19 USC CHAPTER 12, SUBCHAPTER II, Part 2, subpart c: general provisions

From Title 19—CUSTOMS DUTIESCHAPTER 12—TRADE ACT OF 1974SUBCHAPTER II—RELIEF FROM INJURY CAUSED BY IMPORT COMPETITIONPart 2—Adjustment Assistance for Workers

subpart c—general provisions

§2311. Agreements with States

(a) Authority of Secretary to enter into agreements

The Secretary is authorized on behalf of the United States to enter into an agreement with any State, or with any State agency (referred to in this subpart as "cooperating States" and "cooperating States agencies" respectively). Under such an agreement, the cooperating State agency (1) as agent of the United States, shall receive applications for, and shall provide, payments on the basis provided in this part, (2) in accordance with subsection (f), shall make available to adversely affected workers and adversely affected incumbent workers covered by a certification under subpart A the employment and case management services described in section 2295 of this title, (3) shall make any certifications required under section 2291(c)(2) ¹ of this title, and (4) shall otherwise cooperate with the Secretary and with other State and Federal agencies in providing payments and services under this part.

(b) Amendment, suspension, and termination of agreements

Each agreement under this subpart shall provide the terms and conditions upon which the agreement may be amended, suspended, or terminated.

(c) Form and manner of data

Each agreement under this subpart shall—

(1) provide the Secretary with the authority to collect any data the Secretary determines necessary to meet the requirements of this part; and

(2) specify the form and manner in which any such data requested by the Secretary shall be reported.

(d) Unemployment insurance

Each agreement under this subpart shall provide that unemployment insurance otherwise payable to any adversely affected worker will not be denied or reduced for any week by reason of any right to payments under this part.

(e) Review

A determination by a cooperating State agency with respect to entitlement to program benefits under an agreement is subject to review in the same manner and to the same extent as determinations under the applicable State law and only in that manner and to that extent.

(f) Coordination of benefits and assistance

Any agreement entered into under this section shall provide for the coordination of the administration of the provisions for employment services, training, and supplemental assistance under sections 2295 and 2296 of this title and under title I of the Workforce Investment Act of 1998 [29 U.S.C. 2801 et seq.] upon such terms and conditions as are established by the Secretary in consultation with the States and set forth in such agreement. Any agency of the State jointly administering such provisions under such agreement shall be considered to be a cooperating State agency for purposes of this part.

(g) Advising and interviewing adversely affected workers

Each cooperating State agency shall, in carrying out subsection (a)(2) of this section—

(1) advise each worker who applies for unemployment insurance of the benefits under this part and the procedures and deadlines for applying for such benefits,

(2) facilitate the early filing of petitions under section 2271 of this title for any workers that the agency considers are likely to be eligible for benefits under this part,

(3) advise each adversely affected worker to apply for training under section 2296(a) of this title before, or at the same time, the worker applies for trade readjustment allowances under division I of subpart B of this part,

(4) perform outreach to, intake of, and orientation for adversely affected workers and adversely affected incumbent workers covered by a certification under subpart A with respect to assistance and benefits available under this part, and

(5) make employment and case management services described in section 2295 of this title available to adversely affected workers and adversely affected incumbent workers covered by a certification under subpart A and, if funds provided to carry out this part are insufficient to make such services available, make arrangements to make such services available through other Federal programs.

(h) Submission of information for coordination of workforce investment activities

In order to promote the coordination of workforce investment activities in each State with activities carried out under this part, any agreement entered into under this section shall provide that the State shall submit to the Secretary, in such form as the Secretary may require, the description and information described in paragraphs (8) and (14) of section 112(b) of the Workforce Investment Act of 1998 (29 U.S.C. 2822(b)) and a description of the State's rapid response activities under section 2271(a)(2)(A) of this title.

(i) Control measures

(1) In general

The Secretary shall require each cooperating State and cooperating State agency to implement effective control measures and to effectively oversee the operation and administration of the trade adjustment assistance program under this part, including by means of monitoring the operation of control measures to improve the accuracy and timeliness of the data being collected and reported.

(2) Definition

For purposes of paragraph (1), the term "control measures" means measures that—

(A) are internal to a system used by a State to collect data; and

(B) are designed to ensure the accuracy and verifiability of such data.

(j) Data reporting

(1) In general

Any agreement entered into under this section shall require the cooperating State or cooperating State agency to report to the Secretary on a quarterly basis comprehensive performance accountability data, to consist of—

(A) the core indicators of performance described in paragraph (2)(A);

(B) the additional indicators of performance described in paragraph (2)(B), if any; and

(2) Core indicators described

(A) In general

The core indicators of performance described in this paragraph are—

(i) the percentage of workers receiving benefits under this part who are employed during the second calendar quarter following the calendar quarter in which the workers cease receiving such benefits;

(ii) the percentage of such workers who are employed in each of the third and fourth calendar quarters following the calendar quarter in which the workers cease receiving such benefits; and

(iii) the earnings of such workers in each of the third and fourth calendar quarters following the calendar quarter in which the workers cease receiving such benefits.

(B) Additional indicators

The Secretary and a cooperating State or cooperating State agency may agree upon additional indicators of performance for the trade adjustment assistance program under this part, as appropriate.

(3) Standards with respect to reliability of data

In preparing the quarterly report required by paragraph (1), each cooperating State or cooperating State agency shall establish procedures that are consistent with guidelines to be issued by the Secretary to ensure that the data reported are valid and reliable.

(k) Verification of eligibility for program benefits

(1) In general

An agreement under this subpart shall provide that the State shall periodically redetermine that a worker receiving benefits under this subpart who is not a citizen or national of the United States remains in a satisfactory immigration status. Once satisfactory immigration status has been initially verified through the immigration status verification system described in section 1320b–7(d) of title 42 for purposes of establishing a worker's eligibility for unemployment compensation, the State shall reverify the worker's immigration status if the documentation provided during initial verification will expire during the period in which that worker is potentially eligible to receive benefits under this subpart. The State shall conduct such redetermination in a timely manner, utilizing the immigration status verification system described in section 1320b–7(d) of title 42.

(2) Procedures

The Secretary shall establish procedures to ensure the uniform application by the States of the requirements of this subsection.

