Sec. 222. Training
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If the Commission determines, with respect to an adversely affected worker or an adversely affected incumbent worker, that— there is no suitable employment (which may include technical and professional employment) available for an adversely affected worker, the worker would benefit from appropriate training, there is a reasonable expectation of employment following completion of such training, training approved by the Commission 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 3 of the Carl D.
Perkins Career and Technical Education Act of 2006, and employers), the worker is qualified to undertake and complete such training, and such training is suitable for the worker and available at a reasonable cost, the Commission 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 the worker's behalf by the Commission 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. The total amount of payments that may be made under paragraph
(1)for any fiscal year shall not exceed $250,000,000. 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. 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 paragraph (1). If the costs of training an adversely affected worker or an adversely affected incumbent worker are paid by the Commission under paragraph (1), no other payment for such costs may be made under any other provision of Federal law. No payment may be made under paragraph
(1)of the costs of training an adversely affected worker or an adversely affected incumbent worker if such costs— have already been paid under any other provision of Federal law, or 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. The training programs that may be approved under subsection (a)(1) include— employer-based training, including— on-the-job training, customized training, and apprenticeship programs, any training program provided by a State pursuant to title I of the Workforce Investment Act of 1998, any training program approved by a private industry council established under section 102 of such Act, any program of remedial education, any program of prerequisite education or coursework required to enroll in training that may be approved under this section, any training program for which all, or any portion, of the costs of training the worker are paid— under any Federal or State program other than this Act, or from any source other than this section, any other training program approved by the Commission, and any training program or coursework at an accredited institution of higher education (described in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )), including a training program or coursework for the purpose of— obtaining a degree or certification, or completing a degree or certification that the worker had previously begun at an accredited institution of higher education. The Commission 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.). The Commission 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— under any Federal or State program other than this Act, or from any source other than this section. The Commission shall not approve a training program if— all or a portion of the costs of such training program are paid under any nongovernmental plan or program, the adversely affected worker or adversely affected incumbent worker has a right to obtain training or funds for training under such plan or program, and such plan or program requires the worker to reimburse the plan or program from funds provided under this Act, or from wages paid under such training program, for any portion of the costs of such training program paid under the plan or program. The Commission 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 Commission may not authorize— 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 payments for travel expenses exceeding the prevailing mileage rate authorized under the Federal travel regulations. The Commission may approve on-the-job training for any adversely affected worker if—(A) the worker meets the requirements for training to be approved under subsection (a)(1);
(B)the Commission determines that on-the-job training—(i) can reasonably be expected to lead to suitable employment with the employer offering the on-the-job training;
(ii)is compatible with the skills of the worker;
(iii)includes a curriculum through which the worker will gain the knowledge or skills to become proficient in the job for which the worker is being trained; and
(iv)can be measured by benchmarks that indicate that the worker is gaining such knowledge or skills; and
(C)the State determines that the on-the-job training program meets the requirements of clauses
(iii)and
(iv)of subparagraph (B). The Commission shall pay the costs of on-the-job training approved under paragraph
(1)in monthly installments. The Commission shall ensure, in entering into a contract with an employer to provide on-the-job training to a worker under this subsection, that the skill requirements of the job for which the worker is being trained, the academic and occupational skill level of the worker, and the work experience of the worker are taken into consideration. Training under any such contract shall be limited to the period of time required for the worker receiving on-the-job training to become proficient in the job for which the worker is being trained, but may not exceed 104 weeks in any case. The Commission shall not enter into a contract for on-the-job training with an employer that exhibits a pattern of failing to provide workers receiving on-the-job training from the employer with— continued, long-term employment as regular employees; and wages, benefits, and working conditions that are equivalent to the wages, benefits, and working conditions provided to regular employees who have worked a similar period of time and are doing the same type of work as workers receiving on-the-job training from the employer. The Commission may pay the costs of on-the-job training, notwithstanding any other provision of this section, only if— no currently employed worker is displaced by such adversely affected worker (including partial displacement such as a reduction in the hours of non-overtime work, wages, or employment benefits), such training does not impair existing contracts for services or collective bargaining agreements, 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, no other individual is on layoff from the same, or any substantially equivalent, job for which such adversely affected worker is being trained, 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, 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, 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 103, 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, the employer has not received payment under subsection (a)(1) with respect to any other on-the-job training provided by such employer which failed to meet the requirements of subparagraphs (A), (B), (C), (D), (E), and (F), and the employer has not taken, at any time, any action which violated the terms of any certification described in subparagraph
(H)made by such employer with respect to any other on-the-job training provided by such employer for which the Commission has made a payment under subsection (a)(1). An adversely affected worker may not be determined to be ineligible or disqualified for unemployment insurance or program benefits under this subtitle— because the worker— is enrolled in training approved under subsection (a); left work— that was not suitable employment in order to enroll in such training; or that the worker engaged in on a temporary basis during a break in such training or a delay in the commencement of such training; or left on-the-job training not later than 30 days after commencing such training because the training did not meet the requirements of subsection (c)(1)(B); or because of the application to any such week in training of the provisions of State law or Federal unemployment insurance law relating to availability for work, active search for work, or refusal to accept work. 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; and the term customized training means training that is— designed to meet the special requirements of an employer or group of employers; conducted with a commitment by the employer or group of employers to employ an individual upon successful completion of the training; and for which the employer pays for a significant portion (but in no case less than 50 percent) of the cost of such training, as determined by the Commission.
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