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Trade Adjustment Assistance for Communities and General Provisions on TAA
NOTE: The text as shown here is as codified at the start of the 112th Congress (2011-2012). See the links below for changes to the law that took effect after that date as well as others enacted during the 112th Congress.

The TAA program was originally enacted as part of the Trade Exaonsion Act of 1962, and has been extensively modified by subsequent amendments. The version shown here is as codified in Chapter 12 of Title 19 of the U.S. Code.
 

 

See also the 2009-2010 amendments that were generally due to sunset in 2011-2012 as well as further 2011 amendments.

 

There are parallel programs providing trade adjustment assistance for workers, firms, and farmers.

 

See also the CENTRAL guide to Labor and the Environment.

 

 

 

 

 


Part 4—Trade Adjustment Assistance for Communities

subpart a—trade adjustment assistance for communities

§2371. Definitions

In this subpart:

(1) Agricultural commodity producer

The term “agricultural commodity producer” has the meaning given that term in section 2401 of this title.

(2) Community

The term “community” means a city, county, or other political subdivision of a State or a consortium of political subdivisions of a State.

(3) Community impacted by trade

The term “community impacted by trade” means a community described in section 2371b(b)(2) of this title.

(4) Eligible community

The term “eligible community” means a community that the Secretary has determined under section 2371b(b)(1) of this title is eligible to apply for assistance under this subpart.

(5) Secretary

The term “Secretary” means the Secretary of Commerce.

 

§2371a. Establishment of trade adjustment assistance for communities program

Not later than August 1, 2009, the Secretary shall establish a trade adjustment assistance for communities program at the Department of Commerce under which the Secretary shall—

(1) provide technical assistance under section 2371c of this title to communities impacted by trade to facilitate the economic adjustment of those communities; and

(2) award grants to communities impacted by trade to carry out strategic plans developed under section 2371e of this title.

 

§2371b. Eligibility; notification

(a) Petition

(1) In general

A community may submit a petition to the Secretary for an affirmative determination under subsection (b)(1) that the community is eligible to apply for assistance under this subpart if—

(A) on or after August 1, 2009, one or more certifications described in subsection (b)(3) are made with respect to the community; and

(B) the community submits the petition not later than 180 days after the date of the most recent certification.

(2) Special rule with respect to certain communities

In the case of a community with respect to which one or more certifications described in subsection (b)(3) were made on or after January 1, 2007, and before August 1, 2009, the community may submit not later than February 1, 2010, a petition to the Secretary for an affirmative determination under subsection (b)(1).

(b) Affirmative determination

(1) In general

The Secretary shall make an affirmative determination that a community is eligible to apply for assistance under this subpart if the Secretary determines that the community is a community impacted by trade.

(2) Community impacted by trade

A community is a community impacted by trade if—

(A) one or more certifications described in paragraph (3) are made with respect to the community; and

(B) the Secretary determines that the community is significantly affected by the threat to, or the loss of, jobs associated with any such certification.

(3) Certification described

A certification described in this paragraph is a certification—

(A) by the Secretary of Labor that a group of workers in the community is eligible to apply for assistance under section 2273 of this title;

(B) by the Secretary of Commerce that a firm located in the community is eligible to apply for adjustment assistance under section 2341 of this title; or

(C) by the Secretary of Agriculture that a group of agricultural commodity producers in the community is eligible to apply for adjustment assistance under section 2401b of this title.

(c) Notifications

(1) Notification to the Governor

The Governor of a State shall be notified promptly—

(A) by the Secretary of Labor, upon making a determination that a group of workers in the State is eligible for assistance under section 2273 of this title;

(B) by the Secretary of Commerce, upon making a determination that a firm in the State is eligible for assistance under section 2341 of this title; and

(C) by the Secretary of Agriculture, upon making a determination that a group of agricultural commodity producers in the State is eligible for assistance under section 2401b of this title.

