19 U.S.C. § 2371 — Community College and Career Training

Page 642 TITLE 19—CUSTOMS DUTIES § 2371 set out as an Effective and Termination Dates of 2011 Revival note preceding section 2271 of this title. § 2371. Community College and Career Training Grant Program (a) Grants authorized (1) In general Beginning August 1, 2009, the Secretary may award Community College and Career Train- ing Grants to eligible institutions for the pur- pose of developing, offering, or improving edu- cational or career training programs for work- ers eligible for training under section 2296 of this title. (2) Limitations An eligible institution may not be awarded— (A) more than one grant under this sec- tion; or (B) a grant under this section in excess of $1,000,000. (b) Definitions In this section: (1) Eligible institution The term ‘‘eligible institution’’ means an in- stitution of higher education (as defined in section 1002 of title 20), but only with respect to a program offered by the institution that can be completed in not more than 2 years. (2) Secretary The term ‘‘Secretary’’ means the Secretary of Labor. (c) Grant proposals (1) In general An eligible institution seeking to receive a grant under this section shall submit a grant proposal to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Guidelines Not later than June 1, 2009, the Secretary shall— (A) promulgate guidelines for the submis- sion of grant proposals under this section; and (B) publish and maintain such guidelines on the website of the Department of Labor. (3) Assistance The Secretary shall offer assistance in pre- paring a grant proposal to any eligible institu- tion that requests such assistance. (4) General requirements for grant proposals (A) In general A grant proposal submitted to the Sec- retary under this section shall include a de- tailed description of— (i) the specific project for which the grant proposal is submitted, including the manner in which the grant will be used to develop, offer, or improve an educational or career training program that is suited to workers eligible for training under sec- tion 2296 of this title; (ii) the extent to which the project for which the grant proposal is submitted will meet the educational or career training needs of workers in the community served by the eligible institution who are eligible for training under section 2296 of this title; and (iii) any previous experience of the eligi- ble institution in providing educational or career training programs to workers eligi- ble for training under section 2296 of this title. (B) Absence of experience The absence of any previous experience in providing educational or career training pro- grams described in subparagraph (A)(iii) shall not automatically disqualify an eligi- ble institution from receiving a grant under this section. (5) Community outreach required In order to be considered by the Secretary, a grant proposal submitted by an eligible insti- tution under this section shall— (A) demonstrate that the eligible institu- tion— (i) reached out to employers to iden- tify— (I) any shortcomings in existing edu- cational and career training opportuni- ties available to workers in the commu- nity; and (II) any future employment opportuni- ties within the community and the edu- cational and career training skills re- quired for workers to meet the future employment demand; and (ii) reached out to other similarly situ- ated institutions in an effort to benefit from any best practices that may be shared with respect to providing edu- cational or career training programs to workers eligible for training under section 2296 of this title; and (B) include a detailed description of— (i) the extent and outcome of the out- reach conducted under subparagraph (A); (ii) the extent to which the project for which the grant proposal is submitted will contribute to meeting any shortcomings identified under subparagraph (A)(i)(I) or any educational or career training needs identified under subparagraph (A)(i)(II); and (iii) the extent to which employers, in- cluding small- and medium-sized firms within the community, have demonstrated a commitment to employing workers who would benefit from the project for which the grant proposal is submitted. (d) Criteria for award of grants (1) In general Subject to the appropriation of funds, the Secretary shall award a grant under this sec- tion based on— (A) a determination of the merits of the