19 U.S. Code § 2323 - Collection and publication of data and reports; information to workers

§ 2323.
Collection and publication of data and reports; information to workers
(a) In general

Not later than 180 days after February 17, 2009, the Secretary shall implement a system to collect and report the data described in subsection (b), as well as any other information that the Secretary considers appropriate to effectively carry out this part.

(b) Data to be includedThe system required under subsection (a) shall include collection of and reporting on the following data for each fiscal year:
(1) Data on petitions filed, certified, and denied
(A)
The number of petitions filed, certified, and denied under this part.
(B)
The number of workers covered by petitions filed, certified, and denied.
(C) The number of petitions, classified by—
(i)
the basis for certification, including increased imports, shifts in production, and other bases of eligibility; and
(ii)
congressional district of the United States.
(D)
The average time for processing such petitions.
(2) Data on benefits received
(A)
The number of workers receiving benefits under this part.
(B)
The number of workers receiving each type of benefit, including training, trade readjustment allowances (including such allowances classified by payments under paragraphs (1) and (3) of section 2293(a) of this title, and section 2293(f) of this title, respectively) and payments under section 2318 of this title, employment and case management services, and relocation and job search allowances, and, to the extent feasible, credits for health insurance costs under section 35 of title 26.
(C)
The average time during which such workers receive each such type of benefit.
(D)
The average number of weeks trade readjustment allowances were paid to workers.
(E)
The number of workers who report that they have received benefits under a prior certification issued under this part in any of the 10 fiscal years preceding the fiscal year for which the data is collected under this section.
(3) Data on training
(A)
The number of workers who received training approved under section 2296 of this title, classified by major types of training, including classroom training, training through distance learning, training leading to an associate’s degree, remedial education, prerequisite education, on-the-job training, and customized training.
(B)
The number of workers who exited training approved under section 2296 of this title, including who received pre-layoff training or part-time training at any time during that training.
(C)
The average duration of training, and the average duration of training that does not include remedial or prerequisite education.
(D)
The number of training waivers granted under section 2291(c) of this title, classified by type of waiver.
(E)
The number of workers who exited training and the average duration of such training.
(F)
The number of workers who do not exit training and the average duration of the training that was completed by such workers.
(G)
The average cost per worker of receiving training approved under section 2296 of this title.
(H)
The percentage of workers who received training approved under section 2296 of this title and obtained unsubsidized employment in a field related to that training.
(4) Data on outcomes
(A)
A summary of the annual reports required under section 2311(j) of this title.
(B)
A summary of the data on workers in the annual reports required under section 2311(j) of this title classified by the age, pre-program educational level, and post-program credential attainment of the workers.
(C)
The median earnings of workers described in section 2311(j)(2)(A)(i)(III) of this title during the second calendar quarter after exit from the program, expressed as a percentage of the median earnings of such workers before the calendar quarter in which such workers began receiving benefits under this part.
(D)
The sectors in which workers are employed after receiving benefits under this part.
(5) Data on rapid response activities

Whether rapid response activities were provided with respect to each petition filed under section 2271 of this title.

(6) Data on spending
(A)
The total amount of funds used to pay for trade readjustment allowances, in the aggregate and by each State.
(B)
The total amount of the payments to the States to carry out sections 2295 through 2298 of this title used for training, in the aggregate and for each State.
(C)
The total amount of payments to the States to carry out sections 2295 through 2298 of this title used for the costs of administration, in the aggregate and for each State.
(D)
The total amount of payments to the States to carry out sections 2295 through 2298 of this title used for job search and relocation allowances, in the aggregate and for each State.
(c) Classification of data

To the extent possible, in collecting and reporting the data described in subsection (b), the Secretary shall classify the data by industry, State, and national totals.

(d) ReportNot later than February 15 of each year, 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 that includes—
(1)
a summary of the information collected under this section for the preceding fiscal year;
(2)
information on the distribution of funds to each State pursuant to section 2296(a)(2) of this title; and
(3)
any recommendations of the Secretary with respect to changes in eligibility requirements, benefits, or training funding under this part based on the data collected under this section.
(e) Availability of data
(1) In generalThe Secretary shall make available to the public, by publishing on the website of the Department of Labor and by other means, as appropriate—
(A)
the report required under subsection (d);
(B)
the reports required under section 2311(j) of this title;
(C)
the data collected under this section, in a searchable format; and
(D)
a list of cooperating States and cooperating State agencies that failed to submit the data required by this section to the Secretary in a timely manner.
(2) Updates

The Secretary shall update the data under paragraph (1) on an annual basis.

