Pub. L. 111-5, div. B, tit. I, subtit. I, pt. I, subpt. C, sec. 1830

PRE-LAYOFF AND PART-TIME TRAINING.

EnactedYear: 2009Length: 374 wordsOfficial source
SEC. 1830. PRE-LAYOFF AND PART-TIME TRAINING.(a) Pre-Layoff Training.—(1) In general.—Section 236(a) of the Trade Act of 1974 (19 U.S.C. 2296(a)) is amended—(A) in paragraph (1), by inserting after “determines” the following: “, with respect to an adversely affected worker or an adversely affected incumbent worker,”;(B) in paragraph (4)—(i) in subparagraphs (A) and (B), by inserting “or an adversely affected incumbent worker” after “an adversely affected worker” each place it appears; and123 STAT. 384(ii) in subparagraph (C), by inserting “or adversely affected incumbent worker” after “adversely affected worker” each place it appears;(C) in paragraph (5), in the matter preceding subparagraph (A), by striking “The training programs” and inserting “Except as provided in paragraph (10), the training programs”;(D) in paragraph (6)(B), by inserting “or adversely affected incumbent worker” after “adversely affected worker”;(E) in paragraph (7)(B), by inserting “or adversely affected incumbent worker” after “adversely affected worker”; and(F) by inserting after paragraph (9) the following:“(10) In the case of an adversely affected incumbent worker, the Secretary may not approve—“(A) on-the-job training under paragraph (5)(A)(i); or“(B) customized training under paragraph (5)(A)(ii), unless such training is for a position other than the worker’s adversely affected employment.“(11) If the Secretary determines that an adversely affected incumbent worker for whom the Secretary approved training under this section is no longer threatened with a total or partial separation, the Secretary shall terminate the approval of such training.”.(2) Definitions.—Section 247 of the Trade Act of 1974 (19 U.S.C. 2319), as amended, is further amended by adding at the end the following:“(19) The term ‘adversely affected incumbent worker’ means a worker who—“(A) is a member of a group of workers who have been certified as eligible to apply for adjustment assistance under subchapter A;“(B) has not been totally or partially separated from adversely affected employment; and“(C) the Secretary determines, on an individual basis, is threatened with total or partial separation.”.(b) Part-Time Training.—Section 236 of the Trade Act of 1974 (19 U.S.C. 2296), as amended, is further amended by adding at the end the following:“(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 231.”.
Pub. L. 111-5, div. B, tit. I, subtit. I, pt. I, subpt. C, sec. 1830: PRE-LAYOFF AND PART-TIME TRAINING. | Justis AI