§ 2295. Employment services

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1975

   Trade Act of 1974

   Pub. L. 93–618 title II § 235 · 88 Stat. 1978

   Enacted · 19 U.S.C. § 2295

   Pub. L. 93–618, title II, § 235, Jan. 3, 1975, 88 Stat. 2023

   Source evidence

   Code source credit
   Pub. L. 93–618, title II, § 235, Jan. 3, 1975, 88 Stat. 2023

   Enacted provision · exact public law section
   SEC. 235. EMPLOYMENT SERVICES. The Secretary shall make every reasonable effort to secure for adversely affected workers covered by a certification under subchapter A of this chapter counseling, testing, and placement services, and supportive 19 USC 2296. and other services, provided for under any other Federal law. The Secretary shall, whenever appropriate, procure such services through agreements with cooperating State agencies.

2. 1988

   Omnibus Trade and Competitiveness Act of 1988

   Pub. L. 100–418 title I § 1424(d)(1)(A) · 102 Stat. 1107

   Substituted · 19 U.S.C. § 2295

   Pub. L. 100–418 substituted “the States” for “cooperating State agencies”

   Source evidence

   Code amendment note
   Pub. L. 100–418 substituted “the States” for “cooperating State agencies”.

   Enacted provision · exact public law section
   (d) Agreements With the States.— (1) (A) Section 235 of the Trade Act of 1974 (19 U.S.C. 2295) is amended by striking out “cooperating State agencies” and inserting in lieu thereof “the States”. (B) Subsection (e) of section 239 of the Trade Act of 1974 (19 U.S.C. 2311(e)) is amended to read as follows: “(e) Any agreement entered into under this section shall provide for the coordination of the administration of the provisions for employment services, training, and supplemental assistance under sections 235 and 236 of this Act and under title III of the Job Training Partnership Act upon such terms and conditions as are established by the Secretary in consultation with the States and set forth in such agreement. Any agency of the State jointly administering such provisions under such agreement shall be considered to be a cooperating State agency for purposes of this chapter.”. (2) Subsection (f) of section 239 of the Trade Act of 1974 (19 U.S.C. 2311(f)) is amended to read as follows: “(f) Each cooperating State agency shall, in carrying out subsection (a)(2)— “(1) advise each worker who applies for unemployment insurance of the benefits under this chapter and the procedures and deadlines for applying for such benefits, “(2) facilitate the early filing of petitions under section 221 for any workers that the agency considers are likely to be eligible for benefits under this chapter, “(3) advise each adversely affected worker to apply for training under section 236(a) before, or at the same time, the worker applies for trade readjustment allowances under part I of sub-chapter B, and “(4) as soon as practicable, interview the adversely affected worker regarding suitable training opportunities available to the worker under section 236 and review such opportunities with the worker.”.

3. 2002

   Trade Act of 2002

   Pub. L. 107–210 div. A title I § 119 · 116 Stat. 933

   Inserted · 19 U.S.C. § 2295

   Pub. L. 107–210 inserted “, including the services provided through one-stop delivery systems described in section 2864(c) of title 29” before period at end of first sentence

   Source evidence

   Code amendment note
   Pub. L. 107–210 inserted “, including the services provided through one-stop delivery systems described in section 2864(c) of title 29” before period at end of first sentence.

   Enacted provision · exact public law section
   SEC. 119. COORDINATION WITH TITLE I OF THE WORKFORCE INVESTMENT ACT OF 1998. Section 235 of the Trade Act of 1974 (19 U.S.C. 2295) is amended by inserting before the period at the end of the first sentence the following: including the services provided through one-stop delivery systems described in section 134(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(c))”.

4. 2009

   Trade and Globalization Adjustment Assistance Act of 2009

   Pub. L. 111–5 div. B title I § 1826(a) · 123 Stat. 115

   Amended · 19 U.S.C. § 2295

   Pub. L. 111–5, §§ 1826(a), 1893, temporarily amended section generally. Prior to amendment, text read as follows: “The Secretary shall make every reasonable effort to secure for adversely affected workers covered by a certification under subpart A of this part counseling, testing, and placement services, and supportive and other services, provided for under any other Federal law, including the services provided through one-stop delivery systems described in section 2864(c) of title 29. The Secretary shall, whenever appropriate, procure such services through agreements with the States.” See Codification note above and Effective and Termination Dates of 2009 Amendment note below

