§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 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

An allowance granted under subsection (a) of this section shall provide reimbursement to the worker of all necessary job search expenses as prescribed by the Secretary in regulations.

(2) Maximum allowance

Reimbursement under this subsection may not exceed $1,500 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, 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 .)

Amendment of Section

For termination of amendment by section 1893 of Pub. L. 111–5, see Effective and Termination Dates of 2009 Amendment note below.

Amendments

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 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 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 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.

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 beginning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title.

Except as otherwise provided, amendment by Pub. L. 111–5 not applicable on or after Feb. 13, 2011, and this section to be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 had never been enacted, see section 1893 of Pub. L. 111–5, set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title.

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 section 2271 of this title.

Effective Date of 1981 Amendment and Transition Provisions

Amendment by Pub. L. 97–35 effective for determinations 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, allowances, or other payments or benefits may be provided under this section after Feb. 12, 2011, except as otherwise provided, see section 285 of Pub. L. 93–618, set out as a note preceding section 2271 of this title.