(2) Notification to community

Upon making an affirmative determination under subsection (b)(1) that a community is eligible to apply for assistance under this subpart, the Secretary shall promptly notify the community and the Governor of the State in which the community is located—

(A) of the affirmative determination;

(B) of the applicable provisions of this subpart; and

(C) of the means for obtaining assistance under this subpart and other appropriate economic assistance that may be available to the community.

 

§2371c. Technical assistance

(a) In general

The Secretary shall provide comprehensive technical assistance to an eligible community to assist the community to—

(1) diversify and strengthen the economy in the community;

(2) identify significant impediments to economic development that result from the impact of trade on the community; and

(3) develop a strategic plan under section 2371e of this title to address economic adjustment and workforce dislocation in the community, including unemployment among agricultural commodity producers.

(b) Coordination of Federal response

The Secretary shall coordinate the Federal response to an eligible community by—

(1) identifying Federal, State, and local resources that are available to assist the community in responding to economic distress; and

(2) assisting the community in accessing available Federal assistance and ensuring that such assistance is provided in a targeted, integrated manner.

(c) Interagency Community Assistance Working Group

(1) In general

The Secretary shall establish an interagency Community Assistance Working Group, to be chaired by the Secretary or the Secretary's designee, which shall assist the Secretary with the coordination of the Federal response pursuant to subsection (b).

(2) Membership

The Working Group shall consist of representatives of any Federal department or agency with responsibility for providing economic adjustment assistance, including the Department of Agriculture, the Department of Defense, the Department of Education, the Department of Labor, the Department of Housing and Urban Development, the Department of Health and Human Services, the Small Business Administration, the Department of the Treasury, and any other Federal, State, or regional public department or agency the Secretary determines to be appropriate.

 

§2371d. Grants for eligible communities

(a) In general

The Secretary may award a grant under this section to an eligible community to assist the community in carrying out any project or program that is included in a strategic plan developed by the community under section 2371e of this title.

(b) Application

(1) In general

An eligible community seeking to receive a grant under this section shall submit a grant application to the Secretary that contains—

(A) the strategic plan developed by the community under section 2371e(a)(1)(A) of this title and approved by the Secretary under section 2371e(a)(1)(B) of this title; and

(B) a description of the project or program included in the strategic plan with respect to which the community seeks the grant.

(2) Coordination among grant programs

If an entity in an eligible community is seeking or plans to seek a Community College and Career Training Grant under section 2372 of this title or a Sector Partnership Grant under section 2373 of this title while the eligible community is seeking a grant under this section, the eligible community shall include in the grant application a description of how the eligible community will integrate any projects or programs carried out using a grant under this section with any projects or programs that may be carried out using such other grants.

(c) Limitation

An eligible community may not be awarded more than $5,000,000 under this section.

(d) Cost-sharing

(1) Federal share

The Federal share of a project or program for which a grant is awarded under this section may not exceed 95 percent of the cost of such project or program.

(2) Community share

The Secretary shall require, as a condition of awarding a grant to an eligible community under this section, that the eligible community contribute not less than an amount equal to 5 percent of the amount of the grant toward the cost of the project or program for which the grant is awarded.

(e) Grants to small- and medium-sized communities

The Secretary shall give priority to grant applications submitted under this section by eligible communities that are small- and medium-sized communities.

(f) Annual report

Not later than December 15 in each of the calendar years 2009 through and annually thereafter, 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—

(1) describing each grant awarded under this section during the preceding fiscal year; and

(2) assessing the impact on the eligible community of each such grant awarded in a fiscal year before the fiscal year referred to in paragraph (1).

 

§2371e. Strategic plans

(a) In general

(1) Development

An eligible community that intends to apply for a grant under section 2371d of this title shall—

(A) develop a strategic plan for the community's economic adjustment to the impact of trade; and

(B) submit the plan to the Secretary for evaluation and approval.

(2) Involvement of private and public entities

(A) In general

To the extent practicable, an eligible community shall consult with entities described in subparagraph (B) in developing a strategic plan under paragraph (1).

