[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4292 Introduced in House (IH)]







                                    


104th CONGRESS
  2d Session
                                H. R. 4292

To provide a comprehensive program of adjustment assistance to workers 
displaced as a result of any program, project, or activity carried out 
                           under Federal law.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 1996

   Mr. Brown of California introduced the following bill; which was 
 referred to the Committee on Economic and Educational Opportunities, 
and in addition to the Committees on Transportation and Infrastructure, 
 and Ways and Means, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To provide a comprehensive program of adjustment assistance to workers 
displaced as a result of any program, project, or activity carried out 
                           under Federal law.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Displaced Worker Retraining Act of 
1993''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Authorization of appropriations.
Sec. 4. Definitions.
   TITLE I--GRANTS TO STATES TO PROVIDE WORKER ADJUSTMENT ASSISTANCE 
                 BENEFITS TO ELIGIBLE DISPLACED WORKERS

Sec. 101. Authorization.
Sec. 102. Application.
Sec. 103. Reports.
            TITLE II--WORKER ADJUSTMENT ASSISTANCE BENEFITS

                       Subtitle A--Income Support

Sec. 211. Eligibility.
Sec. 212. Weekly income support.
Sec. 213. Application of State laws.
                      Subtitle B--Wage Supplements

Sec. 221. Eligibility.
Sec. 222. Weekly wage supplement.
                          Subtitle C--Training

Sec. 231. Approval of training.
Sec. 232. Training programs.
Sec. 233. Supplemental assistance.
Sec. 234. Payment of costs of on-the-job training.
Sec. 235. Eligibility for unemployment insurance.
  Subtitle D--Rapid Response Assistance, Basic Readjustment Services, 
            Relocation Allowances, and Job Search Allowances

Sec. 241. Rapid response assistance and basic readjustment services.
Sec. 242. Relocation allowances.
Sec. 243. Job search allowances.
                     TITLE III--GENERAL PROVISIONS

Sec. 301. Fraud and recovery of overpayments.
Sec. 302. Penalties.
Sec. 303. Subpoena power.
Sec. 304. Regulations.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated from the general fund of the 
Treasury such amounts as may be necessary to carry out the purposes of 
this Act.

SEC. 4. DEFINITIONS.

    For purposes of this Act, the following definitions apply:
            (1) Average weekly hours.--The term ``average weekly 
        hours'' means the average hours worked by the individual 
        (excluding overtime) in the employment from which the 
        individual 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 (2)(A).
            (2) Average weekly wage.--
                    (A) In general.--The term ``average weekly wage'' 
                means the lower of--
                            (i) $962; or
                            (ii) \1/13\ of the total wages paid to an 
                        individual in the high quarter.
                For purposes of clause (ii), the high quarter is 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.
                    (B) Cost-of-living adjustment.--Effective December 
                1 of each year after the calendar year in which the 
                date of the enactment of this Act occurs, the dollar 
                amount in subparagraph (A)(i) shall be increased by the 
                percent change in the Consumer Price Index (all items--
                United States city average) published by the Bureau of 
                Labor Statistics by the percent change in the price 
                index for the base quarter of such year over the price 
                index for the base quarter of the preceding year in 
                which an adjustment under this subparagraph was made, 
                adjusted to the nearest \1/10\ of 1 percent. For 
                purposes of applying this subparagraph for the first 
                time, ``$962'' in subparagraph (A)(i) shall be treated 
                as including an adjustment made under this subparagraph 
                in the base quarter ending on September 30, 1996. As 
                used in this subparagraph--
                            (i) the term ``base quarter'', as used with 
                        respect to a year, means the calendar quarter 
                        ending on September 30 of such year; and
                            (ii) the price index for a base quarter is 
                        the arithmetical mean of such index for the 3 
                        months comprising the quarter.
            (3) Dislocation date.--The term ``dislocation date'' means, 
        with respect to a displaced worker, the last day of the week 
        specified in the last sentence of paragraph (2)(A). Any 
        computation under this Act regarding weeks of employment before 
        such date includes the week in which such date occurs.
            (4) On-the-job training.--The term ``on-the-job training'' 
        means training provided by an employer to an individual who is 
        employed by the employer.
            (5) Partial separation.--The term ``partial separation'' 
        means, with respect to an individual who has not been totally 
        separated, that the individual has had--
                    (A) his or her hours of work reduced to 80 percent 
                or less of his or her average weekly hours in 
                employment; and
                    (B) his or her wages in such employment reduced to 
                80 percent or less of his or her average weekly wage.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (7) State.--The term ``State'' means any of the several 
        States, the District of Columbia, and the Commonwealth of 
        Puerto Rico.
            (8) State agency.--The term ``State agency'' means the 
        agency of the State which administers the State law.
            (9) State law.--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.
            (10) Suitable employment.--The term ``suitable employment'' 
        means, with respect to a displaced worker, work of a 
        substantially equal or higher skill level than the worker's 
        past employment, and wages for such work at not less than 80 
        percent of the worker's average weekly wage.
            (11) Total separation.--The term ``total separation'' means 
        the layoff or severance of an individual from employment.
            (12) Unemployment insurance.--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.
            (13) Week.--The term ``week'' means a week as defined in 
        the applicable State law.
            (14) Week of unemployment.--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.

