19 U.S.C. § 2291 — Qualifying requirements for workers

Page 590 TITLE 19—CUSTOMS DUTIES § 2291 force with respect to the United States (Jan. 1, 1994), see section 506(a) of Pub. L. 103–182, formerly set out as a note under section 2271 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–418 effective on date that is 30 days after Aug. 23, 1988, see section 1430(e) of Pub. L. 100–418, set out as an Effective Date note under sec- tion 2397 of this title. EFFECTIVE DATE AND TRANSITION PROVISIONS Section effective Aug. 13, 1981, with transition provi- sions applicable, see section 2514 of Pub. L. 97–35, set out as an Effective Date of 1981 Amendment note under section 2291 of this title. TERMINATION DATE No trade adjustment assistance, vouchers, allow- ances, or other payments or benefits may be provided under this part after June 30, 2022, except as otherwise provided, see section 285 of Pub. L. 93–618, as modified by section 406(a)(7) of Pub. L. 114–27, set out as notes preceding section 2271 of this title. SUBPART B—PROGRAM BENEFITS Division I—Trade Readjustment Allowances § 2291. Qualifying requirements for workers (a) Trade readjustment allowance conditions Payment of a trade readjustment allowance shall be made to an adversely affected worker covered by a certification under subpart A who files an application for such allowance for any week of unemployment which begins more than 60 days after the date on which the petition that resulted in such certification was filed under section 2271 of this title, if the following condi- tions are met: (1) Such worker’s total or partial separation before his application under this part oc- curred— (A) on or after the date, as specified in the certification under which he is covered, on which total or partial separation began or threatened to begin in the adversely affected employment, (B) before the expiration of the 2-year pe- riod beginning on the date on which the de- termination under section 2273 of this title was made, and (C) before the termination date (if any) de- termined pursuant to section 2273(d) of this title. (2) Such worker had, in the 52-week period ending with the week in which such total or partial separation occurred, at least 26 weeks of employment at wages of $30 or more a week in adversely affected employment with a sin- gle firm or subdivision of a firm, or, if data with respect to weeks of employment with a firm are not available, equivalent amounts of employment computed under regulations pre- scribed by the Secretary. For the purposes of this paragraph, any week in which such work- er— (A) is on employer-authorized leave for purposes of vacation, sickness, injury, ma- ternity, or inactive duty or active duty mili- tary service for training, (B) does not work because of a disability that is compensable under a workmen’s com- pensation law or plan of a State or the United States, (C) had his employment interrupted in order to serve as a full-time representative of a labor organization in such firm or sub- division, or (D) is on call-up for purposes of active duty in a reserve status in the Armed Forces of the United States, provided such active duty is ‘‘Federal service’’ as defined in sec- tion 8521(a)(1) of title 5, shall be treated as a week of employment at wages of $30 or more, but not more than 7 weeks, in case of weeks described in subpara- graph (A) or (C), or both (and not more than 26 weeks, in the case of weeks described in sub- paragraph (B) or (D)), may be treated as weeks of employment under this sentence. (3) Such worker— (A) was entitled to (or would be entitled to if he applied therefor) unemployment insur- ance for a week within the benefit period (i) in which such total or partial separation took place, or (ii) which began (or would have begun) by reason of the filing of a claim for unemployment insurance by such worker after such total or partial separa- tion; (B) has exhausted all rights to any unem- ployment insurance, except additional com- pensation that is funded by a State and is not reimbursed from any Federal funds, to which he was entitled (or would be entitled if he applied therefor); and (C) does not have an unexpired waiting pe- riod applicable to him for any such unem- ployment insurance. (4) Such worker, with respect to such week of unemployment, would not be disqualified for extended compensation payable under the Federal-State Extended Unemployment Com- pensation Act of 1970 by reason of the work ac- ceptance and job search