Sec. 6. Workforce innovation and opportunity act pilot program
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Not later than 90 days after the date of the enactment of this Act, the Secretary of Labor, in consultation with the Director, shall establish a pilot program under section 169(c) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3224(c) ) to assist dislocated workers in economically distressed communities. A dislocated worker shall be certified by the Secretary as eligible to participate in the pilot program under this section if— the dislocated worker was, within the 60-month period prior to the date of enactment of this Act, employed in an occupation primarily associated with the generation of electricity from coal as a fuel source; or the Secretary determines, based on available information that a worker, or significant proportion of the workers’ employment site that primarily generates electricity from coal, including an associated mine, has become totally, partially, or are likely to be separated from employment.
The Secretary shall, in determining whether to certify a worker or group of workers under subsection (b), obtain information the Secretary determines to be necessary to make the certification from— the employer of the worker or group of workers; officials of certified or recognized labor organizations or other duly authorized representatives of the group of workers; or one-stop operators or one-stop partners (as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 )).
The Secretary shall require an employer, labor organization, or one-stop operator or partner to certify all information obtained under paragraph
(1)from the employer, labor organization, or one-stop operator or partner (as the case may be) on which the Secretary relies in making a determination under subsection (b), unless the Secretary has reasonable basis for determining that such information is accurate and complete without being certified. In establishing the pilot program under this section, the Secretary of Labor and the Director shall consider, in addition to other such criteria as the Secretary of Labor and the Director of the Council determine appropriate, the extent to which the pilot program will be able to provide dislocated workers in economically distressed communities education, employment search, or training opportunities to— support entrepreneurship and small business development; and enter jobs in energy-related industries, with an emphasis on construction, engineering, manufacturing, or retro-fitting jobs for renewable energy, energy efficiency, carbon dioxide removal, or carbon capture, utilization, and storage projects. Not later than 180 days after the date of enactment of this Act, the Secretary of Labor shall consult with entities described in paragraph
(2)to evaluate lessons learned, solicit best practices, and evaluate the feasibility of, and solicit best practices or lessons learned for establishing or expanding transitional support benefits through programs described in paragraph
(1)for eligible dislocated workers participating in the pilot program established under this section. The programs described in this paragraph are as follows: Under a State plan amendment pursuant to section 1916A of the Social Security Act ( 42 U.S.C. 1396o–1 ). Wage differential benefits, in terms of the difference in wages previously earned on a weekly basis by an employee from an employer that is directly associated with the operation of a covered electric generating station or associated mine in the final applicable calendar year of such operation, and compensation received by a dislocated worker who, as part of an unemployment fund administered by a State agency, is experiencing employment loss directly associated with the closure or cessation of operations at a covered electric generating station or associated mine (as the case may be). Continuation coverage under a COBRA continuation provision (as defined in section 7333(d)(1) of the Employee Retirement Income Security Act of 1974) or a similar State program, or under section 8905(a) of title 5, United States Code. Benefits similar in type, amount, and duration pursuant to chapter 2 of title II of the Trade Act of 1974 ( 19 U.S.C. 2101 ). An entity described under this paragraph shall have demonstrated experience providing one or multiple programs described in paragraph
(1)to dislocated workers, including— a Chief Executive Officer of a State; a State public health official; a Local workforce development board; a State workforce development board; or the head of a Federal agency. The Secretary of Labor shall carry out the pilot program under this section for a period of not less than 10 years. A dislocated worker participating in the pilot program under this section may participate for a period to be determined by the Secretary and in consultation with the Director, until such point that— a dislocated worker obtains full-time employment; or a dislocated worker submits a request for an extension to participate in the pilot program to the Secretary due to the length of training, education, or job placement services received through the pilot program under this section exceeding the initial period for participation determined by the Secretary. In carrying out this section, the Secretary of Labor and the Director shall submit to the appropriate committees of Congress a report annually describing— recommendations for establishing transitional support benefits as a benefit provided under the pilot program under this section for dislocated workers as described in subsection (e)(1); recommendations for developing tailored educational and instructional curricula for dislocated workers to obtain skills, certification, or training required for emerging energy-related industries or other industries; barriers impacting dislocated workers from entering emerging energy-related industries or finding employment in other industries; and such other information as the Secretary of Labor and the Director determine appropriate. There are authorized to be appropriated to the Secretary of Labor to carry out this section $100,000,000 for fiscal year 2022, which shall remain available until expended. Not more than 5 percent of the amount appropriated under paragraph
(1)shall be used for administrative purposes.
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- 42 USC 1396o–1
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Sec. 6
Workforce innovation and opportunity act pilot program
Cite42 USC 1396o–1
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