(Pub. L. 93–618, title II, §239, Jan. 3, 1975, 88 Stat. 2024; Pub. L. 97–35, title XXV, §2513(d)(6), Aug. 13, 1981, 95 Stat. 889; Pub. L. 99–272, title XIII, §§13003(a)(3), 13004(c), Apr. 7, 1986, 100 Stat. 301, 303; Pub. L. 100–418, title I, §§1423(a)(4), 1424(d)(1)(B), (2), Aug. 23, 1988, 102 Stat. 1246, 1250; Pub. L. 105–220, title III, §321, Aug. 7, 1998, 112 Stat. 1087; Pub. L. 105–277, div. A, §101(f) [title VIII, §405(d)(14)(B), (f)(11)(B)], Oct. 21, 1998, 112 Stat. 2681–337, 2681-421, 2681-431; Pub. L. 111–5, div. B, title I, §§1852, 1853, Feb. 17, 2009, 123 Stat. 390, 392.)

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.

References in Text

Section 2291(c)(2) of this title, referred to in subsec. (a)(3), was subsequently amended, and no longer contains provisions relating to certifications.

The Workforce Investment Act of 1998, referred to in subsec. (f), is Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936. Title I of the Act is classified principally to chapter 30 (§2801 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 9201 of Title 20, Education, and Tables.

Codification

Section is comprised of subsecs. (a) to (k) of section 239 of Pub. L. 93–618. Another subsec. (e) of section 239 of Pub. L. 93–618 amended section 3302 of Title 26, Internal Revenue Code.

Amendment by section 1852(b)(1) of Pub. L. 111–5, which directed the temporary redesignation of subsecs. (c) through (g) of section 239 of Pub. L. 93–618 as subsecs. (d) through (h), respectively, was executed by redesignating subsecs. (c) to (g) set out in this section and not redesignating the subsec. (e) that amended section 3302 of Title 26, Internal Revenue Code, to reflect the probable intent of Congress.

Amendment by section 1424(d)(1)(B) of Pub. L. 100–418, which directed amendment of subsec. (e) of section 239 of Pub. L. 93–618, was executed to the subsec. (e) (now subsec. (f)) set out in this section and not the subsec. (e) that amended section 3302 of Title 26, Internal Revenue Code, to reflect the probable intent of Congress.

Amendments

2009—Subsec. (a)(1). Pub. L. 111–5, §§1852(a)(2), 1893, temporarily substituted "shall" for "will" in two places. See Effective and Termination Dates of 2009 Amendment note below.

Subsec. (a)(2). Pub. L. 111–5, §§1852(a)(1), 1893, temporarily amended cl. (2) generally. Prior to amendment, cl. (2) read as follows: "where appropriate, but in accordance with subsection (f) of this section, will afford adversely affected workers testing, counseling, referral to training and job search programs, and placement services,". See Effective and Termination Dates of 2009 Amendment note below.

Subsec. (a)(3), (4). Pub. L. 111–5, §§1852(a)(2), 1893, temporarily substituted "shall" for "will". See Effective and Termination Dates of 2009 Amendment note below.

Subsecs. (c) to (f). Pub. L. 111–5, §§1852(b), 1893, temporarily added subsec. (c) and redesignated former subsecs. (c) to (e) as (d) to (f), respectively. Former subsec. (f) temporarily redesignated (g). See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Subsec. (g). Pub. L. 111–5, §§1852(b)(1), 1893, temporarily redesignated subsec. (f) as (g). Former subsec. (g) temporarily redesignated (h). See Effective and Termination Dates of 2009 Amendment note below.

Subsec. (g)(3). Pub. L. 111–5, §§1852(c)(1), 1893, temporarily struck out "and" at end. See Effective and Termination Dates of 2009 Amendment note below.

Subsec. (g)(4). Pub. L. 111–5, §§1852(c)(2), 1893, temporarily amended par. (4) generally. Prior to amendment, par. (4) read as follows: "as soon as practicable, interview the adversely affected worker regarding suitable training opportunities available to the worker under section 2296 of this title and review such opportunities with the worker." See Effective and Termination Dates of 2009 Amendment note below.

Subsec. (g)(5). Pub. L. 111–5, §§1852(c)(3), 1893, temporarily added par. (5). See Effective and Termination Dates of 2009 Amendment note below.

Subsec. (h). Pub. L. 111–5, §§1852(b)(1), (d), 1893, temporarily redesignated subsec. (g) as (h) and substituted "1998 (29 U.S.C. 2822(b)) and a description of the State's rapid response activities under section 2271(a)(2)(A) of this title." for "1998." See Effective and Termination Dates of 2009 Amendment note below.

Subsecs. (i) to (k). Pub. L. 111–5, §§1852(e), 1853, 1893, temporarily added subsecs. (i) to (k). See Effective and Termination Dates of 2009 Amendment note below.

1998—Subsec. (e). Pub. L. 105–277, §101(f) [title VIII, §405(f)(11)(B)], struck out "title III of the Job Training Partnership Act or" before "title I of the".

Pub. L. 105–277, §101(f) [title VIII, §405(d)(14)(B)], substituted "under title III of the Job Training Partnership Act or title I of the Workforce Investment Act of 1998" for "under title III of the Job Training Partnership Act".

Subsec. (g). Pub. L. 105–220 added subsec. (g).

1988—Subsec. (a)(3). Pub. L. 100–418, §1423(a)(4), amended cl. (3) generally. Prior to amendment, cl. (3) read as follows: "will make determinations and approvals regarding job search programs under sections 2291(c) and 2297(c) of this title, and".

Subsec. (e). Pub. L. 100–418, §1424(d)(1)(B), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: "Agreements entered into under this section may be made with one or more State or local agencies including—

"(1) the employment service agency of such State,

"(2) any State agency carrying out title III of the Job Training Partnership Act [29 U.S.C. 1651 et seq.], or

"(3) any other State or local agency administering job training or related programs."

See Codification note above.

Subsec. (f). Pub. L. 100–418, §1424(d)(2), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: "Each cooperating State agency shall, in carrying out subsection (a)(2) of this section—

"(1) advise each adversely affected worker to apply for training under section 2296(a) of this title at the time the worker makes application for trade readjustment allowances (but failure of the worker to do so may not be treated as cause for denial of those allowances), and

"(2) within 60 days after application for training is made by the worker, interview the adversely affected worker regarding suitable training opportunities available to the worker under section 2296 of this title and review such opportunities with the worker."

1986—Subsec. (a). Pub. L. 99–272, §13004(c)(1), inserted "but in accordance with subsection (f) of this section," in cl. (2).

Pub. L. 99–272, §13003(a)(3), substituted "training and job search programs" for "training" in cl. (2), added cl. (3), and redesignated former cl. (3) as (4).

