US Code

Part 2 – Adjustment Assistance For Workers

Part 2 – Adjustment Assistance For Workers

Adjustment Assistance For Workers

Pathway

Title 19 > Chapter 12 > Subchapter II > Part 2

Details

  • Reference: Part 2
  • Legend: Adjustment Assistance For Workers
  • USCode Year: 2013

Provision Content

Effective and Termination Dates of 2011 Revival

Pub. L. 112–40, title II, §201(b), (c), Oct. 21, 2011, 125 Stat. 403, provided that:

(b) Applicability of Certain Provisions.—Except as otherwise provided in this subtitle [subtitle A (§§201–233) of title II of Pub. L. 112–40, see Tables for classification], the provisions of chapters 2 through 6 of title II of the Trade Act of 1974 [this part, parts 3 to 6 of this subchapter, and provisions set out as a note below], as in effect on February 12, 2011, and as amended by this subtitle, shall—

(1) take effect on the date of the enactment of this Act [Oct. 21, 2011]; and

(2) apply to 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 such date of enactment.

(c) References.—Except as otherwise provided in this subtitle, whenever in this subtitle an amendment or repeal is expressed in terms of an amendment to, or repeal of, a provision of chapters 2 through 6 of title II of the Trade Act of 1974, the reference shall be considered to be made to a provision of any such chapter, as in effect on February 12, 2011.

Pub. L. 112–40, title II, §233, Oct. 21, 2011, 125 Stat. 416, provided that:

(a) Application of Prior Law.—Subject to subsection (b), beginning on January 1, 2014, the provisions of chapters 2, 3, 5, and 6 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) [this part, parts 3, 5, and 6 of this subchapter, and provisions set out as a note below], as in effect on February 13, 2011, shall apply, except that in applying and administering such chapters—

(1) paragraph (1) of section 231(c) of that Act [19 U.S.C. 2291(c)(1)] shall be applied and administered as if subparagraphs (A), (B), and (C) of that paragraph were not in effect;

(2) section 233 of that Act [19 U.S.C. 2293] shall be applied and administered—

(A) in subsection (a)—

(i) in paragraph (2), by substituting ‘104-week period’ for ‘104-week period’ and all that follows through ‘130-week period)’; and

(ii) in paragraph (3)—

(I) in the matter preceding subparagraph (A), by substituting ’65’ for ’52’; and

(II) by substituting ’78-week period’ for ’52-week period’ each place it appears; and

(B) by applying and administering subsection (g) as if it read as follows:

 '(g) Payment of Trade Readjustment Allowances to Complete Training.—Notwithstanding any other provision of this section, in order to assist an adversely affected worker to complete training approved for the worker under section 236 [19 U.S.C. 2296] that leads to the completion of a degree or industry-recognized credential, payments may be made as trade readjustment allowances for not more than 13 weeks within such period of eligibility as the Secretary may prescribe to account for a break in training or for justifiable cause that follows the last week for which the worker is otherwise entitled to a trade readjustment allowance under this chapter [this part] if—

 '(1) payment of the trade readjustment allowance for not more than 13 weeks is necessary for the worker to complete the training;

 '(2) the worker participates in training in each such week; and

 '(3) the worker—

 '(A) has substantially met the performance benchmarks established as part of the training approved for the worker;

 '(B) is expected to continue to make progress toward the completion of the training; and

 '(C) will complete the training during that period of eligibility.’;

(3) section 245 of that Act [19 U.S.C. 2317] shall be applied and administered by substituting ‘2014’ for ‘2007’;

(4) section 246(b)(1) of that Act [19 U.S.C. 2318(b)(1)] shall be applied and administered by substituting ‘December 31, 2014’ for ‘the date that is 5 years’ and all that follows through ‘State’;

(5) section 256(b) of that Act [19 U.S.C. 2346(b)] shall be applied and administered by substituting ‘the 1-year period beginning on January 1, 2014’ for ‘each of fiscal years 2003 through 2007, and $4,000,000 for the 3-month period beginning on October 1, 2007’;

(6) section 298(a) of that Act [19 U.S.C. 2401g(a)] shall be applied and administered by substituting ‘the 1-year period beginning on January 1, 2014’ for ‘each of the fiscal years’ and all that follows through ‘October 1, 2007’; and

(7) section 285 of that Act [Pub. L. 93–618, set out as a Termination Date note below] shall be applied and administered—

(A) in subsection (a), by substituting ‘2014’ for ‘2007’ each place it appears; and

(B) by applying and administering subsection (b) as if it read as follows:

 '(b) Other Assistance.—

 '(1) Assistance for firms.—

 '(A) In general.—Except as provided in subparagraph (B), assistance may not be provided under chapter 3 [part 3 of this subchapter] after December 31, 2014.