   TITLE I--GRANTS TO STATES TO PROVIDE WORKER ADJUSTMENT ASSISTANCE 
                 BENEFITS TO ELIGIBLE DISPLACED WORKERS

SEC. 101. AUTHORIZATION.

    (a) In General.--The Secretary of Labor, in consultation with the 
heads of appropriate Federal agencies, shall, from amounts appropriated 
pursuant to section 3, provide grants to States for the purpose of 
providing to eligible dislocated workers described in subsection (b) 
the worker adjustment assistance benefits described in title II.
    (b) Eligible Displaced Workers.--An individual shall be eligible 
for worker adjustment assistance benefits under title II if the 
individual has been totally separated or partially separated from 
employment as a result of any program, project, or activity carried out 
under Federal law.

SEC. 102. APPLICATION.

    (a) In General.--The Secretary may not make a grant under section 
101 to a State unless the State submits to the Secretary an application 
in such form and containing such information as the Secretary may 
reasonably require.
    (b) Contents.--Such application shall include assurances that--
            (1) the State will use amounts received from a grant under 
        section 101 to provide the worker adjustment assistance 
        benefits under title II to eligible displaced workers in such 
        State;
            (2) the State will promptly provide written notice through 
        the mail of such benefits available to each eligible displaced 
        worker;
            (3) the State will provide whatever assistance is necessary 
        to enable eligible displaced workers to prepare applications 
        for such benefits;
            (4) the State will inform the State job training 
        coordinating council established under section 122 of the Job 
        Training Partnership Act (29 U.S.C. 1532), or equivalent 
        agency, and other public or private agencies, institutions, and 
        employers, as appropriate, of projections of the number of 
        eligible displaced workers, if available, and of the needs for 
        training of such workers; and
            (5) the State will not deny or reduce unemployment 
        insurance otherwise payable to any eligible displaced worker 
        for any week by reason of any right to the benefits under title 
        II.

SEC. 103. REPORTS.

    (a) State Reports.--The Secretary may not provide a grant under 
section 101 to a State unless the State agrees to submit to the 
Secretary, in each fiscal year in which the Secretary makes payments 
under such grant to such State, a report containing such information as 
the Secretary may reasonably require.
    (b) Reports to Congress.--The Secretary shall submit to the 
Congress, in each fiscal year in which the Secretary makes payments 
under a grant under section 101, a report containing--
            (1) a compilation of the information contained in each 
        report submitted to the Secretary by a State under subsection 
        (a) for such fiscal year; and
            (2) an evaluation of the grant program.

            TITLE II--WORKER ADJUSTMENT ASSISTANCE BENEFITS

                       Subtitle A--Income Support

SEC. 211. ELIGIBILITY.

