§ 2296. Training
(a)
In general
(1)
If the Secretary determines, with respect to an adversely affected worker or an adversely affected incumbent worker, that—
(A)
there is no suitable employment (which may include technical and professional employment) available for an adversely affected worker,
(D)
training approved by the Secretary is reasonably available to the worker from either governmental agencies or private sources (which may include area career and technical education schools, as defined in section
2302 of title
20, and employers) [1]
the Secretary shall approve such training for the worker. Upon such approval, the worker shall be entitled to have payment of the costs of such training (subject to the limitations imposed by this section) paid on the worker’s behalf by the Secretary directly or through a voucher system.
(2)
(B)
(C)
(i)
In making the initial distribution of funds pursuant to subparagraph (B)(i) for a fiscal year, the Secretary shall hold in reserve 35 percent of the funds made available to carry out this section for that fiscal year for additional distributions during the remainder of the fiscal year.
(ii)
Subject to clause (iii), in determining how to apportion the initial distribution of funds pursuant to subparagraph (B)(i) in a fiscal year, the Secretary shall take into account, with respect to each State—
(I)
the trend in the number of workers covered by certifications of eligibility under this part during the most recent 4 consecutive calendar quarters for which data are available;
(II)
the trend in the number of workers participating in training under this section during the most recent 4 consecutive calendar quarters for which data are available;
(III)
the number of workers estimated to be participating in training under this section during the fiscal year;
(D)
The Secretary shall establish procedures for the distribution of the funds that remain available for the fiscal year after the initial distribution required under subparagraph (B)(i). Such procedures may include the distribution of funds pursuant to requests submitted by States in need of such funds.
(E)
If, during a fiscal year, the Secretary estimates that the amount of funds necessary to pay the costs of training approved under this section will exceed the dollar amount limitation specified in subparagraph (A), the Secretary shall decide how the amount of funds made available to carry out this section that have not been distributed at the time of the estimate will be apportioned among the States for the remainder of the fiscal year.
(3)
For purposes of applying paragraph (1)(C), a reasonable expectation of employment does not require that employment opportunities for a worker be available, or offered, immediately upon the completion of training approved under paragraph (1).
(4)
(A)
If the costs of training an adversely affected worker or an adversely affected incumbent worker are paid by the Secretary under paragraph (1), no other payment for such costs may be made under any other provision of Federal law.
(B)
No payment may be made under paragraph (1) of the costs of training an adversely affected worker or an adversely affected incumbent worker if such costs—
(C)
The provisions of this paragraph shall not apply to, or take into account, any funds provided under any other provision of Federal law which are used for any purpose other than the direct payment of the costs incurred in training a particular adversely affected worker or adversely affected incumbent worker, even if such use has the effect of indirectly paying or reducing any portion of the costs involved in training the adversely affected worker or adversely affected incumbent worker.
(5)
Except as provided in paragraph (10), the training programs that may be approved under paragraph (1) include, but are not limited to—
(A)
employer-based training, including—
(iii)
apprenticeship programs registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.),
(B)
any training program provided by a State pursuant to title I of the Workforce Investment Act of 1998 [29 U.S.C. 2801 et seq.],
(C)
any training program approved by a private industry council established under section 102 of such Act,
(E)
any program of prerequisite education or coursework required to enroll in training that may be approved under this section,
(F)
any training program (other than a training program described in paragraph (7)) for which all, or any portion, of the costs of training the worker are paid—
(H)
any training program or coursework at an accredited institution of higher education (described in section
1002 of title
20), including a training program or coursework for the purpose of—
(6)
(A)
The Secretary is not required under paragraph (1) to pay the costs of any training approved under paragraph (1) to the extent that such costs are paid—
(B)
Before approving any training to which subparagraph (A) may apply, the Secretary may require that the adversely affected worker or adversely affected incumbent worker enter into an agreement with the Secretary under which the Secretary will not be required to pay under this section the portion of the costs of such training that the worker has reason to believe will be paid under the program, or by the source, described in clause (i) or (ii) of subparagraph (A).
(7)
The Secretary shall not approve a training program if—
(A)
all or a portion of the costs of such training program are paid under any nongovernmental plan or program,
(8)
The Secretary may approve training for any adversely affected worker who is a member of a group certified under subpart A of this part at any time after the date on which the group is certified under subpart A of this part, without regard to whether such worker has exhausted all rights to any unemployment insurance to which the worker is entitled.
