19 U.S.C. § 2294

Application of State laws

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Except where inconsistent with the provisions of this part and subject to such regulations as the Secretary may prescribe, the availability and disqualification provisions of the State law—(1) under which an adversely affected worker is entitled to unemployment insurance (whether or not he has filed a claim for such insurance), or(2) if he is not so entitled to unemployment insurance, of the State in which he was totally or partially separated,shall apply to any such worker who files a claim for trade readjustment allowances. The State law so determined with respect to a separation of a worker shall remain applicable, for purposes of the preceding sentence, with respect to such separation until such worker becomes entitled to unemployment insurance under another State law (whether or not he has filed a claim for such insurance).(Pub. L. 93–618, title II, § 234, Jan. 3, 1975, 88 Stat. 2022; Pub. L. 111–5, div. B, title I, § 1825, Feb. 17, 2009, 123 Stat. 378; Pub. L. 112–40, title II, §§ 201(b), (c), 212(b), Oct. 21, 2011, 125 Stat. 403, 404; Pub. L. 114–27, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)Termination of Assistance

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

Editorial NotesCodification

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

Section 233 of Pub. L. 112–40, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 114–27, title IV, § 402(a), June 29, 2015, 129 Stat. 374, and the provisions of this section, as in effect on Dec. 31, 2013, were temporarily revived, effective June 29, 2015, until July 1, 2021, by Pub. L. 114–27, §§ 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. 111–5, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 111–5, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 111—5 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 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

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. (b). Pub. L. 112–40, §§ 212(b), 233, temporarily amended subsec. (b) generally. Prior to amendment, text read as follows: “Any law, regulation, policy, or practice of a cooperating State that allows for a waiver for good cause of any time limitation relating to the administration of the State unemployment insurance law shall, in the administration of the program under this part by the State, apply to any time limitation with respect to an application for a trade readjustment allowance or enrollment in training under this part.” See Codification note above and 2009 Amendment and Effective and Termination Dates of 2011 Revival notes below.

2009—Pub. L. 111–5, §§ 1825, 1893, temporarily designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Statutory Notes and Related SubsidiariesEffective and Termination Dates of 2015 Revival

For revival and applicability, beginning on June 29, 2015, of the provisions of this section as in effect on Dec. 31, 2013, see section 402(b), (c) of Pub. L. 114–27, set out as a note preceding section 2271 of this title.

For reversion, beginning on July 1, 2021, to the provisions of this section as in effect on Jan. 1, 2014, with certain exceptions and subject to section 406(b) of Pub. L. 114–27, see section 406 of Pub. L. 114–27, set out as a note preceding section 2271 of this title.

Effective and Termination Dates of 2011 Revival

For revival and applicability, beginning on Oct. 21, 2011, of the provisions of this section as in effect on Feb. 12, 2011, see section 201(b), (c) of Pub. L. 112–40, set out as a note preceding section 2271 of this title.

Section 233 of Pub. L. 112–40, formerly set out as a note preceding section 2271 of this title, which provided for the reversion, beginning on Jan. 1, 2014, of the provisions of this section to those in effect on Feb. 13, 2011, subject to certain exceptions, was repealed by Pub. L. 114–27, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effective June 29, 2015. See Codification note above.

Effective and Termination Dates of 2009 Amendment

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.

Termination Date

No 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.

Notes of Decisions

Cited in 17 cases, 1980–2015 · leading case: Sidell v. Review Bd. of Indiana Emp. Sec. Div., 428 N.E.2d 281 (Ind. Ct. App. 1981).

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Sidell v. Review Bd. of Indiana Emp. Sec. Div., 428 N.E.2d 281 (Ind. Ct. App. 1981). · cites it 2× “” 19 U.S.C. § 2294 . “For purposes of this part — (10) the term ‘State Law’ means the unemployment insurance law of the State .”

Skrundz v. Review Bd. of Ind. Emp. SEC., 444 N.E.2d 1217 (Ind. Ct. App. 1983). · cites it 2× “19 U.S.C. § 2294 yields to the application of state law where not in conflict with the Act, and provides as follows: “Except where inconsistent with the provisions of this chapter [ 19 U.”

Burnside v. Colvin, 197 F. Supp. 3d 705 (M.D. Penn. 2015). “§ 2291 (c)(1)(A) states that a health waiver from training requirements “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”…”

Wailuku Sugar Co. v. Agsalud, 648 P.2d 1107 (Haw. 1982). “19 U.S.C. § 2294 provides: Except where inconsistent with the provisions of this part and subject to such regulations as the Secretary may prescribe, the availability and disqualification provisions of the State law — (1) under which an adversely affected worker is entitled to…”

Puckett v. Review Bd. of the Indiana Emp. Sec. Div., 413 N.E.2d 295 (Ind. Ct. App. 1980). · cites it 2× “) 19 U.S.C. § 2294 . It is, therefore, incorrect to assert, as claimant here does, that certification by the *300 Department of Labor mandates payment of TRA benefits by the Review Board.”

John E. Demarinis v. Raymond J. Donovan, Sec'y of Labor, 728 F.2d 1266 (9th Cir. 1984). “See also The Trade Act of 1974, 19 U.S.C. § 2294 . Demarinis was thus never eligible for REPP benefits.”

Shone v. Maine Emp. Sec. Comm'n, 441 A.2d 282 (Me. 1982). “Shone has raised no issue concerning the applicability of the disqualification provisions of state law under 19 U.S.C.A. § 2294 to the trade readjustment allowance, 19 U.”

Lowe v. Unemployment Comp. Bd. of Review, 877 A.2d 494 (Pa. Commw. Ct. 2005). “5 State law governs the application of the Trade Act to the states pursuant to 19 U.S.C. § 2294 : Application of State laws: *498 Except where inconsistent with the provisions of this part and subject to such regulations as the Secretary may prescribe, the availability and…”

Mosqueda v. Commonwealth, Unemployment Comp. Bd. of Review, 431 A.2d 371 (Pa. Commw. Ct. 1981). “19 U.S.C. §2294 . 29 C.F.R. §91.10 . 19 U.”

Panczak v. Commonwealth, 409 A.2d 929 (Pa. Commw. Ct. 1980). “19 U.S.C. §2294 provides: Except where inconsistent with the provisions of this part and subject to such regulations as to the Secretary may prescribe, the availability and disqualification provisions of the State law— (1) under which an adversely affected worker is entitled to…”

Chandler v. Unemployment Comp. Bd. of Review, 580 A.2d 460 (Pa. Commw. Ct. 1990). “Section 2294 of the Trade Act, 19 U.S.C. § 2294 , which concerns the application of state laws, provides: Except where inconsistent with the provisions of this part and subject to such qualifications as the Secretary [of Labor] may prescribe, the availability and…”

Emp. Dep't v. Furseth, 915 P.2d 1043 (Or. Ct. App. 1996). · cites it 2× “In determining the various criteria for eligibility and disqualification of an applicant for TRA, such as whether the person is unemployed and able and available to work, the state is to apply “applicable state law,” that is, the unemployment compensation law of the state in…”

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