I
104TH CONGRESS
2D SESSION
H. R. 4292
To provide a comprehensive program of adjustment assistance to workers
displaced as a result of any program, project, or activity carried out
under Federal law.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 28, 1996
Mr. BROWN of California introduced the following bill; which was referred to
the Committee on Economic and Educational Opportunities, and in addi-
tion to the Committees on Transportation and Infrastructure, and Ways
and Means, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
A BILL
To provide a comprehensive program of adjustment assist-
ance to workers displaced as a result of any program,
project, or activity carried out under Federal law.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Displaced Worker Re-
training Act of 1993’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Authorization of appropriations.
Sec. 4. Definitions.
TITLE I—GRANTS TO STATES TO PROVIDE WORKER ADJUST-
MENT ASSISTANCE BENEFITS TO ELIGIBLE DISPLACED WORK-
ERS
Sec. 101. Authorization.
Sec. 102. Application.
Sec. 103. Reports.
TITLE II—WORKER ADJUSTMENT ASSISTANCE BENEFITS
Subtitle A—Income Support
Sec. 211. Eligibility.
Sec. 212. Weekly income support.
Sec. 213. Application of State laws.
Subtitle B—Wage Supplements
Sec. 221. Eligibility.
Sec. 222. Weekly wage supplement.
Subtitle C—Training
Sec. 231. Approval of training.
Sec. 232. Training programs.
Sec. 233. Supplemental assistance.
Sec. 234. Payment of costs of on-the-job training.
Sec. 235. Eligibility for unemployment insurance.
Subtitle D—Rapid Response Assistance, Basic Readjustment Services,
Relocation Allowances, and Job Search Allowances
Sec. 241. Rapid response assistance and basic readjustment services.
Sec. 242. Relocation allowances.
Sec. 243. Job search allowances.
TITLE III—GENERAL PROVISIONS
Sec. 301. Fraud and recovery of overpayments.
Sec. 302. Penalties.
Sec. 303. Subpoena power.
Sec. 304. Regulations.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated from the gen-
eral fund of the Treasury such amounts as may be nec-
essary to carry out the purposes of this Act.
SEC. 4. DEFINITIONS.
For purposes of this Act, the following definitions
apply:
(1) AVERAGE WEEKLY HOURS.—The term ‘‘av-
erage weekly hours’’ means the average hours
worked by the individual (excluding overtime) in the
employment from which the individual has been or
claims to have been separated in the 52 weeks (ex-
cluding weeks during which the individual was sick
or on vacation) preceding the week specified in the
last sentence of paragraph (2)(A).
(2) AVERAGE WEEKLY WAGE.—
(A) IN
GENERAL.—The term ‘‘average
weekly wage’’ means the lower of—
(i) $962; or
(ii) 1⁄13 of the total wages paid to an
individual in the high quarter.
For purposes of clause (ii), the high quarter is
that quarter in which the individual’s total
wages were highest among the first 4 of the last
5 completed calendar quarters immediately be-
fore the quarter in which occurs the week with
respect to which the computation is made. Such
week shall be the week in which total separation
occurred, or, in cases where partial separation
is claimed, an appropriate week, as defined in
regulations prescribed by the Secretary.
(B) COST-OF-LIVING
ADJUSTMENT.—Ef-
fective December 1 of each year after the cal-
endar year in which the date of the enactment
of this Act occurs, the dollar amount in sub-
paragraph (A)(i) shall be increased by the per-
cent change in the Consumer Price Index (all
items—United States city average) published by
the Bureau of Labor Statistics by the percent
change in the price index for the base quarter
of such year over the price index for the base
quarter of the preceding year in which an ad-
justment under this subparagraph was made,
adjusted to the nearest 1⁄10 of 1 percent. For
purposes of applying this subparagraph for the
first time, ‘‘$962’’ in subparagraph (A)(i) shall
be treated as including an adjustment made
under this subparagraph in the base quarter
ending on September 30, 1996. As used in this
subparagraph—
(i) the term ‘‘base quarter’’, as used
with respect to a year, means the calendar
quarter ending on September 30 of such
year; and
(ii) the price index for a base quarter
is the arithmetical mean of such index for
the 3 months comprising the quarter.