requirements in sec- tion 202(a)(3) of such Act. (5) Such worker— (A)(i) is enrolled in a training program ap- proved by the Secretary under section 2296(a) of this title, and (ii) the enrollment required under clause (i) occurs no later than the latest of— (I) the last day of the 16th week after the worker’s most recent total separation from adversely affected employment which meets the requirements of paragraphs (1) and (2), (II) the last day of the 8th week after the week in which the Secretary issues a cer- tification covering the worker, (III) 45 days after the later of the dates specified in subclause (I) or (II), if the Sec- retary determines there are extenuating circumstances that justify an extension in the enrollment period, or (IV) the last day of a period determined by the Secretary to be approved for enroll- ment after the termination of a waiver issued pursuant to subsection (c), (B) has, after the date on which the worker became totally separated, or partially sepa- rated, from the adversely affected employ- Page 591 TITLE 19—CUSTOMS DUTIES § 2291 1 See Application of Subsection (c)(1) note below. ment, completed a training program ap- proved by the Secretary under section 2296(a) of this title, or (C) has received a written statement under subsection (c)(1) after the date described in subparagraph (B). (b) Withholding of trade readjustment allowance pending beginning or resumption of partici- pation in training program; period of appli- cability (1) If— (A) the Secretary determines that— (i) the adversely affected worker— (I) has failed to begin participation in the training program the enrollment in which meets the requirement of subsection (a)(5), or (II) has ceased to participate in such training program before completing such training program, and (ii) there is no justifiable cause for such failure or cessation, or (B) the certification made with respect to such worker under subsection (c)(1) is revoked under subsection (c)(2), no trade readjustment allowance may be paid to the adversely affected worker under this divi- sion for the week in which such failure, ces- sation, or revocation occurred, or any suc- ceeding week, until the adversely affected work- er begins or resumes participation in a training program approved under section 2296(a) of this title. (2) The provisions of subsection (a)(5) and paragraph (1) shall not apply with respect to any week of unemployment which begins— (A) after the date that is 60 days after the date on which the petition that results in the certification that covers the worker is filed under section 2271 of this title, and (B) before the first week following the week in which such certification is made under sub- part A of this part. (c) Waivers of training requirements (1) 1 Issuance of waivers The Secretary may issue a written state- ment to an adversely affected worker waiving the requirement to be enrolled in training de- scribed in subsection (a)(5)(A) if the Secretary determines that it is not feasible or appro- priate for the worker, because of 1 or more of the following reasons: (A) Recall The worker has been notified that the worker will be recalled by the firm from which the separation occurred. (B) Marketable skills The worker possesses marketable skills for suitable employment (as determined pursu- ant to an assessment of the worker, which may include the profiling system under sec- tion 303(j) of the Social Security Act (42 U.S.C. 503(j)), carried out in accordance with guidelines issued by the Secretary) and there is a reasonable expectation of employ- ment at equivalent wages in the foreseeable future. (C) Retirement The worker is within 2 years of meeting all requirements for entitlement to either— (i) old-age insurance benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.) (except for application therefor); or (ii) a private pension sponsored by an employer or labor organization. (D) Health The worker is unable to participate in training due to the health of the worker, ex- cept that a waiver under this subparagraph shall not be construed to exempt a worker from requirements relating to the avail- ability for work, active search for work, or refusal to accept work under Federal or State unemployment compensation laws. (E) Enrollment unavailable The first available enrollment date for the approved training of the worker is within 60 days after the date of the determination made under this paragraph, or, if later, there are extenuating circumstances for the