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Title II — Program Benefits

H.R. 5529 · 113th Congress · Sep 18, 2014 · Lineage

II Program Benefits

A Readjustment Allowances

Sec. 201 Qualifying requirements for workers

(a)
General qualifications— Payment of a readjustment allowance shall be made to an adversely affected worker covered by a certification under title I who files an application for such allowance for any week of unemployment which begins on or after the date of such certification, if the following conditions are met:
(1)
Such worker’s total or partial separation before the worker’s application under this subtitle occurred—
(A)
on or after the date, as specified in the certification under which the worker is covered, on which total or partial separation began or threatened to begin in the adversely affected employment,
(B)
before the expiration of the 2-year period beginning on the date on which the determination under section 103 was made, and
(C)
before the termination date (if any) determined pursuant to section 101.
(2)
Such worker had, in the 52-week period ending with the week in which such total or partial separation occurred, at least 26 weeks of employment at wages of $30 or more a week in adversely affected employment with a single company, or, if data with respect to weeks of employment with a company are not available, equivalent amounts of employment computed under regulations prescribed by the Commission. For the purposes of this paragraph, any week in which such worker—
(A)
is on employer-authorized leave for purposes of vacation, sickness, injury, maternity, or inactive duty or active duty military service for training,
(B)
does not work because of a disability that is compensable under a workmen's compensation law or plan of a State or the United States,
(C)
had his or her employment interrupted in order to serve as a full-time representative of a labor organization in such company, or
(D)
is on call-up for purposes of active duty in a reserve status in the Armed Forces of the United States,
(3)
Such worker—
(A)
was entitled to (or would be entitled to if the worker applied therefor) unemployment insurance for a week within the benefit period (i) in which such total or partial separation took place, or (ii) which began (or would have begun) by reason of the filing of a claim for unemployment insurance by such worker after such total or partial separation;
(B)
has exhausted all rights to any unemployment insurance, except additional compensation that is funded by a State and is not reimbursed from any Federal funds, to which the worker was entitled (or would be entitled if the worker applied therefor); and
(C)
does not have an unexpired waiting period applicable to the worker for any such unemployment insurance.
(4)
Such worker, with respect to such week of unemployment, would not be disqualified for extended compensation payable under the Federal-State Extended Unemployment Compensation Act of 1970 by reason of the work acceptance and job search requirements in section 202(a)(3) of such Act.
(5)
Such worker—
(A)
(i)
is enrolled in a training program approved by the Commission under section 222, and
(ii)
the enrollment required under clause (i) occurs no later than the latest of—
(I)
in the case of a worker whose most recent total separation from adversely affected employment that meets the requirements of paragraphs (1) and (2) occurs after the date on which the Commission issues a certification covering the worker, the last day of the 26th week after such total separation,
(II)
in the case of a worker whose most recent total separation from adversely affected employment that meets the requirements of paragraphs (1) and (2) occurs before the date on which the Commission issues a certification covering the worker, the last day of the 26th week after the date of such certification,
(III)
45 days after the date specified in subclause (I) or (II), as the case may be, if the Commission determines there are extenuating circumstances that justify an extension in the enrollment period,
(IV)
in the case of a worker who fails to enroll by the date required by subclause (I), (II), or (III), as the case may be, due to the failure to provide the worker with timely information regarding the date specified in such subclause, the last day of a period determined by the Commission, or
(V)
the last day of a period determined by the Commission to be approved for enrollment after the termination of a waiver issued pursuant to subsection (c),
(B)
has, after the date on which the worker became totally separated, or partially separated, from the adversely affected employment, completed a training program approved by the Commission under section 222(a), or
(C)
has received a written statement under subsection (c)(1) after the date described in subparagraph (B).
(b)
Disqualification— If—
(1)
the Commission determines that—
(A)
the adversely affected worker—
(i)
has failed to begin participation in the training program the enrollment in which meets the requirement of subsection (a)(5), or
(ii)
has ceased to participate in such training program before completing such training program, and
(B)
there is no justifiable cause for such failure or cessation, or
(2)
the certification made with respect to such worker under subsection (c)(1) is revoked under subsection (c)(2),
(c)
Waivers of training requirements—
(1)
Issuance of waivers— The Commission may issue a written statement to an adversely affected worker waiving the requirement to be enrolled in training described in subsection (a)(5)(A) if the Commission determines that it is not feasible or appropriate for the worker, because of 1 or more of the following reasons:
(A)
Health— The worker is unable to participate in training due to the health of the worker, except that a waiver under this subparagraph shall not be construed to exempt a worker from requirements relating to the availability for work, active search for work, or refusal to accept work under Federal or State unemployment compensation laws.
(B)
Enrollment unavailable— The first available enrollment date for the approved training of the worker is within 60 days after the date of the determination made under this paragraph, or, if later, there are extenuating circumstances for the delay in enrollment, as determined pursuant to guidelines issued by the Commission.
(C)
Training not available— Training approved by the Commission is not reasonably available to the worker from either governmental agencies or private sources (which may include area career and technical education schools, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302), and employers), no training that is suitable for the worker is available at a reasonable cost, or no training funds are available.
(D)
Nearing retirement— The worker is within 3 years of the age of retirement.
(2)
Duration of waivers—
(A)
In general— Except as provided in paragraph (3)(B), a waiver issued under paragraph (1) shall be effective for not more than 6 months after the date on which the waiver is issued, unless the Commission determines otherwise.
(B)
Revocation— The Commission shall revoke a waiver issued under paragraph (1) if the Commission determines that the basis of a waiver is no longer applicable to the worker and shall notify the worker in writing of the revocation.

