172 
ceiving wage adjustment assistance under this 
subsection shall not be eligible for unemploy-
ment insurance otherwise payable to such work-
er under the laws of the State. 
(D) RESPONSIBILITIES
OF
COOPERATING 
AGENCIES.—The State or State agency shall 
perform outreach to adversely affected workers 
in the State covered by a certification under 
subsection (d) with respect to the assistance 
available to such workers under this subsection. 
(E) STATE FUNDS.—The Secretary shall 
provide funds to the State or State agency to 
provide the assistance described in this sub-
section, and in addition to such funds, the State 
shall receive a payment from the Secretary in 
an amount that is equal to 15 percent of the 
amount of such funds for administrative ex-
penses, including— 
(i) reviewing petitions under sub-
section (b)(3); 
(ii) collecting, validating, and report-
ing data required under this section; 
(iii) providing information and em-
ployment services; and 
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173 
(iv) administering wage adjustments 
under this subsection. 
(3) WAGE ADJUSTMENT ASSISTANCE.— 
(A) ELIGIBILITY.—Payment of a wage ad-
justment assistance shall be made to an ad-
versely affected worker covered by a certifi-
cation published by the Secretary of Labor pur-
suant to subsection (d) who files an application 
with a State or State agency under paragraph 
(1) for such assistance for any month of total 
separation or partial separation from employ-
ment with an impacted employer, if the fol-
lowing conditions are met: 
(i) The first month of such total sepa-
ration or partial separation occurred dur-
ing the period beginning on the date that 
is 1 year before, and ending on the date 
that is 2 years after, the date of such cer-
tification. 
(ii) Such worker had, in the 52-week 
period ending with the week in which such 
total separation or partial separation first 
occurred, at least 26 weeks of full-time em-
ployment or 1,040 hours of part-time em-
ployment with an impacted employer, or, if 
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174 
data with respect to weeks of employment 
are not available, equivalent amounts of 
employment computed under regulations 
prescribed by the Secretary of Labor. For 
the purposes of this clause, a week shall be 
treated as a week of employment in which 
such worker— 
(I) is on employer-authorized 
leave for purposes of vacation, sick-
ness, injury, parental or family leave, 
or inactive duty or active duty mili-
tary service for training; 
(II) 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; 
(III) had employment interrupted 
in order to serve as a full-time rep-
resentative of a labor organization in 
such firm; or 
(IV) performs service in the uni-
formed services as such term is de-
fined in section 4303 of title 38, 
United States Code. 
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175 
(B) INELIGIBILITY
FOR
CERTAIN
OTHER 
BENEFITS.—An adversely affected worker re-
ceiving a payment under this subsection shall 
be ineligible to receive any other form of unem-
ployment insurance for the period in which such 
worker is receiving a wage adjustment assist-
ance under this section. 
(C) PAYMENTS.— 
(i) AMOUNTS.—Payments under this 
subsection shall be provided to an indi-
vidual in an amount which, for each month 
during an applicable period, is equal to— 
(I) the average amount of month-
ly remuneration for employment paid 
to such individual during the 12- 
month period prior to the first month 
of total separation or partial separa-
tion identified in subparagraph (A)(i); 
minus 
(II) an amount equal to the sum 
of— 
(aa) any wages received by 
such individual with respect to 
employment during such month; 
plus 
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176 
(bb) any payments made to 
such individual pursuant to a 
Federal benefit program during 
such month. 
(ii) NOTIFICATION.—During the ap-
plicable period, an eligible individual shall 
notify the Secretary of Labor or cooper-
ating State agency, if applicable, with re-
spect to any wages, payments, or com-
pensation described in clause (i)(II)(aa). 
(iii) APPLICABLE PERIOD.—For pur-
poses of this subsection, the term ‘‘applica-
ble period’’ means, with respect to an indi-
vidual receiving assistance under this sub-
section, the 36-month period subsequent to 
the first month of total separation or par-
tial separation identified in subparagraph 
(A)(i). 
