Page:United States Statutes at Large Volume 123.djvu/402

 123STA T . 3 8 2 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9‘ ‘ (E)If,duringa fi sc a lye ar, th e S ecretary esti m ates that the am o unt of funds necessary to p ay the costs of training appro v ed under this section w ill e x ceed the dollar amount limitation specified in su b paragraph ( 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) DET E RMINA TI O N SR E G AR D ING T RAINING. — Section 236 (a)( 9 ) of the Trade Act of 1 9 74 (19 U .S. C . 2296(a)(9)) is amended— (1) by stri k ing ‘‘The Secretary’’ and inserting ‘‘(A) Sub j ect 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 q ualified 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 para - graph (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) REG UL ATIONS.—Section 236 of the Trade Act of 1974 (19 U.S.C. 2296) is amended by adding at the end the following: ‘‘(g) REGULATIONS W IT H RES P E C T TO APPORTIONMENT O F TRAINING FUNDS TO STATES.— ‘‘(1) IN GENERAL.— N ot 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 M eans of the H ouse of Representatives not less than 9 0 days before issuing any regulation pursuant to para- graph (1).’’. (d) EFFECTI V E 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 O ctober 1, 2009. SEC.1829 . PR ERE QUI SI T EE D UC A TI ON; APPRO V ED TRAININ G PRO - GRA M S. (a) IN G ENERAL.—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: 19USC2 29 6note.D e adli ne s .