19 U.S.C. § 2319 — Definitions

Page 620 TITLE 19—CUSTOMS DUTIES § 2319 2010—Subsec. (b)(1). Pub. L. 111–344 substituted ‘‘Feb- ruary 12, 2011’’ for ‘‘December 31, 2010’’. See Codifica- tion note above. 2009—Pub. L. 111–5, §§ 1841(a)(1), 1893, temporarily sub- stituted ‘‘Reemployment trade adjustment assistance program’’ for ‘‘Demonstration project for alternative trade adjustment assistance for older workers’’ in sec- tion catchline. See Codification note above and Effec- tive and Termination Dates of 2009 Amendment note below. Subsec. (a)(1). Pub. L. 111–5, §§ 1841(a)(2)(A), 1893, tem- porarily substituted ‘‘The Secretary’’ for ‘‘Not later than 1 year after August 6, 2002, the Secretary’’ and ‘‘a reemployment trade adjustment assistance program’’ for ‘‘an alternative trade adjustment assistance pro- gram for older workers’’. See Codification note above and Effective and Termination Dates of 2009 Amend- ment note below. Subsec. (a)(2)(A). Pub. L. 111–5, §§ 1841(a)(2)(B)(i)(I), 1893, temporarily substituted ‘‘for the eligibility period under subparagraph (A) or (B) of paragraph (4) (as the case may be)’’ for ‘‘for a period not to exceed 2 years’’ in introductory provisions. See Codification note above and Effective and Termination Dates of 2009 Amend- ment note below. Subsec. (a)(2)(A)(i), (ii). Pub. L. 111–5, §§ 1841(a)(2)(B)(i)(II), 1893, temporarily added cls. (i) and (ii) and struck out former cls. (i) and (ii) which read as follows: ‘‘(i) the wages received by the worker from reemploy- ment; and ‘‘(ii) the wages received by the worker at the time of separation.’’ See Codification note above and Effective and Termi- nation Dates of 2009 Amendment note below. Subsec. (a)(2)(B). Pub. L. 111–5, §§ 1841(a)(2)(B)(ii), 1893, temporarily substituted ‘‘for the eligibility period under subparagraph (A) or (B) of paragraph (4) (as the case may be)’’ for ‘‘for a period not to exceed 2 years’’ and struck out ‘‘, as added by section 201 of the Trade Act of 2002’’ before period. See Codification note above and Effective and Termination Dates of 2009 Amend- ment note below. Subsec. (a)(2)(C). Pub. L. 111–5, §§ 1841(a)(2)(B)(iii), 1893, temporarily added subpar. (C). See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (a)(3) to (7). Pub. L. 111–5, §§ 1841(a)(2)(C), 1893, temporarily added pars. (3) to (7) and struck out former pars. (3) to (5) which related to eligibility, total amount of payments, and limitation on other benefits, respectively. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (b)(1). Pub. L. 111–5, §§ 1841(b), 1893, tempo- rarily substituted ‘‘December 31, 2010.’’ for ‘‘the date that is 5 years after the date on which such program is implemented by the State.’’ See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (b)(2). Pub. L. 111–5, §§ 1841(a)(3), 1893, tempo- rarily substituted ‘‘subsection (a)(3)’’ for ‘‘subsection (a)(3)(B)’’. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. 2004—Subsec. (a)(3)(B)(iii). Pub. L. 108–429, § 2004(a)(7)(A), struck out ‘‘and’’ after semicolon. Subsec. (a)(5). Pub. L. 108–429, § 2004(a)(7)(B), sub- stituted ‘‘paragraph (2)(B)’’ for ‘‘section 2298(a)(2)(B) of this title’’. Subsec. (b)(2). Pub. L. 108–429, § 2004(a)(7)(C), sub- stituted ‘‘if’’ for ‘‘provided that’’. 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 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 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 Section 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 Aug. 6, 2002, except as oth- erwise provided, see section 151 of Pub. L. 107–210, set out as an Effective Date of 2002 Amendment note pre- ceding section 2271 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) of Pub. L. 114–27, set out as notes pre- ceding section 2271 of this title. APPLICATION OF SUBSECTION (b)(1) Subsection (b)(1) of this section to be applied and ad- ministered by substituting ‘‘June 30, 2022’’ for ‘‘the date that is 5 years’’ and all that follows through ‘‘State’’, see section 406(a)(4) of Pub. L. 114–27, set out in an Ef- fective and Termination Dates of 2015 Revival note pre- ceding section 2271 of this title. § 2319. Definitions For purposes of this part— (1) The term ‘‘adversely affected employ- ment’’ means employment in a firm or appro- priate subdivision of a firm, if workers of such firm or subdivision are eligible to apply for ad- justment assistance under this part. (2) The term ‘‘adversely affected worker’’ means an individual who, because of lack of work in adversely affected