Page:United States Statutes at Large Volume 100 Part 1.djvu/338

 100 STAT. 302 Employment and unemployment.

29 USC 1653. 29 USC 1512.

Contracts.

PUBLIC LAW 99-272—APR. 7, 1986

"(2) 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). "(3)(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. "(4) 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 303 of the Job Training Partnership Act, "(C) any training program approved by a private industry council established under section 102 of such Act, and "(D) any other training program approved by the Secretary.", and (7) by inserting after subsection (c) the following new subjection: (d) Notwithstanding any provision of subsection (a)(1), the Secretary may pay the costs of on-the-job training of an adversely affected worker under subsection (a)(1) 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,

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