§ 2292. Weekly amounts

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1975

   Trade Act of 1974

   Pub. L. 93–618 title II § 232 · 88 Stat. 1978

   Enacted · 19 U.S.C. § 2292

   Pub. L. 93–618, title II, § 232, Jan. 3, 1975, 88 Stat. 2021

   Source evidence

   Code source credit
   Pub. L. 93–618, title II, § 232, Jan. 3, 1975, 88 Stat. 2021

   Enacted provision · exact public law section
   SEC. 232. WEEKLY AMOUNTS. (a) Subject to the other provisions of this section, the trade readjustment allowance payable to an adversely affected worker for a week of unemployment shall be— (1) 70 percent of his average weekly wage (but not in excess of the average weekly manufacturing wage), reduced by (2) 50 percent of the amount of the remuneration for services performed during such week. (b) Any adversely affected worker who is entitled to trade readjustment allowances and who is undergoing training approved by the Secretary, including on-the-job training, shall receive for each week in which he is undergoing any such training, a trade readjustment allowance in an amount (computed for such week) equal to the amount computed under subsection (a) or (if greater) the amount of any weekly allowance for such training to which he would be entitled under any other Federal law for the training of workers, if he applied for such allowance. Such trade readjustment allowance shall be paid in lieu of any training allowance to which the worker would be entitled under such other Federal law. (c) The amount of trade readjustment allowance payable to an adversely affected worker under subsection (a) for any week shall be reduced by any amount of unemployment insurance which he receives, or which he would receive if he applied for such insurance, with respect to such week; but, if the appropriate State or Federal agency finally determines that the worker was not entitled to unemployment insurance with respect to such week, the reduction shall not apply with respect to such week. (d) If unemployment insurance, or a t raining allowance under any Federal law, is paid to an adversely affected worker for any week of unemployment with respect to which he would he entitled (determined without regard to subsection (c) or (e) or to any disqualification under section 236(c)) to a trade readjustment allowance if he applied for such allowance, each such week shall be deducted from the total number of weeks of trade readjustment allowance otherwise, payable to him under section 233(a) when he applies for a trade readjustment allowance and is determined to be entitled to such allowance. If the unemployment insurance or the training allowance paid to such worker for any week of unemployment is less than the amount of the trade readjustment allowance to which he would be entitled if he applied for such allowance, he shall receive, when he applies for a trade readjustment allowance and is determined to be entitled to such allowance, a trade readjustment allowance for such week equal to such difference. (e) Whenever, with respect to any week of unemployment, the total amount payable to an adversely affected worker as remuneration for services performed during such week, as unemployment insurance, as a training allowance referred to in subsection (d), and as a trade readjustment allowance exceeds 80 percent of his average weekly wage (or, if lesser. 130 percent of the average weekly manufacturing wage), then his trade readjustment allowance for such week shall be reduced by the amount of such excess. (f) The amount of any weekly payment to be made under this section which is not a whole dollar amount shall be rounded upward to the next higher whole dollar amount.

2. 1981

   Pub. L. 97–35 § 2504(a)(1) · 95 Stat. 357

   Substituted · 19 U.S.C. § 2292(a)

   Pub. L. 97–35, § 2504(a)(1), substituted provisions setting forth amount of allowance as reduced (but not below zero) by training allowance and income deductions for provisions setting forth amount of allowance as computed by specified percentages of wages and reduced by paid remuneration

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–35, § 2504(a)(1), substituted provisions setting forth amount of allowance as reduced (but not below zero) by training allowance and income deductions for provisions setting forth amount of allowance as computed by specified percentages of wages and reduced by paid remuneration.