Subsecs. (e), (f). Pub. L. 99–272, §13004(c)(2), added subsecs. (e) and (f).

1981—Subsec. (a). Pub. L. 97–35 struck out provisions respecting persons applying for payments under this part.

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 1998 Amendment

Amendment by section 101(f) [title VIII, §405(d)(14)(B)] of Pub. L. 105–277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, §405(f)(11)(B)] 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 Organization and Employees.

Effective Date of 1988 Amendment

Amendment by section 1424(d)(1)(B), (2) of Pub. L. 100–418 effective Aug. 23, 1988, and amendment by section 1423(a)(4) of Pub. L. 100–418 effective on the date that is 90 days after Aug. 23, 1988, see section 1430(a), (f) of Pub. L. 100–418, set out as an Effective Date note under section 2397 of this title.

Effective Date of 1986 Amendment

Amendment by section 13003(a) of Pub. L. 99–272 applicable with respect to workers covered by petitions filed under section 2271 of this title on or after Apr. 7, 1986, and amendment by section 13004(c) of Pub. L. 99–272 effective on Apr. 7, 1986, see section 13009(a), (b) of Pub. L. 99–272, set out as a note under section 2291 of this title.

Effective Date of 1981 Amendment and Transition Provisions

Amendment by Pub. L. 97–35 effective Aug. 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.

¹ See References in Text note below.

§2312. Administration absent State agreement

(a) Promulgation of regulations; fair hearing

In any State where there is no agreement in force between a State or its agency under section 2311 of this title, the Secretary shall arrange under regulations prescribed by him for performance of all necessary functions under subpart B of this part, including provision for a fair hearing for any worker whose application for payments is denied.

(b) Review of final determination

A final determination under subsection (a) of this section with respect to entitlement to program benefits under subpart B of this part is subject to review by the courts in the same manner and to the same extent as is provided by section 405(g) of title 42.

(Pub. L. 93–618, title II, §240, Jan. 3, 1975, 88 Stat. 2025.)

Termination Date

§2313. Payments to States

(a) Certification to Secretary of the Treasury for payment to cooperating States

The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each cooperating State the sums necessary to enable such State as agent of the United States to make payments provided for by this part.

(b) Utilization or return of money

All money paid a State under this section shall be used solely for the purposes for which it is paid; and money so paid which is not used for such purposes shall be returned, at the time specified in the agreement under this subpart, to the Secretary of the Treasury.

(c) Surety bonds

Any agreement under this subpart may require any officer or employee of the State certifying payments or disbursing funds under the agreement or otherwise participating in the performance of the agreement, to give a surety bond to the United States in such amount as the Secretary may deem necessary, and may provide for the payment of the cost of such bond from funds for carrying out the purposes of this part.

(Pub. L. 93–618, title II, §241, Jan. 3, 1975, 88 Stat. 2025; Pub. L. 97–35, title XXV, §2513(b), Aug. 13, 1981, 95 Stat. 889.)

Amendments

1981—Subsec. (a). Pub. L. 97–35 struck out provisions relating to payment to the State by the Secretary of the Treasury from the Adjustment Assistance Trust Fund prior to audit or settlement by the General Accounting Office.

Subsec. (b). Pub. L. 97–35 struck out provisions relating to crediting money returned to the Secretary of the Treasury to the Adjustment Assistance Trust Fund.

Effective Date of 1981 Amendment and Transition Provisions

Amendment by Pub. L. 97–35 effective Aug. 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

§2314. Liabilities of certifying and disbursing officers

(a) Certifying officer

No person designated by the Secretary, or designated pursuant to an agreement under this subpart, as a certifying officer, shall, in the absence of gross negligence or intent to defraud the United States, be liable with respect to any payment certified by him under this part.

(b) Disbursing officer

No disbursing officer shall, in the absence of gross negligence or intent to defraud the United States, be liable with respect to any payment by him under this part if it was based upon a voucher signed by a certifying officer designated as provided in subsection (a) of this section.

(Pub. L. 93–618, title II, §242, Jan. 3, 1975, 88 Stat. 2026.)

Termination Date

§2315. Fraud and recovery of overpayments

(a) Repayment; deductions

(1) If a cooperating State agency, the Secretary, or a court of competent jurisdiction determines that any person has received any payment under this part to which the person was not entitled, including a payment referred to in subsection (b) of this section, such person shall be liable to repay such amount to the State agency or the Secretary, as the case may be, except that the State agency or the Secretary shall waive such repayment if such agency or the Secretary determines that—

(A) the payment was made without fault on the part of such individual, and

(B) requiring such repayment would cause a financial hardship for the individual (or the individual's household, if applicable) when taking into consideration the income and resources reasonably available to the individual (or household) and other ordinary living expenses of the individual (or household).

(2) Unless an overpayment is otherwise recovered, or waived under paragraph (1), the State agency or the Secretary shall recover the overpayment by deductions from any sums payable to such person under this part, under any Federal unemployment compensation law administered by the State agency or the Secretary, or under any other Federal law administered by the State agency or the Secretary which provides for the payment of assistance or an allowance with respect to unemployment, and, notwithstanding any other provision of State law or Federal law to the contrary, the Secretary may require the State agency to recover any overpayment under this part by deduction from any unemployment insurance payable to such person under the State law, except that no single deduction under this paragraph shall exceed 50 percent of the amount otherwise payable.

(b) False representation or nondisclosure of material fact

If a cooperating State agency, the Secretary, or a court of competent jurisdiction determines that an individual—

(1) knowingly has made, or caused another to make, a false statement or representation of a material fact, or

(2) knowingly has failed, or caused another to fail, to disclose a material fact,

and as a result of such false statement or representation, or of such nondisclosure, such individual has received any payment under this part to which the individual was not entitled, such individual shall, in addition to any other penalty provided by law, be ineligible for any further payments under this part.

(c) Notice of determination; fair hearing; finality

Except for overpayments determined by a court of competent jurisdiction, no repayment may be required, and no deduction may be made, under this section until a determination under subsection (a)(1) of this section by the State agency or the Secretary, as the case may be, has been made, notice of the determination and an opportunity for a fair hearing thereon has been given to the individual concerned, and the determination has become final.

(d) Recovered amount returned to Treasury

Any amount recovered under this section shall be returned to the Treasury of the United States.

(Pub. L. 93–618, title II, §243, Jan. 3, 1975, 88 Stat. 2026; Pub. L. 97–35, title XXV, §2509, Aug. 13, 1981, 95 Stat. 887; Pub. L. 111–5, div. B, title I, §1855, Feb. 17, 2009, 123 Stat. 394.)

