I 

114TH CONGRESS 

1ST SESSION H. R. 3689 

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 

OCTOBER 6, 2015 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Healthy Employee Loss Prevention Act of 2015’’ of the 

6 ‘‘HELP Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 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. 

3 SEC. 2. DEFINITIONS. 

4 As used in this Act, the following definitions apply: 

5 (1) The term ‘‘adversely affected employment’’ 

6 means employment in a company or appropriate 

7 subdivision of a company, if workers of such com8 pany or subdivision are eligible to apply for adjust9 ment assistance under this Act. 


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1 (2) The term ‘‘adversely affected worker’’ 

2 means an individual who, because of lack of work in 

3 adversely affected employment— 

4 (A) has been totally or partially separated 

5 from such employment, or 

6 (B) has been totally separated from em7 ployment with the company in a subdivision of 

8 which such adversely affected employment ex9 ists. 

10 (3) The term ‘‘average weekly wage’’ means 

11 one-thirteenth of the total wages paid to an indi12 vidual in the high quarter. For purposes of this com13 putation, the high quarter shall be that quarter in 

14 which the individual’s total wages were highest 

15 among the first 4 of the last 5 completed calendar 

16 quarters immediately before the quarter in which oc17 curs the week with respect to which the computation 

18 is made. Such week shall be the week in which total 

19 separation occurred, or, in cases where partial sepa20 ration is claimed, an appropriate week, as defined in 

21 regulations prescribed by the Secretary. 

22 (4) The term ‘‘average weekly hours’’ means 

23 the average hours worked by the individual (exclud24 ing overtime) in the employment from which he has 

25 been or claims to have been separated in the 52 


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1 weeks (excluding weeks during which the individual 

2 was sick or on vacation) preceding the week speci3 fied in the last sentence of paragraph (3). 

4 (5) The term ‘‘benefit period’’ means, with re5 spect to an individual— 

6 (A) the benefit year and any ensuing pe7 riod, as determined under applicable State law, 

8 during which the individual is eligible for reg9 ular compensation, additional compensation, or 

10 extended compensation; or 

11 (B) the equivalent to such a benefit year 

12 or ensuing period provided for under the appli13 cable Federal unemployment insurance law. 

14 (6) The term ‘‘Commission’’ means the Critical 

15 Employment Advisory Commission established under 

16 section 301. 

17 (7)(A) The term ‘‘job search program’’ means 

18 a job search workshop or job finding club. 

19 (B) The term ‘‘job search workshop’’ means a 

20 short (1 to 3 days) seminar designed to provide par21 ticipants with knowledge that will enable the partici22 pants to find jobs. Subjects are not limited to, but 

23 should include, labor market information, resume 

24 writing, interviewing techniques, and techniques for 

25 finding job openings. 


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1 (C) The term ‘‘job finding club’’ means a job 

2 search workshop which includes a period (1 and 2 

3 weeks) of structured, supervised activity in which 

4 participants attempt to obtain jobs. 

5 (8) The term ‘‘on-the-job training’’ means 

6 training provided by an employer to an individual 

7 who is employed by the employer. 

8 (9) The term ‘‘partial separation’’ means, with 

9 respect to an individual who has not been totally 

10 separated, that he or she has had— 

11 (A) his or her hours of work reduced to 80 

12 percent or less of his or her average weekly 

13 hours in adversely affected employment; and 

14 (B) his or her wages reduced to 80 percent 

15 or less of his or her average weekly wage in 

16 such adversely affected employment. 

17 (10) The term ‘‘State agency’’ means the agen18 cy of the State which administers the State law. 

19 (11) The term ‘‘State law’’ means the unem20 ployment insurance law of the State approved by the 

21 Secretary of Labor under section 3304 of the Inter22 nal Revenue Code of 1986. 

23 (12) The term ‘‘total separation’’ means the 

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1 ment with a company in which, or in a subdivision 

2 of which, adversely affected employment exists. 

3 (13) The term ‘‘unemployment insurance’’ 

4 means the unemployment compensation payable to 

5 an individual under any State law or Federal unem6 ployment compensation law, including chapter 85 of 

7 title 5, United States Code, and the Railroad Unem8 ployment Insurance Act. The terms ‘‘regular com9 pensation’’, ‘‘additional compensation’’, and ‘‘ex10 tended compensation’’ have the same respective 

11 meanings that are given them in section 205 of the 

12 Federal-State Extended Unemployment Compensa13 tion Act of 1970 (26 U.S.C. 3304 note). 

14 (14) The term ‘‘week’’ means a week as defined 

15 in the applicable State law. 

16 (15) The term ‘‘week of unemployment’’ means 

17 a week of total, part-total, or partial unemployment 

18 as determined under the applicable State law or 

19 Federal unemployment insurance law. 

20 TITLE I—PETITIONS AND 

21 DETERMINATIONS 

22 SEC. 101. PETITIONS. 

23 (a) IN GENERAL.—A petition for certification of eligi24 bility to apply for adjustment assistance for a group of 

25 workers under this Act may be filed simultaneously with 


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1 the Commission and with the Governor of the State in 

2 which such workers’ company is located by any of the fol3 lowing: 

4 (1) The group of workers. 

5 (2) The certified or recognized union or other 

6 duly authorized representative of such workers. 

7 (3) Employers of such workers, one-stop opera8 tors or one-stop partners (as defined in section 101 

9 of the Workforce Investment Act of 1998 (29 U.S.C. 

10 2801)), including State employment security agen11 cies, or the State dislocated worker unit established 

12 under title I of such Act, on behalf of such workers. 

13 (b) ACTIONS BY A GOVERNOR.—Upon receipt of a pe14 tition filed under subsection (a), the Governor shall— 

15 (1) ensure that rapid response activities and ap16 propriate core and intensive services (as described in 

17 section 134 of the Workforce Investment Act of 

18 1998 (29 U.S.C. 2864)) authorized under other 

19 Federal laws are made available to the workers cov20 ered by the petition to the extent authorized under 

21 such laws; and 

22 (2) assist the Commission in the review of the 

23 petition by verifying such information and providing 

24 such other assistance as the Commission may re25 quest. 


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1 (c) ACTIONS BY THE COMMISSION.—Upon receipt of 

2 the petition, the Commission shall promptly publish notice 

3 in the Federal Register and on the website of the Commis4 sion that the Commission has received the petition and 

5 initiated an investigation. 

6 (d) HEARING.—If the petitioner, or any other person 

7 found by the Commission to have a substantial interest 

8 in the proceedings, submits not later than 10 days after 

9 the date of the Commission’s publication under subsection 

10 (c) a request for a hearing, the Commission shall provide 

11 for a public hearing and afford such interested persons 

12 an opportunity to be present, to produce evidence, and to 

13 be heard. 

14 SEC. 102. GROUP ELIGIBILITY REQUIREMENTS. 

15 (a) CRITERIA.—A group of workers shall be certified 

16 by the Commission as eligible to apply for adjustment as17 sistance under this Act pursuant to a petition filed under 

18 section 101 if the Commission determines that— 

19 (1) such workers were coal miners, coal utility 

20 workers, or other workers in the coal industry or a 

21 coal-dependent industry, as determined by the Com22 mission; 

23 (2) a significant number or proportion of the 

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1 come totally or partially separated or have experi2 enced or are threatened to experience a significant 

3 reduction in wages; 

4 (3)(A) sales or production, or both, of such 

5 company have decreased absolutely; 

6 (B) there has been a shift by such workers’ 

7 company to other types of sales or products; 

8 (C) such workers’ company has been closed or 

9 relocated or acquired from another entity or foreign 

10 country; or 

11 (D) the sales or production or both have caused 

12 a shift that contributed to such worker’s separation 

13 or threat of separation; and 

14 (4) the separation or partial separation or re15 duction in wages described in paragraph (1) any of 

16 the actions described in paragraph (2) the Commis17 sion determines to have occurred are directly attrib18 utable to— 

19 (A) actions by the Federal Government; 

20 (B) the low-cost of other forms of energy; 

21 (C) the existence of State-to-State elec22 tricity market competition; or 

23 (D) other reasons as determined by the 

24 Commission. 

25 (b) BASIS FOR COMMISSION DETERMINATIONS.— 


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1 (1) IN GENERAL.—The Commission shall, in 

2 determining whether to certify a group of workers 

3 under section 103, obtain from the workers’ com4 pany, or a customer of the workers’ company, infor5 mation the Commission determines to be necessary 

6 to make the certification, through questionnaires 

7 and in such other manner as the Commission deter8 mines appropriate. The Commission shall establish 

9 standards, including data requirements, for inves10 tigations of petitions filed under section 101 and cri11 teria for making determinations under section 103. 

