---
kind: "range"
citation: "19 U.S.C. §§ 2295–2298"
title: "19"
from: "2295"
to: "2298"
count: 5
release: "119-102"
url: "https://uscodex.org/usc/19/2295..2298"
---

# §2295. Employment services


The Secretary shall make every reasonable effort to secure for [adversely affected workers](/usc/19/2319.md?p=2) covered by a certification under subpart A of this part counseling, testing, and placement services, and supportive and other services, provided for under any other Federal law, including the services provided through one-stop delivery systems described in [section 2864(c) of title 29](https://uscode.house.gov/view.xhtml?req=(/us/usc/t29/s2864/c)). The Secretary shall, whenever appropriate, procure such services through [agreements](/usc/19/2518.md?p=1) with the [States](/usc/19/2319.md?p=8).


# [§2295a. Omitted — omitted]



# §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](#e) (which may include technical and professional employment) available for an [adversely affected worker](/usc/19/2319.md?p=2),
    - (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 career and technical education schools, as defined in [section 2302 of title 20](/usc/20/2302.md), and employers)[^1]
    - (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)](#a-1) for any fiscal year shall not exceed $220,000,000.
    - (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)](#a-2-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](/usc/19/2319.md?p=8) for the remainder of such fiscal year.
  - (3) For purposes of applying [paragraph (1)(C)](#a-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)](#a-1).
  - (4)
    - (A) If the costs of training an [adversely affected worker](/usc/19/2319.md?p=2) are paid by the Secretary under [paragraph (1)](#a-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)](#a-1) of the costs of training an [adversely affected worker](/usc/19/2319.md?p=2) 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](/usc/19/2319.md?p=2), even if such use has the effect of indirectly paying or reducing any portion of the costs involved in training the [adversely affected worker](/usc/19/2319.md?p=2).
  - (5) The training programs that may be approved under [paragraph (1)](#a-1) include, but are not limited to—
    - (A) employer-based training, including—
      - (i) [on-the-job training](/usc/19/2319.md?p=16), and
      - (ii) [customized training](#f),
    - (B) any training program provided by a [State](/usc/19/2319.md?p=8) pursuant to title I of the Workforce Investment Act of 1998,[^2]
    - (C) any training program approved by a private industry council established under section 102 of such Act,[^2]
    - (D) any program of remedial education,
    - (E) any training program (other than a training program described in [paragraph (7)](#a-7)) for which all, or any portion, of the costs of training the worker are paid—
      - (i) under any Federal or [State](/usc/19/2319.md?p=8) 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)](#a-1) to pay the costs of any training approved under [paragraph (1)](#a-1) to the extent that such costs are paid—
      - (i) under any Federal or [State](/usc/19/2319.md?p=8) program other than this part, or
      - (ii) from any source other than this section.
    - (B) Before approving any training to which [subparagraph (A)](#a-6-A) may apply, the Secretary may require that the [adversely affected worker](/usc/19/2319.md?p=2) enter into an [agreement](/usc/19/2518.md?p=1) 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)](#a-6-A-i) or [(ii)](#a-6-A-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](/usc/19/2319.md?p=2) 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](/usc/19/2319.md?p=2) who is a [member](/usc/19/2571.md?p=8) of a group certified under subpart A at any time after the date on which the group is certified under subpart A, without regard to whether such worker has exhausted all rights to any [unemployment insurance](/usc/19/2319.md?p=12) 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)](#a-1) that will be used as the basis for making determinations under [paragraph (1)](#a-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 [on-the-job training](/usc/19/2319.md?p=16) of an [adversely affected worker](/usc/19/2319.md?p=2) that is approved under [subsection (a)(1)](#a-1) 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](/usc/19/2319.md?p=2) (including partial displacement such as a reduction in the hours of nonovertime work, wages, or employment benefits),
  - (2) such training does not impair [existing](/usc/19/2481.md?p=7) contracts for services or collective bargaining [agreements](/usc/19/2518.md?p=1),
  - (3) in the case of training which would be inconsistent with the terms of a collective bargaining [agreement](/usc/19/2518.md?p=1), 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](/usc/19/2319.md?p=2) 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](/usc/19/2319.md?p=2),
  - (6) the job for which such [adversely affected worker](/usc/19/2319.md?p=2) 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](/usc/19/2272.md),
  - (8) the employer is provided reimbursement of not more than 50 percent of the wage rate of the participant, for the cost of providing the training and additional supervision related to the training,
  - (9) the employer has not received payment under [subsection (a)(1)](#a-1) of this section with respect to any other [on-the-job training](/usc/19/2319.md?p=16) provided by such employer which failed to meet the requirements of paragraphs [(1)](#c-1), [(2)](#c-2), [(3)](#c-3), [(4)](#c-4), [(5)](#c-5), and [(6)](#c-6), and
  - (10) the employer has not taken, at any time, any action which violated the terms of any certification described in [paragraph (8)](#c-8) made by such employer with respect to any other [on-the-job training](/usc/19/2319.md?p=16) provided by such employer for which the Secretary has made a payment under [subsection (a)(1)](#a-1) of this section.
- (d) **Eligibility for unemployment insurance—** A worker may not be determined to be ineligible or disqualified for [unemployment insurance](/usc/19/2319.md?p=12) or program benefits under this subpart because the individual is in training approved under [subsection (a)](#a), because of leaving work which is not [suitable employment](#e) to enter such training, or because of the application to any such [week](/usc/19/2319.md?p=13) in training of provisions of [State law](/usc/19/2319.md?p=10) or Federal [unemployment insurance](/usc/19/2319.md?p=12) 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 [subsection (a)](#a) 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 affected employment](/usc/19/2319.md?p=1), and wages for such work at not less than 80 percent of the worker’s [average weekly wage](/usc/19/2319.md?p=4).
- (f) **“Customized training” defined—** For purposes of this section, the term “customized training” means training that is—
  - (1) designed to meet the special requirements of an employer or group of employers;
  - (2) conducted with a commitment by the employer or group of employers to employ an individual upon successful completion of the training; and
  - (3) for which the employer pays for a significant portion (but in no case less than 50 percent) of the cost of such training, as determined by the Secretary.