employment— (A) has been totally or partially separated from such employment, or Page 621 TITLE 19—CUSTOMS DUTIES § 2319 (B) has been totally separated from em- ployment with the firm in a subdivision of which such adversely affected employment exists. (3) Repealed. Pub. L. 97–35, title XXV, § 2511(1), Aug. 13, 1981, 95 Stat. 888. (4) The term ‘‘average weekly wage’’ means one-thirteenth of the total wages paid to an individual in the high quarter. For purposes of this computation, the high quarter shall be that quarter in which the individual’s total wages were highest among the first 4 of the last 5 completed calendar quarters imme- diately before the quarter in which occurs the week with respect to which the computation is made. Such week shall be the week in which total separation occurred, or, in cases where partial separation is claimed, an appropriate week, as defined in regulations prescribed by the Secretary. (5) The term ‘‘average weekly hours’’ means the average hours worked by the individual (excluding overtime) in the employment from which he has been or claims to have been sepa- rated in the 52 weeks (excluding weeks during which the individual was sick or on vacation) preceding the week specified in the last sen- tence of paragraph (4). (6) The term ‘‘partial separation’’ means, with respect to an individual who has not been totally separated, that he has had— (A) his hours of work reduced to 80 percent or less of his average weekly hours in ad- versely affected employment, and (B) his wages reduced to 80 percent or less of his average weekly wage in such adversely affected employment. (7) Repealed. Pub. L. 97–35, title XXV, § 2511(1), Aug. 13, 1981, 95 Stat. 888. (8) The term ‘‘State’’ includes the District of Columbia and the Commonwealth of Puerto Rico; and the term ‘‘United States’’ when used in the geographical sense includes such Com- monwealth. (9) The term ‘‘State agency’’ means the agency of the State which administers the State law. (10) The term ‘‘State law’’ means the unem- ployment insurance law of the State approved by the Secretary of Labor under section 3304 of title 26. (11) The term ‘‘total separation’’ means the layoff or severance of an individual from em- ployment with a firm in which, or in a subdivi- sion of which, adversely affected employment exists. (12) The term ‘‘unemployment insurance’’ means the unemployment compensation pay- able to an individual under any State law or Federal unemployment compensation law, in- cluding chapter 85 of title 5 and the Railroad Unemployment Insurance Act [45 U.S.C. 351 et seq.]. The terms ‘‘regular compensation’’, ‘‘ad- ditional compensation’’, and ‘‘extended com- pensation’’ have the same respective meanings that are given them in section 205(2), (3), and (4) of the Federal-State Extended Unemploy- ment Compensation Act of 1970 (26 U.S.C. 3304 note). (13) The term ‘‘week’’ means a week as de- fined in the applicable State law. (14) The term ‘‘week of unemployment’’ means a week of total, part-total, or partial unemployment as determined under the appli- cable State law or Federal unemployment in- surance law. (15) The term ‘‘benefit period’’ means, with respect to an individual— (A) the benefit year and any ensuing pe- riod, as determined under applicable State law, during which the individual is eligible for regular compensation, additional com- pensation, or extended compensation, or (B) the equivalent to such a benefit year or ensuing period provided for under the appli- cable Federal unemployment insurance law. (16) The term ‘‘on-the-job training’’ means training provided by an employer to an indi- vidual who is employed by the employer. (17)(A) The term ‘‘job search program’’ means a job search workshop or job finding club. (B) The term ‘‘job search workshop’’ means a short (1 to 3 days) seminar designed to pro- vide participants with knowledge that will en- able the participants to find jobs. Subjects are not limited to, but should include, labor mar- ket information, resume writing, interviewing techniques, and techniques for finding job openings. (C) The term ‘‘job finding club’’ means a job search workshop which includes a period (1 to 2 weeks) of structured, supervised activity in which participants attempt to obtain jobs. (Pub. L. 93–618, title II, § 247, Jan. 3, 1975, 88 Stat. 2028; Pub. L. 97–35, title XXV, § 2511, Aug. 13, 1981, 95 Stat. 888; Pub. L. 99–272, title XIII, §§ 13004(b), 13005(b), Apr. 7, 1986, 100 Stat. 303; Pub. L. 111–5, div. B, title I, §§ 1801(a), 1830(a)(2), Feb. 17, 2009, 123 Stat. 367, 384; Pub. L. 112–40, title II, §§ 201(b), (c), 211(b), Oct. 21, 2011, 125 Stat. 403; Pub. L. 114–27, title IV, §§ 402(b), (c), 404(c), June 29, 2015, 129 Stat. 374, 376.) 