12 (2) ADDITIONAL INFORMATION.—The Commis13 sion may seek additional information to determine 

14 whether to certify a group of workers— 

15 (A) by contacting— 

16 (i) officials or employees of the work17 ers’ company; 

18 (ii) officials of certified or recognized 

19 unions or other duly authorized representa20 tives of the group of workers; or 

21 (iii) the Administrator of the Environ22 mental Protection Agency, the Secretary of 

23 Energy, the Secretary of Labor, the Fed24 eral Energy Regulatory Commission, the 

25 United States Army Corps of Engineers, 


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1 the Secretary of the Interior, the United 

2 States Geological Survey, the Secretary of 

3 Agriculture, the Secretary of Commerce, or 

4 the Secretary of the Treasury, as applica5 ble; and 

6 (B) by using other available sources of in7 formation. 

8 (3) VERIFICATION OF INFORMATION.— 

9 (A) CERTIFICATION.—The Commission 

10 shall require a company or customer to cer11 tify— 

12 (i) all information obtained under 

13 paragraph (1) from the company through 

14 questionnaires; and 

15 (ii) all other information obtained 

16 under paragraph (1) from the company on 

17 which the Commission relies in making a 

18 determination under section 103, unless 

19 the Commission has a reasonable basis for 

20 determining that such information is accu21 rate and complete without being certified. 

22 (B) USE OF SUBPOENAS.—The Commis23 sion shall require the workers’ company to pro24 vide information requested by the Commission 

25 under paragraph (1) by subpoena pursuant to 


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1 section 310 if the company fails to provide the 

2 information within 20 days after the date of the 

3 Commission’s request, unless the company dem4 onstrates to the satisfaction of the Commission 

5 that the company will provide the information 

6 within a reasonable period of time. 

7 (C) PROTECTION OF CONFIDENTIAL IN8 FORMATION.—The Commission may not release 

9 information obtained under paragraph (1) that 

10 the Commission considers to be confidential 

11 business information unless the company sub12 mitting the confidential business information 

13 had notice, at the time of submission, that the 

14 information would be released by the Commis15 sion, or the company subsequently consents to 

16 the release of the information. Nothing in this 

17 subparagraph shall be construed to prohibit the 

18 Commission from providing such confidential 

19 business information to a court in camera or to 

20 another party under a protective order issued 

21 by a court. 

22 SEC. 103. DETERMINATIONS AND CERTIFICATIONS. 

23 (a) IN GENERAL.—As soon as possible after the date 

24 on which a petition is filed under section 101, but in any 

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1 sion shall determine whether the petitioning group meets 

2 the requirements of section 102 and shall issue a certifi3 cation of eligibility to apply for assistance under this Act 

4 covering workers in any group which meets such require5 ments. Each certification shall specify the date on which 

6 the total or partial separation began or threatened to 

7 begin. 

8 (b) PUBLICATION.—Not later than 5 days after 

9 reaching a determination on a petition, the Commission 

10 shall publish a summary of the determination in the Fed11 eral Register and on the website of the Commission, to12 gether with the Commission’s reasons for making such de13 termination. 

14 (c) TERMINATION OF CERTIFICATION.—Whenever 

15 the Commission determines, with respect to any certifi16 cation of eligibility of the workers of a company, that total 

17 or partial separations from such company are no longer 

18 attributable to the factors described in section 102(a), the 

19 Commission shall terminate such certification and prompt20 ly have notice of such termination published in the Federal 

21 Register and on the website of the Commission, together 

22 with the Commission’s reasons for making such deter23 mination. Such termination shall apply only with respect 

24 to total or partial separations occurring after the termi25 nation date specified by the Commission. 


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1 SEC. 104. BENEFIT INFORMATION TO WORKERS. 

2 (a) GENERAL INFORMATION.—The Commission shall 

3 provide full information to workers about the benefit al4 lowances, training, and other employment services avail5 able under this Act and about the petition and application 

6 procedures, and the appropriate filing dates, for such al7 lowances, training and services. The Commission shall 

8 provide whatever assistance is necessary to enable groups 

9 of workers to prepare petitions or applications for program 

10 benefits. The Commission shall make every effort to insure 

11 that cooperating State agencies fully comply with the 

12 agreements entered into under section 302 and shall peri13 odically review such compliance. The Commission shall in14 form the State Board for Vocational Education or equiva15 lent agency and other public or private agencies, institu16 tions, and employers, as appropriate, of each certification 

17 issued under section 103 and of projections, if available, 

18 of the needs for training under section 222 as a result 

19 of such certification. 

20 (b) WRITTEN NOTICE TO INDIVIDUALS.—(1) The 

21 Commission shall provide written notice through the mail 

22 of the benefits available under this Act to each worker 

23 whom the Commission has reason to believe is covered by 

24 a certification made under title I— 

25 (A) at the time such certification is made, if the 

26 worker was partially or totally separated from the 


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1 adversely affected employment before such certifi2 cation, or 

3 (B) at the time of the total or partial separa4 tion of the worker from the adversely affected em5 ployment, if subparagraph (A) does not apply. 

6 (c) PUBLISHED NOTICE.—The Commission shall 

7 publish notice of the benefits available under this Act to 

8 workers covered by each certification made under title I 

9 in newspapers of general circulation in the areas in which 

10 such workers reside. 

11 (d) NOTIFICATION TO DEPARTMENT OF COM12 MERCE.—Upon issuing a certification under section 103, 

13 the Commission shall notify the Secretary of Commerce 

14 of the identity of each company covered by the certifi15 cation. 

16 TITLE II—PROGRAM BENEFITS 

17 Subtitle A—Readjustment 

18 Allowances 

19 SEC. 201. QUALIFYING REQUIREMENTS FOR WORKERS. 

20 (a) GENERAL QUALIFICATIONS.—Payment of a read21 justment allowance shall be made to an adversely affected 

22 worker covered by a certification under title I who files 

23 an application for such allowance for any week of unem24 ployment which begins on or after the date of such certifi25 cation, if the following conditions are met: 


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1 (1) Such worker’s total or partial separation be2 fore the worker’s application under this subtitle oc3 curred— 

4 (A) on or after the date, as specified in the 

5 certification under which the worker is covered, 

6 on which total or partial separation began or 

7 threatened to begin in the adversely affected 

8 employment, 

9 (B) before the expiration of the 2-year pe10 riod beginning on the date on which the deter11 mination under section 103 was made, and 

12 (C) before the termination date (if any) de13 termined pursuant to section 101. 

14 (2) Such worker had, in the 52-week period 

15 ending with the week in which such total or partial 

16 separation occurred, at least 26 weeks of employ17 ment at wages of $30 or more a week in adversely 

18 affected employment with a single company, or, if 

19 data with respect to weeks of employment with a 

20 company are not available, equivalent amounts of 

21 employment computed under regulations prescribed 

22 by the Commission. For the purposes of this para23 graph, any week in which such worker— 

24 (A) is on employer-authorized leave for 

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1 nity, or inactive duty or active duty military 

2 service for training, 

3 (B) does not work because of a disability 

4 that is compensable under a workmen’s com5 pensation law or plan of a State or the United 

6 States, 

7 (C) had his or her employment interrupted 

8 in order to serve as a full-time representative of 

9 a labor organization in such company, or 

10 (D) is on call-up for purposes of active 

11 duty in a reserve status in the Armed Forces of 

12 the United States, 

13 shall be treated as a week of employment at wages 

14 of $30 or more, but not more than 7 weeks, in case 

15 of weeks described in subparagraph (A) or (C), or 

16 both (and not more than 26 weeks, in the case of 

17 weeks described in subparagraph (B) or (D)), may 

18 be treated as weeks of employment under this sen19 tence. 

20 (3) Such worker— 

21 (A) was entitled to (or would be entitled to 

22 if the worker applied therefor) unemployment 

23 insurance for a week within the benefit period 

24 (i) in which such total or partial separation 

25 took place, or (ii) which began (or would have 


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1 begun) by reason of the filing of a claim for un2 employment insurance by such worker after 

3 such total or partial separation; 

4 (B) has exhausted all rights to any unem5 ployment insurance, except additional com6 pensation that is funded by a State and is not 

7 reimbursed from any Federal funds, to which 

8 the worker was entitled (or would be entitled if 

9 the worker applied therefor); and 

10 (C) does not have an unexpired waiting pe11 riod applicable to the worker for any such un12 employment insurance. 