(Pub. L. 93–618, title II, § 249B, as added Pub. L. 111–5, div. B, title I, § 1854(a), Feb. 17, 2009, 123 Stat. 392; as added and amended Pub. L. 112–40, title II, §§ 201(b), (c), 216(b)(1), (3), Oct. 21, 2011, 125 Stat. 403, 407, 409; as added and amended Pub. L. 114–27, title IV, §§ 402(b), (c), 404(b), June 29, 2015, 129 Stat. 374, 376.)
Termination of Section

For termination of section beginning on July 1, 2021, with certain exceptions and subject to section 406(b) of Pub. L. 114–27, see Codification and Effective and Termination Dates notes below.

Codification

Section 233 of Pub. L. 112–40, which provided for Jan. 1, 2014, termination of section, was repealed by Pub. L. 114–27, title IV, § 402(a), June 29, 2015, 129 Stat. 374, and this section, as added by Pub. L. 112–40 and as in effect on Dec. 31, 2013, was temporarily revived, effective June 29, 2015, until July 1, 2021, by Pub. L. 114–27, §§ 402(b), (c), 406. See Effective and Termination Dates notes below.

Section 1893 of Pub. L. 111–5, which provided for Feb. 13, 2011, termination of section, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and this section, as added by Pub. L. 111–5 and as in effect on Feb. 12, 2011, was temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See Effective and Termination Dates notes below.

Amendments

2015—Pub. L. 114–27, §§ 402(b), (c), 406, temporarily revived the provisions of this section, as in effect on Dec. 31, 2013. See Codification note above and 2011 Amendment and Effective and Termination Dates of 2015 Revival notes below.

Subsec. (b)(3)(A). Pub. L. 114–27, §§ 404(b)(1)(A)(i), 406, temporarily substituted “who received” for “enrolled in”. See Codification note above and Effective and Termination Dates note below.

Subsec. (b)(3)(B). Pub. L. 114–27, §§ 404(b)(1)(A)(ii), 406, temporarily substituted “exited” for “complete” and “, including who received” for “who were enrolled in”. See Codification note above and Effective and Termination Dates note below.

Subsec. (b)(3)(E). Pub. L. 114–27, §§ 404(b)(1)(A)(iii), 406, temporarily substituted “exited” for “complete”. See Codification note above and Effective and Termination Dates note below.

Subsec. (b)(3)(F). Pub. L. 114–27, §§ 404(b)(1)(A)(iv), 406, temporarily substituted “exit” for “complete”. See Codification note above and Effective and Termination Dates note below.

Subsec. (b)(3)(G), (H). Pub. L. 114–27, §§ 404(b)(1)(A)(v), 406, temporarily added subpars. (G) and (H). See Codification note above and Effective and Termination Dates note below.

Subsec. (b)(4)(A), (B). Pub. L. 114–27, §§ 404(b)(1)(B)(i), 406, temporarily substituted “annual” for “quarterly”. See Codification note above and Effective and Termination Dates note below.

Subsec. (b)(4)(C). Pub. L. 114–27, §§ 404(b)(1)(B)(ii), 406, temporarily added subpar. (C) and struck out former subpar. (C) which read as follows: “The average earnings of workers described in section 2311(j)(2)(A)(i) of this title in the second, third, and fourth calendar quarters following the calendar quarter in which such workers cease receiving benefits under this part, expressed as a percentage of the average earnings of such workers in the 3 calendar quarters before the calendar quarter in which such workers began receiving benefits under this part.” See Codification note above and Effective and Termination Dates note below.

Subsec. (e)(1)(B) to (D). Pub. L. 114–27, §§ 404(b)(2)(A), 406, temporarily added subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D), respectively. See Codification note above and Effective and Termination Dates note below.

Subsec. (e)(2). Pub. L. 114–27, §§ 404(b)(2)(B), 406, temporarily substituted “an annual” for “a quarterly”. See Codification note above and Effective and Termination Dates note below.

