[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6819 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 6819

    To establish a worker adjustment assistance program to provide 
assistance and job retraining for workers who have lost their jobs due 
 to unplanned closures of coal and coal dependent industries, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 13, 2018

Mr. McKinley (for himself and Mr. Welch) introduced the following bill; 
which was referred to the Committee on Education and the Workforce, and 
in addition to the Committee on Oversight and Government Reform, 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 establish a worker adjustment assistance program to provide 
assistance and job retraining for workers who have lost their jobs due 
 to unplanned closures of coal and coal dependent industries, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Healthy Employee 
Loss Prevention Act of 2018'' or the ``HELP Act''.
    (b) Table of Contents.--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.

SEC. 2. DEFINITIONS.

    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.

                 TITLE I--PETITIONS AND DETERMINATIONS

SEC. 101. PETITIONS.

    (a) In General.--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:
            (1) The group of workers.
            (2) The certified or recognized union or other duly 
        authorized representative of such workers.
            (3) Employers of such workers, one-stop operators or one-
        stop partners (as defined in section 101 of the Workforce 
        Investment Act of 1998 (29 U.S.C. 2801)), including State 
        employment security agencies, or the State dislocated worker 
        unit established under title I of such Act, on behalf of such 
        workers.
    (b) Actions by a Governor.--Upon receipt of a petition filed under 
subsection (a), the Governor shall--
            (1) ensure that rapid response activities and appropriate 
        core and intensive services (as described in section 134 of the 
        Workforce Investment Act of 1998 (29 U.S.C. 2864)) authorized 
        under other Federal laws are made available to the workers 
        covered by the petition to the extent authorized under such 
        laws; and
            (2) assist the Commission in the review of the petition by 
        verifying such information and providing such other assistance 
        as the Commission may request.
    (c) Actions by the Commission.--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.
    (d) Hearing.--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.

SEC. 102. GROUP ELIGIBILITY REQUIREMENTS.

    (a) Criteria.--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--
            (1) 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;
            (2) 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;
            (3)(A) sales or production, or both, of such company have 
        decreased absolutely;
            (B) there has been a shift by such workers' company to 
        other types of sales or products;
            (C) such workers' company has been closed or relocated or 
        acquired from another entity or foreign country; or
            (D) the sales or production or both have caused a shift 
        that contributed to such worker's separation or threat of 
        separation; and
            (4) 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--
                    (A) actions by the Federal Government;
                    (B) the low-cost of other forms of energy;
                    (C) the existence of State-to-State electricity 
                market competition; or
                    (D) other reasons as determined by the Commission.
    (b) Basis for Commission Determinations.--
            (1) In general.--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.
            (2) Additional information.--The Commission may seek 
        additional information to determine whether to certify a group 
        of workers--
                    (A) by contacting--
                            (i) officials or employees of the workers' 
                        company;
                            (ii) officials of certified or recognized 
                        unions or other duly authorized representatives 
                        of the group of workers; or
                            (iii) 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
                    (B) by using other available sources of 
                information.
            (3) Verification of information.--
                    (A) Certification.--The Commission shall require a 
                company or customer to certify--
                            (i) all information obtained under 
                        paragraph (1) from the company through 
                        questionnaires; and
                            (ii) 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.
                    (B) Use of subpoenas.--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.
                    (C) Protection of confidential information.--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.

SEC. 103. DETERMINATIONS AND CERTIFICATIONS.

    (a) In General.--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.
    (b) Publication.--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.
    (c) Termination of Certification.--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.

SEC. 104. BENEFIT INFORMATION TO WORKERS.

    (a) General Information.--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.
    (b) Written Notice to Individuals.--(1) 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 this title--
            (A) at the time such certification is made, if the worker 
        was partially or totally separated from the adversely affected 
        employment before such certification; or
            (B) at the time of the total or partial separation of the 
        worker from the adversely affected employment, if subparagraph 
        (A) does not apply.
    (c) Published Notice.--The Commission shall publish notice of the 
benefits available under this Act to workers covered by each 
certification made under this title in newspapers of general 
circulation in the areas in which such workers reside.
    (d) Notification to Department of Commerce.--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.

                       TITLE II--PROGRAM BENEFITS

                  Subtitle A--Readjustment Allowances

SEC. 201. QUALIFYING REQUIREMENTS FOR WORKERS.

