USC Subpart B

USC Subpart B
in effect

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

(a) Trade readjustment allowance conditionsPayment 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:(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 was made, and (C) before the termination date (if any) determined pursuant to section 2273(d) of this title. (2) Such worker had, in the 52-week period ending with the week in which such total or partial separation occurred, at least 26 weeks of employment at wages of $30 or more a week in adversely affected employment with a 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 employer-authorized leave for purposes of vacation, sickness, injury, maternity, or inactive duty or active duty military service for training, (B) does not work because of a disability that is compensable under a workmen’s compensation law or plan of a State or the United States, (C) had his employment interrupted in order to serve as a full-time representative of a labor organization in such firm or subdivision, or (D) is on call-up for purposes of active duty in a reserve status in the Armed Forces of the United States, provided such active duty is “Federal service” as defined in section 8521(a)(1) of title 5, shall be treated as a week of employment at wages of $30 or more, but not more than 7 weeks, in case of weeks described in 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. (3) Such worker—(A) was entitled to (or would be entitled to if he applied therefor) unemployment insurance for a week within the benefit period (i) in which such total or partial separation took place, or (ii) which began (or would have begun) by reason of the filing of a claim for unemployment insurance by such worker after such total or partial separation; (B) has exhausted all rights to any unemployment insurance, except additional compensation that is funded by a State and is not reimbursed from any Federal funds, to which he was entitled (or would be entitled if he applied therefor); and (C) does not have an unexpired waiting period applicable to him for any such unemployment insurance. (4) Such worker, with respect to such week of unemployment, would not be disqualified for extended compensation payable under the Federal-State Extended Unemployment Compensation Act of 1970 by reason of the work acceptance and job search requirements in section 202(a)(3) of such Act. (5) Such worker—(A)(i) is enrolled in a training program approved by the Secretary under section 2296(a) of this title, and (ii) the enrollment required under clause (i) occurs no later than the latest of—(I) the last day of the 16th week after the worker’s most recent total separation from adversely affected employment which meets the requirements of paragraphs (1) and (2), (II) the last day of the 8th week after the week in which the Secretary issues a certification covering the worker, (III) 45 days after the later of the dates specified in subclause (I) or (II), if the Secretary determines there are extenuating circumstances that justify an extension in the enrollment period, or (IV) the last day of a period determined by the Secretary to be approved for enrollment after the termination of a waiver issued pursuant to subsection (c), (B) has, after the date on which the worker became totally separated, or partially separated, from the adversely affected employment, completed a training program approved by the Secretary under section 2296(a) of this title, or (C) has received a written statement under subsection (c)(1) after the date described in subparagraph (B). (b) Withholding of trade readjustment allowance pending beginning or resumption of participation in training program; period of applicability(1) If—(A) the Secretary determines that—(i) the adversely affected worker—(I) has failed to begin participation in the training program the enrollment in which meets the requirement of subsection (a)(5), or (II) has ceased to participate in such training program before completing such training program, and (ii) there is no justifiable cause for such failure or cessation, or (B) the certification made with respect to such worker under subsection (c)(1) is revoked under subsection (c)(2), no trade readjustment allowance may be paid to the adversely affected worker under this 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. (2) The provisions of subsection (a)(5) and paragraph (1) shall not apply with respect to any week of unemployment which begins—(A) after the date that is 60 days after the date on which the petition that results in the certification that covers the worker is filed under section 2271 of this title, and (B) before the first week following the week in which such certification is made under subpart A of this part. (c) Waivers of training requirements(1) 11 See Application of Subsection (c)(1) note below. Issuance of waiversThe 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:(A) RecallThe worker has been notified that the worker will be recalled by the firm from which the separation occurred. (B) Marketable skillsThe 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. (C) RetirementThe worker is within 2 years of meeting all requirements for entitlement to either—(i) old-age insurance benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.) (except for application therefor); or (ii) a private pension sponsored by an employer or labor organization. (D) HealthThe 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. (E) Enrollment unavailableThe first available enrollment date for the approved training of the worker is within 60 days after the date of the determination made under this paragraph, or, if later, there are extenuating circumstances for the delay in enrollment, as determined pursuant to guidelines issued by the Secretary. (F) Training not availableTraining 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. (2) Duration of waivers(A) In generalA 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. (B) RevocationThe 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. (3) Agreements under section 2311(A) Issuance by cooperating StatesPursuant to an agreement under section 2311 of this title, the Secretary may authorize a cooperating State to issue waivers as described in paragraph (1). (B) Submission of statementsAn 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.