(3) DISLOCATION
DATE.—The term ‘‘disloca-
tion date’’ means, with respect to a displaced work-
er, the last day of the week specified in the last sen-
tence of paragraph (2)(A). Any computation under
this Act regarding weeks of employment before such
date includes the week in which such date occurs.
(4) ON-THE-JOB TRAINING.—The term ‘‘on-the-
job training’’ means training provided by an em-
ployer to an individual who is employed by the em-
ployer.
(5) PARTIAL SEPARATION.—The term ‘‘partial
separation’’ means, with respect to an individual
who has not been totally separated, that the individ-
ual has had—
(A) his or her hours of work reduced to 80
percent or less of his or her average weekly
hours in employment; and
(B) his or her wages in such employment
reduced to 80 percent or less of his or her aver-
age weekly wage.
(6) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Labor.
(7) STATE.—The term ‘‘State’’ means any of
the several States, the District of Columbia, and the
Commonwealth of Puerto Rico.
(8) STATE AGENCY.—The term ‘‘State agency’’
means the agency of the State which administers the
State law.
(9) STATE LAW.—The term ‘‘State law’’ means
the unemployment insurance law of the State ap-
proved by the Secretary of Labor under section 3304
of the Internal Revenue Code of 1986.
(10) 
SUITABLE
EMPLOYMENT.—The 
term
‘‘suitable employment’’ means, with respect to a dis-
placed worker, work of a substantially equal or high-
er skill level than the worker’s past employment, and
wages for such work at not less than 80 percent of
the worker’s average weekly wage.
(11) TOTAL
SEPARATION.—The term ‘‘total
separation’’ means the layoff or severance of an indi-
vidual from employment.
(12) UNEMPLOYMENT INSURANCE.—The term
‘‘unemployment insurance’’ means the unemploy-
ment compensation payable to an individual under
any State law or Federal unemployment compensa-
tion law, including chapter 85 of title 5, United
States Code, and the Railroad Unemployment Insur-
ance Act.
(13) WEEK.—The term ‘‘week’’ means a week
as defined in the applicable State law.
(14) WEEK
OF
UNEMPLOYMENT.—The term
‘‘week of unemployment’’ means a week of total,
part-total, or partial unemployment, as determined
under the applicable State law or Federal unemploy-
ment insurance law.
TITLE I—GRANTS TO STATES TO
PROVIDE WORKER ADJUST-
MENT ASSISTANCE BENEFITS
TO 
ELIGIBLE 
DISPLACED
WORKERS
SEC. 101. AUTHORIZATION.
(a) IN GENERAL.—The Secretary of Labor, in con-
sultation with the heads of appropriate Federal agencies,
shall, from amounts appropriated pursuant to section 3,
provide grants to States for the purpose of providing to
eligible dislocated workers described in subsection (b) the
worker adjustment assistance benefits described in title II.
(b) ELIGIBLE DISPLACED WORKERS.—An individual
shall be eligible for worker adjustment assistance benefits
under title II if the individual has been totally separated
or partially separated from employment as a result of any
program, project, or activity carried out under Federal
law.
SEC. 102. APPLICATION.
(a) IN GENERAL.—The Secretary may not make a
grant under section 101 to a State unless the State sub-
mits to the Secretary an application in such form and con-
taining such information as the Secretary may reasonably
require.
(b) CONTENTS.—Such application shall include as-
surances that—
(1) the State will use amounts received from a
grant under section 101 to provide the worker ad-
justment assistance benefits under title II to eligible
displaced workers in such State;
(2) the State will promptly provide written no-
tice through the mail of such benefits available to
each eligible displaced worker;
(3) the State will provide whatever assistance is
necessary to enable eligible displaced workers to pre-
pare applications for such benefits;
(4) the State will inform the State job training
coordinating council established under section 122 of
the Job Training Partnership Act (29 U.S.C. 1532),
or equivalent agency, and other public or private
agencies, institutions, and employers, as appropriate,
of projections of the number of eligible displaced
workers, if available, and of the needs for training
of such workers; and
(5) the State will not deny or reduce unemploy-
ment insurance otherwise payable to any eligible dis-
placed worker for any week by reason of any right
to the benefits under title II.
SEC. 103. REPORTS.
(a) STATE REPORTS.—The Secretary may not pro-
vide a grant under section 101 to a State unless the State
agrees to submit to the Secretary, in each fiscal year in
which the Secretary makes payments under such grant to
such State, a report containing such information as the
Secretary may reasonably require.
