19 U.S.C. § 2319 | Definitions

For purposes of this part—

(1)

The term “adversely affected employment” means employment in a firm or appropriate subdivision of a firm, if workers of such firm or subdivision are eligible to apply for adjustment assistance under this part.

(2)

The term “adversely affected worker” means an individual who, because of lack of work in adversely affected employment—

(A)

has been totally or partially separated from such employment, or

(B)

has been totally separated from employment with the firm in a subdivision of which such adversely affected employment exists.

(3)

Pub. L. 97–35, title XXV, § 2511(1)Aug. 13, 198195 Stat. 888 Repealed. , , .

(4)

The term “average weekly wage” means one-thirteenth of the total wages paid to an individual in the high quarter. For purposes of this computation, the high quarter shall be that quarter in which the individual’s total wages were highest among the first 4 of the last 5 completed calendar quarters immediately before the quarter in which occurs the week with respect to which the computation is made. Such week shall be the week in which total separation occurred, or, in cases where partial separation is claimed, an appropriate week, as defined in regulations prescribed by the Secretary.

(5)

The term “average weekly hours” means the average hours worked by the individual (excluding overtime) in the employment from which he has been or claims to have been separated in the 52 weeks (excluding weeks during which the individual was sick or on vacation) preceding the week specified in the last sentence of paragraph (4).

(6)

The term “partial separation” means, with respect to an individual who has not been totally separated, that he has had—

(A)

his hours of work reduced to 80 percent or less of his average weekly hours in adversely affected employment, and

(B)

his wages reduced to 80 percent or less of his average weekly wage in such adversely affected employment.

(7)

Pub. L. 97–35, title XXV, § 2511(1)Aug. 13, 198195 Stat. 888 Repealed. , , .

(8)

The term “State” includes the District of Columbia and the Commonwealth of Puerto Rico; and the term “United States” when used in the geographical sense includes such Commonwealth.

(9)

The term “State agency” means the agency of the State which administers the State law.

(10)

section 3304 of title 26 The term “State law” means the unemployment insurance law of the State approved by the Secretary of Labor under .

(11)

The term “total separation” means the layoff or severance of an individual from employment with a firm in which, or in a subdivision of which, adversely affected employment exists.

(12)

45 U.S.C. 351 26 U.S.C. 3304 The term “unemployment insurance” means the unemployment compensation payable to an individual under any State law or Federal unemployment compensation law, including chapter 85 of title 5 and the Railroad Unemployment Insurance Act [ et seq.]. The terms “regular compensation”, “additional compensation”, and “extended compensation” have the same respective meanings that are given them in section 205(2), (3), and (4) of the Federal-State Extended Unemployment Compensation Act of 1970 ( note).

(13)

The term “week” means a week as defined in the applicable State law.

(14)

The term “week of unemployment” means a week of total, part-total, or partial unemployment as determined under the applicable State law or Federal unemployment insurance law.

(15)

The term “benefit period” means, with respect to an individual—

(A)

the benefit year and any ensuing period, as determined under applicable State law, during which the individual is eligible for regular compensation, additional compensation, or extended compensation, or

(B)

the equivalent to such a benefit year or ensuing period provided for under the applicable Federal unemployment insurance law.

(16)

The term “on-the-job training” means training provided by an employer to an individual who is employed by the employer.

(17)

(A)

The term “job search program” means a job search workshop or job finding club.

(B)

The term “job search workshop” means a short (1 to 3 days) seminar designed to provide participants with knowledge that will enable the participants to find jobs. Subjects are not limited to, but should include, labor market information, resume writing, interviewing techniques, and techniques for finding job openings.

(C)

The term “job finding club” means a job search workshop which includes a period (1 to 2 weeks) of structured, supervised activity in which participants attempt to obtain jobs.

Pub. L. 93–618, title II, § 247Jan. 3, 197588 Stat. 2028 Pub. L. 97–35, title XXV, § 2511Aug. 13, 198195 Stat. 888 Pub. L. 99–272, title XIIIApr. 7, 1986100 Stat. 303 Pub. L. 111–5, div. B, title IFeb. 17, 2009123 Stat. 367 Pub. L. 112–40, title IIOct. 21, 2011125 Stat. 403 Pub. L. 114–27, title IVJune 29, 2015129 Stat. 374(, , ; , , ; , §§ 13004(b), 13005(b), , ; , §§ 1801(a), 1830(a)(2), , , 384; , §§ 201(b), (c), 211(b), , ; , §§ 402(b), (c), 404(c), , , 376.)

Termination of Assistance

June 30, 2022For termination of assistance under this part after , see Termination Date note below.

Editorial Notes

References in Text

act June 25, 1938, ch. 680 52 Stat. 1094 section 367 of Title 45The Railroad Unemployment Insurance Act, referred to in par. (12), is , , which is classified principally to chapter 11 (§ 351 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see and Tables.

section 205 of title II of Pub. L. 91–373 section 3304 of Title 26Section 205 of the Federal-State Extended Unemployment Compensation Act of 1970, referred to in par. (12), is , which is set out in a note under , Internal Revenue Code.

