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19 U.S.C. § 2295 — Limitations on trade readjustment allowances
Federal law — U.S. Code and appendices · legal_authorities
**(a) Maximum allowance; deduction for unemployment insurance; additional payments for approved training periods**
(1) The maximum amount of trade readjustment allowances payable with respect to the period covered by any certification to an adversely affected worker shall be the amount which is the product of 52 multiplied by the trade readjustment allowance payable to the worker for a week of total unemployment (as determined under [section 2292(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2292/a&num=0&edition=prelim)), but such product shall be reduced by the total sum of the unemployment insurance to which the worker was entitled (or would have been entitled if he had applied therefor) in the worker’s first benefit period described in [section 2291(a)(3)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2291/a/3/A&num=0&edition=prelim).
(2) 11 See Application of Certain Provisions note below. A trade readjustment allowance shall not be paid for any week occurring after the close of the 104-week period (or, in the case of an adversely affected worker who requires a program of remedial education (as described in [section 2296(a)(5)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2296/a/5/D&num=0&edition=prelim)) in order to complete training approved for the worker under [section 2296 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2296&num=0&edition=prelim), the 130-week period) that begins with the first week following the week in which the adversely affected worker was most recently totally separated from adversely affected employment—
(A) within the period which is described in [se
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Stable record: federal_law:legal_authorities:record_usc_3061af194740111a5fc66b29
Source file: Laws/federal/codes/united-states-code/title-19/section-2295-limitations-on-trade-readjustment-allowances--d02f2d5b0c.md
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Source location: Title 19, Chapter 12, § 2295; chapter-012-trade-act-of-1974.md
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**(a) Maximum allowance; deduction for unemployment insurance; additional payments for approved training periods**
(1) The maximum amount of trade readjustment allowances payable with respect to the period covered by any certification to an adversely affected worker shall be the amount which is the product of 52 multiplied by the trade readjustment allowance payable to the worker for a week of total unemployment (as determined under [section 2292(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2292/a&num=0&edition=prelim)), but such product shall be reduced by the total sum of the unemployment insurance to which the worker was entitled (or would have been entitled if he had applied therefor) in the worker’s first benefit period described in [section 2291(a)(3)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2291/a/3/A&num=0&edition=prelim).
(2) 11 See Application of Certain Provisions note below. A trade readjustment allowance shall not be paid for any week occurring after the close of the 104-week period (or, in the case of an adversely affected worker who requires a program of remedial education (as described in [section 2296(a)(5)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2296/a/5/D&num=0&edition=prelim)) in order to complete training approved for the worker under [section 2296 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2296&num=0&edition=prelim), the 130-week period) that begins with the first week following the week in which the adversely affected worker was most recently totally separated from adversely affected employment—
(A) within the period which is described in [section 2291(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2291/a/1&num=0&edition=prelim), and
(B) with respect to which the worker meets the requirements of [section 2291(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2291/a/2&num=0&edition=prelim).
(3) 1 Notwithstanding paragraph (1), in order to assist the adversely affected worker to complete training approved for him under [section 2296 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2296&num=0&edition=prelim), and in accordance with regulations prescribed by the Secretary, payments may be made as trade readjustment allowances for up to 52 additional weeks in the 52-week period that—
(A) follows the last week of entitlement to trade readjustment allowances otherwise payable under this part; or
(B) begins with the first week of such training, if such training begins after the last week described in subparagraph (A).
Payments for such additional weeks may be made only for weeks in such 52-week period 1 during which the individual is participating in such training.
**(b) Limitations on additional payments for training periods** A trade readjustment allowance may not be paid for an additional week specified in subsection (a)(3) if the adversely affected worker who would receive such allowance did not make a bona fide application to a training program approved by the Secretary under [section 2296 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2296&num=0&edition=prelim) within 210 days after the date of the worker’s first certification of eligibility to apply for adjustment assistance issued by the Secretary, or, if later, within 210 days after the date of the worker’s total or partial separation referred to in [section 2291(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2291/a/1&num=0&edition=prelim).