(B) Entities described

Entities described in this subparagraph are public and private entities within the eligible community, including—

(i) local, county, or State government agencies serving the community;

(ii) firms, including small- and medium-sized firms, within the community;

(iii) local workforce investment boards established under section 2832 of title 29;

(iv) labor organizations, including State labor federations and labor-management initiatives, representing workers in the community; and

(v) educational institutions, local educational agencies, or other training providers serving the community.

(b) Contents

The strategic plan shall, at a minimum, contain the following:

(1) A description and analysis of the capacity of the eligible community to achieve economic adjustment to the impact of trade.

(2) An analysis of the economic development challenges and opportunities facing the community as well as the strengths and weaknesses of the economy of the community.

(3) An assessment of the commitment of the eligible community to the strategic plan over the long term and the participation and input of members of the community affected by economic dislocation.

(4) A description of the role and the participation of the entities described in subsection (a)(2)(B) in developing the strategic plan.

(5) A description of the projects to be undertaken by the eligible community under the strategic plan.

(6) A description of how the strategic plan and the projects to be undertaken by the eligible community will facilitate the community's economic adjustment.

(7) A description of the educational and training programs available to workers in the eligible community and the future employment needs of the community.

(8) An assessment of the cost of implementing the strategic plan, the timing of funding required by the eligible community to implement the strategic plan, and the method of financing to be used to implement the strategic plan.

(9) A strategy for continuing the economic adjustment of the eligible community after the completion of the projects described in paragraph (5).

(c) Grants to develop strategic plans

(1) In general

The Secretary, upon receipt of an application from an eligible community, may award a grant to the community to assist the community in developing a strategic plan under subsection (a)(1). A grant awarded under this paragraph shall not exceed 75 percent of the cost of developing the strategic plan.

(2) Funds to be used

Of the funds appropriated pursuant to section 2371f(c) of this title, the Secretary may make available, to provide grants to eligible communities under paragraph (1), not more than—

(A) $25,000,000 for fiscal year 2010; and

(B) $2,900,000 for the 6-week period beginning January 1, 2011, and ending February 12, 2011.

 

§2371f. General provisions

(a) Regulations

(1) In general

The Secretary shall prescribe such regulations as are necessary to carry out the provisions of this subpart, including—

(A) establishing specific guidelines for the submission and evaluation of strategic plans under section 2371e of this title;

(B) establishing specific guidelines for the submission and evaluation of grant applications under section 2371d of this title; and

(C) administering the grant programs established under sections 2371d and 2371e of this title.

(2) Consultations

The Secretary shall consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives not less than 90 days prior to promulgating any final rule or regulation pursuant to paragraph (1).

(b) Personnel

The Secretary shall designate such staff as may be necessary to carry out the responsibilities described in this subpart.

(c) Authorization of appropriations

(1) In general

There are authorized to be appropriated to the Secretary to carry out this subpart—

(A) $150,000,000 for fiscal year 2010; and

(B) $17,3000 for the 6-week period beginning January 1, 2011 and ending February 12, 2011.

(2) Availability

Amounts appropriated pursuant to this subpart—

(A) shall be available to provide adjustment assistance to communities that have been approved for assistance pursuant to this part on or before February 12, 2011; and

(B) shall otherwise remain available until expended.

(3) Supplement not supplant

Funds appropriated pursuant to this subpart shall be used to supplement and not supplant other Federal, State, and local public funds expended to provide economic development assistance for communities.

 

subpart b—community college and career training grant program

§2372. Community College and Career Training Grant Program

(a) Grants authorized

(1) In general

Beginning August 1, 2009, the Secretary may award Community College and Career Training Grants to eligible institutions for the purpose of developing, offering, or improving educational or career training programs for workers eligible for training under section 2296 of this title.

(2) Limitations

An eligible institution may not be awarded—

(A) more than one grant under this section; or

(B) a grant under this section in excess of $1,000,000.