(b) REPORTS TO CONGRESS.—The Secretary shall
submit to the Congress, in each fiscal year in which the
Secretary makes payments under a grant under section
101, a report containing—
(1) a compilation of the information contained
in each report submitted to the Secretary by a State
under subsection (a) for such fiscal year; and
(2) an evaluation of the grant program.
TITLE 
II—WORKER 
ADJUST-
MENT ASSISTANCE BENEFITS
Subtitle A—Income Support
SEC. 211. ELIGIBILITY.
(a) IN GENERAL.—Payment of income support shall
be made as provided for in this subtitle to a displaced
worker who applies for such support for any week of un-
employment which begins after the dislocation date of the
worker if the worker had—
(1) in the 156 weeks immediately preceding the
dislocation date, at least 52 weeks of employment,
and in the 52 weeks immediately preceding the dis-
location date, at least 10 weeks of employment; or
(2) if data with respect to such weeks of em-
ployment are not available, equivalent amounts of
employment computed under regulations prescribed
by the Secretary.
(b) TRAINING UNDER SUBTITLE C.—A displaced
worker who is eligible under subsection (a) for income sup-
port is eligible to apply for training under subtitle C.
SEC. 212. WEEKLY INCOME SUPPORT.
(a) AMOUNT
AND
DURATION.—Subject to sub-
sections (c), (d), and (e)—
(1) the income support amount payable to a
displaced worker for a week of unemployment is an
amount equal to the product of the average weekly
wage of the worker and the appropriate income sup-
port factor set forth in subsection (b); and
(2) the maximum number of weeks for which
income support is payable to a displaced worker is
the number of consecutive weeks (commencing with
the week occurring immediately after the dislocation
date) that appear in column 2 of the following table
opposite the period of months in column 1 of such
table that corresponds to the number of months in
which the worker was employed before his or her
dislocation date:
Column 1
Column 2
Months of worker employment be-
fore dislocation date
Maximum number of weeks for
which income support payable
Not fewer than
Not more than
104
117
130
156
No income support may be paid to a displaced worker for
any week of unemployment that occurs after the last of
the applicable maximum number of weeks specified for the
worker in column 2, or, if applicable, the last of any addi-
tional weeks resulting from the application of subsection
(c). Notwithstanding the preceding table, the maximum
number of weeks for which income support is payable to
any worker—
(A) who is employed in adversely affected
employment for not fewer than 12 months and
not more than 18 months before separation,
and
(B) who is eligible for unemployment com-
pensation for a period longer than 39 weeks,
shall be—
(i) the number of weeks for which
such worker is eligible for unemployment
compensation, or
(ii) 52 weeks.
whichever is less.
(b) INCOME SUPPORT FACTORS.—
(1) WORKERS NOT PARTICIPATING IN TRAINING
OR WHO MAKE LATE APPLICATION FOR TRAINING.—
The income support factors for weeks of unemploy-
ment for a displaced worker who does not enroll in
training under subtitle C before the 183d day after
his or her dislocation date is as follows:
(A) 68 percent for the 1st week and each
week thereafter before the 53d week.
(B) 58 percent for the 53d week and any
week thereafter before the 105th week.
(C) 48 percent for the 105th week and any
week thereafter before the 157th week.
(2) WORKERS
WHO
MAKE
PROMPT
APPLICA-
TION FOR TRAINING.—The income support factor for
weeks of unemployment for a displaced worker who
enrolls in training under subtitle C before the 183d
day after his or her dislocation date is 68 percent,
except that if such training is completed or the
worker ceases to participate in such training as of
any week occurring after the 52d week of unemploy-
ment, subparagraph (B), or both subparagraphs (B)
and (C) (as the case may be), of paragraph (1)
apply with respect to weeks of unemployment occur-
ring after the week in which such completion or ces-
sation occurred.
(c) ADDITIONAL WEEKS OF INCOME SUPPORT.—If
a displaced worker enrolls in training under subtitle C be-
fore the 183d day after his or her dislocation date, the
maximum number of weeks of income support specified
in column 2 of the table in subsection (a)(2) for the work-
er shall be extended by an additional consecutive number
of weeks (but in no case more than 26 additional weeks)
that the State considers to be reasonably necessary for the
worker to complete a degree or certificate program under
such training.