13 (4) Such worker, with respect to such week of 

14 unemployment, would not be disqualified for ex15 tended compensation payable under the Federal16 State Extended Unemployment Compensation Act of 

17 1970 by reason of the work acceptance and job 

18 search requirements in section 202(a)(3) of such 

19 Act. 

20 (5) Such worker— 

21 (A)(i) is enrolled in a training program ap22 proved by the Commission under section 222, 

23 and 

24 (ii) the enrollment required under clause 

25 (i) occurs no later than the latest of— 


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1 (I) in the case of a worker whose most 

2 recent total separation from adversely af3 fected employment that meets the require4 ments of paragraphs (1) and (2) occurs 

5 after the date on which the Commission 

6 issues a certification covering the worker, 

7 the last day of the 26th week after such 

8 total separation, 

9 (II) in the case of a worker whose 

10 most recent total separation from adversely 

11 affected employment that meets the re12 quirements of paragraphs (1) and (2) oc13 curs before the date on which the Commis14 sion issues a certification covering the 

15 worker, the last day of the 26th week after 

16 the date of such certification, 

17 (III) 45 days after the date specified 

18 in subclause (I) or (II), as the case may 

19 be, if the Commission determines there are 

20 extenuating circumstances that justify an 

21 extension in the enrollment period, 

22 (IV) in the case of a worker who fails 

23 to enroll by the date required by subclause 

24 (I), (II), or (III), as the case may be, due 

25 to the failure to provide the worker with 


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1 timely information regarding the date spec2 ified in such subclause, the last day of a 

3 period determined by the Commission, or 

4 (V) the last day of a period deter5 mined by the Commission to be approved 

6 for enrollment after the termination of a 

7 waiver issued pursuant to subsection (c), 

8 (B) has, after the date on which the work9 er became totally separated, or partially sepa10 rated, from the adversely affected employment, 

11 completed a training program approved by the 

12 Commission under section 222(a), or 

13 (C) has received a written statement under 

14 subsection (c)(1) after the date described in 

15 subparagraph (B). 

16 (b) DISQUALIFICATION.—If— 

17 (1) the Commission determines that— 

18 (A) the adversely affected worker— 

19 (i) has failed to begin participation in 

20 the training program the enrollment in 

21 which meets the requirement of subsection 

22 (a)(5), or 

23 (ii) has ceased to participate in such 

24 training program before completing such 

25 training program, and 


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1 (B) there is no justifiable cause for such 

2 failure or cessation, or 

3 (2) the certification made with respect to such 

4 worker under subsection (c)(1) is revoked under sub5 section (c)(2), 

6 no readjustment allowance may be paid to the adversely 

7 affected worker under this part for the week in which such 

8 failure, cessation, or revocation occurred, or any suc9 ceeding week, until the adversely affected worker begins 

10 or resumes participation in a training program approved 

11 under section 222. 

12 (c) WAIVERS OF TRAINING REQUIREMENTS.— 

13 (1) ISSUANCE OF WAIVERS.—The Commission 

14 may issue a written statement to an adversely af15 fected worker waiving the requirement to be enrolled 

16 in training described in subsection (a)(5)(A) if the 

17 Commission determines that it is not feasible or ap18 propriate for the worker, because of 1 or more of the 

19 following reasons: 

20 (A) HEALTH.—The worker is unable to 

21 participate in training due to the health of the 

22 worker, except that a waiver under this sub23 paragraph shall not be construed to exempt a 

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1 fusal to accept work under Federal or State un2 employment compensation laws. 

3 (B) ENROLLMENT UNAVAILABLE.—The 

4 first available enrollment date for the approved 

5 training of the worker is within 60 days after 

6 the date of the determination made under this 

7 paragraph, or, if later, there are extenuating 

8 circumstances for the delay in enrollment, as 

9 determined pursuant to guidelines issued by the 

10 Commission. 

11 (C) TRAINING NOT AVAILABLE.—Training 

12 approved by the Commission is not reasonably 

13 available to the worker from either govern14 mental agencies or private sources (which may 

15 include area career and technical education 

16 schools, as defined in section 3 of the Carl D. 

17 Perkins Career and Technical Education Act of 

18 2006 (20 U.S.C. 2302), and employers), no 

19 training that is suitable for the worker is avail20 able at a reasonable cost, or no training funds 

21 are available. 

22 (D) NEARING RETIREMENT.—The worker 

23 is within 3 years of the age of retirement. 

24 (2) DURATION OF WAIVERS.— 


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1 (A) IN GENERAL.—Except as provided in 

2 paragraph (3)(B), a waiver issued under para3 graph (1) shall be effective for not more than 

4 6 months after the date on which the waiver is 

5 issued, unless the Commission determines oth6 erwise. 

7 (B) REVOCATION.—The Commission shall 

8 revoke a waiver issued under paragraph (1) if 

9 the Commission determines that the basis of a 

10 waiver is no longer applicable to the worker and 

11 shall notify the worker in writing of the revoca12 tion. 

13 SEC. 202. WEEKLY AMOUNTS. 

14 (a) IN GENERAL.—Subject to subsections (b), (c), 

15 and (d), the readjustment allowance payable to an ad16 versely affected worker for a week of unemployment shall 

17 be an amount equal to the most recent weekly benefit 

18 amount of the unemployment insurance payable to the 

19 worker for a week of total unemployment preceding the 

20 worker’s first exhaustion of unemployment insurance (as 

21 determined for purposes of section 201(a)(3)(B)) reduced 

22 (but not below zero) by— 

23 (1) any training allowance deductible under 

24 subsection (c); and 


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1 (2) income that is deductible from unemploy2 ment insurance under the disqualifying income pro3 visions of the applicable State law or Federal unem4 ployment insurance law, except that in the case of 

5 an adversely affected worker who is participating in 

6 training under this Act, such income shall not in7 clude earnings from work for such week that are 

8 equal to or less than the most recent weekly benefit 

9 amount of the unemployment insurance payable to 

10 the worker for a week of total unemployment pre11 ceding the worker’s first exhaustion of unemploy12 ment insurance (as determined for purposes of sec13 tion 201(a)(3)(B)). 

14 (b) GREATER OF TRANSITION ADJUSTMENT ALLOW15 ANCE OR OTHER JOB TRAINING ALLOWANCE.—Any ad16 versely affected worker who is entitled to readjustment al17 lowances and who is undergoing training approved by the 

18 Commission, shall receive for each week in which he or 

19 she is undergoing any such training, a readjustment allow20 ance in an amount (computed for such week) equal to the 

21 amount computed under subsection (a) or (if greater) the 

22 amount of any weekly allowance for such training to which 

23 he would be entitled under any other Federal law for the 

24 training of workers, if he applied for such allowance. Such 

25 readjustment allowance shall be paid in lieu of any trainVerDate Sep 11 2014 00:09 Oct 14, 2015 Jkt 059200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H3689.IH H3689

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1 ing allowance to which the worker would be entitled under 

2 such other Federal law. 

3 (c) NO DOUBLE-DIPPING.—If a training allowance 

4 under any Federal law other than this Act, is paid to an 

5 adversely affected worker for any week of unemployment 

6 with respect to which he would be entitled (determined 

7 without regard to any disqualification under section 

8 201(b)) to a readjustment allowance if he applied for such 

9 allowance, each such week shall be deducted from the total 

10 number of weeks of readjustment allowance otherwise pay11 able to him or her under this section when he applies for 

12 a readjustment allowance and is determined to be entitled 

13 to such allowance. If such training allowance paid to such 

14 worker for any week of unemployment is less than the 

15 amount of the readjustment allowance to which he would 

16 be entitled if he applied for such allowance, he shall re17 ceive, when he applies for a readjustment allowance and 

18 is determined to be entitled to such allowance, a readjust19 ment allowance for such week equal to such difference. 

20 (d) ELECTION OF TRANSITION ADJUSTMENT AL21 LOWANCE OR UNEMPLOYMENT INSURANCE.—Notwith22 standing section 201(a)(3)(B), an adversely affected work23 er may elect to receive a readjustment allowance instead 

24 of unemployment insurance during any week with respect 

25 to which the worker— 


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1 (1) is entitled to receive unemployment insur2 ance as a result of the establishment by the worker 

3 of a new benefit year under State law, based in 

4 whole or in part upon part-time or short-term em5 ployment in which the worker engaged after the 

6 worker’s most recent total separation from adversely 

7 affected employment; and 

8 (2) is otherwise entitled to a readjustment al9 lowance. 