delay in enrollment, as determined pursuant to guidelines issued by the Secretary. (F) Training not available Training approved by the Secretary is not reasonably available to the worker from ei- ther governmental agencies or private sources (which may include area career and technical education schools, as defined in section 2302 of title 20, and employers), no training that is suitable for the worker is available at a reasonable cost, or no training funds are available. (2) Duration of waivers (A) In general A waiver issued under paragraph (1) shall be effective for not more than 6 months after the date on which the waiver is issued, un- less the Secretary determines otherwise. (B) Revocation The Secretary shall revoke a waiver issued under paragraph (1) if the Secretary deter- mines that the basis of a waiver is no longer applicable to the worker and shall notify the worker in writing of the revocation. (3) Agreements under section 2311 (A) Issuance by cooperating States Pursuant to an agreement under section 2311 of this title, the Secretary may author- ize a cooperating State to issue waivers as described in paragraph (1). (B) Submission of statements An agreement under section 2311 of this title shall include a requirement that the co- operating State submit to the Secretary the written statements provided under para- graph (1) and a statement of the reasons for the waiver. (Pub. L. 93–618, title II, § 231, Jan. 3, 1975, 88 Stat. 2020; Pub. L. 97–35, title XXV, § 2503, Aug. 13, Page 592 TITLE 19—CUSTOMS DUTIES § 2291 1981, 95 Stat. 881; Pub. L. 99–272, title XIII, § 13003(a)(1), (2), (b), Apr. 7, 1986, 100 Stat. 300, 301; Pub. L. 100–418, title I, § 1423(a)(1)–(3), Aug. 23, 1988, 102 Stat. 1244, 1245; Pub. L. 102–318, title I, § 106(a), July 3, 1992, 106 Stat. 294; Pub. L. 107–210, div. A, title I, §§ 114, 115, Aug. 6, 2002, 116 Stat. 939; Pub. L. 109–270, § 2(b)(1), Aug. 12, 2006, 120 Stat. 746; Pub. L. 111–5, div. B, title I, §§ 1801(e)(3), 1821(a)–(c)(1), 1858(b), Feb. 17, 2009, 123 Stat. 371, 375, 376, 395; Pub. L. 112–40, title II, §§ 201(b), (c), 212(a), 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 REFERENCES IN TEXT The Federal-State Extended Unemployment Com- pensation Act of 1970, referred to in subsec. (a)(4), is title II of Pub. L. 91–373, Aug. 10, 1970, 84 Stat. 708, which is set out as a note under section 3304 of Title 26, Internal Revenue Code. For complete classification of this Act to the Code, see Tables. The Social Security Act, referred to in subsec. (c)(1)(C)(i), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. 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, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See 2009 and 2011 Amendment notes, Effective and Termi- nation Dates of 2009 Amendment notes, and Effective and Termination Dates of 2011 Revival notes below. AMENDMENTS 2015—Pub. L. 114–27, §§ 402(b), (c), 406, temporarily re- vived the provisions of this section, as in effect on Dec. 31, 2013. See Codification note above and 2011 Amend- ment and Effective and Termination Dates of 2015 Re- vival notes below. 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- vived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 Amend- ment and Effective and Termination Dates of 2011 Re- vival notes below. Subsec. (c)(1). Pub. L. 112–40, §§ 212(a)(1), 233, tempo- rarily redesignated subpars. (D) to (F) as (A) to (C), re- spectively, and temporarily struck out former subpars. (A) to (C) which provided reasons for waiver of training requirement based on worker’s recall by the firm from which the separation occurred, possession of market- able skills, and entitlement to retire within 2 years. See Codification note above and Effective and Termi- nation Dates of 2011 Revival note below. Subsec. (c)(3)(B). Pub. L. 112–40, §§ 212(a)(2), 233, tem- porarily substituted ‘‘or (C)’’ for ‘‘(D), (E), or (F)’’ in in- troductory provisions. See Codification note above and Effective and Termination Dates of 2011 Revival note below. 