grant proposal submitted by the eligible in- stitution to develop, offer, or improve edu- cational or career training programs to be made available to workers eligible for train- ing under section 2296 of this title; Page 643 TITLE 19—CUSTOMS DUTIES § 2371 (B) an evaluation of the likely employ- ment opportunities available to workers who complete an educational or career training program that the eligible institution pro- poses to develop, offer, or improve; and (C) an evaluation of prior demand for training programs by workers eligible for training under section 2296 of this title in the community served by the eligible insti- tution, as well as the availability and capac- ity of existing training programs to meet fu- ture demand for training programs. (2) Matching requirements A grant awarded under this section may not be used to satisfy any private matching re- quirement under any other provision of law. (e) Annual report Not later than December 15, 2009, and annually thereafter, the Secretary shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report— (1) describing each grant awarded under this section during the preceding fiscal year; (2) assessing the impact of each award of a grant under this section in a fiscal year pre- ceding the fiscal year referred to in paragraph (1) on workers receiving training under section 2296 of this title; and (3) providing the following data relating to program performance and outcomes: (A) Of the grants awarded under this sec- tion, the amount of funds spent by grantees. (B) The average dollar amount of grants awarded under this section. (C) The average duration of grants award- ed under this section. (D) The percentage of workers receiving benefits under part 2 that are served by pro- grams developed, offered, or improved using grants awarded under this section. (E) The percentage and number of workers receiving benefits under part 2 who obtained a degree through such programs and the av- erage duration of the participation of such workers in training under section 2296 of this title. (F) The number of workers receiving bene- fits under part 2 served by such programs who did not complete a degree and the aver- age duration of the participation of such workers in training under section 2296 of this title. (Pub. L. 93–618, title II, § 271, formerly § 278, as added Pub. L. 111–5, div. B, title I, § 1872(a), Feb. 17, 2009, 123 Stat. 406; amended Pub. L. 111–344, title I, § 101(c)(8), Dec. 29, 2010, 124 Stat. 3614; as added, renumbered § 271, and amended Pub. L. 112–40, title II, §§ 201(b), (c), 222(a)(3), (b)(1), (c)(1), Oct. 21, 2011, 125 Stat. 403, 411.) Editorial Notes CODIFICATION Section 1893 of Pub. L. 111–5, which provided for Feb. 13, 2011, termination of section, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and this section, as added by Pub. L. 111–5, as amended by Pub. L. 111–344, and as in effect on Feb. 12, 2011, was re- vived, effective Oct. 21, 2011, by Pub. L. 112–40, § 201(b), (c). See 2010 and 2011 Amendment and Effective and Termination Dates notes below. Section was formerly classified to section 2372 of this title prior to renumbering by Pub. L. 112–40. PRIOR PROVISIONS A prior section 2371, Pub. L. 93–618, title II, § 271, as added Pub. L. 111–5, div. B, title I, § 1872(a), Feb. 17, 2009, 123 Stat. 401, and Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403, which defined terms, was re- pealed by Pub. L. 112–40, title II, § 222(a)(1), Oct. 21, 2011, 125 Stat. 411. Another prior section 2371, Pub. L. 93–618, title II, § 271, Jan. 3, 1975, 88 Stat. 2035, related to petitions and determinations and terminated Sept. 30, 1982, pursuant to section 285 of Pub. L. 93–618, set out as a Termi- nation Date note preceding section 2271 of this title, prior to the general amendment of this part by Pub. L. 111–5. AMENDMENTS 2011—Subsec. (c)(4)(A)(ii) to (v). Pub. L. 112–40, § 222(c)(1)(A)(i)(I), substituted ‘‘; and’’ for semicolon at end of cl. (ii), redesignated cl. (v) as (iii), and struck out former cls. (iii) and (iv) which read as follows: ‘‘(iii) the extent to which the project for which the grant proposal is submitted fits within any overall strategic plan developed by an eligible community under section 2371e of this title; ‘‘(iv) the extent to which the project for which the grant proposal is submitted relates to any project fund- ed by a Sector Partnership Grant awarded under sec- tion 2373 of this