Title 19 — Customs Duties

Part 4 · Chapter 12 — Trade Act of 1974

§ 2371. Community College and Career Training Grant Program

Statutory text

Grants authorized

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.

Limitations

An eligible institution may not be awarded—

more than one grant under this section; or

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

Definitions

In this section:

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.

Secretary

The term “Secretary” means the Secretary of Labor.

Grant proposals

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.

Guidelines

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

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

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

Assistance

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

General requirements for grant proposals

In general

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

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;

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; and

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.

Absence of experience

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

Community outreach required

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

demonstrate that the eligible institution—

reached out to employers to identify—

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

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

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

include a detailed description of—

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

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

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.

Criteria for award of grants

In general

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

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;

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

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.

Matching requirements

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

Annual report

Not later than December 15, 2009, 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—

describing each grant awarded under this section during the preceding fiscal year;

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; and

providing the following data relating to program performance and outcomes:

Of the grants awarded under this section, the amount of funds spent by grantees.

The average dollar amount of grants awarded under this section.

The average duration of grants awarded under this section.

The percentage of workers receiving benefits under part 2 that are served by programs developed, offered, or improved using grants awarded under this section.

The percentage and number of workers receiving benefits under part 2 who obtained a degree through such programs and the average duration of the participation of such workers in training under section 2296 of this title.

The number of workers receiving benefits under part 2 served by such programs who did not complete a degree and the average duration of the participation of such workers in training under section 2296 of this title.

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.