    (a) General Qualifications.--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:
            (1) Such worker's total or partial separation before the 
        worker's application under this subtitle occurred--
                    (A) 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;
                    (B) before the expiration of the 2-year period 
                beginning on the date on which the determination under 
                section 103 was made; and
                    (C) before the termination date (if any) determined 
                pursuant to section 101.
            (2) 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--
                    (A) is on employer-authorized leave for purposes of 
                vacation, sickness, injury, maternity, or inactive duty 
                or active duty military service for training;
                    (B) 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;
                    (C) had his or her employment interrupted in order 
                to serve as a full-time representative of a labor 
                organization in such company; or
                    (D) is on call-up for purposes of active duty in a 
                reserve status in the Armed Forces of the United 
                States,
        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.
            (3) Such worker--
                    (A) 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;
                    (B) 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
                    (C) does not have an unexpired waiting period 
                applicable to the worker for any such unemployment 
                insurance.
            (4) 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.
            (5) Such worker--
                    (A)(i) is enrolled in a training program approved 
                by the Commission under section 222; and
                    (ii) the enrollment required under clause (i) 
                occurs no later than the latest of--
                            (I) 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;
                            (II) 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;
                            (III) 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;
                            (IV) 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
                            (V) 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);
                    (B) 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
                    (C) has received a written statement under 
                subsection (c)(1) after the date described in 
                subparagraph (B).
    (b) Disqualification.--If--
            (1) the Commission determines that--
                    (A) the adversely affected worker--
                            (i) has failed to begin participation in 
                        the training program the enrollment in which 
                        meets the requirement of subsection (a)(5); or
                            (ii) has ceased to participate in such 
                        training program before completing such 
                        training program; and
                    (B) there is no justifiable cause for such failure 
                or cessation; or
            (2) the certification made with respect to such worker 
        under subsection (c)(1) is revoked under subsection (c)(2),
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.
    (c) Waivers of Training Requirements.--
            (1) Issuance of waivers.--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:
                    (A) Health.--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.
                    (B) Enrollment unavailable.--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.
                    (C) Training not available.--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 
                (20 U.S.C. 2302), and employers), no training that is 
                suitable for the worker is available at a reasonable 
                cost, or no training funds are available.
                    (D) Nearing retirement.--The worker is within 3 
                years of the age of retirement.
            (2) Duration of waivers.--
                    (A) In general.--Except as provided in paragraph 
                (1)(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.
                    (B) Revocation.--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.

SEC. 202. WEEKLY AMOUNTS.

    (a) In General.--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--
            (1) any training allowance deductible under subsection (c); 
        and
            (2) 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)).
    (b) Greater of Transition Adjustment Allowance or Other Job 
Training Allowance.--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.
    (c) No Double-Dipping.--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.
    (d) Election of Transition Adjustment Allowance or Unemployment 
Insurance.--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--
            (1) 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
            (2) is otherwise entitled to a readjustment allowance.
    (e) Maximum Allowance.--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).

    Subtitle B--Training, Other Employment Services, and Allowances

SEC. 221. EMPLOYMENT AND CASE MANAGEMENT SERVICES.

    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:
            (1) Comprehensive and specialized assessment of skill 
        levels and service needs, including through--
                    (A) diagnostic testing and use of other assessment 
                tools; and
                    (B) in-depth interviewing and evaluation to 
                identify employment barriers and appropriate employment 
                goals.
            (2) Development of an individual employment plan to 
        identify employment goals and objectives and appropriate 
        training to achieve those goals and objectives.
            (3) 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.
            (4) 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 
        (20 U.S.C. 1070a-16), 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 (20 U.S.C. 1002)) 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 (20 
        U.S.C. 1070 et seq.).
            (5) 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.
            (6) Individual career counseling, including job search and 
        placement counseling, during the period in which the individual 
        is receiving an adjustment allowance or training under this 
        Act, and after receiving such training for purposes of job 
        placement.
            (7) Provision of employment statistics information, 
        including the provision of accurate information relating to 
        local, regional, and national labor market areas, including--
                    (A) job vacancy listings in such labor market 
                areas;
                    (B) information on jobs skills necessary to obtain 
                jobs identified in job vacancy listings described in 
                subparagraph (A);
                    (C) information relating to local occupations that 
                are in demand and earnings potential of such 
                occupations; and
                    (D) skills requirements for local occupations 
                described in subparagraph (C).
            (8) 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.

SEC. 222. TRAINING.