    (a) In General.--Payment of income support shall be made as 
provided for in this subtitle to a displaced worker who applies for 
such support for any week of unemployment which begins after the 
dislocation date of the worker if the worker had--
            (1) in the 156 weeks immediately preceding the dislocation 
        date, at least 52 weeks of employment, and in the 52 weeks 
        immediately preceding the dislocation date, at least 10 weeks 
        of employment; or
            (2) if data with respect to such weeks of employment are 
        not available, equivalent amounts of employment computed under 
        regulations prescribed by the Secretary.
    (b) Training Under Subtitle C.--A displaced worker who is eligible 
under subsection (a) for income support is eligible to apply for 
training under subtitle C.

SEC. 212. WEEKLY INCOME SUPPORT.

    (a) Amount and Duration.--Subject to subsections (c), (d), and 
(e)--
            (1) the income support amount payable to a displaced worker 
        for a week of unemployment is an amount equal to the product of 
        the average weekly wage of the worker and the appropriate 
        income support factor set forth in subsection (b); and
            (2) the maximum number of weeks for which income support is 
        payable to a displaced worker is the number of consecutive 
        weeks (commencing with the week occurring immediately after the 
        dislocation date) that appear in column 2 of the following 
        table opposite the period of months in column 1 of such table 
        that corresponds to the number of months in which the worker 
        was employed before his or her dislocation date:

      

------------------------------------------------------------------------
                               Column 1                  Column 2       
                      --------------------------------------------------
                           Months of worker                             
                           employment before                            
                           dislocation date      Maximum number of weeks
                      --------------------------     for which income   
                        Not fewer     Not more       support payable    
                           than         than                            
------------------------------------------------------------------------
                            12           18                 39          
                      --------------------------------------------------
                            18           24                 52          
                      --------------------------------------------------
                            24           30                 65          
                      --------------------------------------------------
                            30           36                 78          
                      --------------------------------------------------
                            36           42                 91          
                      --------------------------------------------------
                            42           48                104          
                      --------------------------------------------------
                            48           54                117          
                      --------------------------------------------------
                            54           60                130          
                      --------------------------------------------------
                            60                             156          
------------------------------------------------------------------------

