For the purposes of the Act and this part 617:
(a) Act means chapter 2 of title II of the Trade Act of 1974, Pub.
L. 93-618, 88 Stat. 1978, 2019-2030 (19 U.S.C. 2271-2322), as amended.
(b) Adversely affected employment means employment in a firm or
appropriate subdivision of a firm, including workers in any agricultural
firm or subdivision of an agricultural firm, if workers of such firm or
appropriate subdivision are certified under the Act as eligible to apply
for TAA.
(c) Adversely affected worker means an individual who, because of
lack of work in adversely affected employment:
(1) Has been totally or partially separated from such employment; or
(2) Has been totally separated from employment with the firm in a
subdivision of which such adversely affected employment exists.
(d) Appropriate week means the week in which the individual's first
separation occurred.
(e) Average weekly hours means a figure obtained by dividing:
(1) Total hours worked (excluding overtime) by a partially separated
individual in adversely affected employment in the 52 weeks (excluding
weeks in such period during which the individual was sick or on
vacation) preceding the individual's first qualifying separation, by
(2) The number of weeks in such 52 weeks (excluding weeks in such
period during which the individual was sick or on vacation) in which the
individual actually worked in such employment.
(f) Average weekly wage means one-thirteenth of the total wages paid
to an individual in the individual's high quarter. The high quarter for
an individual is the quarter in which the total wages paid to the
individual were highest among the first four of the last five completed
calendar quarters preceding the individual's appropriate week.
(g) Average weekly wage in adversely affected employment means a
figure obtained by dividing:
(1) Total wages earned by a partially separated individual in
adversely affected employment in the 52 weeks (excluding the weeks in
that period the individual was sick or on vacation) preceding the
individual's first qualifying separation, by
(2) The number of weeks in such 52 weeks (excluding the weeks in
that period the individual was sick or on vacation) the individual
actually worked in such employment.
(h) Benefit period means, with respect to an individual:
(1) The benefit year and any ensuing period, as determined under the
applicable State law, during which the individual is eligible for
regular compensation, additional compensation, extended compensation, or
federal supplemental compensation, as these terms are defined by
paragraph (oo) of this section; or
(2) The equivalent to such a benefit year or ensuing period provided
for under the Federal unemployment insurance law.
(i) Bona fide application for training means an individual's signed
and dated application for training filed with the State agency
administering the TAA training program, on a form necessarily containing
the individual's name, petition number, local office number, and
specific occupational training. This form shall be signed and dated by a
State agency representative upon receipt.
(j)(1) Certification means a certification of eligibility to apply
for TAA issued under section 223 of the Act with respect to a specified
group of workers of a firm or appropriate subdivision of a firm.
(2) Certification period means the period of time during which total
and partial separations from adversely affected employment within a firm
or appropriate subdivision of a firm are covered by the certification.
(k) Commuting area means the area in which an individual would be
expected to travel to and from work on a daily basis as determined under
the applicable State law.
(l) Date of separation means:
(1) With respect to a total separation--
(i) For an individual in employment status, the last day worked; and
(ii) For an individual on employer-authorized leave, the last day
the individual would have worked had the individual been working; and
(2) With respect to a partial separation, the last day of the week
in which the partial separation occurred.
(m) Eligibility period means the period of consecutive calendar
weeks during which basic or additional TRA is payable to an otherwise
eligible individual, and for an individual such eligibility period is--
(1) Basic TRA. (i) With respect to a first qualifying separation (as
defined in paragraph (t)(3)(i)(A) of this section) that occurs on a day
that precedes August 23, 1988, the 104-week period beginning with the
first week following the week with respect to which the individual first
exhausts all rights to regular compensation (as defined in paragraph
(oo)(1) of this section) in such individual's first benefit period (as
described in Sec. 617.11(a)(1)(iv)) or Sec. 617.11(a)(2)(iv), whichever
is applicable), and
(ii) With respect to a total qualifying separation (as defined in
paragraph (t)(3)(i)(B) of this section) that occurs on or after August
23, 1988--or before August 23, 1988, if the individual also had a prior
first qualifying separation under the same certification--the 104-week
period beginning with the first week following the week in which such
total qualifying separation occurred;
Provided, that, an individual who has a second or subsequent total
qualifying separation within the certification period of the same
certification shall be determined to have a new 104-week eligibility
period based upon the most recent such total qualifying separation; but
the rule of this proviso shall not be applicable in the case of an
individual who had a total qualifying separation before August 23, 1988,
and also had a prior first qualifying separation (as referred to in
paragraph (m)(1)(i) of this section) within the certification period of
the same certification, if the individual's 104-week eligibility period
based upon the total qualifying separation (as referred to in paragraph
(m)(1)(i) of this section) would end on a
date earlier than the ending date of the individual's eligibility period
which is based upon the prior first qualifying separation; and
(2) Additional TRA. With respect to additional weeks of TRA, and any
individual determined under this part 617 to be entitled to additional
TRA, the consecutive calendar weeks that occur in the 26-week period
that--
(i) Immediately follows the last week of entitlement to basic TRA
otherwise payable to the individual, or
(ii) Begins with the first week of training approved under this part
617, if such training begins after the last week described in paragraph
(m)(2)(i) of this section, or
(iii) Begins with the first week in which such training is approved
under this part 617, if such training is so approved after the training
has commenced; but approval of training under this part 617 after the
training has commenced shall not imply or justify approval of a payment
of basic or additional TRA with respect to any week which ended before
the week in which such training was approved, nor approval of payment of
any costs of training or any costs or expenses associated with such
training (such as travel or subsistence) which were incurred prior to
the date of the approval of such training under this part 617.