2009—Subsec. (a). Pub. L. 111–5, §§ 1821(c)(1)(A), 1893, temporarily substituted ‘‘on or after the date of such certification’’ for ‘‘more than 60 days after the date on which the petition that resulted in such certification was filed under section 2271 of this title’’ in introduc- tory provisions. See Codification note above and Effec- tive and Termination Dates of 2009 Amendment note below. Subsec. (a)(1). Pub. L. 111–5, §§ 1858(b)(1)(A), 1893, tem- porarily substituted ‘‘the worker’s application’’ for ‘‘his application’’ in introductory provisions. See Codi- fication note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (a)(1)(A). Pub. L. 111–5, §§ 1858(b)(1)(B), 1893, temporarily substituted ‘‘the worker is covered’’ for ‘‘he is covered’’. See Codification note above and Effec- tive and Termination Dates of 2009 Amendment note below. Subsec. (a)(2). Pub. L. 111–5, §§ 1801(e)(3)(A), 1893, tem- porarily struck out ‘‘or subdivision of a firm’’ after ‘‘single firm’’ in introductory provisions. See Codifica- tion note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (a)(2)(A). Pub. L. 111–5, §§ 1858(b)(2)(A), 1893, which directed the temporary substitution of a comma for a period, could not be executed because a period did not appear. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (a)(2)(C). Pub. L. 111–5, §§ 1801(e)(3)(B), 1893, temporarily struck out ‘‘or subdivision’’ after ‘‘such firm’’. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (a)(2)(D). Pub. L. 111–5, §§ 1858(b)(2)(B), 1893, temporarily made technical amendment to reference in original act which appears in text as reference to sec- tion 8521(a)(1) of title 5. See Codification note above and Effective and Termination Dates of 2009 Amend- ment note below. Subsec. (a)(3)(A). Pub. L. 111–5, §§ 1858(b)(3)(A), 1893, temporarily substituted ‘‘the worker’’ for ‘‘he’’. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (a)(3)(B). Pub. L. 111–5, §§ 1858(b)(3)(A), 1893, temporarily substituted ‘‘the worker’’ for ‘‘he’’ in two places. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (a)(3)(C). Pub. L. 111–5, §§ 1858(b)(3)(B), 1893, temporarily substituted ‘‘the worker’’ for ‘‘him’’. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (a)(5)(A)(ii)(I), (II). Pub. L. 111–5, §§ 1821(a)(1), 1893, temporarily added subcls. (I) and (II) and struck out former subcls. (I) and (II) which read as follows: ‘‘(I) the last day of the 16th week after the worker’s most recent total separation from adversely affected employment which meets the requirements of para- graphs (1) and (2), ‘‘(II) the last day of the 8th week after the week in which the Secretary issues a certification covering the worker,’’. See Codification note above and Effective and Termi- nation Dates of 2009 Amendment note below. Subsec. (a)(5)(A)(ii)(III). Pub. L. 111–5, §§ 1821(a)(2)(A), 1893, temporarily substituted ‘‘date specified in sub- clause (I) or (II), as the case may be’’ for ‘‘later of the dates specified in subclause (I) or (II)’’. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (a)(5)(A)(ii)(IV), (V). Pub. L. 111–5, §§ 1821(a)(2)(B)–(4), 1893, temporarily added subcl. (IV) and redesignated former subcl. (IV) as (V). See Codi- fication note above and Effective and Termination Dates of 2009 Amendment note below. Page 593 TITLE 19—CUSTOMS DUTIES § 2291 Subsec. (b). Pub. L. 111–5, §§ 1821(c)(1)(B), 1893, tempo- rarily struck out par. (1) designation before ‘‘If—’’, re- designated subpars. (A) and (B) of former par. (1) as pars. (1) and (2), respectively, redesignated cls. (i) and (ii) of former par. (1)(A) as subpars. (A) and (B), respec- tively, redesignated subcls. (I) and (II) of former par. (1)(A)(i) as cls. (i) and (ii), respectively, and struck out former par. (2) which read as follows: ‘‘The provisions of subsection (a)(5) of this section and paragraph (1) shall not apply with respect to any week of unemploy- ment which begins— ‘‘(A) after the date that is 60 days after the date on which the petition that results in the certification that covers the worker is filed under section 2271 of this title, and ‘‘(B) before the first week following the week in which such certification is made under subpart A of this part.’’ See Codification note above and Effective and Termi- nation Dates of 2009 Amendment note below. Subsec. (c)(1)(B). Pub. L. 111–5, §§ 1821(b)(1), 1893, tem- porarily designated existing provisions as cl. (i), in- serted heading, and added cl. (ii). See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (c)(2)(A). Pub. L. 111–5, §§ 1821(b)(2), 1893, tem- porarily substituted ‘‘Except as provided in paragraph (3)(B), a waiver’’ for ‘‘A waiver’’. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (c)(3)(A). Pub. L. 111–5, §§ 1821(b)(3)(A), 1893, temporarily substituted ‘‘An agreement under section 2311 of this title shall authorize a’’ for ‘‘Pursuant to an agreement under section 2311 of this title, the Sec- retary may authorize a’’. See Codification note above and Effective and Termination Dates of 2009 Amend- ment note below. Subsec. (c)(3)(B), (C). Pub. L. 111–5, §§ 1821(b)(3)(B), (C), 1893, temporarily added subpar. (B) and redesignated former subpar. (B) as (C). See Codification note above and Effective and Termination Dates of 2009 Amend- ment note below. 2006—Subsec. (c)(1)(F). Pub. L. 109–270 substituted ‘‘area career and technical education schools’’ for ‘‘area vocational education schools’’ and made technical amendment to reference in original act which appears in text as reference to section 2302 of title 20. 2002—Subsec. (a)(3)(B). Pub. L. 107–210, § 114(a), in- serted ‘‘, except additional compensation that is fund- ed by a State and is not reimbursed from any Federal funds,’’ after ‘‘any unemployment insurance’’. Subsec. (a)(5)(A). Pub. L. 107–210, § 114(b), designated existing provisions as cl. (i) and added cl. (ii). Subsec. (a)(5)(C). Pub. L. 107–210, § 115(b), struck out ‘‘certified’’ after ‘‘statement’’. Subsec. (c). Pub. L. 107–210, § 115(a), inserted heading and amended text generally, substituting provisions re- lating to issuance and duration of waivers of training requirements for provisions relating to approval of training programs, written certifications, revocation, and reports. 1992—Subsec. (a)(2). Pub. L. 102–318 added subpar. (D) and substituted ‘‘subparagraph (A) or (C), or both (and not more than 26 weeks, in the case of weeks described in subparagraph (B) or (D))’’ for ‘‘paragraph (A) or (C), or both’’ in closing provisions. 1988—Subsec. (a)(5). Pub. L. 100–418, § 1423(a)(1), amended par. (5) generally. Prior to amendment, par. (5) read as follows: ‘‘Such worker, unless the Secretary has determined that no acceptable job search program is reasonably available— ‘‘(A) is enrolled in a job search program approved by the Secretary under section 2297(c) of this title, or ‘‘(B) has, after the date on which the worker be- came totally separated, or partially separated, from the adversely affected employment, completed a job search program approved by the Secretary under sec- tion 2297(c) of this title.’’ Subsec. (b). Pub. L. 100–418, § 1423(a)(2), amended sub- sec. (b) generally, substituting provisions relating to withholding of trade readjustment allowance pending beginning or resumption of participation in training program, and period of applicability, for provisions re- lating to mandatory training or job-search. Subsec. (c). Pub. L. 100–418, § 1423(a)(3), amended sub- sec. (c) generally, substituting provisions relating to approval of training programs, written certifications, revocation of certification, and annual report, for pro- visions relating to withholding of trade readjustment allowance pending beginning or resumption of partici- pation in job search program. 1986—Subsec. (a)(2). Pub. L. 99–272, § 13003(b), sub- stituted provisions restricting to no more than 7 the number of weeks to be treated as weeks of employment under this sentence for provisions designated as clauses (i) to (iii), limiting the weeks that may be treated as weeks of employment to 3, 7, and 7, respectively, under certain conditions. Subsec. (a)(5). Pub. L. 99–272, § 13003(a)(1), added par. (5). Subsec. (c). Pub. L. 99–272, § 13003(a)(2), added subsec. (c). 1981—Pub. L. 97–35 designated existing provisions as subsec. (a), substituted provisions respecting applica- bility of date upon which petition was filed for provi- sions respecting applicability of date specified in cer- tification under section 2273(a) of this title, substan- tially revised and reorganized conditions by, among other changes, adding pars. (3) and (4), and added sub- sec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 2015 REVIVAL For revival and applicability, beginning on June 29, 2015, of the provisions of this section as in effect on Dec. 31, 2013, see section 402(b), (c) of Pub. L. 114–27, set out as a note preceding section 2271 of this title. For reversion, beginning on July 1, 2021, to the provi- sions of this section as in effect on Jan. 1, 2014, 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 a note preceding section 2271 of this title. EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL For revival and applicability, beginning on Oct. 21, 2011, of the provisions of this section as in effect on Feb. 12, 2011, see section 201(b), (c) of Pub. L. 112–40, set out as a note preceding section 2271 of this title. Section 233 of Pub. L. 112–40, formerly set out as a note preceding section 2271 of this title, which provided for the reversion, beginning on Jan. 1, 2014, of the provi- sions of this section to those in effect on Feb. 13, 2011, subject to certain exceptions, was repealed by Pub. L. 114–27, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effec- tive June 29, 2015. See Codification note above. EFFECTIVE AND TERMINATION DATES OF 2009 AMENDMENT 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 begin- ning 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 ap- plicable 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 Codifica- tion note above. