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19 U.S.C. § 2293 — Limitations on trade readjustment allow-

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19 U.S.C. § 2293 — Limitations on trade readjustment allow-

Page 596 TITLE 19—CUSTOMS DUTIES § 2293 1 See Application of Certain Provisions note below. Subsec. (d). Pub. L. 111–5, §§ 1822(2), 1893, temporarily added subsec. (d). See Codification note above and Ef- fective and Termination Dates of 2009 Amendment note below. 1988—Subsec. (b). Pub. L. 100–418, § 1423(b)(1), struck out ‘‘, including on-the-job training,’’ after ‘‘approved by the Secretary’’. Subsec. (c). Pub. L. 100–418, § 1423(b)(2), substituted ‘‘under section 2291(b)’’ for ‘‘under section 2291(c) or 2296(c)’’. 1986—Subsec. (c). Pub. L. 99–272 substituted ‘‘under any Federal law other than this chapter’’ for ‘‘under any Federal law,’’, ‘‘section 2291(c) or 2296(c) of this title’’ for ‘‘section 2296(c) of this title’’, and ‘‘If such training allowance’’ for ‘‘If the training allowance’’. 1981—Subsec. (a). Pub. L. 97–35, § 2504(a)(1), sub- stituted provisions setting forth amount of allowance as reduced (but not below zero) by training allowance and income deductions for provisions setting forth amount of allowance as computed by specified percent- ages of wages and reduced by paid remuneration. Subsecs. (c), (d). Pub. L. 97–35, § 2504(a)(2)–(4), redesig- nated subsec. (d) as (c) and struck out references to un- employment insurance and to the inapplicability of former subsecs. (c) and (e) of this section. Former sub- sec. (c), which related to the computation of unemploy- ment insurance, was struck out. Subsec. (e). Pub. L. 97–35, § 2504(a)(2), struck out sub- sec. (e) which related to maximum total for all remu- neration and allowances. Subsec. (f). Pub. L. 97–35, § 2504(a)(2), struck out sub- sec. (f) which authorized rounding off to whole dollar amounts. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 2015 REVI