Sec. 202 Weekly amounts

(a)
In general— Subject to subsections (b), (c), and (d), the readjustment allowance payable to an adversely affected worker for a week of unemployment shall be an amount equal to the most recent weekly benefit amount of the unemployment insurance payable to the worker for a week of total unemployment preceding the worker’s first exhaustion of unemployment insurance (as determined for purposes of section 201(a)(3)(B)) reduced (but not below zero) by—
(1)
any training allowance deductible under subsection (c); and
(2)
income that is deductible from unemployment insurance under the disqualifying income provisions of the applicable State law or Federal unemployment insurance law, except that in the case of an adversely affected worker who is participating in training under this Act, such income shall not include earnings from work for such week that are equal to or less than the most recent weekly benefit amount of the unemployment insurance payable to the worker for a week of total unemployment preceding the worker's first exhaustion of unemployment insurance (as determined for purposes of section 201(a)(3)(B)).
(b)
Greater of Transition Adjustment allowance or other job training allowance— Any adversely affected worker who is entitled to readjustment allowances and who is undergoing training approved by the Commission, shall receive for each week in which he or she is undergoing any such training, a readjustment allowance in an amount (computed for such week) equal to the amount computed under subsection (a) or (if greater) the amount of any weekly allowance for such training to which he would be entitled under any other Federal law for the training of workers, if he applied for such allowance. Such readjustment allowance shall be paid in lieu of any training allowance to which the worker would be entitled under such other Federal law.
(c)
No double-Dipping— If a training allowance under any Federal law other than this Act, is paid to an adversely affected worker for any week of unemployment with respect to which he would be entitled (determined without regard to any disqualification under section 201(b)) to a readjustment allowance if he applied for such allowance, each such week shall be deducted from the total number of weeks of readjustment allowance otherwise payable to him or her under this section when he applies for a readjustment allowance and is determined to be entitled to such allowance. If such training allowance paid to such worker for any week of unemployment is less than the amount of the readjustment allowance to which he would be entitled if he applied for such allowance, he shall receive, when he applies for a readjustment allowance and is determined to be entitled to such allowance, a readjustment allowance for such week equal to such difference.
(d)
Election of Transition Adjustment Allowance or Unemployment Insurance— Notwithstanding section 201(a)(3)(B), an adversely affected worker may elect to receive a readjustment allowance instead of unemployment insurance during any week with respect to which the worker—
(1)
is entitled to receive unemployment insurance as a result of the establishment by the worker of a new benefit year under State law, based in whole or in part upon part-time or short-term employment in which the worker engaged after the worker's most recent total separation from adversely affected employment; and
(2)
is otherwise entitled to a readjustment allowance.
(e)
Maximum allowance— The maximum amount of readjustment allowances payable with respect to the period covered by any certification to an adversely affected worker shall be the amount which is the product of 52 multiplied by the readjustment allowance payable to the worker for a week of total unemployment (as determined under subsection (a)), but such product shall be reduced by the total sum of the unemployment insurance to which the worker was entitled (or would have been entitled if he had applied therefor) in the worker's first benefit period described in section 201(a)(3)(A).

