19 U.S.C. § 2271 — Petitions

Page 578 TITLE 19—CUSTOMS DUTIES § 2271 1 See References in Text note below. [‘‘(2) FARMERS.— [‘‘(A) IN GENERAL.—Except as provided in subpara- graph (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 assist- ance is otherwise eligible to receive such assist- ance.’’] [Amendment by section 1892(b) of Pub. L. 111–5 to sec- tion 285 of Pub. L. 93–618, set out above, shall take ef- fect upon the expiration of the 90-day period beginning on Feb. 17, 2009, except as otherwise provided, see sec- tion 1891 of Pub. L. 111–5, set out as an Effective and Termination Dates of 2009 Amendment note under sec- tion 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 sec- tion 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, formerly set out as an Effec- tive 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.] SUBPART A—PETITIONS AND DETERMINATIONS § 2271. Petitions (a) Filing of petitions; assistance; publication of notice (1) A petition for certification of eligibility to apply for adjustment assistance for a group of workers under this part may be filed simulta- neously with the Secretary and with the Gov- ernor of the State in which such workers’ firm or subdivision is located by any of the following: (A) The group of workers (including workers in an agricultural firm or subdivision of any agricultural firm). (B) The certified or recognized union or other duly authorized representative of such workers. (C) Employers of such workers, one-stop op- erators or one-stop partners (as defined in sec- tion 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)),1 including State employ- ment security agencies, or the State dis- located worker unit established under title I of such Act,1 on behalf of such workers. (2) Upon receipt of a petition filed under para- graph (1), the Governor shall— (A) ensure that rapid response assistance and appropriate core and intensive services (as described in section 134 of the Workforce In- vestment Act of 1998 (29 U.S.C. 2864)) 1 author- ized under other Federal laws are made avail- able to the workers covered by the petition to the extent authorized under such laws; and (B) assist the Secretary in the review of the petition by verifying such information and providing such other assistance as the Sec- retary may request. (3) Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register that the Secretary has received the pe- tition and initiated an investigation. (b) Hearing If the petitioner, or any other person found by the Secretary to have a substantial interest in the proceedings, submits not later than 10 days after the date of the Secretary’s publication under subsection (a) a request for a hearing, the Secretary shall provide for a public hearing and afford such interested persons an opportunity to be present, to produce evidence, and to be heard. (Pub. L. 93–618, title II, § 221, Jan. 3, 1975, 88 Stat. 2019; Pub. L. 99–272, title XIII, § 13002(a), Apr. 7, 1986, 100 Stat. 300; Pub. L. 103–182, title V, § 503(a), Dec. 8, 1993, 107 Stat. 2151; Pub. L. 107–210, div. A, title I, § 112(a), Aug. 6, 2002, 116 Stat. 937; Pub. L. 108–429, title II, § 2004(a)(4), Dec. 3, 2004, 118 Stat. 2590; Pub. L. 111–5, div. B, title I, § 1801(e)(1), Feb. 17, 2009, 123 Stat. 370; Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; Pub. L. 113–128, title V, § 512(hh)(1), July 22, 2014, 128 Stat. 1720; Pub. L. 114–27, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.) TERMINATION OF ASSISTANCE For termination of assistance under this part after June 30, 2022, see Termination Date note below. Editorial Notes REFERENCES IN TEXT The Workforce Investment Act of 1998, referred to in subsec. (a)(1)(C), (2)(A), is Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936, and was repealed by Pub. L. 113–128, title V, §§ 506, 511(a), July 22, 2014, 128 Stat. 1703, 1705, effec- tive July 1, 2015. Title I of the Act was classified prin- cipally to chapter 30 (§ 2801 et seq.) of Title 29, Labor. Pursuant to section 3361(a) of Title 29, references to a provision of the Workforce Investment Act of 1998 are deemed to refer to the corresponding provision of the Workforce Innovation and Opportunity Act, Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. For complete classi- fication of the Workforce Investment Act of 1998 to the Code, see Tables. For complete classification of the Workforce Innovation and Opportunity Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables. CODIFICATION Section reflects the July 1, 2021, reversion to provi- sions in effect on Jan. 1, 2014. See Effective and Termi- nation Dates of 2015 Revival note below. Section 233 of Pub. L. 112–40, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 114–27, title IV, § 402(a), June 29, 2015, 129 Stat. 374, and the provisions of this section, as in effect on Dec. 31, 2013, were temporarily revived, effective June 29, 2015, until July 1, 2021, by Pub. L. 114–27, §§ 402(b), (c), 406. See 2011 and 2015 Amendment notes, Effective and Termination Dates of 2011 Revival notes, and Effective and Termination Dates of 2015 Revival notes below. Page 579 TITLE 19—CUSTOMS DUTIES § 2271 Amendments made by Pub. L. 113–128 were effective July 1, 2015, and were executed to this section as it ex- isted on Dec. 31, 2013, pursuant to section 402(b) of Pub. L. 114–27, which revived the provisions of this section, effective June 29, 2015. See 2014 Amendment notes below. Section 1893 of Pub. L. 111–5, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 111–5, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 111–5 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See 2009 and 2011 