10 (e) MAXIMUM ALLOWANCE.—The maximum amount 

11 of readjustment allowances payable with respect to the pe12 riod covered by any certification to an adversely affected 

13 worker shall be the amount which is the product of 52 

14 multiplied by the readjustment allowance payable to the 

15 worker for a week of total unemployment (as determined 

16 under subsection (a)), but such product shall be reduced 

17 by the total sum of the unemployment insurance to which 

18 the worker was entitled (or would have been entitled if 

19 he had applied therefor) in the worker’s first benefit pe20 riod described in section 201(a)(3)(A). 


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1 Subtitle B—Training, Other Em2 ployment Services, and Allow3 ances 

4 SEC. 221. EMPLOYMENT AND CASE MANAGEMENT SERV5 ICES. 

6 The Commission shall make available, directly or 

7 through agreements with States under section 302, to ad8 versely affected workers and adversely affected incumbent 

9 workers covered by a certification under title I of this Act 

10 the following employment and case management services: 

11 (1) Comprehensive and specialized assessment 

12 of skill levels and service needs, including through— 

13 (A) diagnostic testing and use of other as14 sessment tools; and 

15 (B) in-depth interviewing and evaluation to 

16 identify employment barriers and appropriate 

17 employment goals. 

18 (2) Development of an individual employment 

19 plan to identify employment goals and objectives, 

20 and appropriate training to achieve those goals and 

21 objectives. 

22 (3) Information on training available in local 

23 and regional areas, information on individual coun24 seling to determine which training is suitable trainVerDate Sep 11 2014 00:09 Oct 14, 2015 Jkt 059200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H3689.IH H3689

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1 ing, and information on how to apply for such train2 ing. 

3 (4) Information on how to apply for financial 

4 aid, including referring workers to educational op5 portunity centers described in section 402F of the 

6 Higher Education Act of 1965 (20 U.S.C. 1070a– 

7 16), where applicable, and notifying workers that the 

8 workers may request financial aid administrators at 

9 institutions of higher education (as defined in sec10 tion 102 of such Act (20 U.S.C. 1002)) to use the 

11 administrators’ discretion under section 479A of 

12 such Act (20 U.S.C. 1087tt) to use current year in13 come data, rather than preceding year income data, 

14 for determining the amount of need of the workers 

15 for Federal financial assistance under title IV of 

16 such Act (20 U.S.C. 1070 et seq.). 

17 (5) Short-term prevocational services, including 

18 development of learning skills, communications 

19 skills, interviewing skills, punctuality, personal main20 tenance skills, and professional conduct to prepare 

21 individuals for employment or training. 

22 (6) Individual career counseling, including job 

23 search and placement counseling, during the period 

24 in which the individual is receiving a adjustment alVerDate Sep 11 2014 00:09 Oct 14, 2015 Jkt 059200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H3689.IH H3689

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1 lowance or training under this Act, and after receiv2 ing such training for purposes of job placement. 

3 (7) Provision of employment statistics informa4 tion, including the provision of accurate information 

5 relating to local, regional, and national labor market 

6 areas, including— 

7 (A) job vacancy listings in such labor mar8 ket areas; 

9 (B) information on jobs skills necessary to 

10 obtain jobs identified in job vacancy listings de11 scribed in subparagraph (A); 

12 (C) information relating to local occupa13 tions that are in demand and earnings potential 

14 of such occupations; and 

15 (D) skills requirements for local occupa16 tions described in subparagraph (C). 

17 (8) Information relating to the availability of 

18 supportive services, including services relating to 

19 child care, transportation, dependent care, housing 

20 assistance, and need-related payments that are nec21 essary to enable an individual to participate in train22 ing. 

23 SEC. 222. TRAINING. 

24 (a) APPROVAL FOR TRAINING.— 


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1 (1) APPROVAL.—If the Commission determines, 

2 with respect to an adversely affected worker or an 

3 adversely affected incumbent worker, that— 

4 (A) there is no suitable employment (which 

5 may include technical and professional employ6 ment) available for an adversely affected work7 er, 

8 (B) the worker would benefit from appro9 priate training, 

10 (C) there is a reasonable expectation of 

11 employment following completion of such train12 ing, 

13 (D) training approved by the Commission 

14 is reasonably available to the worker from ei15 ther governmental agencies or private sources 

16 (which may include area career and technical 

17 education schools, as defined in section 3 of the 

18 Carl D. Perkins Career and Technical Edu19 cation Act of 2006, and employers), 

20 (E) the worker is qualified to undertake 

21 and complete such training, and 

22 (F) such training is suitable for the worker 

23 and available at a reasonable cost, 

24 the Commission shall approve such training for the 

25 worker. Upon such approval, the worker shall be enVerDate Sep 11 2014 00:09 Oct 14, 2015 Jkt 059200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H3689.IH H3689

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1 titled to have payment of the costs of such training 

2 (subject to the limitations imposed by this section) 

3 paid on the worker’s behalf by the Commission di4 rectly or through a voucher system. Insofar as pos5 sible, the Secretary shall provide or assure the provi6 sion of such training on the job, which shall include 

7 related education necessary for the acquisition of 

8 skills needed for a position within a particular occu9 pation. 

10 (2) FUNDING AND LIMITATION ON TOTAL DIS11 TRIBUTION OF FUNDS.—(A) The total amount of 

12 payments that may be made under paragraph (1) 

13 for any fiscal year shall not exceed $250,000,000. 

14 (B) If, during any fiscal year, the Secretary es15 timates that the amount of funds necessary to pay 

16 the costs of training approved under this section will 

17 exceed the amount of the limitation imposed under 

18 subparagraph (A), the Secretary shall decide how 

19 the portion of such limitation that has not been ex20 pended at the time of such estimate is to be appor21 tioned among the States for the remainder of such 

22 fiscal year. 

23 (3) REASONABLE EXPECTATION OF EMPLOY24 MENT.—For purposes of applying paragraph (1)(C), 

25 a reasonable expectation of employment does not reVerDate Sep 11 2014 00:09 Oct 14, 2015 Jkt 059200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H3689.IH H3689

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1 quire that employment opportunities for a worker be 

2 available, or offered, immediately upon the comple3 tion of training approved under paragraph (1). 

4 (4) NO DOUBLE-DIPPING.—If the costs of train5 ing an adversely affected worker or an adversely af6 fected incumbent worker are paid by the Commis7 sion under paragraph (1), no other payment for 

8 such costs may be made under any other provision 

9 of Federal law. No payment may be made under 

10 paragraph (1) of the costs of training an adversely 

11 affected worker or an adversely affected incumbent 

12 worker if such costs— 

13 (A) have already been paid under any 

14 other provision of Federal law, or 

15 (B) are reimbursable under any other pro16 vision of Federal law and a portion of such 

17 costs have already been paid under such other 

18 provision of Federal law. 

19 (b) QUALIFYING TRAINING PROGRAMS.— 

20 (1) IN GENERAL.—The training programs that 

21 may be approved under subsection (a)(1) include— 

22 (A) employer-based training, including— 

23 (i) on-the-job training, 

24 (ii) customized training, and 

25 (iii) apprenticeship programs, 


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1 (B) any training program provided by a 

2 State pursuant to title I of the Workforce In3 vestment Act of 1998, 

4 (C) any training program approved by a 

5 private industry council established under sec6 tion 102 of such Act, 

7 (D) any program of remedial education, 

8 (E) any program of prerequisite education 

9 or coursework required to enroll in training that 

10 may be approved under this section, 

11 (F) any training program for which all, or 

12 any portion, of the costs of training the worker 

13 are paid— 

14 (i) under any Federal or State pro15 gram other than this Act, or 

16 (ii) from any source other than this 

17 section, 

18 (G) any other training program approved 

19 by the Commission, and 

20 (H) any training program or coursework at 

21 an accredited institution of higher education 

22 (described in section 102 of the Higher Edu23 cation Act of 1965 (20 U.S.C. 1002)), including 

24 a training program or coursework for the pur25 pose of— 


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1 (i) obtaining a degree or certification, 

2 or 

3 (ii) completing a degree or certifi4 cation that the worker had previously 

5 begun at an accredited institution of high6 er education. 

7 (2) LIMITATION.—The Commission may not 

8 limit approval of a training program under para9 graph (1) to a program provided pursuant to title I 

10 of the Workforce Investment Act of 1998 (29 U.S.C. 

11 2801 et seq.). The Commission is not required under 

12 paragraph (1) to pay the costs of any training ap13 proved under paragraph (1) to the extent that such 

14 costs are paid— 

15 (A) under any Federal or State program 

16 other than this Act, or 

17 (B) from any source other than this sec18 tion. 

