Sec. 242. Training and support for employment
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/bill/115/s/987/is/section-242A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term career services means services described in section 134(c)(2) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(c)(2) ). The term eligible adversely affected worker means a certified adversely affected worker who has been awarded adjustment assistance under section 221(b)(2). The term suitable employment , used with respect to an eligible adversely affected worker, means employment— at a wage that is not less than 90 percent of the wage the worker received on the day before the date described in section 213(b); and that meets such other requirements as the Secretary may specify.
The term training services means services provided under section 134(c)(3) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(c)(3) ). Each fiscal year, the Secretary shall use a portion of the funds made available under section 251 to carry out this section. From that portion, the Secretary shall— reserve an amount for the Secretary to use in ensuring the availability of rapid response activities and career services under section 211(b)(1); reserve an amount to grant job search allowances under subsection (d); reserve an amount to grant relocation allowance under subsection (e); and use the remainder of the portion to carry out subsection (c).
Each fiscal year, the Secretary shall use the remainder described in subsection (b)(4) to provide career services and training services to eligible adversely affected workers, or to contribute to the costs of the one-stop delivery system involved. The Secretary shall treat the funds in that remainder as if the funds are part of the amount described in section 132(b)(2)(B) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3172(b)(2)(B) ), except that— all funds in that remainder may only be used to provide career services and training services to eligible adversely affected worker, or to contribute to the costs of the one-stop delivery system involved, as described in section 133(b)(5)(B)(ii) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3173(b)(5)(B)(ii) ); the funds in that remainder shall not be counted for purposes of applying section 132(b)(2)(B)(iii) or 133(b)(2)(B)(iii) of that Act ( 29 U.S.C. 3172(b)(2)(B)(iii) , 3173(b)(2)(B)(iii)); and section 133(b)(4) of that Act ( 29 U.S.C. 3173(b)(4) ) shall not apply to the funds in that remainder.
The Secretary shall establish procedures for an initial distribution to States of reserved funds described in subsection (b)(2) and available for a fiscal year. Such procedures may include the distribution of funds pursuant to requests submitted by States in need of such funds. The Secretary shall establish procedures for the distribution to States of the reserved funds that remain available for the fiscal year after the initial distribution required under clause (i). Such procedures may include the distribution of funds pursuant to requests submitted by States in need of such funds.
Each State may use funds distributed to the State under subparagraph
(A)to allow an eligible adversely affected worker who has completed a program of training services or has received appropriate career services to file an application with the Secretary for payment of a job search allowance. The Secretary may grant an allowance pursuant to an application filed under subparagraph
(B)when all of the following apply: The allowance is paid to assist a worker described in subparagraph
(B)in securing a job within the United States. The Secretary determines that the worker cannot reasonably be expected to secure suitable employment in the commuting area in which the worker resides. The worker has filed an application for the allowance with the Secretary at such time and containing such information as the Secretary may determine. Any allowance granted under paragraph
(1)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 Secretary in regulations. Reimbursement under this paragraph may not exceed $1,250 for any worker. Notwithstanding subparagraphs
(A)and (B), a State may reimburse any worker described in paragraph (1)(B) for necessary expenses incurred by the worker in participating in a job search program approved by the Secretary. The Secretary shall establish procedures for an initial distribution to States of reserved funds described in subsection (b)(3) and available for a fiscal year. Such procedures may include the distribution of funds pursuant to requests submitted by States in need of such funds. The Secretary shall establish procedures for the distribution to States of the reserved funds that remain available for the fiscal year after the initial distribution required under clause (i). Such procedures may include the distribution of funds pursuant to requests submitted by States in need of such funds. Each State may use funds distributed to the State under subparagraph
(A)to allow an eligible adversely affected worker to file an application for a relocation allowance with the Secretary, and the Secretary may grant the relocation allowance, subject to the terms and conditions of this subsection. The relocation allowance may be granted if all of the following terms and conditions are met: The relocation allowance will assist an eligible adversely affected worker in relocating within the United States to receive training services or for employment. The Secretary determines that the worker cannot reasonably be expected to secure— in the case of a worker relocating to receive training services, suitable training services in the commuting area in which the worker resides; and in the case of a worker relocating for employment, suitable employment in that commuting area. The worker is totally or partially separated, or is threatened to become totally or partially separated, from employment at the time relocation commences. The worker— in the case of a worker relocating to receive training services or for employment after receiving training services, obtains approval from the Secretary for the program of training services involved; or in the case of a worker relocating for employment, has obtained suitable employment affording a reasonable expectation of long-term duration in the area in which the worker wishes to relocate, or has obtained a bona fide offer of such employment. The worker filed an application with the Secretary before— in the case of a worker relocating for employment or to receive training services, the later of— the 425th day after the date of the certification under section 212 that covers the worker; or the 425th day after the date of the worker's last total separation; or in the case of a worker relocating for employment after receiving training services, the date that is the 182d day after the date on which the worker concluded a program of training services approved by the Secretary under subparagraph (D)(i). Any relocation allowance granted to a worker under paragraph
(1)shall include— not more than 90 percent of the reasonable and necessary expenses (including subsistence and transportation expenses at levels not exceeding those allowable as specified in regulations prescribed by the Secretary) incurred in transporting the worker, the worker's family, and household effects; and a lump sum equivalent to 3 times the worker's average weekly wage, up to a maximum payment of $1,250. A relocation allowance may not be granted to a worker unless— in the case of a worker relocating for employment or to receive training services, the relocation occurs within 182 days after the filing of the application for relocation assistance; or in the case of a worker relocating for employment after receiving training services, the relocation occurs within 182 days after the conclusion of a program of training services approved by the Secretary under paragraph (2)(D)(i).
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