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Page 596 TITLE 19—CUSTOMS DUTIES § 2293 1 See Application of Certain Provisions note below. Subsec. (d). Pub. L. 111–5, §§ 1822(2), 1893, temporarily added subsec. (d). See Codification note above and Ef- fective and Termination Dates of 2009 Amendment note below. 1988—Subsec. (b). Pub. L. 100–418, § 1423(b)(1), struck out ‘‘, including on-the-job training,’’ after ‘‘approved by the Secretary’’. Subsec. (c). Pub. L. 100–418, § 1423(b)(2), substituted ‘‘under section 2291(b)’’ for ‘‘under section 2291(c) or 2296(c)’’. 1986—Subsec. (c). Pub. L. 99–272 substituted ‘‘under any Federal law other than this chapter’’ for ‘‘under any Federal law,’’, ‘‘section 2291(c) or 2296(c) of this title’’ for ‘‘section 2296(c) of this title’’, and ‘‘If such training allowance’’ for ‘‘If the training allowance’’. 1981—Subsec. (a). Pub. L. 97–35, § 2504(a)(1), sub- stituted provisions setting forth amount of allowance as reduced (but not below zero) by training allowance and income deductions for provisions setting forth amount of allowance as computed by specified percent- ages of wages and reduced by paid remuneration. Subsecs. (c), (d). Pub. L. 97–35, § 2504(a)(2)–(4), redesig- nated subsec. (d) as (c) and struck out references to un- employment insurance and to the inapplicability of former subsecs. (c) and (e) of this section. Former sub- sec. (c), which related to the computation of unemploy- ment insurance, was struck out. Subsec. (e). Pub. L. 97–35, § 2504(a)(2), struck out sub- sec. (e) which related to maximum total for all remu- neration and allowances. Subsec. (f). Pub. L. 97–35, § 2504(a)(2), struck out sub- sec. (f) which authorized rounding off to whole dollar amounts. 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 1988 AMENDMENT Amendment by section 1423(b)(1) effective Aug. 23, 1988, and amendment by section 1423(b)(2) of Pub. L. 100–418 effective on the date that is 90 days after Aug. 23, 1988, see section 1430(a), (f) of Pub. L. 100–418, set out as an Effective Date note under section 2397 of this title. 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. REFERENCE TO SUBSEC. (d) DEEMED REFERENCE TO (c) Pub. L. 97–35, title XXV, § 2504(b), Aug. 13, 1981, 95 Stat. 883, provided that: ‘‘Any reference in any law to subsection (d) of section 232 of the Trade Act of 1974 [former subsec. (d) of this section] shall be considered a reference to subsection (c) thereof [subsec. (c) of this section].’’ § 2293. Limitations on trade readjustment allow- ances (a) Maximum allowance; deduction for unem- ployment insurance; additional payments for approved training periods (1) The maximum amount of trade readjust- ment allowances payable with respect to the pe- riod covered by any certification to an adversely affected worker shall be the amount which is the product of 52 multiplied by the trade read- justment allowance payable to the worker for a week of total unemployment (as determined under section 2292(a) of this title), 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 ben- efit period described in section 2291(a)(3)(A) of this title. (2) 1 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 ad- versely affected worker who requires a program of remedial education (as described in section 2296(a)(5)(D) of this title) in order to complete training approved for the worker under section 2296 of this title, the 130-week period) that be- gins with the first week following the week in which the adversely affected worker was most recently totally separated from adversely af- fected employment— (A) within the period which is described in section 2291(a)(1) of this title, and (B) with respect to which the worker meets the requirements of section 2291(a)(2) of this title. (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, and in accordance with regulations prescribed by the Secretary, payments may be Page 597 TITLE 19—CUSTOMS DUTIES § 2293 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 pay- able under this part; or (B) begins with the first week of such train- ing, 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 train- ing periods A trade readjustment allowance may not be paid for an additional week specified in sub- section (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 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. (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. (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 pe- riod, 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 enti- tled, during such benefit year, to trade readjust- ment allowances under this division. For pur- poses 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 train- ing program approved under section 2296(a) of this title 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 which in- cludes a program of remedial education (as de- scribed in section 2296(a)(5)(D) of this title), and in accordance with regulations prescribed by the Secretary, payments may be made as trade read- justment allowances for up to 26 additional weeks in the 26-week period that follows the last week of entitlement to trade readjustment al- lowances otherwise payable under this part. (Pub. L. 93–618, title II, § 233, Jan. 3, 1975, 88 Stat. 2022; Pub. L. 97–35, title XXV, § 2505(a), Aug. 13, 1981, 95 Stat. 883; Pub. L. 98–369, div. B, title VI, § 2671, July 18, 1984, 98 Stat. 1172; Pub. L. 99–272, title XIII, § 13003(d), Apr. 7, 1986, 100 Stat. 301; Pub. L. 100–418, title I, §§ 1423(c), 1425(a), Aug. 23, 1988, 102 Stat. 1246, 1250; Pub. L. 106–36, title I, § 1001(a)(1), June 25, 1999, 113 Stat. 130; Pub. L. 107–210, div. A, title I, § 116, Aug. 6, 2002, 116 Stat. 941; Pub. L. 111–5, div. B, title I, §§ 1821(c)(2), 1823, 1824, 1829(b), Feb. 17, 2009, 123 Stat. 377, 378, 383; Pub. L. 112–40, title II, §§ 201(b), (c), 213, Oct. 21, 2011, 125 Stat. 403, 404; Pub. L. 114–27, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374; Pub. L. 118–31, div. A, title XVII, § 1742(a), Dec. 22, 2023, 137 Stat. 681.) 