§2291 Qualifying requirements for workers

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

2015—Pub. L. 114–27, §§ 402(b), (c), 406, temporarily revived the provisions of this section, as in effect on Dec. 31, 2013. See Codification note above and 2011 Amendment and Effective and Termination Dates of 2015 Revival notes below. 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 Amendment and Effective and Termination Dates of 2011 Revival notes below. Subsec. (c)(1). Pub. L. 112–40, §§ 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. Subsec. (c)(3)(B). Pub. L. 112–40, §§ 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. 2009—Subsec. (a). Pub. L. 111–5, §§ 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 section 2271 of this title” in introductory provisions. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (a)(1). Pub. L. 111–5, §§ 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. Subsec. (a)(1)(A). Pub. L. 111–5, §§ 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. Subsec. (a)(2). Pub. L. 111–5, §§ 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. Subsec. (a)(2)(A). Pub. L. 111–5, §§ 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. Subsec. (a)(2)(C). Pub. L. 111–5, §§ 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. Subsec. (a)(2)(D). Pub. L. 111–5, §§ 1858(b)(2)(B), 1893, temporarily made technical amendment to reference in original act which appears in text as reference to section 8521(a)(1) of title 5. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (a)(3)(A). Pub. L. 111–5, §§ 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. Subsec. (a)(3)(B). Pub. L. 111–5, §§ 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. Subsec. (a)(3)(C). Pub. L. 111–5, §§ 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. Subsec. (a)(5)(A)(ii)(I), (II). Pub. L. 111–5, §§ 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. Subsec. (a)(5)(A)(ii)(III). Pub. L. 111–5, §§ 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. Subsec. (a)(5)(A)(ii)(IV), (V). Pub. L. 111–5, §§ 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. Subsec. (b). Pub. L. 111–5, §§ 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— “(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.” See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (c)(1)(B). Pub. L. 111–5, §§ 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. Subsec. (c)(2)(A). Pub. L. 111–5, §§ 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. Subsec. (c)(3)(A). Pub. L. 111–5, §§ 1821(b)(3)(A), 1893, temporarily substituted “An agreement under section 2311 of this title shall authorize a” for “Pursuant to an agreement under section 2311 of this title, the Secretary may authorize a”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (c)(3)(B), (C). Pub. L. 111–5, §§ 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. 2006—Subsec. (c)(1)(F). Pub. L. 109–270 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 section 2302 of title 20. 2002—Subsec. (a)(3)(B). Pub. L. 107–210, § 114(a), inserted “, except additional compensation that is funded by a State and is not reimbursed from any Federal funds,” after “any unemployment insurance”. Subsec. (a)(5)(A). Pub. L. 107–210, § 114(b), designated existing provisions as cl. (i) and added cl. (ii). Subsec. (a)(5)(C). Pub. L. 107–210, § 115(b), struck out “certified” after “statement”. Subsec. (c). Pub. L. 107–210, § 115(a), 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. 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, § 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, § 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, § 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, § 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, § 13003(a)(1), added par. (5). Subsec. (c). Pub. L. 99–272, § 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).

of 2002 AmendmentAmendment by Pub. L. 107–210 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 Aug. 6, 2002, except as otherwise provided, see section 151 of Pub. L. 107–210, set out as a note preceding section 2271 of this title.

of 1992 Amendment Pub. L. 102–318, title I, § 106(b), July 3, 1992, 106 Stat. 295, provided that: “The

made by subsection (a) [amending this section] shall apply to weeks beginning after August 1, 1990.”

of 1988 AmendmentAmendment 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

note under section 2397 of this title.

of 1986 Amendment; Application of Gramm-Rudman Pub. L. 99–272, title XIII, § 13009, Apr. 7, 1986, 100 Stat. 305, provided that: “(a) In General.—Except as provided in subsections (b) and (c), the

made by this part [part 1 (§§ 13001–13009) of subtitle A, amending this section, section 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

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

note set out under section 900 of Title 2, The Congress] and dated January 21, 1986) of the Comptroller General of the United States for fiscal year 1986.”

of 1981 Amendment and Transition Provisions Pub. L. 97–35, title XXV, § 2514, Aug. 13, 1981, 95 Stat. 889, as amended by Pub. L. 97–362, title II, § 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 section 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

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

made by section 2503, 2504, 2505, and 2511 [amending this section, section 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

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 DateNo trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this part after June 30, 2022, except as otherwise provided, see section 285 of Pub. L. 93–618, as modified by section 406(a)(7) of Pub. L. 114–27, set out as notes preceding section 2271 of this title. Application of Subsection (c)(1)Subsection (c)(1) of this section to be applied and administered as if subparagraphs (A), (B), and (C) were not in effect, see section 406(a)(1) of Pub. L. 114–27, set out in an Effective and Termination Dates of 2015 Revival note preceding section 2271 of this title.