19 U.S.C. § 2296 — Training

Page 602 TITLE 19—CUSTOMS DUTIES § 2296 1 So in original. Probably should be followed by a comma. 2 See References in Text note below. § 2296. Training (a) Approval of training; limitation on expendi- tures; reasonable expectation of employment; payment of costs; approved training pro- grams; nonduplication of payments from other sources; disapproval of certain pro- grams; 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 em- ployment) available for an adversely affected worker, (B) the worker would benefit from appro- priate training, (C) there is a reasonable expectation of em- ployment following completion of such train- ing, (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 (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 im- posed 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 nec- essary 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 $220,000,000. (B) If, during any fiscal year, the Secretary es- timates 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 af- fected worker are paid by the Secretary under paragraph (1), no other payment for such costs may be made under any other provision of Fed- eral 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 provi- sion of Federal law and a portion of such costs have already been paid under such other provi- sion of Federal law. (C) The provisions of this paragraph shall not apply to, or take into account, any funds pro- vided 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 ap- proved under paragraph (1) include, but are not limited to— (A) employer-based training, including— (i) on-the-job training, and (ii) customized training, (B) any training program provided by a State pursuant to title I of the Workforce In- vestment Act of 1998,2 (C) any training program approved by a pri- vate industry council established under sec- tion 102 of such Act,2 (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 sec- tion, 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 be- lieve will be paid under the program, or by the source, described in clause (i) or (ii) of subpara- graph (A). (7) The Secretary shall not approve a training program if— (A) all or a portion of the costs of such train- ing program are paid under any nongovern- mental 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 Page 603 TITLE 19—CUSTOMS DUTIES § 2296 of a group certified under subpart A at any time after the date on which the group is certified under subpart A, without regard to whether such worker has exhausted all rights to any un- employment 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, au- thorize supplemental assistance necessary to de- fray reasonable transportation and subsistence expenses for separate maintenance when train- ing 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 allow- ance 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) in equal monthly installments, but the Secretary may pay such costs, notwithstanding any other pro- vision of this section, only if— (1) no currently employed worker is dis- placed by such adversely affected worker (in- cluding partial displacement such as a reduc- tion 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 in- consistent with the terms of a collective bar- gaining agreement, the written concurrence of the labor organization concerned has been ob- tained, (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 em- ployment of any regular employee or other- wise 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 occupa- tion 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 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, (9) the employer has not received payment under subsection (a)(1) of this section with re- spect to any other on-the-job training pro- vided 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 em- ployer for which the Secretary has made a payment under subsection (a)(1) of this sec- tion. (d) Eligibility for unemployment insurance A worker may not be determined to be ineli- gible or disqualified for unemployment insur- ance or program benefits under this subpart be- cause the individual is in training approved under subsection (a), 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 relat- ing 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) and the anticipated demand for such funds for any remaining quarters in the