No income support may be paid to a displaced worker for any week of 
unemployment that occurs after the last of the applicable maximum 
number of weeks specified for the worker in column 2, or, if 
applicable, the last of any additional weeks resulting from the 
application of subsection (c). Notwithstanding the preceding table, the 
maximum number of weeks for which income support is payable to any 
worker--
                    (A) who is employed in adversely affected 
                employment for not fewer than 12 months and not more 
                than 18 months before separation, and
                    (B) who is eligible for unemployment compensation 
                for a period longer than 39 weeks,
shall be--
                            (i) the number of weeks for which such 
                        worker is eligible for unemployment 
                        compensation, or
                            (ii) 52 weeks.
whichever is less.
    (b) Income Support Factors.--
            (1) Workers not participating in training or who make late 
        application for training.--The income support factors for weeks 
        of unemployment for a displaced worker who does not enroll in 
        training under subtitle C before the 183d day after his or her 
        dislocation date is as follows:
                    (A) 68 percent for the 1st week and each week 
                thereafter before the 53d week.
                    (B) 58 percent for the 53d week and any week 
                thereafter before the 105th week.
                    (C) 48 percent for the 105th week and any week 
                thereafter before the 157th week.
            (2) Workers who make prompt application for training.--The 
        income support factor for weeks of unemployment for a displaced 
        worker who enrolls in training under subtitle C before the 183d 
        day after his or her dislocation date is 68 percent, except 
        that if such training is completed or the worker ceases to 
        participate in such training as of any week occurring after the 
        52d week of unemployment, subparagraph (B), or both 
        subparagraphs (B) and (C) (as the case may be), of paragraph 
        (1) apply with respect to weeks of unemployment occurring after 
        the week in which such completion or cessation occurred.
    (c) Additional Weeks of Income Support.--If a displaced worker 
enrolls in training under subtitle C before the 183d day after his or 
her dislocation date, the maximum number of weeks of income support 
specified in column 2 of the table in subsection (a)(2) for the worker 
shall be extended by an additional consecutive number of weeks (but in 
no case more than 26 additional weeks) that the State considers to be 
reasonably necessary for the worker to complete a degree or certificate 
program under such training.
    (d) Adjustment of Amount of Income Support.--
            (1) Unemployment issuance and certain additional 
        payments.--The amount of income support payable under 
        subsection (a) to a displaced worker for any week shall be 
        reduced by the amount of--
                    (A) any unemployment insurance that the worker is 
                receiving, or would receive if the worker applied for 
                such insurance, with respect to that week, except that 
                if the appropriate State agency or Federal agency 
                finally decides that the worker is not entitled to 
                unemployment insurance with respect to such week, 
                reduction under this paragraph shall not apply with 
                respect to such week; and
                    (B) any additional payment to the worker from any 
                other public or private source.
            (2) Aggregate receipts.--If, with respect to any week of 
        unemployment, the total amount payable to a displaced worker 
        as--
                    (A) remuneration for services performed during such 
                week;
                    (B) income support;
                    (C) unemployment insurance; and
                    (D) any additional payment referred to in paragraph 
                (1)(B),
        exceeds 75 percent of the amount of the average weekly wage of 
        the worker (or exceeds 85 percent of the amount of such average 
        if the worker is participating in training under subtitle C), 
        the income support payable for such week shall be reduced by 
        the amount of such excess.
    (e) Wage Supplement Offset.--If a displaced worker who has received 
wage supplements under subtitle B begins receiving income support under 
this subtitle, the maximum number of weeks of unemployment for which 
the worker is eligible for income support under subsection (b)(2) shall 
be reduced by 1 week for each week for which a wage supplement was 
received.
    (f) Income Support not Payable During On-the-Job Training.--Income 
support may not be paid to a worker under this section for any week 
during which the worker receives on-the-job training under section 232.

SEC. 213. APPLICATION OF STATE LAWS.

    Except where inconsistent with the provisions of this subtitle and 
subject to such regulations as the Secretary may prescribe, the 
availability and disqualification provisions of the State law--
            (1) under which a displaced worker is entitled to 
        unemployment insurance (whether or not the worker has filed a 
        claim for such insurance), or
            (2) if the worker is not so entitled to unemployment 
        insurance, of the State in which the worker was totally or 
        partially separated,
shall apply to any such worker who files a claim for income support. 
The State law so determined with respect to a separation of a worker 
shall remain applicable, for purposes of the preceding sentence, with 
respect to such separation until such worker becomes entitled to 
unemployment insurance under another State law (whether or not such 
worker has filed a claim for such insurance).

                      Subtitle B--Wage Supplements

SEC. 221. ELIGIBILITY.

    (a) In General.--Payment of a wage supplement shall be made as 
provided for in this subtitle to a displaced worker who applies for 
such supplement for any week of full-time employment which begins after 
the dislocation date of the worker if the worker meets the requirements 
of section 211(a).
    (b) Part-Time Training Under Subtitle C.--A displaced worker who is 
eligible under subsection (a) for wage supplements is eligible to apply 
for part-time training under subtitle C.

SEC. 222. WEEKLY WAGE SUPPLEMENT.

    (a) Amount.--The amount of a wage supplement payable under this 
subtitle for a week of full-time employment is an amount equal to the 
differences, if any, between--
            (1) the wage the displaced worker earns during the week of 
        full-time employment; and
            (2) an amount equal to 85 percent of the worker's average 
        weekly wage.
    (b) Duration.--Subject to subsection (c), the maximum number of 
weeks of full-time employment for which wage supplements may be paid to 
a displaced worker under this subtitle is 156 weeks. No wage supplement 
may be paid to a worker for any week that occurs after the 156th week 
after the week in which the dislocation date of the worker occurred.
    (c) Income Support Offset.--If a displaced worker who has received 
income support under subtitle A begins receiving wage supplements under 
this subtitle, the maximum number of weeks of full-time employment for 
which the worker is eligible for wage supplements under this subtitle 
shall be reduced by 1 week for each week for which income support was 
received.