 '(B) Exception.—Notwithstanding subparagraph (A), any assistance approved under chapter 3 on or before December 31, 2014, may be provided—

 '(i) to the extent funds are available pursuant to such chapter for such purpose; and

 '(ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance.

 '(2) Farmers.—

 '(A) In general.—Except as provided in subparagraph (B), assistance may not be provided under chapter 6 [part 6 of this subchapter] after December 31, 2014.

 '(B) Exception.—Notwithstanding subparagraph (A), any assistance approved under chapter 6 on or before December 31, 2014, may be provided—

 '(i) to the extent funds are available pursuant to such chapter for such purpose; and

 '(ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance.’.

(b) Exceptions.—The provisions of chapters 2, 3, 5, and 6 of title II of the Trade Act of 1974 [this part, parts 3, 5, and 6 of this subchapter, and provisions set out as a note below], as in effect on the date of the enactment of this Act [Oct. 21, 2011], shall continue to apply on and after January 1, 2014, with respect to—

(1) workers certified as eligible for trade adjustment assistance benefits under chapter 2 of title II of that Act pursuant to petitions filed under section 221 of that Act [19 U.S.C. 2271] before January 1, 2014;

(2) firms certified as eligible for technical assistance or grants under chapter 3 of title II of that Act pursuant to petitions filed under section 251 of that Act [19 U.S.C. 2341] before January 1, 2014; and

(3) agricultural commodity producers certified as eligible for technical or financial assistance under chapter 6 of title II of that Act pursuant to petitions filed under section 292 of that Act [19 U.S.C. 2401a] before January 1, 2014.

Effective Date of 2010 Amendment

Pub. L. 111–344, title I, §101(d), Dec. 29, 2010, 124 Stat. 3614, provided that: The amendments made by this section [amending sections 2296, 2317, 2318, 2345, 2371d to 2371f, 2372, 2373, 2373a, and 2401g of this title and provisions set out as notes below] shall take effect on January 1, 2011.

Termination Date of 2009 Amendment

Pub. L. 111–5, div. B, title I, §1893, Feb. 17, 2009, 123 Stat. 422, as amended by Pub. L. 111–344, title I, §101(a), (b), Dec. 29, 2010, 124 Stat. 3612, which provided for sunset of amendments by subtitle I (§§1800–1899L) of title I of div. B of Pub. L. 111–5 to this part, parts 3 to 6 of this subchapter, and section 285 of Pub. L. 93–618, set out below, applicable on or after Feb. 13, 2011, with certain exceptions, was repealed by Pub. L. 112–40, title II, §201(a), Oct. 21, 2011, 125 Stat. 403.

Effective Date of 2002 Amendment

Pub. L. 107–210, div. A, title I, §151, Aug. 6, 2002, 116 Stat. 953, as amended by Pub. L. 108–429, title II, §2004(a)(21), Dec. 3, 2004, 118 Stat. 2591, provided that:

(a) In General.—Except as otherwise provided in sections 123(c) [set out as a note under section 2331 of this title], 141(b) [set out as a note under section 2401 of this title], 201(d) [set out as a note under section 35 of Title 26, Internal Revenue Code], and 202(e) [set out as a note under section 6050T of Title 26], and subsections (b), (c), and (d) of this section, the amendments made by this division [enacting sections 1431a, 1583, 2318, and 2401 to 2401g of this title, sections 35, 6050T, and 7527 of Title 26, and section 300gg–45 of Title 42, The Public Health and Welfare, amending sections 58c, 482, 1318, 1330, 1411, 1505, 1509, 2075, 2171, 2271 to 2273, 2275, 2291, 2293, 2295 to 2298, 2317, 2346, and 2395 of this title, sections 4980B, 6103, 6724, and 7213A of Title 26, sections 1165, 2862, 2918, and 2919 of Title 29, Labor, section 1324 of Title 31, Money and Finance, and section 300bb–5 of Title 42, renumbering section 35 of Title 26 as section 36 of Title 26, repealing sections 2318, 2322, and 2331 of this title, enacting provisions set out as notes under sections 58c, 482, 1583, 1625, 1654, 2071, 2075, 2082, 2101, 2251, 2271, 2331, and 2401 of this title, sections 35 and 6050T of Title 26, and section 2918 of Title 29, and amending provisions set out as a note below] shall apply to petitions for certification filed under chapter 2 or 3 of title II of the Trade Act of 1974 [this part and part 3 of this subchapter] on or after the date that is 90 days after the date of enactment of this Act [Aug. 6, 2002].

(b) Workers Certified as Eligible Before Effective Date.—Notwithstanding subsection (a), a worker shall continue to receive (or be eligible to receive) trade adjustment assistance and other benefits under chapter 2 of title II of the Trade Act of 1974 [this part], as in effect on September 30, 2001, for any week for which the worker meets the eligibility requirements of such chapter 2 as in effect on such date, if on or before such date, the worker—

(1) was certified as eligible for trade adjustment assistance benefits under such chapter as in effect on such date; and

(2) would otherwise be eligible to receive trade adjustment assistance benefits under such chapter as in effect on such date.

(c) Workers Who Became Eligible During Qualified Period.—

(1) In general.—Notwithstanding subsection (a) or any other provision of law, including section 285 of the Trade Act of 1974 [Pub. L. 93–618, set out as a Termination Date note below], any worker who would have been eligible to receive trade adjustment assistance or other benefits under chapter 2 of title II of the Trade Act of 1974 [this part] during the qualified period if such chapter 2 had been in effect during such period, shall be eligible to receive trade adjustment assistance and other benefits under chapter 2 of title II of the Trade Act of 1974, as in effect on September 30, 2001, for any week during the qualified period for which the worker meets the eligibility requirements of such chapter 2 as in effect on September 30, 2001.

(2) Qualified period.—For purposes of this subsection, the term ‘qualified period’ means the period beginning on January 11, 2002, and ending on the date that is 90 days after the date of enactment of this Act [Aug. 6, 2002].

(d) Adjustment Assistance for Firms.—

(1) In general.—Notwithstanding subsection (a) or any other provision of law, including section 285 of the Trade Act of 1974 [set out as a Termination Date note below], and except as provided in paragraph (2), any firm that would have been eligible to receive adjustment assistance under chapter 3 of title II of the Trade Act if 1974 [part 3 of this subchapter] during the qualified period if such chapter 3 had been in effect during such period, shall be eligible to receive adjustment assistance under chapter 3 of title II of the Trade Act of 1974, as in effect on September 30, 2001, for any week during the qualified period for which the firm meets the eligibility requirements of such chapter 3 as in effect on September 30, 2001.

(2) Qualified period.—For purposes of this subsection, the term ‘qualified period’ means the period beginning on October 1, 2001, and ending on the date that is 90 days after the date of enactment of this Act [Aug. 6, 2002].