(b) Definitions

In this section:

(1) Eligible institution

The term “eligible institution” means an institution of higher education (as defined in section 1002 of title 20), but only with respect to a program offered by the institution that can be completed in not more than 2 years.

(2) Secretary

The term “Secretary” means the Secretary of Labor.

(c) Grant proposals

(1) In general

An eligible institution seeking to receive a grant under this section shall submit a grant proposal to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

(2) Guidelines

Not later than June 1, 2009, the Secretary shall—

(A) promulgate guidelines for the submission of grant proposals under this section; and

(B) publish and maintain such guidelines on the website of the Department of Labor.

(3) Assistance

The Secretary shall offer assistance in preparing a grant proposal to any eligible institution that requests such assistance.

(4) General requirements for grant proposals

(A) In general

A grant proposal submitted to the Secretary under this section shall include a detailed description of—

(i) the specific project for which the grant proposal is submitted, including the manner in which the grant will be used to develop, offer, or improve an educational or career training program that is suited to workers eligible for training under section 2296 of this title;

(ii) the extent to which the project for which the grant proposal is submitted will meet the educational or career training needs of workers in the community served by the eligible institution who are eligible for training under section 2296 of this title;

(iii) the extent to which the project for which the grant proposal is submitted fits within any overall strategic plan developed by an eligible community under section 2371e of this title;

(iv) the extent to which the project for which the grant proposal is submitted relates to any project funded by a Sector Partnership Grant awarded under section 2373 of this title; and

(v) any previous experience of the eligible institution in providing educational or career training programs to workers eligible for training under section 2296 of this title.

(B) Absence of experience

The absence of any previous experience in providing educational or career training programs described in subparagraph (A)(v) shall not automatically disqualify an eligible institution from receiving a grant under this section.

(5) Community outreach required

In order to be considered by the Secretary, a grant proposal submitted by an eligible institution under this section shall—

(A) demonstrate that the eligible institution—

(i) reached out to employers, and other entities described in section 2371e(a)(2)(B) of this title to identify—

(I) any shortcomings in existing educational and career training opportunities available to workers in the community; and

(II) any future employment opportunities within the community and the educational and career training skills required for workers to meet the future employment demand;

(ii) reached out to other similarly situated institutions in an effort to benefit from any best practices that may be shared with respect to providing educational or career training programs to workers eligible for training under section 2296 of this title; and

(iii) reached out to any eligible partnership in the community that has sought or received a Sector Partnership Grant under section 2373 of this title to enhance the effectiveness of each grant and avoid duplication of efforts; and

(B) include a detailed description of—

(i) the extent and outcome of the outreach conducted under subparagraph (A);

(ii) the extent to which the project for which the grant proposal is submitted will contribute to meeting any shortcomings identified under subparagraph (A)(i)(I) or any educational or career training needs identified under subparagraph (A)(i)(II); and

(iii) the extent to which employers, including small- and medium-sized firms within the community, have demonstrated a commitment to employing workers who would benefit from the project for which the grant proposal is submitted.

(d) Criteria for award of grants

(1) In general

Subject to the appropriation of funds, the Secretary shall award a grant under this section based on—

(A) a determination of the merits of the grant proposal submitted by the eligible institution to develop, offer, or improve educational or career training programs to be made available to workers eligible for training under section 2296 of this title;

(B) an evaluation of the likely employment opportunities available to workers who complete an educational or career training program that the eligible institution proposes to develop, offer, or improve; and

(C) an evaluation of prior demand for training programs by workers eligible for training under section 2296 of this title in the community served by the eligible institution, as well as the availability and capacity of existing training programs to meet future demand for training programs.

(2) Priority for certain communities

In awarding grants under this section, the Secretary shall give priority to an eligible institution that serves a community that the Secretary of Commerce has determined under section 2371b of this title is eligible to apply for assistance under subpart A within the 5-year period preceding the date on which the grant proposal is submitted to the Secretary under this section.

