Page:United States Statutes at Large Volume 123.djvu/401

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123STA T . 3 8 1 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9(b)CLERICA L AM E ND MEN T.—Theta b l e ofc o n tent s oftheT r a d e Act of 1974i sa m ended b y insertin g after the item relating to section 235 the follo w ing

‘ Sec.235A . Fundi n gfora d m ini st rati v ee xp enses and emp l o y ment and case man - agement services. ’ ’. (c) EF FECTI V E D ATE.—The amendments made by this section shall ta k e effect on the date of the enactment of this Act. SEC.182 8. TRAIN IN GFU N D ING. (a) I N G ENERAL.— S ection 23 6 (a)(2) of the Trade Act of 1974 (19 U .S.C. 2296(a)(2)) is amended to read as follows: ‘ ‘(2)(A) The total amo u nt of p ayments that may be made under paragraph (1) shall not e x ceed— ‘‘(i) for each of the fiscal years 2 0 09 and 2010 ,$ 575,000,000

and ‘‘(ii) for the period beginning O ctober 1, 2010, and ending December 31, 2010, $143,750,000. ‘‘( B )(i) The Secretary shall, as soon as practicable after the beginning of each fiscal year, make an initial distribution of the funds made a v ailable to carry out this section, in accordance with the re q uirements of subparagraph (C). ‘‘(ii) The Secretary shall ensure that not less than 90 percent of the funds made available to carry out this section for a fiscal year are distributed to the States by not later than J uly 15 of that fiscal year. ‘‘(C)(i) In making the initial distribution of funds pursuant to subparagraph (B)(i) for a fiscal year, the Secretary shall hold in reserve 35 percent of the funds made available to carry out this section for that fiscal year for additional distributions during the remainder of the fiscal year. ‘‘(ii) Sub j ect to clause (iii), in determining how to apportion the initial distribution of funds pursuant to subparagraph (B)(i) in a fiscal year, the Secretary shall take into account, with respect to each State— ‘‘(I) the trend in the number of workers covered by certifi - cations of eligibility under this chapter during the most recent 4 consecutive calendar quarters for which data are available; ‘‘(II) the trend in the number of workers participating in training under this section during the most recent 4 consecutive calendar quarters for which data are available; ‘‘(III) the number of workers estimated to be participating in training under this section during the fiscal year; ‘‘(I V ) the amount of funding estimated to be necessary to provide training approved under this section to such workers during the fiscal year; and ‘‘(V) such other factors as the Secretary considers appro- priate relating to the provision of training under this section. ‘‘(iii) In no case may the amount of the initial distribution to a State pursuant to subparagraph (B)(i) in a fiscal year be less than 25 percent of the initial distribution to the State in the preceding fiscal year. ‘‘(D) The Secretary shall establish procedures for the distribu- tion of the funds that remain available for the fiscal year after the initial distribution required under subparagraph (B)(i). Such procedures may include the distribution of funds pursuant to requests submitted by States in need of such funds. Procedu re s.D e a d lin e. T i m e p eriod. 19USC2 29 5 a no t e.