(iv) FREQUENCY.—Any payment to 
an eligible individual under this subsection 
shall be provided on a basis which is not 
less frequent than once per month during 
the applicable period. 
(v) ADJUSTMENT FOR INFLATION.— 
In the case of a calendar year beginning 
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after the date that the employment of an 
eligible individual is terminated, the dollar 
amount of the payment determined under 
subsection (a) shall be increased by an 
amount equal to— 
(I) such dollar amount, multi-
plied by 
(II) the cost-of-living adjustment 
determined under section 1(f)(3) of 
the Internal Revenue Code of 1986 
for such calendar year, determined by 
substituting ‘‘calendar year 2023’’ for 
‘‘calendar year 2016’’ in subpara-
graph (A)(ii) thereof. 
(vi) TAX TREATMENT.—For purposes 
of the Internal Revenue Code of 1986, the 
amount of any payment provided to a 
qualified individual under this subsection 
shall be included in gross income and 
treated as wages (as defined in section 
3121(a) of such Code). 
(4) ADMINISTRATION
ABSENT
STATE
AGREE-
MENT.—For any State where there is no agreement 
in force between a State or its agency under para-
graph (1), the Secretary of Labor shall promulgate 
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179 
er, and each child of such worker, may receive the 
educational assistance provided under the program. 
(3) EMPLOYMENT SERVICES AND TRAINING.— 
The Secretary of Labor shall provide, directly or 
through agreements with the States similar to agree-
ments described in subsection (e), to adversely af-
fected workers covered by a certification under this 
section information related to, and, when appro-
priate, facilitate enrollment in— 
(A) training, employment counseling, em-
ployment opportunities, and placement services 
for adversely affected workers, available in local 
and regional areas, including information on 
how to apply for such training and services; 
(B) training programs and other services 
provided by a State pursuant to title I of the 
Workforce Innovation and Opportunity Act (29 
U.S.C. 3111 et seq.) and available in local and 
regional areas, including information on how to 
apply for such training; 
(C) educational opportunities and informa-
tion related financial aid, including referring 
workers to educational opportunity centers de-
scribed in section 402F of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1070a–16); 
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180 
(D) short-term prevocational services, in-
cluding development of learning skills, commu-
nications skills, interviewing skills, personal 
maintenance skills, and professional conduct to 
prepare individuals for employment or training; 
and 
(E) support services in local and regional 
areas, including services related to childcare, 
personal counseling (including substance abuse 
treatment, suicide prevention, and mental 
health care), family counseling, bankruptcy and 
financial counseling, transportation, dependent 
care, housing assistance, and need-related pay-
ments. 
(g) FRAUD AND RECOVERY OF OVERPAYMENTS.— 
(1) RECOVERY OF PAYMENTS TO WHICH AN IN-
DIVIDUAL WAS NOT ENTITLED.—If the Secretary of 
Labor or a court of competent jurisdiction deter-
mines that any person has received any payment 
under this section to which the individual was not 
entitled, such individual shall be liable to repay such 
amount to the Secretary of Labor or to the State 
that made such payment pursuant to an agreement 
under subsection (e), except that the Secretary of 
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181 
Labor or such State may waive such repayment if 
the Secretary or the State 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 tak-
ing into consideration the income and resources 
reasonably available to the individual (or house-
hold) and other ordinary living expenses of the 
individual (or household). 
(2) MEANS OF RECOVERY.—Unless an overpay-
ment is otherwise recovered, or waived under para-
graph (1), the Secretary of Labor shall recover the 
overpayment by deductions from any sums payable 
to such person under this section, under any Federal 
unemployment compensation law, or other Federal 
law administered by the Secretary of Labor which 
provides for the payment of assistance with respect 
to unemployment. Any amount recovered under this 
section shall be returned to the Treasury of the 
United States. 
Æ 
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