Termination of AssistanceFor termination of assistance under this part after June 30, 2022, see Termination Date note below.
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. 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 Feb. 12, 2011. See Codification note above and 2009 Amendment and Effective and Termination Dates of 2011 Revival notes below. 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”.
note under
section 3101 of Title 29, Labor. Effective and Termination Dates of 2011 RevivalFor 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 this section.
section 233 of Pub. L. 112–40, formerly set out as a note preceding this section, 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 Pub. L. 111–5, div. B, title I, § 1891, Feb. 17, 2009, 123 Stat. 420, provided that: “(a) In General.—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
section 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,
section 35, 4980B, 7527, and 9801 of Title 26, Internal Revenue Code,
section 1581 of Title 28, Judiciary and Judicial Procedure,
section 1162, 1181, 2918, and 2919 of Title 29, Labor, and
section 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
section 2271, 2295a, 2296, 2323, 2344, 2371, and 2393 of this title and
section 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
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 [Feb. 17, 2009]; and “(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
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
. “(b) Certifications Made Before
.—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
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
and “(B) would otherwise be eligible to receive trade adjustment assistance benefits under such chapter as in effect on the day before such
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
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
and “(B) would otherwise be eligible to receive benefits under such chapter 3 as in effect on the day before such
of 1993 Amendment Pub. L. 103–182, title V, § 506, Dec. 8, 1993, 107 Stat. 2152, which provided that the
made by sections
501 to
505 of Pub. L. 103–182 would take effect on the date the North American Free Trade Agreement entered into force with respect to the United States (Jan. 1, 1994), with provisions related to assistance to certain workers separated from firms, was repealed by Pub. L. 116–113, title VI, § 601, Jan. 29, 2020, 134 Stat. 78, effective on the date the USMCA entered into force (
July 1, 2020). Termination DateNo 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 this section. Applicability of Trade Adjustment Assistance Provisions Pub. L. 114–27, title IV, § 405,
June 29, 2015, 129 Stat. 377, provided that: “(a) Trade Adjustment Assistance for Workers.—“(1) Petitions filed on or after january 1, 2014, and before date of enactment.—“(A) Certifications of workers not certified before date of enactment.—“(i) Criteria if a determination has not been made.—If, as of the date of the enactment of this Act [
June 29, 2015], the Secretary of Labor has not made a determination with respect to whether to certify a group of workers 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 clause (iii), the Secretary shall make that determination based on the requirements of
section 222 of the Trade Act of 1974, as in effect on such date of enactment. “(ii) Reconsideration of denials of certifications.—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) Petition described.—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
January 1, 2014, and before the date of the enactment of this Act. “(B) Eligibility for benefits.—“(i) In general.—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 [
June 29, 2015], to receive benefits only under the provisions of chapter 2 of title II of the Trade Act of 1974 [this part], as in effect on such date of enactment. “(ii) Computation of maximum benefits.—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) Petitions filed before january 1, 2014.—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
December 31, 2013, shall continue to be eligible to apply for and receive benefits under the provisions of chapter 2 of title II of such Act, as in effect on
December 31, 2013. “(3) Qualifying separations with respect to petitions filed within 90 days of date of enactment.—
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
January 1, 2014’ for ‘more than one year before the date of the petition on which such certification was granted’ for purposes of determining whether a worker is eligible to apply for adjustment assistance pursuant to a petition filed under
section 221 of the Trade Act of 1974 on or after the date of the enactment of this Act and on or before the date that is 90 days after such date of enactment. “(b) Trade Adjustment Assistance for Firms.—“(1) Certification of firms not certified before date of enactment.—“(A) Criteria if a determination has not been made.—If, as of the date of the enactment of this Act [
June 29, 2015], the Secretary of Commerce has not made a determination with respect to whether to certify a firm as eligible to apply for adjustment assistance under
section 251 of the Trade Act of 1974 [19 U.S.C. 2341] pursuant to a petition described in subparagraph (C), the Secretary shall make that determination based on the requirements of
section 251 of the Trade Act of 1974, as in effect on such date of enactment. “(B) Reconsideration of denial of certain petitions.—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) Petition described.—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
January 1, 2014, and before the date of the enactment of this Act [