B Training, Other Employment Services, and Allowances

Sec. 221 Employment and case management services

The Commission shall make available, directly or through agreements with States under section 302, to adversely affected workers and adversely affected incumbent workers covered by a certification under title I of this Act the following employment and case management services:
(1)
Comprehensive and specialized assessment of skill levels and service needs, including through—
(A)
diagnostic testing and use of other assessment tools; and
(B)
in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals.
(2)
Development of an individual employment plan to identify employment goals and objectives, and appropriate training to achieve those goals and objectives.
(3)
Information on training available in local and regional areas, information on individual counseling to determine which training is suitable training, and information on how to apply for such training.
(4)
Information on how to apply for financial aid, including referring workers to educational opportunity centers described in section 402F of the Higher Education Act of 1965 (20 U.S.C. 1070a–16), where applicable, and notifying workers that the workers may request financial aid administrators at institutions of higher education (as defined in section 102 of such Act (20 U.S.C. 1002)) to use the administrators' discretion under section 479A of such Act (20 U.S.C. 1087tt) to use current year income data, rather than preceding year income data, for determining the amount of need of the workers for Federal financial assistance under title IV of such Act (20 U.S.C. 1070 et seq.).
(5)
Short-term prevocational services, including development of learning skills, communications skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct to prepare individuals for employment or training.
(6)
Individual career counseling, including job search and placement counseling, during the period in which the individual is receiving a adjustment allowance or training under this Act, and after receiving such training for purposes of job placement.
(7)
Provision of employment statistics information, including the provision of accurate information relating to local, regional, and national labor market areas, including—
(A)
job vacancy listings in such labor market areas;
(B)
information on jobs skills necessary to obtain jobs identified in job vacancy listings described in subparagraph (A);
(C)
information relating to local occupations that are in demand and earnings potential of such occupations; and
(D)
skills requirements for local occupations described in subparagraph (C).
(8)
Information relating to the availability of supportive services, including services relating to child care, transportation, dependent care, housing assistance, and need-related payments that are necessary to enable an individual to participate in training.