(d) ADJUSTMENT
OF AMOUNT
OF INCOME SUP-
PORT.—
(1) UNEMPLOYMENT ISSUANCE AND CERTAIN
ADDITIONAL
PAYMENTS.—The amount of income
support payable under subsection (a) to a displaced
worker for any week shall be reduced by the amount
of—
(A) any unemployment insurance that the
worker is receiving, or would receive if the
worker applied for such insurance, with respect
to that week, except that if the appropriate
State agency or Federal agency finally decides
that the worker is not entitled to unemployment
insurance with respect to such week, reduction
under this paragraph shall not apply with re-
spect to such week; and
(B) any additional payment to the worker
from any other public or private source.
(2) AGGREGATE RECEIPTS.—If, with respect to
any week of unemployment, the total amount pay-
able to a displaced worker as—
(A) remuneration for services performed
during such week;
(B) income support;
(C) unemployment insurance; and
(D) any additional payment referred to in
paragraph (1)(B),
exceeds 75 percent of the amount of the average
weekly wage of the worker (or exceeds 85 percent of
the amount of such average if the worker is partici-
pating in training under subtitle C), the income sup-
port payable for such week shall be reduced by the
amount of such excess.
(e) WAGE SUPPLEMENT OFFSET.—If a displaced
worker who has received wage supplements under subtitle
B begins receiving income support under this subtitle, the
maximum number of weeks of unemployment for which
the worker is eligible for income support under subsection
(b)(2) shall be reduced by 1 week for each week for which
a wage supplement was received.
(f) INCOME SUPPORT NOT PAYABLE DURING ON-
THE-JOB TRAINING.—Income support may not be paid to
a worker under this section for any week during which
the worker receives on-the-job training under section 232.
SEC. 213. APPLICATION OF STATE LAWS.
Except where inconsistent with the provisions of this
subtitle and subject to such regulations as the Secretary
may prescribe, the availability and disqualification provi-
sions of the State law—
(1) under which a displaced worker is entitled
to unemployment insurance (whether or not the
worker has filed a claim for such insurance), or
(2) if the worker is not so entitled to unemploy-
ment insurance, of the State in which the worker
was totally or partially separated,
shall apply to any such worker who files a claim for income
support. The State law so determined with respect to a
separation of a worker shall remain applicable, for pur-
poses of the preceding sentence, with respect to such sepa-
ration until such worker becomes entitled to unemploy-
ment insurance under another State law (whether or not
such worker has filed a claim for such insurance).
Subtitle B—Wage Supplements
SEC. 221. ELIGIBILITY.
(a) IN GENERAL.—Payment of a wage supplement
shall be made as provided for in this subtitle to a displaced
worker who applies for such supplement for any week of
full-time employment which begins after the dislocation
date of the worker if the worker meets the requirements
of section 211(a).
(b) PART-TIME TRAINING UNDER SUBTITLE C.—A
displaced worker who is eligible under subsection (a) for
wage supplements is eligible to apply for part-time train-
ing under subtitle C.
SEC. 222. WEEKLY WAGE SUPPLEMENT.
(a) AMOUNT.—The amount of a wage supplement
payable under this subtitle for a week of full-time employ-
ment is an amount equal to the differences, if any, be-
tween—
(1) the wage the displaced worker earns during
the week of full-time employment; and
(2) an amount equal to 85 percent of the work-
er’s average weekly wage.
(b) DURATION.—Subject to subsection (c), the maxi-
mum number of weeks of full-time employment for which
wage supplements may be paid to a displaced worker
under this subtitle is 156 weeks. No wage supplement may
be paid to a worker for any week that occurs after the
156th week after the week in which the dislocation date
of the worker occurred.
(c) INCOME SUPPORT OFFSET.—If a displaced work-
er who has received income support under subtitle A be-
gins receiving wage supplements under this subtitle, the
maximum number of weeks of full-time employment for
which the worker is eligible for wage supplements under
this subtitle shall be reduced by 1 week for each week for
which income support was received.
Subtitle C—Training
SEC. 231. APPROVAL OF TRAINING.