**(c) Adjustments of amounts payable** Amounts payable to an adversely affected worker under this division shall be subject to such adjustment on a week-to-week basis as may be required by [section 2292(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2292/b&num=0&edition=prelim).
**(d) Special adjustments for benefit years ending with extended benefit periods** Notwithstanding any other provision of this chapter or other Federal law, if the benefit year of a worker ends within an extended benefit period, the number of weeks of extended benefits that such worker would, but for this subsection, be entitled to in that extended benefit period shall be reduced (but not below zero) by the number of weeks for which the worker was entitled, during such benefit year, to trade readjustment allowances under this division. For purposes of this paragraph, the terms “benefit year” and “extended benefit period” shall have the same respective meanings given to them in the Federal-State Extended Unemployment Compensation Act of 1970.
**(e) Week during which worker received on-the-job training** No trade readjustment allowance shall be paid to a worker under this division for any week during which the worker is receiving on-the-job training.
**(f) Workers treated as participating in training** For purposes of this part, a worker shall be treated as participating in training during any week which is part of a break in training that does not exceed 30 days if—
(1) the worker was participating in a training program approved under [section 2296(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2296/a&num=0&edition=prelim) before the beginning of such break in training, and
(2) the break is provided under such training program.
**(g) 1 Additional weeks to complete training** Notwithstanding any other provision of this section, in order to assist an adversely affected worker to complete training approved for the worker under [section 2296 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2296&num=0&edition=prelim) which includes a program of remedial education (as described in [section 2296(a)(5)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2296/a/5/D&num=0&edition=prelim)), and in accordance with regulations prescribed by the Secretary, payments may be made as trade readjustment allowances for up to 26 additional weeks in the 26-week period that follows the last week of entitlement to trade readjustment allowances otherwise payable under this part.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirements** The Secretary of Labor shall approve any State law submitted to him, within 30 days of such submission, which he finds provides that—
(1) all compensation is to be paid through public employment offices or such other agencies as the Secretary of Labor may approve;
(2) no compensation shall be payable with respect to any day of unemployment occurring within 2 years after the first day of the first period with respect to which contributions are required;
(3) all money received in the unemployment fund shall (except for refunds of sums erroneously paid into such fund and except for refunds paid in accordance with the provisions of section 3305(b)) immediately upon such receipt be paid over to the Secretary of the Treasury to the credit of the Unemployment Trust Fund established by section 904 of the Social Security Act ([42 U.S.C. 1104](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1104&num=0&edition=prelim));
(4) all money withdrawn from the unemployment fund of the State shall be used solely in the payment of unemployment compensation, exclusive of expenses of administration, and for refunds of sums erroneously paid into such fund and refunds paid in accordance with the provisions of section 3305(b); except that—
(A) an amount equal to the amount of employee payments into the unemployment fund of a State may be used in the payment of cash benefits to individuals with respect to their disability, exclusive of expenses of administration;
(B) the amounts specified by section 903 (c)(2) or 903(d)(4) of the Social Security Act may, subject to the conditions prescribed in such section, be used for expenses incurred by the State for administration of its unemployment compensation law and public employment offices;
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Petition for review; time and place of filing** A worker, group of workers, certified or recognized union, or authorized representative of such worker or group aggrieved by a final determination of the Secretary of Labor under [section 2273 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2273&num=0&edition=prelim), a firm or its representative or any other interested domestic party aggrieved by a final determination of the Secretary of Commerce under [section 2341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2341&num=0&edition=prelim), an agricultural commodity producer (as defined in [section 2401(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2401/2&num=0&edition=prelim)) aggrieved by a determination of the Secretary of Agriculture under [section 2401b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2401b&num=0&edition=prelim), or a community or any other interested domestic party aggrieved by a final determination of the Secretary of Commerce under section 2371 11 See References in Text note below. of this title may, within sixty days after notice of such determination, commence a civil action in the United States Court of International Trade for review of such determination. The clerk of such court shall send a copy of the summons and the complaint in such action to the Secretary of Labor, the Secretary of Commerce, or the Secretary of Agriculture, as the case may be. Upon receiving a copy of such summons and complaint, such Secretary shall promptly certify and file in such court the record on which he based such determination.