Sec. 222 Training

(a)
Approval for training—
(1)
Approval— If the Commission determines, with respect to an adversely affected worker or an adversely affected incumbent worker, that—
(A)
there is no suitable employment (which may include technical and professional employment) available for an adversely affected worker,
(B)
the worker would benefit from appropriate training,
(C)
there is a reasonable expectation of employment following completion of such training,
(D)
training approved by the Commission is reasonably available to the worker from either governmental agencies or private sources (which may include area career and technical education schools, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006, and employers),
(E)
the worker is qualified to undertake and complete such training, and
(F)
such training is suitable for the worker and available at a reasonable cost,
(2)
Funding and limitation on total distribution of funds—
(A)
The total amount of payments that may be made under paragraph (1) for any fiscal year shall not exceed $250,000,000.
(B)
If, during any fiscal year, the Secretary estimates that the amount of funds necessary to pay the costs of training approved under this section will exceed the amount of the limitation imposed under subparagraph (A), the Secretary shall decide how the portion of such limitation that has not been expended at the time of such estimate is to be apportioned among the States for the remainder of such fiscal year.
(3)
Reasonable expectation of employment— For purposes of applying paragraph (1)(C), a reasonable expectation of employment does not require that employment opportunities for a worker be available, or offered, immediately upon the completion of training approved under paragraph (1).
(4)
No double-dipping— If the costs of training an adversely affected worker or an adversely affected incumbent worker are paid by the Commission under paragraph (1), no other payment for such costs may be made under any other provision of Federal law. No payment may be made under paragraph (1) of the costs of training an adversely affected worker or an adversely affected incumbent worker if such costs—
(A)
have already been paid under any other provision of Federal law, or
(B)
are reimbursable under any other provision of Federal law and a portion of such costs have already been paid under such other provision of Federal law.
(b)
Qualifying training programs—
(1)
In general— The training programs that may be approved under subsection (a)(1) include—
(A)
employer-based training, including—
(i)
on-the-job training,
(ii)
customized training, and
(iii)
apprenticeship programs,
(B)
any training program provided by a State pursuant to title I of the Workforce Investment Act of 1998,
(C)
any training program approved by a private industry council established under section 102 of such Act,
(D)
any program of remedial education,
(E)
any program of prerequisite education or coursework required to enroll in training that may be approved under this section,
(F)
any training program for which all, or any portion, of the costs of training the worker are paid—
(i)
under any Federal or State program other than this Act, or
(ii)
from any source other than this section,
(G)
any other training program approved by the Commission, and
(H)
any training program or coursework at an accredited institution of higher education (described in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)), including a training program or coursework for the purpose of—
(i)
obtaining a degree or certification, or
(ii)
completing a degree or certification that the worker had previously begun at an accredited institution of higher education.
(2)
Limitation— The Commission may not limit approval of a training program under paragraph (1) to a program provided pursuant to title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.). The Commission is not required under paragraph (1) to pay the costs of any training approved under paragraph (1) to the extent that such costs are paid—
(A)
under any Federal or State program other than this Act, or
(B)
from any source other than this section.
(3)
Reasons for not approving training programs— The Commission shall not approve a training program if—
(A)
all or a portion of the costs of such training program are paid under any nongovernmental plan or program,
(B)
the adversely affected worker or adversely affected incumbent worker has a right to obtain training or funds for training under such plan or program, and
(C)
such plan or program requires the worker to reimburse the plan or program from funds provided under this Act, or from wages paid under such training program, for any portion of the costs of such training program paid under the plan or program.
(c)
Supplemental assistance— The Commission may, where appropriate, authorize supplemental assistance necessary to defray reasonable transportation and subsistence expenses for separate maintenance when training is provided in facilities which are not within commuting distance of a worker's regular place of residence. The Commission may not authorize—
(1)
payments for subsistence that exceed whichever is the lesser of (A) the actual per diem expenses for subsistence, or (B) payments at 50 percent of the prevailing per diem allowance rate authorized under the Federal travel regulations, or
(2)
payments for travel expenses exceeding the prevailing mileage rate authorized under the Federal travel regulations.
(d)
On-the-Job Training Requirements—
(1)
In general— The Commission may approve on-the-job training for any adversely affected worker if—(A) the worker meets the requirements for training to be approved under subsection (a)(1); (B) the Commission determines that on-the-job training—(i) can reasonably be expected to lead to suitable employment with the employer offering the on-the-job training; (ii) is compatible with the skills of the worker; (iii) includes a curriculum through which the worker will gain the knowledge or skills to become proficient in the job for which the worker is being trained; and (iv) can be measured by benchmarks that indicate that the worker is gaining such knowledge or skills; and (C) the State determines that the on-the-job training program meets the requirements of clauses (iii) and (iv) of subparagraph (B).
(2)
Monthly payments— The Commission shall pay the costs of on-the-job training approved under paragraph (1) in monthly installments.
(3)
Contracts for on-the-job training— The Commission shall ensure, in entering into a contract with an employer to provide on-the-job training to a worker under this subsection, that the skill requirements of the job for which the worker is being trained, the academic and occupational skill level of the worker, and the work experience of the worker are taken into consideration. Training under any such contract shall be limited to the period of time required for the worker receiving on-the-job training to become proficient in the job for which the worker is being trained, but may not exceed 104 weeks in any case.
(4)
Exclusion of certain employers— The Commission shall not enter into a contract for on-the-job training with an employer that exhibits a pattern of failing to provide workers receiving on-the-job training from the employer with—
(A)
continued, long-term employment as regular employees; and
(B)
wages, benefits, and working conditions that are equivalent to the wages, benefits, and working conditions provided to regular employees who have worked a similar period of time and are doing the same type of work as workers receiving on-the-job training from the employer.
(5)
Labor standards— The Commission may pay the costs of on-the-job training, notwithstanding any other provision of this section, only if—
(A)
no currently employed worker is displaced by such adversely affected worker (including partial displacement such as a reduction in the hours of non-overtime work, wages, or employment benefits),
(B)
such training does not impair existing contracts for services or collective bargaining agreements,
(C)
in the case of training which would be inconsistent with the terms of a collective bargaining agreement, the written concurrence of the labor organization concerned has been obtained,
(D)
no other individual is on layoff from the same, or any substantially equivalent, job for which such adversely affected worker is being trained,
(E)
the employer has not terminated the employment of any regular employee or otherwise reduced the workforce of the employer with the intention of filling the vacancy so created by hiring such adversely affected worker,
(F)
the job for which such adversely affected worker is being trained is not being created in a promotional line that will infringe in any way upon the promotional opportunities of currently employed individuals,
(G)
such training is not for the same occupation from which the worker was separated and with respect to which such worker's group was certified pursuant to section 103,
(H)
the employer is provided reimbursement of not more than 50 percent of the wage rate of the participant, for the cost of providing the training and additional supervision related to the training,
(I)
the employer has not received payment under subsection (a)(1) with respect to any other on-the-job training provided by such employer which failed to meet the requirements of subparagraphs (A), (B), (C), (D), (E), and (F), and
(J)
the employer has not taken, at any time, any action which violated the terms of any certification described in subparagraph (H) made by such employer with respect to any other on-the-job training provided by such employer for which the Commission has made a payment under subsection (a)(1).
(e)
Eligibility— An adversely affected worker may not be determined to be ineligible or disqualified for unemployment insurance or program benefits under this subtitle—
(1)
because the worker—
(A)
is enrolled in training approved under subsection (a);
(B)
left work—
(i)
that was not suitable employment in order to enroll in such training; or
(ii)
that the worker engaged in on a temporary basis during a break in such training or a delay in the commencement of such training; or
(iii)
left on-the-job training not later than 30 days after commencing such training because the training did not meet the requirements of subsection (c)(1)(B); or
(2)
because of the application to any such week in training of the provisions of State law or Federal unemployment insurance law relating to availability for work, active search for work, or refusal to accept work.
(f)
Definitions— For purposes of this section—
(1)
the term suitable employment means, with respect to a worker, work of a substantially equal or higher skill level than the worker's past adversely affected employment, and wages for such work at not less than 80 percent of the worker's average weekly wage; and
(2)
the term customized training means training that is—
(A)
designed to meet the special requirements of an employer or group of employers;
(B)
conducted with a commitment by the employer or group of employers to employ an individual upon successful completion of the training; and
(C)
for which the employer pays for a significant portion (but in no case less than 50 percent) of the cost of such training, as determined by the Commission.

