Page:United States Statutes at Large Volume 116 Part 2.djvu/161

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PUBLIC LAW 107-210—AUG. 6, 2002 116 STAT. 943 subsistence and transportation expenses at levels exceeding those allowable under section 236(b)(1) and (2). "(c) EXCEPTION.— Notwithstanding subsection (b), the Secretary shall reimburse any adversely affected worker for necessary expenses incurred by the worker in participating in a job search program approved by the Secretary.". SEC, 122. RELOCATION ALLOWANCES. Section 238 of the Trade Act of 1974 (19 U.S.C. 2298) is amended to read as follows: - SEC. 238. RELOCATION ALLOWANCES. "(a) RELOCATION ALLOWANCE AUTHORIZED.— "(1) IN GENERAL. — Any adversely affected worker covered by a certification issued under subchapter A of this chapter 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 employ- ment. "(E) APPLICATION.— The worker filed an application Deadlines, with the Secretary before— "(i) the later of— "(I) the 425th day after the date of the certification under subchapter A of this chapter; 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 231(c). "(b) AMOUNT OF ALLOWANCE.— The relocation allowance granted to a worker under subsection (a) 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 236(b)(1) and (2) 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 pa5niient of $1,250. "(c) LIMITATIONS.— ^A relocation allowance may not be granted to a worker unless— 99-1940-03-6:QL3 Part2