**(b) Findings of fact by Secretary; conclusiveness; new
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2397
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Monitoring**
(1) So long as any action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) remains in effect, the Commission shall monitor developments with respect to the domestic industry, including the progress and specific efforts made by workers and firms in the domestic industry to make a positive adjustment to import competition.
(2) If the initial period during which the action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) is in effect exceeds 3 years, or if an extension of such action exceeds 3 years, the Commission shall submit a report on the results of the monitoring under paragraph (1) to the President and to the Congress not later than the date that is the mid-point of the initial period, and of each such extension, during which the action is in effect.
(3) In the course of preparing each report under paragraph (2), the Commission shall hold a hearing at which interested persons shall be given a reasonable opportunity to be present, to produce evidence, and to be heard.
(4) Upon request of the President, the Commission shall advise the President of its judgment as to the probable economic effect on the industry concerned of any reduction, modification, or termination of the action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) which is under consideration.
**(b) Reduction, modification, and termination of action**
(1) Action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prel
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2271
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Creation of Trust Fund** There is established in the Treasury of the United States a trust fund to be known as the “Agricultural Disaster Relief Trust Fund”, consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section.
**(b) Transfer to Trust Fund**
(1) **In general** — There are appropriated to the Agricultural Disaster Relief Trust Fund amounts equivalent to 3.08 percent of the amounts received in the general fund of the Treasury of the United States during fiscal years 2008 through 2011 attributable to the duties collected on articles entered, or withdrawn from warehouse, for consumption under the Harmonized Tariff Schedule of the United States.
(2) **Amounts based on estimates** — The amounts appropriated under this section shall be transferred at least monthly from the general fund of the Treasury of the United States to the Agricultural Disaster Relief Trust Fund on the basis of estimates made by the Secretary of the Treasury. Proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.
(3) **Limitation on transfers to Agricultural Disaster Relief Trust Fund** — No amount may be appropriated to the Agricultural Disaster Relief Trust Fund on and after the date of any expenditure from the Agricultural Disaster Relief Trust Fund which is not permitted by this section. The determination of whether an expenditure is so permitted shall be made without regard to—
(A) any provision of law which is not contained or referenced in this subchapter or in a revenue Act, and
(B) whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of t
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Subject matter of study** Whenever the International Trade Commission (hereafter referred to in this part as the “Commission”) begins an investigation under [section 2252 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2252&num=0&edition=prelim) with respect to an industry, the Commission shall immediately notify the Secretary of such investigation, and the Secretary shall immediately begin a study of—
(1) the number of workers in the domestic industry producing the like or directly competitive article who have been or are likely to be certified as eligible for adjustment assistance, and
(2) the extent to which the adjustment of such workers to the import competition may be facilitated through the use of existing programs.
**(b) Report; publication** The report of the Secretary of the study under subsection (a) of this section shall be made to the President not later than 15 days after the day on which the Commission makes its report under [section 2252(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2252/f&num=0&edition=prelim). Upon making his report to the President, the Secretary shall also promptly make it public (with the exception of information which the Secretary determines to be confidential) and shall have a summary of it published in the Federal Register.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2291
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2864/c&num=0&edition=prelim). The Secretary shall, whenever appropriate, procure such services through agreements with the States.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** There are authorized to be appropriated to the Department of Labor, for the period beginning October 1, 2001, and ending December 31, 2007,11 See Application of Subsection (a) note below. such sums as may be necessary to carry out the purposes of this part.
