For termination of assistance under this part after
The Workforce Investment Act of 1998, referred to in subsec. (a)(1)(C), (2)(A), is Pub. L. 105–220,
Section reflects the
Section 233 of Pub. L. 112–40, which provided for the
Amendments made by Pub. L. 113–128 were effective
Section 1893 of Pub. L. 111–5, which provided for
2015—Pub. L. 114–27, §§ 402(b), (c), 406, temporarily revived the provisions of this section, as in effect on
2014—Subsec. (a)(1)(C). Pub. L. 113–128, § 512(hh)(1)(A)(ii), substituted “or a State dislocated worker unit,” for “or the State dislocated worker unit established under title I of such Act,”. See Codification note above.
Pub. L. 113–128, § 512(hh)(1)(A)(i), which directed substitution of “, one-stop operators or one-stop partners (as defined in section 3102 of title 29) including State employment security agencies,” for “, one-stop operators or one-stop partners (as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)) including State employment security agencies,”, was executed by making the substitution for “, one-stop operators or one-stop partners (as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)), including State employment security agencies,” to reflect the probable intent of Congress. See Codification note above.
Subsec. (a)(2)(A). Pub. L. 113–128, § 512(hh)(1)(B), substituted “rapid response activities and appropriate career services (as described in section 3174 of title 29) authorized under other Federal laws” for “rapid response activities and appropriate core and intensive services (as described in section 134 of the Workforce Investment Act of 1998 (29 U.S.C. 2864)) authorized under other Federal laws”. See Codification note above.
2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on
2009—Subsec. (a)(1). Pub. L. 111–5, §§ 1801(e)(1)(A)(i), 1893, temporarily substituted “Secretary of Labor” for “Secretary” and “(as defined in section 2319 of this title)” for “or subdivision” in introductory provisions. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Subsec. (a)(1)(A). Pub. L. 111–5, §§ 1801(e)(1)(A)(ii), 1893, temporarily struck out “(including workers in an agricultural firm or subdivision of any agricultural firm)” after “group of workers”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Subsec. (a)(2)(A). Pub. L. 111–5, §§ 1801(e)(1)(B), 1893, temporarily substituted “rapid response activities” for “rapid response assistance”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Subsec. (a)(3). Pub. L. 111–5, §§ 1801(e)(1)(C), 1893, temporarily inserted “and on the website of the Department of Labor” after “Federal Register”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
2004—Subsec. (a)(2)(A). Pub. L. 108–429 substituted “assistance and appropriate” for “assistance, and appropriate”.
2002—Subsec. (a). Pub. L. 107–210 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “A petition for a certification of eligibility to apply for adjustment assistance under this subpart may be filed with the Secretary of Labor (hereinafter in this part referred to as the ‘Secretary’) by a group of workers (including workers in any agricultural firm or subdivision of an agricultural firm) or by their certified or recognized union or other duly authorized representative. Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register that he has received the petition and initiated an investigation.”
1993—Subsec. (a). Pub. L. 103–182 substituted “assistance under this subpart” for “assistance under this part”.
1986—Subsec. (a). Pub. L. 99–272 inserted “(including workers in any agricultural firm or subdivision of an agricultural firm)” after “group of workers”.
