19 U.S.C. § 2291
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 conditions are met:
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 subparagraph (A) or (C), or both (and not more than 26 weeks, in the case of weeks described in subparagraph (B) or (D)), may be treated as weeks of employment under this sentence.
no trade readjustment allowance may be paid to the adversely affected worker under this division for the week in which such failure, cessation, or revocation occurred, or any succeeding week, until the adversely affected worker begins or resumes participation in a training program approved under section 2296(a) of this title.
The Secretary may issue a written statement to an adversely affected worker waiving the requirement to be enrolled in training described in subsection (a)(5)(A) if the Secretary determines that it is not feasible or appropriate for the worker, because of 1 or more of the following reasons:
The worker has been notified that the worker will be recalled by the firm from which the separation occurred.
The worker possesses marketable skills for suitable employment (as determined pursuant to an assessment of the worker, which may include the profiling system under section 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 employment at equivalent wages in the foreseeable future.
The worker is within 2 years of meeting all requirements for entitlement to either-
The worker is unable to participate in training due to the health of the worker, except that a waiver under this subparagraph shall not be construed to exempt a worker from requirements relating to the availability for work, active search for work, or refusal to accept work under Federal or State unemployment compensation laws.
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.
Training approved by the Secretary is not 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), no training that is suitable for the worker is available at a reasonable cost, or no training funds are available.
A waiver issued under paragraph (1) shall be effective for not more than 6 months after the date on which the waiver is issued, unless the Secretary determines otherwise.
The Secretary shall revoke a waiver issued under paragraph (1) if the Secretary determines that the basis of a waiver is no longer applicable to the worker and shall notify the worker in writing of the revocation.
Pursuant to an agreement under section 2311 of this title, the Secretary may authorize a cooperating State to issue waivers as described in paragraph (1).
An agreement under section 2311 of this title shall include a requirement that the cooperating State submit to the Secretary the written statements provided under paragraph (1) and a statement of the reasons for the waiver.
1 See Application of Subsection (c)(1) note below.
19 U.S.C. § 2291
Termination of AssistanceFor termination of assistance under this part after June 30, 2022, see Termination Date note below.
EDITORIAL NOTES
REFERENCES IN TEXTThe Federal-State Extended Unemployment Compensation 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.
CODIFICATIONSection reflects the July 1, 2021, reversion to provisions in effect on Jan. 1, 2014. See Effective and Termination 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 Termination Dates of 2009 Amendment notes, and Effective and Termination Dates of 2011 Revival notes below.
AMENDMENTS2015- Pub. L. 114-27, §§402(b), (c), 406, temporarily revived the provisions of this section, as in effect on Dec. 31, 2013. See Codification note above and 2011 Amendment and Effective and Termination Dates of 2015 Revival notes below.2011- Pub. L. 112-40, §§201(b), (c), 233, temporarily revived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 Amendment and Effective and Termination Dates of 2011 Revival notes below.Subsec. (c)(1). Pub. L. 112-40, §§212(a)(1), 233, temporarily redesignated subpars. (D) to (F) as (A) to (C), respectively, 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 marketable skills, and entitlement to retire within 2 years. See Codification note above and Effective and Termination Dates of 2011 Revival note below.Subsec. (c)(3)(B). Pub. L. 112-40, §§212(a)(2), 233, temporarily substituted "or (C)" for "(D), (E), or (F)" in introductory 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 introductory provisions. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.Subsec. (a)(1). Pub. L. 111-5, §§1858(b)(1)(A), 1893, temporarily substituted "the worker's application" for "his application" in introductory provisions. See Codification 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 Effective and Termination Dates of 2009 Amendment note below.Subsec. (a)(2). Pub. L. 111-5, §§1801(e)(3)(A), 1893, temporarily struck out "or subdivision of a firm" after "single firm" in introductory provisions. See Codification 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 section 8521(a)(1) of title 5. See Codification note above and Effective and Termination Dates of 2009 Amendment 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 paragraphs (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 Termination 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 subclause (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 Codification note above and Effective and Termination Dates of 2009 Amendment note below.Subsec. (b). Pub. L. 111-5, §§1821(c)(1)(B), 1893, temporarily struck out par. (1) designation before "If-", redesignated 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), respectively, 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 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 subpart A of this part."See Codification note above and Effective and Termination Dates of 2009 Amendment note below.Subsec. (c)(1)(B). Pub. L. 111-5, §§1821(b)(1), 1893, temporarily designated existing provisions as cl. (i), inserted 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, temporarily 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 Secretary may authorize a". See Codification note above and Effective and Termination Dates of 2009 Amendment 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 Amendment 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), inserted ", except additional compensation that is funded 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 relating 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 became totally separated, or partially separated, from the adversely affected employment, completed a job search program approved by the Secretary under section 2297(c) of this title."Subsec. (b). Pub. L. 100-418, §1423(a)(2), amended subsec. (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 relating to mandatory training or job-search.Subsec. (c). Pub. L. 100-418, §1423(a)(3), amended subsec. (c) generally, substituting provisions relating to approval of training programs, written certifications, revocation of certification, and annual report, for provisions relating to withholding of trade readjustment allowance pending beginning or resumption of participation in job search program.1986-Subsec. (a)(2). Pub. L. 99-272, §13003(b), substituted 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 applicability of date upon which petition was filed for provisions respecting applicability of date specified in certification under section 2273(a) of this title, substantially revised and reorganized conditions by, among other changes, adding pars. (3) and (4), and added subsec. (b).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE AND TERMINATION DATES OF 2015 REVIVALFor 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 provisions of this section as in effect on Jan. 1, 2014, with certain exceptions and subject to section 406(b) of Pub. L. 114-27see section 406 of Pub. L. 114-27 set out as a note preceding section 2271 of this title.
EFFECTIVE AND TERMINATION DATES OF 2011 REVIVALFor 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 provisions 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, effective June 29, 2015. See Codification note above.
EFFECTIVE AND TERMINATION DATES OF 2009 AMENDMENTExcept as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111-5effective upon the expiration of the 90-day period beginning 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 applicable 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 Codification note above.
EFFECTIVE DATE OF 2002 AMENDMENTAmendment 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. 107-210set out as a note preceding section 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 subsection (a) [amending this section] shall apply to weeks beginning after August 1, 1990."
EFFECTIVE DATE OF 1988 AMENDMENTAmendment 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 section 2397 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT; APPLICATION OF GRAMM-RUDMANPub. 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, sections 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 effect 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 provisions set out as a note preceding section 2271 of this title] had taken effect on December 18, 1985."(d) APPLICATION OF GRAMM-RUDMAN.-Trade readjustment allowances payable 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.] for the period from March 1, 1986, and until October 1, 1986, shall be reduced by a percentage 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 fiscal year 1986."
EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION PROVISIONSPub. 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 subtitle [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 section 2318 of this title, enacting provisions set out as a note under section 2292 of this title, and amending provisions set out as a note preceding section 2271 of this title and under section 3304 of Title 26, Internal Revenue Code] shall take effect on the date of the enactment of this Act [Aug. 13, 1981]."(2)(A) The amendments made by section 2501 [amending section 2272 of this title] shall apply with respect to all petitions for certification filed under section 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 allowances 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 regarding training and applications for allowances under sections 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 Unemployment 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 beginning before October 1, 1981, payments of trade readjustment allowances determined under such chapter 2 without regard to the amendments made by this subtitle; and"(2) with respect to weeks of unemployment beginning after September 30, 1981, payments of trade readjustment allowances as determined under such chapter 2 as amended by this subtitle, except that the maximum amount of trade readjustment allowances payable to such an individual for such weeks of unemployment shall be an amount equal to the product of the trade readjustment allowance payable to the individual for a week of total unemployment (as determined under section 232(a) as so amended [section 2292(a) of this title]) multiplied by a factor determined 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 entitled to a trade readjustment allowance or unemployment 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 allowances 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 DATENo trade adjustment assistance, vouchers, allowances, 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 SUBSECTION (C)(1)Subsection (c)(1) of this section to be applied and administered 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 Revival note preceding section 2271 of this title.
- duty
- The term "duty" includes the rate and form of any import duty, including but not limited to tariff-rate quotas.
- existing
- The term "existing" means (A) when used, without the specification of any date, with respect to any matter relating to entering into or carrying out a trade agreement or other action authorized by this chapter, existing on the day on which such trade agreement is entered into or such other action is taken; and (B) when used with respect to a rate of duty, the nonpreferential rate of duty (however established, and even though temporarily suspended by Act of Congress or otherwise) set forth in rate column numbered 1 of chapters 1 through 97 of the Harmonized Tariff Schedule of the United States on the date specified or (if no date is specified) on the day referred to in clause (A).