Amendment notes, Effective and Termi- nation Dates of 2009 Amendment notes, and Effective and Termination Dates of 2011 Revival notes below. AMENDMENTS 2015—Pub. L. 114–27, §§ 402(b), (c), 406, temporarily re- vived the provisions of this section, as in effect on Dec. 31, 2013. See Codification note above and 2011 Amend- ment and Effective and Termination Dates of 2015 Re- vival 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 sub- stitution of ‘‘, one-stop operators or one-stop partners (as defined in section 3102 of title 29) including State employment security agencies,’’ for ‘‘, one-stop opera- tors 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 Codifica- tion note above. Subsec. (a)(2)(A). Pub. L. 113–128, § 512(hh)(1)(B), sub- stituted ‘‘rapid response activities and appropriate ca- reer services (as described in section 3174 of title 29) au- thorized under other Federal laws’’ for ‘‘rapid response activities and appropriate core and intensive services (as described in section 134 of the Workforce Invest- ment 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 re- vived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 Amend- ment and Effective and Termination Dates of 2011 Re- vival 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 Termi- nation 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 agri- cultural firm or subdivision of any agricultural firm)’’ after ‘‘group of workers’’. See Codification note above and Effective and Termination Dates of 2009 Amend- ment 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, tem- porarily inserted ‘‘and on the website of the Depart- ment of Labor’’ after ‘‘Federal Register’’. See Codifica- tion 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 ap- propriate’’. 2002—Subsec. (a). Pub. L. 107–210 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as fol- lows: ‘‘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 work- ers (including workers in any agricultural firm or sub- division of an agricultural firm) or by their certified or recognized union or other duly authorized representa- tive. Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register that he has received the petition and initiated an investiga- tion.’’ 1993—Subsec. (a). Pub. L. 103–182 substituted ‘‘assist- ance 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’’. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 2015 REVIVAL For revival and applicability, beginning on June 29, 2015, of the provisions of this section as in effect on Dec. 31, 2013, see section 402(b), (c) of Pub. L. 114–27, set out as a note preceding this section. For reversion, beginning on July 1, 2021, to the provi- sions of this section as in effect on Jan. 1, 2014, with certain exceptions and subject to section 406(b) of Pub. L. 114–27, see section 406 of Pub. L. 114–27, set out as a note preceding this section. EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL For 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 re- version, 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 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, en- acting 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 [Feb. 17, 2009]; and ‘‘(2) shall apply to— Page 580 TITLE 19—CUSTOMS DUTIES § 2271 ‘‘(A) petitions for certification filed under chap- ter 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) CERTIFICATIONS MADE BEFORE EFFECTIVE DATE.— Notwithstanding subsection (a)— ‘‘(1) a worker shall continue to receive (or be eligi- ble 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 ef- fect 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 effec- tive 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 eligi- ble 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 sub- section (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 sec- tion 221 of the Trade Act of 1974 on or before such effective date; and ‘‘(B) would otherwise be eligible to receive bene- fits 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 sub- chapter], 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 ef- fective 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 be- fore such effective date; and ‘‘(B) would otherwise be eligible to receive bene- fits under such chapter 3 as in effect on the day be- fore 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 Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, 2011, as if amend- ment by Pub. L. 111–5 had never been enacted, was re- pealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above. EFFECTIVE DATE OF 2002 AMENDMENT 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 Aug. 6, 2002, except as otherwise provided, see section 151 of Pub. L. 107–210, set out as a note preceding this section. EFFECTIVE DATE OF 1993 AMENDMENT Pub. L. 103–182, title V, § 506, Dec. 8, 1993, 107 Stat. 2152, which provided that the amendments made by sec- tions 501 to 505 of Pub. L. 103–182 would take effect on the date the North American Free Trade Agreement en- tered 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 DATE No trade adjustment assistance, vouchers, allow- ances, 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 pe- tition described in clause (iii), the Secretary shall make that determination based on the require- ments of section 222 of the Trade Act of 1974, as in effect on such date of enactment. ‘‘(ii) RECONSIDERATION OF DENIALS OF CERTIFI- CATIONS.