(3) Matching requirements

A grant awarded under this section may not be used to satisfy any private matching requirement under any other provision of law.

(e) Annual report

Not later than December 15 in each of the calendar years 2009 through and annually thereafter,1 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—

(1) describing each grant awarded under this section during the preceding fiscal year; and

(2) assessing the impact of each award of a grant under this section in a fiscal year preceding the fiscal year referred to in paragraph (1) on workers receiving training under section 2296 of this title.

 

§2372a. Authorization of appropriations

(a) Authorization of appropriations

There are authorized to be appropriated to the Secretary of Labor $40,000,000 for each of the fiscal years 2009 and 2010, and $10,000,000 for the period beginning October 1, 2010, and ending December 31, 2010, to fund the Community College and Career Training Grant Program. Funds appropriated pursuant to this section shall remain available until expended.

(b) Additional funds; minimum allocation to States

There are appropriated $500,000,000 for each of fiscal years 2011, 2012, 2013, and 2014 to carry out this subpart, except that the limitations contained in section 2372(a)(2) of this title shall not apply to such funds and each State shall receive not less than 0.5 percent of the amount appropriated pursuant to this subsection for each such fiscal year.

 

subpart c—industry or sector partnership grant program for communities impacted by trade

§2373. Industry or Sector Partnership Grant program for communities impacted by trade

(a) Purpose

The purpose of this subpart is to facilitate efforts by industry or sector partnerships to strengthen and revitalize industries and create employment opportunities for workers in communities impacted by trade.

(b) Definitions

In this subpart:

(1) Community impacted by trade

The term “community impacted by trade” has the meaning given that term in section 2371 of this title.

(2) Dislocated worker

The term “dislocated worker” means a worker who has been totally or partially separated, or is threatened with total or partial separation, from employment in an industry or sector in a community impacted by trade.

(3) Eligible partnership

The term “eligible partnership” means a voluntary partnership composed of public and private persons, firms, or other entities within a community impacted by trade, that shall include representatives of—

(A) an industry or sector within the community, including an industry association;

(B) local, county, or State government;

(C) multiple firms in the industry or sector, including small- and medium-sized firms, within the community;

(D) local workforce investment boards established under section 2832 of title 29;

(E) labor organizations, including State labor federations and labor-management initiatives, representing workers in the community; and

(F) educational institutions, local educational agencies, or other training providers serving the community.

(4) Lead entity

The term “lead entity” means—

(A) an entity designated by the eligible partnership to be responsible for submitting a grant proposal under subsection (e) and serving as the eligible partnership's fiscal agent in expending any Sector Partnership Grant awarded under this section; or

(B) a State agency designated by the Governor of the State to carry out the responsibilities described in subparagraph (A).

(5) Secretary

The term “Secretary” means the Secretary of Labor.

(6) Targeted industry or sector

The term “targeted industry or sector” means the industry or sector represented by an eligible partnership.

(c) Sector Partnership Grants authorized

Beginning on August 1, 2009, and subject to the appropriation of funds, the Secretary shall award Sector Partnership Grants to eligible partnerships to assist the eligible partnerships in carrying out projects, over periods of not more than 3 years, to strengthen and revitalize industries and sectors and create employment opportunities for dislocated workers.

(d) Use of Sector Partnership grants

An eligible partnership may use a Sector Partnership Grant to carry out any project that the Secretary determines will further the purpose of this subpart, which may include—

(1) identifying the skill needs of the targeted industry or sector and any gaps in the available supply of skilled workers in the community impacted by trade, and developing strategies for filling the gaps, including by—

(A) developing systems to better link firms in the targeted industry or sector to available skilled workers;

(B) helping firms in the targeted industry or sector to obtain access to new sources of qualified job applicants;

(C) retraining dislocated and incumbent workers; or

(D) facilitating the training of new skilled workers by aligning the instruction provided by local suppliers of education and training services with the needs of the targeted industry or sector;

