                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 12--TRADE ACT OF 1974
 
     SUBCHAPTER II--RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
 
                Part 2--Adjustment Assistance for Workers
 
                       subpart b--program benefits
 
Sec. 2296. Training


(a) Approval of training; limitation on expenditures; reasonable 
        expectation of employment; payment of costs; approved training 
        programs; nonduplication of payments from other sources; 
        disapproval of certain programs; exhaustion of unemployment 
        benefits; promulgation of regulations

    (1) If the Secretary determines that--
        (A) there is no suitable employment (which may include technical 
    and professional employment) available for an adversely affected 
    worker,
        (B) the worker would benefit from appropriate training,
        (C) there is a reasonable expectation of employment following 
    completion of such training,
        (D) training approved by the Secretary is reasonably available 
    to the worker from either governmental agencies or private sources 
    (which may include area vocational education schools, as defined in 
    section 195(2) of the Vocational Education Act of 1963,\1\ and 
    employers) \2\
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    \1\ See References in Text note below.
    \2\ So in original. Probably should be followed by a comma.
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        (E) the worker is qualified to undertake and complete such 
    training, and
        (F) such training is suitable for the worker and available at a 
    reasonable cost,

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 his behalf by the Secretary directly or through a voucher system. 
Insofar as possible, the Secretary shall provide or assure the provision 
of such training on the job, which shall include related education 
necessary for the acquisition of skills needed for a position within a 
particular occupation.
    (2)(A) The total amount of payments that may be made under paragraph 
(1) for any fiscal year shall not exceed $80,000,000, except that for 
fiscal year 1997, the total amount of payments made under paragraph (1) 
shall not exceed $70,000,000.
    (B) If, during any fiscal year, the Secretary estimates that the 
amount of funds necessary to pay the costs of training approved under 
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.
    (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 this paragraph (1).
    (4)(A) If the costs of training an adversely affected 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 if such costs--
        (i) have already been paid under any other provision of Federal 
    law, or
        (ii) are reimbursable under any other provision of Federal law 
    and a portion of such costs have already been paid under such other 
    provision of Federal law.

    (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, even 
if such use has the effect of indirectly paying or reducing any portion 
of the costs involved in training the adversely affected worker.
    (5) The training programs that may be approved under paragraph (1) 
include, but are not limited to--
        (A) on-the-job training,
        (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,
        (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

        (F) any other training program approved by the Secretary.

    (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 part, 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 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,
        (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 part, 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 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) 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) 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--
        (1) payments for subsistence that exceed whichever is the lesser 
    of (A) the actual per diem expenses for subsistence, or (B) payments 
    at 50 percent of the prevailing per diem allowance rate authorized 
    under the Federal travel regulations, or
        (2) payments for travel expenses exceeding the prevailing 
    mileage rate authorized under the Federal travel regulations.

(c) Payment of costs of on-the-job training

    The Secretary shall pay the costs of any on-the-job training of an 
adversely affected worker that is approved under subsection (a)(1) of 
this section in equal monthly installments, but the Secretary may pay 
such costs, notwithstanding any other provision of this section, only 
if--
        (1) 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),
        (2) such training does not impair existing contracts for 
    services or collective bargaining agreements,
        (3) 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,
        (4) no other individual is on layoff from the same, or any 
    substantially equivalent, job for which such adversely affected 
    worker is being trained,
        (5) 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,
        (6) 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,
        (7) 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,
        (8) the employer certifies to the Secretary that the employer 
    will continue to employ such worker for at least 26 weeks after 
    completion of such training if the worker desires to continue such 
    employment and the employer does not have due cause to terminate 
    such employment,
        (9) 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 
    paragraphs (1), (2), (3), (4), (5), and (6), and
        (10) the employer has not taken, at any time, any action which 
    violated the terms of any certification described in paragraph (8) 
    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 for unemployment insurance

    A worker may not be determined to be ineligible or disqualified for 
unemployment insurance or program benefits under this subpart because 
the individual is in training approved under subsection (a) of this 
section, because of leaving work which is not suitable employment to 
enter such training, or because of the application to any such week in 
training of provisions of State law or Federal unemployment insurance 
law relating to availability for work, active search for work, or 
refusal to accept work. The Secretary shall submit to the Congress a 
quarterly report regarding the amount of funds expended during the 
quarter concerned to provide training under subsection (a) of this 
section and the anticipated demand for such funds for any remaining 
quarters in the fiscal year concerned.

(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.