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)(1). Pub. L. 111–5, §§1855(1), 1893, in introductory provisions, temporarily substituted "shall waive" for "may waive" and struck out ", in accordance with guidelines prescribed by the Secretary," before "that—". See Effective and Termination Dates of 2009 Amendment note below.

Subsec. (a)(1)(B). Pub. L. 111–5, §§1855(2), 1893, temporarily substituted "would cause a financial hardship for the individual (or the individual's household, if applicable) when taking into consideration the income and resources reasonably available to the individual (or household) and other ordinary living expenses of the individual (or household)" for "would be contrary to equity and good conscience". See Effective and Termination Dates of 2009 Amendment note below.

1981—Subsec. (a). Pub. L. 97–35 designated existing provisions as par. (1), revised provisions, made changes in nomenclature and, among other changes, inserted provisions respecting waiver, and added par. (2).

Subsec. (b). Pub. L. 97–35 substituted provisions relating to ineligibility for other payments for provisions relating to deposit, return, and credit of repayments.

Subsecs. (c), (d). Pub. L. 97–35 added subsecs. (c) and (d).

Effective and Termination Dates of 2009 Amendment

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 1981 Amendment and Transition Provisions

Amendment by Pub. L. 97–35 effective Aug. 13, 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

§2316. Penalties

Any person who—

(1) makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, for the purpose of obtaining or increasing for that person or for any other person any payment authorized to be furnished under this part or pursuant to an agreement under section 2311 of this title, or

(2) makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, when providing information to the Secretary during an investigation of a petition under section 2271 of this title,

shall be imprisoned for not more than one year, or fined under title 18, or both.

(Pub. L. 93–618, title II, §244, Jan. 3, 1975, 88 Stat. 2026; Pub. L. 111–5, div. B, title I, §1801(d), Feb. 17, 2009, 123 Stat. 369.)

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—Pub. L. 111–5, §§1801(d), 1893, temporarily amended section generally. Prior to amendment, text read as follows: "Whoever makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, for the purpose of obtaining or increasing for himself or for any other person any payment authorized to be furnished under this part or pursuant to an agreement under section 2311 of this title shall be fined not more than $1,000 or imprisoned for not more than one year, or both." See Effective and Termination Dates of 2009 Amendment note below.

Effective and Termination Dates of 2009 Amendment

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.

Termination Date

§2317. Authorization of appropriations

(a) In general

There are authorized to be appropriated to the Department of Labor, for the period beginning October 1, 2001, and ending February 12, 2011, such sums as may be necessary to carry out the purposes of this part.

(b) Period of expenditure

Funds obligated for any fiscal year to carry out activities under sections 2295 through 2298 of this title may be expended by each State receiving such funds during that fiscal year and the succeeding two fiscal years.

(Pub. L. 93–618, title II, §245, Jan. 3, 1975, 88 Stat. 2026; Pub. L. 97–35, title XXV, §2510, Aug. 13, 1981, 95 Stat. 888; Pub. L. 98–120, §2(a), Oct. 12, 1983, 97 Stat. 809; Pub. L. 99–272, title XIII, §13008(a), Apr. 7, 1986, 100 Stat. 305; Pub. L. 100–418, title I, §1426(b)(1), Aug. 23, 1988, 102 Stat. 1251; Pub. L. 103–66, title XIII, §13803(a)(2), Aug. 10, 1993, 107 Stat. 668; Pub. L. 103–182, title V, §504, Dec. 8, 1993, 107 Stat. 2151; Pub. L. 105–277, div. J, title I, §1012(a), Oct. 21, 1998, 112 Stat. 2681–900; Pub. L. 106–113, div. B, §1000(a)(5) [title VII, §702(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-319; Pub. L. 107–210, div. A, title I, §§111(a), 120, Aug. 6, 2002, 116 Stat. 936, 942; Pub. L. 109–280, title XIV, §1635(f)(3), Aug. 17, 2006, 120 Stat. 1171; Pub. L. 110–89, §1(a), Sept. 28, 2007, 121 Stat. 982; Pub. L. 111–5, div. B, title I, §1892(a), Feb. 17, 2009, 123 Stat. 421; Pub. L. 111–344, title I, §101(c)(2), Dec. 29, 2010, 124 Stat. 3613.)

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

2010—Subsec. (a). Pub. L. 111–344 substituted "February 12, 2011" for "December 31, 2010".

2009—Subsec. (a). Pub. L. 111–5, §§1892(a), 1893, temporarily substituted "December 31, 2010" for "December 31, 2007". See Effective and Termination Dates of 2009 Amendment note below.

2007—Subsec. (a). Pub. L. 110–89 substituted "December 31, 2007" for "September 30, 2007".

2006—Subsec. (a). Pub. L. 109–280 struck out ", other than subpart D" before period at end.

2002—Subsec. (a). Pub. L. 107–210, §111(a), substituted "October 1, 2001, and ending September 30, 2007," for "October 1, 1998, and ending September 30, 2001,".

Subsec. (b). Pub. L. 107–210, §120, amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: "There are authorized to be appropriated to the Department of Labor, for the period beginning October 1, 2001, and ending September 30, 2007, such sums as may be necessary to carry out the purposes of subpart D of this part."

Pub. L. 107–210, §111(a), substituted "October 1, 2001, and ending September 30, 2007," for "October 1, 1998, and ending September 30, 2001,".

1999—Subsecs. (a), (b). Pub. L. 106–113 substituted "September 30, 2001" for "June 30, 1999".

1998—Subsec. (a). Pub. L. 105–277, §1012(a)(1), substituted "for the period beginning October 1, 1998, and ending June 30, 1999," for "for each of the fiscal years 1993, 1994, 1995, 1996, 1997, and 1998,".

Subsec. (b). Pub. L. 105–277, §1012(a)(2), substituted "for the period beginning October 1, 1998, and ending June 30, 1999," for "for each of fiscal years 1994, 1995, 1996, 1997, and 1998,".

1993—Pub. L. 103–182 designated existing provisions as subsec. (a), inserted heading and ", other than subpart D" after "this part", and added subsec. (b).

Pub. L. 103–66 substituted "1993, 1994, 1995, 1996, 1997, and 1998" for "1988, 1989, 1990, 1991, 1992, and 1993".

1988—Pub. L. 100–418 substituted "1988, 1989, 1990, 1991, 1992, and 1993" for "1986, 1987, 1988, 1989, 1990, and 1991".