Termination Date

Pub. L. 93–618, title II, ch. 5, §285, formerly §284, Jan. 3, 1975, 88 Stat. 2041; renumbered §285, Pub. L. 96–417, title VI, §613(a), Oct. 10, 1980, 94 Stat. 1746; and amended Pub. L. 97–35, title XXV, §2512, Aug. 13, 1981, 95 Stat. 888; Pub. L. 98–120, §2(b), Oct. 12, 1983, 97 Stat. 809; Pub. L. 99–107, §3, Sept. 30, 1985, 99 Stat. 479; Pub. L. 99–155, §2(b), Nov. 14, 1985, 99 Stat. 814; Pub. L. 99–181, §2, Dec. 13, 1985, 99 Stat. 1172; Pub. L. 99–189, §2, Dec. 18, 1985, 99 Stat. 1184; Pub. L. 99–272, title XIII, §13007(a), Apr. 7, 1986, 100 Stat. 304; Pub. L. 100–418, title I, §1426(a), Aug. 23, 1988, 102 Stat. 1251; Pub. L. 103–66, title XIII, §13803(a)(1), Aug. 10, 1993, 107 Stat. 668; Pub. L. 103–182, title V, §505, Dec. 8, 1993, 107 Stat. 2152; Pub. L. 105–277, div. J, title I, §1012(d), Oct. 21, 1998, 112 Stat. 2681–901; Pub. L. 106–113, div. B, §1000(a)(5) [title VII, §702(d)], Nov. 29, 1999, 113 Stat. 1536, 1501A–319; Pub. L. 107–210, div. A, title I, §111(c), Aug. 6, 2002, 116 Stat. 936; Pub. L. 110–89, §1(d), Sept. 28, 2007, 121 Stat. 982; Pub. L. 111–5, div. B, title I, §1892(b), Feb. 17, 2009, 123 Stat. 421; Pub. L. 111–344, title I, §101(c)(11), Dec. 29, 2010, 124 Stat. 3614; Pub. L. 112–40, title II, §§201(b), (c), 232, Oct. 21, 2011, 125 Stat. 403, 416, provided that:

(a) Assistance for Workers.—

(1) In general.—Except as provided in paragraph (2), trade adjustment assistance, vouchers, allowances, and other payments or benefits may not be provided under chapter 2 [this part] after December 31, 2013.

(2) Exception.—Notwithstanding paragraph (1), a worker shall continue to receive trade adjustment assistance benefits and other benefits under chapter 2 for any week for which the worker meets the eligibility requirements of that chapter if the worker is—

(A) certified as eligible for trade adjustment assistance benefits under chapter 2 of this title [this part] pursuant to a petition filed under section 221 [19 U.S.C. 2271] before December 31, 2013; and

(B) otherwise eligible to receive trade adjustment assistance benefits under chapter 2.

(b) Other Assistance.—

(1) Assistance for firms.—

(A) In general.—Except as provided in subparagraph (B), technical assistance and grants may not be provided under chapter 3 [part 3 of this subchapter] after December 31, 2013.

(B) Exception.—Notwithstanding subparagraph (A), any technical assistance or grant approved under chapter 3 pursuant to a petition filed under section 251 [19 U.S.C. 2341] on or before December 31, 2013, may be provided—

(i) to the extent funds are available pursuant to such chapter for such purpose; and

(ii) to the extent the recipient of the technical assistance or grant is otherwise eligible to receive such technical assistance or grant, as the case may be.

(2) Farmers.—

(A) In general.—Except as provided in subparagraph (B), technical assistance and financial assistance may not be provided under chapter 6 [part 6 of this subchapter] after December 31, 2013.

(B) Exception.—Notwithstanding subparagraph (A), any technical or financial assistance approved under chapter 6 pursuant to a petition filed under section 292 [19 U.S.C. 2401a] on or before December 31, 2013, may be provided—

(i) to the extent funds are available pursuant to such chapter for such purpose; and

(ii) to the extent the recipient of the technical or financial assistance is otherwise eligible to receive such technical or financial assistance, as the case may be.

[Pub. L. 112–40, title II, §233(a), Oct. 21, 2011, 125 Stat. 416, provided that, beginning Jan. 1, 2014, subject to section 233(b), set out as an Effective and Termination Dates of 2011 Revival note above, section 285 of Pub. L. 93–618, set out above, as in effect on Feb. 13, 2011, shall be applied and administered—

[(1) in subsec. (a), by substituting 2014 for 2007 wherever appearing; and

[(2) as if subsec. (b) read as follows:

[(b) Other Assistance.—

[(1) Assistance for firms.—

[(A) In general.—Except as provided in subparagraph (B), assistance may not be provided under chapter 3 [part 3 of this subchapter] after December 31, 2014.

[(B) Exception.—Notwithstanding subparagraph (A), any assistance approved under chapter 3 on or before December 31, 2014, may be provided—

[(i) to the extent funds are available pursuant to such chapter for such purpose; and

[(ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance.

[(2) Farmers.—

[(A) In general.—Except as provided in subparagraph (B), assistance may not be provided under chapter 6 [part 6 of this subchapter] after December 31, 2014.