(a) IN GENERAL.—
(1) CONDITIONS FOR APPROVAL.—If the State
determines with respect to a displaced worker who
is eligible under section 211(c) or 221(b) to apply
for training under this subtitle that—
(A) there is no suitable employment (which
may include technical and professional employ-
ment) available for the worker,
(B) the worker would benefit from appro-
priate training,
(C) there is reasonable expectation of suit-
able employment following completion of such
training,
(D) training approved by the State is rea-
sonably available to the worker from either gov-
ernmental agencies or private sources (which
may include institutions of higher education or
area vocational education schools, as defined in
section 521(4) of the Carl D. Perkins Voca-
tional and Applied Technology Education Act,
and employers),
(E) the worker is qualified to undertake
and complete such training, and
(F) such training is suitable for the worker
and available at a reasonable cost,
the State shall approve such training for the worker.
(2) PRIORITY
FOR
CERTAIN
TRAINING
PRO-
GRAMS.—In approving training under paragraph (1)
for displaced workers, the State shall give priority to
training under the programs described in section
232(a)(6) (relating to training under the programs
in environmental engineering, environmental clean-
up, advanced telecommunications, transportation, in-
frastructure, and computer technology).
(3) DEFINITIONS.—
(A) REASONABLE COST.—For purposes of
applying paragraph (1)(F), the term ‘‘reason-
able cost’’, as applied to any undergraduate,
graduate, professional, or post-graduate pro-
gram at an institution of higher education, is a
tuition cost that does not exceed the maximum
average tuition cost of like programs offered at
the public institutions of higher education in
the State concerned.
(B) REASONABLE EXPECTATION OF SUIT-
ABLE EMPLOYMENT.—For purposes of applying
paragraph (1)(C), a reasonable expectation of
suitable employment does not require that suit-
able employment opportunities for a worker be
available, or offered, immediately upon the com-
pletion of training approved under paragraph
(1).
(b) PAYMENT
OF COSTS.—The following require-
ments apply with respect to the provision of training under
this subtitle:
(1) If the costs of training a displaced worker
are paid by the State under subsection (a), no other
payment for such costs may be made under any
other provision of Federal law.
(2) No payment may be made under subsection
(a) of the costs of training a displaced worker if
such costs—
(A) have already been paid under any
other provision of Federal law; or
(B) are reimbursable under any other pro-
vision of Federal law and a portion of such
costs have already been paid under such other
provision of Federal law.
(3) The provisions of this subsection do not
apply to, or take into account, any funds provided
under any other provision of Federal law which are
used for any purpose other than the direct payment
of the costs incurred in training a particular dis-
placed worker, even if such use has the effect of in-
directly paying or reducing any portion of the costs
involved in training the worker.
(c) 
TRAINING
COSTS
PAID
FROM
OTHER
SOURCES.—
(1) IN GENERAL.—The State is not required
under this subtitle to pay the costs of any training
approved under subsection (a) to the extent that
such costs are paid—
(A) under any Federal or State program
other than this part; or
(B) from any source other than this sec-
tion.
(2) REPAYMENT AGREEMENT.—Before approv-
ing any training to which paragraph (1) may apply,
the State may require that the displaced worker
enter into an agreement with the State under which
the State will not be required to pay under this sub-
title the portion of the costs of such training that
the worker has reason to believe will be paid under
the program, or by the source, described in subpara-
graph (A) or (B) of paragraph (1).
SEC. 232. TRAINING PROGRAMS.
(a) TYPES THAT MAY BE APPROVED.—The training
programs that may be approved under section 231(a) in-
clude—
(1) technical, vocational, undergraduate, grad-
uate, professional, and post-graduate programs of
study;
(2) on-the-job training;
(3) any training program approved by a private
industry council established under section 103 of the
Job Training Partnership Act (29 U.S.C. 1512);
(4) any program of remedial education;
(5) any training program (other than a training
program described in subsection (b)) for which all,
or any portion, of the costs of training the worker
are paid—
(A) under any Federal or State program
other than this subtitle; or
(B) from any source other than this sec-
tion;
(6) any training program in environmental en-
gineering, environmental cleanup, advanced tele-
communications, transportation, infrastructure, and
computers; and
(7) any other training program approved by the
State.
Training programs shall be made available on both full-
time and part-time bases to meet the respective needs of
displaced workers. The State shall prescribe regulations
which set forth the criteria under each of the training cat-
egories listed in paragraphs (1) through (7) that will be
used as the basis for approving training programs under
section 231.