1986—Pub. L. 99–272 substituted "1986, 1987, 1988, 1989, 1990, and 1991" for "1982 through 1985".

1983—Pub. L. 98–120 substituted "each of the fiscal years 1982 through 1985" for "each of fiscal years 1982 and 1983".

1981—Pub. L. 97–35 substituted provisions relating to authorization of appropriations for fiscal years 1982 and 1983 for provisions relating to establishment of the Adjustment Assistance Trust Fund.

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 of 2009 Amendment

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, except that this section shall be applied and administered by substituting "February 12, 2012" for "December 31, 2007", 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 2007 Amendment

Pub. L. 110–89, §1(e), Sept. 28, 2007, 121 Stat. 982, provided that: "The amendments made by this section [amending this section and sections 2346 and 2401g of this title and provisions set out as a note preceding section 2271 of this title] shall be effective as of October 1, 2007."

Effective Date of 2006 Amendment

Amendment by Pub. L. 109–280 applicable with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after Aug. 17, 2006, see section 1641 of Pub. L. 109–280, set out as a note under section 58c 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 1999 Amendment

Pub. L. 106–113, div. B, §1000(a)(5) [title VII, §702(e)], Nov. 29, 1999, 113 Stat. 1536, 1501A-319, provided that: "The amendments made by this section [amending this section and sections 2331 and 2346 of this title and provisions set out as a note preceding section 2271 of this title] shall be effective as of July 1, 1999."

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States [Jan. 1, 1994], see section 506(a) of Pub. L. 103–182, set out as a note under section 2271 of this title.

Effective Date of 1986 Amendment

Parts 2 and 3 of this subchapter applicable as if the amendment of this section by Pub. L. 99–272 had taken effect Dec. 18, 1985, see section 13009(c) of Pub. L. 99–272, set out as a note under section 2291 of this title.

Effective Date of 1981 Amendment and Transition Provisions

Amendment by Pub. L. 97–35 effective Aug. 13, 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

§2318. Reemployment trade adjustment assistance program

(a) In general

(1) Establishment

The Secretary shall establish a reemployment trade adjustment assistance program that provides the benefits described in paragraph (2).

(2) Benefits

(A) Payments

A State shall use the funds provided to the State under section 2313 of this title to pay, for the eligibility period under subparagraph (A) or (B) of paragraph (4) (as the case may be), to a worker described in paragraph (3)(B), 50 percent of the difference between—

(i) the wages received by the worker at the time of separation; and

(ii) the wages received by the worker from reemployment.

(B) Health insurance

A worker described in paragraph (3)(B) participating in the program established under paragraph (1) is eligible to receive, for the eligibility period under subparagraph (A) or (B) of paragraph (4) (as the case may be), a credit for health insurance costs under section 35 of title 26.

(C) Training and other services

A worker described in paragraph (3)(B) participating in the program established under paragraph (1) is eligible to receive training approved under section 2296 of this title and employment and case management services under section 2295 of this title.

(3) Eligibility

(A) In general

A group of workers certified under subpart A as eligible for adjustment assistance under subpart A is eligible for benefits described in paragraph (2) under the program established under paragraph (1).

(B) Individual eligibility

A worker in a group of workers described in subparagraph (A) may elect to receive benefits described in paragraph (2) under the program established under paragraph (1) if the worker—

(i) is at least 50 years of age;

(ii) earns not more than $55,000 each year in wages from reemployment;

(iii)(I) is employed on a full-time basis as defined by the law of the State in which the worker is employed and is not enrolled in a training program approved under section 2296 of this title; or

(II) is employed at least 20 hours per week and is enrolled in a training program approved under section 2296 of this title; and

(iv) is not employed at the firm from which the worker was separated.

(4) Eligibility period for payments

(A) Worker who has not received trade readjustment allowance

In the case of a worker described in paragraph (3)(B) who has not received a trade readjustment allowance under division I of subpart B pursuant to the certification described in paragraph (3)(A), the worker may receive benefits described in paragraph (2) for a period not to exceed 2 years beginning on the earlier of—

(i) the date on which the worker exhausts all rights to unemployment insurance based on the separation of the worker from the adversely affected employment that is the basis of the certification; or

(ii) the date on which the worker obtains reemployment described in paragraph (3)(B).

(B) Worker who has received trade readjustment allowance

In the case of a worker described in paragraph (3)(B) who has received a trade readjustment allowance under division I of subpart B pursuant to the certification described in paragraph (3)(A), the worker may receive benefits described in paragraph (2) for a period of 104 weeks beginning on the date on which the worker obtains reemployment described in paragraph (3)(B), reduced by the total number of weeks for which the worker received such trade readjustment allowance.

(5) Total amount of payments

(A) In general

The payments described in paragraph (2)(A) made to a worker may not exceed—

(i) $12,000 per worker during the eligibility period under paragraph (4)(A); or

(ii) the amount described in subparagraph (B) per worker during the eligibility period under paragraph (4)(B).

(B) Amount described

The amount described in this subparagraph is the amount equal to the product of—

(i) $12,000, and

(ii) the ratio of—

(I) the total number of weeks in the eligibility period under paragraph (4)(B) with respect to the worker, to

(II) 104 weeks.

(6) Calculation of amount of payments for certain workers

(A) In general

In the case of a worker described in paragraph (3)(B)(iii)(II), paragraph (2)(A) shall be applied by substituting the percentage described in subparagraph (B) for "50 percent".

(B) Percentage described

The percentage described in this subparagraph is the percentage—

(i) equal to ½ of the ratio of—

(I) the number of weekly hours of employment of the worker referred to in paragraph (3)(B)(iii)(II), to

(II) the number of weekly hours of employment of the worker at the time of separation, but

(ii) in no case more than 50 percent.

(7) Limitation on other benefits

A worker described in paragraph (3)(B) may not receive a trade readjustment allowance under division I of subpart B pursuant to the certification described in paragraph (3)(A) during any week for which the worker receives a payment described in paragraph (2)(A).

(b) Termination

(1) In general

Except as provided in paragraph (2), no payments may be made by a State under the program established under subsection (a)(1) of this section after February 12, 2011.

(2) Exception

Notwithstanding paragraph (1), a worker receiving payments under the program established under subsection (a)(1) of this section on the termination date described in paragraph (1) shall continue to receive such payments if the worker meets the criteria described in subsection (a)(3) of this section.

