4B60B7E628F6E923A4F0"><enum>(B)</enum><header>Sense of Congress</header><text>It is the sense of Congress that in determining appropriations under subparagraph (A), the
Committees on Appropriations of the House of Representatives and the
Senate shall take into consideration—</text>
<clause id="HD993B1CCEB384D0F9C011BB7B12F22F2"><enum>(i)</enum><text>any amounts that remained unobligated from amounts appropriated pursuant to paragraph (1); and</text>
</clause><clause id="HFFE81E45662943F988D4F07254DA6922"><enum>(ii)</enum><text display-inline="yes-display-inline">where available, the report required under section 308(d) regarding any savings created from the
completion of implementing recommendations of the Inspector General of the
agencies described in section 102(b)(2)(A)(iii) to eliminate wasteful and
excessive spending at each such Agency.</text>
</clause></subparagraph></paragraph></subsection><subsection commented="no" id="H0980CCC6D1864FFDB08DAAACEE350F3C"><enum>(c)</enum><header>Period of Expenditure</header><text>Funds obligated for any fiscal year to carry out activities under sections 221 through 224 may be
expended by each State receiving such funds during that fiscal year and
the succeeding two fiscal years.</text>
</subsection><subsection commented="no" id="HD9891671B8A84104952FF1F8B0BEBFC1"><enum>(d)</enum><header>Reallotment of Funds</header>
<paragraph commented="no" id="HC63E6EC70A2E4FF2898DFA4A45B874AB"><enum>(1)</enum><header>In general</header><text>The Commission may—</text>
<subparagraph commented="no" id="H79F6F1969B57438AB719825B9343558E"><enum>(A)</enum><text>reallot funds that were allotted to any State to carry out sections 221 through 224 and that remain
unobligated by the State during the second or third fiscal year after the
fiscal year in which the funds were provided to the State; and</text>
</subparagraph><subparagraph commented="no" id="H5EBD62D359D446598805330C362BF496"><enum>(B)</enum><text>provide such reallotted funds to States to carry out sections 221 through 224 in accordance with
procedures established by the Commission.</text>
</subparagraph></paragraph><paragraph commented="no" id="H1470E07363FA46B4ACFD0AE824143D22"><enum>(2)</enum><header>Requests by States</header><text>In establishing procedures under paragraph (1)(B), the Commission shall include procedures that
provide for the distribution of reallotted funds under that paragraph
pursuant to requests submitted by States in need of such funds.</text>
</paragraph><paragraph commented="no" id="H7815D1BCEA65450C99F62098EB7B9FE9"><enum>(3)</enum><header>Availability of amounts</header><text>The reallotment of funds under paragraph (1) shall not extend the period for which such funds are
available for expenditure.</text>
</paragraph></subsection></section><section id="H8C7B4644E809413E88D814ECD059AF4C"><enum>308.</enum><header>Agency reports of wasteful and excessive spending required</header>
<subsection id="H1D97407E7D164840BF58942A4CF01C8B"><enum>(a)</enum><header>Report on wasteful and excessive spending</header><text display-inline="yes-display-inline">With respect to each of fiscal years 2015 through 2020 the inspector general of the Agencies
described in section 102(b)(2)(A)(iii) shall submit to the Administrator
of each such Agency and to Congress a report (in this section referred to
as the <quote>IG report</quote>) regarding wasteful and excessive spending, or duplicative programs causing wasteful and excessive
spending at such Agency, including recommendations for how to eliminate
such wasteful and excessive spending.</text>
</subsection><subsection id="HAD9709F8922640B0A4DACF65DBCBA1C3"><enum>(b)</enum><header>Implementation required</header><text display-inline="yes-display-inline">Not later than 2 years after the submission of the report required under subsection (a), and except
as provided in subsection (c), the head of each Agency described in
section 102(b)(2)(A)(iii) shall implement all of the reasonable and
cost-effective recommendations in such reports.</text>
</subsection><subsection id="H0D47B45CD55947148A8BED75D53C5E11"><enum>(c)</enum><header>Exception</header><text display-inline="yes-display-inline">The implementation requirement in subsection (b) shall not apply to a recommendation by an
inspector general that would violate an existing law. With regard to any
such recommendation, the head of each Agency described in section
102(b)(2)(A)(iii) shall submit to Congress a description of the necessary
change to the law to legally implement the recommendation.</text>
</subsection><subsection id="H9967C48EC48447BE8B14E2D53197EE1A"><enum>(d)</enum><header>Report on implementation</header><text display-inline="yes-display-inline">Not later than 6 months after the end of the implementation period described in subsection (b), the
head of each Agency described in section 102(b)(2)(A)(iii) shall submit to
Congress a report on—</text>
<paragraph commented="no" id="HE2B4720C781843518D20DFED5B37BF0A"><enum>(1)</enum><text>the progress of the implementation of each recommendation in the IG report;</text>
</paragraph><paragraph commented="no" id="HE7B254C6FF564D608405F8E39550AF2A"><enum>(2)</enum><text>the time period required to complete each such implementation;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HB554A5EA329C4E9A8BF7D478459DB23B"><enum>(3)</enum><text>the wasteful and excessive spending, and duplicative programs causing wasteful and excessive
spending within each agency described in the IG report;</text>
</paragraph><paragraph commented="no" id="HEA6E96771898413C9925F8BF421A1978"><enum>(4)</enum><text>the savings created from the completion of implementing each recommendation; and</text>
</paragraph><paragraph commented="no" id="H483D680EBF94469C8CAC78B14CFBB1E8"><enum>(5)</enum><text>the reason each recommendation was not implemented before the submission of the IG report.</text>
</paragraph></subsection></section><section id="H748D94B5CB38473BBE43BDCC0753A89A"><enum>309.</enum><header>Regulations</header><text display-inline="no-display-inline">The Commission shall prescribe such regulations as may be necessary to carry out the provisions of
this Act.</text>
</section><section id="H1DD88F147E39479292E212D6D6D07550"><enum>310.</enum><header>Subpoena power</header>
<subsection id="HE13F763F75F84C2AB838E0559295D798">
<enum>(a)</enum><header>In general</header>
<text>The Commission may require by subpoena the attendance of witnesses and the production of evidence
necessary for the Commission to make a determination under the provisions
of this chapter.</text>
</subsection><subsection id="H2D41C52A0CBD45FAB4C8058055FBFC4C">
<enum>(b)</enum><header>Contumacy</header>
<text>If a person refuses to obey a subpoena issued under subsection (a), a United States district court
within the jurisdiction of which the relevant proceeding under this Act is
conducted may, upon petition by the Commission, issue an order requiring
compliance with such subpoena.</text>
</subsection></section>