(b) RESTRICTIONS ON APPROVAL.—The State may
not approve a training program if—
(1) all or a portion of the costs of the training
program are paid under any nongovernmental plan
or program;
(2) the displaced worker has a right to obtain
training or funds for training under such plan or
program; and
(3) such plan or program requires the worker
to reimburse the plan or program from funds pro-
vided under this subtitle, or from wages paid under
such training program, for any portion of the costs
of such training program paid under the plan or
program.
(c) DURATION OF TRAINING.—The maximum num-
ber of weeks of training that a displaced worker may re-
ceive under this subtitle is 156 weeks. For purposes com-
puting such maximum number of weeks, any week (or ag-
gregate number of days that equals a week) that is not
treated as a week or day within the regular academic or
instructional year (or equivalent period) of the institution
or entity providing the training shall be excluded.
SEC. 233. SUPPLEMENTAL ASSISTANCE.
The State may, where appropriate, authorize supple-
mental assistance necessary to defray reasonable transpor-
tation and subsistence expenses for separate maintenance
when training is provided in facilities which are not within
commuting distance of a displaced worker’s regular place
of residence. The State may not authorize—
(1) payments for subsistence that exceed which-
ever is the lesser of—
(A) the actual per diem expenses for sub-
sistence; or
(B) payments at 50 percent of the prevail-
ing per diem allowance rate authorized under
the Federal travel regulations; or
(2) payments for travel expenses exceeding the
prevailing mileage rate authorized under the Federal
travel regulations.
SEC. 234. PAYMENT OF COSTS OF ON-THE-JOB TRAINING.
The State shall pay the costs of any on-the-job train-
ing of a displaced worker that is approved under section
231(a) in equal monthly installments, but the State may
pay such costs, notwithstanding any other provision of this
section, only if—
(1) no currently employed worker is displaced
by such displaced worker (including partial displace-
ment such as a reduction in the hours of non-
overtime work, wages, or employment benefits);
(2) such training does not impair existing con-
tracts for services or collective bargaining agree-
ments;
(3) in the case of training which would be in-
consistent with the terms of a collective bargaining
agreement, the written concurrence of the labor or-
ganization concerned has been obtained;
(4) no other individual is on layoff from the
same, or any substantially equivalent, job for which
such displaced worker is being trained;
(5) the employer has not terminated the em-
ployment of any regular employee or otherwise re-
duced the work force of the employer with the inten-
tion of filling the vacancy so created by hiring such
displaced worker;
(6) the job for which such displaced worker is
being trained is not being created in a promotional
line that will infringe in any way upon the pro-
motional opportunities of currently employed individ-
uals;
(7) such training is not for the same occupation
which requires the same level of skill as that from
which the worker was separated;
(8) the employer certifies to the State that the
employer will continue to employ such worker for at
least 26 weeks after completion of such training if
the worker desires to continue such employment and
the employer does not have due cause to terminate
such employment;
(9) the employer has not received payment
under section 231(a) with respect to any other on-
the-job training provided by such employee which
failed to meet the requirements of paragraphs (1),
(2), (3), (4), (5) and (6); and
(10) the employer has not taken, at any time,
any action which violated the terms of any certifi-
cation described in paragraph (8) made by such em-
ployee with respect to any other on-the-job training
provided by such employer for which the State has
made a payment under section 231(a).
SEC. 235. ELIGIBILITY FOR UNEMPLOYMENT INSURANCE.
A displaced worker may not be determined to be ineli-
gible or disqualified for unemployment insurance or bene-
fits under this Act because—
(1) the individual is in training approved under
section 231(a);
(2) of leaving work which is not suitable em-
ployment to enter such training; or
(3) of the application to any such week in train-
ing of provisions of State law or Federal unemploy-
ment insurance law relating to availability for work,
active search for work, or refusal to accept work.
Subtitle D—Rapid Response Assist-
ance, Basic Readjustment Serv-
ices, Relocation Allowances, and
Job Search Allowances
SEC. 241. RAPID RESPONSE ASSISTANCE AND BASIC READ-
JUSTMENT SERVICES.