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 Railroad Unemployment Insurance Act, referred to in par. (12), is act June 25, 1938, ch. 680, 52 Stat. 1094, which is classified principally to chapter 11 (§ 351 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 367 of Title 45 and Tables. Section 205 of the Federal-State Extended Unemploy- ment Compensation Act of 1970, referred to in par. (12), is section 205 of title II of Pub. L. 91–373, which is set out in a note under section 3304 of Title 26, Internal Revenue Code. 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 Page 622 TITLE 19—CUSTOMS DUTIES § 2320 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. Par. (19). Pub. L. 114–27, §§ 404(c), 406, temporarily added par. (19). See Codification note above and Effec- tive and Termination Dates of 2015 Revival note 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. Par. (3). Pub. L. 112–40, §§ 211(b)(1)(A), 233, temporarily substituted ‘‘The term’’ for ‘‘Subject to section 2272(d)(5) of this title, the term’’ in introductory provi- sions. See Codification note above and Effective and Termination Dates of 2011 Revival note below. Par. (3)(A). Pub. L. 112–40, §§ 211(b)(1)(B), 233, tempo- rarily substituted ‘‘or service sector firm’’ for ‘‘, service sector firm, or public agency’’. See Codifica- tion note above and Effective and Termination Dates of 2011 Revival note below. Pars. (7) to (19). Pub. L. 112–40, §§ 211(b)(2), (3), 233, temporarily redesignated pars. (8) to (19) as (7) to (18), respectively, and temporarily struck out former par. (7) which read as follows: ‘‘The term ‘public agency’ means a department or agency of a State or local government or of the Federal Government, or a subdivision there- of.’’ See Codification note above and Effective and Ter- mination Dates of 2011 Revival note below. 2009—Par. (1). Pub. L. 111–5, §§ 1801(a)(1), 1893, tempo- rarily struck out ‘‘or appropriate subdivision of a firm’’ after ‘‘employment in a firm’’ and ‘‘or subdivision’’ after ‘‘workers of such firm’’. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Par. (2). Pub. L. 111–5, §§ 1801(a)(2), 1893, temporarily substituted ‘‘employment, has been totally or partially separated from such employment.’’ for ‘‘employment— ‘‘(A) has been totally or partially separated from such employment, or ‘‘(B) has been totally separated from employment with the firm in a subdivision of which such ad- versely affected employment exists.’’ See Codification note above and Effective and Termi- nation Dates of 2009 Amendment note below. Pars. (3), (7). Pub. L. 111–5, §§ 1801(a)(3), (4), 1893, tem- porarily added pars. (3) and (7). See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Par. (11). Pub. L. 111–5, §§ 1801(a)(5), 1893, temporarily struck out ‘‘, or in a subdivision of which,’’ after ‘‘firm in which’’. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Pars. (18), (19). Pub. L. 111–5, §§ 1801(a)(6), 1830(a)(2), 1893, temporarily added pars. (18) and (19). See Codifica- tion note above and Effective and Termination Dates of 2009 Amendment note below. 1986—Pars. (16), (17). Pub. L. 99–272 added pars. (16) and (17). 1981—Par. (3). Pub. L. 97–35, § 2511(1), struck out par. (3) defining ‘‘average weekly manufacturing wage’’. Par. (7). Pub. L. 97–35, § 2511(1), struck out par. (7) de- fining ‘‘remuneration’’. Par. (12). Pub. L. 97–35, § 2511(2), revised par. (12) gen- erally, inserting definitions of ‘‘regular compensation’’, ‘‘additional compensation’’, and ‘‘extended compensa- tion’’. Par. (14). Pub. L. 97–35, § 2511(3), substituted provi- sions requiring determination under the applicable State law or Federal unemployment insurance law for provisions requiring computation applying percent of average weekly wage and time spent prior to separa- tion. Par. (15). Pub. L. 97–35, § 2511(4), added par. (15). 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 1981 AMENDMENT AND TRANSITION PROVISIONS Amendment by Pub. L. 97–35 applicable to allowances payable for weeks of unemployment which begin after Sept. 30, 1981, with transition provisions applicable, see section 2514 of Pub. L. 97–35, set out as a note under sec- tion 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. § 2320. Regulations The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this part.