                          Subtitle C--Training

SEC. 231. APPROVAL OF TRAINING.

    (a) In General.--
            (1) Conditions for approval.--If the State determines with 
        respect to a displaced worker who is eligible under section 
        211(c) or 221(b) to apply for training under this subtitle 
        that--
                    (A) there is no suitable employment (which may 
                include technical and professional employment) 
                available for the worker,
                    (B) the worker would benefit from appropriate 
                training,
                    (C) there is reasonable expectation of suitable 
                employment following completion of such training,
                    (D) training approved by the State is reasonably 
                available to the worker from either governmental 
                agencies or private sources (which may include 
                institutions of higher education or area vocational 
                education schools, as defined in section 521(4) of the 
                Carl D. Perkins Vocational and Applied Technology 
                Education Act, and employers),
                    (E) the worker is qualified to undertake and 
                complete such training, and
                    (F) such training is suitable for the worker and 
                available at a reasonable cost,
        the State shall approve such training for the worker.
            (2) Priority for certain training programs.--In approving 
        training under paragraph (1) for displaced workers, the State 
        shall give priority to training under the programs described in 
        section 232(a)(6) (relating to training under the programs in 
        environmental engineering, environmental cleanup, advanced 
        telecommunications, transportation, infrastructure, and 
        computer technology).
            (3) Definitions.--
                    (A) Reasonable cost.--For purposes of applying 
                paragraph (1)(F), the term ``reasonable cost'', as 
                applied to any undergraduate, graduate, professional, 
                or post-graduate program at an institution of higher 
                education, is a tuition cost that does not exceed the 
                maximum average tuition cost of like programs offered 
                at the public institutions of higher education in the 
                State concerned.
                    (B) Reasonable expectation of suitable 
                employment.--For purposes of applying paragraph (1)(C), 
                a reasonable expectation of suitable employment does 
                not require that suitable employment opportunities for 
                a worker be available, or offered, immediately upon the 
                completion of training approved under paragraph (1).
    (b) Payment of Costs.--The following requirements apply with 
respect to the provision of training under this subtitle:
            (1) If the costs of training a displaced worker are paid by 
        the State under subsection (a), no other payment for such costs 
        may be made under any other provision of Federal law.
            (2) No payment may be made under subsection (a) of the 
        costs of training a displaced worker if such costs--
                    (A) have already been paid under any other 
                provision of Federal law; or
                    (B) 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.
            (3) The provisions of this subsection do not apply to, or 
        take into account, any funds provided under any other provision 
        of Federal law which are used for any purpose other than the 
        direct payment of the costs incurred in training a particular 
        displaced worker, even if such use has the effect of indirectly 
        paying or reducing any portion of the costs involved in 
        training the worker.
    (c) Training Costs Paid From Other Sources.--
            (1) In general.--The State is not required under this 
        subtitle to pay the costs of any training approved under 
        subsection (a) to the extent that such costs are paid--
                    (A) under any Federal or State program other than 
                this part; or
                    (B) from any source other than this section.
            (2) Repayment agreement.--Before approving any training to 
        which paragraph (1) may apply, the State may require that the 
        displaced worker enter into an agreement with the State under 
        which the State will not be required to pay under this subtitle 
        the portion of the costs of such training that the worker has 
        reason to believe will be paid under the program, or by the 
        source, described in subparagraph (A) or (B) of paragraph (1).

SEC. 232. TRAINING PROGRAMS.

