19 USC 2293: Limitations on trade readjustment allowances
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19 USC 2293: Limitations on trade readjustment allowances Text contains those laws in effect on June 12, 2024
From Title 19-CUSTOMS DUTIESCHAPTER 12-TRADE ACT OF 1974SUBCHAPTER II-RELIEF FROM INJURY CAUSED BY IMPORT COMPETITIONPart 2-Adjustment Assistance for Workerssubpart b-program benefitsDivision I-Trade Readjustment Allowances

§2293. Limitations on trade readjustment allowances

(a) Maximum allowance; deduction for unemployment insurance; additional payments for approved training periods

(1) The maximum amount of trade readjustment allowances payable with respect to the period covered by any certification to an adversely affected worker shall be the amount which is the product of 52 multiplied by the trade readjustment allowance payable to the worker for a week of total unemployment (as determined under section 2292(a) of this title), but such product shall be reduced by the total sum of the unemployment insurance to which the worker was entitled (or would have been entitled if he had applied therefor) in the worker's first benefit period described in section 2291(a)(3)(A) of this title.

(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 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) that begins with the first week following the week in which the adversely affected worker was most recently totally separated from adversely affected employment-

(A) within the period which is described in section 2291(a)(1) of this title, 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 made as trade readjustment allowances for up to 52 additional weeks in the 52-week period that-

(A) follows the last week of entitlement to trade readjustment allowances otherwise payable under this part; or

(B) begins with the first week of such training, if such training begins after the last week described in subparagraph (A).


Payments for such additional weeks may be made only for weeks in such 52-week period 1 during which the individual is participating in such training.

(b) Limitations on additional payments for training periods

A trade readjustment allowance may not be paid for an additional week specified in subsection (a)(3) if the adversely affected worker who would receive such allowance did not make a bona fide application to a training program approved by the Secretary under section 2296 of this title 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 period, the number of weeks of extended benefits that such worker would, but for this subsection, be entitled to in that extended benefit period shall be reduced (but not below zero) by the number of weeks for which the worker was entitled, during such benefit year, to trade readjustment allowances under this division. For purposes of this paragraph, the terms "benefit year" and "extended benefit period" shall have the same respective meanings given to them in the Federal-State Extended Unemployment Compensation Act of 1970.

(e) Week during which worker received on-the-job training

No trade readjustment allowance shall be paid to a worker under this division for any week during which the worker is receiving on-the-job training.

(f) Workers treated as participating in training

For purposes of this part, a worker shall be treated as participating in training during any week which is part of a break in training that does not exceed 30 days if-

(1) the worker was participating in a training program approved under section 2296(a) of this title 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 includes a program of remedial education (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 readjustment allowances for up to 26 additional weeks in the 26-week period that follows the last week of entitlement to trade readjustment allowances otherwise payable under this part.

( 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 Compensation 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 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.

Amendments

2023-Subsec. (i)(1). Pub. L. 118–31, which directed the amendment of subsec. (i)(1) by inserting ", or a member of the Space Force," after "a member of a reserve component of the Armed Forces", could not be executed 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, reversion to provisions in effect on Jan. 1, 2014. See Codification note above and Effective and Termination Dates of 2015 Revival note below.

2015-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. (a)(2). Pub. L. 112–40, §§213(1)(A), 233, temporarily struck out "(or, in the case of an adversely affected worker who requires a program of prerequisite education or 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" 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, temporarily substituted "65" for "78" in introductory provisions and "78-week period" for "91-week period" in introductory 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 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 includes a program of prerequisite education or remedial education (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 readjustment allowances for up to 26 additional weeks in the 26-week period that follows the last week of entitlement to trade readjustment allowances otherwise payable under this part." 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 allowance" 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 introductory provisions, temporarily substituted "a training program approved for the worker" for "training approved 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 subsection (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 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." 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 inserted "prerequisite education or" after "includes a program of". Former subsec. (f) temporarily redesignated (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, temporarily added subsecs. (g) to (i). Former subsec. (g) temporarily redesignated (f). See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

2002-Subsec. (a)(2). Pub. L. 107–210, §116(a)(1), in introductory 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 period 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), substituted "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), substituted "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 "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 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 described 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 allowances otherwise payable under this part in order to assist 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 relating to payment for an additional week for provisions relating to payment for an additional week after the appropriate week and provisions determining the appropriate week.

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 provisions 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 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 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 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 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 section 2271 of this title.

Effective Date of 1988 Amendment

Amendment by section 1423(c)(2) of Pub. L. 100–418 effective on date that is 90 days after Aug. 23, 1988, and amendment by section 1425(a) of Pub. L. 100–418 effective Aug. 23, 1988, but not applicable with respect to any total separation of a worker from adversely affected employment (within the meaning of section 2319 of this title) that occurs before Aug. 23, 1988, if the application 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 division, 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 applicable, except as otherwise provided, to laws for certification 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, 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 Certain Provisions

For provisions relating to application and administration of subsecs. (a)(2), (3) and (g) of this section, see section 406(a)(2) of Pub. L. 114–27, set out in an Effective and Termination Dates of 2015 Revival note preceding 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 section 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 payment 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 allowance 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 training program the enrollment in which meets the requirement 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."

1 See Application of Certain Provisions note below.