(9)
(A)
Subject to subparagraph (B), the Secretary shall prescribe regulations which set forth the criteria under each of the subparagraphs of paragraph (1) that will be used as the basis for making determinations under paragraph (1).
(B)
(i)
In determining under paragraph (1)(E) whether a worker is qualified to undertake and complete training, the Secretary may approve training for a period longer than the worker’s period of eligibility for trade readjustment allowances under division I if the worker demonstrates a financial ability to complete the training after the expiration of the worker’s period of eligibility for such trade readjustment allowances.
(ii)
In determining the reasonable cost of training under paragraph (1)(F) with respect to a worker, the Secretary may consider whether other public or private funds are reasonably available to the worker, except that the Secretary may not require a worker to obtain such funds as a condition of approval of training under paragraph (1).
(b)
Supplemental assistance
The Secretary may, where appropriate, authorize supplemental assistance necessary to defray reasonable transportation and subsistence expenses for separate maintenance when training is provided in facilities which are not within commuting distance of a worker’s regular place of residence. The Secretary may not authorize—
(c)
On-the-job training requirements
(1)
In general
The Secretary may approve on-the-job training for any adversely affected worker if—
(B)
the Secretary determines that on-the-job training—
(i)
can reasonably be expected to lead to suitable employment with the employer offering the on-the-job training;
(2)
Monthly payments
The Secretary shall pay the costs of on-the-job training approved under paragraph (1) in monthly installments.
(3)
Contracts for on-the-job training
(A)
In general
The Secretary shall ensure, in entering into a contract with an employer to provide on-the-job training to a worker under this subsection, that the skill requirements of the job for which the worker is being trained, the academic and occupational skill level of the worker, and the work experience of the worker are taken into consideration.
(4)
Exclusion of certain employers
The Secretary 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—
(5)
Labor standards
The Secretary may pay the costs of on-the-job training, notwithstanding any other provision of this section, only if—
(A)
no currently employed worker is displaced by such adversely affected worker (including partial displacement such as a reduction in the hours of nonovertime work, wages, or employment benefits),
(B)
such training does not impair existing contracts for services or collective bargaining agreements,
(C)
in the case of training which would be inconsistent with the terms of a collective bargaining agreement, the written concurrence of the labor organization concerned has been obtained,
(D)
no other individual is on layoff from the same, or any substantially equivalent, job for which such adversely affected worker is being trained,
(E)
the employer has not terminated the employment of any regular employee or otherwise reduced the workforce of the employer with the intention of filling the vacancy so created by hiring such adversely affected worker,
(F)
the job for which such adversely affected worker is being trained is not being created in a promotional line that will infringe in any way upon the promotional opportunities of currently employed individuals,
(G)
such training is not for the same occupation from which the worker was separated and with respect to which such worker’s group was certified pursuant to section
2272 of this title,
(H)
the employer is provided reimbursement of not more than 50 percent of the wage rate of the participant, for the cost of providing the training and additional supervision related to the training,
(I)
the employer has not received payment under subsection (a)(1) of this section with respect to any other on-the-job training provided by such employer which failed to meet the requirements of subparagraphs (A), (B), (C), (D), (E), and (F), and
(J)
the employer has not taken, at any time, any action which violated the terms of any certification described in subparagraph (H) made by such employer with respect to any other on-the-job training provided by such employer for which the Secretary has made a payment under subsection (a)(1) of this section.
(d)
Eligibility
An adversely affected worker may not be determined to be ineligible or disqualified for unemployment insurance or program benefits under this subpart—
(e)
“Suitable employment” defined
For purposes of this section the term “suitable employment” means, with respect to a worker, work of a substantially equal or higher skill level than the worker’s past adversely affected employment, and wages for such work at not less than 80 percent of the worker’s average weekly wage.
(f)
“Customized training” defined
For purposes of this section, the term “customized training” means training that is—
(g)
Regulations with respect to apportionment of training funds to States
(h)
Part-time training
(1)
In general
The Secretary may approve full-time or part-time training for a worker under subsection (a).
(2)
Limitation
Notwithstanding paragraph (1), a worker participating in part-time training approved under subsection (a) may not receive a trade readjustment allowance under section
2291 of this title.
[1] So in original. Probably should be followed by a comma.