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NOTES:
Source
(, title II, § 231, Jan. 3, 1975, ; , title XXV, § 2503, Aug. 13, 1981, ; , title XIII, § 13003(a)(1), (2), (b), Apr. 7, 1986, , 301; , title I, § 1423(a)(1)–(3), Aug. 23, 1988, , 1245; , title I, § 106(a), July 3, 1992, ; , div. A, title I, §§ 114,
115, Aug. 6, 2002, .)
References in Text
The Federal-State Extended Unemployment Compensation Act of 1970, referred to in subsec. (a)(4), is title II of , Aug. 10, 1970, , as amended, which is classified generally as a note under section
of Title
, Internal Revenue Code. Section 202(a)(3) of such Act, referred to in subsec. (a)(4), is set out in the note under section
of Title
. For complete classification of this Act to the Code, see Tables.
The Social Security Act, referred to in subsec. (c)(1)(C)(i), is act Aug. 14, 1935, ch. 531, , as amended. Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of chapter
of Title
, The Public Health and Welfare. For complete classification of this Act to the Code, see section
of Title
and Tables.
Section
of title
, referred to in subsec. (c)(1)(F), defines the term “area vocational and technical education school” but not the term “area vocational education school”.
Amendments
2002—Subsec. (a)(3)(B). , § 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). , § 114(b), designated existing provisions as cl. (i) and added cl. (ii).
Subsec. (a)(5)(C). , § 115(b), struck out “certified” after “statement”.
Subsec. (c). , § 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). 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). , § 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
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
of this title.”
Subsec. (b). , § 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). , § 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). , § 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). , § 13003(a)(1), added par. (5).
Subsec. (c). , § 13003(a)(2), added subsec. (c).
1981— 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
of this title, substantially revised and reorganized conditions by, among other changes, adding pars. (3) and (4), and added subsec. (b).
Effective Date of 2002 Amendment
Amendment 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 Aug. 6, 2002, except as otherwise provided, see section 151 of , set out as a note preceding section
of this title.
Effective Date of 1992 Amendment
Section 106(b) of 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 effective on date that is 90 days after Aug. 23, 1988, see section 1430(f) of , set out as an Effective Date note under section
of this title.
Effective Date of 1986 Amendment; Application of Gramm-Rudman
Section 13009 of provided that:
“(a) In General.—Except as provided in subsections (b) and (c), the amendments made by this part [part 1 (§§ 13001–13009) of subtitle A, amending this section, sections
,
,
,
,
,
,
,
,
,
to
, and
of this title, and provisions set out as a note preceding section
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
of this title] apply with respect to workers covered by petitions filed under section 221 of the Trade Act of 1974 [section
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 ( U.S.C. , et seq.) [parts 2 and 3 of this subchapter] shall be applied as if the amendments made by sections
13007 and
13008 [amending sections
and
of this title and provisions set out as a note preceding section
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
to
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
of Title
, 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 , as amended by , title II, § 204, Oct. 24, 1982, , provided that:
“(a)(1) Except as provided in paragraph (2), this subtitle [enacting section
of this title, amending this section and sections
,
,
,
,
,
,
,
,
,
,
, and
of this title, repealing section
of this title, enacting provisions set out as a note under section
of this title, and amending provisions set out as a note preceding section
of this title and under section
of Title
, 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
[amending section
of this title] shall apply with respect to all petitions for certification filed under section 221 of the Trade Act of 1974 [section
of this title] on or after October 1, 1983.
“(B) The amendments made by sections
,
,
2505, and
[amending this section, sections
,
, and
of this title, and provisions set out as a note under section
of Title
, 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
,
, and
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
,
, and
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
and
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
of Title
] shall apply to State unemployment compensation laws for purposes of certifications under section 3304(c) of the Internal Revenue Code of 1954 [section
of Title
] 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
as so amended [section
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
(as in effect before the amendments made by section
) [section
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
[section
of this title].”
Termination Date
No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this part after Sept. 30, 2007, except as otherwise provided, see section 285 of , as amended, set out as a note preceding section
of this title.
Section Referred to in Other Sections
This section is referred to in sections
,
,
,
,
,
,
of this title; title
sections
,
.
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