Pub. L. 100-418, tit. I, subtit. D, pt. 3, sec. 1424
JOB TRAINING FOR WORKERS.
SEC 1424. JOB TRAINING FOR WORKERS. (a) In General.— Subsection (a) of section 236 of the Trade Act of 1974 (19 U.S.C. 2296(a)) is amended— (1) by striking out “is available” in paragraph (1)(D) and inserting in lieu thereof “is reasonably available”, (2) by striking out “, and” at the end of subparagraph (D) of paragraph (1), (3) by adding “and” at the end of subparagraph (E) of paragraph (1), (4) by inserting after subparagraph (E) of paragraph (1) the following new subparagraph: “(F) such training is suitable for the worker and available at a reasonable cost,”, (5) by striking out “(to the extent appropriated funds are available)” in the first sentence of paragraph (1), (6) by inserting “(subject to the limitations imposed by this section)” after “costs of such training” in the second sentence of paragraph (1), (7) by inserting “directly or through a voucher system” after “by the Secretary” in the second sentence of paragraph (1), (8) by striking out “and” at the end of subparagraph (C) of paragraph (4), (9) by redesignating subparagraph (D) of paragraph (4) as subparagraph (F) of paragraph (4), (10) by inserting after subparagraph (C) of paragraph (4) the following new subparagraphs: “(D) any program of remedial education, “(E) 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— “(i) under any Federal or State program other than this chapter, or “(ii) from any source other than this section, and”, (11) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively, (12) by inserting after paragraph (1) the following new paragraph: “(2) (A) The total amount of payments that may be made under paragraph (1) for any fiscal year shall not exceed $80,000,000. “(B) If, during any fiscal year, the Secretary estimates that the amount of funds necessary to pay the costs of training approved 102 STAT. 1249under this section will exceed the amount of the limitation imposed under subparagraph (A), the Secretary shall decide how the portion of such limitation that has not been expended at the time of such estimate is to be apportioned among the States for the remainder of such fiscal year.”, and (13) by adding at the end of subsection (a) the following new paragraphs: “(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— “(i) under any Federal or State program other than this chapter, or “(ii) from any source other than this section. “(B) Before approving any training to which subparagraph (A) may apply, the Secretary may require that the adversely affected 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 subparagraph (A) or (B) of paragraph (1). “(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, “(B) the adversely affected worker has a right to obtain training or funds for training under such plan or program, and “(C) such plan or program requires the worker to reimburse the plan or program from funds provided under this chapter, or from wages paid under such training program, for any portion of the costs of such training program paid under the plan or program. “(8) The Secretary may approve training for any adversely affected worker who is a member of a group certified under subchapter A at any time after the date on which the group is certified under subchapter A, without regard to whether such worker has exhausted all rights to any unemployment insurance to which the worker is entitled. “(9) 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) Delayed Increase in Limitation.— Paragraph (2) of section 236(a) of the Trade Act of 1974, as added by subsection (a)(12) of this section, is amended by striking out “$80,000,000” in subparagraph (A) and inserting in lieu thereof “$120,000,000”. (c) On-the-Job Training.— Section 236 of the Trade Act of 1974 (19 U.S.C. 2296) is amended— (1) by striking out that portion of subsection (d) that precedes paragraph (1) and inserting in lieu thereof the following: “(a) The Secretary shall pay the costs of any on-the-job training of an adversely affected worker that is approved under subsection (a)(1) in equal monthly installments, but the Secretary may pay such costs, notwithstanding any other provision of this section, only if—”, (2) by striking out subsection (c), and (3) by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively. (d) Agreements With the States.— 102 STAT. 1250 (1) (A) Section 235 of the Trade Act of 1974 (19 U.S.C. 2295) is amended by striking out “cooperating State agencies” and inserting in lieu thereof “the States”. (B) Subsection (e) of section 239 of the Trade Act of 1974 (19 U.S.C. 2311(e)) is amended to read as follows: “(e) Any agreement entered into under this section shall provide for the coordination of the administration of the provisions for employment services, training, and supplemental assistance under sections 235 and 236 of this Act and under title III of the Job Training Partnership Act upon such terms and conditions as are established by the Secretary in consultation with the States and set forth in such agreement. Any agency of the State jointly administering such provisions under such agreement shall be considered to be a cooperating State agency for purposes of this chapter.”. (2) Subsection (f) of section 239 of the Trade Act of 1974 (19 U.S.C. 2311(f)) is amended to read as follows: “(f) Each cooperating State agency shall, in carrying out subsection (a)(2)— “(1) advise each worker who applies for unemployment insurance of the benefits under this chapter and the procedures and deadlines for applying for such benefits, “(2) facilitate the early filing of petitions under section 221 for any workers that the agency considers are likely to be eligible for benefits under this chapter, “(3) advise each adversely affected worker to apply for training under section 236(a) before, or at the same time, the worker applies for trade readjustment allowances under part I of sub-chapter B, and “(4) as soon as practicable, interview the adversely affected worker regarding suitable training opportunities available to the worker under section 236 and review such opportunities with the worker.”.