# §2297. Job search allowances

- (a) **Job search allowance authorized—**
  - (1) **In general—** An [adversely affected worker](/usc/19/2319.md?p=2) covered by a certification issued under subpart A of this part may file an application with the Secretary for payment of a job search allowance.
  - (2) **Approval of applications—** The Secretary may grant an allowance pursuant to an application filed under [paragraph (1)](#a-1) when all of the following apply:
    - (A) **Assist adversely affected worker—** The allowance is paid to assist an [adversely affected worker](/usc/19/2319.md?p=2) who has been totally separated in securing a job within the [United States](/usc/19/2319.md?p=8).
    - (B) **Local employment not available—** The Secretary determines that the worker cannot reasonably be expected to secure suitable employment in the commuting area in which the worker resides.
    - (C) **Application—** The worker has filed an application for the allowance with the Secretary before—
      - (i) the later of—
        - (I) the 365th day after the date of the certification under which the worker is certified as eligible; or
        - (II) the 365th day after the date of the worker’s last [total separation](/usc/19/2319.md?p=11); or
      - (ii) the date that is the 182d day after the date on which the worker concluded training, unless the worker received a waiver under [section 2291(c) of this title](/usc/19/2291.md?p=c).
- (b) **Amount of allowance—**
  - (1) **In general—** An allowance granted under [subsection (a)](#a) shall provide reimbursement to the worker of 90 percent of the cost of necessary job search expenses as prescribed by the Secretary in regulations.
  - (2) **Maximum allowance—** Reimbursement under this subsection may not exceed $1,250 for any worker.
  - (3) **Allowance for subsistence and transportation—** Reimbursement under this subsection may not be made for subsistence and transportation expenses at levels exceeding those allowable under section [2296(b)(1)](/usc/19/2296.md?p=b-1) and [(2)](/usc/19/2296.md?p=b-2) of this title.
- (c) **Exception—** Notwithstanding [subsection (b)](#b), the Secretary shall reimburse any [adversely affected worker](/usc/19/2319.md?p=2) for necessary expenses incurred by the worker in participating in a [job search program](/usc/19/2319.md?p=17-A) approved by the Secretary.

# §2298. Relocation allowances

- (a) **Relocation allowance authorized—**
  - (1) **In general—** Any [adversely affected worker](/usc/19/2319.md?p=2) covered by a certification issued under subpart A of this part may file an application for a relocation allowance with the Secretary, and the Secretary may grant the relocation allowance, subject to the terms and conditions of this section.
  - (2) **Conditions for granting allowance—** A relocation allowance may be granted if all of the following terms and conditions are met:
    - (A) **Assist an adversely affected worker—** The relocation allowance will assist an [adversely affected worker](/usc/19/2319.md?p=2) in relocating within the [United States](/usc/19/2319.md?p=8).
    - (B) **Local employment not available—** The Secretary determines that the worker cannot reasonably be expected to secure suitable employment in the commuting area in which the worker resides.
    - (C) **Total separation—** The worker is totally separated from employment at the time relocation commences.
    - (D) **Suitable employment obtained—** The worker—
      - (i) has obtained suitable employment affording a reasonable expectation of long-term duration in the area in which the worker wishes to relocate; or
      - (ii) has obtained a bona fide offer of such employment.
    - (E) **Application—** The worker filed an application with the Secretary before—
      - (i) the later of—
        - (I) the 425th day after the date of the certification under subpart A of this part; or
        - (II) the 425th day after the date of the worker’s last [total separation](/usc/19/2319.md?p=11); or
      - (ii) the date that is the 182d day after the date on which the worker concluded training, unless the worker received a waiver under [section 2291(c) of this title](/usc/19/2291.md?p=c).
- (b) **Amount of allowance—** The relocation allowance granted to a worker under [subsection (a)](#a) includes—
  - (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)](/usc/19/2296.md?p=b-1) and [(2)](/usc/19/2296.md?p=b-2) of this title specified in regulations prescribed by the Secretary) incurred in transporting the worker, the worker’s family, and household effects; and
  - (2) a lump sum equivalent to 3 times the worker’s [average weekly wage](/usc/19/2319.md?p=4), up to a maximum payment of $1,250.
- (c) **Limitations—** A relocation allowance may not be granted to a worker unless—
  - (1) the relocation occurs within 182 days after the filing of the application for relocation assistance; or
  - (2) the relocation occurs within 182 days after the conclusion of training, if the worker entered a training program approved by the Secretary under section [2296(b)(1)](/usc/19/2296.md?p=b-1) and [(2)](/usc/19/2296.md?p=b-2) of this title.