Lapas attēli
PDF
ePub

§ 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

(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.

(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

1 See References in Text note below.

2 So in original. Probably should be followed by a comma.

(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 section 1653 of title 29,1

(C) any training program approved by a private industry council established under section 1512 of title 29,

(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 onthe-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 com

pletion 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 ineligi ble 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 or 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 provided 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 af fected 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, § 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.)

AMENDMENT OF SUBSECTION (a)(2)(A)

Sections 1424(b), 1430(d) of Pub. L. 100-418 provided that, effective one year after the first date on which section 2397 of this title applies with respect to any arti cles, subsection (a)(2)(A) of this section is amended by striking out "$80,000,000" and inserting in lieu thereof "$120,000,000".

TERMINATION OF SECTION

For termination of section by section 285 of Pub. L. 93-618, see Termination Date note set out preceding section 2271 of this title.

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, § 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 revision and redesignation of Pub. L. 99-210 as the Carl D. Perkins Vocational Education Act by Pub. L. 98-524, § 1, Oct. 19, 1984, 98 Stat. 2435. The definition of "area vocational education school" is now contained in section 521(3) of Pub. L. 88-210, which is classified to section 2471(3) of Title 20.

Section 1653 of title 29, referred to in subsec. (a)(5)(B), was amended generally by Pub. L. 100-418, title VI, § 6302(a), Aug. 23, 1988, 102 Stat. 1527, and as so amended, does not refer to training programs provided by a State.

1988-Subsec.

AMENDMENTS

(a)(1).

Pub.

L. 100-418, § 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, § 1424(a)(1), substituted "is reasonably available" for “is available”. Subsec. (a)(1)(F). Pub. L. 100-418, § 1424(a)(2)–(4), added subpar. (F).

Subsec. (a)(2) to (4). Pub. L. 100-418, § 1424(a)(11), (12), added par. (2) and redesignated former 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), 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, § 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, § 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 related to refusal to accept or continue training, or failure to make satisfactory progress.

Subsecs. (d) to (f). Pub. L. 100-418, § 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, § 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, § 13004(a)(1), substituted "for an adversely affected worker" for "for a worker".

Subsec. (a)(2) to (4). Pub. L. 99-272, § 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, § 13004(a)(7), added subsec. (d).

Subsec. (e). Pub. L. 99-272, § 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, § 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 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(b) of Pub. L. 100-418 effective on the date that is one year after the first date on which section 2397 of this title applies with respect to any articles, and amendment by section 1424(c)(2), (3) of Pub. L. 100-418 effective on the date that is 90 days after Aug. 23, 1988, see section 1430(b), (d), (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.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2275, 2291, 2293, 2297, 2298, 2311 of this title.

§ 2297. Job search allowances

(a) Terms

Any adversely affected worker covered by a certification under subpart A of this part may file an application with the Secretary for a job search allowance. Such allowance, if granted, shall provide reimbursement to the worker of 90 percent of the cost of necessary job search expenses as prescribed by regulations of the Secretary; except that

(1) such reimbursement may not exceed $800 for any worker, and

(2) reimbursement may not be made for subsistence and transportation expenses at levels exceeding those allowable under section 2296(b)(1) and (2) of this title.

(b) Conditions

A job search allowance may be granted only(1) to assist an adversely affected worker who has been totally separated in securing a job within the United States;

(2) where the Secretary determines that such worker cannot reasonably be expected to secure suitable employment in the commuting area in which he resides; and

(3) where the worker has filed an application for such allowance with the Secretary before

(A) the later of

(i) the 365th day after the date of the certification under which the worker is eligible, or

(ii) the 365th day after the date of the worker's last total separation; or

(B) the 182d day after the concluding date of any training received by the worker, if the worker was referred to such training by the Secretary.

(c) Reimbursement for necessary expenses

The Secretary shall reimburse any adversely affected worker for necessary expenses incurred by such 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.)

TERMINATION OF SECTION

For termination of section by section 285 of Pub. L. 93-618, see Termination Date note set out preceding section 2271 of this title.

AMENDMENTS

1986-Subsec. (c). Pub. L. 99-272 added subsec. (c). 1984-Subsec. (a)(1). Pub. L. 98-369 substituted "$800" for "$600".

