Trade readjustment allowance conditions
Withholding of trade readjustment allowance pending beginning or resumption of participation in training program; period of applicability
Waivers of training requirements
11 See Application of Subsection (c)(1) note below. Issuance of waivers
Recall
The worker has been notified that the worker will be recalled by the firm from which the separation occurred.
Marketable skills
42 U.S.C. 503(j)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 (), 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.
Retirement
Health
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.
Enrollment unavailable
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 not available
section 2302 of title 20Training 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 , and employers), no training that is suitable for the worker is available at a reasonable cost, or no training funds are available.
Duration of waivers
In general
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.
Revocation
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Secretary shall revoke a waiver issued under paragraph (1) if the Secretary determines that the basis of a waiver is no longer applicable to the worker and shall notify the worker in writing of the revocation.
Agreements under section 2311
Issuance by cooperating States
section 2311 of this titlePursuant to an agreement under , the Secretary may authorize a cooperating State to issue waivers as described in paragraph (1).
Submission of statements
section 2311 of this titleAn agreement under 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.
Pub. L. 93–618, title II, § 23188 Stat. 2020Pub. L. 97–35, title XXV, § 250395 Stat. 881Pub. L. 99–272, title XIII, § 13003(a)(1)100 Stat. 300Pub. L. 100–418, title I, § 1423(a)(1)102 Stat. 1244Pub. L. 102–318, title I, § 106(a)106 Stat. 294Pub. L. 107–210, div. A, title I116 Stat. 939Pub. L. 109–270, § 2(b)(1)120 Stat. 746Pub. L. 111–5, div. B, title I123 Stat. 371Pub. L. 112–40, title II125 Stat. 403Pub. L. 114–27, title IV, § 402(b)129 Stat. 374(, , ; , , ; , (2), (b), , , 301; –(3), , , 1245; , , ; , §§ 114, 115, , ; , , ; , §§ 1801(e)(3), 1821(a)–(c)(1), 1858(b), , , 375, 376, 395; , §§ 201(b), (c), 212(a), , , 404; , (c), , .)
Termination of Assistance
For termination of assistance under this part after , see Termination Date note below.
Editorial Notes
References in Text
Pub. L. 91–37384 Stat. 708section 3304 of Title 26The Federal-State Extended Unemployment Compensation Act of 1970, referred to in subsec. (a)(4), is title II of , , , which is set out as a note under , Internal Revenue Code. For complete classification of this Act to the Code, see Tables.
act Aug. 14, 1935, ch. 53149 Stat. 620section 1305 of Title 42The Social Security Act, referred to in subsec. (c)(1)(C)(i), is , . 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 and Tables.
Codification
Section reflects the , reversion to provisions in effect on . See Effective and Termination Dates of 2015 Revival note below.
Section 233 of Pub. L. 112–40Pub. L. 114–27, title IV, § 402(a)129 Stat. 374Pub. L. 114–27, which provided for the , revival of this section as in effect on , was repealed by , , , and the provisions of this section, as in effect on , were temporarily revived, effective , until , by , §§ 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. 111–5Pub. L. 111–5Pub. L. 112–40, title II, § 201(a)125 Stat. 403Pub. L. 112–40, which provided for , termination of amendment by , was repealed by , , , and the provisions of this section, as amended by Pub. L. 111—5 and as in effect on , were temporarily revived, effective , until , by , §§ 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
Pub. L. 114–272015—, §§ 402(b), (c), 406, temporarily revived the provisions of this section, as in effect on . See Codification note above and 2011 Amendment and Effective and Termination Dates of 2015 Revival notes below.
Pub. L. 112–402011—, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on . See Codification note above and 2009 Amendment and Effective and Termination Dates of 2011 Revival notes below.
Pub. L. 112–40Subsec. (c)(1). , §§ 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.
Pub. L. 112–40Subsec. (c)(3)(B). , §§ 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.
Pub. L. 111–5section 2271 of this title2009—Subsec. (a). , §§ 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 ” in introductory provisions. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Pub. L. 111–5Subsec. (a)(1). , §§ 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.
Pub. L. 111–5Subsec. (a)(1)(A). , §§ 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.
Pub. L. 111–5Subsec. (a)(2). , §§ 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.
Pub. L. 111–5Subsec. (a)(2)(A). , §§ 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.
Pub. L. 111–5Subsec. (a)(2)(C). , §§ 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.
Pub. L. 111–5section 8521(a)(1) of title 5Subsec. (a)(2)(D). , §§ 1858(b)(2)(B), 1893, temporarily made technical amendment to reference in original act which appears in text as reference to . See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Pub. L. 111–5Subsec. (a)(3)(A). , §§ 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.
Pub. L. 111–5Subsec. (a)(3)(B). , §§ 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.
Pub. L. 111–5Subsec. (a)(3)(C). , §§ 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.
Pub. L. 111–5Subsec. (a)(5)(A)(ii)(I), (II). , §§ 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.
Pub. L. 111–5Subsec. (a)(5)(A)(ii)(III). , §§ 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.
Pub. L. 111–5Subsec. (a)(5)(A)(ii)(IV), (V). , §§ 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.
Pub. L. 111–5Subsec. (b). , §§ 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—
section 2271 of this title“(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 , 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.