19 (3) REASONS FOR NOT APPROVING TRAINING

20 PROGRAMS.—The Commission shall not approve a 

21 training program if— 

22 (A) all or a portion of the costs of such 

23 training program are paid under any non24 governmental plan or program, 


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1 (B) the adversely affected worker or ad2 versely affected incumbent worker has a right 

3 to obtain training or funds for training under 

4 such plan or program, and 

5 (C) such plan or program requires the 

6 worker to reimburse the plan or program from 

7 funds provided under this Act, or from wages 

8 paid under such training program, for any por9 tion of the costs of such training program paid 

10 under the plan or program. 

11 (c) SUPPLEMENTAL ASSISTANCE.—The Commission 

12 may, where appropriate, authorize supplemental assist13 ance necessary to defray reasonable transportation and 

14 subsistence expenses for separate maintenance when train15 ing is provided in facilities which are not within com16 muting distance of a worker’s regular place of residence. 

17 The Commission may not authorize— 

18 (1) payments for subsistence that exceed which19 ever is the lesser of (A) the actual per diem expenses 

20 for subsistence, or (B) payments at 50 percent of 

21 the prevailing per diem allowance rate authorized 

22 under the Federal travel regulations, or 

23 (2) payments for travel expenses exceeding the 

24 prevailing mileage rate authorized under the Federal 

25 travel regulations. 


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1 (d) ON-THE-JOB TRAINING REQUIREMENTS.— 

2 (1) IN GENERAL.—The Commission may ap3 prove on-the-job training for any adversely affected 

4 worker if— 

5 (A) the worker meets the requirements for 

6 training to be approved under subsection (a)(1); 

7 (B) the Commission determines that on8 the-job training— 

9 (i) can reasonably be expected to lead 

10 to suitable employment with the employer 

11 offering the on-the-job training; 

12 (ii) is compatible with the skills of the 

13 worker; 

14 (iii) includes a curriculum through 

15 which the worker will gain the knowledge 

16 or skills to become proficient in the job for 

17 which the worker is being trained; and 

18 (iv) can be measured by benchmarks 

19 that indicate that the worker is gaining 

20 such knowledge or skills; and 

21 (C) the State determines that the on-the22 job training program meets the requirements of 

23 clauses (iii) and (iv) of subparagraph (B). 


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1 (2) MONTHLY PAYMENTS.—The Commission 

2 shall pay the costs of on-the-job training approved 

3 under paragraph (1) in monthly installments. 

4 (3) CONTRACTS FOR ON-THE-JOB TRAINING.— 

5 The Commission shall ensure, in entering into a con6 tract with an employer to provide on-the-job training 

7 to a worker under this subsection, that the skill re8 quirements of the job for which the worker is being 

9 trained, the academic and occupational skill level of 

10 the worker, and the work experience of the worker 

11 are taken into consideration. Training under any 

12 such contract shall be limited to the period of time 

13 required for the worker receiving on-the-job training 

14 to become proficient in the job for which the worker 

15 is being trained, but may not exceed 104 weeks in 

16 any case. 

17 (4) EXCLUSION OF CERTAIN EMPLOYERS.—The 

18 Commission shall not enter into a contract for on19 the-job training with an employer that exhibits a 

20 pattern of failing to provide workers receiving on21 the-job training from the employer with— 

22 (A) continued, long-term employment as 

23 regular employees; and 

24 (B) wages, benefits, and working condi25 tions that are equivalent to the wages, benefits, 


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1 and working conditions provided to regular em2 ployees who have worked a similar period of 

3 time and are doing the same type of work as 

4 workers receiving on-the-job training from the 

5 employer. 

6 (5) LABOR STANDARDS.—The Commission may 

7 pay the costs of on-the-job training, notwithstanding 

8 any other provision of this section, only if— 

9 (A) no currently employed worker is dis10 placed by such adversely affected worker (in11 cluding partial displacement such as a reduction 

12 in the hours of non-overtime work, wages, or 

13 employment benefits), 

14 (B) such training does not impair existing 

15 contracts for services or collective bargaining 

16 agreements, 

17 (C) in the case of training which would be 

18 inconsistent with the terms of a collective bar19 gaining agreement, the written concurrence of 

20 the labor organization concerned has been ob21 tained, 

22 (D) no other individual is on layoff from 

23 the same, or any substantially equivalent, job 

24 for which such adversely affected worker is 

25 being trained, 


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1 (E) the employer has not terminated the 

2 employment of any regular employee or other3 wise reduced the workforce of the employer with 

4 the intention of filling the vacancy so created by 

5 hiring such adversely affected worker, 

6 (F) the job for which such adversely af7 fected worker is being trained is not being cre8 ated in a promotional line that will infringe in 

9 any way upon the promotional opportunities of 

10 currently employed individuals, 

11 (G) such training is not for the same occu12 pation from which the worker was separated 

13 and with respect to which such worker’s group 

14 was certified pursuant to section 103, 

15 (H) the employer is provided reimburse16 ment of not more than 50 percent of the wage 

17 rate of the participant, for the cost of providing 

18 the training and additional supervision related 

19 to the training, 

20 (I) the employer has not received payment 

21 under subsection (a)(1) with respect to any 

22 other on-the-job training provided by such em23 ployer which failed to meet the requirements of 

24 subparagraphs (A), (B), (C), (D), (E), and (F), 

25 and 


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1 (J) the employer has not taken, at any 

2 time, any action which violated the terms of any 

3 certification described in subparagraph (H) 

4 made by such employer with respect to any 

5 other on-the-job training provided by such em6 ployer for which the Commission has made a 

7 payment under subsection (a)(1). 

8 (e) ELIGIBILITY.—An adversely affected worker may 

9 not be determined to be ineligible or disqualified for unem10 ployment insurance or program benefits under this sub11 title— 

12 (1) because the worker— 

13 (A) is enrolled in training approved under 

14 subsection (a); 

15 (B) left work— 

16 (i) that was not suitable employment 

17 in order to enroll in such training; or 

18 (ii) that the worker engaged in on a 

19 temporary basis during a break in such 

20 training or a delay in the commencement 

21 of such training; or 

22 (iii) left on-the-job training not later 

23 than 30 days after commencing such train24 ing because the training did not meet the 

25 requirements of subsection (c)(1)(B); or 


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1 (2) because of the application to any such week 

2 in training of the provisions of State law or Federal 

3 unemployment insurance law relating to availability 

4 for work, active search for work, or refusal to accept 

5 work. 

6 (f) DEFINITIONS.—For purposes of this section— 

7 (1) the term ‘‘suitable employment’’ means, 

8 with respect to a worker, work of a substantially 

9 equal or higher skill level than the worker’s past ad10 versely affected employment, and wages for such 

11 work at not less than 80 percent of the worker’s av12 erage weekly wage; and 

13 (2) the term ‘‘customized training’’ means 

14 training that is— 

15 (A) designed to meet the special require16 ments of an employer or group of employers; 

17 (B) conducted with a commitment by the 

18 employer or group of employers to employ an 

19 individual upon successful completion of the 

20 training; and 

21 (C) for which the employer pays for a sig22 nificant portion (but in no case less than 50 

23 percent) of the cost of such training, as deter24 mined by the Commission. 


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1 SEC. 223. JOB SEARCH ALLOWANCES. 

2 (a) JOB SEARCH ALLOWANCE AUTHORIZED.— 

3 (1) IN GENERAL.—Each State may use funds 

4 made available to the State to carry out sections 221 

5 through 224 to allow an adversely affected worker 

6 covered by a certification issued under section 103 

7 to file an application with the Commission for pay8 ment of a job search allowance. 

9 (2) APPROVAL OF APPLICATIONS.—The Com10 mission may grant an allowance pursuant to an ap11 plication filed under paragraph (1) when all of the 

12 following apply: 

13 (A) The allowance is paid to assist an ad14 versely affected worker who has been totally 

15 separated in securing a job within the United 

16 States. 

17 (B) The Commission determines that the 

18 worker cannot reasonably be expected to secure 

19 suitable employment in the commuting area in 

20 which the worker resides. 

21 (C) The worker has filed an application for 

22 the allowance with the Commission at such time 

23 and containing such information as the Com24 mission may determine. 

25 (b) AMOUNT OF ALLOWANCE.— 


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1 (1) IN GENERAL.—Any allowance granted 

2 under subsection (a) shall provide reimbursement to 

3 the worker of not more than 90 percent of the nec4 essary job search expenses of the worker as pre5 scribed by the Commission in regulations. 

6 (2) MAXIMUM ALLOWANCE.—Reimbursement 

7 under this subsection may not exceed $1,250 for any 

8 worker. 

