,i #aacth ,,congress #b;d ,session ,h4 ,r4 #eebi ,,in ,,the ,,house ,,of ,,representatives ,september #ah1 #bjad ,mr4 ,mc,kinley 7for himself and ,mr4 ,welch7 introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce1 and in addition to the ,committee on ,oversight and ,government ,reform1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to establish a worker adjustment assistance program to provide assistance and job retraining for workers who have lost their jobs due to unplanned closures of coal and coal dependent industries1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,healthy ,employee ,loss ,prevention ,act of #bjad of the ,,help ,act4 7b7 ,table of ,contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,title ,i--,petitions and ,determinations ,sec4 #aja4 ,petitions4 ,sec4 #ajb4 ,group eligibility requirements4 ,sec4 #ajc4 ,determinations and certifications4 ,sec4 #ajd4 ,benefit information to workers4 ,title ,,ii--,program ,benefits ,subtitle ,a--,readjustment ,allowances ,sec4 #bja4 ,qualifying requirements for workers4 ,sec4 #bjb4 ,weekly amounts4 ,subtitle ,b--,training1 ,other ,employment ,services1 and ,allowances ,sec4 #bba4 ,employment and case management services4 ,sec4 #bbb4 ,training4 ,sec4 #bbc4 ,job search allowances4 ,sec4 #bbd4 ,relocation allowances4 ,title ,,iii--,general ,provisions ,sec4 #cja4 ,establishment of ,commission4 ,sec4 #cjb4 ,agreements with ,states4 ,sec4 #cjc4 ,administration absent ,state agreement4 ,sec4 #cjd4 ,liability of certifying and disbursing officers4 ,sec4 #cje4 ,fraud and recovery of overpayments4 ,sec4 #cjf4 ,penalties4 ,sec4 #cjg4 ,agency funding limitations and authorization of appropriations4 ,sec4 #cjh4 ,agency reports of wasteful and excessive spending required4 ,sec4 #cji4 ,regulations4 ,sec4 #caj4 ,subpoena power4 #b4 ,definitions ,as used in this ,act1 the following definitions apply3 7#a7 ,the term adversely affected employment means employment in a company or appropriate subdivision of a company1 if workers of such company or subdivision are eligible to apply for adjustment assistance under this ,act4 7#b7 ,the term adversely affected worker means an individual who1 because of lack of work in adversely affected employment-- 7,a7 has been totally or partially separated from such employment1 or 7,b7 has been totally separated from employment with the company in a subdivision of which such adversely affected employment exists4 7#c7 ,the term average weekly wage means one-thirteenth of the total wages paid to an individual in the high quarter4 ,for purposes of this computation1 the high quarter shall be that quarter in which the individual's total wages were highest among the first #d of the last #e completed calendar quarters immediately before the quarter in which occurs the week with respect to which the computation is made4 ,such week shall be the week in which total separation occurred1 or1 in cases where partial separation is claimed1 an appropriate week1 as defined in regulations prescribed by the ,secretary4 7#d7 ,the term average weekly hours means the average hours worked by the individual 7excluding overtime7 in the employment from which he has been or claims to have been separated in the #eb weeks 7excluding weeks during which the individual was sick or on vacation7 preceding the week specified in the last sentence of paragraph 7#c74 7#e7 ,the term benefit period means1 with respect to an individual-- 7,a7 the benefit year and any ensuing period1 as determined under applicable ,state law1 during which the individual is eligible for regular compensation1 additional compensation1 or extended compensation2 or 7,b7 the equivalent to such a benefit year or ensuing period provided for under the applicable ,federal unemployment insurance law4 7#f7 ,the term ,commission means the ,critical ,employment ,advisory ,commission established under section #cja4 7#g7 7,a7 ,the term job search program means a job search workshop or job finding club4 7,b7 ,the term job search workshop means a short 7#a to #c days7 seminar designed to provide participants with knowledge that will enable the participants to find jobs4 ,subjects are not limited to1 but should include1 labor market information1 resume writing1 interviewing techniques1 and techniques for finding job openings4 7,c7 ,the term job finding club means a job search workshop which includes a period 7#a and #b weeks7 of structured1 supervised activity in which participants attempt to obtain jobs4 7#h7 ,the term on-the-job training means training provided by an employer to an individual who is employed by the employer4 7#i7 ,the term partial separation means1 with respect to an individual who has not been totally separated1 that he or she has had-- 7,a7 his or her hours of work reduced to #hj percent or less of his or her average weekly hours in adversely affected employment2 and 7,b7 his or her wages reduced to #hj percent or less of his or her average weekly wage in such adversely affected employment4 7#aj7 ,the term ,state agency means the agency of the ,state which administers the ,state law4 7#aa7 ,the term ,state law means the unemployment insurance law of the ,state approved by the ,secretary of ,labor under section #ccjd of the ,internal ,revenue ,code of #aihf4 7#ab7 ,the term total separation means the layoff or severance of an individual from employment with a company in which1 or in a subdivision of which1 adversely affected employment exists4 7#ac7 ,the term unemployment insurance means the unemployment compensation payable to an individual under any ,state law or ,federal unemployment compensation law1 including chapter #he of title #e1 ,united ,states ,code1 and the ,railroad ,unemployment ,insurance ,act4 ,the terms regular compensation1 additional compensation1 and extended compensation have the same respective meanings that are given them in section #bje of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note74 7#ad7 ,the term week means a week as defined in the applicable ,state law4 7#ae7 ,the term week of unemployment means a week of total1 part-total1 or partial unemployment as determined under the applicable ,state law or ,federal unemployment insurance law4 ,i ,petitions and ,determinations #aja4 ,petitions 7a7 ,in general ,a petition for certification of eligibility to apply for adjustment assistance for a group of workers under this ,act may be filed simultaneously with the ,commission and with the ,governor of the ,state in which such workers' company is located by any of the following3 7#a7 ,the group of workers4 7#b7 ,the certified or recognized union or other duly authorized representative of such workers4 7#c7 ,employers of such workers1 one-stop operators or one-stop partners 7as defined in section #aja of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja771 including ,state employment security agencies1 or the ,state dislocated worker unit established under title ,i of such ,act1 on behalf of such workers4 7b7 ,actions by a ,governor ,upon receipt of a petition filed under subsection 7a71 the ,governor shall-- 7#a7 ensure that rapid response activities and appropriate core and intensive services 7as described in section #acd of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhfd77 authorized under other ,federal laws are made available to the workers covered by the petition to the extent authorized under such laws2 and 7#b7 assist the ,commission in the review of the petition by verifying such information and providing such other assistance as the ,commission may request4 7c7 ,actions by the ,commission ,upon receipt of the petition1 the ,commission shall promptly publish notice in the ,federal ,register and on the website of the ,commission that the ,commission has received the petition and initiated an investigation4 7d7 ,hearing ,if the petitioner1 or any other person found by the ,commission to have a substantial interest in the proceedings1 submits not later than #aj days after the date of the ,commission's publication under subsection 7c7 a request for a hearing1 the ,commission shall provide for a public hearing and afford such interested persons an opportunity to be present1 to produce evidence1 and to be heard4 #ajb4 ,group eligibility requirements 7a7 ,criteria ,a group of workers shall be certified by the ,commission as eligible to apply for adjustment assistance under this ,act pursuant to a petition filed under section #aja if the ,commission determines that-- 7#a7 such workers were coal miners1 coal utility workers1 or other workers in the coal industry or a coal-dependent industry1 as determined by the ,commission2 7#b7 a significant number or proportion of the workers in such workers' company have become totally or partially separated1 or are threatened to become totally or partially separated or have experienced or are threatened to experience a significant reduction in wages2 7#c7 7,a7 sales or production1 or both1 of such company have decreased absolutely2 7,b7 there has been a shift by such workers' company to other types of sales or products2 7,c7 such workers' company has been closed or relocated or acquired from another entity or foreign country2 or 7,d7 the sales or production or both have caused a shift that contributed to such worker's separation or threat of separation2 and 7#d7 the separation or partial separation or reduction in wages described in paragraph 7#a7 any of the actions described in paragraph 7#b7 the ,commission determines to have occurred are directly attributable to-- 7,a7 actions by the ,federal ,government2 7,b7 the low-cost of other forms of energy2 7,c7 the existence of ,state-to-,state electricity market competition2 or 7,d7 other reasons as determined by the ,commission4 7b7 ,basis for ,commission ,determinations 7#a7 ,in general ,the ,commission shall1 in determining whether to certify a group of workers under section #ajc1 obtain from the workers' company1 or a customer of the workers' company1 information the ,commission determines to be necessary to make the certification1 through questionnaires and in such other manner as the ,commission determines appropriate4 ,the ,commission shall establish standards1 including data requirements1 for investigations of petitions filed under section #aja and criteria for making determinations under section #ajc4 7#b7 ,additional information ,the ,commission may seek additional information to determine whether to certify a group of workers-- 7,a7 by contacting-- 7i7 officials or employees of the workers' company2 7ii7 officials of certified or recognized unions or other duly authorized representatives of the group of workers2 7iii7 the ,administrator of the ,environmental ,protection ,agency1 the ,secretary of ,energy1 the ,secretary of ,labor1 the ,federal ,energy ,regulatory ,commission1 the ,united ,states ,army ,corps of ,engineers1 the ,secretary of the ,interior1 the ,united ,states ,geological ,survey1 the ,secretary of ,agriculture1 the ,secretary of ,commerce1 or the ,secretary of the ,treasury1 as applicable2 and 7,b7 by using other available sources of information4 7#c7 ,verification of information 7,a7 ,certification ,the ,commission shall require a company or customer to certify-- 7i7 all information obtained under paragraph 7#a7 from the company through questionnaires2 and 7ii7 all other information obtained under paragraph 7#a7 from the company on which the ,commission relies in making a determination under section #ajc1 unless the ,commission has a reasonable basis for determining that such information is accurate and complete without being certified4 7,b7 ,use of subpoenas ,the ,commission shall require the workers' company to provide information requested by the ,commission under paragraph 7#a7 by subpoena pursuant to section #caj if the company fails to provide the information within #bj days after the date of the ,commission's request1 unless the company demonstrates to the satisfaction of the ,commission that the company will provide the information within a reasonable period of time4 7,c7 ,protection of confidential information ,the ,commission may not release information obtained under paragraph 7#a7 that the ,commission considers to be confidential business information unless the company submitting the confidential business information had notice1 at the time of submission1 that the information would be released by the ,commission1 or the company subsequently consents to the release of the information4 ,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 court4 #ajc4 ,determinations and certifications 7a7 ,in general ,as soon as possible after the date on which a petition is filed under section #aja1 but in any event not later than #dj days after that date1 the ,commission shall determine whether the petitioning group meets the requirements of section #ajb and shall issue a certification of eligibility to apply for assistance under this ,act covering workers in any group which meets such requirements4 ,each certification shall specify the date on which the total or partial separation began or threatened to begin4 7b7 ,publication ,not later than #e days after reaching a determination on a petition1 the ,commission shall publish a summary of the determination in the ,federal ,register and on the website of the ,commission1 together with the ,commission's reasons for making such determination4 7c7 ,termination of certification ,whenever the ,commission determines1 with respect to any certification of eligibility of the workers of a company1 that total or partial separations from such company are no longer attributable to the factors described in section #ajb7;a71 the ,commission shall terminate such certification and promptly have notice of such termination published in the ,federal ,register and on the website of the ,commission1 together with the ,commission's reasons for making such determination4 ,such termination shall apply only with respect to total or partial separations occurring after the termination date specified by the ,commission4 #ajd4 ,benefit information to workers 7a7 ,general information ,the ,commission shall provide full information to workers about the benefit allowances1 training1 and other employment services available under this ,act and about the petition and application procedures1 and the appropriate filing dates1 for such allowances1 training and services4 ,the ,commission shall provide whatever assistance is necessary to enable groups of workers to prepare petitions or applications for program benefits4 ,the ,commission shall make every effort to insure that cooperating ,state agencies fully comply with the agreements entered into under section #cjb and shall periodically review such compliance4 ,the ,commission shall inform the ,state ,board for ,vocational ,education or equivalent agency and other public or private agencies1 institutions1 and employers1 as appropriate1 of each certification issued under section #ajc and of projections1 if available1 of the needs for training under section #bbb as a result of such certification4 7b7 ,written notice to individuals 7#a7 ,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-- 7,a7 at the time such certification is made1 if the worker was partially or totally separated from the adversely affected employment before such certification1 or 7,b7 at the time of the total or partial separation of the worker from the adversely affected employment1 if subparagraph 7,a7 does not apply4 7c7 ,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 reside4 7d7 ,notification to ,department of ,commerce ,upon issuing a certification under section #ajc1 the ,commission shall notify the ,secretary of ,commerce of the identity of each company covered by the certification4 ,,ii ,program ,benefits ,a ,readjustment ,allowances #bja4 ,qualifying requirements for workers 7a7 ,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 certification1 if the following conditions are met3 7#a7 ,such worker's total or partial separation before the worker's application under this subtitle occurred-- 7,a7 on or after the date1 as specified in the certification under which the worker is covered1 on which total or partial separation began or threatened to begin in the adversely affected employment1 7,b7 before the expiration of the #b-year period beginning on the date on which the determination under section #ajc was made1 and 7,c7 before the termination date 7if