2009
Trade Act of 1974
Pub. L. 93–618 title II § 271 · 88 Stat. 1978
Enacted · 19 U.S.C. § 2371
Pub. L. 93–618, title II, § 271, formerly § 278, as added Pub. L. 111–5, div. B, title I, § 1872(a), Feb. 17, 2009, 123 Stat. 406
Source evidence
Code source credit
Pub. L. 93–618, title II, § 271, formerly § 278, as added Pub. L. 111–5, div. B, title I, § 1872(a), Feb. 17, 2009, 123 Stat. 406
Enacted provision · exact public law section
SEC. 271. PETITIONS AND DETERMINATIONS. (a) A petition for certification of eligibility for adjustment assistance under this chapter may be filed with the Secretary of Commerce (hereinafter in this chapter referred to as the “Secretary”) by a political subdivision of a State (hereinafter in this chapter referred to as a “community”), by a group of such communities, or by the Governor of a State on behalf of such communities. Upon receipt of the petition, the Hearing. Secretary shall promptly publish notice in the Federal Register that he has received the petition and initiated an investigation. “Contributed importantly.”(b) If the petitioner, or any other person found by the Secretary to have a substantial interest in the proceedings, submits not later than 10 days after the Secretary’s publication of notice under subsection (a) a request for a hearing the Secretary shall provide for a public hearing and afford such interested persons an opportunity to be present, to produce evidence, and to be heard. (c) The Secretary shall certify a community as eligible for adjustment assistance under this chapter if he determines— (1) that a significant number or proportion of the workers in the trade impacted area in which such community is located have become totally or partially separated, or are threatened to become totally or partially separated, (2) that sales or production, or both, of firms, or subdivisions of firms, located in the trade impacted area specified in paragraph (1) have decreased absolutely, and (3) that increases of imports of articles like or directly competitive with articles produced by firms, or subdivisions of firms, located in the trade impacted area specified in paragraph (1) or that the transfer of firms or subdivisions of firms located in such area to foreign countries have contributed importantly to the total or partial separations, or threats thereof, described in paragraph (1) and to the decline in sales or production described in paragraph (2). 42 USC 3161. For purposes of paragraph (3), the term “contributed importantly” means a cause which is important but not necessarily more important than any other cause. (d) As soon as possible after the date on which a petition is filed under this section, but in any event not later than 60 days after that date, the Secretary shall determine whether the petitioning community, or group of communities, meets the requirements of subsection (c) and shall issue a certification of eligibility for assistance under this chapter covering any community located in the same trade impacted area in which the petitioner is located which meets such requirements. (e) The Secretary, after consulting the Secretary of Labor, shall establish the size and boundaries of each trade impacted area, considering the criteria in subsection (c) and, to the extent they are relevant, the factors specified as criteria for redevelopment areas under section 401 of the Public Works and Economic Development Act of Certification of eligibility, termination; publication in Federal Register. 1965. 19 USC 2372.(f) If the Secretary determines that a community requires no additional assistance under this chapter, he shall terminate the certification of eligibility of such community and promptly have notice of such termination published in the Federal Register. Such termination shall take effect on the termination date specified by the Secretary.
2010
Omnibus Trade Act of 2010
Pub. L. 111–344 title I § 101(c)(8) · 124 Stat. 3611
Substituted · 19 U.S.C. § 2371(e)
Pub. L. 111–344 substituted “and annually thereafter” for “2011” in introductory provisions. See Codification note above
Source evidence
Code amendment note
Subsec. (e). Pub. L. 111–344 substituted “and annually thereafter” for “2011” in introductory provisions. See Codification note above.
Enacted provision · exact public law section
(8) Section 278(e) of the Trade Act of 1974 (19 U.S.C. 2372(e)) is amended by striking “2011” and inserting “and annually thereafter”.
2011
Trade Adjustment Assistance Extension Act of 2011
Pub. L. 112–40 § 222(c)(1)(A)(i)(I) · 125 Stat. 403
1. Substituted · 19 U.S.C. § 2371(c)(4)(A)(ii)(v)
  Pub. L. 112–40, § 222(c)(1)(A)(i)(I), substituted “; and” for semicolon at end of cl. (ii)
2. Redesignated · 19 U.S.C. § 2371(c)(4)(A)(ii)(v)
  Pub. L. 112–40, § 222(c)(1)(A)(i)(I), redesignated cl. (v) as (iii)
3. Struck · 19 U.S.C. § 2371(c)(4)(A)(ii)(v)
  Pub. L. 112–40, § 222(c)(1)(A)(i)(I), struck out former cls. (iii) and (iv) which read as follows:
Source evidence
Code amendment note
Subsec. (c)(4)(A)(ii) to (v). Pub. L. 112–40, § 222(c)(1)(A)(i)(I), substituted “; and” for semicolon at end of cl. (ii), redesignated cl. (v) as (iii), and struck out former cls. (iii) and (iv) which read as follows:
“(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”. See Codification note above.
Enacted provision · exact public law section
(I) in subparagraph (A)— (aa) in clause (ii), by striking the semicolon and inserting “; and”; (bb) by striking clauses (iii) and (iv); and (cc) by redesignating clause (v) as clause (iii);
Effective date note
Pub. L. 112–40, title II, § 222(b)(2), Oct. 21, 2011, 125 Stat. 411, provided that: “The amendments made by paragraph (1) [amending this section] shall—
2011