fis- cal 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. (f) ‘‘Customized training’’ defined For purposes of this section, the term ‘‘cus- tomized training’’ means training that is— (1) designed to meet the special require- ments of an employer or group of employers; (2) conducted with a commitment by the em- ployer or group of employers to employ an in- dividual upon successful completion of the training; and (3) for which the employer pays for a signifi- cant portion (but in no case less than 50 per- cent) of the cost of such training, as deter- mined by the Secretary. (Pub. L. 93–618, title II, § 236, Jan. 3, 1975, 88 Stat. 2023; Pub. L. 97–35, title XXV, § 2506(2), Aug. 13, 1981, 95 Stat. 885; Pub. L. 99–272, title XIII, § 13004(a), Apr. 7, 1986, 100 Stat. 301; Pub. L. 100–418, title I, § 1424(a)–(c), Aug. 23, 1988, 102 Stat. 1248, 1249; Pub. L. 100–647, title IX, § 9001(a)(20), Nov. 10, 1988, 102 Stat. 3808; Pub. L. 103–66, title XIII, § 13803(b), Aug. 10, 1993, 107 Stat. 668; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(14)(A), (f)(11)(A)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–421, 2681–431; Pub. L. 107–210, div. A, title I, §§ 117, 118, Aug. 6, 2002, 116 Stat. 941; Pub. L. 109–270, § 2(b)(2), Aug. 12, 2006, 120 Stat. 746; Pub. L. 111–5, div. B, title I, Page 604 TITLE 19—CUSTOMS DUTIES § 2296 §§ 1828(a)–(c), 1829(a), (c), 1830(a)(1), (b), 1831, 1832, Feb. 17, 2009, 123 Stat. 381–386; Pub. L. 111–344, title I, § 101(c)(1), Dec. 29, 2010, 124 Stat. 3613; Pub. L. 112–40, title II, §§ 201(b), (c), 214(a), (f), Oct. 21, 2011, 125 Stat. 403, 405, 406; Pub. L. 113–128, title V, § 512(hh)(3), July 22, 2014, 128 Stat. 1720; Pub. L. 114–27, title IV, §§ 402(b), (c), 403(b), June 29, 2015, 129 Stat. 374.) TERMINATION OF ASSISTANCE For termination of assistance under this part after June 30, 2022, see Termination Date note below. Editorial Notes REFERENCES IN TEXT The Workforce Investment Act of 1998, referred to in subsec. (a)(5)(B), is Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936, and was repealed by Pub. L. 113–128, title V, §§ 506, 511(a), July 22, 2014, 128 Stat. 1703, 1705, effective July 1, 2015. Title I of the Act was classified principally to chapter 30 (§ 2801 et seq.) of Title 29, Labor. Pursuant to section 3361(a) of Title 29, references to a provision of the Workforce Investment Act of 1998 are deemed to refer to the corresponding provision of the Workforce Innovation and Opportunity Act, Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. For complete classification of the Workforce Investment Act of 1998 to the Code, see Tables. For complete classification of the Workforce Innovation and Opportunity Act to the Code, see Short Title note set out under section 3101 of Title 29 and Ta- bles. Section 102 of such Act, referred to in subsec. (a)(5)(C), originally 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, § 199(b)(2), (c)(2)(B), Aug. 7, 1998, 112 Stat. 1059, effective July 1, 2000. Pursuant to former section 2940(b) of Title 29, references to a provision of the Job Training Partnership Act, effective Aug. 7, 1998, were 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, were deemed to refer to the corresponding provi- sion of the Workforce Investment Act of 1998. The Workforce Investment Act of 1998 was repealed by Pub. L. 113–128, title V, §§ 506, 511(a), July 22, 2014, 128 Stat. 1703, 1705, effective July 1, 2015. Pursuant to section 3361(a) of Title 29, references to a provision of the Workforce Investment Act of 1998 are deemed to refer to the corresponding provision of the Workforce Inno- vation and Opportunity Act, Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, effective July 1, 2015. For complete classification of the Job Training Partnership Act and the Workforce Investment Act of 1998 to the Code, see Tables. For complete classification of the Workforce Innovation and Opportunity Act to the Code, see Short Title note set out under section 3101 of Title 29 and Ta- bles. CODIFICATION Section reflects the July 1, 2021, reversion to provi- sions in effect on Jan. 1, 2014. See Effective and Termi- nation Dates of 2015 Revival note below. Section 233 of Pub. L. 112–40, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 114–27, title IV, § 402(a), June 29, 2015, 129 Stat. 374, and the provisions of this section, as in effect on Dec. 31, 2013, were