(Pub. L. 93-618, title II, Sec. 236, Jan. 3, 1975, 88 Stat. 2023; Pub. 
L. 97-35, title XXV, Sec. 2506(2), Aug. 13, 1981, 95 Stat. 885; Pub. L. 
99-272, title XIII, Sec. 13004(a), Apr. 7, 1986, 100 Stat. 301; Pub. L. 
100-418, title I, Sec. 1424(a)-(c), Aug. 23, 1988, 102 Stat. 1248, 1249; 
Pub. L. 100-647, title IX, Sec. 9001(a)(20), Nov. 10, 1988, 102 Stat. 
3808; Pub. L. 103-66, title XIII, Sec. 13803(b), Aug. 10, 1993, 107 
Stat. 668; Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, 
Sec. 405(d)(14)(A), (f)(11)(A)], Oct. 21, 1998, 112 Stat. 2681-337, 
2681-421, 2681-431.)

                       References in Text

    Section 195(2) of the Vocational Education Act of 1963, referred to 
in subsec. (a)(1)(D), is section 195(2) of Pub. L. 88-210, title I, as 
added by Pub. L. 94-482, title II, Sec. 202(a), Oct. 12, 1976, 90 Stat. 
2211, and amended, which was classified to section 2461(2) of Title 20, 
Education, prior to the general amendment and redesignation of Pub. L. 
88-210 as the Carl D. Perkins Vocational Education Act by Pub. L. 98-
524, Sec. 1, Oct. 19, 1984, 98 Stat. 2435.
    The Workforce Investment Act of 1998, referred to in subsec. 
(a)(5)(B), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as amended. 
Title I of the Act is classified principally to chapter 30 (Sec. 2801 et 
seq.) of Title 29, Labor. For complete classification of this Act to the 
Code, see Short Title note set out under section 9201 of Title 20, 
Education, and Tables.
    Section 102 of such Act, referred to in subsec. (a)(5)(C), meaning 
section 102 of the Job Training Partnership Act, was classified to 
section 1512 of Title 29, Labor, and was repealed by Pub. L. 105-220, 
title I, Sec. 199(b)(2), Aug. 7, 1998, 112 Stat. 1059, effective July 1, 
2000. Pursuant to section 2940(b) of Title 29, references to a provision 
of the Job Training Partnership Act, effective Aug. 7, 1998, are deemed 
to refer to that provision or the corresponding provision of the 
Workforce Investment Act of 1998, Pub. L. 105-220, Aug. 7, 1998, 112 
Stat. 936, and effective July 1, 2000, are deemed to refer to the 
corresponding provision of the Workforce Investment Act of 1998. For 
complete classification of the Workforce Investment Act of 1998 to the 
Code, see Short Title note set out under section 9201 of Title 20, 
Education, and Tables.


