19-U.S.C.-2298
§2298 – Relocation Allowances
Pathway
Title 19 > Chapter 12 > Subchapter II > Part 2 > Division II > Section 2298
Details
- Reference: Section 2298
- Legend: §2298 – Relocation Allowances
- USCode Year: 2013
Provision Content
(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 workers 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 workers family, and household effects; and
(2) a lump sum equivalent to 3 times the workers 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.
(Pub. L. 93–618, title II, §238, Jan. 3, 1975, 88 Stat. 2024; Pub. L. 97–35, title XXV, §2508, Aug. 13, 1981, 95 Stat. 886; Pub. L. 98–369, div. B, title VI, §2672(b), July 18, 1984, 98 Stat. 1172; Pub. L. 107–210, div. A, title I, §122, Aug. 6, 2002, 116 Stat. 943; Pub. L. 108–429, title II, §2004(a)(6), Dec. 3, 2004, 118 Stat. 2590; Pub. L. 111–5, div. B, title I, §1833(b), Feb. 17, 2009, 123 Stat. 386; Pub. L. 112–40, title II, §§201(b), (c), 214(e), Oct. 21, 2011, 125 Stat. 403, 406.)
Reversion to Provisions in Effect on February 13, 2011
For reversion, beginning on Jan. 1, 2014, to provisions in effect on Feb. 13, 2011, with certain exceptions and subject to section 233(b) of Pub. L. 112–40, see Codification and Effective and Termination Dates of 2011 Revival notes below.
Codification
Section 1893 of Pub. L. 111–5, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 111–5, was repealed by Pub. L. 112–40, title II, §201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 111–5 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§201(b), (c), 233. See 2009 and 2011 Amendment notes, Effective and Termination Dates of 2009 Amendment notes, and Effective and Termination Dates of 2011 Revival note below.
Amendments
2011—Pub. L. 112–40, §§201(b), (c), 233, temporarily revived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 Amendment and Effective and Termination Dates of 2011 Revival notes below.
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.
Effective and Termination Dates of 2011 Revival
For temporary revival and applicability of provisions as in effect on Feb. 12, 2011, see sections 201(b), (c) and 233 of Pub. L. 112–40, set out as notes preceding section 2271 of this title. For reversion, beginning on Jan. 1, 2014, to provisions in effect on Feb. 13, 2011, with certain exceptions and subject to section 233(b) of Pub. L. 112–40, see section 233 of Pub. L. 112–40, set out as a note preceding section 2271 of this title.
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.
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 Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 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.
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 Dec. 31, 2013, except as otherwise provided, see section 285 of Pub. L. 93–618, set out as a note preceding section 2271 of this title.
U.S. Encyclopedia of Law Coverage
19-U.S.C.-2292 in the Legal Encyclopedia: Customs Duties
In this entry about 19-U.S.C.-2292, find legal reference material, bibliographies and premiere content related to customs duties in the American Encyclopedia of Law, presenting a comprehensive view of the United States customs duties-specific issues, written by authorities in the field.
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