any7 determined pursuant to section #aja4 7#b7 ,such worker had1 in the #eb-week period ending with the week in which such total or partial separation occurred1 at least #bf weeks of employment at wages of #cj or more a week in adversely affected employment with a single company1 or1 if data with respect to weeks of employment with a company are not available1 equivalent amounts of employment computed under regulations prescribed by the ,commission4 ,for the purposes of this paragraph1 any week in which such worker-- 7,a7 is on employer-authorized leave for purposes of vacation1 sickness1 injury1 maternity1 or inactive duty or active duty military service for training1 7,b7 does not work because of a disability that is compensable under a workmen's compensation law or plan of a ,state or the ,united ,states1 7,c7 had his or her employment interrupted in order to serve as a full-time representative of a labor organization in such company1 or 7,d7 is on call-up for purposes of active duty in a reserve status in the ,armed ,forces of the ,united ,states1 shall be treated as a week of employment at wages of #cj or more1 but not more than #g weeks1 in case of weeks described in subparagraph 7,a7 or 7,c71 or both 7and not more than #bf weeks1 in the case of weeks described in subparagraph 7,b7 or 7,d771 may be treated as weeks of employment under this sentence4 7#c7 ,such worker-- 7,a7 was entitled to 7or would be entitled to if the worker applied therefor7 unemployment insurance for a week within the benefit period 7i7 in which such total or partial separation took place1 or 7ii7 which began 7or would have begun7 by reason of the filing of a claim for unemployment insurance by such worker after such total or partial separation2 7,b7 has exhausted all rights to any unemployment insurance1 except additional compensation that is funded by a ,state and is not reimbursed from any ,federal funds1 to which the worker was entitled 7or would be entitled if the worker applied therefor72 and 7,c7 does not have an unexpired waiting period applicable to the worker for any such unemployment insurance4 7#d7 ,such worker1 with respect to such week of unemployment1 would not be disqualified for extended compensation payable under the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj by reason of the work acceptance and job search requirements in section #bjb7;a77#c7 of such ,act4 7#e7 ,such worker-- 7,a7 7i7 is enrolled in a training program approved by the ,commission under section #bbb1 and 7ii7 the enrollment required under clause 7i7 occurs no later than the latest of-- 7,i7 in the case of a worker whose most recent total separation from adversely affected employment that meets the requirements of paragraphs 7#a7 and 7#b7 occurs after the date on which the ,commission issues a certification covering the worker1 the last day of the #bfth week after such total separation1 7,,ii7 in the case of a worker whose most recent total separation from adversely affected employment that meets the requirements of paragraphs 7#a7 and 7#b7 occurs before the date on which the ,commission issues a certification covering the worker1 the last day of the #bfth week after the date of such certification1 7,,iii7 #de days after the date specified in subclause 7,i7 or 7,,ii71 as the case may be1 if the ,commission determines there are extenuating circumstances that justify an extension in the enrollment period1 7,,iv7 in the case of a worker who fails to enroll by the date required by subclause 7,i71 7,,ii71 or 7,,iii71 as the case may be1 due to the failure to provide the worker with timely information regarding the date specified in such subclause1 the last day of a period determined by the ,commission1 or 7,v7 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 7c71 7,b7 has1 after the date on which the worker became totally separated1 or partially separated1 from the adversely affected employment1 completed a training program approved by the ,commission under section #bbb7;a71 or 7,c7 has received a written statement under subsection 7c77#a7 after the date described in subparagraph 7,b74 7b7 ,disqualification ,if-- 7#a7 the ,commission determines that-- 7,a7 the adversely affected worker-- 7i7 has failed to begin participation in the training program the enrollment in which meets the requirement of subsection 7a77#e71 or 7ii7 has ceased to participate in such training program before completing such training program1 and 7,b7 there is no justifiable cause for such failure or cessation1 or 7#b7 the certification made with respect to such worker under subsection 7c77#a7 is revoked under subsection 7c77#b71 no readjustment allowance may be paid to the adversely affected worker under this part for the week in which such failure1 cessation1 or revocation occurred1 or any succeeding week1 until the adversely affected worker begins or resumes participation in a training program approved under section #bbb4 7c7 ,waivers of training requirements 7#a7 ,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 7a77#e77;,a7 if the ,commission determines that it is not feasible or appropriate for the worker1 because of #a or more of the following reasons3 7,a7 ,health ,the worker is unable to participate in training due to the health of the worker1 except that a waiver under this subparagraph shall not be construed to exempt a worker from requirements relating to the availability for work1 active search for work1 or refusal to accept work under ,federal or ,state unemployment compensation laws4 7,b7 ,enrollment unavailable ,the first available enrollment date for the approved training of the worker is within #fj days after the date of the determination made under this paragraph1 or1 if later1 there are extenuating circumstances for the delay in enrollment1 as determined pursuant to guidelines issued by the ,commission4 7,c7 ,training not available ,training approved by the ,commission is not reasonably available to the worker from either governmental agencies or private sources 7which may include area career and technical education schools1 as defined in section #c of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb71 and employers71 no training that is suitable for the worker is available at a reasonable cost1 or no training funds are available4 7,d7 ,nearing retirement ,the worker is within #c years of the age of retirement4 7#b7 ,duration of waivers 7,a7 ,in general ,except as provided in paragraph 7#c77;,b71 a waiver issued under paragraph 7#a7 shall be effective for not more than #f months after the date on which the waiver is issued1 unless the ,commission determines otherwise4 7,b7 ,revocation ,the ,commission shall revoke a waiver issued under paragraph 7#a7 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 revocation4 #bjb4 ,weekly amounts 7a7 ,in general ,subject to subsections 7b71 7c71 and 7d71 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 7as determined for purposes of section #bja7;a77#c77;,b77 reduced 7but not below zero7 by-- 7#a7 any training allowance deductible under subsection 7c72 and 7#b7 income that is deductible from unemployment insurance under the disqualifying income provisions of the applicable ,state law or ,federal unemployment insurance law1 except that in the case of an adversely affected worker who is participating in training under this ,act1 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 7as determined for purposes of section #bja7;a77#c77;,b774 7b7 ,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 ,commission1 shall receive for each week in which he or she is undergoing any such training1 a readjustment allowance in an amount 7computed for such week7 equal to the amount computed under subsection 7a7 or 7if greater7 the amount of any weekly allowance for such training to which he would be entitled under any other ,federal law for the training of workers1 if he applied for such allowance4 ,such readjustment allowance shall be paid in lieu of any training allowance to which the worker would be entitled under such other ,federal law4 7c7 ,no double-,dipping ,if a training allowance under any ,federal law other than this ,act1 is paid to an adversely affected worker for any week of