Sec. 223 Job search allowances

(a)
Job Search Allowance Authorized—
(1)
In general— Each State may use funds made available to the State to carry out sections 221 through 224 to allow an adversely affected worker covered by a certification issued under section 103 to file an application with the Commission for payment of a job search allowance.
(2)
Approval of applications— The Commission may grant an allowance pursuant to an application filed under paragraph (1) when all of the following apply:
(A)
The allowance is paid to assist an adversely affected worker who has been totally separated in securing a job within the United States.
(B)
The Commission determines that the worker cannot reasonably be expected to secure suitable employment in the commuting area in which the worker resides.
(C)
The worker has filed an application for the allowance with the Commission at such time and containing such information as the Commission may determine.
(b)
Amount of Allowance—
(1)
In general— Any allowance granted under subsection (a) shall provide reimbursement to the worker of not more than 90 percent of the necessary job search expenses of the worker as prescribed by the Commission in regulations.
(2)
Maximum allowance— Reimbursement under this subsection may not exceed $1,250 for any worker.
(3)
Exception— Notwithstanding subsection (b), a State may reimburse any adversely affected worker for necessary expenses incurred by the worker in participating in a job search program approved by the Commission.

Sec. 224 Relocation allowances

(a)
Relocation Allowance Authorized—
(1)
In general— Each State may use funds made available to the State to carry out sections 221 through 224 to allow an adversely affected worker covered by a certification issued under section 103 to file an application for a relocation allowance with the Commission, and the Commission may grant the relocation allowance, subject to the terms and conditions of this section.
(2)
Conditions for granting allowance— A relocation allowance may be granted if all of the following terms and conditions are met:
(A)
The relocation allowance will assist an adversely affected worker in relocating within the United States.
(B)
The Commission determines that the worker cannot reasonably be expected to secure suitable employment in the commuting area in which the worker resides.
(C)
The worker is totally separated from employment at the time relocation commences.
(D)
The worker—
(i)
has obtained suitable employment affording a reasonable expectation of long-term duration in the area in which the worker wishes to relocate; or
(ii)
has obtained a bona fide offer of such employment.
(E)
The worker filed an application with the Commission before—
(i)
the later of—
(I)
the 425th day after the date of the certification under title I of this Act; or
(II)
the 425th day after the date of the worker's last total separation; or
(ii)
the date that is the 182d day after the date on which the worker concluded training.
(b)
Amount of allowance— Any relocation allowance granted to a worker under subsection (a) shall include—
(1)
not more than 90 percent of the reasonable and necessary expenses (including, but not limited to, subsistence and transportation expenses at levels not exceeding those allowable under section 222(b) (1) and (2) specified in regulations prescribed by the Commission) incurred in transporting the worker, the worker's family, and household effects; and
(2)
a lump sum equivalent to 3 times the worker's average weekly wage, up to a maximum payment of $1,250.
(c)
Limitations— A relocation allowance may not be granted to a worker unless—
(1)
the relocation occurs within 182 days after the filing of the application for relocation assistance; or
(2)
the relocation occurs within 182 days after the conclusion of training, if the worker entered a training program approved by the Commission under section 222(b) (1) and (2).