19 U.S.C. § 2292 Weekly amounts

(a) FormulaSubject to subsections (b) and (c), the trade readjustment allowance payable to an adversely affected worker for a week of total unemployment shall be an amount equal to the most recent weekly benefit amount of the unemployment insurance payable to the worker for a week of total unemployment preceding the worker’s first exhaustion of unemployment insurance (as determined for purposes of section 2291(a)(3)(B) of this title) reduced (but not below zero) by—(1) any training allowance deductible under subsection (c); and (2) income that is deductible from unemployment insurance under the disqualifying income provisions of the applicable State law or Federal unemployment insurance law. (b) Adversely affected workers who are undergoing trainingAny adversely affected worker who is entitled to trade readjustment allowances and who is undergoing training approved by the Secretary shall receive for each week in which he is undergoing any such training, a trade readjustment allowance in an amount (computed for such week) equal to the amount computed under subsection (a) or (if greater) the amount of any weekly allowance for such training to which he would be entitled under any other Federal law for the training of workers, if he applied for such allowance. Such trade readjustment allowance shall be paid in lieu of any training allowance to which the worker would be entitled under such other Federal law. (c) Deduction from total number of weeks of allowance entitlementIf a training allowance under any Federal law other than this chapter is paid to an adversely affected worker for any week of unemployment with respect to which he would be entitled (determined without regard to any disqualification under section 2291(b) of this title) to a trade readjustment allowance if he applied for such allowance, each such week shall be deducted from the total number of weeks of trade readjustment allowance otherwise payable to him under section 2293(a) of this title when he applies for a trade readjustment allowance and is determined to be entitled to such allowance. If such training allowance paid to such worker for any week of unemployment is less than the amount of the trade readjustment allowance to which he would be entitled if he applied for such allowance, he shall receive, when he applies for a trade readjustment allowance and is determined to be entitled to such allowance, a trade readjustment allowance for such week equal to such difference.

19 U.S.C. § 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) 11 See Application of Certain Provisions note below. 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 periodsA 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 payableAmounts 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 periodsNotwithstanding 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 trainingNo 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 trainingFor 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 trainingNotwithstanding 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.

19 U.S.C. § 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 law so determined with respect to a separation of a worker shall remain applicable, for purposes of the preceding sentence, with respect to such separation until such worker becomes entitled to unemployment insurance under another State law (whether or not he has filed a claim for such insurance).

19 U.S.C. § 2295 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. The Secretary shall, whenever appropriate, procure such services through agreements with the States.