For revival and applicability, beginning on
For reversion, beginning on
Amendment by Pub. L. 113–128 effective on the first day of the first full program year after
For revival and applicability, beginning on
Section 233 of Pub. L. 112–40, formerly set out as a note preceding this section, which provided for the reversion, beginning on
Pub. L. 111–5, div. B, title I, § 1891, “(a) Except as otherwise provided in this subtitle [subtitle I (§§ 1800–1899L) of title I of div. B of Pub. L. 111–5, enacting part 4 (§ 2371 et seq.) of this subchapter and sections 2295a, 2322, 2323, 2344, 2345, 2356, and 2397a of this title, amending sections 2271 to 2275, 2291 to 2295, 2296 to 2298, 2311, 2315 to 2321, 2341, 2343, 2348 to 2352, 2354, 2355, 2393, 2395, 2401 to 2401b, and 2401e to 2401g of this title, sections 35, 4980B, 7527, and 9801 of Title 26, Internal Revenue Code, section 1581 of Title 28, Judiciary and Judicial Procedure, sections 1162, 1181, 2918, and 2919 of Title 29, Labor, and sections 300bb–2 and 300gg of Title 42, The Public Health and Welfare, repealing former sections 2344 to 2347 of this title, enacting provisions set out as notes preceding section 2271 and under sections 2271, 2295a, 2296, 2323, 2344, 2371, and 2393 of this title and sections 1, 35, 4980B, 7527, and 9801 of Title 26, and amending provisions set out as a note preceding section 2271 of this title], and subsection (b) of this section, this subtitle and the amendments made by this subtitle—“(1) shall take effect upon the expiration of the 90-day period beginning on the date of the enactment of this Act [“(2) shall apply to—“(A) petitions for certification filed under chapter 2, 3, or 6 of title II of the Trade Act of 1974 [this part and parts 3 and 6 of this subchapter] on or after the effective date described in paragraph (1); and“(B) petitions for assistance and proposals for grants filed under chapter 4 of title II of the Trade Act of 1974 [part 4 of this subchapter] on or after such effective date.“(b) Notwithstanding subsection (a)—“(1) a worker shall continue to receive (or be eligible to receive) trade adjustment assistance and other benefits under subchapter B of chapter 2 of title II of the Trade Act of 1974 [subpart B of this part], as in effect on the day before the effective date described in subsection (a)(1), for any week for which the worker meets the eligibility requirements of such chapter 2 as in effect on the day before such effective date, if the worker—“(A) is certified as eligible for trade adjustment assistance benefits under such chapter 2 pursuant to a petition filed under section 221 of the Trade Act of 1974 [19 U.S.C. 2271] on or before such effective date; and“(B) would otherwise be eligible to receive trade adjustment assistance benefits under such chapter as in effect on the day before such effective date;“(2) a worker shall continue to receive (or be eligible to receive) benefits under section 246(a)(2) of the Trade Act of 1974 [19 U.S.C. 2318(a)(2)], as in effect on the day before the effective date described in subsection (a)(1), for such period for which the worker meets the eligibility requirements of section 246 of that Act as in effect on the day before such effective date, if the worker—“(A) is certified as eligible for benefits under such section 246 pursuant to a petition filed under section 221 of the Trade Act of 1974 on or before such effective date; and“(B) would otherwise be eligible to receive benefits under such section 246(a)(2) as in effect on the day before such effective date; and“(3) a firm shall continue to receive (or be eligible to receive) adjustment assistance under chapter 3 of title II of the Trade Act of 1974 [part 3 of this subchapter], as in effect on the day before the effective date described in subsection (a)(1), for such period for which the firm meets the eligibility requirements of such chapter 3 as in effect on the day before such effective date, if the firm—“(A) is certified as eligible for benefits under such chapter 3 pursuant to a petition filed under section 251 of the Trade Act of 1974 [19 U.S.C. 2341] on or before such effective date; and“(B) would otherwise be eligible to receive benefits under such chapter 3 as in effect on the day before such effective date.”
