TRAINING FUNDING.

SEC. 1828. TRAINING FUNDING.(a) In General.—Section 236(a)(2) of the Trade Act of 1974 (19 U.S.C. 2296(a)(2)) is amended to read as follows:“(2)(A) The total amount of payments that may be made under paragraph (1) shall not exceed—“(i) for each of the fiscal years 2009 and 2010, $575,000,000; and“(ii) for the period beginning October 1, 2010, and ending December 31, 2010, $143,750,000.“(B)(i) The Secretary shall, as soon as practicable after the beginning of each fiscal year, make an initial distribution of the funds made available to carry out this section, in accordance with the requirements of subparagraph (C).“(ii) The Secretary shall ensure that not less than 90 percent of the funds made available to carry out this section for a fiscal year are distributed to the States by not later than July 15 of that fiscal year.“(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 chapter 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;“(IV) the amount of funding estimated to be necessary to provide training approved under this section to such workers during the fiscal year; and“(V) such other factors as the Secretary considers appropriate relating to the provision of training under this section.“(iii) In no case may the amount of the initial distribution to a State pursuant to subparagraph (B)(i) in a fiscal year be less than 25 percent of the initial distribution to the State in the preceding 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.123 STAT. 382“(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.”.(b) Determinations Regarding Training.—Section 236(a)(9) of the Trade Act of 1974 (19 U.S.C. 2296(a)(9)) is amended—(1) by striking “The Secretary” and inserting “(A) Subject to subparagraph (B), the Secretary”; and(2) by adding at the end the following:“(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 part 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).”.(c) Regulations.—Section 236 of the Trade Act of 1974 (19 U.S.C. 2296) is amended by adding at the end the following:“(g) Regulations With Respect to Apportionment of Training Funds to States.—“(1) In general.—Not later than 1 year after the date of the enactment of this subsection, the Secretary shall issue such regulations as may be necessary to carry out the provisions of subsection (a)(2).“(2) Consultations.—The Secretary shall consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives not less than 90 days before issuing any regulation pursuant to paragraph (1).”.(d) Effective Date.—This section and the amendments made by this section shall take effect upon the expiration of the 90-day period beginning on the date of the enactment of this Act, except that—(1) subparagraph (A) of section 236(a)(2) of the Trade Act of 1974, as amended by subsection (a) of this section, shall take effect on the date of the enactment of this Act; and(2) subparagraphs (B), (C), and (D) of such section 236(a)(2) shall take effect on October 1, 2009.