19 U.S.C. § 2296 Training

(a) Approval of training; limitation on expenditures; reasonable expectation of employment; payment of costs; approved training programs; nonduplication of payments from other sources; disapproval of certain programs; 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 employment) available for an adversely affected worker, (B) the worker would benefit from appropriate training, (C) there is a reasonable expectation of employment following completion of such training, (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) 11 So in original. Probably should be followed by a comma. (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 imposed 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 necessary 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) for any fiscal year shall not exceed $220,000,000. (B) If, during any fiscal year, the Secretary estimates that the amount of funds necessary to pay the costs of training approved under this section will exceed the amount of the limitation imposed under subparagraph (A), the Secretary shall decide how the portion of such limitation that has not been expended at the time of such estimate is to be apportioned among the States for the remainder of such fiscal year. (3) For purposes of applying paragraph (1)(C), a reasonable expectation of employment does not require that employment opportunities for a worker be available, or offered, immediately upon the completion of training approved under this paragraph (1). (4)(A) If the costs of training an adversely affected worker are paid by the Secretary under paragraph (1), no other payment for such costs may be made under any other provision of Federal law. (B) No payment may be made under paragraph (1) of the costs of training an adversely affected worker if such costs—(i) have already been paid under any other provision of Federal law, or (ii) are reimbursable under any other provision of Federal law and a portion of such costs have already been paid under such other provision of Federal law. (C) The provisions of this paragraph shall not apply to, or take into account, any funds provided under any other provision of Federal law which are used for any purpose other than the direct payment of the costs incurred in training a particular adversely affected worker, even if such use has the effect of indirectly paying or reducing any portion of the costs involved in training the adversely affected worker. (5) The training programs that may be approved under paragraph (1) include, but are not limited to—(A) employer-based training, including—(i) on-the-job training, and (ii) customized training, (B) any training program provided by a State pursuant to title I of the Workforce Investment Act of 1998,22 See References in Text note below. (C) any training program approved by a private industry council established under section 102 of such Act,2 (D) any program of remedial education, (E) any training program (other than a training program described in paragraph (7)) for which all, or any portion, of the costs of training the worker are paid—(i) under any Federal or State program other than this chapter, or (ii) from any source other than this section, and (F) any other training program approved by the Secretary. (6)(A) The Secretary is not required under paragraph (1) to pay the costs of any training approved under paragraph (1) to the extent that such costs are paid—(i) under any Federal or State program other than this part, or (ii) from any source other than this section. (B) Before approving any training to which subparagraph (A) may apply, the Secretary may require that the adversely affected worker enter into an agreement with the Secretary under which the Secretary will not be required to pay under this section the portion of the costs of such training that the worker has reason to believe will be paid under the program, or by the source, described in clause (i) or (ii) of subparagraph (A). (7) The Secretary shall not approve a training program if—(A) all or a portion of the costs of such training program are paid under any nongovernmental plan or program, (B) the adversely affected worker has a right to obtain training or funds for training under such plan or program, and (C) such plan or program requires the worker to reimburse the plan or program from funds provided under this part, or from wages paid under such training program, for any portion of the costs of such training program paid under the plan or program. (8) The Secretary may approve training for any adversely affected worker who is a member of a group certified under subpart A at any time after the date on which the group is certified under subpart A, without regard to whether such worker has exhausted all rights to any unemployment insurance to which the worker is entitled. (9) The Secretary shall prescribe regulations which set forth the criteria under each of the subparagraphs of paragraph (1) that will be used as the basis for making determinations under paragraph (1). (b) Supplemental assistanceThe Secretary may, where appropriate, authorize supplemental assistance necessary to defray reasonable transportation and subsistence expenses for separate maintenance when training is provided in facilities which are not within commuting distance of a worker’s regular place of residence. The Secretary may not authorize—(1) payments for subsistence that exceed whichever is the lesser of (A) the actual per diem expenses for subsistence, or (B) payments at 50 percent of the prevailing per diem allowance rate authorized under the Federal travel regulations, or (2) payments for travel expenses exceeding the prevailing mileage rate authorized under the Federal travel regulations. (c) Payment of costs of on-the-job trainingThe Secretary shall pay the costs of any on-the-job training of an adversely affected worker that is approved under subsection (a)(1) in equal monthly installments, but the Secretary may pay such costs, notwithstanding any other provision of this section, only if—(1) no currently employed worker is displaced by such adversely affected worker (including partial displacement such as a reduction in the hours of nonovertime work, wages, or employment benefits), (2) such training does not impair existing contracts for services or collective bargaining agreements, (3) in the case of training which would be inconsistent with the terms of a collective bargaining agreement, the written concurrence of the labor organization concerned has been obtained, (4) no other individual is on layoff from the same, or any substantially equivalent, job for which such adversely affected worker is being trained, (5) the employer has not terminated the employment of any regular employee or otherwise reduced the workforce of the employer with the intention of filling the vacancy so created by hiring such adversely affected worker, (6) the job for which such adversely affected worker is being trained is not being created in a promotional line that will infringe in any way upon the promotional opportunities of currently employed individuals, (7) such training is not for the same occupation from which the worker was separated and with respect to which such worker’s group was certified pursuant to section 2272 of this title, (8) the employer is provided reimbursement of not more than 50 percent of the wage rate of the participant, for the cost of providing the training and additional supervision related to the training, (9) the employer has not received payment under subsection (a)(1) of this section with respect to any other on-the-job training provided by such employer which failed to meet the requirements of paragraphs (1), (2), (3), (4), (5), and (6), and (10) the employer has not taken, at any time, any action which violated the terms of any certification described in paragraph (8) made by such employer with respect to any other on-the-job training provided by such employer for which the Secretary has made a payment under subsection (a)(1) of this section. (d) Eligibility for unemployment insuranceA worker may not be determined to be ineligible or disqualified for unemployment insurance or program benefits under this subpart because the individual is in training approved under subsection (a), because of leaving work which is not suitable employment to enter such training, or because of the application to any such week in training of provisions of State law or Federal unemployment insurance law relating to availability for work, active search for work, or refusal to accept work. The Secretary shall submit to the Congress a quarterly report regarding the amount of funds expended during the quarter concerned to provide training under subsection (a) and the anticipated demand for such funds for any remaining quarters in the fiscal year concerned. (e) “Suitable employment” definedFor purposes of this section the term “suitable employment” means, with respect to a worker, work of a substantially equal or higher skill level than the worker’s past adversely affected employment, and wages for such work at not less than 80 percent of the worker’s average weekly wage. (f) “Customized training” definedFor purposes of this section, the term “customized training” means training that is—(1) designed to meet the special requirements of an employer or group of employers; (2) conducted with a commitment by the employer or group of employers to employ an individual upon successful completion of the training; and (3) for which the employer pays for a significant portion (but in no case less than 50 percent) of the cost of such training, as determined by the Secretary.

