19 U.S.C. § 2297 — Job search allowances

Page 607 TITLE 19—CUSTOMS DUTIES § 2297 ‘‘(2) subparagraphs (B), (C), and (D) of such section 236(a)(2) [19 U.S.C. 2296(a)(2)(B) to (D)] shall take ef- fect on October 1, 2009.’’ Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period begin- ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 not ap- plicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codifica- tion note above. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–210 applicable to petitions for certification filed under this part or part 3 of this subchapter on or after the date that is 90 days after Aug. 6, 2002, except as otherwise provided, see section 151 of Pub. L. 107–210, set out as a note preceding sec- tion 2271 of this title. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 101(f) [title VIII, § 405(d)(14)(A)] of Pub. L. 105–277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, § 405(f)(11)(A)] of Pub. L. 105–277 effective July 1, 2000, see section 101(f) [title VIII, § 405(g)(1), (2)(B)], set out as a note under section 3502 of Title 5, Government Orga- nization and Employees. EFFECTIVE DATE OF 1988 AMENDMENTS Amendment by Pub. L. 100–647 applicable as if such amendment took effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100–647, set out as an Effective and Termination Dates of 1988 Amendments note under sec- tion 58c of this title. Amendment by section 1424(c)(2), (3) of Pub. L. 100–418 effective on date that is 90 days after Aug. 23, 1988, see section 1430(f) of Pub. L. 100–418, set out as an Effective Date note under section 2397 of this title. EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION PROVISIONS Amendment by Pub. L. 97–35 effective for determina- tions made or filed after Sept. 30, 1981, with transition provisions applicable, and with the amendment of sub- sec. (a)(2) of this section applicable, except as otherwise provided, to laws for certification purposes under sec- tion 3304 of title 26 on Oct. 31, of any taxable year after 1981, see section 2514 of Pub. L. 97–35, set out as a note under section 2291 of this title. TERMINATION DATE No trade adjustment assistance, vouchers, allow- ances, or other payments or benefits may be provided under this part after June 30, 2022, except as otherwise provided, see section 285 of Pub. L. 93–618, as modified by section 406(a)(7) of Pub. L. 114–27, set out as notes preceding section 2271 of this title. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (d) relating to submitting a quarterly report to Congress on funds for training under subsec. (a), see section 3003 of Pub. L. 104–66, set out as a note under section 1113 of Title 31, Money and Finance, and page 124 of House Document No. 103–7. § 2297. Job search allowances (a) Job search allowance authorized (1) In general An adversely affected worker covered by a certification issued under subpart A of this part may file an application with the Sec- retary for payment of a job search allowance. (2) Approval of applications The Secretary may grant an allowance pur- suant to an application filed under paragraph (1) when all of the following apply: (A) Assist adversely affected worker The allowance is paid to assist an ad- versely affected worker who has been totally separated in securing a job within the United States. (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; or (ii) the date that is the 182d day after the date on which the worker concluded train- ing, unless the worker received a waiver under section 2291(c) of this title. (b) Amount of allowance (1) In general An allowance granted under subsection (a) shall provide reimbursement to the worker of 90 percent of the cost of necessary job search expenses as prescribed by the Secretary in reg- ulations. (2) Maximum allowance Reimbursement under this subsection may not exceed $1,250 for any worker. (3) Allowance for subsistence and transpor- tation Reimbursement under this subsection may not be made for subsistence and transpor- tation expenses at levels exceeding those al- lowable under section 2296(b)(1) and (2) of this title. (c) Exception Notwithstanding subsection (b), the Secretary shall reimburse any adversely affected worker for necessary expenses incurred by the worker in participating in a job search program approved by the Secretary. (Pub. L. 93–618, title II, § 237, Jan. 3, 1975, 88 Stat. 2023; Pub. L. 97–35, title XXV, § 2507, Aug. 13, 1981, 95 Stat. 886; Pub. L. 98–369, div. B, title VI, § 2672(a), July 18, 1984, 98 Stat. 1172; Pub. L. 99–272, title XIII, § 13005(a), Apr. 7, 1986, 100 Stat. 303; Pub. L. 107–210, div. A, title I, § 121, Aug. 6, 2002, 116 Stat. 942; Pub. L. 111–5, div. B, title I, § 1833(a), Feb. 17, 2009, 123 Stat. 386; Pub. L. 112–40, title II, §§ 201(b), (c), 214(d), Oct. 21, 2011, 125 Stat. 403, 406; Pub. L. 114–27, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.) TERMINATION OF ASSISTANCE For termination of assistance under this part after June 30, 2022, see Termination Date note below. Page 608 TITLE 19—CUSTOMS DUTIES § 2297 Editorial Notes CODIFICATION Section reflects the July 1, 2021, reversion to provi- sions in effect on Jan. 1, 2014. See Effective and Termi- nation Dates of 2015 Revival note below. Section 233 of Pub. L. 112–40, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 