   Enacted provision · exact public law section
   (1) by amending subsection (a) to read as follows: “(a) Subject to subsections (b) and (c), the trade readjustment allowance payable to an adversely affected worker for a week of total unemployment shall be an amount equal to the most recent weekly benefit amount of the unemployment insurance payable to the worker for a week of total unemployment preceding the worker’s first exhaustion of unemployment insurance (as determined for purposes of section 231(a)(3)(B)) reduced (but not below zero) by— Ante, p. 881. “(1) any training allowance deductible under subsection (c); and “(2) income that is deductible from unemployment insurance under the disqualifying income provisions of the applicable State law or Federal unemployment insurance law.”;

3. 1981

   Pub. L. 97–35 § 2504(a)(2) · 95 Stat. 357

   1. Redesignated · 19 U.S.C. § 2292(c); 19 U.S.C. § 2292(d)

      Pub. L. 97–35, § 2504(a)(2)–(4), redesignated subsec. (d) as (c)

   2. Struck · 19 U.S.C. § 2292(c); 19 U.S.C. § 2292(d)

      Pub. L. 97–35, § 2504(a)(2)–(4), struck out references to unemployment insurance and to the inapplicability of former subsecs. (c) and (e) of this section. Former subsec. (c), which related to the computation of unemployment insurance, was struck out

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 97–35, § 2504(a)(2)–(4), redesignated subsec. (d) as (c) and struck out references to unemployment insurance and to the inapplicability of former subsecs. (c) and (e) of this section. Former subsec. (c), which related to the computation of unemployment insurance, was struck out.

   Enacted provision · exact public law section
   (2) by striking out subsections (c), (e) and (f);

4. 1981

   Pub. L. 97–35 § 2504(a)(2) · 95 Stat. 357

   Struck · 19 U.S.C. § 2292(e)

   Pub. L. 97–35, § 2504(a)(2), struck out subsec. (e) which related to maximum total for all remuneration and allowances

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 97–35, § 2504(a)(2), struck out subsec. (e) which related to maximum total for all remuneration and allowances.

   Enacted provision · exact public law section
   (2) by striking out subsections (c), (e) and (f);

5. 1981

   Pub. L. 97–35 § 2504(a)(2) · 95 Stat. 357

   Struck · 19 U.S.C. § 2292(f)

   Pub. L. 97–35, § 2504(a)(2), struck out subsec. (f) which authorized rounding off to whole dollar amounts

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 97–35, § 2504(a)(2), struck out subsec. (f) which authorized rounding off to whole dollar amounts.

   Enacted provision · exact public law section
   (2) by striking out subsections (c), (e) and (f);

6. 1986

   Trade Adjustment Assistance Reform and Extension Act of 1986

   Pub. L. 99–272 title XIII § 13003(c) · 100 Stat. 82

   1. Substituted · 19 U.S.C. § 2292(c)

      Pub. L. 99–272 substituted “under any Federal law other than this chapter” for “under any Federal law,”

   2. Substituted · 19 U.S.C. § 2292(c)

      Pub. L. 99–272 substituted “section 2291(c) or 2296(c) of this title” for “section 2296(c) of this title”

   3. Substituted · 19 U.S.C. § 2292(c)

      Pub. L. 99–272 substituted “If such training allowance” for “If the training allowance”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 99–272 substituted “under any Federal law other than this chapter” for “under any Federal law,”, “section 2291(c) or 2296(c) of this title” for “section 2296(c) of this title”, and “If such training allowance” for “If the training allowance”.

   Enacted provision · exact public law section
   (c) Weekly Amounts of Readjustment Allowances.— Section 232 of the Trade Act of 1974 (19 U.S.C. 2292) is amended— (1) by striking out “under any Federal law,” in subsection (c) and inserting in lieu thereof “under any Federal law other than this Act”, (2) by striking out “under section 236(c)” in subsection (c) and inserting in lieu thereof “under section 231(c) or 236(c)”, and (3) by striking out “If the training allowance” in subsection (c) and inserting in lieu thereof “If such training allowance”.

7. 1988

   Omnibus Trade and Competitiveness Act of 1988

   Pub. L. 100–418 § 1423(b)(1) · 102 Stat. 1107

   Struck · 19 U.S.C. § 2292(b)

   Pub. L. 100–418, § 1423(b)(1), struck out “, including on-the-job training,” after “approved by the Secretary”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 100–418, § 1423(b)(1), struck out “, including on-the-job training,” after “approved by the Secretary”.

   Enacted provision · exact public law section
   (1) by striking out “, including on-the-job training,” in subsection (b), and

8. 1988

   Omnibus Trade and Competitiveness Act of 1988

   Pub. L. 100–418 § 1423(b)(2) · 102 Stat. 1107

   Substituted · 19 U.S.C. § 2292(c)

   Pub. L. 100–418, § 1423(b)(2), substituted “under section 2291(b)” for “under section 2291(c) or 2296(c)”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 100–418, § 1423(b)(2), substituted “under section 2291(b)” for “under section 2291(c) or 2296(c)”.