   Source evidence

   Code amendment note
   Pub. L. 111–5, §§ 1826(a), 1893, temporarily amended section generally. Prior to amendment, text read as follows: “The Secretary shall make every reasonable effort to secure for adversely affected workers covered by a certification under subpart A of this part counseling, testing, and placement services, and supportive and other services, provided for under any other Federal law, including the services provided through one-stop delivery systems described in section 2864(c) of title 29. The Secretary shall, whenever appropriate, procure such services through agreements with the States.” See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

   Enacted provision · exact public law section
   (a) In General.— Section 235 of the Trade Act of 1974 (19 U.S.C. 2295) is amended to read as follows: “SEC. 235. EMPLOYMENT AND CASE MANAGEMENT SERVICES.   “The Secretary shall make available, directly or through agreements with States under section 239, to adversely affected workers and adversely affected incumbent workers covered by a certification under subchapter A of this chapter the following employment and case management services: “(1) Comprehensive and specialized assessment of skill levels and service needs, including through— “(A) diagnostic testing and use of other assessment tools; and “(B) in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals. “(2) Development of an individual employment plan to identify employment goals and objectives, and appropriate training to achieve those goals and objectives. “(3) Information on training available in local and regional areas, information on individual counseling to determine which training is suitable training, and information on how to apply for such training. “(4) Information on how to apply for financial aid, including referring workers to educational opportunity centers described in section 402F of the Higher Education Act of 1965 (20 U.S.C. 1070a–16), where applicable, and notifying workers that the workers may request financial aid administrators at institutions of higher education (as defined in section 102 of such Act (20 U.S.C. 1002)) to use the administrators’ discretion under section 479A of such Act (20 U.S.C. 1087tt) to use current year income data, rather than preceding year income data, for determining the amount of need of the workers for Federal financial assistance under title IV of such Act (20 U.S.C. 1070 et seq.). “(5) Short-term prevocational services, including development of learning skills, communications skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct to prepare individuals for employment or training. “(6) Individual career counseling, including job search and placement counseling, during the period in which the individual is receiving a trade adjustment allowance or training under this chapter, and after receiving such training for purposes of job placement. “(7) Provision of employment statistics information, including the provision of accurate information relating to local, regional, and national labor market areas, including— “(A) job vacancy listings in such labor market areas; “(B) information on jobs skills necessary to obtain jobs identified in job vacancy listings described in subparagraph (A); “(C) information relating to local occupations that are in demand and earnings potential of such occupations; and “(D) skills requirements for local occupations described in subparagraph (C). “(8) Information relating to the availability of supportive services, including services relating to child care, transportation, dependent care, housing assistance, and need-related payments that are necessary to enable an individual to participate in training.” .

   Effective date note
   Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 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, amendment by Pub. L. 111–5 not applicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 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.

5. 2011

   Trade Adjustment Assistance Extension Act of 2011

   Pub. L. 112–40 title II § 201(b) · 125 Stat. 403

   Changed · 19 U.S.C. § 2295

   Pub. L. 112–40, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 Amendment and Effective and Termination Dates of 2011 Revival notes below

   Source evidence

   Code amendment note
   Pub. L. 112–40, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 Amendment and Effective and Termination Dates of 2011 Revival notes below.

   Enacted provision · exact public law section
   (b) Applicability of Certain Provisions.— Except as otherwise provided in this subtitle, the provisions of chapters 2 through 6 of title II of the Trade Act of 1974, as in effect on February 12, 2011, and as amended by this subtitle, shall— (1) take effect on the date of the enactment of this Act; and (2) apply to petitions for certification filed under chapter 2, 3, or 6 of title II of the Trade Act of 1974 on or after such date of enactment.

   Effective date note
   Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 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, amendment by Pub. L. 111–5 not applicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 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.

6. 2015

   Trade Adjustment Assistance Reauthorization Act of 2015

   Pub. L. 114–27 title IV § 402(b) · 129 Stat. 362

   Changed · 19 U.S.C. § 2295

   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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (b) Applicability of Certain Provisions.— Except as otherwise provided in this title, the provisions of chapters 2 through 6 of title II of the Trade Act of 1974, as in effect on December 31, 2013, and as amended by this title, shall— (1) Effective date. take effect on the date of the enactment of this Act; and (2) apply to petitions for certification filed under chapter 2, 3, or 6 of title II of the Trade Act of 1974 on or after such date of enactment.

6 of 6 references resolved to an enrolled provision