(Pub. L. 93–618, title II, §246, as added Pub. L. 107–210, div. A, title I, §124(a), Aug. 6, 2002, 116 Stat. 944; amended Pub. L. 108–429, title II, §2004(a)(7), Dec. 3, 2004, 118 Stat. 2590; Pub. L. 111–5, div. B, title I, §1841(a), (b), Feb. 17, 2009, 123 Stat. 386, 389; Pub. L. 111–344, title I, §101(c)(3), Dec. 29, 2010, 124 Stat. 3613.)

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.

Prior Provisions

A prior section 2318, Pub. L. 93–618, title II, §246, as added Pub. L. 100–418, title I, §1423(d)(1), Aug. 23, 1988, 102 Stat. 1246; amended Pub. L. 101–382, title I, §136, Aug. 20, 1990, 104 Stat. 652, related to supplemental wage allowance demonstration projects, prior to repeal by Pub. L. 107–210, div. A, title I, §§124(a), 151, Aug. 6, 2002, 116 Stat. 944, 953, 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.

Another prior section 2318, Pub. L. 93–618, title II, §246, Jan. 3, 1975, 88 Stat. 2027, contained transition provisions for events taking place during specified periods prior to the effective date of this part, prior to repeal by Pub. L. 97–35, title XXV, §2513(c), Aug. 13, 1981, 95 Stat. 889.

Amendments

2010—Subsec. (b)(1). Pub. L. 111–344 substituted "February 12, 2011" for "December 31, 2010".

2009—Pub. L. 111–5, §§1841(a)(1), 1893, temporarily substituted "Reemployment trade adjustment assistance program" for "Demonstration project for alternative trade adjustment assistance for older workers" in section catchline. See Effective and Termination Dates of 2009 Amendment note below.

Subsec. (a)(1). Pub. L. 111–5, §§1841(a)(2)(A), 1893, temporarily substituted "The Secretary" for "Not later than 1 year after August 6, 2002, the Secretary" and "a reemployment trade adjustment assistance program" for "an alternative trade adjustment assistance program for older workers". See Effective and Termination Dates of 2009 Amendment note below.

Subsec. (a)(2)(A). Pub. L. 111–5, §§1841(a)(2)(B)(i)(I), 1893, temporarily substituted "for the eligibility period under subparagraph (A) or (B) of paragraph (4) (as the case may be)" for "for a period not to exceed 2 years" in introductory provisions. See Effective and Termination Dates of 2009 Amendment note below.

Subsec. (a)(2)(A)(i), (ii). Pub. L. 111–5, §§1841(a)(2)(B)(i)(II), 1893, temporarily added cls. (i) and (ii) and struck out former cls. (i) and (ii) which read as follows:

"(i) the wages received by the worker from reemployment; and

"(ii) the wages received by the worker at the time of separation."

See Effective and Termination Dates of 2009 Amendment note below.

Subsec. (a)(2)(B). Pub. L. 111–5, §§1841(a)(2)(B)(ii), 1893, temporarily substituted "for the eligibility period under subparagraph (A) or (B) of paragraph (4) (as the case may be)" for "for a period not to exceed 2 years" and struck out ", as added by section 201 of the Trade Act of 2002" before period. See Effective and Termination Dates of 2009 Amendment note below.

Subsec. (a)(2)(C). Pub. L. 111–5, §§1841(a)(2)(B)(iii), 1893, temporarily added subpar. (C). See Effective and Termination Dates of 2009 Amendment note below.

Subsec. (a)(3) to (7). Pub. L. 111–5, §§1841(a)(2)(C), 1893, temporarily added pars. (3) to (7) and struck out former pars. (3) to (5) which related to eligibility, total amount of payments, and limitation on other benefits, respectively. See Effective and Termination Dates of 2009 Amendment note below.

Subsec. (b)(1). Pub. L. 111–5, §§1841(b), 1893, temporarily substituted "December 31, 2010." for "the date that is 5 years after the date on which such program is implemented by the State." See Effective and Termination Dates of 2009 Amendment note below.

Subsec. (b)(2). Pub. L. 111–5, §§1841(a)(3), 1893, temporarily substituted "subsection (a)(3)" for "subsection (a)(3)(B)". See Effective and Termination Dates of 2009 Amendment note below.

2004—Subsec. (a)(3)(B)(iii). Pub. L. 108–429, §2004(a)(7)(A), struck out "and" after semicolon.

Subsec. (a)(5). Pub. L. 108–429, §2004(a)(7)(B), substituted "paragraph (2)(B)" for "section 2298(a)(2)(B) of this title".

Subsec. (b)(2). Pub. L. 108–429, §2004(a)(7)(C), substituted "if" for "provided that".

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 of 2009 Amendment

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, except that subsec. (b)(1) shall be applied and administered by substituting "February 12, 2012" for "the date that is 5 years" and all that follows through "State", 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

Section 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 an Effective Date of 2002 Amendment note preceding section 2271 of this title.

Termination Date

§2319. Definitions

For purposes of this part—

(1) The term "adversely affected employment" means employment in a firm, if workers of such firm are eligible to apply for adjustment assistance under this part.

(2) The term "adversely affected worker" means an individual who, because of lack of work in adversely affected employment, has been totally or partially separated from such employment.

(3) Subject to section 2272(d)(5) of this title, the term "firm" means—

(A) a firm, including an agricultural firm, service sector firm, or public agency; or

(B) an appropriate subdivision thereof.

(4) The term "average weekly wage" means one-thirteenth of the total wages paid to an individual in the high quarter. For purposes of this computation, the high quarter shall be that quarter in which the individual's total wages were highest among the first 4 of the last 5 completed calendar quarters immediately before the quarter in which occurs the week with respect to which the computation is made. Such week shall be the week in which total separation occurred, or, in cases where partial separation is claimed, an appropriate week, as defined in regulations prescribed by the Secretary.

(5) The term "average weekly hours" means the average hours worked by the individual (excluding overtime) in the employment from which he has been or claims to have been separated in the 52 weeks (excluding weeks during which the individual was sick or on vacation) preceding the week specified in the last sentence of paragraph (4).

(6) The term "partial separation" means, with respect to an individual who has not been totally separated, that he has had—

(A) his hours of work reduced to 80 percent or less of his average weekly hours in adversely affected employment, and

(B) his wages reduced to 80 percent or less of his average weekly wage in such adversely affected employment.

(7) The term "public agency" means a department or agency of a State or local government or of the Federal Government, or a subdivision thereof.