    (a) Approval for Training.--
            (1) Approval.--If the Commission determines, with respect 
        to an adversely affected worker or an adversely affected 
        incumbent worker, that--
                    (A) there is no suitable employment (which may 
                include technical and professional employment) 
                available for an adversely affected worker;
                    (B) the worker would benefit from appropriate 
                training;
                    (C) there is a reasonable expectation of employment 
                following completion of such training;
                    (D) 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);
                    (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 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.
            (2) Funding and limitation on total distribution of 
        funds.--(A) The total amount of payments that may be made under 
        paragraph (1) for any fiscal year shall not exceed 
        $250,000,000.
            (B) 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.
            (3) Reasonable expectation of employment.--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).
            (4) No double-dipping.--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--
                    (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.
    (b) Qualifying Training Programs.--
            (1) In general.--The training programs that may be approved 
        under subsection (a)(1) include--
                    (A) employer-based training, including--
                            (i) on-the-job training;
                            (ii) customized training; and
                            (iii) apprenticeship programs;
                    (B) any training program provided by a State 
                pursuant to title I of the Workforce Investment Act of 
                1998;
                    (C) any training program approved by a private 
                industry council established under section 102 of such 
                Act;
                    (D) any program of remedial education;
                    (E) any program of prerequisite education or 
                coursework required to enroll in training that may be 
                approved under this section;
                    (F) any training program for which all, or any 
                portion, of the costs of training the worker are paid--
                            (i) under any Federal or State program 
                        other than this Act; or
                            (ii) from any source other than this 
                        section;
                    (G) any other training program approved by the 
                Commission; and
                    (H) any training program or coursework at an 
                accredited institution of higher education (described 
                in section 102 of the Higher Education Act of 1965 (20 
                U.S.C. 1002)), including a training program or 
                coursework for the purpose of--
                            (i) obtaining a degree or certification; or
                            (ii) completing a degree or certification 
                        that the worker had previously begun at an 
                        accredited institution of higher education.
            (2) Limitation.--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--
                    (A) under any Federal or State program other than 
                this Act; or
                    (B) from any source other than this section.
            (3) Reasons for not approving training programs.--The 
        Commission shall not approve a training program if--
                    (A) all or a portion of the costs of such training 
                program are paid under any nongovernmental plan or 
                program;
                    (B) 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
                    (C) 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.
    (c) Supplemental Assistance.--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--
            (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.
    (d) On-the-Job Training Requirements.--
            (1) In general.--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).
            (2) Monthly payments.--The Commission shall pay the costs 
        of on-the-job training approved under paragraph (1) in monthly 
        installments.
            (3) Contracts for on-the-job training.--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.
            (4) Exclusion of certain employers.--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--
                    (A) continued, long-term employment as regular 
                employees; and
                    (B) 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.
            (5) Labor standards.--The Commission may pay the costs of 
        on-the-job training, notwithstanding any other provision of 
        this section, only if--
                    (A) 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);
                    (B) such training does not impair existing 
                contracts for services or collective bargaining 
                agreements;
                    (C) 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;
                    (D) no other individual is on layoff from the same, 
                or any substantially equivalent, job for which such 
                adversely affected worker is being trained;
                    (E) 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;
                    (F) 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;
                    (G) 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;
                    (H) 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;
                    (I) 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
                    (J) the employer has not taken, at any time, any 
                action which violated the terms of any certification 
                described in subparagraph (G) 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).
    (e) Eligibility.--An adversely affected worker may not be 
determined to be ineligible or disqualified for unemployment insurance 
or program benefits under this subtitle--
            (1) because the worker--
                    (A) is enrolled in training approved under 
                subsection (a);
                    (B) left work--
                            (i) that was not suitable employment in 
                        order to enroll in such training; or
                            (ii) 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
                            (iii) 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
            (2) 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.
    (f) Definitions.--For purposes of this section--
            (1) the term ``suitable employment'' 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
            (2) the term ``customized training'' means training that 
        is--
                    (A) designed to meet the special requirements of an 
                employer or group of employers;
                    (B) conducted with a commitment by the employer or 
                group of employers to employ an individual upon 
                successful completion of the training; and
                    (C) 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.

SEC. 223. JOB SEARCH ALLOWANCES.

    (a) Job Search Allowance Authorized.--
            (1) In general.--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.
            (2) Approval of applications.--The Commission may grant an 
        allowance pursuant to an application filed under paragraph (1) 
        when all of the following apply:
                    (A) The allowance is paid to assist an adversely 
                affected worker who has been totally separated in 
                securing a job within the United States.
                    (B) The Commission determines that the worker 
                cannot reasonably be expected to secure suitable 
                employment in the commuting area in which the worker 
                resides.
                    (C) The worker has filed an application for the 
                allowance with the Commission at such time and 
                containing such information as the Commission may 
                determine.
    (b) Amount of Allowance.--
            (1) In general.--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.
            (2) Maximum allowance.--Reimbursement under this subsection 
        may not exceed $1,250 for any worker.
            (3) Exception.--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.