19 U.S.C. § 2297 Job search allowances

(a) Job search allowance authorized(1) In generalAn adversely affected worker covered by a certification issued under subpart A of this part may file an application with the Secretary for payment of a job search allowance. (2) Approval of applicationsThe Secretary may grant an allowance pursuant to an application filed under paragraph (1) when all of the following apply:(A) Assist adversely affected workerThe allowance is paid to assist an adversely affected worker who has been totally separated in securing a job within the United States. (B) Local employment not availableThe Secretary determines that the worker cannot reasonably be expected to secure suitable employment in the commuting area in which the worker resides. (C) ApplicationThe worker has filed an application for the allowance with the Secretary before—(i) the later of—(I) the 365th day after the date of the certification under which the worker is certified as eligible; or (II) the 365th day after the date of the worker’s last total separation; or (ii) the date that is the 182d day after the date on which the worker concluded training, unless the worker received a waiver under section 2291(c) of this title. (b) Amount of allowance(1) In generalAn allowance granted under subsection (a) shall provide reimbursement to the worker of 90 percent of the cost of necessary job search expenses as prescribed by the Secretary in regulations. (2) Maximum allowanceReimbursement under this subsection may not exceed $1,250 for any worker. (3) Allowance for subsistence and transportationReimbursement under this subsection may not be made for subsistence and transportation expenses at levels exceeding those allowable under section 2296(b)(1) and (2) of this title. (c) ExceptionNotwithstanding subsection (b), the Secretary shall reimburse any adversely affected worker for necessary expenses incurred by the worker in participating in a job search program approved by the Secretary.

19 U.S.C. § 2298 Relocation allowances

(a) Relocation allowance authorized(1) In generalAny adversely affected worker covered by a certification issued under subpart A of this part may file an application for a relocation allowance with the Secretary, and the Secretary may grant the relocation allowance, subject to the terms and conditions of this section. (2) Conditions for granting allowanceA relocation allowance may be granted if all of the following terms and conditions are met:(A) Assist an adversely affected workerThe relocation allowance will assist an adversely affected worker in relocating within the United States. (B) Local employment not availableThe Secretary determines that the worker cannot reasonably be expected to secure suitable employment in the commuting area in which the worker resides. (C) Total separationThe worker is totally separated from employment at the time relocation commences. (D) Suitable employment obtainedThe worker—(i) has obtained suitable employment affording a reasonable expectation of long-term duration in the area in which the worker wishes to relocate; or (ii) has obtained a bona fide offer of such employment. (E) ApplicationThe worker filed an application with the Secretary before—(i) the later of—(I) the 425th day after the date of the certification under subpart A of this part; or (II) the 425th day after the date of the worker’s last total separation; or (ii) the date that is the 182d day after the date on which the worker concluded training, unless the worker received a waiver under section 2291(c) of this title. (b) Amount of allowanceThe relocation allowance granted to a worker under subsection (a) includes—(1) 90 percent of the reasonable and necessary expenses (including, but not limited to, subsistence and transportation expenses at levels not exceeding those allowable under section 2296(b)(1) and (2) of this title specified in regulations prescribed by the Secretary) incurred in transporting the worker, the worker’s family, and household effects; and (2) a lump sum equivalent to 3 times the worker’s average weekly wage, up to a maximum payment of $1,250. (c) LimitationsA relocation allowance may not be granted to a worker unless—(1) the relocation occurs within 182 days after the filing of the application for relocation assistance; or (2) the relocation occurs within 182 days after the conclusion of training, if the worker entered a training program approved by the Secretary under section 2296(b)(1) and (2) of this title.

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