Pub. L. 111–5Subsec. (c)(1)(B). , §§ 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.
Pub. L. 111–5Subsec. (c)(2)(A). , §§ 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.
Pub. L. 111–5section 2311 of this titlesection 2311 of this titleSubsec. (c)(3)(A). , §§ 1821(b)(3)(A), 1893, temporarily substituted “An agreement under shall authorize a” for “Pursuant to an agreement under , the Secretary may authorize a”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Pub. L. 111–5Subsec. (c)(3)(B), (C). , §§ 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.
Pub. L. 109–270section 2302 of title 202006—Subsec. (c)(1)(F). 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 .
Pub. L. 107–210, § 114(a)2002—Subsec. (a)(3)(B). , inserted “, except additional compensation that is funded by a State and is not reimbursed from any Federal funds,” after “any unemployment insurance”.
Pub. L. 107–210, § 114(b)Subsec. (a)(5)(A). , designated existing provisions as cl. (i) and added cl. (ii).
Pub. L. 107–210, § 115(b)Subsec. (a)(5)(C). , struck out “certified” after “statement”.
Pub. L. 107–210, § 115(a)Subsec. (c). , 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.
Pub. L. 102–3181992—Subsec. (a)(2). 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.
Pub. L. 100–418, § 1423(a)(1)1988—Subsec. (a)(5). , 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—
section 2297(c) of this title“(A) is enrolled in a job search program approved by the Secretary under , or
section 2297(c) 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 job search program approved by the Secretary under .”
Pub. L. 100–418, § 1423(a)(2)Subsec. (b). , 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.
Pub. L. 100–418, § 1423(a)(3)Subsec. (c). , 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.
Pub. L. 99–272, § 13003(b)1986—Subsec. (a)(2). , 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.
Pub. L. 99–272, § 13003(a)(1)Subsec. (a)(5). , added par. (5).
Pub. L. 99–272, § 13003(a)(2)Subsec. (c). , added subsec. (c).
Pub. L. 97–35section 2273(a) of this title1981— 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 , 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 Revival
Pub. L. 114–27section 2271 of this titleFor revival and applicability, beginning on , of the provisions of this section as in effect on , see section 402(b), (c) of , set out as a note preceding .
section 406(b) of Pub. L. 114–27section 406 of Pub. L. 114–27section 2271 of this titleFor reversion, beginning on , to the provisions of this section as in effect on , with certain exceptions and subject to , see , set out as a note preceding .
Effective and Termination Dates of 2011 Revival
Pub. L. 112–40section 2271 of this titleFor revival and applicability, beginning on , of the provisions of this section as in effect on , see section 201(b), (c) of , set out as a note preceding .
Section 233 of Pub. L. 112–40section 2271 of this titlePub. L. 114–27, title IV, § 402(a)129 Stat. 374, formerly set out as a note preceding , which provided for the reversion, beginning on , of the provisions of this section to those in effect on , subject to certain exceptions, was repealed by , , , effective . See Codification note above.
Effective and Termination Dates of 2009 Amendment
Pub. L. 111–5section 1891 of Pub. L. 111–5section 2271 of this titleExcept as otherwise provided and subject to certain applicability provisions, amendment by effective upon the expiration of the 90-day period beginning on , see , set out as a note under .
Section 1893 of Pub. L. 111–5section 2271 of this titlePub. L. 111–5Pub. L. 111–5Pub. L. 112–40, title II, § 201(a)125 Stat. 403, formerly set out as a Termination Date of 2009 Amendment note preceding , which provided that, except as otherwise provided, amendment by not applicable on or after , and that this section be applied and administered beginning , as if amendment by had never been enacted, was repealed by , , , effective . See Codification note above.
Effective Date of 2002 Amendment
Pub. L. 107–210section 151 of Pub. L. 107–210section 2271 of this titleAmendment by 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 , except as otherwise provided, see , set out as a note preceding .
Effective Date of 1992 Amendment
Pub. L. 102–318, title I, § 106(b)106 Stat. 295
Effective Date of 1988 Amendment
Pub. L. 100–418section 1430(f) of Pub. L. 100–418section 2397 of this titleAmendment by effective on date that is 90 days after , see , set out as an Effective Date note under .
Effective Date of 1986 Amendment; Application of Gramm-Rudman
Pub. L. 99–272, title XIII, § 13009100 Stat. 305
In General .—
Job Search Program Requirements .—
Extension and Authorization .—
Application of Gramm-Rudman .—
Effective Date of 1981 Amendment and Transition Provisions
Pub. L. 97–35, title XXV, § 251495 Stat. 889Pub. L. 97–362, title II, § 20496 Stat. 1733
Termination Date
section 285 of Pub. L. 93–618section 406(a)(7) of Pub. L. 114–27section 2271 of this titleNo trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this part after , except as otherwise provided, see , as modified by , set out as notes preceding .
Application of Subsection (c)(1)
section 406(a)(1) of Pub. L. 114–27section 2271 of this titleSubsection (c)(1) of this section to be applied and administered as if subparagraphs (A), (B), and (C) were not in effect, see , set out in an Effective and Termination Dates of 2015 Revival note preceding .