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19 U.S.C. § 2298

Section 2298 · Relocation allowances

Current version, with additions and removals from the December 3, 2004 version.

Current — June 29, 2015
As of December 3, 2004
(a) Relocation allowance authorized
(a) Relocation allowance authorized

(1) In general

(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.
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

(2) Conditions for granting allowance

A relocation allowance may be granted if all of the following terms and conditions are met:

A relocation allowance may be granted if all of the following terms and conditions are met:

(A) Assist an adversely affected worker

(A) Assist an adversely affected worker

The relocation allowance will assist an adversely affected worker in relocating within the United States.

The relocation allowance will assist an adversely affected worker in relocating within the United States.

(B) Local employment not available

(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.

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

(C) Total separation

The worker is totally separated from employment at the time relocation commences.

The worker is totally separated from employment at the time relocation commences.

(D) Suitable employment obtained

(D) Suitable employment obtained

The worker—

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

(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.

(ii) has obtained a bona fide offer of such employment.

(E) Application

(E) Application

The worker filed an application with the Secretary before—

The worker filed an application with the Secretary before—

(i) the later of—

(i) the later of—

(I) the 425th day after the date of the certification under subpart A of this part; or

(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 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.
(ii) the date that is the 182d day after the date on which the worker concluded training.
(b) Amount of allowance
(b) Amount of allowance
The relocation allowance granted to a worker under subsection (a) of this section includes—
Any relocation allowance granted to a worker under subsection (a) shall include—
(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 specified in regulations prescribed by the Secretary) incurred in transporting the worker, the worker's family, and household effects; and
(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.

(2) a lump sum equivalent to 3 times the worker's average weekly wage, up to a maximum payment of $1,250.

(c) Limitations
(c) Limitations

A relocation allowance may not be granted to a worker unless—

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

(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.

(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.

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