   Enacted provision · exact public law section
   (2) by striking out “under section 231(c) or 236(c)” in subsection (c) and inserting in lieu thereof “under section 231(b)”.

9. 2009

   Trade and Globalization Adjustment Assistance Act of 2009

   Pub. L. 111–5 div. B title I § 1822 · 123 Stat. 115

   1. Substituted · 19 U.S.C. § 2292(a)

      Pub. L. 111–5, §§ 1822(1)(A), (B), 1893, temporarily substituted “unemployment shall” for “total unemployment shall” in introductory provisions. See Codification note above and Effective and Termination Dates of 2009 Amendment note below

   2. Substituted · 19 U.S.C. § 2292(a)

      Pub. L. 111–5, §§ 1822(1)(A), (B), 1893, temporarily substituted “subsections (b), (c), and (d)” for “subsections (b) and (c)” in introductory provisions. See Codification note above and Effective and Termination Dates of 2009 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 111–5, §§ 1822(1)(A), (B), 1893, temporarily substituted “unemployment shall” for “total unemployment shall” and “subsections (b), (c), and (d)” for “subsections (b) and (c)” in introductory provisions. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

   Enacted provision · exact public law section
   SEC. 1822. WEEKLY AMOUNTS.   Section 232 of the Trade Act of 1974 (19 U.S.C. 2292) is amended— (1) in subsection (a)— (A) by striking “subsections (b) and (c)” and inserting “subsections (b), (c), and (d)”; (B) by striking “total unemployment” the first place it appears and inserting “unemployment”; and (C) in paragraph (2), by inserting before the period the following: “, except that in the case of an adversely affected worker who is participating in training under this chapter, such income shall not include earnings from work for such week that are equal to or less than the most recent weekly benefit amount of the unemployment insurance payable to the worker for a week of total unemployment preceding the worker’s first exhaustion of unemployment insurance (as determined for purposes of section 231(a)(3)(B))”; and (2) by adding at the end the following: “(d) Election of Trade Readjustment Allowance or Unemployment Insurance.— Notwithstanding section 231(a)(3)(B), an adversely affected worker may elect to receive a trade readjustment allowance instead of unemployment insurance during any week with respect to which the worker— “(1) is entitled to receive unemployment insurance as a result of the establishment by the worker of a new benefit year under State law, based in whole or in part upon part-time or short-term employment in which the worker engaged after the worker’s most recent total separation from adversely affected employment; and “(2) is otherwise entitled to a trade readjustment allowance.” .

   Effective date note
   Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 not applicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above.

10. 2009

    Trade and Globalization Adjustment Assistance Act of 2009

    Pub. L. 111–5 div. B title I § 1822 · 123 Stat. 115

    Inserted · 19 U.S.C. § 2292(a)(2)

    Pub. L. 111–5, §§ 1822(1)(C), 1893, temporarily inserted “, except that in the case of an adversely affected worker who is participating in training under this part, such income shall not include earnings from work for such week that are equal to or less than the most recent weekly benefit amount of the unemployment insurance payable to the worker for a week of total unemployment preceding the worker’s first exhaustion of unemployment insurance (as determined for purposes of section 2291(a)(3)(B) of this title)” before period. See Codification note above and Effective and Termination Dates of 2009 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 111–5, §§ 1822(1)(C), 1893, temporarily inserted “, except that in the case of an adversely affected worker who is participating in training under this part, such income shall not include earnings from work for such week that are equal to or less than the most recent weekly benefit amount of the unemployment insurance payable to the worker for a week of total unemployment preceding the worker’s first exhaustion of unemployment insurance (as determined for purposes of section 2291(a)(3)(B) of this title)” before period. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