Trade Adjustment Assistance Extension Act of 2011
Pub. L. 112–40 § 222(c)(1)(A)(i)(II) · 125 Stat. 403
Substituted · 19 U.S.C. § 2371(c)(4)(B)
Pub. L. 112–40, § 222(c)(1)(A)(i)(II), substituted “(A)(iii)” for “(A)(v)”. See Codification note above
Source evidence
Code amendment note
Subsec. (c)(4)(B). Pub. L. 112–40, § 222(c)(1)(A)(i)(II), substituted “(A)(iii)” for “(A)(v)”. See Codification note above.
Enacted provision · exact public law section
(II) in subparagraph (B), by striking “(A)(v)” and inserting “(A)(iii)”; and
Effective date note
Pub. L. 112–40, title II, § 222(b)(2), Oct. 21, 2011, 125 Stat. 411, provided that: “The amendments made by paragraph (1) [amending this section] shall—
2011
Trade Adjustment Assistance Extension Act of 2011
Pub. L. 112–40 § 222(c)(1)(A)(ii)(I)(aa) · 125 Stat. 403
Struck · 19 U.S.C. § 2371(c)(5)(A)(i)
Pub. L. 112–40, § 222(c)(1)(A)(ii)(I)(aa), struck out “, and other entities described in section 2371e(a)(2)(B) of this title” after “employers” in introductory provisions. See Codification note above
Source evidence
Code amendment note
Subsec. (c)(5)(A)(i). Pub. L. 112–40, § 222(c)(1)(A)(ii)(I)(aa), struck out “, and other entities described in section 2371e(a)(2)(B) of this title” after “employers” in introductory provisions. See Codification note above.
Enacted provision · exact public law section
(aa) in the matter preceding subclause (I), by striking “, and other entities described in section 276(a)(2)(B)”; and
Effective date note
Pub. L. 112–40, title II, § 222(b)(2), Oct. 21, 2011, 125 Stat. 411, provided that: “The amendments made by paragraph (1) [amending this section] shall—
2011
Trade Adjustment Assistance Extension Act of 2011
Pub. L. 112–40 § 222(c)(1)(A)(ii)(I)(bb) · 125 Stat. 403
Substituted · 19 U.S.C. § 2371(c)(5)(A)(i)(II)
Pub. L. 112–40, § 222(c)(1)(A)(ii)(I)(bb), substituted “; and” for semicolon at end. See Codification note above
Source evidence
Code amendment note
Subsec. (c)(5)(A)(i)(II). Pub. L. 112–40, § 222(c)(1)(A)(ii)(I)(bb), substituted “; and” for semicolon at end. See Codification note above.
Enacted provision · exact public law section
(bb) in subclause (II), by striking the semicolon and inserting “; and”;
Effective date note
Pub. L. 112–40, title II, § 222(b)(2), Oct. 21, 2011, 125 Stat. 411, provided that: “The amendments made by paragraph (1) [amending this section] shall—
2011
Trade Adjustment Assistance Extension Act of 2011
Pub. L. 112–40 § 222(c)(1)(A)(ii)(II) · 125 Stat. 403
Struck · 19 U.S.C. § 2371(c)(5)(A)(iii)
Pub. L. 112–40, § 222(c)(1)(A)(ii)(II), struck out cl. (iii) which read as follows: “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”. See Codification note above
Source evidence
Code amendment note
Subsec. (c)(5)(A)(iii). Pub. L. 112–40, § 222(c)(1)(A)(ii)(II), struck out cl. (iii) which read as follows: “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”. See Codification note above.
Enacted provision · exact public law section
(II) by striking clause (iii); and
Effective date note
Pub. L. 112–40, title II, § 222(b)(2), Oct. 21, 2011, 125 Stat. 411, provided that: “The amendments made by paragraph (1) [amending this section] shall—
2011
Trade Adjustment Assistance Extension Act of 2011
Pub. L. 112–40 § 222(c)(1)(B) · 125 Stat. 403
1. Redesignated · 19 U.S.C. § 2371(d)(2); 19 U.S.C. § 2371(d)(3)
  Pub. L. 112–40, § 222(c)(1)(B), redesignated par. (3) as (2)
2. Struck · 19 U.S.C. § 2371(d)(2); 19 U.S.C. § 2371(d)(3)
  Pub. L. 112–40, § 222(c)(1)(B), struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “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.” See Codification note above
Source evidence
Code amendment note
Subsec. (d)(2), (3). Pub. L. 112–40, § 222(c)(1)(B), redesignated par. (3) as (2) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “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.” See Codification note above.
Enacted provision · exact public law section
(B) in subsection (d), by striking paragraph (2) and redesignating paragraph (3) as paragraph (2).
Effective date note
Pub. L. 112–40, title II, § 222(b)(2), Oct. 21, 2011, 125 Stat. 411, provided that: “The amendments made by paragraph (1) [amending this section] shall—
2011
Trade Adjustment Assistance Extension Act of 2011
Pub. L. 112–40 § 222(b)(1)(A) · 125 Stat. 403
Substituted · 19 U.S.C. § 2371(e)
Pub. L. 112–40, § 222(b)(1)(A), substituted “December 15, 2009,” for “December 15 in each of the calendar years 2009 through” in introductory provisions. See Codification note above
Source evidence
Code amendment note
Subsec. (e). Pub. L. 112–40, § 222(b)(1)(A), substituted “December 15, 2009,” for “December 15 in each of the calendar years 2009 through” in introductory provisions. See Codification note above.
Enacted provision · exact public law section
(A) in the matter preceding paragraph (1), by striking “December 15 in each of the calendar years 2009 through” and inserting “December 15, 2009,”;
Effective date note
Pub. L. 112–40, title II, § 222(b)(2), Oct. 21, 2011, 125 Stat. 411, provided that: “The amendments made by paragraph (1) [amending this section] shall—
2011
Trade Adjustment Assistance Extension Act of 2011
Pub. L. 112–40 § 222(b)(1)(B) · 125 Stat. 403
Added · 19 U.S.C. § 2371(e)(3)
Pub. L. 112–40, § 222(b)(1)(B)–(D), added par. (3). See Codification note above
Source evidence
Code amendment note
Subsec. (e)(3). Pub. L. 112–40, § 222(b)(1)(B)–(D), added par. (3). See Codification note above.
Enacted provision · exact public law section
(B) in paragraph (1), by striking “and” at the end;
Effective date note
Pub. L. 112–40, title II, § 222(b)(2), Oct. 21, 2011, 125 Stat. 411, provided that: “The amendments made by paragraph (1) [amending this section] shall—