    (a) Types That May Be Approved.--The training programs that may be 
approved under section 231(a) include--
            (1) technical, vocational, undergraduate, graduate, 
        professional, and post-graduate programs of study;
            (2) on-the-job training;
            (3) any training program approved by a private industry 
        council established under section 103 of the Job Training 
        Partnership Act (29 U.S.C. 1512);
            (4) any program of remedial education;
            (5) any training program (other than a training program 
        described in subsection (b)) for which all, or any portion, of 
        the costs of training the worker are paid--
                    (A) under any Federal or State program other than 
                this subtitle; or
                    (B) from any source other than this section;
            (6) any training program in environmental engineering, 
        environmental cleanup, advanced telecommunications, 
        transportation, infrastructure, and computers; and
            (7) any other training program approved by the State.
Training programs shall be made available on both full-time and part-
time bases to meet the respective needs of displaced workers. The State 
shall prescribe regulations which set forth the criteria under each of 
the training categories listed in paragraphs (1) through (7) that will 
be used as the basis for approving training programs under section 231.
    (b) Restrictions on Approval.--The State may not approve a training 
program if--
            (1) all or a portion of the costs of the training program 
        are paid under any nongovernmental plan or program;
            (2) the displaced worker has a right to obtain training or 
        funds for training under such plan or program; and
            (3) such plan or program requires the worker to reimburse 
        the plan or program from funds provided under this subtitle, or 
        from wages paid under such training program, for any portion of 
        the costs of such training program paid under the plan or 
        program.
    (c) Duration of Training.--The maximum number of weeks of training 
that a displaced worker may receive under this subtitle is 156 weeks. 
For purposes computing such maximum number of weeks, any week (or 
aggregate number of days that equals a week) that is not treated as a 
week or day within the regular academic or instructional year (or 
equivalent period) of the institution or entity providing the training 
shall be excluded.

SEC. 233. SUPPLEMENTAL ASSISTANCE.

    The State 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 displaced worker's regular place 
of residence. The State may not authorize--
            (1) 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
            (2) payments for travel expenses exceeding the prevailing 
        mileage rate authorized under the Federal travel regulations.

SEC. 234. PAYMENT OF COSTS OF ON-THE-JOB TRAINING.

    The State shall pay the costs of any on-the-job training of a 
displaced worker that is approved under section 231(a) in equal monthly 
installments, but the State may pay such costs, notwithstanding any 
other provision of this section, only if--
            (1) no currently employed worker is displaced by such 
        displaced worker (including partial displacement such as a 
        reduction in the hours of nonovertime work, wages, or 
        employment benefits);
            (2) such training does not impair existing contracts for 
        services or collective bargaining agreements;
            (3) 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;
            (4) no other individual is on layoff from the same, or any 
        substantially equivalent, job for which such displaced worker 
        is being trained;
            (5) the employer has not terminated the employment of any 
        regular employee or otherwise reduced the work force of the 
        employer with the intention of filling the vacancy so created 
        by hiring such displaced worker;
            (6) the job for which such displaced 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;
            (7) such training is not for the same occupation which 
        requires the same level of skill as that from which the worker 
        was separated;
            (8) the employer certifies to the State that the employer 
        will continue to employ such worker for at least 26 weeks after 
        completion of such training if the worker desires to continue 
        such employment and the employer does not have due cause to 
        terminate such employment;
            (9) the employer has not received payment under section 
        231(a) with respect to any other on-the-job training provided 
        by such employee which failed to meet the requirements of 
        paragraphs (1), (2), (3), (4), (5) and (6); and
            (10) the employer has not taken, at any time, any action 
        which violated the terms of any certification described in 
        paragraph (8) made by such employee with respect to any other 
        on-the-job training provided by such employer for which the 
        State has made a payment under section 231(a).

SEC. 235. ELIGIBILITY FOR UNEMPLOYMENT INSURANCE.

    A displaced worker may not be determined to be ineligible or 
disqualified for unemployment insurance or benefits under this Act 
because--
            (1) the individual is in training approved under section 
        231(a);
            (2) of leaving work which is not suitable employment to 
        enter such training; or
            (3) of the application to any such week in training of 
        provisions of State law or Federal unemployment insurance law 
        relating to availability for work, active search for work, or 
        refusal to accept work.