[(B) Exception.—Notwithstanding subparagraph (A), any assistance approved under chapter 6 on or before December 31, 2014, may be provided—

[(i) to the extent funds are available pursuant to such chapter for such purpose; and

[(ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance.]

[Amendment to section 285 of Pub. L. 93–618, set out above, by section 1892(b) of Pub. L. 111–5, which substituted December 31, 2010 for December 31, 2007 wherever appearing in subsec. (a) and amended subsec. (b) generally, was not applicable on or after Feb. 13, 2011, except as otherwise provided, and section 285 of Pub. L. 93–618 was applied and administered beginning Feb. 13, 2011, as provided in former section 1893(b) of Pub. L. 111–5. Section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note above, was repealed by Pub. L. 112–40, §201(a), Oct. 21, 2011, 125 Stat. 403.]

[Pub. L. 111–5, div. B, title I, §1893(b), Feb. 17, 2009, 123 Stat. 422, as amended by Pub. L. 111–344, title I, §101(b), Dec. 29, 2010, 124 Stat. 3612, provided, prior to repeal by Pub. L. 112–40, §201(a), Oct. 21, 2011, 125 Stat. 403, that, beginning Feb. 13, 2011, subject to section 1893(a)(2), formerly set out as a Termination Date of 2009 Amendment note above, section 285 of Pub. L. 93–618, set out above, was to be applied and administered—

[(1) in subsec. (a), by substituting February 12, 2011 for December 31, 2007 wherever appearing; and

[(2) as if subsec. (b) read as follows:

[(b) Other Assistance.—

[(1) Assistance for firms.—

[(A) In general.—Except as provided in subparagraph (B), assistance may not be provided under chapter 3 [part 3 of this subchapter] after February 12, 2012.

[(B) Exception.—Notwithstanding subparagraph (A), any assistance approved under chapter 3 on or before February 12, 2012, may be provided—

[(i) to the extent funds are available pursuant to such chapter for such purpose; and

[(ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance.

[(2) Farmers.—

[(A) In general.—Except as provided in subparagraph (B), assistance may not be provided under chapter 6 [part 6 of this subchapter] after February 12, 2012.

[(B) Exception.—Notwithstanding subparagraph (A), any assistance approved under chapter 6 on or before February 12, 2012, may be provided—

[(i) to the extent funds are available pursuant to such chapter for such purpose; and

[(ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance.]

[Amendment by section 1892(b) of Pub. L. 111–5 to section 285 of Pub. L. 93–618, set out above, shall take effect upon the expiration of the 90-day period beginning on Feb. 17, 2009, except as otherwise provided, see section 1891 of Pub. L. 111–5, set out as an Effective and Termination Dates of 2009 Amendment note under section 2271 of this title.]

[Amendment by Pub. L. 110–89 to section 285 of Pub. L. 93–618, set out above, effective Oct. 1, 2007, see section 1(e) of Pub. L. 110–89, set out as an Effective Date of 2007 Amendment note under section 2317 of this title.]

[Amendment by Pub. L. 106–113 to section 285 of Pub. L. 93–618, set out above, effective as of July 1, 1999, see section 1000(a)(5) [title VII, §702(e)] of Pub. L. 106–113, set out as an Effective Date of 1999 Amendment note under section 2317 of this title.]

[Amendment by Pub. L. 103–182 to section 285 of Pub. L. 93–618, set out above, effective on the date the North American Free Trade Agreement enters into force with respect to the United States (Jan. 1, 1994), see section 506(a) of Pub. L. 103–182, set out as an Effective Date of 1993 Amendment note under section 2271 of this title.]

[Parts 2 and 3 of this subchapter applicable as if amendments by sections 13007 and 13008 of Pub. L. 99–272, amending section 285 of Pub. L. 93–618, set out above, and sections 2317 and 2346 of this title, had taken effect Dec. 18, 1985, see section 13009(c) of Pub. L. 99–272, set out as an Effective Date of 1986 Amendment note under section 2291 of this title.]

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19-U.S.C.-2171 in the Legal Encyclopedia: Customs Duties

In this entry about 19-U.S.C.-2171, find legal reference material, bibliographies and premiere content related to customs duties in the American Encyclopedia of Law, presenting a comprehensive view of the United States customs duties-specific issues, written by authorities in the field.

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