unemployment with respect to which he would be entitled 7determined without regard to any disqualification under section #bja7;b77 to a readjustment allowance if he applied for such allowance1 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 allowance4 ,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 allowance1 he shall receive1 when he applies for a readjustment allowance and is determined to be entitled to such allowance1 a readjustment allowance for such week equal to such difference4 7d7 ,election of ,transition ,adjustment ,allowance or ,unemployment ,insurance ,notwithstanding section #bja7;a77#c77;,b71 an adversely affected worker may elect to receive a readjustment allowance instead of unemployment insurance during any week with respect to which the worker-- 7#a7 is entitled to receive unemployment insurance as a result of the establishment by the worker of a new benefit year under ,state law1 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 employment2 and 7#b7 is otherwise entitled to a readjustment allowance4 7e7 ,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 #eb multiplied by the readjustment allowance payable to the worker for a week of total unemployment 7as determined under subsection 7a771 but such product shall be reduced by the total sum of the unemployment insurance to which the worker was entitled 7or would have been entitled if he had applied therefor7 in the worker's first benefit period described in section #bja7;a77#c77;,a74 ,b ,training1 ,other ,employment ,services1 and ,allowances #bba4 ,employment and case management services ,the ,commission shall make available1 directly or through agreements with ,states under section #cjb1 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 services3 7#a7 ,comprehensive and specialized assessment of skill levels and service needs1 including through-- 7,a7 diagnostic testing and use of other assessment tools2 and 7,b7 in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals4 7#b7 ,development of an individual employment plan to identify employment goals and objectives1 and appropriate training to achieve those goals and objectives4 7#c7 ,information on training available in local and regional areas1 information on individual counseling to determine which training is suitable training1 and information on how to apply for such training4 7#d7 ,information on how to apply for financial aid1 including referring workers to educational opportunity centers described in section #djb;,f of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a-#af71 where applicable1 and notifying workers that the workers may request financial aid administrators at institutions of higher education 7as defined in section #ajb of such ,act 7#bj ,u4,s4,c4 #ajjb77 to use the administrators' discretion under section #dgi;,a of such ,act 7#bj ,u4,s4,c4 #ajhgtt7 to use current year income data1 rather than preceding year income data1 for determining the amount of need of the workers for ,federal financial assistance under title ,,iv of such ,act 7#bj ,u4,s4,c4 #ajgj et seq474 7#e7 ,short-term prevocational services1 including development of learning skills1 communications skills1 interviewing skills1 punctuality1 personal maintenance skills1 and professional conduct to prepare individuals for employment or training4 7#f7 ,individual career counseling1 including job search and placement counseling1 during the period in which the individual is receiving a adjustment allowance or training under this ,act1 and after receiving such training for purposes of job placement4 7#g7 ,provision of employment statistics information1 including the provision of accurate information relating to local1 regional1 and national labor market areas1 including-- 7,a7 job vacancy listings in such labor market areas2 7,b7 information on jobs skills necessary to obtain jobs identified in job vacancy listings described in subparagraph 7,a72 7,c7 information relating to local occupations that are in demand and earnings potential of such occupations2 and 7,d7 skills requirements for local occupations described in subparagraph 7,c74 7#h7 ,information relating to the availability of supportive services1 including services relating to child care1 transportation1 dependent care1 housing assistance1 and need-related payments that are necessary to enable an individual to participate in training4 #bbb4 ,training 7a7 ,approval for training 7#a7 ,approval ,if the ,commission determines1 with respect to an adversely affected worker or an adversely affected incumbent worker1 that-- 7,a7 there is no suitable employment 7which may include technical and professional employment7 available for an adversely affected worker1 7,b7 the worker would benefit from appropriate training1 7,c7 there is a reasonable expectation of employment following completion of such training1 7,d7 training approved by the ,commission is reasonably available to the worker from either governmental agencies or private sources 7which may include area career and technical education schools1 as defined in section #c of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf1 and employers71 7,e7 the worker is qualified to undertake and complete such training1 and 7,f7 such training is suitable for the worker and available at a reasonable cost1 the ,commission shall approve such training for the worker4 ,upon such approval1 the worker shall be entitled to have payment of the costs of such training 7subject to the limitations imposed by this section7 paid on the worker's behalf by the ,commission directly or through a voucher system4 ,insofar as possible1 the ,secretary shall provide or assure the provision of such training on the job1 which shall include related education necessary for the acquisition of skills needed for a position within a particular occupation4 7#b7 ,funding and limitation on total distribution of funds 7,a7 ,the total amount of payments that may be made under paragraph 7#a7 for any fiscal year shall not exceed #bej1jjj1jjj4 7,b7 ,if1 during any fiscal year1 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 7,a71 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 year4 7#c7 ,reasonable expectation of employment ,for purposes of applying paragraph 7#a77;,c71 a reasonable expectation of employment does not require that employment opportunities for a worker be available1 or offered1 immediately upon the completion of training approved under paragraph 7#a74 7#d7 ,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 7#a71 no other payment for such costs may be made under any other provision of ,federal law4 ,no payment may be made under paragraph 7#a7 of the costs of training an adversely affected worker or an adversely affected incumbent worker if such costs-- 7,a7 have already been paid under any other provision of ,federal law1 or 7,b7 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 law4 7b7 ,qualifying training programs 7#a7 ,in general ,the training programs that may be approved under subsection 7a77#a7 include-- 7,a7 employer-based training1 including-- 7i7 on-the-job training1 7ii7 customized training1 and 7iii7 apprenticeship programs1 7,b7 any training program provided by a ,state pursuant to title ,i of the ,workforce ,investment ,act of #aiih1 7,c7 any training program approved by a private industry council established under section #ajb of such ,act1 7,d7 any program of remedial education1 7,e7 any program of prerequisite education or coursework required to enroll in training that may be approved under this section1 7,f7 any training program for which all1 or any portion1 of the costs of training the worker are paid-- 7i7 under any ,federal or ,state program other than this ,act1 or 7ii7 from any source other than this section1 7,g7 any other training program approved by the ,commission1 and 7,h7 any training program or coursework at an accredited institution of higher education 7described in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb771 including a training program or coursework for the purpose of-- 7i7 obtaining a degree or certification1 or 7ii7 completing a degree or certification that the worker had previously begun at an accredited institution of higher