temporarily revived, effective June 29, 2015, until July 1, 2021, by Pub. L. 114–27, §§ 402(b), (c), 406. See 2011 and 2015 Amendment notes, Effective and Termination Dates of 2011 Revival notes, and Effective and Termination Dates of 2015 Revival notes below. Amendments made by Pub. L. 113–128 were effective July 1, 2015, and were executed to this section as it ex- isted on Dec. 31, 2013, pursuant to section 402(b) of Pub. L. 114–27, which revived the provisions of this section, effective June 29, 2015. See 2014 Amendment note below. Section 1893 of Pub. L. 111–5, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 111–5, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 111–5 and Pub. L. 111–344 and as in effect on Feb. 12, 2011, were temporarily revived, effec- tive Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See 2009, 2010, and 2011 Amendment notes, Effective and Termination Dates of 2009 Amend- ment notes, Effective Date of 2010 Amendment note, and Effective and Termination Dates of 2011 Revival notes below. AMENDMENTS 2015—Pub. L. 114–27, §§ 402(b), (c), 406, temporarily re- vived the provisions of this section, as in effect on Dec. 31, 2013. See Codification note above and 2011 Amend- ment and Effective and Termination Dates of 2015 Re- vival notes below. Subsec. (a)(2)(A). Pub. L. 114–27, §§ 403(b), 406, tempo- rarily substituted ‘‘shall not exceed $450,000,000 for each of fiscal years 2015 through 2021.’’ for ‘‘shall not ex- ceed— ‘‘(i) $575,000,000 for each of fiscal years 2012 and 2013; and ‘‘(ii) $143,750,000 for the 3-month period beginning on October 1, 2013, and ending on December 31, 2013.’’ See Codification note above and Effective and Termi- nation Dates of 2015 Revival note below. 2014—Subsec. (a)(5). Pub. L. 113–128, § 512(hh)(3)(B), substituted ‘‘The Secretary may not limit approval of a training program under paragraph (1) to a program provided pursuant to title I of the Workforce Innova- tion and Opportunity Act.’’ for ‘‘The Secretary may not limit approval of a training program under paragraph (1) to a program provided pursuant to title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.).’’ in concluding provisions. See Codification note above. Subsec. (a)(5)(B). Pub. L. 113–128, § 512(hh)(3)(A), sub- stituted ‘‘any training program provided by a State pursuant to title I of the Workforce Innovation and Op- portunity Act’’ for ‘‘any training program provided by a State pursuant to title I of the Workforce Investment Act of 1998’’. See Codification note above. 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- vived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 and 2010 Amendment and Effective and Termination Dates of 2011 Revival notes below. Subsec. (a)(2)(A). Pub. L. 112–40, §§ 214(a)(2), 233, tem- porarily substituted ‘‘of funds available to carry out this section and sections 2295, 2297, and 2298 of this title’’ for ‘‘of payments that may be made under para- graph (1)’’ in introductory provisions, added cls. (i) and (ii), and struck out former cls. (i) and (ii) which read as follows: ‘‘(i) $575,000,000 for fiscal year 2010; and ‘‘(ii) $66,500,000 for the 6-week period beginning Janu- ary 1, 2011, and ending February 12, 2011.’’ See Codification note above and Effective and Termi- nation Dates of 2011 Revival note below. Subsec. (a)(2)(B)(i), (ii), (C)(i). Pub. L. 112–40, §§ 214(a)(1), 233, temporarily inserted ‘‘and sections 2295, 2297, and 2298 of this title’’ after ‘‘to carry out this sec- tion’’. See Codification note above and Effective and Termination Dates of 2011 Revival note below. Subsec. (a)(2)(C)(ii)(V). Pub. L. 112–40, §§ 214(a)(3), 233, temporarily substituted ‘‘to carry out this section and sections 2295, 2297, and 2298 of this title’’ for ‘‘relating to the provision of training under this section’’. See Codification note above and Effective and Termination Dates of 2011 Revival note below. Subsec. (a)(2)(E). Pub. L. 112–40, §§ 214(a)(4), 233, tem- porarily substituted ‘‘necessary to carry out this sec- tion and sections 2295, 2297, and 2298 of this title’’ for ‘‘necessary to pay the costs of training approved under this section’’. See Codification note above and Effective and Termination Dates of 2011 Revival note below. Page 605 TITLE 19—CUSTOMS DUTIES § 2296 Pub. L. 112–40, §§ 214(a)(1), 233, temporarily inserted ‘‘and sections 2295, 2297, and 2298 of this