Sec. 208. Assistance for adversely affected workers
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/bill/118/hr/9230/ih/section-208·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Using amounts made available to the Secretary of Labor in the Worker and Community Assistance Fund, the Secretary of Labor shall provide assistance to each eligible adversely affected worker in accordance with this section. To be eligible to receive assistance under this section, a petition shall be filed with the Secretary and the Governor of the applicable State, simultaneously, by (or on behalf of) an adversely affected worker or a group of adversely affected workers that meets the requirements of subsection (c). A petition under subparagraph
(A)may be filed on behalf of an individual adversely affected worker or a group of adversely affected workers by one of the following: The certified or recognized union or other duly authorized representative of such worker or workers. An employer of such worker or workers. A one-stop operator or one-stop partners (as defined in section 3 of the Workforce Innovation and Opportunity Act) including State employment security agencies. A State, or an entity designated by a State, carrying out rapid response activities pursuant to title I of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3111 et seq. ). For purposes of subparagraph (A), the term applicable State applicable State, when used with respect to an adversely affected worker or a group of such workers, means the State in which the employment site of such worker or workers is located. Upon receipt of a petition filed under paragraph (1), the Secretary of Labor shall promptly publish notice in the Federal Register and on the website of the Department of Labor that the Secretary has received, and is reviewing, the petition. Upon receipt of a petition filed under paragraph (1), the Governor shall— ensure that rapid response activities and appropriate career services (as described in section 134 of the Workforce Innovation and Opportunity Act) authorized under other Federal laws are made available to each adversely affected worker covered by the petition to the extent authorized under such laws; and assist the Secretary of Labor in the review of the petition by verifying the information provided under the petition and providing such other assistance as the Secretary of Labor may request. An adversely affected worker who works or has worked at an employment site of an impacted employer or a group of adversely affected workers from the same employment site of an impacted employer shall be certified by the Secretary of Labor as eligible to receive assistance under this section if the Secretary determines that the petition filed under subsection
(b)by or on behalf of such individual or group demonstrates that— such individual worker or each individual worker in such group is an adversely affected worker who has been (or who has been at risk to be) totally separated or partially separated from employment with such impacted employer for not longer than the 1-year period ending on the date on which such petition is filed; a significant number or percentage of the workers at such employment site are adversely affected workers; and the sales, production, or delivery of goods or services at such employment site has decreased as a result of any requirement of title VII of the Clean Air Act, as added by this Act, which may be demonstrated by evidence— in the case of a facility of such employer that mines, produces, processes, or utilizes fossil fuels to generate electricity, that the shift from reliance upon fossil fuels to other sources of energy has resulted in the closing of such facility or in the partial separation or total separation of a significant number or percentage of workers at such employment site; in the case of a manufacturing facility, of a substantial increase in the cost of energy and other inputs required for such facility to produce items whose prices are competitive in the marketplace, and such cost increase is not significantly offset by emission allowance allocation to the facility pursuant to title VII of the Clean Air Act, as added by this Act; or of other documented occurrences of such decreases at such employment site that the Secretary of Labor determines are indicators of an adverse impact on the industry in which such employer is primarily engaged as a result of any requirement of title VII of the Clean Air Act, as added by this Act. As soon as possible after the date on which a petition is filed under subsection
(b)and not later than 60 days after that date, the Secretary of Labor, in consultation with the Administrator of the Environmental Protection Agency, as necessary, shall— determine whether the worker or group of workers who filed the petition or on whose behalf such a petition was filed meets the requirements of subsection (c); upon reaching a determination with respect to a petition, promptly publish a summary of the determination in the Federal Register and on the website of the Department of Labor, which shall include the first date of the total separation or partial separation (or the risk of total separation or partial separation) from employment with an impacted employer of each worker covered by the petition; and if the Secretary determines that such petition meets the requirements of subsection (c)— publish a certification that such worker or workers are eligible for the assistance described in subsections
(e)and (f); and notify the representatives of the industry in which the worker or workers were employed, the employer or previous employer of such worker or workers, and any entity that filed the petition on behalf of the worker or workers, of— the assistance described in subsections
(e)and (f); and an explanation of how to apply for such assistance. An adversely affected worker covered by a certification under subsection
(d)may be eligible to receive the wage adjustment assistance described in this subsection— if the worker is or was employed in a State with an agreement described in paragraph (2), by submitting to such State an application for such assistance; or if the worker is or was employed in a State with no such agreement, by complying with the regulations issued by the Secretary pursuant to paragraph (4). The Secretary of Labor may enter into an agreement with a State or State agency, which shall provide for each of the following: The State or State agency shall receive applications from adversely affected workers pursuant to paragraph (1)(A). The terms and conditions for amending, suspending, or terminating such agreement. An adversely affected worker receiving wage adjustment assistance under this subsection shall not be eligible for unemployment insurance otherwise payable to such worker under the laws of the State. The State or State agency shall perform outreach to adversely affected workers in the State covered by a certification under subsection
(d)with respect to the assistance available to such workers under this subsection. The Secretary shall provide funds to the State or State agency to provide the assistance described in this subsection, and in addition to such funds, the State shall receive a payment from the Secretary in an amount that is equal to 15 percent of the amount of such funds for administrative expenses, including— reviewing petitions under subsection (b)(3); collecting, validating, and reporting data required under this section; providing information and employment services; and administering wage adjustments under this subsection. Payment of a wage adjustment assistance shall be made to an adversely affected worker covered by a certification published by the Secretary of Labor pursuant to subsection