(a) ELIGIBILITY.—An individual who is—
(1) a displaced worker (whether or not eligible
for benefits under subtitle A or B); or
(2) an individual who—
(A) has received notice of impending total
or partial separation from employment; and
(B) had in the 52 weeks immediately pre-
ceding the date of such notice at least 26 weeks
of employment;
is entitled to the rapid response assistance and basic read-
justment services under this subtitle.
(b) DURATION.—An individual described in sub-
section (a) is entitled to receive rapid response assistance
and basic readjustment services—
(1) if applicable, on and after the date of the
notice referred to in subsection (a)(2) and before the
day after the dislocation date of the individual; and
(2) during the period of—
(A) the 13 consecutive weeks commencing
with the week immediately following the disloca-
tion date, in the case of rapid response assist-
ance; and
(B) the 156 consecutive weeks commencing
with the week immediately following the disloca-
tion date, in the case of basic readjustment
services.
(c) DELIVERY OF RAPID RESPONSE ASSISTANCE.—
(1) IMPENDING PERMANENT CLOSURE OR SUB-
STANTIAL LAYOFF.—In a situation involving an im-
pending permanent closure or substantial layoff of
50 or more individuals, a State may provide funds,
where other public or private resources are not expe-
ditiously available, for a preliminary assessment of
the advisability of conducting a comprehensive study
exploring the feasibility of having a company or
group, including the workers, purchase the plant and
continue it in operation.
(2) OVERSIGHT
BY
SECRETARY.—The Sec-
retary shall oversee the administration by each State
of the rapid response assistance services provided in
such State and the effectiveness, efficiency, and
timeliness of the delivery of such services. If the Sec-
retary determines that such services are not being
performed adequately, the Secretary shall implement
appropriate corrective action, including, where nec-
essary, the selection of a new rapid response assist-
ance service provider.
(d) RAPID RESPONSE ASSISTANCE AND BASIC READ-
JUSTMENT SERVICES DESCRIBED.—For purposes of this
subtitle—
(1) the term ‘‘rapid response assistance’’ means
assistance described in section 314(b) of the Job
Training Partnership Act (29 U.S.C. 1661c(b)); and
(2) the term ‘‘basic readjustment services’’
means services described in section 314(c) of such
Act (29 U.S.C. 1661c(c)).
SEC. 242. RELOCATION ALLOWANCES.
(a) IN GENERAL.—A displaced worker (whether or
not eligible for benefits under subtitle A or B) may file
an application with the State for a relocation allowance
under this section.
(b) CONDITIONS.—A relocation allowance may be
granted only to assist a displaced worker in relocating
within the United States and only if the State determines
that such worker cannot reasonably be expected to secure
suitable employment in the commuting area in which he
resides and that such worker—
(1) has obtained—
(A) suitable employment affording a rea-
sonable expectation of long-term duration in the
area in which he wishes to relocate; or
(B) a bona fide offer of such employment;
and
(2) is totally separated from employment at the
time relocation commences.
(c) RELOCATION ALLOWANCE DEFINED.—For the
purposes of this section, the term ‘‘relocation allowance’’
means—
(1) 90 percent of the reasonable and necessary
expenses (including subsistence and transportation
expenses at levels not exceeding those allowable
under section 223(1) and (2)) specified in regula-
tions prescribed by the State, incurred in transport-
ing a worker and his or her family if any, and
household effects, and
(2) a lump sum 2 times the weekly wage (ex-
cluding overtime, bonuses, or any other payment not
considered basic wage) received by the worker in the
last week of 35 or more hours of work occurring be-
fore the worker’s dislocation date,
except that the aggregate of such expenses and lump sum
paid to any displaced worker may not exceed $4,000.
SEC. 243. JOB SEARCH ALLOWANCES.
(a) IN GENERAL.—A displaced worker (whether or
not eligible for benefits under subtitle A or B) may file
an application with the State for a job search allowance.
Such allowance, if granted shall provide reimbursement to
the worker of 90 percent of the cost of necessary job
search expenses as prescribed by regulations of the State,
except that—
(1) such reimbursement may not exceed $800
for any worker; and
(2) reimbursement may not be made for sub-
sistence and transportation expenses at levels ex-
ceeding those allowable under section 233.