education4 7#b7 ,limitation ,the ,commission may not limit approval of a training program under paragraph 7#a7 to a program provided pursuant to title ,i of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq474 ,the ,commission is not required under paragraph 7#a7 to pay the costs of any training approved under paragraph 7#a7 to the extent that such costs are paid-- 7,a7 under any ,federal or ,state program other than this ,act1 or 7,b7 from any source other than this section4 7#c7 ,reasons for not approving training programs ,the ,commission shall not approve a training program if-- 7,a7 all or a portion of the costs of such training program are paid under any nongovernmental plan or program1 7,b7 the adversely affected worker or adversely affected incumbent worker has a right to obtain training or funds for training under such plan or program1 and 7,c7 such plan or program requires the worker to reimburse the plan or program from funds provided under this ,act1 or from wages paid under such training program1 for any portion of the costs of such training program paid under the plan or program4 7c7 ,supplemental assistance ,the ,commission may1 where appropriate1 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 residence4 ,the ,commission may not authorize-- 7#a7 payments for subsistence that exceed whichever is the lesser of 7,a7 the actual per diem expenses for subsistence1 or 7,b7 payments at #ej percent of the prevailing per diem allowance rate authorized under the ,federal travel regulations1 or 7#b7 payments for travel expenses exceeding the prevailing mileage rate authorized under the ,federal travel regulations4 7d7 ,on-the-,job ,training ,requirements 7#a7 ,in general ,the ,commission may approve on-the-job training for any adversely affected worker if--7,a7 the worker meets the requirements for training to be approved under subsection 7a77#a72 7,b7 the ,commission determines that on-the-job training--7i7 can reasonably be expected to lead to suitable employment with the employer offering the on-the-job training2 7ii7 is compatible with the skills of the worker2 7iii7 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 trained2 and 7iv7 can be measured by benchmarks that indicate that the worker is gaining such knowledge or skills2 and 7,c7 the ,state determines that the on-the-job training program meets the requirements of clauses 7iii7 and 7iv7 of subparagraph 7,b74 7#b7 ,monthly payments ,the ,commission shall pay the costs of on-the-job training approved under paragraph 7#a7 in monthly installments4 7#c7 ,contracts for on-the-job training ,the ,commission shall ensure1 in entering into a contract with an employer to provide on-the-job training to a worker under this subsection1 that the skill requirements of the job for which the worker is being trained1 the academic and occupational skill level of the worker1 and the work experience of the worker are taken into consideration4 ,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 trained1 but may not exceed #ajd weeks in any case4 7#d7 ,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-- 7,a7 continued1 long-term employment as regular employees2 and 7,b7 wages1 benefits1 and working conditions that are equivalent to the wages1 benefits1 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 employer4 7#e7 ,labor standards ,the ,commission may pay the costs of on-the-job training1 notwithstanding any other provision of this section1 only if-- 7,a7 no currently employed worker is displaced by such adversely affected worker 7including partial displacement such as a reduction in the hours of non-overtime work1 wages1 or employment benefits71 7,b7 such training does not impair existing contracts for services or collective bargaining agreements1 7,c7 in the case of training which would be inconsistent with the terms of a collective bargaining agreement1 the written concurrence of the labor organization concerned has been obtained1 7,d7 no other individual is on layoff from the same1 or any substantially equivalent1 job for which such adversely affected worker is being trained1 7,e7 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 worker1 7,f7 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 individuals1 7,g7 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 #ajc1 7,h7 the employer is provided reimbursement of not more than #ej percent of the wage rate of the participant1 for the cost of providing the training and additional supervision related to the training1 7,i7 the employer has not received payment under subsection 7a77#a7 with respect to any other on-the-job training provided by such employer which failed to meet the requirements of subparagraphs 7,a71 7,b71 7,c71 7,d71 7,e71 and 7,f71 and 7,j7 the employer has not taken1 at any time1 any action which violated the terms of any certification described in subparagraph 7,h7 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 7a77#a74 7e7 ,eligibility ,an adversely affected worker may not be determined to be ineligible or disqualified for unemployment insurance or program benefits under this subtitle-- 7#a7 because the worker-- 7,a7 is enrolled in training approved under subsection 7a72 7,b7 left work-- 7i7 that was not suitable employment in order to enroll in such training2 or 7ii7 that the worker engaged in on a temporary basis during a break in such training or a delay in the commencement of such training2 or 7iii7 left on-the-job training not later than #cj days after commencing such training because the training did not meet the requirements of subsection 7c77#a77;,b72 or 7#b7 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 work1 active search for work1 or refusal to accept work4 7f7 ,definitions ,for purposes of this section-- 7#a7 the term suitable employment means1 with respect to a worker1 work of a substantially equal or higher skill level than the worker's past adversely affected employment1 and wages for such work at not less than #hj percent of the worker's average weekly wage2 and 7#b7 the term customized training means training that is-- 7,a7 designed to meet the special requirements of an employer or group of employers2 7,b7 conducted with a commitment by the employer or group of employers to employ an individual upon successful completion of the training2 and 7,c7 for which the employer pays for a significant portion 7but in no case less than #ej percent7 of the cost of such training1 as determined by the ,commission4 #bbc4 ,job search allowances 7a7 ,job ,search ,allowance ,authorized 7#a7 ,in general ,each ,state may use funds made available to the ,state to carry out sections #bba through #bbd to allow an adversely affected worker covered by a certification issued under section #ajc to file an application with the ,commission for payment of a job search allowance4 7#b7 ,approval of applications ,the ,commission may grant an allowance pursuant to an application filed under paragraph 7#a7 when all of the following apply3 7,a7 ,the allowance is paid to assist an adversely affected worker who has been totally separated in securing a job within the ,united ,states4 7,b7 ,the ,commission determines that the worker cannot reasonably be expected to secure suitable employment in the commuting area in which the worker resides4 7,c7 ,the worker has filed an application for the allowance with the ,commission at such time and containing such information as the ,commission may determine4 7b7 ,amount of ,allowance 7#a7 ,in general ,any allowance granted under subsection 7a7 shall provide reimbursement to the worker of not more than #ij percent of the necessary job search expenses of the worker as prescribed by the ,commission in regulations4 7#b7 ,maximum allowance ,reimbursement under this subsection may not exceed #a1bej for any worker4 7#c7 ,exception ,notwithstanding subsection 7b71 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 ,commission4 #bbd4 ,relocation allowances 7a7 ,relocation ,allowance ,authorized 7#a7 ,in general ,each ,state may use funds made available to the ,state to carry out sections #bba through #bbd to allow an adversely affected worker covered by a certification issued under section #ajc to file an application