                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 12--TRADE ACT OF 1974
 
     SUBCHAPTER II--RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
 
                Part 2--Adjustment Assistance for Workers
 
                       subpart b--program benefits
 
Sec. 2291. Qualifying requirements for workers


(a) Trade readjustment allowance conditions

    Payment of a trade readjustment allowance shall be made to an 
adversely affected worker covered by a certification under subpart A of 
this part 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 
        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) is enrolled in a training program approved by the 
        Secretary under section 2296(a) of this title,
            (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 certified under 
        subsection (c)(1) of this section 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) of this section, 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) of this section is revoked under subsection (c)(2) 
    of this section,

no trade readjustment allowance may be paid to the adversely affected 
worker under sections 2291 to 2294 of this title 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) 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.

(c) Approval of training programs; written certifications; revocation of 
        certification; annual report

    (1)(A) If the Secretary finds that it is not feasible or appropriate 
to approve a training program for a worker under section 2296(a) of this 
title, the Secretary shall submit to such worker a written statement 
certifying such finding.
    (B) If a State or State agency has an agreement with the Secretary 
under section 2311 of this title and the State or State agency finds 
that it is not feasible or appropriate to approve a training program for 
a worker pursuant to the requirements of section 2296(a) of this title, 
the State or State agency shall--
        (i) submit to such worker a written statement certifying such 
    finding, and
        (ii) submit to the Secretary a written statement certifying such 
    finding and the reasons for such finding.

    (2)(A) If, after submitting to a worker a written statement 
certified under paragraph (1)(A), the Secretary finds that it is 
feasible or appropriate to approve a training program for such worker 
under section 2296(a) of this title, the Secretary shall submit to such 
worker a written statement that revokes the certification made under 
paragraph (1)(A) with respect to such worker.
    (B) If, after submitting to a worker a written statement certified 
under paragraph (1)(B), a State or State agency finds that it is 
feasible or appropriate to approve a training program for such worker 
pursuant to the requirements of section 2296(a) of this title, the State 
or State agency shall submit to such worker, and to the Secretary, a 
written statement that revokes the certification made under paragraph 
(1)(B) with respect to such worker.
    (3) The Secretary shall submit to the Finance Committee of the 
Senate and to the Ways and Means Committee of the House of 
Representatives an annual report on the number of workers who received 
certifications under paragraph (1) during the preceding year and the 
number of certifications made under paragraph (1) that were revoked 
during the preceding year.

(Pub. L. 93-618, title II, Sec. 231, Jan. 3, 1975, 88 Stat. 2020; Pub. 
L. 97-35, title XXV, Sec. 2503, Aug. 13, 1981, 95 Stat. 881; Pub. L. 99-
272, title XIII, Sec. 13003(a)(1), (2), (b), Apr. 7, 1986, 100 Stat. 
300, 301; Pub. L. 100-418, title I, Sec. 1423(a)(1)-(3), Aug. 23, 1988, 
102 Stat. 1244, 1245; Pub. L. 102-318, title I, Sec. 106(a), July 3, 
1992, 106 Stat. 294.)

                       References in Text

    The 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, as amended, which is classified generally as a note 
under section 3304 of Title 26, Internal Revenue Code. Section 202(a)(3) 
of such Act, referred to in subsec. (a)(4), is set out in the note under 
section 3304 of Title 26. For complete classification of this Act to the 
Code, see Tables.


                               Amendments

    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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 13003(a)(1), added par. (5).
    Subsec. (c). Pub. L. 99-272, Sec. 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).


                    Effective Date of 1992 Amendment

    Section 106(b) of Pub. L. 102-318 provided that: ``The amendments 
made by subsection (a) [amending this section] shall apply to weeks 
beginning after August 1, 1990.''


                    Effective Date of 1988 Amendment

    Amendment 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-Rudman

    Section 13009 of Pub. L. 99-272 provided that:
    ``(a) In General.--Except as provided in subsections (b) and (c), 
the amendments made by this part [part 1 (Secs. 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 [sections 2291 to 2294 of this title] 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 
901 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 Provisions

    Section 2514 of Pub. L. 97-35, as amended by Pub. L. 97-362, title 
II, Sec. 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) [sections 2293(d) and 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 Date

    No assistance, vouchers, allowances, or other payments may be 
provided under subparts A to C of this part after Sept. 30, 2001, see 
section 285 of Pub. L. 93-618, as amended, set out as a note preceding 
section 2271 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 2273, 2292, 2293, 2311, 
2318, 2331, 2396 of this title; title 26 section 62.