1981-Subsec. (a). Pub. L. 97-35, § 2507(1), amended provisions generally, increasing percent of reimbursement of cost of job search from 80 to 90 and maximum amount from $500 to $600, and striking out requirement of total separation.

Subsec. (b)(1). Pub. L. 97-35, § 2507(2)(A), inserted "who has been totally separated" after "to assist an adversely affected worker".

Subsec. (b)(3). Pub. L. 97-35, § 2507(2)(B), amended par. (3) generally, substituting the 182-day period for a reasonable period of time and inserting provision relating to 365 days after certification.

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, see section 2514 of Pub. L. 97-35, set out as a note under section 2291 of this title.

§ 2298. Relocation allowances (a) Filing of application

Any adversely affected worker covered by a certification under subpart A of this part may file an application with the Secretary for a relocation allowance, subject to the terms and conditions of this section, if such worker files such application before—

(1) the later of

(A) the 425th day after the date of the certification, or

(B) the 425th day after the date of the worker's last total separation; or

(2) the 182d day after the concluding date of any training received by such worker, if the worker was referred to such training by the Secretary.

(b) Suitable employment; bona fide offer; total separation when relocation commences

A relocation allowance may be granted only to assist an adversely affected worker in relocating within the United States and only if the

Secretary determines that such worker cannot reasonably be expected to secure suitable employment in the commuting area in which he resides and that such worker

(1) has obtained suitable employment affording a reasonable expectation of long-term duration in the area in which he wishes to relocate, or

(2) has obtained a bona fide offer of such employment, and

(3) is totally separated from employment at the time relocation commences.

(c) Time of relocation

A relocation allowance shall not be granted to such worker unless his relocation occurs within 182 days after the filing of the application therefor or (in the case of a worker who has been referred to training by the Secretary) within 182 days after the conclusion of such training.

(d) "Relocation allowance" defined

For the purposes of this section, the term "relocation allowance" means

(1) 90 percent of the reasonable and necessary expenses (including, but not limited to, subsistence and transportation expenses at levels not exceeding those allowable under section 2296(b)(1) and (2) of this title) specified in regulations prescribed by the Secretary, incurred in transporting a worker and his family, if any, and household effects, and

(2) a lump sum equivalent to three times the worker's average weekly wage, up to a maximum payment of $800.

(Pub. L. 93-618, title II, § 238, Jan. 3, 1975, 88 Stat. 2024; Pub. L. 97-35, title XXV, § 2508, Aug. 13, 1981, 95 Stat. 886; Pub. L. 98-369, div. B, title VI, § 2672(b), July 18, 1984, 98 Stat. 1172.)

TERMINATION OF SECTION

For termination of section by section 285 of Pub. L. 93-618, see Termination Date note set out preceding section 2271 of this title.

AMENDMENTS

1984-Subsec. (d)(2). Pub. L. 98-369 substituted "$800" for "$600".

1981-Subsec. (a). Pub. L. 97-35, § 2508(1), inserted provisions relating to time for filing application and struck out provisions respecting total separation. Subsec. (b)(3). Pub. L. 97-35, § 2508(2), added par.

(3).

Subsec. (c). Pub. L. 97-35, § 2508(3), substituted provisions respecting 182-day requirements for provisions respecting requirements involving entitlements for the week in which the application is filed and relocation occurring within a reasonable period of time.

Subsec. (d)(1). Pub. L. 97-35, § 2508(4)(A), increased percentage from 80 to 90 percent and inserted provision respecting allowable levels of subsistence and travel expenses.

Subsec. (d)(2). Pub. L. 97-35, § 2508(4)(B), increased maximum payment from $500 to $600.

EFFECTIVE DATE OF 1981 Amendment and TRANSITION PROVISIONS

Amendment by Pub. L. 97-35 effective for determi nations made or filed after Sept. 30, 1981, with transi.

tion provisions applicable, see section 2514 of Pub. L. 97-35, set out as a note under section 2291 of this title.