title’’ after ‘‘available to carry out this section’’. See Codification note above and Effective and Termination Dates of 2011 Revival note below. Subsec. (b). Pub. L. 112–40, §§ 214(f)(1), 233, which di- rected temporary substitution of ‘‘appropriate’’ for ‘‘approppriate’’ in the first sentence, could not be exe- cuted because ‘‘approppriate’’ did not appear. See Codi- fication note above and Effective and Termination Dates of 2011 Revival note below. Subsecs. (g), (h). Pub. L. 112–40, §§ 214(f)(2), 233, tempo- rarily redesignated subsec. (h) as (g) and temporarily struck out former subsec. (g). Prior to amendment, text of subsec. (g) read as follows: ‘‘(1) IN GENERAL.—Not later than 1 year after Feb- ruary 17, 2009, the Secretary shall issue such regula- tions 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 Rep- resentatives not less than 90 days before issuing any regulation pursuant to paragraph (1).’’ See Codification note above and Effective and Termi- nation Dates of 2011 Revival note below. 2010—Subsec. (a)(2)(A). Pub. L. 111–344 amended sub- par. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘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.’’ See Codification note above. 2009—Subsec. (a)(1). Pub. L. 111–5, §§ 1831(b), 1893, in concluding provisions, temporarily struck out last sen- tence which read as follows: ‘‘Insofar as possible, the Secretary shall provide or assure the provision of such training on the job, which shall include related edu- cation necessary for the acquisition of skills needed for a position within a particular occupation.’’ See Codi- fication note above and Effective and Termination Dates of 2009 Amendment note below. Pub. L. 111–5, §§ 1830(a)(1)(A), 1893, temporarily in- serted ‘‘, with respect to an adversely affected worker or an adversely affected incumbent worker,’’ after ‘‘de- termines’’ in introductory provisions. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Pub. L. 111–5, §§ 1829(c)(1)(A), 1893, temporarily sub- stituted ‘‘the worker’s behalf’’ for ‘‘his behalf’’ in con- cluding provisions. See Codification note above and Ef- fective and Termination Dates of 2009 Amendment note below. Subsec. (a)(2). Pub. L. 111–5, §§ 1828(a), 1893, tempo- rarily amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘(A) The total amount of payments that may be made under paragraph (1) for any fiscal year shall not exceed $220,000,000. ‘‘(B) If, during any fiscal year, the Secretary esti- mates that the amount of funds necessary to pay the costs of training approved under this section will ex- ceed the amount of the limitation imposed under sub- paragraph (A), the Secretary shall decide how the por- tion 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.’’ See Codification note above and Effective and Termi- nation Dates of 2009 Amendment note below. Subsec. (a)(3). Pub. L. 111–5, §§ 1829(c)(1)(B), 1893, tem- porarily substituted ‘‘paragraph (1)’’ for ‘‘this para- graph (1)’’. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (a)(4)(A), (B). Pub. L. 111–5, §§ 1830(a)(1)(B)(i), 1893, temporarily inserted ‘‘or an adversely affected in- cumbent worker’’ after ‘‘an adversely affected worker’’. See Codification note above and Effective and Termi- nation Dates of 2009 Amendment note below. Subsec. (a)(4)(C). Pub. L. 111–5, §§ 1830(a)(1)(B)(ii), 1893, temporarily inserted ‘‘or adversely affected incumbent worker’’ after ‘‘adversely affected worker’’ in two places. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (a)(5). Pub. L. 111–5, §§ 1830(a)(1)(C), 1893, tem- porarily substituted ‘‘Except as provided in paragraph (10), the training programs’’ for ‘‘The training pro- grams’’ in introductory provisions. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (a)(5)(A)(iii). Pub. L. 111–5, §§ 1829(a)(1), 1893, temporarily added cl. (iii). See Codification note above and Effective and Termination Dates of 2009 Amend- ment note below. Subsec. (a)(5)(E) to (H). Pub. L. 111–5, §§ 1829(a)(2)–(6), 1893, temporarily added subpars. (E) and (H) and redes- ignated former subpars. (E) and (F) as (F) and (G), re- spectively. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (a)(6)(B), (7)(B). Pub. L. 111–5, §§ 1830(a)(1)(D), (E), 1893, temporarily inserted ‘‘or adversely affected incumbent worker’’ after ‘‘adversely affected worker’’. See Codification note above and Effective and Termi- nation Dates of 2009 Amendment note below. Subsec. (a)(9). Pub. L. 111–5, §§ 1828(b), 1893, tempo- rarily designated existing provisions as subpar. (A), substituted ‘‘Subject to subparagraph (B), the Sec- retary’’ for ‘‘The Secretary’’, and added subpar. (B). See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (a)(10), (11). Pub. L. 111–5, §§ 1830(a)(1)(F), 1893, temporarily added pars. (10) and (11). See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (b)(2). Pub. L. 111–5, §§ 1829(c)(2), 1893, which directed the temporary substitution of a period for ‘‘, and’’, could not be executed because ‘‘, and’’ did not appear. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (c). Pub. L. 111–5, §§ 1831(a), 1893, temporarily inserted subsec. heading, added pars. (1) to (4), redesig- nated existing provisions as par. (5), and in par. (5), temporarily inserted par. heading, substituted ‘‘The Secretary may pay the costs of on-the-job training,’’ for ‘‘The Secretary shall pay the costs of any on-the- job training of an adversely affected worker that is ap- proved under subsection (a)(1) of this section in equal monthly installments, but the Secretary may pay such costs,’’, redesignated former pars. (1) to (10) as subpars. (A) to (J), respectively, in subpar. (I) substituted ‘‘sub- paragraphs (A), (B), (C), (D), (E), and (F)’’ for ‘‘para- graphs (1), (2), (3), (4), (5), and (6)’’, and in subpar. (J) substituted ‘‘subparagraph (H)’’ for ‘‘paragraph (8)’’. See Codification note above and Effective and Termi- nation Dates of 2009 Amendment note below. Subsec. (d). Pub. L. 111–5, §§ 1832, 1893, temporarily amended subsec. (d) generally. Prior to amendment, text read as follows: ‘‘A worker may not be determined to be ineligible or disqualified for unemployment insur- ance 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 pro- visions of State law or Federal unemployment insur- ance law relating to availability for work, active search for work, or refusal to accept work. The Sec- retary 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 con- cerned.’’ See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsecs. (g), (h). Pub. L. 111–5, §§ 1828(c), 1830(b), 1893, temporarily added subsecs. (g) and (h). See Codification note above and Effective and Termination Dates of 2009 Amendment note below. 2006—Subsec. (a)(1)(D). Pub. L. 109–270 substituted ‘‘area career and technical education schools, as de- Page 606 TITLE 19—CUSTOMS DUTIES § 2296 fined in section 2302 of title 20’’ for ‘‘area vocational education schools, as defined in section 195(2) of the Vo- cational Education Act of 1963’’. 2002—Subsec. (a)(2)(A). Pub. L. 107–210, § 117, sub- stituted ‘‘$220,000,000’’ for ‘‘$80,000,000, except that for fiscal year 1997, the total amount of payments made under paragraph (1) shall not exceed $70,000,000’’. Subsec. (a)(5)(A). Pub. L. 107–210, § 118(a), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘on-the-job training,’’. Subsec. (c)(8). Pub. L. 107–210, § 118(b), amended par. (8) generally. Prior to amendment, par. (8) read as fol- lows: ‘‘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,’’. Subsec. (f). Pub. L. 107–210, § 118(c), added subsec. (f). 1998—Subsec. (a)(5)(B). Pub. L. 105–277, § 101(f) [title VIII, § 405(f)(11)(A)], struck out ‘‘section 1653 of title 29 or’’ before ‘‘title I of’’. Pub. L. 105–277, § 101(f) [title VIII, § 405(d)(14)(A)], sub- stituted ‘‘section 1653 of title 29 or title I of the Work- force 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, § 1424(a)(5)–(7), struck out ‘‘(to the extent appropriated funds are avail- able)’’ 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, § 1424(a)(1), sub- stituted ‘‘is reasonably available’’ for ‘‘is available’’. Subsec. (a)(1)(F). Pub. L. 100–418, § 1424(a)(2)–(4), added subpar. (F). Subsec. (a)(2). Pub. L. 100–418, § 1424(a)(11), (12), added par. (2) and redesignated former par. (2) as (3). Subsec. (a)(2)(A). Pub. L. 100–418, § 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, § 1424(a)(11), redesig- nated pars. (2) and (3) as (3) and (4), respectively. Former par. (4) redesignated (5). Subsec. (a)(5). Pub. L. 100–418, § 1424(a)(8)–(11), redesig- nated par. (4) as (5), added subpars. (D) and (E), and re- designated former subpar. (D) as (F). Subsec. (a)(6). Pub. L. 100–418, § 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 subpara- graph (A) or (B) of paragraph (1)’’. Subsec. (a)(7) to (9). Pub. L. 100–418, § 1424(a)(13), added pars. (7) to (9). Subsec. (c). Pub. L. 100–418, § 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, § 1424(c)(2), (3), redesignated subsec. (d) as (c), and struck out former subsec. (c) which re- lated to refusal to accept or continue training, or fail- ure to make satisfactory progress. Subsecs. (d) to (f). Pub. L. 100–418, § 1424(c)(3), redesig- nated subsecs. (e) and (f) as (d) and (e), respectively. Former subsec. (d) redesignated (c). 