June 29, 2015]. “(2) Certification of firms that did not submit petitions between january 1, 2014, and date of enactment.—“(A) In general.—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 [
June 29, 2015], if the firm or its representative files a petition for a certification of eligibility under
section 251 of the Trade Act of 1974 not later than 90 days after such date of enactment. “(B) Firm described.—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
January 1, 2014, and ending on the day before the date of the enactment of this Act; and “(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, Oct. 21, 2011, 125 Stat. 413, provided that: “(a) Trade Adjustment Assistance for Workers.—“(1) Petitions filed on or after february 13, 2011, and before date of enactment.—“(A) Certifications of workers not certified before date of enactment.—“(i) Criteria if a determination has not been made.—If, as of the date of the enactment of this Act [Oct. 21, 2011], the Secretary of Labor has not made a determination with respect to whether to certify a group of workers 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 clause (iii), the Secretary shall make that determination based on the requirements of
section 222 of the Trade Act of 1974, as in effect on such date of enactment. “(ii) Reconsideration of denials of certifications.—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) Petition described.—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
February 13, 2011, and before the date of the enactment of this Act. “(B) Eligibility for benefits.—“(i) In general.—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 [Oct. 21, 2011], to receive benefits only under the provisions of chapter 2 of title II of the Trade Act of 1974 [this part], as in effect on such date of enactment. “(ii) Election for workers receiving benefits on the 60th day after enactment.— “(I) In general.—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 [Oct. 21, 2011] may, not later than the date that is 150 days after such date of enactment, make a one-time election to receive benefits pursuant to—“(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
February 13, 2011. “(II) Effect of failure to make election.—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
February 13, 2011. “(III) Computation of maximum benefits.—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
February 13, 2011, before the worker makes the election described in that subclause 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 [Oct. 21, 2011], or as in effect on
February 13, 2011, whichever is applicable after the election of the worker under subclause (I). “(2) Petitions filed before february 13, 2011.—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
May 18, 2009, and on or before
February 12, 2011, shall continue to be eligible to apply for and receive benefits under the provisions of chapter 2 of title II of such Act [this part], as in effect on
February 12, 2011; or “(B) before
May 18, 2009, shall continue to be eligible to apply for and receive benefits under the provisions of chapter 2 of title II of such Act, as in effect on
May 17, 2009. “(3) Qualifying separations with respect to petitions filed within 90 days of date of enactment.—
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 [Oct. 21, 2011], shall be applied and administered by substituting ‘before
February 13, 2010’ for ‘more than one year before the date of the petition on which such certification was granted’ for purposes of determining whether a worker is 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 after the date of the enactment of this Act and on or before the date that is 90 days after such date of enactment. “(b) Trade Adjustment Assistance for Firms.—“(1) Certification of firms not certified before date of enactment.—“(A) Criteria if a determination has not been made.—If, as of the date of the enactment of this Act [Oct. 21, 2011], the Secretary of Commerce has not made a determination with respect to whether to certify a firm as eligible to apply for adjustment assistance under
section 251 of the Trade Act of 1974 [19 U.S.C. 2341] pursuant to a petition described in subparagraph (C), the Secretary shall make that determination based on the requirements of
section 251 of the Trade Act of 1974, as in effect on such date of enactment. “(B) Reconsideration of denial of certain petitions.—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) Petition described.—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
February 13, 2011, and before the date of the enactment of this Act [Oct. 21, 2011]. “(2) Certification of firms that did not submit petitions between february 13, 2011, and date of enactment.—“(A) In general.—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 [Oct. 21, 2011], if the firm or its representative files a petition for a certification of eligibility under
section 251 of the Trade Act of 1974 not later than 90 days after such date of enactment. “(B) Firm described.—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
February 13, 2011, and ending on the day before the date of the enactment of this Act; and “(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).” Determination of Increases of Imports for Certain Fishermen Pub. L. 111–5, div. B, title I, § 1886, Feb. 17, 2009, 123 Stat. 419, provided that: “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.” Declaration of Policy; Sense of Congress Pub. L. 107–210, div. A, title I, § 125, Aug. 6, 2002, 116 Stat. 946, provided that: “(a) Declaration of Policy.—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) Sense of Congress.—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.”