Public Law 111–5 111th Congress An Act - Loan Programs Office

123 STAT. 382 PUBLIC LAW 111–5—FEB. 17, 2009
Deadlines.
19 USC 2296
note.
‘‘(E) If, during a fiscal year, the Secretary estimates that the
amount of funds necessary to pay the costs of training approved
under this section will exceed the dollar amount limitation specified
in subparagraph (A), the Secretary shall decide how the amount
of funds made available to carry out this section that have not
been distributed at the time of the estimate will be apportioned
among the States for the remainder of the fiscal year.’’.
(b) DETERMINATIONS REGARDING TRAINING.—Section 236(a)(9)
of the Trade Act of 1974 (19 U.S.C. 2296(a)(9)) is amended—
(1) by striking ‘‘The Secretary’’ and inserting ‘‘(A) Subject
to subparagraph (B), the Secretary’’; and
(2) by adding at the end the following:
‘‘(B)(i) In determining under paragraph (1)(E) whether a worker
is qualified to undertake and complete training, the Secretary may
approve training for a period longer than the worker’s period of
eligibility for trade readjustment allowances under part I if the
worker demonstrates a financial ability to complete the training
after the expiration of the worker’s period of eligibility for such
trade readjustment allowances.
‘‘(ii) In determining the reasonable cost of training under paragraph
(1)(F) with respect to a worker, the Secretary may consider
whether other public or private funds are reasonably available
to the worker, except that the Secretary may not require a worker
to obtain such funds as a condition of approval of training under
paragraph (1).’’.
(c) REGULATIONS.—Section 236 of the Trade Act of 1974 (19
U.S.C. 2296) is amended by adding at the end the following:
‘‘(g) REGULATIONS WITH RESPECT TO APPORTIONMENT OF
TRAINING FUNDS TO STATES.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date
of the enactment of this subsection, the Secretary shall issue
such regulations 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 Representatives not less
than 90 days before issuing any regulation pursuant to paragraph
(1).’’.
(d) EFFECTIVE DATE.—This section and the amendments made
by this section shall take effect upon the expiration of the 90-
day period beginning on the date of the enactment of this Act,
except that—
(1) subparagraph (A) of section 236(a)(2) of the Trade Act
of 1974, as amended by subsection (a) of this section, shall
take effect on the date of the enactment of this Act; and
(2) subparagraphs (B), (C), and (D) of such section 236(a)(2)
shall take effect on October 1, 2009.
ebenthall on POQ96SHH1 with PUBLAW
SEC. 1829. PREREQUISITE EDUCATION; APPROVED TRAINING PRO-
GRAMS.
(a) IN GENERAL.—Section 236(a)(5) of the Trade Act of 1974
(19 U.S.C. 2296(a)(5)) is amended—
(1) in subparagraph (A)—
(A) by striking ‘‘and’’ at the end of clause (i);
(B) by adding ‘‘and’’ at the end of clause (ii); and
(C) by inserting after clause (ii) the following:
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