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 pro-
vide 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 Representa-
tives 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 2015’’ of the 
‘‘HELP Act’’. 
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(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 com-
pany or subdivision are eligible to apply for adjust-
ment assistance under this Act. 
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(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 em-
ployment with the company in a subdivision of 
which such adversely affected employment ex-
ists. 
(3) The term ‘‘average weekly wage’’ means 
one-thirteenth of the total wages paid to an indi-
vidual in the high quarter. For purposes of this com-
putation, 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 oc-
curs 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 sepa-
ration 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 (exclud-
ing overtime) in the employment from which he has 
been or claims to have been separated in the 52 
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weeks (excluding weeks during which the individual 
was sick or on vacation) preceding the week speci-
fied in the last sentence of paragraph (3). 
(5) The term ‘‘benefit period’’ means, with re-
spect to an individual— 
(A) the benefit year and any ensuing pe-
riod, as determined under applicable State law, 
during which the individual is eligible for reg-
ular compensation, additional compensation, or 
extended compensation; or 
(B) the equivalent to such a benefit year 
or ensuing period provided for under the appli-
cable 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 par-
ticipants with knowledge that will enable the partici-
pants to find jobs. Subjects are not limited to, but 
should include, labor market information, resume 
writing, interviewing techniques, and techniques for 
finding job openings. 
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(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 agen-
cy of the State which administers the State law. 
(11) The term ‘‘State law’’ means the unem-
ployment insurance law of the State approved by the 
Secretary of Labor under section 3304 of the Inter-
nal Revenue Code of 1986. 
(12) The term ‘‘total separation’’ means the 
layoff or severance of an individual from employ-
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the Commission and with the Governor of the State in 
which such workers’ company is located by any of the fol-
lowing: 
(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 opera-
tors 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 agen-
cies, 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 pe-
tition filed under subsection (a), the Governor shall— 
(1) ensure that rapid response activities and ap-
propriate 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 cov-
ered 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 re-
quest. 
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(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 Commis-
sion 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 as-
sistance 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 Com-
mission; 
(2) a significant number or proportion of the 
workers in such workers’ company have become to-
tally or partially separated, or are threatened to be-
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come totally or partially separated or have experi-
enced 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 re-
duction in wages described in paragraph (1) any of 
the actions described in paragraph (2) the Commis-
sion determines to have occurred are directly attrib-
utable to— 
(A) actions by the Federal Government; 
(B) the low-cost of other forms of energy; 
(C) the existence of State-to-State elec-
tricity market competition; or 
(D) other reasons as determined by the 
Commission. 
(b) BASIS FOR COMMISSION DETERMINATIONS.— 
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(1) IN
GENERAL.—The Commission shall, in 
determining whether to certify a group of workers 
under section 103, obtain from the workers’ com-
pany, or a customer of the workers’ company, infor-
mation the Commission determines to be necessary 
to make the certification, through questionnaires 
and in such other manner as the Commission deter-
mines appropriate. The Commission shall establish 
standards, including data requirements, for inves-
tigations of petitions filed under section 101 and cri-
teria for making determinations under section 103. 
(2) ADDITIONAL INFORMATION.—The Commis-
sion may seek additional information to determine 
whether to certify a group of workers— 
(A) by contacting— 
(i) officials or employees of the work-
ers’ company; 
(ii) officials of certified or recognized 
unions or other duly authorized representa-
tives of the group of workers; or 
(iii) the Administrator of the Environ-
mental Protection Agency, the Secretary of 
Energy, the Secretary of Labor, the Fed-
eral Energy Regulatory Commission, the 
United States Army Corps of Engineers, 
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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 applica-
ble; and 
(B) by using other available sources of in-
formation. 
(3) VERIFICATION OF INFORMATION.— 
(A) 
CERTIFICATION.—The 
Commission 
shall require a company or customer to cer-
tify— 
(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 accu-
rate and complete without being certified. 
(B) USE OF SUBPOENAS.—The Commis-
sion shall require the workers’ company to pro-
vide information requested by the Commission 
under paragraph (1) by subpoena pursuant to 
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section 310 if the company fails to provide the 
information within 20 days after the date of the 
Commission’s request, unless the company dem-
onstrates to the satisfaction of the Commission 
that the company will provide the information 
within a reasonable period of time. 
(C) PROTECTION
OF
CONFIDENTIAL
IN-
FORMATION.—The Commission may not release 
information obtained under paragraph (1) that 
the Commission considers to be confidential 
business information unless the company sub-
mitting the confidential business information 
had notice, at the time of submission, that the 
information would be released by the Commis-
sion, 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 Commis-
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sion shall determine whether the petitioning group meets 
the requirements of section 102 and shall issue a certifi-
cation of eligibility to apply for assistance under this Act 
covering workers in any group which meets such require-
ments. 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 Fed-
eral Register and on the website of the Commission, to-
gether with the Commission’s reasons for making such de-
termination. 