                               Amendments

    1998--Subsec. (a)(5)(B). Pub. L. 105-277, Sec. 101(f) [title VIII, 
Sec. 405(f)(11)(A)], struck out ``section 1653 of title 29 or'' before 
``title I of''.
    Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(14)(A)], 
substituted ``section 1653 of title 29 or title I of the Workforce 
Investment Act of 1998'' for ``section 1653 of title 29''.
    1993--Subsec. (a)(2)(A). Pub. L. 103-66 inserted before period at 
end ``, except that for fiscal year 1997, the total amount of payments 
made under paragraph (1) shall not exceed $70,000,000''.
    1988--Subsec. (a)(1). Pub. L. 100-418, Sec. 1424(a)(5)-(7), struck 
out ``(to the extent appropriated funds are available)'' after ``the 
Secretary shall'' in first sentence, and in second sentence inserted 
``(subject to the limitations imposed by this section)'' after ``costs 
of such training'' and ``directly or through a voucher system'' after 
``by the Secretary''.
    Subsec. (a)(1)(D). Pub. L. 100-418, Sec. 1424(a)(1), substituted 
``is reasonably available'' for ``is available''.
    Subsec. (a)(1)(F). Pub. L. 100-418, Sec. 1424(a)(2)-(4), added 
subpar. (F).
    Subsec. (a)(2). Pub. L. 100-418, Sec. 1424(a)(11), (12), added par. 
(2) and redesignated former par. (2) as (3).
    Subsec. (a)(2)(A). Pub. L. 100-418, Sec. 1424(b), directed the 
amendment of subpar. (A) by substituting ``$120,000,000'' for 
``$80,000,000'', which amendment did not become effective pursuant to 
section 1430(d) of Pub. L. 100-418, as amended, set out as an Effective 
Date note under section 2397 of this title.
    Subsec. (a)(3), (4). Pub. L. 100-418, Sec. 1424(a)(11), redesignated 
pars. (2) and (3) as (3) and (4), respectively. Former par. (4) 
redesignated (5).
    Subsec. (a)(5). Pub. L. 100-418, Sec. 1424(a)(8)-(11), redesignated 
former par. (4) as (5), added subpars. (D) and (E), and redesignated 
former subpar. (D) as (F).
    Subsec. (a)(6). Pub. L. 100-418, Sec. 1424(a)(13), added par. (6).
    Subsec. (a)(6)(B). Pub. L. 100-647 substituted ``in clause (i) or 
(ii) of subparagraph (A)'' for ``in subparagraph (A) or (B) of paragraph 
(1)''.
    Subsec. (a)(7) to (9). Pub. L. 100-418, Sec. 1424(a)(13), added 
pars. (7) to (9).
    Subsec. (c). Pub. L. 100-418, Sec. 1424(c)(1), substituted present 
introductory provisions for ``Notwithstanding any provision of 
subsection (a)(1) of this section, the Secretary may pay the costs of 
on-the-job training of an adversely affected worker under subsection 
(a)(1) of this section only if--''.
    Pub. L. 100-418, Sec. 1424(c)(2), (3), redesignated subsec. (d) as 
(c), and struck out former subsec. (c) which related to refusal to 
accept or continue training, or failure to make satisfactory progress.
    Subsecs. (d) to (f). Pub. L. 100-418, Sec. 1424(c)(3), redesignated 
subsecs. (e) and (f) as (d) and (e), respectively. Former subsec. (d) 
redesignated (c).
    1986--Subsec. (a)(1). Pub. L. 99-272, Sec. 13004(a)(2), substituted 
``shall (to the extent appropriated funds are available) approve'' for 
``may approve'' in first sentence.
    Subsec. (a)(1)(A). Pub. L. 99-272, Sec. 13004(a)(1), substituted 
``for an adversely affected worker'' for ``for a worker''.
    Subsec. (a)(2) to (4). Pub. L. 99-272, Sec. 13004(a)(6), added pars. 
(2) to (4). Former pars. (2) and (3) redesignated subsecs. (e) and (f), 
respectively.
    Subsec. (d). Pub. L. 99-272, Sec. 13004(a)(7), added subsec. (d).
    Subsec. (e). Pub. L. 99-272, Sec. 13004(a)(3), (5), redesignated 
par. (2) of subsec. (a) as subsec. (e) and substituted ``under 
subsection (a) of this section'' for ``under paragraph (1)'' in two 
places.
    Subsec. (f). Pub. L. 99-272, Sec. 13004(a)(4), (5), redesignated 
par. (3) of subsec. (a) as subsec. (f) and substituted ``this section'' 
for ``this subsection''.
    1981--Subsec. (a). Pub. L. 97-35 redesignated existing provisions as 
par. (1), revised provisions, made changes in nomenclature, inserted 
provisions respecting availability, payment, and scope of training, and 
added pars. (2) and (3).
    Subsec. (b). Pub. L. 97-35 substituted provisions limiting the 
maximum amount of travel expenses on the basis of amounts paid under 
Federal travel regulations for provisions establishing specific maximum 
amounts for subsistence and transportation expenses.


                    Effective Date of 1998 Amendment

    Amendment by section 101(f) [title VIII, Sec. 405(d)(14)(A)] of Pub. 
L. 105-277 effective Oct. 21, 1998, and amendment by section 101(f) 
[title VIII, Sec. 405(f)(11)(A)] of Pub. L. 105-277 effective July 1, 
2000, see section 101(f) [title VIII, Sec. 405(g)(1), (2)(B)], set out 
as a note under section 3502 of Title 5, Government Organization and 
Employees.


                    Effective Date of 1988 Amendments

    Amendment by Pub. L. 100-647 applicable as if such amendment took 
effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647, set out 
as an Effective and Termination Dates of 1988 Amendments note under 
section 58c of this title.
    Amendment by section 1424(c)(2), (3) of Pub. L. 100-418 effective on 
date that is 90 days after Aug. 23, 1988, see section 1430(f) of Pub. L. 
100-418, set out as an Effective Date note under section 2397 of this 
title.


       Effective Date of 1981 Amendment and Transition Provisions

    Amendment by Pub. L. 97-35 effective for determinations made or 
filed after Sept. 30, 1981, with transition provisions applicable, and 
with the amendment of subsec. (a)(2) of this section applicable, except 
as otherwise provided, to laws for certification purposes under section 
3304 of title 26 on Oct. 31, of any taxable year after 1981, see section 
2514 of Pub. L. 97-35, set out as a note under section 2291 of this 
title.


                            Termination Date

    No assistance, vouchers, allowances, or other payments may be 
provided under subparts A to C of this part after Sept. 30, 2001, see 
section 285 of Pub. L. 93-618, as amended, set out as a note preceding 
section 2271 of this title.


                  Termination of Reporting Requirements

    For termination, effective May 15, 2000, of provisions in subsec. 
(d) of this section relating to submitting a quarterly report to 
Congress on funds for training under subsection (a) of this section, see 
section 3003 of Pub. L. 104-66, as amended, set out as a note under 
section 1113 of Title 31, Money and Finance, and page 124 of House 
Document No. 103-7.

                  Section Referred to in Other Sections

    This section is referred to in sections 2275, 2291, 2293, 2297, 
2298, 2311, 2331 of this title; title 7 section 2015.
