19 U.S.C. § 2293 — Limitations on trade readjustment allowances
submitted 51 years ago by Pub. L. 93-618 to r/title-19-CUSTOMS-DUTIES · 808 words · no verdicts yet
This section sets rules about limitations on trade readjustment allowances. It states the duties, permissions, limits, exceptions, and other details that apply to that subject.
(a) Maximum allowance; deduction for unemployment insurance*; additional payments for approved training periods
(1) The maximum amount of trade readjustment allowances payable about the period covered by any certification to an adversely affected worker* must 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 that product must 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 for it) in the worker’s first benefit period* described in section 2291(a)(3)(A) of this title.
(2) A trade readjustment allowance must not be paid for any week occurring after the close of the 104-week period (or, for an adversely affected worker who requires a program of remedial education (as described in section 2296(a)(5)(D) of this title) 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) about which the worker meets the requirements of section 2291(a)(2) of this title.
(3) Notwithstanding paragraph (1), to assist the adversely affected worker to complete training approved for him under section 2296 of this title, and under 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 that training, if that training begins after the last week described in subparagraph (A). Payments for that additional weeks may be made only for weeks in that 52-week period during which the individual is participating in that 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 that 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 must be subject to that 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 that worker would, but for this subsection, be entitled to in that extended benefit period must be reduced (but not below zero) by the number of weeks for which the worker was entitled, during that benefit year, to trade readjustment allowances under this division. for this paragraph, the terms “benefit year” and “extended benefit period” must 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 must 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 this part, a worker must 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 that break in training, and
(2) the break is provided under that training program.
(g) Additional weeks to complete training Notwithstanding any other provision of this section, 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 under 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.
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.
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*—
within the period which is described in section 2291(a)(1) of this title, and
with respect to which the worker meets the requirements of section 2291(a)(2) of this title.
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—
follows the last week of entitlement to trade readjustment allowances otherwise payable under this part; or
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.
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.
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.
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.
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.
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—
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
the break is provided under such training program.
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.
Source credit: (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.)
- 1975Enacted · Pub. L. 93-618 · 88 Stat. 2022
- 1981Amended · Pub. L. 97-35 · 95 Stat. 883
- 1984Amended · Pub. L. 98-369 · 98 Stat. 1172
- 1986Amended · Pub. L. 99-272 · 100 Stat. 301
- 1988Amended · Pub. L. 100-418 · 102 Stat. 1246, 1250
- 1999Amended · Pub. L. 106-36 · 113 Stat. 130
- 2002Amended · Pub. L. 107-210 · 116 Stat. 941
- 2009Amended · Pub. L. 111-5 · 123 Stat. 377, 378, 383
- 2011Amended · Pub. L. 112-40 · 125 Stat. 403, 404
- 2015Amended · Pub. L. 114-27 · 129 Stat. 374
- 2023Amended · Pub. L. 118-31 · 137 Stat. 681
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-618 on 1975-01-03.
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