(n) Employer means any individual or type of organization, including
the Federal government, a State government, a political subdivision, or
an instrumentality of one or more governmental entities, with one or
more individuals performing service in employment for it within the
United States.
(o) Employment means any service performed for an employer by an
officer of a corporation or an individual for wages.
(p) Exhaustion of UI means exhaustion of all rights to UI in a
benefit period by reason of:
(1) Having received all UI to which an individual was entitled under
the applicable State law or Federal unemployment compensation law with
respect to such benefit period; or
(2) The expiration of such benefit period.
(q) Family means the following members of an individual's household
whose principal place of abode is with the individual in a home the
individual maintains or would maintain but for unemployment:
(1) A spouse;
(2) An unmarried child, including a stepchild, adopted child, or
foster child, under age 21 or of any age if incapable of self-support
because of mental or physical incapacity; and
(3) Any other person whom the individual would be entitled to claim
as a dependent for income tax purposes under the Internal Revenue Code
of 1954.
(r) First benefit period means the benefit period established after
the individual's first qualifying separation or in which such separation
occurs.
(s) First exhaustion of UI means the first time in an individual's
first benefit period that the individual exhausts all rights to UI;
first exhaustion shall be deemed to be complete at the end of the week
the exhaustion occurs.
(t)(1) First separation means, for an individual to qualify as an
adversely affected worker for the purposes of TAA program benefits
(without regard to whether the individual also qualifies for TRA), the
individual's first total or partial separation within the certification
period of a certification, irrespective of whether such first separation
also is a qualifying separation as defined in paragraph (t)(2) of this
section;
(2) Qualifying separation means, for an individual to qualify as an
adversely affected worker and for basic TRA--
(i) Prior to August 23, 1988, the individual's first (total or
partial) separation within the certification per-iod of a certification,
with respect to which the individual meets all of the requirements of
Sec. 617.11(a)(1) (i) through (iv), and which qualifies as a first
qualifying separation as defined in paragraph (t)(3)(i)(A) of this
section, and
(ii) At any time before, on, or after August 23, 1988, any total
separation of the individual within the certification period of a
certification (other than a first qualifying separation as defined in
paragraph (t)(3)(i)(A) of this section), with respect to which the
individual meets all of the requirements in Sec. 617.11(a)(2) (i)
through (iv), and which
qualifies as a total qualifying separation as defined in paragraph (B)
of (t)(3)(i)(B) of this section;
(3) ``First qualifying separation'' means--
(i) For the purposes of determining an individual's eligibility
period for basic TRA--
(A) With respect to a separation that occurs before August 23, 1988,
the individual's first (total or partial) separation within the
certification period of a certification, with respect to which the
individual meets all of the requirements of Sec. 617.11(a)(1) (i)
through (iv), and
(B) With respect to a separation that occurs before, on, or after
August 23, 1988 (other than a first qualifying separation as defined in
paragraph (t)(3)(i)(A) of this section), the first total separation of
the individual within the certification period of a certification, with
respect to which the individual meets all of the requirements in
Sec. 617.11(a)(2) (i) through (iv); and
(ii) For the purposes of determining the weekly and maximum amounts
of basic TRA payable to an individual, with respect to a separation that
occurs before, on, or after August 23, 1988, the individual's first
(total or partial) separation within the certification period of a
certification if, with respect to such separation, the individual meets
the requirements of Sec. 617.11(a)(1) (i), (ii) and (iv) or
Sec. 617.11(a)(2) (i), (ii) and (iv).
(u) Head of family means an individual who maintains a home for a
family. An individual maintains a home if over half the cost of
maintenance is furnished by the individual or would be furnished but for
unemployment.
(v) Impact date means the date stated in a certification issued
under the Act on which total or partial separations began or threatened
to begin in a firm or a subdivision of a firm.
(w) Job search program means a job search workshop or job finding
club.
(x) 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 should include, but not be limited to, labor
market information, resume writing, interviewing techniques, and
techniques for finding job openings.
(y) Job finding club means a job search workshop which includes a
period of 1 to 2 weeks of structured, supervised activity in which
participants attempt to obtain jobs.
(z) Layoff means a suspension of or separation from employment by a
firm for lack of work, initiated by the employer, and expected to be for
a definite or indefinite period of not less than seven consecutive days.