(8) The term "State" includes the District of Columbia and the Commonwealth of Puerto Rico; and the term "United States" when used in the geographical sense includes such Commonwealth.

(9) The term "State agency" means the agency of the State which administers the State law.

(10) The term "State law" means the unemployment insurance law of the State approved by the Secretary of Labor under section 3304 of title 26.

(11) The term "total separation" means the layoff or severance of an individual from employment with a firm in which adversely affected employment exists.

(12) The term "unemployment insurance" means the unemployment compensation payable to an individual under any State law or Federal unemployment compensation law, including chapter 85 of title 5 and the Railroad Unemployment Insurance Act [45 U.S.C. 351 et seq.]. The terms "regular compensation", "additional compensation", and "extended compensation" have the same respective meanings that are given them in section 205(2), (3), and (4) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).

(13) The term "week" means a week as defined in the applicable State law.

(14) The term "week of unemployment" means a week of total, part-total, or partial unemployment as determined under the applicable State law or Federal unemployment insurance law.

(15) The term "benefit period" means, with respect to an individual—

(A) the benefit year and any ensuing period, as determined under applicable State law, during which the individual is eligible for regular compensation, additional compensation, or extended compensation, or

(B) the equivalent to such a benefit year or ensuing period provided for under the applicable Federal unemployment insurance law.

(16) The term "on-the-job training" means training provided by an employer to an individual who is employed by the employer.

(17)(A) The term "job search program" means a job search workshop or job finding club.

(B) The term "job search workshop" means a short (1 to 3 days) seminar designed to provide participants with knowledge that will enable the participants to find jobs. Subjects are not limited to, but should include, labor market information, resume writing, interviewing techniques, and techniques for finding job openings.

(C) The term "job finding club" means a job search workshop which includes a period (1 to 2 weeks) of structured, supervised activity in which participants attempt to obtain jobs.

(18) The term "service sector firm" means a firm engaged in the business of supplying services.

(19) The term "adversely affected incumbent worker" means a worker who—

(A) is a member of a group of workers who have been certified as eligible to apply for adjustment assistance under subpart A;

(B) has not been totally or partially separated from adversely affected employment; and

(Pub. L. 93–618, title II, §247, Jan. 3, 1975, 88 Stat. 2028; Pub. L. 97–35, title XXV, §2511, Aug. 13, 1981, 95 Stat. 888; Pub. L. 99–272, title XIII, §§13004(b), 13005(b), Apr. 7, 1986, 100 Stat. 303; Pub. L. 111–5, div. B, title I, §§1801(a), 1830(a)(2), Feb. 17, 2009, 123 Stat. 367, 384.)

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.

References in Text

The Railroad Unemployment Insurance Act, referred to in par. (12), is act June 25, 1938, ch. 680, 52 Stat. 1094, which is classified principally to chapter 11 (§351 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see Tables.

Amendments

2009—Par. (1). Pub. L. 111–5, §§1801(a)(1), 1893, temporarily struck out "or appropriate subdivision of a firm" after "employment in a firm" and "or subdivision" after "workers of such firm". See Effective and Termination Dates of 2009 Amendment note below.

Par. (2). Pub. L. 111–5, §§1801(a)(2), 1893, temporarily substituted "employment, has been totally or partially separated from such employment." for "employment—

"(A) has been totally or partially separated from such employment, or

"(B) has been totally separated from employment with the firm in a subdivision of which such adversely affected employment exists."

See Effective and Termination Dates of 2009 Amendment note below.

Pars. (3), (7). Pub. L. 111–5, §§1801(a)(3), (4), 1893, temporarily added pars. (3) and (7). See Effective and Termination Dates of 2009 Amendment note below.

Par. (11). Pub. L. 111–5, §§1801(a)(5), 1893, temporarily struck out ", or in a subdivision of which," after "firm in which". See Effective and Termination Dates of 2009 Amendment note below.

Pars. (18), (19). Pub. L. 111–5, §§1801(a)(6), 1830(a)(2), 1893, temporarily added pars. (18) and (19). See Effective and Termination Dates of 2009 Amendment note below.

1986—Pars. (16), (17). Pub. L. 99–272 added pars. (16) and (17).

1981—Par. (3). Pub. L. 97–35, §2511(1), struck out par. (3) defining "average weekly manufacturing wage".

Par. (7). Pub. L. 97–35, §2511(1), struck out par. (7) defining "remuneration".

Par. (12). Pub. L. 97–35, §2511(2), revised par. (12) generally, inserting definitions of "regular compensation", "additional compensation", and "extended compensation".

Par. (14). Pub. L. 97–35, §2511(3), substituted provisions requiring determination under the applicable State law or Federal unemployment insurance law for provisions requiring computation applying percent of average weekly wage and time spent prior to separation.

Par. (15). Pub. L. 97–35, §2511(4), added par. (15).

Effective and Termination Dates of 2009 Amendment

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 1981 Amendment and Transition Provisions

Amendment by Pub. L. 97–35 applicable to allowances payable for weeks of unemployment which begin 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

§2320. Regulations

(a) In general

The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this part.

(b) Consultations

Not later than 90 days before issuing a regulation under subsection (a), the Secretary shall consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to the regulation.

(Pub. L. 93–618, title II, §248, Jan. 3, 1975, 88 Stat. 2029; Pub. L. 111–5, div. B, title I, §1857, Feb. 17, 2009, 123 Stat. 395.)

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—Pub. L. 111–5, §§1857, 1893, temporarily designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). See Effective and Termination Dates of 2009 Amendment note below.

Effective and Termination Dates of 2009 Amendment

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.

Termination Date

§2321. Subpoena power

(a) Subpoena by Secretary

The Secretary may require by subpoena the attendance of witnesses and the production of evidence necessary for the Secretary to make a determination under the provisions of this part.

(b) Court order

If a person refuses to obey a subpoena issued under subsection (a) of this section, a United States district court within the jurisdiction of which the relevant proceeding under this part is conducted may, upon petition by the Secretary, issue an order requiring compliance with such subpoena.

(Pub. L. 93–618, title II, §249, Jan. 3, 1975, 88 Stat. 2029; Pub. L. 111–5, div. B, title I, §1858(c), Feb. 17, 2009, 123 Stat. 395.)

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—Pub. L. 111–5, §§1858(c)(1), (2), 1893, temporarily substituted "Subpoena" for "Subpena" in section catchline and "subpoena" for "subpena" wherever appearing in text. See Effective and Termination Dates of 2009 Amendment note below.

