123STA T . 3 84PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9(i i ) i nsubpar a g rap h ( C ) , b y ins e r t ing ‘ ‘ o ra dv erse l y a f fe c ted incu m bent w or k er ’ ’ after ‘‘adversely affected worker’’ each place it appears
(C) in paragraph ( 5 ), in the matter preceding subpara - graph ( A ), by striking ‘‘ T he training programs’’ and inserting ‘‘ Ex cept as provided in paragraph ( 10 ), the training programs’’; ( D ) in paragraph ( 6 )( B ), by inserting ‘‘or adversely affected incumbent worker’’ after ‘‘adversely affected worker’’; (E) in paragraph ( 7 )(B), by inserting ‘‘or adversely affected incumbent worker’’ after ‘‘adversely affected worker’’; and ( F ) by inserting after paragraph ( 9 ) the following
‘‘(10) I n the case of an adversely affected incumbent worker, the S ecretary may not approve — ‘‘(A) on-the- j ob training under paragraph (5)(A)(i); or ‘‘(B) customi z ed training under paragraph (5)(A)(ii), unless such training is for a position other than the worker’s adversely affected employment . ‘‘(11) If the Secretary determines that an adversely affected incumbent worker for whom the Secretary approved training under this section is no longer threatened with a total or partial separa- tion, the Secretary shall terminate the approval of such training.’’. ( 2 )D EFIN I T I O N S .—Section 2 4 7 of the Trade Act of 1974 (19 U .S.C. 2 3 19), as amended, is further amended by adding at the end the following: ‘‘(19) The term ‘adversely affected incumbent worker’ means a worker who— ‘‘(A) is a member of a group of workers who have been certified as eligible to apply for adjustment assistance under subchapter A; ‘‘(B) has not been totally or partially separated from adversely affected employment; and ‘‘(C) the Secretary determines, on an individual basis, is threatened with total or partial separation.’’. (b) PAR T-TI M E TRAININ G .—Section 236 of the Trade Act of 1974 (19 U.S.C. 2296), as amended, is further amended by adding at the end the following: ‘‘(h) PART-TIME TRAINING.— ‘‘(1) IN GENERA L .—The Secretary may approve full-time or part-time training for a worker under subsection (a). ‘‘(2) L IMITATION.— N otwithstanding paragraph (1), a worker participating in part-time training approved under subsection (a) may not receive a trade readjustment allowance under sec- tion 231.’’. SEC.183 1. ON-TH E- J O B T RAI NIN G . (a) IN G ENERAL.—Section 236(c) of the Trade Act of 1974 (19 U.S.C. 2296(c)) is amended— (1) by redesignating paragraphs (1) through (10) as sub- paragraphs (A) through ( J ) and moving such subparagraphs 2 ems to the right; (2) by striking ‘‘(c) The Secretary shall’’ and all that follows through ‘‘such costs,’’ and inserting the following: ‘‘(c) O N-T H E-JO B TRAINING R E QU IREMENTS.—