SUBPART C-GENERAL PROVISIONS

§ 2311. Agreements with States

(a) Authority of Secretary to enter into agreements The Secretary is authorized on behalf of the United States to enter into an agreement with any State, or with any State agency (referred to in this subpart as "cooperating States" and "cooperating States agencies" respectively). Under such an agreement, the cooperating State agency (1) as agent of the United States, will receive applications for, and will provide, payments on the basis provided in this part, (2) where appropriate, but in accordance with subsection (f) of this section, will afford adversely affected workers testing, counseling, referral to training and job search programs, and placement services, (3) will make any certifications required under section 2291(c)(2) of this title, and (4) will otherwise cooperate with the Secretary and with other State and Federal agencies in providing payments and services under this part.

(b) Amendment, suspension, and termination of agreements

Each agreement under this subpart shall provide the terms and conditions upon which the agreement may be amended, suspended, or terminated.

(c) Unemployment insurance

Each agreement under this subpart shall provide that unemployment insurance otherwise payable to any adversely affected worker will not be denied or reduced for any week by reason of any right to payments under this part.

(d) Review

A determination by a cooperating State agency with respect to entitlement to program benefits under an agreement is subject to review in the same manner and to the same extent as determinations under the applicable State law and only in that manner and to that extent.

(e) Coordination of benefits and assistance

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 2295 and 2296 of this title and under title III of the Job Training Partnership Act [29 U.S.C. 1651 et seq.] 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 part.

(f) Advising and interviewing adversely affected workers

Each cooperating State agency shall, in carrying out subsection (a)(2) of this section

(1) advise each worker who applies for unemployment insurance of the benefits under

this part and the procedures and deadlines for applying for such benefits,

(2) facilitate the early filing of petitions under section 2271 of this title for any workers that the agency considers are likely to be eligible for benefits under this part,

(3) advise each adversely affected worker to apply for training under section 2296(a) of this title before, or at the same time, the worker applies for trade readjustment allowances under sections 2291 to 2294 of this title, and

(4) as soon as practicable, interview the adversely affected worker regarding suitable training opportunities available to the worker under section 2296 of this title and review such opportunities with the worker.

(Pub. L. 93-618, title II, § 239, Jan. 3, 1975, 88 Stat. 2024; Pub. L. 97-35, title XXV, § 2513(d)(6), Aug. 13, 1981, 95 Stat. 889; Pub. L. 99-272, title XIII, §§ 13003(a)(3), 13004(c), Apr. 7, 1986, 100 Stat. 301, 303; Pub. L. 100-418, title I, §§ 1423(a)(4), 1424(d)(1)(B), (2), Aug. 23, 1988, 102 Stat. 1246, 1250.)

TERMINATION OF SECTION

For termination of section by section 285 of Pub. L. 93-618, see Termination Date note set out preceding section 2271 of this title.

REFERENCES IN TEXT

The Job Training Partnership Act, referred to in subsec. (e), is Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322, as amended. Title III of that Act is classified generally to subchapter III (§ 1651 et seq.) of chapter 19 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of Title 29 and Tables.

CODIFICATION

Section is comprised of subsecs. (a) to (f) of Pub. L. 93-618. Another subsec. (e) of section 239 of Pub. L. 93-618 amended section 3302 of Title 26, Internal Revenue Code.

AMENDMENTS

1988-Subsec. (a)(3). Pub. L. 100-418, § 1423(a)(4), amended cl. (3) generally. Prior to amendment, cl. (3) read as follows: "will make determinations and approvals regarding job search programs under sections 2291(c) and 2297(c) of this title, and".

Subsec. (e). Pub. L. 100-418, § 1424(d)(1)(B), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: "Agreements entered into under this section may be made with one or more State or local agencies including

"(1) the employment service agency of such State, "(2) any State agency carrying out title III of the Job Training Partnership Act [29 U.S.C. 1651 et seq.), or

"(3) any other State or local agency administering job training or related programs."

Subsec. (f). Pub. L. 100-418, § 1424(d)(2), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: "Each cooperating State agency shall, in carrying out subsection (a)(2) of this section

"(1) advise each adversely affected worker to apply for training under section 2296(a) of this title at the time the worker makes application for trade readjustment allowances (but failure of the worker to do so may not be treated as cause for denial of those allowances), and

« iepriekšējāTurpināt »