(d)who files an application with a State or State agency under paragraph
(1)for such assistance for any month of total separation or partial separation from employment with an impacted employer, if the following conditions are met: The first month of such total separation or partial separation occurred during the period beginning on the date that is 1 year before, and ending on the date that is 2 years after, the date of such certification. Such worker had, in the 52-week period ending with the week in which such total separation or partial separation first occurred, at least 26 weeks of full-time employment or 1,040 hours of part-time employment with an impacted employer, or, if data with respect to weeks of employment are not available, equivalent amounts of employment computed under regulations prescribed by the Secretary of Labor. For the purposes of this clause, a week shall be treated as a week of employment in which such worker— is on employer-authorized leave for purposes of vacation, sickness, injury, parental or family leave, or inactive duty or active duty military service for training; 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; had employment interrupted in order to serve as a full-time representative of a labor organization in such firm; or performs service in the uniformed services as such term is defined in section 4303 of title 38, United States Code. An adversely affected worker receiving a payment under this subsection shall be ineligible to receive any other form of unemployment insurance for the period in which such worker is receiving a wage adjustment assistance under this section. Payments under this subsection shall be provided to an individual in an amount which, for each month during an applicable period, is equal to— the average amount of monthly remuneration for employment paid to such individual during the 12-month period prior to the first month of total separation or partial separation identified in subparagraph (A)(i); minus an amount equal to the sum of— any wages received by such individual with respect to employment during such month; plus any payments made to such individual pursuant to a Federal benefit program during such month. During the applicable period, an eligible individual shall notify the Secretary of Labor or cooperating State agency, if applicable, with respect to any wages, payments, or compensation described in clause (i)(II)(aa). For purposes of this subsection, the term applicable period means, with respect to an individual receiving assistance under this subsection, the 36-month period subsequent to the first month of total separation or partial separation identified in subparagraph (A)(i). Any payment to an eligible individual under this subsection shall be provided on a basis which is not less frequent than once per month during the applicable period. In the case of a calendar year beginning after the date that the employment of an eligible individual is terminated, the dollar amount of the payment determined under subsection
(a)shall be increased by an amount equal to— such dollar amount, multiplied by the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 for such calendar year, determined by substituting calendar year 2023 for calendar year 2016 in subparagraph (A)(ii) thereof. For purposes of the Internal Revenue Code of 1986, the amount of any payment provided to a qualified individual under this subsection shall be included in gross income and treated as wages (as defined in section 3121(a) of such Code). For any State where there is no agreement in force between a State or its agency under paragraph (1), the Secretary of Labor shall promulgate regulations for the performance of all necessary functions under this subsection. Not later than 1 year after the date of enactment of this section, the Secretary of Labor shall prescribe regulations to provide, for a period of no longer than 36 months, 80 percent of the monthly premium of any health insurance coverage that an adversely affected worker who is covered by a certification published pursuant to subsection
(d)was receiving through such worker’s employer prior to the separation from employment, to be paid to any health care insurance plan designated by the adversely affected worker receiving assistance under this section. The Secretary of Labor, in consultation with the Secretary of Labor of Education, shall carry out a program of educational assistance for any eligible adversely affected worker who is covered by a certification published pursuant to subsection
(d)and child of such worker that is comparable to the program of education assistance administered by the Secretary of Labor of Veterans Affairs under chapter 33 of title 38, United States Code, except that an eligible worker, and each child of such worker, may receive the educational assistance provided under the program. The Secretary of Labor shall provide, directly or through agreements with the States similar to agreements described in subsection (e), to adversely affected workers covered by a certification under this section information related to, and, when appropriate, facilitate enrollment in— training, employment counseling, employment opportunities, and placement services for adversely affected workers, available in local and regional areas, including information on how to apply for such training and services; training programs and other services provided by a State pursuant to title I of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3111 et seq. ) and available in local and regional areas, including information on how to apply for such training; educational opportunities and information related 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 ); short-term prevocational services, including development of learning skills, communications skills, interviewing skills, personal maintenance skills, and professional conduct to prepare individuals for employment or training; and support services in local and regional areas, including services related to childcare, personal counseling (including substance abuse treatment, suicide prevention, and mental health care), family counseling, bankruptcy and financial counseling, transportation, dependent care, housing assistance, and need-related payments. If the Secretary of Labor or a court of competent jurisdiction determines that any person has received any payment under this section to which the individual was not entitled, such individual shall be liable to repay such amount to the Secretary of Labor or to the State that made such payment pursuant to an agreement under subsection (e), except that the Secretary of Labor or such State may waive such repayment if the Secretary or the State determines that— the payment was made without fault on the part of such individual; and requiring such repayment would cause a financial hardship for the individual (or the individual’s household, if applicable) when taking into consideration the income and resources reasonably available to the individual (or household) and other ordinary living expenses of the individual (or household). Unless an overpayment is otherwise recovered, or waived under paragraph (1), the Secretary of Labor shall recover the overpayment by deductions from any sums payable to such person under this section, under any Federal unemployment compensation law, or other Federal law administered by the Secretary of Labor which provides for the payment of assistance with respect to unemployment. Any amount recovered under this section shall be returned to the Treasury of the United States.
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- 20 USC 1070a–16
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