§ 2319. Definitions

2,182 words·~10 min read·/usc/title-19/section-2319

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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(3)Repealed. Pub. L. 97–35, title XXV, § 2511(1), Aug. 13, 1981, 95 Stat. 888.

(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(7)Repealed. Pub. L. 97–35, title XXV, § 2511(1), Aug. 13, 1981, 95 Stat. 888.

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

(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)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 [45 U.S.C. 351 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 (26 U.S.C. 3304 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.

(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, § 247, Jan. 3, 1975, 88 Stat. 2028; Pub. L. 97–35, title XXV, § 2511, Aug. 13, 1981, 95 Stat. 888; Pub. L. 99–272, title XIII, §§ 13004(b), 13005(b), Apr. 7, 1986, 100 Stat. 303; Pub. L. 111–5, div. B, title I, §§ 1801(a), 1830(a)(2), Feb. 17, 2009, 123 Stat. 367, 384; Pub. L. 112–40, title II, §§ 201(b), (c), 211(b), Oct. 21, 2011, 125 Stat. 403; Pub. L. 114–27, title IV, §§ 402(b), (c), 404(c), June 29, 2015, 129 Stat. 374, 376.)

Termination of Assistance

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

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