(2) analyzing the skills and education levels of dislocated and incumbent workers and developing training to address skill gaps that prevent such workers from obtaining jobs in the targeted industry or sector;

(3) helping firms, especially small- and medium-sized firms, in the targeted industry or sector increase their productivity and the productivity of their workers;

(4) helping such firms retain incumbent workers;

(5) developing learning consortia of small- and medium-sized firms in the targeted industry or sector with similar training needs to enable the firms to combine their purchases of training services, and thereby lower their training costs;

(6) providing information and outreach activities to firms in the targeted industry or sector regarding the activities of the eligible partnership and other local service suppliers that could assist the firms in meeting needs for skilled workers;

(7) seeking, applying, and disseminating best practices learned from similarly situated communities impacted by trade in the development and implementation of economic growth and revitalization strategies; and

(8) identifying additional public and private resources to support the activities described in this subsection, which may include the option to apply for a community grant under section 2371d of this title or a Community College and Career Training Grant under section 2372 of this title (subject to meeting any additional requirements of those sections).

(e) Grant proposals

(1) In general

The lead entity of an eligible partnership seeking to receive a Sector Partnership Grant under this section shall submit a grant proposal to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

(2) General requirements of grant proposals

A grant proposal submitted under paragraph (1) shall, at a minimum—

(A) identify the members of the eligible partnership;

(B) identify the targeted industry or sector for which the eligible partnership intends to carry out projects using the Sector Partnership Grant;

(C) describe the goals that the eligible partnership intends to achieve to promote the targeted industry or sector;

(D) describe the projects that the eligible partnership will undertake to achieve such goals;

(E) demonstrate that the eligible partnership has the organizational capacity to carry out the projects described in subparagraph (D);

(F) explain—

(i) whether—

(I) the community impacted by trade has sought or received a community grant under section 2371d of this title;

(II) an eligible institution in the community has sought or received a Community College and Career Training Grant under section 2372 of this title; or

(III) any other entity in the community has received funds pursuant to any other federally funded training project; and

(ii) how the eligible partnership will coordinate its use of a Sector Partnership Grant with the use of such other grants or funds in order to enhance the effectiveness of each grant and any such funds and avoid duplication of efforts; and

(G) include performance measures, developed based on the performance measures issued by the Secretary under subsection (g)(2), and a timeline for measuring progress toward achieving the goals described in subparagraph (C).

(f) Award of grants

(1) In general

Upon application by the lead entity of an eligible partnership, the Secretary may award a Sector Partnership Grant to the eligible partnership to assist the partnership in carrying out any of the projects in the grant proposal that the Secretary determines will further the purposes of this subpart.

(2) Limitations

An eligible partnership may not be awarded—

(A) more than one Sector Partnership Grant; or

(B) a total grant award under this subpart in excess of—

(i) except as provided in clause (ii), $2,500,000; or

(ii) in the case of an eligible partnership located within a community impacted by trade that is not served by an institution receiving a Community College and Career Training Grant under section 2372 of this title, $3,000,000.

(g) Administration by the Secretary

(1) Technical assistance and oversight

(A) In general

The Secretary shall provide technical assistance to, and oversight of, the lead entity of an eligible partnership in applying for and administering Sector Partnership Grants awarded under this section.

(B) Technical assistance

Technical assistance provided under subparagraph (A) shall include providing conferences and such other methods of collecting and disseminating information on best practices developed by eligible partnerships as the Secretary determines appropriate.

(C) Grants or contracts for technical assistance

The Secretary may award a grant or contract to one or more national or State organizations to provide technical assistance to foster the planning, formation, and implementation of eligible partnerships.

(2) Performance measures

The Secretary shall issue a range of performance measures, with quantifiable benchmarks, and methodologies that eligible partnerships may use to measure progress toward the goals described in subsection (e). In developing such measures, the Secretary shall consider the benefits of the eligible partnership and its activities for workers, firms, industries, and communities.