9 (3) EXCEPTION.—Notwithstanding subsection 

10 (b), a State may reimburse any adversely affected 

11 worker for necessary expenses incurred by the work12 er in participating in a job search program approved 

13 by the Commission. 

14 SEC. 224. RELOCATION ALLOWANCES. 

15 (a) RELOCATION ALLOWANCE AUTHORIZED.— 

16 (1) IN GENERAL.—Each State may use funds 

17 made available to the State to carry out sections 221 

18 through 224 to allow an adversely affected worker 

19 covered by a certification issued under section 103 

20 to file an application for a relocation allowance with 

21 the Commission, and the Commission may grant the 

22 relocation allowance, subject to the terms and condi23 tions of this section. 


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1 (2) CONDITIONS FOR GRANTING ALLOWANCE.— 

2 A relocation allowance may be granted if all of the 

3 following terms and conditions are met: 

4 (A) The relocation allowance will assist an 

5 adversely affected worker in relocating within 

6 the United States. 

7 (B) The Commission determines that the 

8 worker cannot reasonably be expected to secure 

9 suitable employment in the commuting area in 

10 which the worker resides. 

11 (C) The worker is totally separated from 

12 employment at the time relocation commences. 

13 (D) The worker— 

14 (i) has obtained suitable employment 

15 affording a reasonable expectation of long16 term duration in the area in which the 

17 worker wishes to relocate; or 

18 (ii) has obtained a bona fide offer of 

19 such employment. 

20 (E) The worker filed an application with 

21 the Commission before— 

22 (i) the later of— 

23 (I) the 425th day after the date 

24 of the certification under title I of this 

25 Act; or 


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1 (II) the 425th day after the date 

2 of the worker’s last total separation; 

3 or 

4 (ii) the date that is the 182d day 

5 after the date on which the worker con6 cluded training. 

7 (b) AMOUNT OF ALLOWANCE.—Any relocation allow8 ance granted to a worker under subsection (a) shall in9 clude— 

10 (1) not more than 90 percent of the reasonable 

11 and necessary expenses (including, but not limited 

12 to, subsistence and transportation expenses at levels 

13 not exceeding those allowable under section 222(b) 

14 (1) and (2) specified in regulations prescribed by the 

15 Commission) incurred in transporting the worker, 

16 the worker’s family, and household effects; and 

17 (2) a lump sum equivalent to 3 times the work18 er’s average weekly wage, up to a maximum pay19 ment of $1,250. 

20 (c) LIMITATIONS.—A relocation allowance may not be 

21 granted to a worker unless— 

22 (1) the relocation occurs within 182 days after 

23 the filing of the application for relocation assistance; 

24 or 


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1 (2) the relocation occurs within 182 days after 

2 the conclusion of training, if the worker entered a 

3 training program approved by the Commission under 

4 section 222(b) (1) and (2). 

5 TITLE III—GENERAL 

6 PROVISIONS 

7 SEC. 301. ESTABLISHMENT OF COMMISSION. 

8 (a) ESTABLISHMENT.—There is established the Crit9 ical Employment Advisory Commission to administer and 

10 carry out all of the functions assigned to the Commission 

11 under this Act. 

12 (b) MEMBERSHIP AND APPOINTMENT.— 

13 (1) IN GENERAL.—The Commission shall be 

14 composed of 23 members who, not later than 120 

15 days after the date of enactment shall be appointed 

16 in accordance with the following: 

17 (A) Twenty members appointed by the 

18 President based on five individuals rec19 ommended by each of Majority and Minority 

20 Leaders of the Senate and the Speaker and Mi21 nority Leader of the House of Representatives; 

22 (B) The Secretary of Commerce or the 

23 Secretary’s designee; 

24 (C) The Secretary of Labor or the Sec25 retary’s designee; and 


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1 (D) The Secretary of the Treasury or the 

2 Secretary’s designee. 

3 (2) QUALIFICATIONS.—The members appointed 

4 shall be appointed from among United States citi5 zens who are not officers or employees of any gov6 ernment. To the extent practicable, members shall 

7 have diverse experiences, expertise, and historical 

8 perspectives on manufacturing, industry, agriculture, 

9 trade, infrastructure, resources, development, labor, 

10 government and corporate policies, homeland secu11 rity, defense, contracting, energy, building and con12 struction, and small business. 

13 (c) TERMS.—As designated by the President at the 

14 time of appointment, 5 of the members first appointed 5 

15 shall be appointed for a term of 1 year, 5 members for 

16 a term of 2 years, 5 members for a term of 3 years, and 

17 5 members for a term of 4 years. 

18 (d) VACANCIES.—A vacancy in the Commission shall 

19 be filled in the manner in which the original appointment 

20 was made. A member appointed to fill a vacancy occurring 

21 before the expiration of the term for which the member’s 

22 predecessor was appointed shall be appointed only for the 

23 remainder of that term. A member may serve after the 

24 expiration of that member’s term until a successor has 

25 taken office. 


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1 (e) RATES OF PAY FOR MEMBERS.—Members shall 

2 each be paid at a rate not to exceed level GS–15 of the 

3 General Schedule. 

4 (f) DIRECTOR.—The Commission shall have a Direc5 tor who shall be appointed by the Commission from among 

6 nominations made by the Chairperson. The director shall 

7 be paid at a rate equal to the rate of basic pay for GS– 

8 15 of the General Schedule. 

9 (g) FEDERAL EMPLOYEE DETAILEES.—Upon re10 quest of the Director, the head of any Federal department 

11 or agency may detail, on a reimbursable basis, any of the 

12 personnel of that department or agency to the Commission 

13 to assist it in carrying out its duties under this section. 

14 (h) POWERS OF THE COMMISSION.— 

15 (1) IN GENERAL.—The Commission may, for 

16 the purpose of carrying out this Act, hold hearings, 

17 sit and act at times and places, take testimony, and 

18 receive evidence as the Commission considers appro19 priate. The Commission may secure directly from 

20 any department or agency of the United States in21 formation necessary to enable it to carry out this 

22 section. Upon request of the Chairperson of the 

23 Commission, the head of that department or agency 

24 shall furnish that information to the Commission. 


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1 (2) AGENCY INFORMATION DEADLINES.—If in2 formation is requested of the any of the agencies de3 scribed in section 102(b)(2)(A)(iii) and not received 

4 within 60 days, the Commission shall deem the cer5 tification as approved. The applicable agency may 

6 ask for an additional 30-day extension to be ap7 proved or disapproved by the Committee within 10 

8 days of the 60-day deadline. 

9 (3) JOB IMPACT ANALYSES.—The Commission 

10 is authorized to analyze and issue reports assessing 

11 the impact of any government action or of market 

12 conditions on jobs in any region of the United 

13 States, including the impact on specific occupations 

14 and an assessment of the net gain or loss of jobs as 

15 a result of the government action or of market con16 ditions. Such an analysis and report may also be re17 quested by a Federal agency or by a group of work18 ers petitioning for assistance under title I. Any re19 port issued by the Commission under this paragraph 

20 shall be transmitted to Congress and made available 

21 to the public on an Internet website. 

22 (4) MAILS.—The Commission may use the 

23 United States mail system in the same manner and 

24 under the same conditions as other departments and 

25 agencies of the United States. 


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1 (5) ADMINISTRATIVE SUPPORT.—Upon request 

2 of the Commission, the Administrator of General 

3 Services shall provide to the Commission, on a reim4 bursable basis, the administrative support services 

5 necessary for the Commission to carry out its re6 sponsibilities under this Act. 

7 (i) REVIEW AND AUDIT.—The Commission shall be 

8 subject to review and audit by the Comptroller General. 

9 Not later than 180 days after which all of the members 

10 are appointed to the Commission, and annually thereafter, 

11 the Commission shall transmit a report to Congress, to 

12 the President, and to the agencies described in section 

13 102(b)(2)(A)(iii). The report shall contain a detailed 

14 statement of the findings, conclusions of the Commission’s 

15 duties. 

16 SEC. 302. AGREEMENTS WITH STATES. 

17 (a) IN GENERAL.—The Commission is authorized on 

18 behalf of the United States to enter into an agreement 

19 with any State, or with any State agency (referred to in 

20 this title as ‘‘cooperating States’’ and ‘‘cooperating States 

21 agencies’’ respectively). Under such an agreement, the co22 operating State agency shall— 

23 (1) as agent of the United States, receive appli24 cations for and provide payments on the basis pro25 vided in this Act, 


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1 (2) in accordance with subsection (f), make 

2 available to adversely affected workers covered by a 

3 certification under section 203 the employment and 

4 case management services described in section 221, 

5 and 

6 (3) make any certifications required under sec7 tion 201(c) (2) and (4) and shall otherwise cooper8 ate with the Commission and with other State and 

9 Federal agencies in providing payments and services 

10 under this Act. 