Section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note preceding this section, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 not applicable on or after
Amendment by Pub. L. 107–210 applicable to petitions for certification filed under this part or part 3 of this subchapter on or after the date that is 90 days after
Pub. L. 103–182, title V, § 506,
No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this part after
Pub. L. 114–27, title IV, § 405, “(a) “(1) “(A) “(i) If, as of the date of the enactment of this Act [“(ii) If, before the date of the enactment of this Act, the Secretary made a determination not to certify a group of workers as eligible to apply for adjustment assistance under section 222 of the Trade Act of 1974 pursuant to a petition described in clause (iii), the Secretary shall— “(I) reconsider that determination; and “(II) if the group of workers meets the requirements of section 222 of the Trade Act of 1974, as in effect on such date of enactment, certify the group of workers as eligible to apply for adjustment assistance.“(iii) A petition described in this clause is a petition for a certification of eligibility for a group of workers filed under section 221 of the Trade Act of 1974 [19 U.S.C. 2271] on or after “(B) “(i) Except as provided in clause (ii), a worker certified as eligible to apply for adjustment assistance under section 222 of the Trade Act of 1974 [19 U.S.C. 2272] pursuant to a petition described in subparagraph (A)(iii) shall be eligible, on and after the date that is 90 days after the date of the enactment of this Act [“(ii) Benefits received by a worker described in clause (i) under chapter 2 of title II of the Trade Act of 1974 before the date of the enactment of this Act shall be included in any determination of the maximum benefits for which the worker is eligible under the provisions of chapter 2 of title II of the Trade Act of 1974, as in effect on the date of the enactment of this Act.“(2) A worker certified as eligible to apply for adjustment assistance pursuant to a petition filed under section 221 of the Trade Act of 1974 [19 U.S.C. 2271] on or before “(3) Section 223(b) of the Trade Act of 1974 [19 U.S.C. 2273(b)], as in effect on the date of the enactment of this Act, shall be applied and administered by substituting ‘before “(b) “(1) “(A) If, as of the date of the enactment of this Act [“(B) If, before the date of the enactment of this Act, the Secretary made a determination not to certify a firm as eligible to apply for adjustment assistance under section 251 of the Trade Act of 1974 pursuant to a petition described in subparagraph (C), the Secretary shall—“(i) reconsider that determination; and“(ii) if the firm meets the requirements of section 251 of the Trade Act of 1974, as in effect on such date of enactment, certify the firm as eligible to apply for adjustment assistance.“(C) A petition described in this subparagraph is a petition for a certification of eligibility filed by a firm or its representative under section 251 of the Trade Act of 1974 [19 U.S.C. 2341] on or after “(2) “(A) The Secretary of Commerce shall certify a firm described in subparagraph (B) as eligible to apply for adjustment assistance under section 251 of the Trade Act of 1974 [19 U.S.C. 2341], as in effect on the date of the enactment of this Act [“(B) A firm described in this subparagraph is a firm that the Secretary determines would have been certified as eligible to apply for adjustment assistance if—“(i) the firm or its representative had filed a petition for a certification of eligibility under section 251 of the Trade Act of 1974 on a date during the period beginning on “(ii) the provisions of chapter 3 of title II of the Trade Act of 1974 [part 3 of this subchapter], as in effect on such date of enactment, had been in effect on that date during the period described in clause (i).”