**(b) Period of expenditure** Funds obligated for any fiscal year to carry out activities under sections 2295 through 2298 of this title may be expended by each State receiving such funds during that fiscal year and the succeeding two fiscal years.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2319
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 1951, Pub. L. 87–794, title III, § 326, Oct. 11, 1962, 76 Stat. 895, provided for training to prepare workers for full employment. See [section 2295 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2295&num=0&edition=prelim).
Section 1952, Pub. L. 87–794, title III, § 327, Oct. 11, 1962, 76 Stat. 895, provided for disqualification for refusal of training. See [section 2296 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2296&num=0&edition=prelim).
#### Effective Date of Repeal
Repeal effective on 90th day following Jan. 3, 1975, see note set out under [section 1901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1901&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1961 to 1963
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, Pub. L. 93–618, title II, § 235A, as added Pub. L. 111–5, div. B, title I, § 1827(a), Feb. 17, 2009, 123 Stat. 380; as added and amended Pub. L. 112–40, title II, §§ 201(b), (c), 214(b)(1), Oct. 21, 2011, 125 Stat. 403, 405; as added Pub. L. 114–27, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374, was omitted in view of the reversion of this part, effective July 1, 2021, to provisions in effect on Jan. 1, 2014, by section 406 of Pub. L. 114–27, set out as a note preceding [section 2271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2271&num=0&edition=prelim). Prior to omission, section 2295a read as follows: “§ 2295a. Limitations on administrative expenses and employment and case management services “Of the funds made available to a State to carry out sections 2295 through 2298 of this title for a fiscal year, the State shall use— “(1) not more than 10 percent for the administration of the trade adjustment assistance for workers program under this part, including for— “(A) processing waivers of training requirements under [section 2291 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2291&num=0&edition=prelim); “(B) collecting, validating, and reporting data required under this part; and “(C) providing reemployment trade adjustment assistance under [section 2318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2318&num=0&edition=prelim); and “(2) not less than 5 percent for employment and case management services under [section 2295 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2295&num=0&edition=prelim).”
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2297
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Federal law — U.S. Code and appendices · legal_authorities
Page 600
TITLE 19—CUSTOMS DUTIES
§ 2295
law so determined with respect to a separation
of a worker shall remain applicable, for purposes
of the preceding sentence, with respect to such
separation until such worker becomes entitled
to
unemployment
insurance
under
another
State law (whether or not he has filed a claim
for such insurance).
(Pub. L. 93–618, title II, § 234, Jan. 3, 1975, 88 Stat.
2022; Pub. L. 111–5, div. B, title I, § 1825, Feb. 17,
2009, 123 Stat. 378; Pub. L. 112–40, title II,
§§ 201(b), (c), 212(b), Oct. 21, 2011, 125 Stat. 403,
404; Pub. L. 114–27, title IV, § 402(b), (c), June 29,
2015, 129 Stat. 374.)
TERMINATION OF ASSISTANCE
For termination of assistance under this part
after June 30, 2022, see Termination Date note
below.
Editorial Notes
CODIFICATION
Section reflects the July 1, 2021, reversion to provi-
sions in effect on Jan. 1, 2014. See Effective and Termi-
nation Dates of 2015 Revival note below.
Section 233 of Pub. L. 112–40, which provided for the
Jan. 1, 2014, revival of this section as in effect on Feb.
13, 2011, was repealed by Pub. L. 114–27, title IV, § 402(a),
June 29, 2015, 129 Stat. 374, and the provisions of this
section, as in effect on Dec. 31, 2013, were temporarily
revived, effective June 29, 2015, until July 1, 2021, by
Pub. L. 114–27, §§ 402(b), (c), 406. See 2011 and 2015
Amendment notes, Effective and Termination Dates of
2011 Revival notes, and Effective and Termination
Dates of 2015 Revival notes below.
Section 1893 of Pub. L. 111–5, which provided for Feb.
13, 2011, termination of amendment by Pub. L. 111–5,
was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21,
2011, 125 Stat. 403, and the provisions of this section, as
amended by Pub. L. 111—5 and as in effect on Feb. 12,
201
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 2295
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