    Enacted provision · exact public law section
    SEC. 1822. WEEKLY AMOUNTS.   Section 232 of the Trade Act of 1974 (19 U.S.C. 2292) is amended— (1) in subsection (a)— (A) by striking “subsections (b) and (c)” and inserting “subsections (b), (c), and (d)”; (B) by striking “total unemployment” the first place it appears and inserting “unemployment”; and (C) in paragraph (2), by inserting before the period the following: “, except that in the case of an adversely affected worker who is participating in training under this chapter, such income shall not include earnings from work for such week that are equal to or less than the most recent weekly benefit amount of the unemployment insurance payable to the worker for a week of total unemployment preceding the worker’s first exhaustion of unemployment insurance (as determined for purposes of section 231(a)(3)(B))”; and (2) by adding at the end the following: “(d) Election of Trade Readjustment Allowance or Unemployment Insurance.— Notwithstanding section 231(a)(3)(B), an adversely affected worker may elect to receive a trade readjustment allowance instead of unemployment insurance during any week with respect to which the worker— “(1) is entitled to receive unemployment insurance as a result of the establishment by the worker of a new benefit year under State law, based in whole or in part upon part-time or short-term employment in which the worker engaged after the worker’s most recent total separation from adversely affected employment; and “(2) is otherwise entitled to a trade readjustment allowance.” .

    Effective date note
    Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 not applicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above.

11. 2009

    Trade and Globalization Adjustment Assistance Act of 2009

    Pub. L. 111–5 div. B title I § 1822 · 123 Stat. 115

    Added · 19 U.S.C. § 2292(d)

    Pub. L. 111–5, §§ 1822(2), 1893, temporarily added subsec. (d). See Codification note above and Effective and Termination Dates of 2009 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 111–5, §§ 1822(2), 1893, temporarily added subsec. (d). See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

    Enacted provision · exact public law section
    SEC. 1822. WEEKLY AMOUNTS.   Section 232 of the Trade Act of 1974 (19 U.S.C. 2292) is amended— (1) in subsection (a)— (A) by striking “subsections (b) and (c)” and inserting “subsections (b), (c), and (d)”; (B) by striking “total unemployment” the first place it appears and inserting “unemployment”; and (C) in paragraph (2), by inserting before the period the following: “, except that in the case of an adversely affected worker who is participating in training under this chapter, such income shall not include earnings from work for such week that are equal to or less than the most recent weekly benefit amount of the unemployment insurance payable to the worker for a week of total unemployment preceding the worker’s first exhaustion of unemployment insurance (as determined for purposes of section 231(a)(3)(B))”; and (2) by adding at the end the following: “(d) Election of Trade Readjustment Allowance or Unemployment Insurance.— Notwithstanding section 231(a)(3)(B), an adversely affected worker may elect to receive a trade readjustment allowance instead of unemployment insurance during any week with respect to which the worker— “(1) is entitled to receive unemployment insurance as a result of the establishment by the worker of a new benefit year under State law, based in whole or in part upon part-time or short-term employment in which the worker engaged after the worker’s most recent total separation from adversely affected employment; and “(2) is otherwise entitled to a trade readjustment allowance.” .

    Effective date note
    Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 not applicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above.

12. 2011

    Trade Adjustment Assistance Extension Act of 2011

    Pub. L. 112–40 title II § 201(b) · 125 Stat. 403

    Changed · 19 U.S.C. § 2292

    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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (b) Applicability of Certain Provisions.— Except as otherwise provided in this subtitle, the provisions of chapters 2 through 6 of title II of the Trade Act of 1974, as in effect on February 12, 2011, and as amended by this subtitle, shall— (1) take effect on the date of the enactment of this Act; and (2) apply to petitions for certification filed under chapter 2, 3, or 6 of title II of the Trade Act of 1974 on or after such date of enactment.

    Effective date note
    Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 not applicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above.

13. 2015

    Trade Adjustment Assistance Reauthorization Act of 2015

    Pub. L. 114–27 title IV § 402(b) · 129 Stat. 362

    Changed · 19 U.S.C. § 2292

    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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (b) Applicability of Certain Provisions.— Except as otherwise provided in this title, the provisions of chapters 2 through 6 of title II of the Trade Act of 1974, as in effect on December 31, 2013, and as amended by this title, shall— (1) Effective date. take effect on the date of the enactment of this Act; and (2) apply to petitions for certification filed under chapter 2, 3, or 6 of title II of the Trade Act of 1974 on or after such date of enactment.

17 of 17 references resolved to an enrolled provision