Page:United States Statutes at Large Volume 95.djvu/911

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 885

"PART II—TRAINING, OTHER EMPLOYMENT SERVICES, AND ALLOWANCES";

(2) by amending subsections (a) and (b) of section 236 to read as follows: "(a)(1) If the Secretary determines that— "(A) there is no suitable employment (which may include technical and professional emplo5niient) available for a 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 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, and employers), and "(E) the worker is qualified to undertake and complete such training, the Secretary may approve such training for the worker. Upon such approval, the worker shall be entitled to have payment of the costs of such training paid on his behalf by the Secretary. 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 worker may not be determined to be ineligible or disqualified for unemployment insurance or program benefits under this subchapter because the individual is in training approved under paragraph (1), because of leaving work which is not suitable employment to enter such training, or because of the application to any such week in training of 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 provide training under paragraph (1) and the anticipated demand for such funds for any remaining quarters in the fiscal year concerned. "(3) For purposes of this subsection 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. "(b) 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.', and (3) by striking out the following:

19 USC 2296

20 USC 2461

Report to Congress.

"Suitable employment.

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