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United States Code (Last Updated: May 24, 2014) |
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Title 19. CUSTOMS DUTIES |
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Chapter 12. TRADE ACT OF 1974 |
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SubChapter II. RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION |
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Part 2. Adjustment Assistance for Workers |
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Division II. Training, Other Employment Services, and Allowances |
§ 2297. Job search allowances
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(a) Job search allowance authorized (1) In general 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 covered by a certification issued under subpart A of this part to file an application with the Secretary for payment of a job search allowance.
(2) Approval of applications The Secretary may grant an allowance pursuant 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 adversely 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 training. (b) Amount of allowance (1) In general Any allowance granted under subsection (a) of this section shall provide reimbursement to the worker of not more than 90 percent of the necessary job search expenses of the worker as prescribed by the Secretary in regulations.
(2) Maximum allowance Reimbursement under this subsection may not exceed $1,250 for any worker.
(3) Allowance for subsistence and transportation Reimbursement under this subsection may not be made for subsistence and transportation expenses at levels exceeding those allowable under section 2296(b) (1) and (2) of this title.
(c) Exception Notwithstanding subsection (b) of this section, a State may reimburse any adversely affected worker for necessary expenses incurred by the worker in participating in a job search program approved by the Secretary.
Prospective Amendment
For reversion, beginning on
Codification
Section 1893 of Pub. L. 111–5, which provided for
Amendments
2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on
Subsec. (a)(1). Pub. L. 112–40, §§ 214(d)(1), 233, temporarily 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, temporarily 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 Termination Dates of 2011 Revival note below.
Subsec. (b)(2). Pub. L. 112–40, §§ 214(d)(2)(B), 233, temporarily substituted “$1,250” for “$1,500”. See Codification note above and Effective and Termination Dates of 2011 Revival note below.
Subsec. (c). Pub. L. 112–40, §§ 214(d)(3), 233, temporarily 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 received a waiver under section 2291(c) of this title” before 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, temporarily substituted “all” for “90 percent of the cost of”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Subsec. (b)(2). Pub. L. 111–5, §§ 1833(a)(2)(B), 1893, temporarily substituted “$1,500” for “$1,250”. See Codification 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 provisions 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 reasonable period of time and inserting provision relating to 365 days after certification.
Miscellaneous
For temporary revival and applicability of provisions as in effect on
Effective Date Of 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 beginning on
Section 1893 of Pub. L. 111–5, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 not applicable on or after
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
Amendment by Pub. L. 97–35 effective for determinations made or filed after
Termination Date
No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this section after