(c) TERMINATION
OF CERTIFICATION.—Whenever 
the Commission determines, with respect to any certifi-
cation 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 prompt-
ly 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 deter-
mination. Such termination shall apply only with respect 
to total or partial separations occurring after the termi-
nation date specified by the Commission. 
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SEC. 104. BENEFIT INFORMATION TO WORKERS. 
(a) GENERAL INFORMATION.—The Commission shall 
provide full information to workers about the benefit al-
lowances, training, and other employment services avail-
able under this Act and about the petition and application 
procedures, and the appropriate filing dates, for such al-
lowances, 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 peri-
odically review such compliance. The Commission shall in-
form the State Board for Vocational Education or equiva-
lent agency and other public or private agencies, institu-
tions, 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 title I— 
(A) at the time such certification is made, if the 
worker was partially or totally separated from the 
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adversely affected employment before such certifi-
cation, or 
(B) at the time of the total or partial separa-
tion of the worker from the adversely affected em-
ployment, 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 title I 
in newspapers of general circulation in the areas in which 
such workers reside. 
(d) NOTIFICATION
TO
DEPARTMENT
OF
COM-
MERCE.—Upon issuing a certification under section 103, 
the Commission shall notify the Secretary of Commerce 
of the identity of each company covered by the certifi-
cation. 
TITLE II—PROGRAM BENEFITS 
Subtitle A—Readjustment 
Allowances 
SEC. 201. QUALIFYING REQUIREMENTS FOR WORKERS. 
(a) GENERAL QUALIFICATIONS.—Payment of a read-
justment 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 unem-
ployment which begins on or after the date of such certifi-
cation, if the following conditions are met: 
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(1) Such worker’s total or partial separation be-
fore the worker’s application under this subtitle oc-
curred— 
(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 pe-
riod beginning on the date on which the deter-
mination under section 103 was made, and 
(C) before the termination date (if any) de-
termined 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 employ-
ment 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 para-
graph, any week in which such worker— 
(A) is on employer-authorized leave for 
purposes of vacation, sickness, injury, mater-
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nity, 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 com-
pensation 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 sen-
tence. 
(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 
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begun) by reason of the filing of a claim for un-
employment insurance by such worker after 
such total or partial separation; 
(B) has exhausted all rights to any unem-
ployment insurance, except additional com-
pensation 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 pe-
riod applicable to the worker for any such un-
employment insurance. 
(4) Such worker, with respect to such week of 
unemployment, would not be disqualified for ex-
tended 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 ap-
proved by the Commission under section 222, 
and 
(ii) the enrollment required under clause 
(i) occurs no later than the latest of— 
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(I) in the case of a worker whose most 
recent total separation from adversely af-
fected employment that meets the require-
ments 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 re-
quirements of paragraphs (1) and (2) oc-
curs before the date on which the Commis-
sion 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 
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timely information regarding the date spec-
ified in such subclause, the last day of a 
period determined by the Commission, or 
(V) the last day of a period deter-
mined 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 work-
er became totally separated, or partially sepa-
rated, 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 
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(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 sub-
section (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 suc-
ceeding 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 af-
fected 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 ap-
propriate 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 sub-
paragraph shall not be construed to exempt a 
worker from requirements relating to the avail-
ability for work, active search for work, or re-
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fusal to accept work under Federal or State un-
employment 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 govern-
mental 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 avail-
able 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.— 
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(A) IN GENERAL.—Except as provided in 
paragraph (3)(B), a waiver issued under para-
graph (1) shall be effective for not more than 
6 months after the date on which the waiver is 
issued, unless the Commission determines oth-
erwise. 
(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 revoca-
tion. 
SEC. 202. WEEKLY AMOUNTS. 
(a) IN GENERAL.—Subject to subsections (b), (c), 
and (d), the readjustment allowance payable to an ad-
versely 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 
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(2) income that is deductible from unemploy-
ment insurance under the disqualifying income pro-
visions of the applicable State law or Federal unem-
ployment insurance law, except that in the case of 
an adversely affected worker who is participating in 
training under this Act, such income shall not in-
clude 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 pre-
ceding the worker’s first exhaustion of unemploy-
ment insurance (as determined for purposes of sec-
tion 201(a)(3)(B)). 
(b) GREATER OF TRANSITION ADJUSTMENT ALLOW-
ANCE OR OTHER JOB TRAINING ALLOWANCE.—Any ad-
versely affected worker who is entitled to readjustment al-
lowances 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 allow-
ance 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 train-
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ing 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 pay-
able 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 re-
ceive, when he applies for a readjustment allowance and 
is determined to be entitled to such allowance, a readjust-
ment allowance for such week equal to such difference. 
