Page:United States Statutes at Large Volume 123.djvu/414

 123STA T . 3 94PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 ‘ ‘ (1)asum ma ryofthein formation c o l lecte d under this section for the p recedin g fiscal year ‘‘( 2 ) information on the distri b ution of funds to each S tate pursuant to section 2 36 (a)(2); and ‘‘(3) any recommendations of the Secretary w ith respect to changes in eligibility re q uirements , benefits, or training funding under this chapter based on the data collected under this section . ‘‘(e) AVAIL A B ILI TYOFD ATA. — ‘‘(1) INGE NE R AL.— T he Secretary shall ma k ea v ailable to the public, by publishing on the website of the Department of L abor and by other means, as appropriate— ‘‘(A) the report required under subsection (d); ‘‘( B ) the data collected under this section, in a search - able format; and ‘‘( C ) 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) UPD ATE S .—The Secretary shall update the data under paragraph (1) on a quarterly basis. ’ ’. (b) CLERI C ALA M ENDMENT.—The table of contents of the Trade Actof1 974 is amended by inserting after the item relating to section 249A the following

‘ Sec.249B . Col lec ti o na n dpub lication o f data and r eport s; infor m ation to w or k- ers. ’ ’. (c) E FFECTIVE DATE.—The amendments made by this section shall take effect on the date of the enactment of this Act. SEC.185 5. FRAUD A N D REC OV ER Y OF OVER P AY M EN T S. Section 243(a)(1) of the Trade Act of 1974 (19 U.S.C. 231 5 (a)(1)) is amended— (1) in the matter preceding subparagraph (A)— (A) by striking ‘‘may waive’’ and inserting ‘‘shall waive’’; and (B) by striking ‘‘, in accordance with guidelines pre- scribed by the Secretary,’’; and (2) in subparagraph (B), by striking ‘‘would be contrary to equity and good conscience’’ and inserting ‘‘would cause a financial hardship for the individual (or the individual’s household, if applicable) when taking into consideration the income and resources reasonably available to the individual (or household) and other ordinary living e x penses of the indi- vidual (or household)’’. SEC. 185 6 . SENSE OF CON G RESS ON APP LI CATION OF TRADE AD J UST - MENT ASSISTANCE. (a) IN G ENERAL.—Chapter 5 of title II of the Trade Act of 1974 (19 U.S.C. 2391 et seq.) is amended by adding at the end the following: ‘ ‘SEC. 2 88. SENSE OF CONGRESS. ‘‘It is the sense of Congress that the Secretaries of Labor, Commerce, and Agriculture should apply the provisions of chapter 2 (relating to ad j ustment assistance for workers), chapter 3 (relating to adjustment assistance for firms), chapter 4 (relating to adjust- ment assistance for communities), and chapter 6 (relating to adjust- ment assistance for farmers), respectively, with the utmost regard 19USC23 9 7a. 19 USC 2323 note . D ea dli ne. W e bp o s tin g .