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–210 applicable to petitions for certification filed under this part or part 3 of this subchapter on or after the date that is 90 days after Page 594 TITLE 19—CUSTOMS DUTIES § 2291 Aug. 6, 2002, except as otherwise provided, see section 151 of Pub. L. 107–210, set out as a note preceding sec- tion 2271 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–318, title I, § 106(b), July 3, 1992, 106 Stat. 295, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall apply to weeks beginning after August 1, 1990.’’ EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–418 effective on date that is 90 days after Aug. 23, 1988, see section 1430(f) of Pub. L. 100–418, set out as an Effective Date note under sec- tion 2397 of this title. EFFECTIVE DATE OF 1986 AMENDMENT; APPLICATION OF GRAMM-RUDMAN Pub. L. 99–272, title XIII, § 13009, Apr. 7, 1986, 100 Stat. 305, provided that: ‘‘(a) IN GENERAL.—Except as provided in subsections (b) and (c), the amendments made by this part [part 1 (§§ 13001–13009) of subtitle A, amending this section, sec- tions 2271, 2272, 2292, 2293, 2296, 2297, 2311, 2317, 2319, 2341 to 2344, and 2346 of this title, and provisions set out as a note preceding section 2271 of this title] shall take ef- fect on the date of the enactment of this Act [Apr. 7, 1986]. ‘‘(b) JOB SEARCH PROGRAM REQUIREMENTS.—The amendments made by section 13003(a) [amending this section and section 2311 of this title] apply with respect to workers covered by petitions filed under section 221 of the Trade Act of 1974 [section 2271 of this title] on or after the date of the enactment of this Act [Apr. 7, 1986]. ‘‘(c) EXTENSION AND AUTHORIZATION.—Chapters 2 and 3 of title II of the Trade Act of 1974 (19 U.S.C. 2271, et seq.) [parts 2 and 3 of this subchapter] shall be applied as if the amendments made by sections 13007 and 13008 [amending sections 2317 and 2346 of this title and provi- sions set out as a note preceding section 2271 of this title] had taken effect on December 18, 1985. ‘‘(d) APPLICATION OF GRAMM-RUDMAN.—Trade read- justment allowances payable under part I [of sub- chapter B] of chapter 2 of title II of the Trade Act of 1974 [19 U.S.C. 2291 et seq.] for the period from March 1, 1986, and until October 1, 1986, shall be reduced by a per- centage equal to the non-defense sequester percentage applied in the Sequestration Report (submitted under the Balanced Budget and Emergency Deficit Control Act of 1985 [see Short Title note set out under section 900 of Title 2, The Congress] and dated January 21, 1986) of the Comptroller General of the United States for fis- cal year 1986.’’ EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION PROVISIONS Pub. L. 97–35, title XXV, § 2514, Aug. 13, 1981, 95 Stat. 889, as amended by Pub. L. 97–362, title II, § 204, Oct. 24, 1982, 96 Stat. 1733, provided that: ‘‘(a)(1) Except as provided in paragraph (2), this sub- title [enacting section 2275 of this title, amending this section and sections 2272, 2274, 2292, 2293, 2296, 2297, 2298, 2311, 2313, 2315, 2317, and 2319 of this title, repealing sec- tion 2318 of this title, enacting provisions set out as a note under section 2292 of this title, and amending pro- visions set out as a note preceding section 2271 of this title and under section 3304 of Title 26, Internal Rev- enue Code] shall take effect on the date of the enact- ment of this Act [Aug. 13, 1981]. ‘‘(2)(A) The amendments made by section 2501 [amending section 2272 of this title] shall apply with re- spect to all petitions for certification filed under sec- tion 221 of the Trade Act of 1974 [section 2271 of this title] on or after October 1, 1983. ‘‘(B) The amendments made by sections 2503, 2504, 2505, and 2511 [amending this section, sections 2292, 2293, and 2319 of this title, and provisions set out as a note under section 3304 of Title 26, Internal