114–27, title IV, § 402(a), June 29, 2015, 129 Stat. 374, and the provisions of this section, as in effect on Dec. 31, 2013, were temporarily revived, effective June 29, 2015, until July 1, 2021, by Pub. L. 114–27, §§ 402(b), (c), 406. See 2011 and 2015 Amendment notes, Effective and Termination Dates of 2011 Revival notes, and Effective and Termination Dates of 2015 Revival notes below. Section 1893 of Pub. L. 111–5, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 111–5, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 111–5 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See 2009 and 2011 Amendment notes, Effective and Termi- nation Dates of 2009 Amendment notes, and Effective and Termination Dates of 2011 Revival notes below. AMENDMENTS 2015—Pub. L. 114–27, §§ 402(b), (c), 406, temporarily re- vived the provisions of this section, as in effect on Dec. 31, 2013. See Codification note above and 2011 Amend- ment and Effective and Termination Dates of 2015 Re- vival notes below. 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- vived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 Amend- ment and Effective and Termination Dates of 2011 Re- vival notes below. Subsec. (a)(1). Pub. L. 112–40, §§ 214(d)(1), 233, tempo- rarily substituted ‘‘Each State may use funds made available to the State to carry out sections 2295 through 2298 of this title to allow an adversely affected worker’’ for ‘‘An adversely affected worker’’ and ‘‘to file’’ for ‘‘may file’’. See Codification note above and Effective and Termination Dates of 2011 Revival note below. Subsec. (b)(1). Pub. L. 112–40, §§ 214(d)(2)(A), 233, tem- porarily substituted ‘‘Any’’ for ‘‘An’’ and ‘‘not more than 90 percent of the necessary job search expenses of the worker’’ for ‘‘all necessary job search expenses’’. See Codification note above and Effective and Termi- nation Dates of 2011 Revival note below. Subsec. (b)(2). Pub. L. 112–40, §§ 214(d)(2)(B), 233, tem- porarily substituted ‘‘$1,250’’ for ‘‘$1,500’’. See Codifica- tion note above and Effective and Termination Dates of 2011 Revival note below. Subsec. (c). Pub. L. 112–40, §§ 214(d)(3), 233, tempo- rarily substituted ‘‘a State may’’ for ‘‘the Secretary shall’’. See Codification note above and Effective and Termination Dates of 2011 Revival note below. 2009—Subsec. (a)(2)(C)(ii). Pub. L. 111–5, §§ 1833(a)(1), 1893, temporarily struck out ‘‘, unless the worker re- ceived a waiver under section 2291(c) of this title’’ be- fore period. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (b)(1). Pub. L. 111–5, §§ 1833(a)(2)(A), 1893, tem- porarily substituted ‘‘all’’ for ‘‘90 percent of the cost of’’. See Codification note above and Effective and Ter- mination Dates of 2009 Amendment note below. Subsec. (b)(2). Pub. L. 111–5, §§ 1833(a)(2)(B), 1893, tem- porarily substituted ‘‘$1,500’’ for ‘‘$1,250’’. See Codifica- tion note above and Effective and Termination Dates of 2009 Amendment note below. 2002—Pub. L. 107–210 amended section generally. Prior to amendment, section related to applications for job search allowances, amounts of allowances, conditions for granting allowances, and reimbursement of worker expenses. 1986—Subsec. (c). Pub. L. 99–272 added subsec. (c). 1984—Subsec. (a)(1). Pub. L. 98–369 substituted ‘‘$800’’ for ‘‘$600’’. 1981—Subsec. (a). Pub. L. 97–35, § 2507(1), amended pro- visions generally, increasing percent of reimbursement of cost of job search from 80 to 90 and maximum amount from $500 to $600, and striking out requirement of total separation. Subsec. (b)(1). Pub. L. 97–35, § 2507(2)(A), inserted ‘‘who has been totally separated’’ after ‘‘to assist an adversely affected worker’’. Subsec. (b)(3). Pub. L. 97–35, § 2507(2)(B), amended par. (3) generally, substituting the 182-day period for a rea- sonable period of time and inserting provision relating to 365 days after certification. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 2015 REVIVAL For revival and applicability, beginning on June 29, 2015, of the provisions of this section as in effect on Dec. 31, 2013, see section 402(b), (c) of Pub. L. 114–27, set out as a note preceding section 2271 of this title. For reversion, beginning on July 1, 2021, to the provi- sions of this section as in effect on Jan. 1, 2014, with certain exceptions and subject to section 406(b) of Pub. L. 114–27, see section 406 of Pub. L. 114–27, set out as a note preceding section 2271 of this title. EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL For revival and applicability, beginning on Oct. 21, 2011, of the provisions of this section as in effect on Feb. 12, 2011, see section 201(b), (c) of Pub. L. 112–40, set out as a note preceding section 2271 of this title. Section 233 of Pub. L. 112–40, formerly set out as a note preceding section 2271 of this title, which provided for the reversion, beginning on Jan. 1, 2014, of the provi- sions of this section to those in effect on Feb. 13, 2011, subject to certain exceptions, was repealed by Pub. L. 114–27, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effec- tive June 29, 2015. See Codification note above. EFFECTIVE AND TERMINATION DATES OF 2009 AMENDMENT Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period begin- ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 not ap- plicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codifica- tion note above. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–210 applicable to petitions for certification filed under this part or part 3 of this subchapter on or after the date that is 90 days after Aug. 6, 2002, except as otherwise provided, see section 151 of Pub. L. 107–210, set out as a note preceding sec- tion 2271 of this title. EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION PROVISIONS Amendment by Pub. L. 97–35 effective for determina- tions made or filed after Sept. 30, 1981, with transition provisions applicable, see section 2514 of Pub. L. 97–35, set out as a note under section 2291 of this title. TERMINATION DATE No trade adjustment assistance, vouchers, allow- ances, or other payments or benefits may be provided under this part after June 30, 2022, except as otherwise Page 609 TITLE 19—CUSTOMS DUTIES § 2298 provided, see section 285 of Pub. L. 93–618, as modified by section 406(a)(7) of Pub. L. 114–27, set out as notes preceding section 2271 of this title. § 2298. Relocation allowances (a) Relocation allowance authorized (1) In general Any adversely affected worker covered by a certification issued under subpart A of this part may file an application for a relocation allowance with the Secretary, and the Sec- retary 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 ad- versely affected worker in relocating within the United States. (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 em- ployment at the time relocation commences. (D) Suitable employment obtained The worker— (i) has obtained suitable employment af- fording 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; or (ii) the date that is the 182d day after the date on which the worker concluded train- ing, unless the worker received a waiver under section 2291(c) of this title. (b) Amount of allowance The relocation allowance granted to a worker under subsection (a) includes— (1) 90 percent of the reasonable and nec- essary expenses (including, but not limited to, subsistence and transportation expenses at levels not exceeding those allowable under sec- tion 2296(b)(1) and (2) of this title specified in regulations prescribed by the Secretary) in- curred in transporting the worker, the work- er’s family, and household effects; and (2) a lump sum equivalent to 3 times the worker’s average weekly wage, up to a max- imum 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 reloca- tion 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) and (2) of this title. (Pub. L. 93–618, title II, § 238, Jan. 3, 1975, 88 Stat. 2024; Pub. L. 97–35, title XXV, § 2508, Aug. 13, 1981, 95 Stat. 886; Pub. L. 98–369, div. B, title VI, § 2672(b), July 18, 1984, 98 Stat. 1172; Pub. L. 107–210, div. A, title I, § 122, Aug. 6, 2002, 116 Stat. 943; Pub. L. 108–429, title II, § 2004(a)(6), Dec. 3, 2004, 118 Stat. 2590; Pub. L. 111–5, div. B, title I, § 1833(b), Feb. 17, 2009, 123 Stat. 386; Pub. L. 112–40, title II, §§ 201(b), (c), 214(e), Oct. 21, 2011, 125 Stat. 403, 406; Pub. L. 114–27, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.) TERMINATION OF ASSISTANCE For termination of assistance under this part after June 30, 2022, see Termination Date note below. Editorial Notes CODIFICATION Section reflects the July 1, 2021, reversion to provi- sions in effect on Jan. 1, 2014. See Effective and Termi- nation Dates of 2015 Revival note below. Section 233 of Pub. L. 112–40, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 114–27, title IV, § 402(a), June 29, 2015, 129 Stat. 374, and the provisions of this section, as in effect on Dec. 31, 2013, were temporarily revived, effective June 29, 2015, until July 1, 2021, by Pub. L. 114–27, §§ 402(b), (c), 406. See 2011 and 2015 Amendment notes, Effective and Termination Dates of 2011 Revival notes, and Effective and Termination Dates of 2015 Revival notes below. Section 1893 of Pub. L. 111–5, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 111–5, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 111–5 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See 2009 and 2011 Amendment notes, Effective and Termi- nation Dates of 2009 Amendment notes, and Effective and Termination Dates of 2011 Revival notes below. AMENDMENTS 2015—Pub. L. 114–27, §§ 402(b), (c), 406, temporarily re- vived the provisions of this section, as in effect on Dec. 31, 2013. See Codification note above and 2011 Amend- ment and Effective and Termination Dates of 2015 Re- vival notes below. 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- vived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 Amend- ment and Effective and Termination Dates of 2011 Re- vival notes below. Subsec. (a)(1). Pub. L. 112–40, §§ 214(e)(1), 233, tempo- rarily substituted ‘‘Each State may use funds made available to the State to carry out sections 2295 through 2298 of this title to allow an adversely affected worker’’ for ‘‘Any adversely affected worker’’ and ‘‘to file’’ for ‘‘may file’’. See Codification note above and Effective and Termination Dates of 2011 Revival note below. Subsec. (b). Pub. L. 112–40, §§ 214(e)(2)(A), 233, in intro- ductory provisions, temporarily substituted ‘‘Any’’ for ‘‘The’’ and ‘‘shall include’’ for ‘‘includes’’. See Codifica- tion note above and Effective and Termination Dates of 2011 Revival note below.