Subsec. (a). Pub. L. 111–5, §§1858(c)(3), 1893, temporarily substituted "the Secretary" for "him". See Effective and Termination Dates of 2009 Amendment note below.

Effective and Termination Dates of 2009 Amendment

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.

Termination Date

§2322. Office of Trade Adjustment Assistance

(a) Establishment

There is established in the Department of Labor an office to be known as the Office of Trade Adjustment Assistance (in this section referred to as the "Office").

(b) Head of Office

The head of the Office shall be an administrator, who shall report directly to the Deputy Assistant Secretary for Employment and Training.

(c) Principal functions

The principal functions of the administrator of the Office shall be—

(1) to oversee and implement the administration of trade adjustment assistance program under this part; and

(2) to carry out functions delegated to the Secretary of Labor under this part, including—

(A) making determinations under section 2273 of this title;

(B) providing information under section 2275 of this title about trade adjustment assistance to workers and assisting such workers to prepare petitions or applications for program benefits;

(C) providing assistance to employers of groups of workers that have filed petitions under section 2271 of this title in submitting information required by the Secretary relating to the petitions;

(D) ensuring workers covered by a certification of eligibility under subpart A receive the employment and case management services described in section 2295 of this title;

(E) ensuring that States fully comply with agreements entered into under section 2311 of this title;

(F) advocating for workers applying for benefits available under this part;

(G) establishing and overseeing a hotline that workers, employers, and other entities may call to obtain information regarding eligibility criteria, procedural requirements, and benefits available under this part; and

(H) carrying out such other duties with respect to this part as the Secretary specifies for purposes of this section.

(d) Administration

(1) Designation

The administrator shall designate an employee of the Department of Labor with appropriate experience and expertise to carry out the duties described in paragraph (2).

(2) Duties

The employee designated under paragraph (1) shall—

(A) receive complaints and requests for assistance related to the trade adjustment assistance program under this part;

(B) resolve such complaints and requests for assistance, in coordination with other employees of the Office;

(D) carry out such other duties with respect to this part as the Secretary specifies for purposes of this section.

(Pub. L. 93–618, title II, §249A, as added Pub. L. 111–5, div. B, title I, §1851(a), Feb. 17, 2009, 123 Stat. 389.)

Termination of Section

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

Prior Provisions

A prior section 2322, Pub. L. 93–618, title II, §249A, as added Pub. L. 103–182, title V, §503(c), Dec. 8, 1993, 107 Stat. 2151, prohibited assistance relating to a separation pursuant to certifications under subparts A and D of this part, prior to repeal by Pub. L. 107–210, div. A, title I, §123(b)(2), (c), Aug. 6, 2002, 116 Stat. 944, applicable with respect to petitions filed under this part on or after the date that was 90 days after Aug. 6, 2002, except with respect to certain workers.

Another prior section 2322, Pub. L. 93–618, title II, §250, Jan. 3, 1975, 88 Stat. 2029, provided for judicial review for workers or groups aggrieved by a final determination by the Secretary under section 2273 of this title, prior to repeal by Pub. L. 96–417, title VI, §612, title VII, §701(a), Oct. 10, 1980, 94 Stat. 1746, 1747, effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date. See section 2395 of this title.

Effective and Termination Dates

Except as otherwise provided and subject to certain applicability provisions, section 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 an Effective and Termination Dates of 2009 Amendment note under section 2271 of this title.

Except as otherwise provided, section not applicable on or after Feb. 13, 2011, and this section to be applied and administered beginning Feb. 13, 2011, as if this section 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.

§2323. Collection and publication of data and reports; information to workers

(a) In general

Not later than 180 days after February 17, 2009, the Secretary shall implement a system to collect and report the data described in subsection (b), as well as any other information that the Secretary considers appropriate to effectively carry out this part.

(b) Data to be included

The system required under subsection (a) shall include collection of and reporting on the following data for each fiscal year:

(1) Data on petitions filed, certified, and denied

(A) The number of petitions filed, certified, and denied under this part.

(B) The number of workers covered by petitions filed, certified, and denied.

(i) the basis for certification, including increased imports, shifts in production, and other bases of eligibility; and

(ii) congressional district of the United States.

(D) The average time for processing such petitions.

(2) Data on benefits received

(A) The number of workers receiving benefits under this part.

(B) The number of workers receiving each type of benefit, including training, trade readjustment allowances, employment and case management services, and relocation and job search allowances, and, to the extent feasible, credits for health insurance costs under section 35 of title 26.

(3) Data on training

(A) The number of workers enrolled in training approved under section 2296 of this title, classified by major types of training, including classroom training, training through distance learning, on-the-job training, and customized training.

(B) The number of workers enrolled in full-time training and part-time training.

(D) The number of training waivers granted under section 2291(c) of this title, classified by type of waiver.

(E) The number of workers who complete training and the duration of such training.

(F) The number of workers who do not complete training.

(4) Data on outcomes

(A) A summary of the quarterly reports required under section 2311(j) of this title.

(B) The sectors in which workers are employed after receiving benefits under this part.

(5) Data on rapid response activities

Whether rapid response activities were provided with respect to each petition filed under section 2271 of this title.

(c) Classification of data

To the extent possible, in collecting and reporting the data described in subsection (b), the Secretary shall classify the data by industry, State, and national totals.

(d) Report

Not later than December 15 of each year, 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 that includes—

(1) a summary of the information collected under this section for the preceding fiscal year;

(2) information on the distribution of funds to each State pursuant to section 2296(a)(2) of this title; and

(3) any recommendations of the Secretary with respect to changes in eligibility requirements, benefits, or training funding under this part based on the data collected under this section.

(e) Availability of data

(1) In general

The Secretary shall make available to the public, by publishing on the website of the Department of Labor and by other means, as appropriate—

(A) the report required under subsection (d);

(B) the data collected under this section, in a searchable format; and

(C) a list of cooperating States and cooperating State agencies that failed to submit the data required by this section to the Secretary in a timely manner.

(2) Updates

The Secretary shall update the data under paragraph (1) on a quarterly basis.

(Pub. L. 93–618, title II, §249B, as added Pub. L. 111–5, div. B, title I, §1854(a), Feb. 17, 2009, 123 Stat. 392.)

Termination of Section

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

Effective and Termination Dates

Pub. L. 111–5, div. B, title I, §1854(c), Feb. 17, 2009, 123 Stat. 394, provided that: "The amendments made by this section [enacting this section] shall take effect on the date of the enactment of this Act [Feb. 17, 2009]."