Revenue Code] shall apply with respect to trade readjustment allow- ances payable for weeks of unemployment which begin after September 30, 1981. ‘‘(C) The amendments made by sections 2506, 2507, and 2508 [amending sections 2296, 2297, and 2298 of this title] shall take effect with respect to determinations regard- ing training and applications for allowances under sec- tions 236, 237, and 238 of the Trade Act of 1974 [sections 2296, 2297, and 2298 of this title] that are made or filed after September 30, 1981. ‘‘(D)(i) Except as otherwise provided in clause (ii), the provisions of sections 233(d) and 236(a)(2) of the Trade Act of 1974 (as amended by this Act) [former subsec. (d), now (c), of section 2293 of this title and section 2296(a)(2) of this title], and the provisions of section 204(a)(2)(C) of the Federal-State Extended Unemploy- ment Compensation Act of 1970 (as added by this Act) [set out as a note under section 3304 of Title 26] shall apply to State unemployment compensation laws for purposes of certifications under section 3304(c) of the Internal Revenue Code of 1954 [section 3304(c) of Title 26] on October 31, of any taxable year after 1981. ‘‘(ii) In the case of any State the legislature of which— ‘‘(I) does not meet in a session which begins after the date of the enactment of this Act [Aug. 13, 1981] and prior to September 1, 1982, and ‘‘(II) if in session on the date of the enactment of this Act, does not remain in session for a period of at least 25 calendar days, the date ‘1981’ in clause (i) shall be deemed to be ‘1982’. ‘‘(b) An adversely affected worker who is receiving or is entitled to receive payments of trade readjustment allowances under chapter 2 of the Trade Act of 1974 [this part] for weeks of unemployment beginning before October 1, 1981, shall be entitled to receive— ‘‘(1) with respect to weeks of unemployment begin- ning before October 1, 1981, payments of trade read- justment allowances determined under such chapter 2 without regard to the amendments made by this sub- title; and ‘‘(2) with respect to weeks of unemployment begin- ning after September 30, 1981, payments of trade read- justment allowances as determined under such chap- ter 2 as amended by this subtitle, except that the maximum amount of trade readjustment allowances payable to such an individual for such weeks of un- employment shall be an amount equal to the product of the trade readjustment allowance payable to the individual for a week of total unemployment (as de- termined under section 232(a) as so amended [section 2292(a) of this title]) multiplied by a factor deter- mined by subtracting from fifty-two the sum of— ‘‘(A) the number of weeks preceding the first week which begins after September 30, 1981, and which are within the period covered by the same certification under such chapter 2 as such week of unemployment, for which the individual was enti- tled to a trade readjustment allowance or unem- ployment insurance, or would have been entitled to such allowance or unemployment insurance if he had applied therefor, and ‘‘(B) the number of weeks preceding such first week that are deductible under section 232(d) (as in effect before the amendments made by section 2504) [section 2392(d) of this title]; except that the amount of trade readjustment allow- ances payable to an adversely affected worker under this paragraph shall be subject to adjustment on a week-to-week basis as may be required by section 232(b) [section 2392(b) of this title].’’ TERMINATION DATE No trade adjustment assistance, vouchers, allow- ances, or other payments or benefits may be provided under this part after June 30, 2022, except as otherwise provided, see section 285 of Pub. L. 93–618, as modified by section 406(a)(7) of Pub. L. 114–27, set out as notes preceding section 2271 of this title. Page 595 TITLE 19—CUSTOMS DUTIES § 2292 APPLICATION OF SUBSECTION (c)(1) Subsection (c)(1) of this section to be applied and ad- ministered as if subparagraphs (A), (B), and (C) were not in effect, see section 406(a)(1) of Pub. L. 114–27, set out in an Effective and Termination Dates of 2015 Re- vival note preceding section 2271 of this title. § 2292. Weekly amounts (a) Formula Subject to subsections (b) and (c), the trade re- adjustment allowance payable to an adversely affected worker for a week of total unemploy- ment shall be an amount equal to the most re- cent weekly benefit amount of the unemploy- ment insurance payable to the worker for a week of total