SEC. 224. RELOCATION ALLOWANCES.

    (a) Relocation Allowance Authorized.--
            (1) In general.--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.
            (2) Conditions for granting allowance.--A relocation 
        allowance may be granted if all of the following terms and 
        conditions are met:
                    (A) The relocation allowance will assist an 
                adversely affected worker in relocating within the 
                United States.
                    (B) The Commission determines that the worker 
                cannot reasonably be expected to secure suitable 
                employment in the commuting area in which the worker 
                resides.
                    (C) The worker is totally separated from employment 
                at the time relocation commences.
                    (D) The worker--
                            (i) has obtained suitable employment 
                        affording a reasonable expectation of long-term 
                        duration in the area in which the worker wishes 
                        to relocate; or
                            (ii) has obtained a bona fide offer of such 
                        employment.
                    (E) The worker filed an application with the 
                Commission before--
                            (i) the later of--
                                    (I) the 425th day after the date of 
                                the certification under title I of this 
                                Act; or
                                    (II) the 425th day after the date 
                                of the worker's last total separation; 
                                or
                            (ii) the date that is the 182nd day after 
                        the date on which the worker concluded 
                        training.
    (b) Amount of Allowance.--Any relocation allowance granted to a 
worker under subsection (a) shall include--
            (1) 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 (1) and (2) specified in regulations 
        prescribed by the Commission) incurred in transporting the 
        worker, the worker's family, and household effects; and
            (2) a lump sum equivalent to 3 times the worker's average 
        weekly wage, up to a maximum payment of $1,250.
    (c) Limitations.--A relocation allowance may not be granted to a 
worker unless--
            (1) the relocation occurs within 182 days after the filing 
        of the application for relocation assistance; or
            (2) 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).

                     TITLE III--GENERAL PROVISIONS

SEC. 301. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established the Critical Employment 
Advisory Commission to administer and carry out all of the functions 
assigned to the Commission under this Act.
    (b) Membership and Appointment.--
            (1) In general.--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:
                    (A) 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;
                    (B) The Secretary of Commerce or the Secretary's 
                designee;
                    (C) The Secretary of Labor or the Secretary's 
                designee; and
                    (D) The Secretary of the Treasury or the 
                Secretary's designee.
            (2) Qualifications.--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.
    (c) Terms.--As designated by the President at the time of 
appointment, of the members first appointed, 5 members 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.
    (d) Vacancies.--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.
    (e) Rates of Pay for Members.--Members shall each be paid at a rate 
not to exceed level GS-15 of the General Schedule.
    (f) Director.--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.
    (g) Federal Employee Detailees.--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.
    (h) Powers of the Commission.--
            (1) In general.--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.
            (2) Agency information deadlines.--If information is 
        requested of 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.
            (3) Job impact analyses.--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.
            (4) Mails.--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.
            (5) Administrative support.--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.
    (i) Review and Audit.--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.

SEC. 302. AGREEMENTS WITH STATES.

    (a) In General.--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 ``cooperating States'' and 
``cooperating States agencies'' respectively). Under such an agreement, 
the cooperating State agency shall--
            (1) as agent of the United States, receive applications for 
        and provide payments on the basis provided in this Act;
            (2) 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
            (3) 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.
    (b) Terms and Conditions.--Each agreement under this section shall 
provide the terms and conditions upon which the agreement may be 
amended, suspended, or terminated.
    (c) Form and Manner of Data.--Each agreement under this section 
shall--
            (1) provide the Commission with the authority to collect 
        any data the Commission determines necessary to meet the 
        requirements of this Act; and
            (2) specify the form and manner in which any such data 
        requested by the Commission shall be reported.
    (d) Review.--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.
    (e) Coordination and Administration.--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.
    (f) Additional Responsibilities.--Each cooperating State agency 
shall, in carrying out subsection (a)(2)--
            (1) advise each worker who applies for unemployment 
        insurance of the benefits under this Act and the procedures and 
        deadlines for applying for such benefits;
            (2) 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;
            (3) 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;
            (4) 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
            (5) 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.
    (g) Control Measures.--
            (1) In general.--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.
            (2) Definition.--For purposes of paragraph (1), the term 
        ``control measures'' means measures that--
                    (A) are internal to a system used by a State to 
                collect data; and
                    (B) are designed to ensure the accuracy and 
                verifiability of such data.
    (h) Data Reporting.--
            (1) In general.--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--
                    (A) the core indicators of performance described in 
                paragraph (2)(A);
                    (B) the additional indicators of performance 
                described in paragraph (2)(B), if any; and
                    (C) a description of efforts made to improve 
                outcomes for workers under the adjustment assistance 
                program.
            (2) Core indicators described.--
                    (A) In general.--The core indicators of performance 
                described in this paragraph are--
                            (i) 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;
                            (ii) 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);
                            (iii) the average earnings of such workers 
                        who are employed during the 2 calendar quarters 
                        described in clause (ii); and
                            (iv) 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.
                    (B) Additional indicators.--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.
            (3) Standards with respect to reliability of data.--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.
    (i) Verification of Eligibility for Program Benefits.--
            (1) In general.--An agreement under this section shall 
        provide that the State shall periodically redetermine that a 
        worker receiving benefits under this section 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 (42 U.S.C. 1320b-7(d)) 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 section. 
        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 (42 
        U.S.C. 1320b-7(d)).
            (2) Procedures.--The Commission shall establish procedures 
        to ensure the uniform application by the States of the 
        requirements of this subsection.

