The procedures for administering the Trade Act of 1974 before and
after the amendments made by title XXV of the Omnibus Budget
Reconciliation Act of 1981 (Pub. L. 97-35) are as follows:
(a) TRA. The provisions contained in subpart B of this part 617
shall apply with respect to the qualifying requirements for TRA for
adversely affected workers who are separated on or after October 1,
1981, and were not entitled to TRA for any week of unemployment
beginning before October 1, 1981. In addition, such provisions shall
apply to TRA payable for weeks of unemploymant beginning after September
30, 1981, to adversely affected workers separated before October 1,
1981. Any adversely affected worker entitled to TRA for any week of
unemployment beginning before October 1,
1981, shall be entitled to TRA as follows:
(1) Weeks before October 1, 1981. For weeks of unemployment
beginning before October 1, 1981, TRA eligibility shall be determined
under the provisions of the law and regulations in effect before the
amendments made by title XXV of the Omnibus Budget Reconciliation Act of
1981 (Pub. L. 97-35).
(2) Weeks after September 30, 1981. (i) Basic weeks (UI exhaustion).
For any week of unemployment beginning after September 30, 1981, TRA
eligibility for an individual who has exhausted all rights to UI prior
to such week shall be determined under subpart B of this part 617,
except that the maximum amount of basic TRA payable to the individual
for any such week of unemployment shall be an amount equal to the
product of the amount of TRA payable to the individual for a week of
total unemployment (as determined under Sec. 617.13(a)) 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, including all weeks in the individual's first
benefit period, and which are within the period covered by the same
certification as such week of unemployment, for which the individual was
entitled to a payment of TRA or UI (or would have been entitled to a
payment of TRA or UI if the individual had applied therefor); plus
(B) The number of weeks preceding such first week that are
deductible under section 232(d) of the Trade Act of 1974 in effect
before the amendments made by the Omnibus Budget Reconciliation Act of
1981.
(C) The amount of TRA payable to an individual under this paragraph
(a)(2)(i) shall be subject to adjustment on a week-to-week basis as may
be required by Sec. 617.13(b).
(ii) Basic weeks UI entitlement. For any week of unemployment
beginning after September 30, 1981, TRA eligibility for an individual
who still has entitlement to UI shall be discontinued until the
individual exhausts all rights to UI as provided in Sec. 6.17.11(a)(5).
After exhaustion of all rights to UI, payment of TRA shall be determined
under subpart B of this part 617, except that the maximum amount of
basic TRA payable to the individual for ensuing weeks of unemployment
shall be an amount equal to the remainder of:
(A) The maximum amount of basic TRA as computed under paragraph
(a)(2)(i) of this section; minus
(B) The total sum of UI to which the individual was entitled (or
would have been entitled if the individual had applied therefor) for
weeks beginning after September 30, 1981.
(iii) Additional weeks. With respect to any week of unemployment
beginning after September 30, 1981, for an individual who is in training
approved under section 236 of the Trade Act of 1974, and who was
receiving TRA for basic or additional weeks beginning before October 1,
1981, the weekly amount of TRA for any additional weeks beginning after
September 30, 1981, shall be determined under subpart B of this part
617.
(3) Transitional eligibility period. (i) Basic weeks. Any individual
who was eligible for a basic TRA payment for any week beginning before
October 1, 1981, shall not be eligible for a basic TRA payment for any
week beginning after September 30, 1981, and which begins more than 52
weeks after the individual has exhausted all rights to regular
compensation in the first benefit period (as provided in
Sec. 617.15(a)).
(ii) Additional weeks. Any individual who was eligible for a TRA
payment for an additional week beginning before October 1, 1981, shall
not be eligible for a TRA payment for any additional week beginning
after September 30, 1981, unless such additional week begins wtthin:
(A) 26 weeks after the last week of the individual's entitlement to
basic TRA, or
(B) 78 weeks after the individual exhausted regular compensation in
the first benefit period, whichever occurs first (as provided in
Sec. 617.15).
(b) Training, other reemployment services, and allowances. (1)
Applications for training filed before October 1, 1981, concerning the
approval of such training after September 30, 1981, shall be determined
under subpart C of this part 617.
(2) Applications for transportation and subsistence payments while
in training, and job search and relocation
allowances filed after September 30, 1981, shall be determined under the
applicable subpart C, D, or E of this part 617.
(3) Individuals who have had self-financed training approved prior
to October 1, 1981, shall not be reimbursed for training and related
expenses incurred while in such training. However, such individuals may
have their eligibility for approved training considered under the
criteria outlined in the amended section 236 of the Act and in
Sec. 617.22, and, if approved, shall be entitled to have post-approval
training costs paid.
(c) Fraud and recovery of overpayments. The fraud and overpayment
recovery provisions of this subpart G shall take effect on August 13,
1981, and shall apply to all overpayments outstanding on that date or
determined on or after that date.
(d) Required amendments to State law. The provisions of section
2514(a)(2)(D) of the Omnibus Budget Reconciliation Act of 1981 (Pub. L.
97-35) (relating to amendment of State laws) shall apply to State laws
for the purposes of certifications under section 3304(c) of the Internal
Revenue Code of 1984 on October 31 of any taxable year after 1981;
except that, in any State in which the legislature of that State--
(1) Does not meet in a session which begins after August 13, 1981,
and before September 1, 1982, and
(2) If in session on August 13, 1981, and does not remain in session
for at least 25 calendar days thereafter, the date of ``1981'' in this
paragraph (d) shall be deemed to be ``1982.''
[51 FR 45848, Dec. 22, 1986, as amended at 53 FR 32352, Aug. 24, 1988]