unemployment preceding the worker’s first exhaustion of unemployment in- surance (as determined for purposes of section 2291(a)(3)(B) of this title) reduced (but not below zero) by— (1) any training allowance deductible under subsection (c); and (2) income that is deductible from unemploy- ment insurance under the disqualifying in- come provisions of the applicable State law or Federal unemployment insurance law. (b) Adversely affected workers who are under- going training Any adversely affected worker who is entitled to trade readjustment allowances and who is un- dergoing training approved by the Secretary shall receive for each week in which he is under- going any such training, a trade readjustment allowance in an amount (computed for such week) equal to the amount computed under sub- section (a) or (if greater) the amount of any weekly allowance for such training to which he would be entitled under any other Federal law for the training of workers, if he applied for such allowance. Such trade readjustment allow- ance shall be paid in lieu of any training allow- ance to which the worker would be entitled under such other Federal law. (c) Deduction from total number of weeks of al- lowance entitlement If a training allowance under any Federal law other than this chapter is paid to an adversely affected worker for any week of unemployment with respect to which he would be entitled (de- termined without regard to any disqualification under section 2291(b) of this title) to a trade re- adjustment allowance if he applied for such al- lowance, each such week shall be deducted from the total number of weeks of trade readjustment allowance otherwise payable to him under sec- tion 2293(a) of this title when he applies for a trade readjustment allowance and is determined to be entitled to such allowance. If such training allowance paid to such worker for any week of unemployment is less than the amount of the trade readjustment allowance to which he would be entitled if he applied for such allowance, he shall receive, when he applies for a trade read- justment allowance and is determined to be en- titled to such allowance, a trade readjustment allowance for such week equal to such dif- ference. (Pub. L. 93–618, title II, § 232, Jan. 3, 1975, 88 Stat. 2021; Pub. L. 97–35, title XXV, § 2504(a), Aug. 13, 1981, 95 Stat. 883; Pub. L. 99–272, title XIII, § 13003(c), Apr. 7, 1986, 100 Stat. 301; Pub. L. 100–418, title I, § 1423(b), Aug. 23, 1988, 102 Stat. 1246; Pub. L. 111–5, div. B, title I, § 1822, Feb. 17, 2009, 123 Stat. 377; Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; 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 REFERENCES IN TEXT This chapter, referred to in subsec. (c), was in the original ‘‘this Act’’, meaning Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see References in Text note set out under section 2101 of this title and Tables. 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, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See 2009 and 2011 Amendment notes, Effective and Termi- nation Dates of 2009 Amendment notes, and Effective and Termination Dates of 2011 Revival notes below. AMENDMENTS 2015—Pub. L. 114–27, §§ 402(b), (c), 406, temporarily re- vived the provisions of this section, as in effect on Dec. 31, 2013. See Codification note above and 2011 Amend- ment and Effective and Termination Dates of 2015 Re- vival notes below. 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- vived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 Amend- ment and Effective and Termination Dates of 2011 Re- vival notes below. 2009—Subsec. (a). Pub. L. 111–5, §§ 1822(1)(A), (B), 1893, temporarily substituted ‘‘unemployment shall’’ for ‘‘total unemployment shall’’ and ‘‘subsections (b), (c), and (d)’’ for ‘‘subsections (b) and (c)’’ in introductory provisions. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (a)(2). Pub. L. 111–5, §§ 1822(1)(C), 1893, tempo- rarily inserted ‘‘, except that in the case of an ad- versely affected worker who is participating in training under this part, such income shall not include earnings from work for such week that are equal to or less than the most recent weekly benefit amount of the unem- ployment insurance payable to the worker for a week of total unemployment preceding the worker’s first ex- haustion of unemployment insurance (as determined for purposes of section 2291(a)(3)(B) of this title)’’ before period. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.