SEC. 303. ADMINISTRATION ABSENT STATE AGREEMENT.

    (a) In General.--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.
    (b) Final Determination.--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 (42 
U.S.C. 405(g)).

SEC. 304. LIABILITY OF CERTIFYING AND DISBURSING OFFICERS.

    (a) No person designated by the Commission, or designated pursuant 
to an agreement under section 302, 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.
    (b) 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).

SEC. 305. FRAUD AND RECOVERY OF OVERPAYMENTS.

    (a) Overpayments.--
            (1) Liability for overpayment.--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--
                    (A) the payment was made without fault on the part 
                of such individual, and
                    (B) 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).
            (2) Recovery.--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.
    (b) Fraud.--If a cooperating State agency, the Commission, 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) Reversion to Treasury.--Any amount recovered under this section 
shall be returned to the Treasury of the United States.

SEC. 306. PENALTIES.

    Any person who--
            (1) 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 302; 
        or
            (2) 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,
shall be imprisoned for not more than one year, or fined under title 
18, United States Code, or both.

SEC. 307. AGENCY FUNDING LIMITATIONS AND AUTHORIZATION OF 
              APPROPRIATIONS.

    (a) Establishment of Fund.--
            (1) In general.--There is established in the Treasury of 
        the United States a separate account to be known as the 
        Transition Adjustment Assistance Fund.
            (2) Use.--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.
    (b) Authorization of Appropriations.--
            (1) Initial authorization.--There are authorized to be 
        appropriated to the Transition Adjustment Assistance Fund 
        established under subsection (a) for fiscal year 2019, 
        $500,000,000 to carry out this Act.
            (2) Subsequent authorizations.--
                    (A) In general.--There are authorized to be 
                appropriated to the Transition Adjustment Assistance 
                Fund established under subsection (a) for fiscal years 
                2020 through 2025, such sums as may be necessary to 
                carry out this Act.
                    (B) Sense of congress.--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--
                            (i) any amounts that remained unobligated 
                        from amounts appropriated pursuant to paragraph 
                        (1); and
                            (ii) 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.
    (c) Period of Expenditure.--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.
    (d) Reallotment of Funds.--
            (1) In general.--The Commission may--
                    (A) 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
                    (B) provide such reallotted funds to States to 
                carry out sections 221 through 224 in accordance with 
                procedures established by the Commission.
            (2) Requests by states.--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.
            (3) Availability of amounts.--The reallotment of funds 
        under paragraph (1) shall not extend the period for which such 
        funds are available for expenditure.

SEC. 308. AGENCY REPORTS OF WASTEFUL AND EXCESSIVE SPENDING REQUIRED.

    (a) Report on Wasteful and Excessive Spending.--With respect to 
each of fiscal years 2019 through 2024 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 ``IG report'') 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.
    (b) Implementation Required.--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.
    (c) Exception.--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.
    (d) Report on Implementation.--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--
            (1) the progress of the implementation of each 
        recommendation in the IG report;
            (2) the time period required to complete each such 
        implementation;
            (3) the wasteful and excessive spending, and duplicative 
        programs causing wasteful and excessive spending within each 
        agency described in the IG report;
            (4) the savings created from the completion of implementing 
        each recommendation; and
            (5) the reason each recommendation was not implemented 
        before the submission of the IG report.

SEC. 309. REGULATIONS.

    The Commission shall prescribe such regulations as may be necessary 
to carry out the provisions of this Act.

SEC. 310. SUBPOENA POWER.

    (a) In General.--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.
    (b) Contumacy.--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.
                                 <all>