Pub. L. 111-5, div. B, tit. I, subtit. I, pt. I, subpt. D, sec. 1841

REEMPLOYMENT TRADE ADJUSTMENT ASSISTANCE PROGRAM.

EnactedYear: 2009Length: 896 wordsOfficial source
SEC. 1841. REEMPLOYMENT TRADE ADJUSTMENT ASSISTANCE PROGRAM.(a) In General.—Section 246 of the Trade Act of 1974 (19 U.S.C. 2318) is amended—(1) by amending the heading to read as follows:123 STAT. 387 “SEC. 246. REEMPLOYMENT TRADE ADJUSTMENT ASSISTANCE PROGRAM.” ;(2) in subsection (a)—(A) in paragraph (1)—(i) by striking “Not later than” and all that follows through “2002, the Secretary” and inserting “The Secretary”; and(ii) by striking “an alternative trade adjustment assistance program for older workers” and inserting “a reemployment trade adjustment assistance program”;(B) in paragraph (2)—(i) in subparagraph (A)—(I) in the matter preceding clause (i), by striking “for a period not to exceed 2 years” and inserting “for the eligibility period under subparagraph (A) or (B) of paragraph (4) (as the case may be)”; and(II) by striking clauses (i) and (ii) and inserting the following:“(i) the wages received by the worker at the time of separation; and“(ii) the wages received by the worker from reemployment.”;(ii) in subparagraph (B)—(I) by striking “for a period not to exceed 2 years” and inserting “for the eligibility period under subparagraph (A) or (B) of paragraph (4) (as the case may be)”; and(II) by striking “, as added by section 201 of the Trade Act of 2002”; and(iii) by adding at the end the following:“(C) Training and other services.—A worker described in paragraph (3)(B) participating in the program established under paragraph (1) is eligible to receive training approved under section 236 and employment and case management services under section 235.”; and(C) by striking paragraphs (3) through (5) and inserting the following:“(3) Eligibility.—“(A) In general.—A group of workers certified under subchapter A as eligible for adjustment assistance under subchapter A is eligible for benefits described in paragraph (2) under the program established under paragraph (1).“(B) Individual eligibility.—A worker in a group of workers described in subparagraph (A) may elect to receive benefits described in paragraph (2) under the program established under paragraph (1) if the worker—“(i) is at least 50 years of age;“(ii) earns not more than $55,000 each year in wages from reemployment;“(iii)(I) is employed on a full-time basis as defined by the law of the State in which the worker is employed and is not enrolled in a training program approved under section 236; or123 STAT. 388“(II) is employed at least 20 hours per week and is enrolled in a training program approved under section 236; and“(iv) is not employed at the firm from which the worker was separated.“(4) Eligibility period for payments.—“(A) Worker who has not received trade readjustment allowance.—In the case of a worker described in paragraph (3)(B) who has not received a trade readjustment allowance under part I of subchapter B pursuant to the certification described in paragraph (3)(A), the worker may receive benefits described in paragraph (2) for a period not to exceed 2 years beginning on the earlier of—“(i) the date on which the worker exhausts all rights to unemployment insurance based on the separation of the worker from the adversely affected employment that is the basis of the certification; or“(ii) the date on which the worker obtains reemployment described in paragraph (3)(B).“(B) Worker who has received trade readjustment allowance.—In the case of a worker described in paragraph (3)(B) who has received a trade readjustment allowance under part I of subchapter B pursuant to the certification described in paragraph (3)(A), the worker may receive benefits described in paragraph (2) for a period of 104 weeks beginning on the date on which the worker obtains reemployment described in paragraph (3)(B), reduced by the total number of weeks for which the worker received such trade readjustment allowance.“(5) Total amount of payments.—“(A) In general.—The payments described in paragraph (2)(A) made to a worker may not exceed—“(i) $12,000 per worker during the eligibility period under paragraph (4)(A); or“(ii) the amount described in subparagraph (B) per worker during the eligibility period under paragraph (4)(B).“(B) Amount described.—The amount described in this subparagraph is the amount equal to the product of—“(i) $12,000, and“(ii) the ratio of—“(I) the total number of weeks in the eligibility period under paragraph (4)(B) with respect to the worker, to“(II) 104 weeks.“(6) Calculation of amount of payments for certain workers.—“(A) In general.—In the case of a worker described in paragraph (3)(B)(iii)(II), paragraph (2)(A) shall be applied by substituting the percentage described in subparagraph (B) for ‘50 percent’.“(B) Percentage described.—The percentage described in this subparagraph is the percentage—“(i) equal to ½ of the ratio of—123 STAT. 389“(I) the number of weekly hours of employment of the worker referred to in paragraph (3)(B)(iii)(II), to“(II) the number of weekly hours of employment of the worker at the time of separation, but“(ii) in no case more than 50 percent.“(7) Limitation on other benefits.—A worker described in paragraph (3)(B) may not receive a trade readjustment allowance under part I of subchapter B pursuant to the certification described in paragraph (3)(A) during any week for which the worker receives a payment described in paragraph (2)(A).”; and(3) in subsection (b)(2), by striking “subsection (a)(3)(B)” and inserting “subsection (a)(3)”.(b) Extension of Program.—Section 246(b)(1) of the Trade Act of 1974 (19 U.S.C. 2318(b)(1)) is amended by striking “the date that is 5 years” and all that follows through the end period and inserting “December 31, 2010.”.(c) Clerical Amendment.—The table of contents of the Trade Act of 1974 is amended by striking the item relating to section 246 and inserting the following: “Sec. 246. Reemployment trade adjustment assistance program.”.
Pub. L. 111-5, div. B, tit. I, subtit. I, pt. I, subpt. D, sec. 1841: REEMPLOYMENT TRADE ADJUSTMENT ASSISTANCE PROGRAM. | Justis AI