for a relocation allowance with the ,commission1 and the ,commission may grant the relocation allowance1 subject to the terms and conditions of this section4 7#b7 ,conditions for granting allowance ,a relocation allowance may be granted if all of the following terms and conditions are met3 7,a7 ,the relocation allowance will assist an adversely affected worker in relocating within the ,united ,states4 7,b7 ,the ,commission determines that the worker cannot reasonably be expected to secure suitable employment in the commuting area in which the worker resides4 7,c7 ,the worker is totally separated from employment at the time relocation commences4 7,d7 ,the worker-- 7i7 has obtained suitable employment affording a reasonable expectation of long-term duration in the area in which the worker wishes to relocate2 or 7ii7 has obtained a bona fide offer of such employment4 7,e7 ,the worker filed an application with the ,commission before-- 7i7 the later of-- 7,i7 the #dbeth day after the date of the certification under title ,i of this ,act2 or 7,,ii7 the #dbeth day after the date of the worker's last total separation2 or 7ii7 the date that is the #ahb;d day after the date on which the worker concluded training4 7b7 ,amount of allowance ,any relocation allowance granted to a worker under subsection 7a7 shall include-- 7#a7 not more than #ij percent of the reasonable and necessary expenses 7including1 but not limited to1 subsistence and transportation expenses at levels not exceeding those allowable under section #bbb7;b7 7#a7 and 7#b7 specified in regulations prescribed by the ,commission7 incurred in transporting the worker1 the worker's family1 and household effects2 and 7#b7 a lump sum equivalent to #c times the worker's average weekly wage1 up to a maximum payment of #a1bej4 7c7 ,limitations ,a relocation allowance may not be granted to a worker unless-- 7#a7 the relocation occurs within #ahb days after the filing of the application for relocation assistance2 or 7#b7 the relocation occurs within #ahb days after the conclusion of training1 if the worker entered a training program approved by the ,commission under section #bbb7;b7 7#a7 and 7#b74 ,,iii ,general ,provisions #cja4 ,establishment of ,commission 7a7 ,establishment ,there is established the ,critical ,employment ,advisory ,commission to administer and carry out all of the functions assigned to the ,commission under this ,act4 7b7 ,membership and appointment 7#a7 ,in general ,the ,commission shall be composed of #bc members who1 not later than #abj days after the date of enactment shall be appointed in accordance with the following3 7,a7 ,twenty members appointed by the ,president based on five individuals recommended by each of ,majority and ,minority ,leaders of the ,senate and the ,speaker and ,minority ,leader of the ,house of ,representatives2 7,b7 ,the ,secretary of ,commerce or the ,secretary's designee2 7,c7 ,the ,secretary of ,labor or the ,secretary's designee2 and 7,d7 ,the ,secretary of the ,treasury or the ,secretary's designee4 7#b7 ,qualifications ,the members appointed shall be appointed from among ,united ,states citizens who are not officers or employees of any government4 ,to the extent practicable1 members shall have diverse experiences1 expertise1 and historical perspectives on manufacturing1 industry1 agriculture1 trade1 infrastructure1 resources1 development1 labor1 government and corporate policies1 homeland security1 defense1 contracting1 energy1 building and construction1 and small business4 7c7 ,terms ,as designated by the ,president at the time of appointment1 #e of the members first appointed #e shall be appointed for a term of #a year1 #e members for a term of #b years1 #e members for a term of #c years1 and #e members for a term of #d years4 7d7 ,vacancies ,a vacancy in the ,commission shall be filled in the manner in which the original appointment was made4 ,a member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term4 ,a member may serve after the expiration of that member's term until a successor has taken office4 7e7 ,rates of pay for members ,members shall each be paid at a rate not to exceed level ,,gs-#ae of the ,general ,schedule4 7f7 ,director ,the ,commission shall have a ,director who shall be appointed by the ,commission from among nominations made by the ,chairperson4 ,the director shall be paid at a rate equal to the rate of basic pay for ,,gs-#ae of the ,general ,schedule4 7g7 ,federal employee ,detailees ,upon request of the ,director1 the head of any ,federal department or agency may detail1 on a reimbursable basis1 any of the personnel of that department or agency to the ,commission to assist it in carrying out its duties under this section4 7h7 ,powers of the ,commission 7#a7 ,in general ,the ,commission may1 for the purpose of carrying out this ,act1 hold hearings1 sit and act at times and places1 take testimony1 and receive evidence as the ,commission considers appropriate4 ,the ,commission may secure directly from any department or agency of the ,united ,states information necessary to enable it to carry out this section4 ,upon request of the ,chairperson of the ,commission1 the head of that department or agency shall furnish that information to the ,commission4 7#b7 ,agency information deadlines ,if information is requested of the any of the agencies described in section #ajb7;b77#b77;,a77iii7 and not received within #fj days1 the ,commission shall deem the certification as approved4 ,the applicable agency may ask for an additional #cj-;day extension to be approved or disapproved by the ,committee within #aj days of the #fj-;day deadline4 7#c7 ,job ,impact analyses ,the ,commission is authorized to analyze and issue reports assessing the impact of any government action or of market conditions on jobs in any region of the ,united ,states1 including the impact on specific occupations and an assessment of the net gain or loss of jobs as a result of the government action or of market conditions4 ,such an analysis and report may also be requested by a ,federal agency or by a group of workers petitioning for assistance under title ,i4 ,any report issued by the ,commission under this paragraph shall be transmitted to ,congress and made available to the public on an ,internet website4 7#d7 ,mails ,the ,commission may use the ,united ,states mail system in the same manner and under the same conditions as other departments and agencies of the ,united ,states4 7#e7 ,administrative support ,upon request of the ,commission1 the ,administrator of ,general ,services shall provide to the ,commission1 on a reimbursable basis1 the administrative support services necessary for the ,commission to carry out its responsibilities under this ,act4 7i7 ,review and audit ,the ,commission shall be subject to review and audit by the ,comptroller ,general4 ,not later than #ahj days after which all of the members are appointed to the ,commission1 and annually thereafter1 the ,commission shall transmit a report to ,congress1 to the ,president1 and to the agencies described in section #ajb7;b77#b77;,a77iii74 ,the report shall contain a detailed statement of the findings1 conclusions of the ,commission's duties4 #cjb4 ,agreements with ,states 7a7 ,in general ,the ,commission is authorized on behalf of the ,united ,states to enter into an agreement with any ,state1 or with any ,state agency 7referred to in this title as cooperating ,states and cooperating ,states agencies respectively74 ,under such an agreement1 the cooperating ,state agency shall-- 7#a7 as agent of the ,united ,states1 receive applications for and provide payments on the basis provided in this ,act1 7#b7 in accordance with subsection 7f71 make available to adversely affected workers covered by a certification under section #bjc the employment and case management services described in section #bba1 and 7#c7 make any certifications required under section #bja7;c7 7#b7 and 7#d7 and shall otherwise cooperate with the ,commission and with other ,state and ,federal agencies in providing payments and services under this ,act4 7b7 terms and conditions ,each agreement under this subchapter shall provide the terms and conditions upon which the agreement may