  Subtitle D--Rapid Response Assistance, Basic Readjustment Services, 
            Relocation Allowances, and Job Search Allowances

SEC. 241. RAPID RESPONSE ASSISTANCE AND BASIC READJUSTMENT SERVICES.

    (a) Eligibility.--An individual who is--
            (1) a displaced worker (whether or not eligible for 
        benefits under subtitle A or B); or
            (2) an individual who--
                    (A) has received notice of impending total or 
                partial separation from employment; and
                    (B) had in the 52 weeks immediately preceding the 
                date of such notice at least 26 weeks of employment;
is entitled to the rapid response assistance and basic readjustment 
services under this subtitle.
    (b) Duration.--An individual described in subsection (a) is 
entitled to receive rapid response assistance and basic readjustment 
services--
            (1) if applicable, on and after the date of the notice 
        referred to in subsection (a)(2) and before the day after the 
        dislocation date of the individual; and
            (2) during the period of--
                    (A) the 13 consecutive weeks commencing with the 
                week immediately following the dislocation date, in the 
                case of rapid response assistance; and
                    (B) the 156 consecutive weeks commencing with the 
                week immediately following the dislocation date, in the 
                case of basic readjustment services.
    (c) Delivery of Rapid Response Assistance.--
            (1) Impending permanent closure or substantial layoff.--In 
        a situation involving an impending permanent closure or 
        substantial layoff of 50 or more individuals, a State may 
        provide funds, where other public or private resources are not 
        expeditiously available, for a preliminary assessment of the 
        advisability of conducting a comprehensive study exploring the 
        feasibility of having a company or group, including the 
        workers, purchase the plant and continue it in operation.
            (2) Oversight by Secretary.--The Secretary shall oversee 
        the administration by each State of the rapid response 
        assistance services provided in such State and the 
        effectiveness, efficiency, and timeliness of the delivery of 
        such services. If the Secretary determines that such services 
        are not being performed adequately, the Secretary shall 
        implement appropriate corrective action, including, where 
        necessary, the selection of a new rapid response assistance 
        service provider.
    (d) Rapid Response Assistance and Basic Readjustment Services 
Described.--For purposes of this subtitle--
            (1) the term ``rapid response assistance'' means assistance 
        described in section 314(b) of the Job Training Partnership Act 
        (29 U.S.C. 1661c(b)); and
            (2) the term ``basic readjustment services'' means services 
        described in section 314(c) of such Act (29 U.S.C. 1661c(c)).

SEC. 242. RELOCATION ALLOWANCES.

    (a) In General.--A displaced worker (whether or not eligible for 
benefits under subtitle A or B) may file an application with the State 
for a relocation allowance under this section.
    (b) Conditions.--A relocation allowance may be granted only to 
assist a displaced worker in relocating within the United States and 
only if the State determines that such worker cannot reasonably be 
expected to secure suitable employment in the commuting area in which 
he resides and that such worker--
            (1) has obtained--
                    (A) suitable employment affording a reasonable 
                expectation of long-term duration in the area in which 
                he wishes to relocate; or
                    (B) a bona fide offer of such employment; and
            (2) is totally separated from employment at the time 
        relocation commences.
    (c) Relocation Allowance Defined.--For the purposes of this 
section, the term ``relocation allowance'' means--
            (1) 90 percent of the reasonable and necessary expenses 
        (including subsistence and transportation expenses at levels 
        not exceeding those allowable under section 223(1) and (2)) 
        specified in regulations prescribed by the State, incurred in 
        transporting a worker and his or her family if any, and 
        household effects, and
            (2) a lump sum 2 times the weekly wage (excluding overtime, 
        bonuses, or any other payment not considered basic wage) 
        received by the worker in the last week of 35 or more hours of 
        work occurring before the worker's dislocation date,
except that the aggregate of such expenses and lump sum paid to any 
displaced worker may not exceed $4,000.

SEC. 243. JOB SEARCH ALLOWANCES.

