United States Code (Last Updated: May 24, 2014) |
Title 19. CUSTOMS DUTIES |
Chapter 12. TRADE ACT OF 1974 |
SubChapter II. RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION |
Part 2. Adjustment Assistance for Workers |
Division II. Training, Other Employment Services, and Allowances |
§ 2298. Relocation allowances
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(a) Relocation 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 for a relocation allowance with the Secretary, and the Secretary 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 adversely 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 employment at the time relocation commences.
(D) Suitable employment obtained The worker— (i) has obtained suitable employment affording 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 training. (b) Amount of allowance Any relocation allowance granted to a worker under subsection (a) of this section shall include— (1) not more than 90 percent of the reasonable and necessary expenses (including, but not limited to, subsistence and transportation expenses at levels not exceeding those allowable under section 2296(b)(1) and (2) of this title specified in regulations prescribed by the Secretary) incurred in transporting the worker, the worker’s family, and household effects; and (2) a lump sum equivalent to 3 times the worker’s average weekly wage, up to a maximum 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 relocation 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.
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(e)(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 “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 introductory provisions, temporarily substituted “Any” for “The” and “shall include” for “includes”. See Codification note above and Effective and Termination Dates of 2011 Revival note below.
Subsec. (b)(1). Pub. L. 112–40, §§ 214(e)(2)(B), 233, temporarily substituted “not more than 90 percent of the” for “all”. See Codification note above and Effective and Termination Dates of 2011 Revival note below.
Subsec. (b)(2). Pub. L. 112–40, §§ 214(e)(2)(C), 233, temporarily substituted “$1,250” for “$1,500”. See Codification note above and Effective and Termination Dates of 2011 Revival note below.
2009—Subsec. (a)(2)(E)(ii). Pub. L. 111–5, §§ 1833(b)(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(b)(2)(A), 1893, temporarily substituted “all” for “90 percent of the”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Subsec. (b)(2). Pub. L. 111–5, §§ 1833(b)(2)(B), 1893, temporarily substituted “$1,500” for “$1,250”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
2004—Subsec. (b)(1). Pub. L. 108–429 substituted “Secretary)” for “Secretary,”.
2002—Pub. L. 107–210 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (d) authorizing relocation allowances, specifying the conditions for granting them, and defining “relocation allowance”.
1984—Subsec. (d)(2). Pub. L. 98–369 substituted “$800” for “$600”.
1981—Subsec. (a). Pub. L. 97–35, § 2508(1), inserted provisions relating to time for filing application and struck out provisions respecting total separation.
Subsec. (b)(3). Pub. L. 97–35, § 2508(2), added par. (3).
Subsec. (c). Pub. L. 97–35, § 2508(3), substituted provisions respecting 182-day requirements for provisions respecting requirements involving entitlements for the week in which the application is filed and relocation occurring within a reasonable period of time.
Subsec. (d)(1). Pub. L. 97–35, § 2508(4)(A), increased percentage from 80 to 90 percent and inserted provision respecting allowable levels of subsistence and travel expenses.
Subsec. (d)(2). Pub. L. 97–35, § 2508(4)(B), increased maximum payment from $500 to $600.
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