2011—Subsec. (b)(2)(B). Pub. L. 112–40, §§ 216(b)(1)(A)(i), 233, temporarily inserted “(including such allowances classified by payments under paragraphs (1) and (3) of section 2293(a) of this title, and section 2293(f) of this title, respectively) and payments under section 2318 of this title” after “readjustment allowances”. See Codification note above and Effective and Termination Dates note below.

Subsec. (b)(2)(D), (E). Pub. L. 112–40, §§ 216(b)(1)(A)(ii), 233, temporarily added subpars. (D) and (E). See Codification note above and Effective and Termination Dates note below.

Subsec. (b)(3)(A). Pub. L. 112–40, §§ 216(b)(1)(B)(i), 233, temporarily inserted “training leading to an associate’s degree, remedial education, prerequisite education,” after “distance learning,”. See Codification note above and Effective and Termination Dates note below.

Subsec. (b)(3)(B). Pub. L. 112–40, §§ 216(b)(1)(B)(ii), 233, temporarily amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “The number of workers enrolled in full-time training and part-time training.” See Codification note above and Effective and Termination Dates note below.

Subsec. (b)(3)(C). Pub. L. 112–40, §§ 216(b)(1)(B)(iii), 233, temporarily inserted “, and the average duration of training that does not include remedial or prerequisite education” after “training”. See Codification note above and Effective and Termination Dates note below.

Subsec. (b)(3)(E). Pub. L. 112–40, §§ 216(b)(1)(B)(iv), 233, temporarily substituted “average duration” for “duration”. See Codification note above and Effective and Termination Dates note below.

Subsec. (b)(3)(F). Pub. L. 112–40, §§ 216(b)(1)(B)(v), 233, temporarily inserted “and the average duration of the training that was completed by such workers” after “training”. See Codification note above and Effective and Termination Dates note below.

Subsec. (b)(4)(B) to (D). Pub. L. 112–40, §§ 216(b)(1)(C), 233, temporarily added subpars. (B) and (C) and temporarily redesignated former subpar. (B) as (D). See Codification note above and Effective and Termination Dates note below.

Subsec. (b)(6). Pub. L. 112–40, §§ 216(b)(1)(D), 233, temporarily added par. (6). See Codification note above and Effective and Termination Dates note below.

Subsec. (d). Pub. L. 112–40, §§ 216(b)(3), 233, temporarily substituted “February 15” for “December 15” in introductory provisions. See Codification note above and Effective and Termination Dates note below.

Effective and Termination Dates

For revival and applicability, beginning on June 29, 2015, of this section as in effect on Dec. 31, 2013, see section 402(b), (c) of Pub. L. 114–27, set out as an Effective and Termination Dates of 2015 Revival note preceding section 2271 of this title.

For termination of section, beginning on July 1, 2021, with certain exceptions and subject to section 406(b) of Pub. L. 114–27, see section 406 of Pub. L. 114–27, set out as an Effective and Termination Dates of 2015 Revival note preceding section 2271 of this title.

For revival and applicability, beginning on Oct. 21, 2011, of this section as in effect on Feb. 12, 2011, see section 201(b), (c) of Pub. L. 112–40, set out as an Effective and Termination Dates of 2011 Revival note preceding section 2271 of this title.

Section 233 of Pub. L. 112–40, formerly set out as an Effective and Termination Dates of 2011 Revival note preceding section 2271 of this title, which provided for the termination of this section beginning on Jan. 1, 2014, subject to certain exceptions, was repealed by Pub. L. 114–27, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effective June 29, 2015. See Codification note above.

Pub. L. 111–5, div. B, title I, § 1854(c), Feb. 17, 2009, 123 Stat. 394, provided that:

“The amendments made by this section [enacting this section] shall take effect on the date of the enactment of this Act [Feb. 17, 2009].”

Except as otherwise provided and subject to certain applicability provisions, section effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title.

Section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title, which provided that, except as otherwise provided, section not applicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, 2011, as if this section had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above.

No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this section after June 30, 2021, except as otherwise provided, see section 285 of Pub. L. 93–618, set out as a note preceding section 2271 of this title.

Deadline for Updating Data Reporting System

Pub. L. 112–40, title II, § 216(b)(2), Oct. 21, 2011, 125 Stat. 409, provided that:

“Not later than October 1, 2012, the Secretary of Labor shall update the system required by section 249B(a) of the Trade Act of 1974 (19 U.S.C. 2323(a)) to include the collection of and reporting on the data required by the amendments made by paragraph (1) [amending this section].”

 

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