(aa) Liable State and Agent State are defined as follows:
(1) Liable State means, with respect to any individual, the State
whose State law is the applicable State law as determined under
Sec. 617.16 for all purposes of this Part 617.
(2) Agent State means, with respect to any individual, any State
other than the State which is the liable State for such individual.
(bb) On-the-job training means training provided by an employer to
an individual who is employed by the employer.
(cc) Partial separation means that during a week ending on or after
the impact date specified in the certification under which an adversely
affected worker is covered, the individual had:
(1) Hours of work reduced to 80 percent or less of the individual's
average weekly hours in adversely affected employment; and
(2) Wages reduced to 80 percent or less of the individual's average
weekly wage in such adversely affected employment.
(dd) Regional Administrator means the appropriate Regional
Administrator of the Employment and Training Administration, United
States Department of Labor (hereafter Department).
(ee) Remuneration means remuneration as defined in the applicable
State law.
(ff) Secretary means the Secretary of Labor, U.S. Department of
Labor, or his or her designee.
(gg) Separate maintenance means maintaining another (second)
residence, in addition to the individual's regular place of residence,
while attending a training facility outside the individual's commuting
area.
(hh) State means the States of the United States, the District of
Columbia, and the Commonwealth of Puerto Rico, and the term ``United
States'' when used in a geographical sense includes such Commonwealth.
(ii) State agency means the State Employment Security Agency; the
employment service of the State; any State agency carrying out title III
of the Job Training Partnership Act; or any other State or local agency
administering job training or related programs with which the Secretary
has an agreement to carry out any of the provisions of the Act.
(jj) State law means the unemployment compensation law of a State
approved by the Secretary under section 3304 of the Internal Revenue
Code of 1954 (26 U.S.C. 3304).
(kk) Suitable work means, with respect to an individual:
(1) Suitable work as defined in the applicable State law for
claimants for regular compensation (as defined in paragraph (oo)(1) of
this section); or
(2) Suitable work as defined in applicable State law provisions
consistent with section 202(a)(3) of the Federal-State Extended
Unemployment Compensation Act of 1970;
whichever is applicable, but does not in any case include self-
employment or employment as an independent contractor.
(ll) Total separation means a layoff or severance of an individual
from employment with a firm in which, or in a subdivision of which,
adversely affected employment exists.
(mm) Trade adjustment assistance (TAA) means the services and
allowances provided for achieving reemployment of adversely affected
workers, including TRA, training and other reemployment services, and
job search allowances and relocation allowances.
(nn) Trade readjustment allowance (TRA) means a weekly allowance
payable to an adversely affected worker with respect to such worker's
unemployment under subpart B of this part 617.
(oo) Unemployment insurance (UI) means the unemployment compensation
payable to an individual under any State law or Federal unemployment
compensation law, including chapter 85, title 5 of the United States
Code, and the Railroad Unemployment Insurance Act. ``UI'' includes
``regular compensation,'' ``additional compensation,'' ``extended
compensation,'' and ``federal supplemental compensation,'' defined as
follows:
(1) Regular compensation means unemployment compensation payable to
an individual under any State law, and, when so payable, includes
unemployment compensation payable pursuant to chapter 85, title 5 of the
United States Code, but does not include extended compensation,
additional compensation, or federal supplemental compensation;
(2) Additional compensation means unemployment compensation totally
financed by a State and payable under a State law by reason of
conditions of high unemployment or by reason of other special factors
and, when so payable, includes unemployment compensation payable
pursuant to chapter 85, title 5 of the United States Code; and
(3) Extended compensation means the extended unemployment
compensation payable to an individual for weeks of unemployment which
begin in an Extended Benefit Period, under those provisions of a State
law which satisfy the requirements of the Federal-State Extended
Unemployment Compensation Act of 1970 and regulations governing the
payment of extended unemployment compensation, and, when so payable,
includes unemployment compensation payable pursuant to chapter 85, title
5 of the United States Code, but does not include regular compensation,
additional compensation, or federal supplemental compensation. Extended
compensation is also referred to in this part 617 as Extended Benefits
or EB.
(4) Federal supplemental compensation means the supplemental
unemployment compensation payable to individuals who have exhausted
their rights to regular and extended compensation, and which is payable
under the Federal Supplemental Compensation Act of 1982 or any similar
Federal law enacted before or after the 1982 Act.
(pp) Wages means all compensation for employment for an employer,
including commissions, bonuses, and the
cash value of all compensation in a medium other than cash.
(qq) Week means a week as defined in the applicable State law.
(rr) Week of unemployment means a week of total, part total, or
partial unemployment as determined under the applicable State law or
Federal unemployment compensation law.
[51 FR 45848, Dec. 22, 1986, as amended at 53 FR 32348, Aug. 24, 1988;
59 FR 926, 927, Jan. 6, 1994; 61 FR 19983, May 3, 1996]