(d) ELECTION
OF TRANSITION ADJUSTMENT AL-
LOWANCE
OR UNEMPLOYMENT INSURANCE.—Notwith-
standing section 201(a)(3)(B), an adversely affected work-
er may elect to receive a readjustment allowance instead 
of unemployment insurance during any week with respect 
to which the worker— 
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(1) is entitled to receive unemployment insur-
ance 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 em-
ployment 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 al-
lowance. 
(e) MAXIMUM ALLOWANCE.—The maximum amount 
of readjustment allowances payable with respect to the pe-
riod 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 pe-
riod described in section 201(a)(3)(A). 
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Subtitle B—Training, Other Em-
ployment Services, and Allow-
ances 
SEC. 221. EMPLOYMENT AND CASE MANAGEMENT SERV-
ICES. 
The Commission shall make available, directly or 
through agreements with States under section 302, to ad-
versely 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 as-
sessment 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 coun-
seling to determine which training is suitable train-
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ing, and information on how to apply for such train-
ing. 
(4) Information on how to apply for financial 
aid, including referring workers to educational op-
portunity 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 sec-
tion 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 in-
come 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 main-
tenance 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 a adjustment al-
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lowance or training under this Act, and after receiv-
ing such training for purposes of job placement. 
(7) Provision of employment statistics informa-
tion, including the provision of accurate information 
relating to local, regional, and national labor market 
areas, including— 
(A) job vacancy listings in such labor mar-
ket areas; 
(B) information on jobs skills necessary to 
obtain jobs identified in job vacancy listings de-
scribed in subparagraph (A); 
(C) information relating to local occupa-
tions that are in demand and earnings potential 
of such occupations; and 
(D) skills requirements for local occupa-
tions 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 nec-
essary to enable an individual to participate in train-
ing. 
SEC. 222. TRAINING. 
(a) APPROVAL FOR TRAINING.— 
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(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 employ-
ment) available for an adversely affected work-
er, 
(B) the worker would benefit from appro-
priate training, 
(C) there is a reasonable expectation of 
employment following completion of such train-
ing, 
(D) training approved by the Commission 
is reasonably available to the worker from ei-
ther 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 Edu-
cation 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 en-
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titled 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 di-
rectly or through a voucher system. Insofar as pos-
sible, the Secretary shall provide or assure the provi-
sion of such training on the job, which shall include 
related education necessary for the acquisition of 
skills needed for a position within a particular occu-
pation. 
(2) FUNDING AND LIMITATION ON TOTAL DIS-
TRIBUTION 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 es-
timates 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 ex-
pended at the time of such estimate is to be appor-
tioned among the States for the remainder of such 
fiscal year. 
(3) REASONABLE
EXPECTATION
OF
EMPLOY-
MENT.—For purposes of applying paragraph (1)(C), 
a reasonable expectation of employment does not re-
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quire that employment opportunities for a worker be 
available, or offered, immediately upon the comple-
tion of training approved under paragraph (1). 
(4) NO DOUBLE-DIPPING.—If the costs of train-
ing an adversely affected worker or an adversely af-
fected incumbent worker are paid by the Commis-
sion 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 pro-
vision 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, 
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(B) any training program provided by a 
State pursuant to title I of the Workforce In-
vestment Act of 1998, 
(C) any training program approved by a 
private industry council established under sec-
tion 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 pro-
gram 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 Edu-
cation Act of 1965 (20 U.S.C. 1002)), including 
a training program or coursework for the pur-
pose of— 
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(i) obtaining a degree or certification, 
or 
(ii) completing a degree or certifi-
cation that the worker had previously 
begun at an accredited institution of high-
er education. 
(2) LIMITATION.—The Commission may not 
limit approval of a training program under para-
graph (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 ap-
proved 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 sec-
tion. 
(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 non-
governmental plan or program, 
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(B) the adversely affected worker or ad-
versely 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 por-
tion of the costs of such training program paid 
under the plan or program. 
(c) SUPPLEMENTAL ASSISTANCE.—The Commission 
may, where appropriate, authorize supplemental assist-
ance necessary to defray reasonable transportation and 
subsistence expenses for separate maintenance when train-
ing is provided in facilities which are not within com-
muting distance of a worker’s regular place of residence. 
The Commission may not authorize— 
(1) payments for subsistence that exceed which-
ever 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. 
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(d) ON-THE-JOB TRAINING REQUIREMENTS.— 
(1) IN
GENERAL.—The Commission may ap-
prove 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). 
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