11 (b) TERMS AND CONDITIONS.—Each agreement 

12 under this subchapter shall provide the terms and condi13 tions upon which the agreement may be amended, sus14 pended, or terminated. 

15 (c) FORM AND MANNER OF DATA.—Each agreement 

16 under this subchapter shall— 

17 (1) provide the Commission with the authority 

18 to collect any data the Commission determines nec19 essary to meet the requirements of this Act; and 

20 (2) specify the form and manner in which any 

21 such data requested by the Commission shall be re22 ported. 

23 (d) REVIEW.—A determination by a cooperating 

24 State agency with respect to entitlement to program bene25 fits under an agreement is subject to review in the same 


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1 manner and to the same extent as determinations under 

2 the applicable State law and only in that manner and to 

3 that extent. 

4 (e) COORDINATION AND ADMINISTRATION.—Any 

5 agreement entered into under this section shall provide for 

6 the coordination of the administration of the provisions 

7 for employment services, training, and supplemental as8 sistance under sections 221 and 222 of this Act and under 

9 title I of the Workforce Investment Act of 1998 upon such 

10 terms and conditions as are established by the Commission 

11 in consultation with the States and set forth in such agree12 ment. Any agency of the State jointly administering such 

13 provisions under such agreement shall be considered to be 

14 a cooperating State agency for purposes of this Act. 

15 (f) ADDITIONAL RESPONSIBILITIES.—Each cooper16 ating State agency shall, in carrying out subsection 

17 (a)(2)— 

18 (1) advise each worker who applies for unem19 ployment insurance of the benefits under this Act 

20 and the procedures and deadlines for applying for 

21 such benefits; 

22 (2) facilitate the early filing of petitions under 

23 section 101 for any workers that the agency con24 siders are likely to be eligible for benefits under this 

25 Act; 


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1 (3) advise each adversely affected worker to 

2 apply for training under section 222(a) before, or at 

3 the same time, the worker applies for readjustment 

4 allowances under subtitle A of title II; 

5 (4) perform outreach to, intake of, and orienta6 tion for adversely affected workers and adversely af7 fected incumbent workers covered by a certification 

8 under title I with respect to assistance and benefits 

9 available under this Act; and 

10 (5) make employment and case management 

11 services described in section 221 available to ad12 versely affected workers and adversely affected in13 cumbent workers covered by a certification under 

14 title I and, if funds provided to carry out this title 

15 are insufficient to make such services available, 

16 make arrangements to make such services available 

17 through other Federal programs. 

18 (g) CONTROL MEASURES.— 

19 (1) IN GENERAL.—The Commission shall re20 quire each cooperating State and cooperating State 

21 agency to implement effective control measures and 

22 to effectively oversee the operation and administra23 tion of the adjustment assistance program under 

24 this Act, including by means of monitoring the oper25 ation of control measures to improve the accuracy 


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1 and timeliness of the data being collected and re2 ported. 

3 (2) DEFINITION.—For purposes of paragraph 

4 (1), the term ‘‘control measures’’ means measures 

5 that— 

6 (A) are internal to a system used by a 

7 State to collect data; and 

8 (B) are designed to ensure the accuracy 

9 and verifiability of such data. 

10 (h) DATA REPORTING.— 

11 (1) IN GENERAL.—Any agreement entered into 

12 under this section shall require the cooperating State 

13 or cooperating State agency to report to the Com14 mission on a quarterly basis comprehensive perform15 ance accountability data, to consist of— 

16 (A) the core indicators of performance de17 scribed in paragraph (2)(A); 

18 (B) the additional indicators of perform19 ance described in paragraph (2)(B), if any; and 

20 (C) a description of efforts made to im21 prove outcomes for workers under the adjust22 ment assistance program. 

23 (2) CORE INDICATORS DESCRIBED.— 

24 (A) IN GENERAL.—The core indicators of 

25 performance described in this paragraph are— 


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1 (i) the percentage of workers receiving 

2 benefits under this Act who are employed 

3 during the first or second calendar quarter 

4 following the calendar quarter in which the 

5 workers cease receiving such benefits; 

6 (ii) the percentage of such workers 

7 who are employed during the 2 calendar 

8 quarters following the earliest calendar 

9 quarter during which the worker was em10 ployed as described in clause (i); 

11 (iii) the average earnings of such 

12 workers who are employed during the 2 

13 calendar quarters described in clause (ii); 

14 and 

15 (iv) the percentage of such workers 

16 who obtain a recognized postsecondary cre17 dential, including an industry-recognized 

18 credential, or a secondary school diploma 

19 or its recognized equivalent if combined 

20 with employment under clause (i), while re21 ceiving benefits under this Act or during 

22 the 1-year period after such workers cease 

23 receiving such benefits. 

24 (B) ADDITIONAL INDICATORS.—The Com25 mission and a cooperating State or cooperating 


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1 State agency may agree upon additional indica2 tors of performance for the adjustment assist3 ance program under this Act, as appropriate. 

4 (3) STANDARDS WITH RESPECT TO RELI5 ABILITY OF DATA.—In preparing the quarterly re6 port required by paragraph (1), each cooperating 

7 State or cooperating State agency shall establish 

8 procedures that are consistent with guidelines to be 

9 issued by the Commission to ensure that the data 

10 reported are valid and reliable. 

11 (i) VERIFICATION OF ELIGIBILITY FOR PROGRAM

12 BENEFITS.— 

13 (1) IN GENERAL.—An agreement under this 

14 subchapter shall provide that the State shall periodi15 cally redetermine that a worker receiving benefits 

16 under this subchapter who is not a citizen or na17 tional of the United States remains in a satisfactory 

18 immigration status. Once satisfactory immigration 

19 status has been initially verified through the immi20 gration status verification system described in sec21 tion 1137(d) of the Social Security Act (42 U.S.C. 

22 1320b–7(d)) for purposes of establishing a worker’s 

23 eligibility for unemployment compensation, the State 

24 shall reverify the worker’s immigration status if the 

25 documentation provided during initial verification 


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1 will expire during the period in which that worker is 

2 potentially eligible to receive benefits under this sub3 chapter. The State shall conduct such redetermina4 tion in a timely manner, utilizing the immigration 

5 status verification system described in section 

6 1137(d) of the Social Security Act (42 U.S.C. 

7 1320b–7(d)). 

8 (2) PROCEDURES.—The Commission shall es9 tablish procedures to ensure the uniform application 

10 by the States of the requirements of this subsection. 

11 SEC. 303. ADMINISTRATION ABSENT STATE AGREEMENT. 

12 (a) IN GENERAL.—In any State where there is no 

13 agreement in force between a State or its agency under 

14 section 302, the Commission shall, through regulations, 

15 arrange under regulations prescribed by him or her for 

16 performance of all necessary functions under title II, in17 cluding provision for a fair hearing for any worker whose 

18 application for payments is denied. 

19 (b) FINAL DETERMINATION.—A final determination 

20 under subsection (a) with respect to entitlement to pro21 gram benefits under title II is subject to review by the 

22 courts in the same manner and to the same extent as is 

23 provided by section 205(g) of the Social Security Act (42 

24 U.S.C. 405(g)). 


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1 SEC. 304. LIABILITY OF CERTIFYING AND DISBURSING OF2 FICERS. 

3 (a) No person designated by the Commission, or des4 ignated pursuant to an agreement under this subchapter, 

5 as a certifying officer, shall, in the absence of gross neg6 ligence or intent to defraud the United States, be liable 

7 with respect to any payment certified by him or her under 

8 this chapter. 

9 (b) No disbursing officer shall, in the absence of gross 

10 negligence or intent to defraud the United States, be liable 

11 with respect to any payment by him or her under this Act 

12 if it was based upon a voucher signed by a certifying offi13 cer designated as provided in subsection (a). 

