19 U.S.C. § 2298
Section 2298 · Relocation allowances
Viewing 19 U.S.C. § 2298 as in effect on August 6, 2002. The text changed in 4 later editions (most recent June 29, 2015).
View current version →(1) In general
Any adversely affected worker covered by a certification issued under subpart A of this part may 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, unless the worker received a waiver under section 2291(c) of this title.
The relocation allowance granted to a worker under subsection (a) of this section includes—
(1) 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 1 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.
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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
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 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 part after Sept. 30, 2007, except as otherwise provided, see section 285 of Pub. L. 93–618, as amended, set out as a note preceding section 2271 of this title.