Pub. L. 112–40, title II, § 231, “(a) “(1) “(A) “(i) If, as of the date of the enactment of this Act [“(ii) If, before the date of the enactment of this Act, the Secretary made a determination not to certify a group of workers as eligible to apply for adjustment assistance under section 222 of the Trade Act of 1974 pursuant to a petition described in clause (iii), the Secretary shall— “(I) reconsider that determination; and “(II) if the group of workers meets the requirements of section 222 of the Trade Act of 1974, as in effect on such date of enactment, certify the group of workers as eligible to apply for adjustment assistance.“(iii) A petition described in this clause is a petition for a certification of eligibility for a group of workers filed under section 221 of the Trade Act of 1974 [19 U.S.C. 2271] on or after “(B) “(i) Except as provided in clause (ii), a worker certified as eligible to apply for adjustment assistance under section 222 of the Trade Act of 1974 [19 U.S.C. 2272] pursuant to a petition described in subparagraph (A)(iii) shall be eligible, on and after the date that is 60 days after the date of the enactment of this Act [“(ii) “(I) A worker certified as eligible to apply for adjustment assistance under section 222 of the Trade Act of 1974 [19 U.S.C. 2272] pursuant to a petition described in subparagraph (A)(iii) who is receiving benefits under chapter 2 of title II of the Trade Act of 1974 as of the date that is 60 days after the date of the enactment of this Act [“(aa) the provisions of chapter 2 of title II of the Trade Act of 1974, as in effect on such date of enactment; or“(bb) the provisions of chapter 2 of title II of the Trade Act of 1974, as in effect on “(II) A worker described in subclause (I) who does not make the election described in that subclause on or before the date that is 150 days after the date of the enactment of this Act shall be eligible to receive benefits only under the provisions of chapter 2 of title II of the Trade Act of 1974, as in effect on “(III) Benefits received by a worker described in subclause (I) under chapter 2 of title II of the Trade Act of 1974, as in effect on “(2) A worker certified as eligible to apply for adjustment assistance pursuant to a petition filed under section 221 of the Trade Act of 1974 [19 U.S.C. 2271]—“(A) on or after “(B) before “(3) Section 223(b) of the Trade Act of 1974 [19 U.S.C. 2273(b)], as in effect on the date of the enactment of this Act [“(b) “(1) “(A) If, as of the date of the enactment of this Act [“(B) If, before the date of the enactment of this Act, the Secretary made a determination not to certify a firm as eligible to apply for adjustment assistance under section 251 of the Trade Act of 1974 pursuant to a petition described in subparagraph (C), the Secretary shall—“(i) reconsider that determination; and“(ii) if the firm meets the requirements of section 251 of the Trade Act of 1974, as in effect on such date of enactment, certify the firm as eligible to apply for adjustment assistance.“(C) A petition described in this subparagraph is a petition for a certification of eligibility filed by a firm or its representative under section 251 of the Trade Act of 1974 [19 U.S.C. 2341] on or after “(2) “(A) The Secretary of Commerce shall certify a firm described in subparagraph (B) as eligible to apply for adjustment assistance under section 251 of the Trade Act of 1974 [19 U.S.C. 2341], as in effect on the date of the enactment of this Act [“(B) A firm described in this subparagraph is a firm that the Secretary determines would have been certified as eligible to apply for adjustment assistance if—“(i) the firm or its representative had filed a petition for a certification of eligibility under section 251 of the Trade Act of 1974 on a date during the period beginning on “(ii) the provisions of chapter 3 of title II of the Trade Act of 1974 [part 3 of this subchapter], as in effect on such date of enactment, had been in effect on that date during the period described in clause (i).”
Pub. L. 111–5, div. B, title I, § 1886, “For purposes of chapters 2 and 6 [this part and part 6 of this subchapter] of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.), in the case of an agricultural commodity producer that—“(1) is a fisherman or aquaculture producer, and“(2) is otherwise eligible for adjustment assistance under chapter 2 or 6, as the case may be,the increase in imports of articles like or directly competitive with the agricultural commodity produced by such producer may be based on imports of wild-caught seafood, farm-raised seafood, or both.”
Pub. L. 107–210, div. A, title I, § 125, “(a) Congress reiterates that, under the trade adjustment assistance program under chapter 2 of title II of the Trade Act of 1974 [this part], workers are eligible for transportation, childcare, and healthcare assistance, as well as other related assistance under programs administered by the Department of Labor.“(b) It is the sense of Congress that the Secretary of Labor, working independently and in conjunction with the States, should, in accordance with section 225 of the Trade Act of 1974 [19 U.S.C. 2275], provide more specific information about benefit allowances, training, and other employment services, and the petition and application procedures (including appropriate filing dates) for such allowances, training, and services, under the trade adjustment assistance program under chapter 2 of title II of the Trade Act of 1974 to workers who are applying for, or are certified to receive, assistance under that program, including information on all other Federal assistance available to such workers.”