14 SEC. 305. FRAUD AND RECOVERY OF OVERPAYMENTS. 

15 (a) OVERPAYMENTS.— 

16 (1) LIABILITY FOR OVERPAYMENT.—If a co17 operating State agency, the Commission, or a court 

18 of competent jurisdiction determines that any person 

19 has received any payment under this Act to which 

20 the person was not entitled, including a payment re21 ferred to in subsection (b), such person shall be lia22 ble to repay such amount to the State agency or the 

23 Commission, as the case may be, except that the 

24 State agency or the Commission shall waive such re25 payment if such agency or the Commission deter26 mines that— 


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1 (A) the payment was made without fault 

2 on the part of such individual, and 

3 (B) requiring such repayment would cause 

4 a financial hardship for the individual (or the 

5 individual’s household, if applicable) when tak6 ing into consideration the income and resources 

7 reasonably available to the individual (or house8 hold) and other ordinary living expenses of the 

9 individual (or household). 

10 (2) RECOVERY.—Unless an overpayment is oth11 erwise recovered, or waived under paragraph (1), the 

12 State agency or the Commission shall recover the 

13 overpayment by deductions from any sums payable 

14 to such person under this Act, under any Federal 

15 unemployment compensation law administered by 

16 the State agency or the Commission, or under any 

17 other Federal law administered by the State agency 

18 or the Commission which provides for the payment 

19 of assistance or an allowance with respect to unem20 ployment, and, notwithstanding any other provision 

21 of State law or Federal law to the contrary, the 

22 Commission may require the State agency to recover 

23 any overpayment under this Act by deduction from 

24 any unemployment insurance payable to such person 

25 under the State law, except that no single deduction 


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1 under this paragraph shall exceed 50 percent of the 

2 amount otherwise payable. 

3 (b) FRAUD.—If a cooperating State agency, the Com4 mission, or a court of competent jurisdiction determines 

5 that an individual— 

6 (1) knowingly has made, or caused another to 

7 make, a false statement or representation of a mate8 rial fact, or 

9 (2) knowingly has failed, or caused another to 

10 fail, to disclose a material fact, and as a result of 

11 such false statement or representation, or of such 

12 nondisclosure, such individual has received any pay13 ment under this Act to which the individual was not 

14 entitled, 

15 such individual shall, in addition to any other penalty pro16 vided by law, be ineligible for any further payments under 

17 this Act. 

18 (c) REVERSION TO TREASURY.—Any amount recov19 ered under this section shall be returned to the Treasury 

20 of the United States. 

21 SEC. 306. PENALTIES. 

22 Any person who— 

23 (1) makes a false statement of a material fact 

24 knowing it to be false, or knowingly fails to disclose 

25 a material fact, for the purpose of obtaining or inVerDate Sep 11 2014 00:09 Oct 14, 2015 Jkt 059200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H3689.IH H3689

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1 creasing for that person or for any other person any 

2 payment authorized to be furnished under this Act 

3 or pursuant to an agreement under section 239, or 

4 (2) makes a false statement of a material fact 

5 knowing it to be false, or knowingly fails to disclose 

6 a material fact, when providing information to the 

7 Commission during an investigation of a petition 

8 under section 221, 

9 shall be imprisoned for not more than one year, or fined 

10 under title 18, United States Code, or both. 

11 SEC. 307. AGENCY FUNDING LIMITATIONS AND AUTHORIZA12 TION OF APPROPRIATIONS. 

13 (a) ESTABLISHMENT OF FUND.— 

14 (1) IN GENERAL.—There is established in the 

15 Treasury of the United States a separate account to 

16 be known as the Transition Adjustment Assistance 

17 Fund. 

18 (2) USE.—Amounts in the Fund shall be avail19 able to the Commission for making expenditures to 

20 meet the obligations of the United States to carry 

21 out this Act. 

22 (b) AUTHORIZATION OF APPROPRIATIONS.— 

23 (1) INITIAL AUTHORIZATION.—There are au24 thorized to be appropriated to the Transition Adjust25 ment Assistance Fund established under subsection 


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1 (a) for fiscal year 2016, $500,000,000 to carry out 

2 this Act. 

3 (2) SUBSEQUENT AUTHORIZATIONS.— 

4 (A) IN GENERAL.—There are authorized to 

5 be appropriated to the Transition Adjustment 

6 Assistance Fund established under subsection 

7 (a) for fiscal years 2017 through 2022, such 

8 sums as may be necessary to carry out this Act. 

9 (B) SENSE OF CONGRESS.—It is the sense 

10 of Congress that in determining appropriations 

11 under subparagraph (A), the Committees on 

12 Appropriations of the House of Representatives 

13 and the Senate shall take into consideration— 

14 (i) any amounts that remained unobli15 gated from amounts appropriated pursuant 

16 to paragraph (1); and 

17 (ii) where available, the report re18 quired under section 308(d) regarding any 

19 savings created from the completion of im20 plementing recommendations of the Inspec21 tor General of the agencies described in 

22 section 102(b)(2)(A)(iii) to eliminate 

23 wasteful and excessive spending at each 

24 such Agency. 


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1 (c) PERIOD OF EXPENDITURE.—Funds obligated for 

2 any fiscal year to carry out activities under sections 221 

3 through 224 may be expended by each State receiving 

4 such funds during that fiscal year and the succeeding two 

5 fiscal years. 

6 (d) REALLOTMENT OF FUNDS.— 

7 (1) IN GENERAL.—The Commission may— 

8 (A) reallot funds that were allotted to any 

9 State to carry out sections 221 through 224 

10 and that remain unobligated by the State dur11 ing the second or third fiscal year after the fis12 cal year in which the funds were provided to the 

13 State; and 

14 (B) provide such reallotted funds to States 

15 to carry out sections 221 through 224 in ac16 cordance with procedures established by the 

17 Commission. 

18 (2) REQUESTS BY STATES.—In establishing 

19 procedures under paragraph (1)(B), the Commission 

20 shall include procedures that provide for the dis21 tribution of reallotted funds under that paragraph 

22 pursuant to requests submitted by States in need of 

23 such funds. 

24 (3) AVAILABILITY OF AMOUNTS.—The reallot25 ment of funds under paragraph (1) shall not extend 


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1 the period for which such funds are available for ex2 penditure. 

3 SEC. 308. AGENCY REPORTS OF WASTEFUL AND EXCESSIVE 

4 SPENDING REQUIRED. 

5 (a) REPORT ON WASTEFUL AND EXCESSIVE SPEND6 ING.—With respect to each of fiscal years 2016 through 

7 2021 the inspector general of the Agencies described in 

8 section 102(b)(2)(A)(iii) shall submit to the Administrator 

9 of each such Agency and to Congress a report (in this 

10 section referred to as the ‘‘IG report’’) regarding wasteful 

11 and excessive spending, or duplicative programs causing 

12 wasteful and excessive spending at such Agency, including 

13 recommendations for how to eliminate such wasteful and 

14 excessive spending. 

15 (b) IMPLEMENTATION REQUIRED.—Not later than 2 

16 years after the submission of the report required under 

17 subsection (a), and except as provided in subsection (c), 

18 the head of each Agency described in section 

19 102(b)(2)(A)(iii) shall implement all of the reasonable and 

20 cost-effective recommendations in such reports. 

21 (c) EXCEPTION.—The implementation requirement 

22 in subsection (b) shall not apply to a recommendation by 

23 an inspector general that would violate an existing law. 

24 With regard to any such recommendation, the head of 

25 each Agency described in section 102(b)(2)(A)(iii) shall 


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1 submit to Congress a description of the necessary change 

2 to the law to legally implement the recommendation. 

3 (d) REPORT ON IMPLEMENTATION.—Not later than 

4 6 months after the end of the implementation period de5 scribed in subsection (b), the head of each Agency de6 scribed in section 102(b)(2)(A)(iii) shall submit to Con7 gress a report on— 

8 (1) the progress of the implementation of each 

9 recommendation in the IG report; 

10 (2) the time period required to complete each 

11 such implementation; 

12 (3) the wasteful and excessive spending, and 

13 duplicative programs causing wasteful and excessive 

14 spending within each agency described in the IG re15 port; 

16 (4) the savings created from the completion of 

17 implementing each recommendation; and 

18 (5) the reason each recommendation was not 

19 implemented before the submission of the IG report. 

20 SEC. 309. REGULATIONS. 

21 The Commission shall prescribe such regulations as 

22 may be necessary to carry out the provisions of this Act. 

23 SEC. 310. SUBPOENA POWER. 

24 (a) IN GENERAL.—The Commission may require by 

25 subpoena the attendance of witnesses and the production 


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1 of evidence necessary for the Commission to make a deter2 mination under the provisions of this chapter. 

3 (b) CONTUMACY.—If a person refuses to obey a sub4 poena issued under subsection (a), a United States district 

5 court within the jurisdiction of which the relevant pro6 ceeding under this Act is conducted may, upon petition 

7 by the Commission, issue an order requiring compliance 

8 with such subpoena. 

Æ 


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