(b) CONDITIONS.—A job search allowance may be
granted only—
(1) to assist a displaced worker who has been
totally separated in securing a job within the United
States;
(2) where the State determines that such work-
er cannot reasonably be expected to secure suitable
employment in the commuting area in which he re-
sides; and
(3) where the worker has filed an application
for such allowance with the State before—
(A) the later of—
(i) the 156th week after the disloca-
tion date of the worker; or
(ii) the 156th week after the date of
the worker’s last total separation; or
(B) the 182d day after the concluding date
of any training received by the worker, if the
worker was referred to such training by the
State.
(c) REIMBURSEMENT.—The State shall reimburse
any adversely affected worker for necessary expenses in-
curred by such worker in participating in a job search pro-
gram approved by the State.
TITLE III—GENERAL
PROVISIONS
SEC. 301. FRAUD AND RECOVERY OF OVERPAYMENTS.
(a) LIABILITY FOR REPAYMENT.—
(1) IN GENERAL.—If a State, the Secretary, or
a court of competent jurisdiction determines that
any person has received any payment under this Act
for which the person was not eligible, including a
payment referred to in subsection (b), such person
shall be liable to repay such amount to the State or
the Secretary, as the case may be, except that the
State or the Secretary may waive such repayment if
such State or the Secretary determines, in accord-
ance with guidelines by the Secretary, that—
(A) the payment was made without fault
on the part of such individual; and
(B) requiring such repayment would be
contrary to equity and good conscience.
(2) RECOVERY.—Unless an overpayment is oth-
erwise recovered, or waived under paragraph (1), the
State or the Secretary shall recover the overpayment
by deductions from any sums payable to such person
under this Act, under any Federal unemployment
compensation law administered by the State agency
of the State or the Secretary, or under any other
Federal law administered by the State or the Sec-
retary which provides for the payment of assistance
or an allowance with respect to unemployment, and,
notwithstanding any other provision of State law or
Federal law to the contrary, the Secretary may re-
quire the State to recover any overpayment under
this Act by deduction from any unemployment insur-
ance payable to such person under the State law, ex-
cept that no single deduction under this paragraph
shall exceed 50 percent of the amount otherwise pay-
able.
(b) FRAUD.—If a State, the Secretary, or a court of
competent jurisdiction determines that an individual—
(1) knowingly has made, or caused another to
make, a false statement or representation of a mate-
rial fact, or
(2) knowingly has failed, or caused another to
fail, to disclose a material fact,
and as a result of such false statement or representation,
or of such nondisclosure, such individual has received any
payment under this Act to which the individual was not
entitled, such individual shall, in addition to any other
penalty provided by law, be ineligible for any further pay-
ments under this Act.
(c) NOTICE
AND HEARING.—Except for overpay-
ments determined by a court of competent jurisdiction, no
repayment may be required, and no deduction may be
made, under this section until a determination under sub-
section (a)(1) by the State or the Secretary, as the case
may be, has been made, notice of the determination and
an opportunity for a fair hearing thereon has been given
to the individual concerned, and the determination has be-
come final.
(d) DISPOSITION OF RECOVERED AMOUNTS.—Any
amount recovered under this section shall be returned to
the general fund of the Treasury.
SEC. 302. PENALTIES.
Whoever makes a false statement of a material fact
knowing it to be false, or knowingly fails to disclose a ma-
terial fact, for the purpose of obtaining or increasing for
himself or herself or for any other person any payment
authorized to be furnished under this Act shall be fined
not more than $1,000 or imprisoned for not more than
1 year, or both.
SEC. 303. SUBPOENA POWER.
(a) IN GENERAL.—The Secretary may require by
subpoena the attendance of witnesses and the production
of evidence necessary for the Secretary to make a deter-
mination under the provisions of this Act.
(b) COMPLIANCE.—If a person refuses to obey a sub-
poena issued under subsection (a), a United States district
court within the jurisdiction of which the relevant proceed-
ing under this title is conducted may, upon petition by
the Secretary, issue an order requiring compliance with
such subpoena.
SEC. 304. REGULATIONS.
(a) IN GENERAL.—The Secretary shall prescribe
such regulations as may be necessary to carry out the pro-
visions of this Act.
(b) TRANSITION.—In prescribing regulations under
subsection (a), the Secretary shall promulgate such rules
and procedures as may be necessary to provide for an or-
derly transition to and implementation of this Act.
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