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. (d), 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. The Federal-State Extended Unemployment Com- pensation Act of 1970, referred to in subsec. (d), is title II of Pub. L. 91–373, Aug. 10, 1970, 84 Stat. 708, which is classified generally as a note under section 3304 of Title 26, Internal Revenue Code. For complete classification of this Act to the Code, see 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 2023—Subsec. (i)(1). Pub. L. 118–31, which directed the amendment of subsec. (i)(1) by inserting ‘‘, or a mem- Page 598 TITLE 19—CUSTOMS DUTIES § 2293 ber of the Space Force,’’ after ‘‘a member of a reserve component of the Armed Forces’’, could not be exe- cuted because neither subsec. (i) nor the phrase ‘‘a member of a reserve component of the Armed Forces’’ appeared in text subsequent to the July 1, 2021, rever- sion to provisions in effect on Jan. 1, 2014. See Codifica- tion note above and Effective and Termination Dates of 2015 Revival note below. 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. (a)(2). Pub. L. 112–40, §§ 213(1)(A), 233, tempo- rarily struck out ‘‘(or, in the case of an adversely af- fected worker who requires a program of prerequisite education or remedial education (as described in sec- tion 2296(a)(5)(D) of this title) in order to complete training approved for the worker under section 2296 of this title, the 130-week period)’’ after ‘‘104-week period’’ in introductory provisions. See Codification note above and Effective and Termination Dates of 2011 Revival note below. Subsec. (a)(3). Pub. L. 112–40, §§ 213(1)(B), 233, tempo- rarily substituted ‘‘65’’ for ‘‘78’’ in introductory provi- sions and ‘‘78-week period’’ for ‘‘91-week period’’ in in- troductory and concluding provisions. See Codification note above and Effective and Termination Dates of 2011 Revival note below. Subsec. (f). Pub. L. 112–40, §§ 213(2), 233, temporarily amended subsec. (f) generally. Prior to amendment, text read as follows: ‘‘Notwithstanding any other provi- sion of this section, in order to assist an adversely af- fected worker to complete training approved for the worker under section 2296 of this title which includes a program of prerequisite education or remedial edu- cation (as described in section 2296(a)(5)(D) of this title), and in accordance with regulations prescribed by the Secretary, payments may be made as trade read- justment allowances for up to 26 additional weeks in the 26-week period that follows the last week of entitle- ment to trade readjustment allowances otherwise pay- able under this part.’’ See Codification note above and Effective and Termination Dates of 2011 Revival note below. 2009—Subsec. (a)(2). Pub. L. 111–5, §§ 1823(1), 1829(b)(1), 1893, in introductory provisions, temporarily inserted ‘‘under paragraph (1)’’ after ‘‘trade readjustment allow- ance’’ and ‘‘prerequisite education or’’ after ‘‘requires a program of’’. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (a)(3). Pub. L. 111–5, §§ 1823(2), 1893, in intro- ductory provisions, temporarily substituted ‘‘a training program approved for the worker’’ for ‘‘training ap- proved for him’’ and ‘‘78 additional weeks in the 91- week’’ for ‘‘52 additional weeks in the 52-week’’, and, in concluding provisions, temporarily substituted ‘‘91- week’’ for ‘‘52-week’’. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsecs. (b) to (e). Pub. L. 111–5, §§ 1821(c)(2), 1893, temporarily redesignated subsecs. (c) to (f) as (b) to (e), respectively, and struck out former subsec. (b) which read as follows: ‘‘A trade readjustment allowance may not be paid for an additional week specified in sub- section (a)(3) of this section 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 within 210 days after the date of the worker’s first certifi- cation 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 separa- tion referred to in section 2291(a)(1) of this title.’’ See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (f). Pub. L. 111–5, §§ 1821(c)(2)(B), 1829(b)(2), 1893, temporarily redesignated subsec. (g) as (f) and in- serted ‘‘prerequisite education or’’ after ‘‘includes a program of’’. Former subsec. (f) temporarily redesig- nated (e). See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsecs. (g) to (i). Pub. L. 111–5, §§ 1824, 1893, tempo- rarily added subsecs. (g) to (i). Former subsec. (g) tem- porarily redesignated (f). See Codification note above and Effective and Termination Dates of 2009 Amend- ment note below. 2002—Subsec. (a)(2). Pub. L. 107–210, § 116(a)(1), in in- troductory provisions inserted ‘‘(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) in order to complete training approved for the worker under section 2296 of this title, the 130-week period)’’ after ‘‘104-week period’’. Subsec. (a)(3). Pub. L. 107–210, § 116(a)(2), substituted ‘‘52’’ for ‘‘26’’ wherever appearing. Subsec. (f). Pub. L. 107–210, § 116(b), substituted ‘‘30 days’’ for ‘‘14 days’’ in introductory provisions. Subsec. (g). Pub. L. 107–210, § 116(c), added subsec. (g). 1999—Subsec. (a)(2). Pub. L. 106–36 realigned margins of introductory provisions and subpars. (A) and (B). 1988—Subsec. (a)(2). Pub. L. 100–418, § 1425(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘A trade readjustment allowance shall not be paid for any week after the 104-week period beginning with the first week following the first week in the pe- riod covered by the certification with respect to which the worker has exhausted (as determined for purposes of section 2291(a)(3)(B) of this title) all rights to that part of his unemployment insurance that is regular compensation.’’ Subsec. (a)(3). Pub. L. 100–418, § 1423(c)(2), substituted ‘‘participating in such training’’ for ‘‘engaged in such training and has not been determined under section 2296(c) of this title to be failing to make satisfactory progress in the training’’ in last sentence. Subsec. (a)(3)(B). Pub. L. 100–418, § 1423(c)(1), sub- stituted ‘‘begins’’ for ‘‘is approved’’ after ‘‘training’’. Subsec. (f). Pub. L. 100–418, § 1423(c)(3), added subsec. (f). 1986—Subsec. (a)(2). Pub. L. 99–272, § 13003(d)(1), sub- stituted ‘‘104-week period’’ for ‘‘52-week period’’. Subsec. (e). Pub. L. 99–272, § 13003(d)(2), added subsec. (e). 1984—Subsec. (a)(3). Pub. L. 98–369 substituted ‘‘Not- withstanding paragraph (1), in order to assist the ad- versely affected worker to complete training approved for him under section 2296 of this title, and in accord- ance with regulations prescribed by the Secretary, pay- ments may be made as trade readjustment allowances for up to 26 additional weeks in the 26-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 is approved after the last week de- scribed in subparagraph (A).’’ for ‘‘Notwithstanding paragraph (1), 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 following the last week of entitlement to trade readjustment allow- ances otherwise payable under this part in order to as- sist the adversely affected worker to complete training approved for the worker under section 2296 of this title.’’ 1981—Subsec. (a). Pub. L. 97–35 substituted provisions relating to maximum amount of allowance payable for provisions relating to time limitations on allowance payable. Subsec. (b). Pub. L. 97–35 substituted provisions relat- ing to payment for an additional week for provisions relating to payment for an additional week after the appropriate week and provisions determining the ap- propriate week. Page 599 TITLE 19—CUSTOMS DUTIES § 2294 Subsecs. (c), (d). Pub. L. 97–35 added subsecs. (c) and (d). 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 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 1988 AMENDMENT Amendment by section 1423(c)(2) of Pub. L. 100–418 ef- fective on date that is 90 days after Aug. 23, 1988, and amendment by section 1425(a) of Pub. L. 100–418 effec- tive Aug. 23, 1988, but not applicable with respect to any total separation of a worker from adversely af- fected employment (within the meaning of section 2319 of this title) that occurs before Aug. 23, 1988, if the ap- plication of such amendment with respect to such total separation would reduce the period for which such worker would (but for such amendment) be allowed to receive trade readjustment allowances under this divi- sion, see section 1430(a), (f), (g) of Pub. L. 100–418, set out as an Effective Date note under section 2397 of this title. 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, and with the amendment of subsec. (d) of this section appli- cable, except as otherwise provided, to laws for certifi- cation purposes under section 3304(c) of title 26 on Oct. 31, of any taxable year after 1981, see section 2514 of Pub. L. 97–35, set out as a 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. APPLICATION OF CERTAIN PROVISIONS For provisions relating to application and adminis- tration of subsecs. (a)(2), (3) and (g) of this section, see section 406(a)(2) of Pub. L. 114–27, set out in an Effec- tive and Termination Dates of 2015 Revival note pre- ceding section 2271 of this title. WAIVER OF CERTAIN TIME LIMITATIONS Pub. L. 100–418, title I, § 1425(b), Aug. 23, 1988, 102 Stat. 1250, provided that: ‘‘(1) The provisions of subsections (a)(2) and (b) of sec- tion 233 of the Trade Act of 1974 [19 U.S.C. 2293(a)(2), (b)] shall not apply with respect to any worker who became totally separated from adversely affected employment (within the meaning of section 247 of such Act [19 U.S.C. 2319]) during the period that began on August 13, 1981, and ended on April 7, 1986. ‘‘(2)(A) Any worker who is otherwise eligible for pay- ment of a trade readjustment allowance under part I of subchapter B of chapter 2 of title II of the Trade Act of 1974 [19 U.S.C. 2291 et seq.] by reason of paragraph (1) of this subsection may receive payments of such allow- ance only if such worker— ‘‘(i) is enrolled in a training program approved by the Secretary under section 236(a) of such Act [19 U.S.C. 2296(a)], and ‘‘(ii) has been unemployed continuously since the date on which the worker became totally separated from the adversely affected employment, not taking into account seasonal employment, odd jobs, or part- time, temporary employment. ‘‘(B) If the Secretary of Labor determines that— ‘‘(i) a worker— ‘‘(I) has failed to begin participation in the train- ing program the enrollment in which meets the re- quirement of subparagraph (A), 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, no trade readjustment allowance may be paid to the worker under part I of subchapter B of chapter 2 of title II of the Trade Act of 1974 for the week in which such failure or cessation occurred, or any succeeding week, until the worker begins or resumes participation in a training program approved under section 236(a) of such Act.’’ § 2294. Application of State laws Except where inconsistent with the provisions of this part and subject to such regulations as the Secretary may prescribe, the availability and disqualification provisions of the State law— (1) under which an adversely affected worker is entitled to unemployment insurance (whether or not he has filed a claim for such insurance), or (2) if he is not so entitled to unemployment insurance, of the State in which he was totally or partially separated, shall apply to any such worker who files a claim for trade readjustment allowances. The State

