123STA T . 3 85PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9‘ ‘ (1)INGE NE RAL.—TheS e cr e ta r ym aya p pr ov eo n- the- j o b tra i nin gf oranya d ver s e l y affected w or k er if— ‘‘( A ) the worker meets the re qu irements for training to be approved under subsection (a)(1)
‘‘( B ) the Secretary determines that on-the-job training— ‘‘(i) can reasonably be e x pected to lead to suitable employment with the employer offering the on-the- job training; ‘‘(ii) is compatible with the skills of the worker; ‘‘(iii) includes a curriculum through which the worker will gain the knowledge or skills to become proficient in the job for which the worker is being trained; and ‘‘(iv) can be measured by benchmarks that indicate that the worker is gaining such knowledge or skills; and ‘‘( C ) the State determines that the on-the-job training program meets the requirements of clauses (iii) and (iv) of subparagraph (B). ‘‘( 2 ) MO N TH L YP AY M ENT S .—The Secretary shall pay the costs of on-the-job training approved under paragraph (1) in monthly installments. ‘‘( 3 ) CONTRA C TS F OR ON-THE- J O B TRA I NING.— ‘‘(A) IN GENERAL.—The Secretary shall ensure , in entering into a contract with an employer to provide on- the-job training to a worker under this subsection, that the skill requirements of the job for which the worker is being trained, the academic and occupational skill level of the worker, and the work experience of the worker are taken into consideration. ‘‘(B) TERM OF CONTRACT.—Training under any such contract shall be limited to the period of time required for the worker receiving on-the-job training to become pro- ficient in the job for which the worker is being trained, but may not exceed 1 04 weeks in any case. ‘‘(4) EX CL U SION OF CERTAIN EMPLOYERS.—The Secretary shall not enter into a contract for on-the-job training with an employer that exhibits a pattern of failing to provide workers receiving on-the-job training from the employer with— ‘‘(A) continued, long-term employment as regular employees; and ‘‘(B) wages, benefits, and working conditions that are equivalent to the wages, benefits, and working conditions provided to regular employees who have worked a similar period of time and are doing the same type of work as workers receiving on-the-job training from the employer. ‘‘( 5 ) L ABOR STAN D ARDS.—The Secretary may pay the costs of on-the-job training, ’ ’; and (3) in paragraph (5), as redesignated— (A) in subparagraph (I), as redesignated by paragraph (1) of this section, by striking ‘‘paragraphs (1), (2), (3), (4), (5), and ( 6 )’’ and inserting ‘‘subparagraphs (A), (B), (C), ( D ), (E), and ( F )’’; and (B) in subparagraph ( J ), as redesignated by paragraph (1) of this section, by striking ‘‘paragraph ( 8 )’’ and inserting ‘‘subparagraph ( H )’’.