Codification

July 1, 2021Jan. 1, 2014Section reflects the , reversion to provisions in effect on . See Effective and Termination Dates of 2015 Revival note below.

Section 233 of Pub. L. 112–40Jan. 1, 2014Feb. 13, 2011Pub. L. 114–27, title IV, § 402(a)June 29, 2015129 Stat. 374Dec. 31, 2013June 29, 2015July 1, 2021Pub. 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. 111–5Feb. 13, 2011Pub. L. 111–5 Pub. L. 112–40, title II, § 201(a)Oct. 21, 2011125 Stat. 403 Pub. L. 111–5Feb. 12, 2011Oct. 21, 2011Jan. 1, 2014Pub. L. 112–40, which provided for , termination of amendment by , was repealed by , , , and the provisions of this section, as amended by 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. 114–27Dec. 31, 20132015—, §§ 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. 114–27Par. (19). , §§ 404(c), 406, temporarily added par. (19). See Codification note above and Effective and Termination Dates of 2015 Revival note below.

Pub. L. 112–40Feb. 12, 20112011—, §§ 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. 112–40 section 2272(d)(5) of this titlePar. (3). , §§ 211(b)(1)(A), 233, temporarily substituted “The term” for “Subject to , the term” in introductory provisions. See Codification note above and Effective and Termination Dates of 2011 Revival note below.

Pub. L. 112–40Par. (3)(A). , §§ 211(b)(1)(B), 233, temporarily substituted “or service sector firm” for “, service sector firm, or public agency”. See Codification note above and Effective and Termination Dates of 2011 Revival note below.

Pub. L. 112–40Pars. (7) to (19). , §§ 211(b)(2), (3), 233, temporarily redesignated pars. (8) to (19) as (7) to (18), respectively, and temporarily struck out former par. (7) which read as follows: “The term ‘public agency’ means a department or agency of a State or local government or of the Federal Government, or a subdivision thereof.” See Codification note above and Effective and Termination Dates of 2011 Revival note below.

Pub. L. 111–52009—Par. (1). , §§ 1801(a)(1), 1893, temporarily struck out “or appropriate subdivision of a firm” after “employment in a firm” and “or subdivision” after “workers of such firm”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Pub. L. 111–5Par. (2). , §§ 1801(a)(2), 1893, temporarily substituted “employment, has been totally or partially separated from such employment.” for “employment—

“(A) has been totally or partially separated from such employment, or

“(B) has been totally separated from employment with the firm in a subdivision of which such adversely affected employment exists.”

See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Pub. L. 111–5Pars. (3), (7). , §§ 1801(a)(3), (4), 1893, temporarily added pars. (3) and (7). See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Pub. L. 111–5Par. (11). , §§ 1801(a)(5), 1893, temporarily struck out “, or in a subdivision of which,” after “firm in which”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Pub. L. 111–5Pars. (18), (19). , §§ 1801(a)(6), 1830(a)(2), 1893, temporarily added pars. (18) and (19). See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Pub. L. 99–2721986—Pars. (16), (17). added pars. (16) and (17).

Pub. L. 97–35, § 2511(1)1981—Par. (3). , struck out par. (3) defining “average weekly manufacturing wage”.

Pub. L. 97–35, § 2511(1)Par. (7). , struck out par. (7) defining “remuneration”.

Pub. L. 97–35, § 2511(2)Par. (12). , revised par. (12) generally, inserting definitions of “regular compensation”, “additional compensation”, and “extended compensation”.

Pub. L. 97–35, § 2511(3)Par. (14). , substituted provisions requiring determination under the applicable State law or Federal unemployment insurance law for provisions requiring computation applying percent of average weekly wage and time spent prior to separation.

Pub. L. 97–35, § 2511(4)Par. (15). , added par. (15).

Statutory Notes and Related Subsidiaries

Effective and Termination Dates of 2015 Revival

June 29, 2015Dec. 31, 2013Pub. L. 114–27 section 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 .

July 1, 2021Jan. 1, 2014section 406(b) of Pub. L. 114–27 section 406 of Pub. L. 114–27 section 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

Oct. 21, 2011Feb. 12, 2011Pub. L. 112–40 section 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. 112–40 section 2271 of this titleJan. 1, 2014Feb. 13, 2011Pub. L. 114–27, title IV, § 402(a)June 29, 2015129 Stat. 374June 29, 2015, 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. 111–5Feb. 17, 2009section 1891 of Pub. L. 111–5 section 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. 111–5 section 2271 of this title Pub. L. 111–5Feb. 13, 2011Feb. 13, 2011Pub. L. 111–5 Pub. L. 112–40, title II, § 201(a)Oct. 21, 2011125 Stat. 403Oct. 21, 2011, 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 1981 Amendment and Transition Provisions

Pub. L. 97–35Sept. 30, 1981section 2514 of Pub. L. 97–35 section 2291 of this titleAmendment by applicable to allowances payable for weeks of unemployment which begin after , with transition provisions applicable, see , set out as a note under .

Termination Date

June 30, 2022section 285 of Pub. L. 93–618 section 406(a)(7) of Pub. L. 114–27 section 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 .