—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 re- quirements of section 222 of the Trade Act of 1974, as in effect on such date of enactment, cer- tify 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 sec- tion 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 ad- justment assistance under section 222 of the Trade Act of 1974 [19 U.S.C. 2272] pursuant to a pe- tition 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 provi- sions of chapter 2 of title II of the Trade Act of 1974 [this part], as in effect on such date of enact- ment. ‘‘(ii) COMPUTATION OF MAXIMUM BENEFITS.—Ben- efits 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 max- imum 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 Page 581 TITLE 19—CUSTOMS DUTIES § 2271 assistance pursuant to a petition filed under section 221 of the Trade Act of 1974 [19 U.S.C. 2271] on or be- fore 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 De- cember 31, 2013. ‘‘(3) QUALIFYING SEPARATIONS WITH RESPECT TO PETI- TIONS 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 sub- stituting ‘before January 1, 2014’ for ‘more than one year before the date of the petition on which such certification was granted’ for purposes of deter- mining whether a worker is eligible to apply for ad- justment 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 de- termination 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 PETI- TIONS.—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 sec- tion 251 of the Trade Act of 1974, as in effect on such date of enactment, certify the firm as eligi- ble 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 EN- ACTMENT.— ‘‘(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 deter- mines would have been certified as eligible to apply for adjustment assistance if— ‘‘(i) the firm or its representative had filed a pe- tition for a certification of eligibility under sec- tion 251 of the Trade Act of 1974 on a date during the period beginning on January 1, 2014, and end- ing 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 ef- fect 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 pe- tition described in clause (iii), the Secretary shall make that determination based on the require- ments of section 222 of the Trade Act of 1974, as in effect on such date of enactment. ‘‘(ii) RECONSIDERATION OF DENIALS OF CERTIFI- CATIONS.—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 re- quirements of section 222 of the Trade Act of 1974, as in effect on such date of enactment, cer- tify 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 sec- tion 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 ad- justment assistance under section 222 of the Trade Act of 1974 [19 U.S.C. 2272] pursuant to a pe- tition 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 provi- sions of chapter 2 of title II of the Trade Act of 1974 [this part], as in effect on such date of enact- ment. ‘‘(ii) ELECTION FOR WORKERS RECEIVING BENEFITS ON THE 60TH DAY AFTER ENACTMENT.— ‘‘(I) IN GENERAL.—A worker certified as eligi- ble 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 sub- paragraph (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 elec- tion 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 Feb- ruary 13, 2011. ‘‘(II) EFFECT OF FAILURE TO MAKE ELECTION.— A worker described in subclause (I) who does not make the election described in that sub- clause 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 sub- clause (I) under chapter 2 of title II of the Trade Act of 1974, as in effect on February 13, 2011, be- fore the worker makes the election described in that subclause shall be included in any deter- Page 582 TITLE 19—CUSTOMS DUTIES § 2272 mination 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 elec- tion 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 eli- gible 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 PETI- TIONS 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 adminis- tered 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 de- termination 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 PETI- TIONS.—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 sec- tion 251 of the Trade Act of 1974, as in effect on such date of enactment, certify the firm as eligi- ble 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 EN- ACTMENT.— ‘‘(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 deter- mines would have been certified as eligible to apply for adjustment assistance if— ‘‘(i) the firm or its representative had filed a pe- tition for a certification of eligibility under sec- tion 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 enact- ment 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 ef- fect 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 com- petitive 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 accord- ance 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 infor- mation on all other Federal assistance available to such workers.’’ § 2272. Group eligibility requirements (a) In general A group of workers (including workers in any agricultural firm or subdivision of an agricul- tural firm) shall be certified by the Secretary as eligible to apply for adjustment assistance under this part pursuant to a petition filed under section 2271 of this title if the Secretary determines that— (1) a significant number or proportion of the workers in such workers’ firm, or an appro- priate subdivision of the firm, have become to- tally or partially separated, or are threatened to become totally or partially separated; and (2)(A)(i) the sales or production, or both, of such firm or subdivision have decreased abso- lutely; (ii) imports of articles like or directly com- petitive with articles produced by such firm or subdivision have increased; and (iii) the increase in imports described in clause (ii) contributed importantly to such