(h) Reports

(1) Progress report

Not later than 1 year after receiving a Sector Partnership Grant, and 3 years thereafter, the lead entity shall submit to the Secretary, on behalf of the eligible partnership, a report containing—

(A) a detailed description of the progress made toward achieving the goals described in subsection (e)(2)(C), using the performance measures required under subsection (e)(2)(G);

(B) a detailed evaluation of the impact of the grant award on workers and employers in the community impacted by trade; and

(C) a detailed description of all expenditures of funds awarded to the eligible partnership under the Sector Partnership Grant approved by the Secretary under this subpart.

(2) Annual report

Not later than December 15 in each of the calendar years 2009 through and annually thereafter,1 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—

(A) describing each Sector Partnership Grant awarded to an eligible partnership during the preceding fiscal year; and

(B) assessing the impact of each Sector Partnership Grant awarded in a fiscal year preceding the fiscal year referred to in subparagraph (A) on workers and employers in communities impacted by trade.

 

§2373a. Authorization of appropriations

(a) In general

(1) Authorization

There are authorized to be appropriated to the Secretary of Labor to carry out the Sector Partnership Grant program under section 2373 of this title—

(A) $40,000,000 for fiscal year 2010; and

(B) $4,600,000 for the 6-week period beginning January 1, 2011, and ending February 12, 2011.

(2) Availability of appropriations

Funds appropriated pursuant to this section shall remain available until expended.

(b) Supplement not supplant

Funds appropriated pursuant to this section shall be used to supplement and not supplant other Federal, State, and local public funds expended to support the economic development of local communities.

(c) Administrative costs

The Secretary may retain not more than 5 percent of the funds appropriated pursuant to this section for each fiscal year to administer the Sector Partnership Grant program under section 2373 of this title.

 

subpart d—general provisions

§2374. Rule of construction

Nothing in this part prevents a worker from receiving trade adjustment assistance under part 2 of this subchapter at the same time the worker is receiving assistance in any manner from—

(1) a community receiving a community grant under subpart A;

(2) an eligible institution receiving a Community College and Career Training Grant under subpart B; or

(3) an eligible partnership receiving a Sector Partnership Grant under subpart C.

 

Part 5—Miscellaneous Provisions

§2391. GAO study and report

(a) Adjustment assistance programs

The Comptroller General of the United States shall conduct a study of the adjustment assistance programs established under parts 2, 3, and 4 of this subchapter and shall report the results of such study to the Congress no later than January 31, 1980. Such report shall include an evaluation of—

(1) the effectiveness of such programs in aiding workers, firms, and communities to adjust to changed economic conditions resulting from changes in the patterns of international trade; and

(2) the coordination of the administration of such programs and other Government programs which provide unemployment compensation and relief to depressed areas.

(b) Assistance from Labor and Commerce Departments

In carrying out his responsibilities under this section, the Comptroller General shall, to the extent practical, avail himself of the assistance of the Departments of Labor and Commerce. The Secretaries of Labor and Commerce shall make available to the Comptroller General any assistance necessary for an effective evaluation of the adjustment assistance programs established under this subchapter.

 

§2392. Adjustment Assistance Coordinating Committee

There is established the Adjustment Assistance Coordinating Committee to consist of a Deputy United States Trade Representative as Chairman, and the officials charged with adjustment assistance responsibilities of the Departments of Labor and Commerce and the Small Business Administration. It shall be the function of the Committee to coordinate the adjustment assistance policies, studies, and programs of the various agencies involved and to promote the efficient and effective delivery of adjustment assistance benefits.