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2291 — Study by Secretary of Labor when International Trade Commission begins investigation

**(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.

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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 threa

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2293 — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2271&num=0&edition=prelim), if the following conditions are met: (1) Such worker’s total or partial separation before his application under this part occurred— (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 period beginning on the date on which the determination under [section 2273 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2273&num=0&edition=prelim) was made, and (C) before the termination date (if any) determined pursuant to [section 2273(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2273/d&num=0&edition=prelim). (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 single 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 prescribed by the Secretary. For the purposes of this paragraph, any week in which such worker— (A) is on employ

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2296 — Employment services

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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19 U.S.C. § 2296 — Training

Page 602 TITLE 19—CUSTOMS DUTIES § 2296 1 So in original. Probably should be followed by a comma. 2 See References in Text note below. § 2296. Training (a) Approval of training; limitation on expendi- tures; reasonable expectation of employment; payment of costs; approved training pro- grams; nonduplication of payments from other sources; disapproval of certain pro- grams; exhaustion of unemployment benefits; promulgation of regulations (1) If the Secretary determines that— (A) there is no suitable employment (which may include technical and professional em- ployment) available for an adversely affected worker, (B) the worker would benefit from appro- priate training, (C) there is a reasonable expectation of em- ployment following completion of such train- ing, (D) training approved by the Secretary is reasonably available to the worker from either governmental agencies or private sources (which may include area career and technical education schools, as defined in section 2302 of title 20, and employers) 1 (E) the worker is qualified to undertake and complete such training, and (F) such training is suitable for the worker and available at a reasonable cost, the Secretary shall approve such training for the worker. Upon such approval, the worker shall be entitled to have payment of the costs of such training (subject to the limitations im- posed by this section) paid on his behalf by the Secretary directly or through a voucher system. Insofar as possible, the Secretary shall provide or assure the provision of such training on the job, which shall include related education nec- essary for the acquisition of skills needed for a position within a particular occupation. (2)(A) The total amount of payments that may be made under paragraph (1) f

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19 U.S.C. § 2319 — Authorization of appropriations

**(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.

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Federal law — U.S. Code and appendices · legal_authorities

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 peri

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