title; and’’. See Codification note above. Subsec. (c)(4)(B). Pub. L. 112–40, § 222(c)(1)(A)(i)(II), substituted ‘‘(A)(iii)’’ for ‘‘(A)(v)’’. See Codification note above. Subsec. (c)(5)(A)(i). Pub. L. 112–40, § 222(c)(1)(A)(ii)(I)(aa), struck out ‘‘, and other entities described in section 2371e(a)(2)(B) of this title’’ after ‘‘employers’’ in introductory provisions. See Codifica- tion note above. Subsec. (c)(5)(A)(i)(II). Pub. L. 112–40, § 222(c)(1)(A)(ii)(I)(bb), substituted ‘‘; and’’ for semi- colon at end. See Codification note above. Subsec. (c)(5)(A)(iii). Pub. L. 112–40, § 222(c)(1)(A)(ii)(II), struck out cl. (iii) which read as fol- lows: ‘‘reached out to any eligible partnership in the community that has sought or received a Sector Part- nership Grant under section 2373 of this title to en- hance the effectiveness of each grant and avoid duplica- tion of efforts; and’’. See Codification note above. Subsec. (d)(2), (3). Pub. L. 112–40, § 222(c)(1)(B), redes- ignated par. (3) as (2) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: ‘‘In awarding grants under this section, the Secretary shall give priority to an eligible institution that serves a community that the Secretary of Commerce has deter- mined under section 2371b of this title is eligible to apply for assistance under subpart A within the 5-year period preceding the date on which the grant proposal is submitted to the Secretary under this section.’’ See Codification note above. Subsec. (e). Pub. L. 112–40, § 222(b)(1)(A), substituted ‘‘December 15, 2009,’’ for ‘‘December 15 in each of the calendar years 2009 through’’ in introductory provi- sions. See Codification note above. Subsec. (e)(3). Pub. L. 112–40, § 222(b)(1)(B)–(D), added par. (3). See Codification note above. 2010—Subsec. (e). Pub. L. 111–344 substituted ‘‘and an- nually thereafter’’ for ‘‘2011’’ in introductory provi- sions. See Codification note above. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 112–40, title II, § 222(b)(2), Oct. 21, 2011, 125 Stat. 411, provided that: ‘‘The amendments made by paragraph (1) [amending this section] shall— Page 644 TITLE 19—CUSTOMS DUTIES §§ 2371a to 2371f 1 See References in Text note below. ‘‘(A) take effect on October 1, 2011; and ‘‘(B) apply with respect to reports submitted under subsection (e) of section 271 of the Trade Act of 1974 [19 U.S.C. 2371(e)], as redesignated by subsection (a)(3), on or after October 1, 2012.’’ EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–344 effective Jan. 1, 2011, see section 101(d) of Pub. L. 111–344, set out as a note preceding section 2271 of this title. EFFECTIVE AND TERMINATION DATES For revival and applicability of section, as in effect on Feb. 12, 2011, see section 201(b), (c) of Pub. L. 112–40, set out as an Effective and Termination Dates of 2011 Revival note preceding section 2271 of this title. Except as otherwise provided and subject to certain applicability provisions, section effective upon the ex- piration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as an Effective and Termination Dates of 2009 Amendment note under section 2271 of this title. Section 1893 of Pub. L. 111–5, which provided that, ex- cept as otherwise provided, this section and the general amendment of this part not applicable on or after Feb. 13, 2011, and that this part be applied and administered beginning Feb. 13, 2011, as if this section and the gen- eral amendment of this part had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403. See Codification note above. PURPOSE Pub. L. 111–5, div. B, title I, § 1871, Feb. 17, 2009, 123 Stat. 401, provided that: ‘‘The purpose of the amend- ments made by this part [part III (§§ 1871–1873) of sub- title I of title I of div. B of Pub. L. 111–5, enacting this part and amending section 2395 of this title and section 1581 of Title 28, Judiciary and Judicial Procedure] is to assist communities impacted by trade with economic adjustment through the coordination of Federal, State, and local resources, the creation of community-based development strategies, and the development and pro- vision of programs that meet the training needs of workers covered by certifications under section 223 [probably means section 223 of Pub. L. 93–618, which is classified to section 2273 of this title].’’ §§ 2371a to 2371f. Repealed. Pub. L. 112–40, title II, § 222(a)(1), Oct. 21, 2011, 125 Stat. 411 Section 2371a, Pub. L. 93–618, title II, § 272, as added Pub. L. 111–5, div. B, title I, § 1872(a), Feb. 17, 2009, 123 Stat. 401, and Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403, related to establishment of trade ad- justment assistance for communities program. Section 2371b, Pub. L. 93–618, title II, § 273, as added Pub. L. 111–5, div. B, title I, § 1872(a), Feb. 17, 2009, 123 Stat. 401, and Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403, related to eligibility for assistance and required notifications. Section 2371c, Pub. L. 93–618, title II, § 274, as added Pub. L. 111–5, div. B, title I, § 1872(a), Feb. 17, 2009, 123 Stat. 403, and Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403, related to technical assistance to eli- gible communities. Section 2371d, Pub. L. 93–618, title II, § 275, as added Pub. L. 111–5, div. B, title I, § 1872(a), Feb. 17, 2009, 123 Stat. 403; amended Pub. L. 111–344, title I, § 101(c)(5), Dec. 29, 2010, 124 Stat. 3613; as added Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403, related to grants for eligible communities. Section 2371e, Pub. L. 93–618, title II, § 276, as added Pub. L. 111–5, div. B, title I, § 1872(a), Feb. 17, 2009, 123 Stat. 404; amended Pub. L. 111–344, title I, § 101(c)(6), Dec. 29, 2010, 124 Stat. 3613; as added Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403, related to strategic plans. Section 2371f, Pub. L. 93–618, title II, § 277, as added Pub. L. 111–5, div. B, title I, § 1872(a), Feb. 17, 2009, 123 Stat. 405; amended Pub. L. 111–344, title I, § 101(c)(7), Dec. 29, 2010, 124 Stat. 3613; as added Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403, provided for regulations, personnel, and appropriations to carry out former subpart A. § 2372. Authorization of appropriations (a) Authorization of appropriations There are authorized to be appropriated to the Secretary of Labor $40,000,000 for each of the fis- cal years 2009 and 2010, and $10,000,000 for the pe- riod beginning October 1, 2010, and ending De- cember 31, 2010, to fund the Community College and Career Training Grant Program. Funds ap- propriated pursuant to this section shall remain available until expended. (b) Additional funds; minimum allocation to States There are appropriated $500,000,000 for each of fiscal years 2011, 2012, 2013, and 2014 to carry out this subpart,1 except that the limitations con- tained in section 2371(a)(2) of this title shall not apply to such funds and each State shall receive not less than 0.5 percent of the amount appro- priated pursuant to this subsection for each such fiscal year. (Pub. L. 93–618, title II, § 272, formerly § 279, as added Pub. L. 111–5, div. B, title I, § 1872(a), Feb. 17, 2009, 123 Stat. 409; amended Pub. L. 111–152, title I, § 1501, Mar. 30, 2010, 124 Stat. 1070; as added, renumbered § 272, and amended Pub. L. 112–40, title II, §§ 201(b), (c), 222(a)(3), (c)(2), Oct. 21, 2011, 125 Stat. 403, 411, 412.) Editorial Notes REFERENCES IN TEXT This subpart, referred to in subsec. (b), means former subpart B (§§ 2372, 2372a) of this part. Subpart B was re- designated as this part, and remaining subparts A, C, and D were struck out, by Pub. L. 112–40, title II, § 222(a)(1), (2), Oct. 21, 2011, 125 Stat. 411. CODIFICATION Section 1893 of Pub. L. 111–5, which provided for Feb. 13, 2011, termination of section, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and this section, as added by Pub. L. 111–5, as amended by Pub. L. 111–152, and as in effect on Feb. 12, 2011, was re- vived, effective Oct. 21, 2011, by Pub. L. 112–40, § 201(b), (c). See 2010 and 2011 Amendment and Effective and Termination Dates notes below. Section was formerly classified to section 2372a of this title prior to renumbering by Pub. L. 112–40. PRIOR PROVISIONS A prior section 2372 was transferred to section 2371 of this title. Another prior section 2372, Pub. L. 93–618, title II, § 272, Jan. 3, 1975, 88 Stat. 2036, related to Trade Im- pacted Area Councils for Adjustment Assistance and terminated Sept. 30, 1982, pursuant to section 285 of Pub. L. 93–618, set out as a Termination Date note pre- ceding section 2271 of this title, prior to the general amendment of this part by Pub. L. 111–5. AMENDMENTS 2011—Subsec. (b). Pub. L. 112–40, § 222(c)(2), sub- stituted ‘‘2371(a)(2)’’ for ‘‘2372(a)(2)’’. See Codification note above. 2010—Subsec. (b). Pub. L. 111–152 struck out heading which read ‘‘Supplement not supplant’’ and in text sub-