be amended1 suspended1 or terminated4 7c7 ,form and ,manner of ,data ,each agreement under this subchapter shall-- 7#a7 provide the ,commission with the authority to collect any data the ,commission determines necessary to meet the requirements of this ,act2 and 7#b7 specify the form and manner in which any such data requested by the ,commission shall be reported4 7d7 ,review ,a determination by a cooperating ,state agency with respect to entitlement to program benefits under an agreement is subject to review in the same manner and to the same extent as determinations under the applicable ,state law and only in that manner and to that extent4 7e7 ,coordination and administration ,any agreement entered into under this section shall provide for the coordination of the administration of the provisions for employment services1 training1 and supplemental assistance under sections #bba and #bbb of this ,act and under title ,i of the ,workforce ,investment ,act of #aiih upon such terms and conditions as are established by the ,commission in consultation with the ,states and set forth in such agreement4 ,any agency of the ,state jointly administering such provisions under such agreement shall be considered to be a cooperating ,state agency for purposes of this ,act4 7f7 ,additional responsibilities ,each cooperating ,state agency shall1 in carrying out subsection 7a77#b7-- 7#a7 advise each worker who applies for unemployment insurance of the benefits under this ,act and the procedures and deadlines for applying for such benefits2 7#b7 facilitate the early filing of petitions under section #aja for any workers that the agency considers are likely to be eligible for benefits under this ,act2 7#c7 advise each adversely affected worker to apply for training under section #bbb7;a7 before1 or at the same time1 the worker applies for readjustment allowances under subtitle ,a of title ,,ii2 7#d7 perform outreach to1 intake of1 and orientation for adversely affected workers and adversely affected incumbent workers covered by a certification under title ,i with respect to assistance and benefits available under this ,act2 and 7#e7 make employment and case management services described in section #bba available to adversely affected workers and adversely affected incumbent workers covered by a certification under title ,i and1 if funds provided to carry out this title are insufficient to make such services available1 make arrangements to make such services available through other ,federal programs4 7g7 ,control ,measures 7#a7 ,in general ,the ,commission shall require each cooperating ,state and cooperating ,state agency to implement effective control measures and to effectively oversee the operation and administration of the adjustment assistance program under this ,act1 including by means of monitoring the operation of control measures to improve the accuracy and timeliness of the data being collected and reported4 7#b7 ,definition ,for purposes of paragraph 7#a71 the term control measures means measures that-- 7,a7 are internal to a system used by a ,state to collect data2 and 7,b7 are designed to ensure the accuracy and verifiability of such data4 7h7 ,data ,reporting 7#a7 ,in general ,any agreement entered into under this section shall require the cooperating ,state or cooperating ,state agency to report to the ,commission on a quarterly basis comprehensive performance accountability data1 to consist of-- 7,a7 the core indicators of performance described in paragraph 7#b77;,a72 7,b7 the additional indicators of performance described in paragraph 7#b77;,b71 if any2 and 7,c7 a description of efforts made to improve outcomes for workers under the adjustment assistance program4 7#b7 ,core indicators described 7,a7 ,in general ,the core indicators of performance described in this paragraph are-- 7i7 the percentage of workers receiving benefits under this ,act who are employed during the first or second calendar quarter following the calendar quarter in which the workers cease receiving such benefits2 7ii7 the percentage of such workers who are employed during the #b calendar quarters following the earliest calendar quarter during which the worker was employed as described in clause 7i72 7iii7 the average earnings of such workers who are employed during the #b calendar quarters described in clause 7ii72 and 7iv7 the percentage of such workers who obtain a recognized postsecondary credential1 including an industry-recognized credential1 or a secondary school diploma or its recognized equivalent if combined with employment under clause 7i71 while receiving benefits under this ,act or during the #a-year period after such workers cease receiving such benefits4 7,b7 ,additional indicators ,the ,commission and a cooperating ,state or cooperating ,state agency may agree upon additional indicators of performance for the adjustment assistance program under this ,act1 as appropriate4 7#c7 ,standards with respect to reliability of data ,in preparing the quarterly report required by paragraph 7#a71 each cooperating ,state or cooperating ,state agency shall establish procedures that are consistent with guidelines to be issued by the ,commission to ensure that the data reported are valid and reliable4 7i7 ,verification of ,eligibility for ,program ,benefits 7#a7 ,in general ,an agreement under this subchapter shall provide that the ,state shall periodically redetermine that a worker receiving benefits under this subchapter who is not a citizen or national of the ,united ,states remains in a satisfactory immigration status4 ,once satisfactory immigration status has been initially verified through the immigration status verification system described in section #aacg7;d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#g7;d77 for purposes of establishing a worker's eligibility for unemployment compensation1 the ,state shall reverify the worker's immigration status if the documentation provided during initial verification will expire during the period in which that worker is potentially eligible to receive benefits under this subchapter4 ,the ,state shall conduct such redetermination in a timely manner1 utilizing the immigration status verification system described in section #aacg7;d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#g7;d774 7#b7 ,procedures ,the ,commission shall establish procedures to ensure the uniform application by the ,states of the requirements of this subsection4 #cjc4 ,administration absent ,state agreement 7a7 ,in general ,in any ,state where there is no agreement in force between a ,state or its agency under section #cjb1 the ,commission shall1 through regulations1 arrange under regulations prescribed by him or her for performance of all necessary functions under title ,,ii1 including provision for a fair hearing for any worker whose application for payments is denied4 7b7 final determination ,a final determination under subsection 7a7 with respect to entitlement to program benefits under title ,,ii is subject to review by the courts in the same manner and to the same extent as is provided by section #bje7;g7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dje7;g774 #cjd4 ,liability of certifying and disbursing officers 7a7 ,no person designated by the ,commission1 or designated pursuant to an agreement under this subchapter1 as a certifying officer1 shall1 in the absence of gross negligence or intent to defraud the ,united ,states1 be liable with respect to any payment certified by him or her under this chapter4 7b7 ,no disbursing officer shall1 in the absence of gross negligence or intent to defraud the ,united ,states1 be liable with respect to any payment by him or her under this ,act if it was based upon a voucher signed by a certifying officer designated as provided in subsection 7a74 #cje4 ,fraud and recovery of overpayments 7a7 ,overpayments 7#a7 ,liability for overpayment ,if a cooperating ,state agency1 the ,commission1 or a court of competent jurisdiction determines that any person has received any payment under this ,act to which the person was not entitled1 including a payment referred to in subsection 7b71 such person shall be liable to repay such amount to the ,state agency