13 of 13 references resolved to an enrolled provision

Editorial Notes

Codification

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, as amended by Pub. L. 111–344, and as in effect on Feb. 12, 2011, was revived, effective Oct. 21, 2011, by Pub. L. 112–40, § 201(b), (c). See 2010 and 2011 Amendment and Effective and Termination Dates notes below.

Section was formerly classified to section 2372 of this title prior to renumbering by Pub. L. 112–40.

Prior Provisions

A prior section 2371, Pub. L. 93–618, title II, § 271, as added Pub. L. 111–5, div. B, title I, § 1872(a), Feb. 17, 2009, 123 Stat. 401, and Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403, which defined terms, was repealed by Pub. L. 112–40, title II, § 222(a)(1), Oct. 21, 2011, 125 Stat. 411.

Another prior section 2371, Pub. L. 93–618, title II, § 271, Jan. 3, 1975, 88 Stat. 2035, related to petitions and determinations and terminated Sept. 30, 1982, pursuant to section 285 of Pub. L. 93–618, set out as a Termination Date note preceding section 2271 of this title, prior to the general amendment of this part by Pub. L. 111–5.

Amendments2010–2011 · 2 rounds

2011

Subsec. (c)(4)(A)(ii) to (v). Pub. L. 112–40, § 222(c)(1)(A)(i)(I), substituted “; and” for semicolon at end of cl. (ii), redesignated cl. (v) as (iii), and struck out former cls. (iii) and (iv) which read as follows:

“(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”.

See Codification note above.

Subsec. (c)(4)(B). Pub. L. 112–40, § 222(c)(1)(A)(i)(II), substituted “(A)(iii)” for “(A)(v)”. See Codification note above.

Subsec. (c)(5)(A)(i). Pub. L. 112–40, § 222(c)(1)(A)(ii)(I)(aa), struck out “, and other entities described in section 2371e(a)(2)(B) of this title” after “employers” in introductory provisions. See Codification note above.

Subsec. (c)(5)(A)(i)(II). Pub. L. 112–40, § 222(c)(1)(A)(ii)(I)(bb), substituted “; and” for semicolon at end. See Codification note above.

Subsec. (c)(5)(A)(iii). Pub. L. 112–40, § 222(c)(1)(A)(ii)(II), struck out cl. (iii) which read as follows: “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”. See Codification note above.

Subsec. (d)(2), (3). Pub. L. 112–40, § 222(c)(1)(B), redesignated par. (3) as (2) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “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.” See Codification note above.

Subsec. (e). Pub. L. 112–40, § 222(b)(1)(A), substituted “December 15, 2009,” for “December 15 in each of the calendar years 2009 through” in introductory provisions. See Codification note above.

Subsec. (e)(3). Pub. L. 112–40, § 222(b)(1)(B)–(D), added par. (3). See Codification note above.

2010

Subsec. (e). Pub. L. 111–344 substituted “and annually thereafter” for “2011” in introductory provisions. See Codification note above.

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Pub. L. 112–40, title II, § 222(b)(2), Oct. 21, 2011, 125 Stat. 411, provided that:

“The amendments made by paragraph (1) [amending this section] shall—
“(A)
take effect on October 1, 2011; and
#
“(B)
apply with respect to reports submitted under subsection (e) of section 271 of the Trade Act of 1974 [19 U.S.C. 2371(e)], as redesignated by subsection (a)(3), on or after October 1, 2012.”
#

Effective Date of 2010 Amendment

Amendment by Pub. L. 111–344 effective Jan. 1, 2011, see section 101(d) of Pub. L. 111–344, set out as a note preceding section 2271 of this title.

Effective and Termination Dates

For revival and applicability of 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.

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 an Effective and Termination Dates of 2009 Amendment note under section 2271 of this title.

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

Purpose

Pub. L. 111–5, div. B, title I, § 1871, Feb. 17, 2009, 123 Stat. 401, provided that: “The purpose of the amendments made by this part [part III (§§ 1871–1873) of subtitle I of title I of div. B of Pub. L. 111–5, enacting this part and amending section 2395 of this title and section 1581 of Title 28, Judiciary and Judicial Procedure] is to assist communities impacted by trade with economic adjustment through the coordination of Federal, State, and local resources, the creation of community-based development strategies, and the development and provision of programs that meet the training needs of workers covered by certifications under section 223 [probably means section 223 of Pub. L. 93–618, which is classified to section 2273 of this title].”

Credits

2009–2011 · 3 acts

2009Pub. L. 93–618, title II, § 271, formerly § 278, as added Pub. L. 111–5, div. B, title I, § 1872(a), Feb. 17, 2009, 123 Stat. 406
2010amended Pub. L. 111–344, title I, § 101(c)(8), Dec. 29, 2010, 124 Stat. 3614
2011as added, renumbered § 271, and amended Pub. L. 112–40, title II, §§ 201(b), (c), 222(a)(3), (b)(1), (c)(1), Oct. 21, 2011, 125 Stat. 403, 411.

Show as published

(Pub. L. 93–618, title II, § 271, formerly § 278, as added Pub. L. 111–5, div. B, title I, § 1872(a), Feb. 17, 2009, 123 Stat. 406; amended Pub. L. 111–344, title I, § 101(c)(8), Dec. 29, 2010, 124 Stat. 3614; as added, renumbered § 271, and amended Pub. L. 112–40, title II, §§ 201(b), (c), 222(a)(3), (b)(1), (c)(1), Oct. 21, 2011, 125 Stat. 403, 411.)