1986—Subsec. (a)(1). Pub. L. 99–272, § 13004(a)(2), sub- stituted ‘‘shall (to the extent appropriated funds are available) approve’’ for ‘‘may approve’’ in first sen- tence. Subsec. (a)(1)(A). Pub. L. 99–272, § 13004(a)(1), sub- stituted ‘‘for an adversely affected worker’’ for ‘‘for a worker’’. Subsec. (a)(2). Pub. L. 99–272, § 13004(a)(6), added par. (2). Former par. (2) redesignated subsec. (e). Pub. L. 99–272, § 13004(a)(3), which directed substi- tution of ‘‘under subsection (a)’’ for ‘‘under paragraph (1)’’, was executed by making the substitution for ‘‘under paragraph (1)’’ in both places it appeared, to re- flect the probable intent of Congress. Subsec. (a)(3). Pub. L. 99–272, § 13004(a)(6), added par. (3). Former par. (3) redesignated subsec. (f). Pub. L. 99–272, § 13004(a)(4), substituted ‘‘this section’’ for ‘‘this subsection’’. Subsec. (a)(4). Pub. L. 99–272, § 13004(a)(6), added par. (4). Subsec. (d). Pub. L. 99–272, § 13004(a)(7), added subsec. (d). Subsecs. (e), (f). Pub. L. 99–272, § 13004(a)(5), redesig- nated pars. (2) and (3) of subsec. (a) as subsecs. (e) and (f), respectively. 1981—Subsec. (a). Pub. L. 97–35 redesignated existing provisions as par. (1), revised provisions, made changes in nomenclature, inserted provisions respecting avail- ability, payment, and scope of training, and added pars. (2) and (3). Subsec. (b). Pub. L. 97–35 substituted provisions lim- iting 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. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 2015 REVIVAL For revival and applicability, beginning on June 29, 2015, of the provisions of this section as in effect on Dec. 31, 2013, see section 402(b), (c) of Pub. L. 114–27, set out as a note preceding section 2271 of this title. For reversion, beginning on July 1, 2021, to the provi- sions of this section as in effect on Jan. 1, 2014, with certain exceptions and subject to section 406(b) of Pub. L. 114–27, see section 406 of Pub. L. 114–27, set out as a note preceding section 2271 of this title. EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL For revival and applicability, beginning on Oct. 21, 2011, of the provisions of this section as in effect on Feb. 12, 2011, see section 201(b), (c) of Pub. L. 112–40, set out as a note preceding section 2271 of this title. Section 233 of Pub. L. 112–40, formerly set out as a note preceding section 2271 of this title, which provided for the reversion, beginning on Jan. 1, 2014, of the provi- sions of this section to those in effect on Feb. 13, 2011, subject to certain exceptions, was repealed by Pub. L. 114–27, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effec- tive June 29, 2015. See Codification note above. EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–344 effective Jan. 1, 2011, see section 101(d) of Pub. L. 111–344, set out as a note preceding section 2271 of this title. EFFECTIVE AND TERMINATION DATES OF 2009 AMENDMENT Pub. L. 111–5, div. B, title I, § 1828(d), Feb. 17, 2009, 123 Stat. 382, provided that: ‘‘This section [amending this section] and the amendments made by this section shall take effect upon the expiration of the 90-day pe- riod beginning on the date of the enactment of this Act [Feb. 17, 2009], except that— ‘‘(1) subparagraph (A) of section 236(a)(2) of the Trade Act of 1974 [19 U.S.C. 2296(a)(2)(A)], as amended by subsection (a) of this section, shall take effect on the date of the enactment of this Act; and Page 607 TITLE 19—CUSTOMS DUTIES § 2297 ‘‘(2) subparagraphs (B), (C), and (D) of such section 236(a)(2) [19 U.S.C. 2296(a)(2)(B) to (D)] shall take ef- fect on October 1, 2009.’’ Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period begin- ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 not ap- plicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codifica- tion note above. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–210 applicable to petitions for certification filed under this part or part 3 of this subchapter on or after the date that is 90 days after Aug. 6, 2002, except as otherwise provided, see section 151 of Pub. L. 107–210, set out as a note preceding sec- tion 2271 of this title. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 101(f) [title VIII, § 405(d)(14)(A)] of Pub. L. 105–277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, § 405(f)(11)(A)] of Pub. L. 105–277 effective July 1, 2000, see section 101(f) [title VIII, § 405(g)(1), (2)(B)], set out as a note under section 3502 of Title 5, Government Orga- nization 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 sec- tion 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 determina- tions made or filed after Sept. 30, 1981, with transition provisions applicable, and with the amendment of sub- sec. (a)(2) of this section applicable, except as otherwise provided, to laws for certification purposes under sec- tion 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 trade adjustment assistance, vouchers, allow- ances, or other payments or benefits may be provided under this part after June 30, 2022, except as otherwise provided, see section 285 of Pub. L. 93–618, as modified by section 406(a)(7) of Pub. L. 114–27, set out as notes preceding section 2271 of this title. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (d) relating to submitting a quarterly report to Congress on funds for training under subsec. (a), see section 3003 of Pub. L. 104–66, set out as a note under section 1113 of Title 31, Money and Finance, and page 124 of House Document No. 103–7. § 2297. Job search allowances (a) Job search allowance authorized (1) In general An adversely affected worker covered by a certification issued under subpart A of this part may file an application with the Sec- retary for payment of a job search allowance. (2) Approval of applications The Secretary may grant an allowance pur- suant to an application filed under paragraph (1) when all of the following apply: (A) Assist adversely affected worker The allowance is paid to assist an ad- versely affected worker who has been totally separated in securing a job within the United States. (B) Local employment not available The Secretary determines that the worker cannot reasonably be expected to secure suitable employment in the commuting area in which the worker resides. (C) Application The worker has filed an application for the allowance with the Secretary before— (i) the later of— (I) the 365th day after the date of the certification under which the worker is certified as eligible; or (II) the 365th day after the date of the worker’s last total separation; or (ii) the date that is the 182d day after the date on which the worker concluded train- ing, unless the worker received a waiver under section 2291(c) of this title. (b) Amount of allowance (1) In general An allowance granted under subsection (a) shall provide reimbursement to the worker of 90 percent of the cost of necessary job search expenses as prescribed by the Secretary in reg- ulations. (2) Maximum allowance Reimbursement under this subsection may not exceed $1,250 for any worker. (3) Allowance for subsistence and transpor- tation Reimbursement under this subsection may not be made for subsistence and transpor- tation expenses at levels exceeding those al- lowable under section 2296(b)(1) and (2) of this title. (c) Exception Notwithstanding subsection (b), the Secretary shall reimburse any adversely affected worker for necessary expenses incurred by the worker in participating in a job search program approved by the Secretary. (Pub. L. 93–618, title II, § 237, Jan. 3, 1975, 88 Stat. 2023; Pub. L. 97–35, title XXV, § 2507, Aug. 13, 1981, 95 Stat. 886; Pub. L. 98–369, div. B, title VI, § 2672(a), July 18, 1984, 98 Stat. 1172; Pub. L. 99–272, title XIII, § 13005(a), Apr. 7, 1986, 100 Stat. 303; Pub. L. 107–210, div. A, title I, § 121, Aug. 6, 2002, 116 Stat. 942; Pub. L. 111–5, div. B, title I, § 1833(a), Feb. 17, 2009, 123 Stat. 386; Pub. L. 112–40, title II, §§ 201(b), (c), 214(d), Oct. 21, 2011, 125 Stat. 403, 406; Pub. L. 114–27, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.) TERMINATION OF ASSISTANCE For termination of assistance under this part after June 30, 2022, see Termination Date note below.