or the ,commission1 as the case may be1 except that the ,state agency or the ,commission shall waive such repayment if such agency or the ,commission determines that-- 7,a7 the payment was made without fault on the part of such individual1 and 7,b7 requiring such repayment would cause a financial hardship for the individual 7or the individual's household1 if applicable7 when taking into consideration the income and resources reasonably available to the individual 7or household7 and other ordinary living expenses of the individual 7or household74 7#b7 ,recovery ,unless an overpayment is otherwise recovered1 or waived under paragraph 7#a71 the ,state agency or the ,commission shall recover the overpayment by deductions from any sums payable to such person under this ,act1 under any ,federal unemployment compensation law administered by the ,state agency or the ,commission1 or under any other ,federal law administered by the ,state agency or the ,commission which provides for the payment of assistance or an allowance with respect to unemployment1 and1 notwithstanding any other provision of ,state law or ,federal law to the contrary1 the ,commission may require the ,state agency to recover any overpayment under this ,act by deduction from any unemployment insurance payable to such person under the ,state law1 except that no single deduction under this paragraph shall exceed #ej percent of the amount otherwise payable4 7b7 ,fraud ,if a cooperating ,state agency1 the ,commission1 or a court of competent jurisdiction determines that an individual-- 7#a7 knowingly has made1 or caused another to make1 a false statement or representation of a material fact1 or 7#b7 knowingly has failed1 or caused another to fail1 to disclose a material fact1 and as a result of such false statement or representation1 or of such nondisclosure1 such individual has received any payment under this ,act to which the individual was not entitled1 such individual shall1 in addition to any other penalty provided by law1 be ineligible for any further payments under this ,act4 7c7 ,reversion to ,treasury ,any amount recovered under this section shall be returned to the ,treasury of the ,united ,states4 #cjf4 ,penalties ,any person who-- 7#a7 makes a false statement of a material fact knowing it to be false1 or knowingly fails to disclose a material fact1 for the purpose of obtaining or increasing for that person or for any other person any payment authorized to be furnished under this ,act or pursuant to an agreement under section #bci1 or 7#b7 makes a false statement of a material fact knowing it to be false1 or knowingly fails to disclose a material fact1 when providing information to the ,commission during an investigation of a petition under section #bba1 shall be imprisoned for not more than one year1 or fined under title #ah1 ,united ,states ,code1 or both4 #cjg4 ,agency funding limitations and authorization of appropriations 7a7 ,establishment of fund 7#a7 ,in general ,there is established in the ,treasury of the ,united ,states a separate account to be known as the ,transition ,adjustment ,assistance ,fund4 7#b7 ,use ,amounts in the ,fund shall be available to the ,commission for making expenditures to meet the obligations of the ,united ,states to carry out this ,act4 7b7 ,authorization of ,appropriations 7#a7 ,initial authorization ,there are authorized to be appropriated to the ,transition ,adjustment ,assistance ,fund established under subsection 7a7 for fiscal year #bjae1 #ejj1jjj1jjj to carry out this ,act4 7#b7 ,subsequent authorizations 7,a7 ,in general ,there are authorized to be appropriated to the ,transition ,adjustment ,assistance ,fund established under subsection 7a7 for fiscal years #bjaf through #bba1 such sums as may be necessary to carry out this ,act4 7,b7 ,sense of ,congress ,it is the sense of ,congress that in determining appropriations under subparagraph 7,a71 the ,committees on ,appropriations of the ,house of ,representatives and the ,senate shall take into consideration-- 7i7 any amounts that remained unobligated from amounts appropriated pursuant to paragraph 7#a72 and 7ii7 where available1 the report required under section #cjh7;d7 regarding any savings created from the completion of implementing recommendations of the ,inspector ,general of the agencies described in section #ajb7;b77#b77;,a77iii7 to eliminate wasteful and excessive spending at each such ,agency4 7c7 ,period of ,expenditure ,funds obligated for any fiscal year to carry out activities under sections #bba through #bbd may be expended by each ,state receiving such funds during that fiscal year and the succeeding two fiscal years4 7d7 ,reallotment of ,funds 7#a7 ,in general ,the ,commission may-- 7,a7 reallot funds that were allotted to any ,state to carry out sections #bba through #bbd and that remain unobligated by the ,state during the second or third fiscal year after the fiscal year in which the funds were provided to the ,state2 and 7,b7 provide such reallotted funds to ,states to carry out sections #bba through #bbd in accordance with procedures established by the ,commission4 7#b7 ,requests by ,states ,in establishing procedures under paragraph 7#a77;,b71 the ,commission shall include procedures that provide for the distribution of reallotted funds under that paragraph pursuant to requests submitted by ,states in need of such funds4 7#c7 ,availability of amounts ,the reallotment of funds under paragraph 7#a7 shall not extend the period for which such funds are available for expenditure4 #cjh4 ,agency reports of wasteful and excessive spending required 7a7 ,report on wasteful and excessive spending ,with respect to each of fiscal years #bjae through #bjbj the inspector general of the ,agencies described in section #ajb7;b77#b77;,a77iii7 shall submit to the ,administrator of each such ,agency and to ,congress a report 7in this section referred to as the ,,ig report7 regarding wasteful and excessive spending1 or duplicative programs causing wasteful and excessive spending at such ,agency1 including recommendations for how to eliminate such wasteful and excessive spending4 7b7 ,implementation required ,not later than #b years after the submission of the report required under subsection 7a71 and except as provided in subsection 7c71 the head of each ,agency described in section #ajb7;b77#b77;,a77iii7 shall implement all of the reasonable and cost-effective recommendations in such reports4 7c7 ,exception ,the implementation requirement in subsection 7b7 shall not apply to a recommendation by an inspector general that would violate an existing law4 ,with regard to any such recommendation1 the head of each ,agency described in section #ajb7;b77#b77;,a77iii7 shall submit to ,congress a description of the necessary change to the law to legally implement the recommendation4 7d7 ,report on implementation ,not later than #f months after the end of the implementation period described in subsection 7b71 the head of each ,agency described in section #ajb7;b77#b77;,a77iii7 shall submit to ,congress a report on-- 7#a7 the progress of the implementation of each recommendation in the ,,ig report2 7#b7 the time period required to complete each such implementation2 7#c7 the wasteful and excessive spending1 and duplicative programs causing wasteful and excessive spending within each agency described in the ,,ig report2 7#d7 the savings created from the completion of implementing each recommendation2 and 7#e7 the reason each recommendation was not implemented before the submission of the ,,ig report4 #cji4 ,regulations ,the ,commission shall prescribe such regulations as may be necessary to carry out the provisions of this ,act4 #caj4 ,subpoena power 7a7 ,in general ,the ,commission may require by subpoena the attendance of witnesses and the production of evidence necessary for the ,commission to make a determination under the provisions of this chapter4 7b7 ,contumacy ,if a person refuses to obey a subpoena issued under subsection 7a71 a ,united ,states district court within the jurisdiction of which the relevant proceeding under this ,act is conducted may1 upon petition by the ,commission1 issue an order requiring compliance with such subpoena4