    (a) In General.--A displaced worker (whether or not eligible for 
benefits under subtitle A or B) may file an application with the State 
for a job search allowance. Such allowance, if granted shall provide 
reimbursement to the worker of 90 percent of the cost of necessary job 
search expenses as prescribed by regulations of the State, except 
that--
            (1) such reimbursement may not exceed $800 for any worker; 
        and
            (2) reimbursement may not be made for subsistence and 
        transportation expenses at levels exceeding those allowable 
        under section 233.
    (b) Conditions.--A job search allowance may be granted only--
            (1) to assist a displaced worker who has been totally 
        separated in securing a job within the United States;
            (2) where the State determines that such worker cannot 
        reasonably be expected to secure suitable employment in the 
        commuting area in which he resides; and
            (3) where the worker has filed an application for such 
        allowance with the State before--
                    (A) the later of--
                            (i) the 156th week after the dislocation 
                        date of the worker; or
                            (ii) the 156th week after the date of the 
                        worker's last total separation; or
                    (B) the 182d day after the concluding date of any 
                training received by the worker, if the worker was 
                referred to such training by the State.
    (c) Reimbursement.--The State shall reimburse any adversely 
affected worker for necessary expenses incurred by such worker in 
participating in a job search program approved by the State.

                     TITLE III--GENERAL PROVISIONS

SEC. 301. FRAUD AND RECOVERY OF OVERPAYMENTS.

    (a) Liability for Repayment.--
            (1) In general.--If a State, the Secretary, or a court of 
        competent jurisdiction determines that any person has received 
        any payment under this Act for which the person was not 
        eligible, including a payment referred to in subsection (b), 
        such person shall be liable to repay such amount to the State 
        or the Secretary, as the case may be, except that the State or 
        the Secretary may waive such repayment if such State or the 
        Secretary determines, in accordance with guidelines by the 
        Secretary, that--
                    (A) the payment was made without fault on the part 
                of such individual; and
                    (B) requiring such repayment would be contrary to 
                equity and good conscience.
            (2) Recovery.--Unless an overpayment is otherwise 
        recovered, or waived under paragraph (1), the State or the 
        Secretary 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 
        of the State or the Secretary, or under any other Federal law 
        administered by the State or the Secretary 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 Secretary may require 
        the State 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.
    (b) Fraud.--If a State, the Secretary, or a court of competent 
jurisdiction determines that an individual--
            (1) knowingly has made, or caused another to make, a false 
        statement or representation of a material fact, or
            (2) 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, such individual shall, in 
addition to any other penalty provided by law, be ineligible for any 
further payments under this Act.
    (c) Notice and Hearing.--Except for overpayments determined by a 
court of competent jurisdiction, no repayment may be required, and no 
deduction may be made, under this section until a determination under 
subsection (a)(1) by the State or the Secretary, as the case may be, 
has been made, notice of the determination and an opportunity for a 
fair hearing thereon has been given to the individual concerned, and 
the determination has become final.
    (d) Disposition of Recovered Amounts.--Any amount recovered under 
this section shall be returned to the general fund of the Treasury.

SEC. 302. PENALTIES.

    Whoever 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 himself or herself or for any other 
person any payment authorized to be furnished under this Act shall be 
fined not more than $1,000 or imprisoned for not more than 1 year, or 
both.

SEC. 303. SUBPOENA POWER.

    (a) In General.--The Secretary may require by subpoena the 
attendance of witnesses and the production of evidence necessary for 
the Secretary to make a determination under the provisions of this Act.
    (b) Compliance.--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 title is 
conducted may, upon petition by the Secretary, issue an order requiring 
compliance with such subpoena.

SEC. 304. REGULATIONS.

    (a) In General.--The Secretary shall prescribe such regulations as 
may be necessary to carry out the provisions of this Act.
    (b) Transition.--In prescribing regulations under subsection (a), 
the Secretary shall promulgate such rules and procedures as may be 
necessary to provide for an orderly transition to and implementation of 
this Act.
                                 <all>