 

§2393. Trade monitoring and data collection

(a) Monitoring programs

The Secretary of Commerce and the Secretary of Labor shall establish and maintain a program to monitor imports of articles and services into the United States which will reflect changes in the volume of such imports, the relation of such imports to changes in domestic production and domestic supply of services, changes in employment within domestic industries producing articles or supplying services like or directly competitive with such imports, and the extent to which such changes in production, or supply of services, and employment are concentrated in specific geographic regions of the United States. A summary of the information gathered under this section shall be published regularly and provided to the Adjustment Assistance Coordinating Committee, the International Trade Commission, and to the Congress.

(b) Collection of data and reports on service sector

(1) Secretary of Labor

Not later than 90 days after February 17, 2009, the Secretary of Labor shall implement a system to collect data on adversely affected workers employed in the service sector that includes the number of workers by State and industry, and by the cause of the dislocation of each worker, as identified in the certification.

(2) Secretary of Commerce

Not later than 1 year after February 17, 2009, the Secretary of Commerce shall, in consultation with the Secretary of Labor, conduct a study and submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on ways to improve the timeliness and coverage of data on trade in services, including methods to identify increased imports due to the relocation of United States firms to foreign countries, and increased imports due to United States firms acquiring services from firms in foreign countries.

 

§2394. Firms relocating in foreign countries

Before moving productive facilities from the United States to a foreign country, every firm should—

(1) provide notice of the move to its employees who are likely to be totally or partially separated as a result of the move at least 60 days before the date of such move, and

(2) provide notice of the move to the Secretary of Labor and the Secretary of Commerce on the same day it notifies employees under paragraph (1).

(b) It is the sense of the Congress that every such firm should—

(1) apply for and use all adjustment assistance for which it is eligible under this subchapter,

(2) offer employment opportunities in the United States, if any exist, to its employees who are totally or partially separated workers as a result of the move, and

(3) assist in relocating employees to other locations in the United States where employment opportunities exist.

 

§2395. Judicial review

(a) Petition for review; time and place of filing

A worker, group of workers, certified or recognized union, or authorized representative of such worker or group aggrieved by a final determination of the Secretary of Labor under section 2273 of this title, a firm or its representative or any other interested domestic party aggrieved by a final determination of the Secretary of Commerce under section 2341 of this title, an agricultural commodity producer (as defined in section 2401(2) of this title) aggrieved by a determination of the Secretary of Agriculture under section 2401b or 2401e of this title, or a community or authorized representative of a community aggrieved by a final determination of the Secretary of Commerce under section 2371b of this title may, within sixty days after notice of such determination, commence a civil action in the United States Court of International Trade for review of such determination. The clerk of such court shall send a copy of the summons and the complaint in such action to the Secretary of Labor, the Secretary of Commerce, or the Secretary of Agriculture, as the case may be. Upon receiving a copy of such summons and complaint, such Secretary shall promptly certify and file in such court the record on which he based such determination.

(b) Findings of fact by Secretary; conclusiveness; new or modified findings

The findings of fact by the Secretary of Labor, the Secretary of Commerce, or the Secretary of Agriculture, as the case may be, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to such Secretary to take further evidence, and such Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.

(c) Determination; review by Supreme Court

The Court of International Trade shall have jurisdiction to affirm the action of the Secretary of Labor, the Secretary of Commerce, or the Secretary of Agriculture, as the case may be, or to set such action aside, in whole or in part. The judgment of the Court of International Trade shall be subject to review by the United States Court of Appeals for the Federal Circuit as prescribed by the rules of such court. The judgment of the Court of Appeals for the Federal Circuit shall be subject to review by the Supreme Court of the United States upon certiorari as provided in section 1256 1 of title 28.

 

§2396. Omitted

 

§2397. Omitted

 

§2397a. Sense of Congress

It is the sense of Congress that the Secretaries of Labor, Commerce, and Agriculture should apply the provisions of part 2 (relating to adjustment assistance for workers), part 3 (relating to adjustment assistance for firms), part 4 (relating to adjustment assistance for communities), and part 6 (relating to adjustment assistance for farmers), respectively, with the utmost regard for the interests of workers, firms, communities, and farmers petitioning for benefits under such parts.