19 U.S.C. § 2273 — Determinations by Secretary of Labor

Page 586 TITLE 19—CUSTOMS DUTIES § 2273 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 sec- tion 2271 of this title. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–182 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 a note under section 2271 of this title. EFFECTIVE DATE OF 1983 AMENDMENT Pub. L. 98–120, § 3(b), Oct. 12, 1983, 97 Stat. 809, pro- vided that: ‘‘The amendments made by subsection (a) [amending this section] shall apply with respect to pe- titions for certification filed under section 221 of the Trade Act of 1974 [19 U.S.C. 2271] on or after October 1, 1983.’’ EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION PROVISIONS Amendment by Pub. L. 97–35 applicable to petitions filed on or after Oct. 1, 1983, with transition provisions applicable, see section 2514 of Pub. L. 97–35, set out as a note under section 2291 of this title. 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 section 2271 of this title. WORKERS COVERED BY CERTIFICATION NOTWITHSTANDING OTHER LAW Pub. L. 100–418, title I, § 1421(a)(1)(B), Aug. 23, 1988, 102 Stat. 1243, provided that: ‘‘Notwithstanding section 223(b) of the Trade Act of 1974 [19 U.S.C. 2273(b)], or any other provision of law, any certification made under subchapter A of chapter 2 of title II of such Act [this subpart] which— ‘‘(i) is made with respect to a petition filed before the date that is 90 days after the date of enactment of this Act [Aug. 23, 1988], and ‘‘(ii) would not have been made if the amendments made by subparagraph (A) [amending this section] had not been enacted into law, shall apply to any worker whose most recent total or partial separation from the firm, or appropriate sub- division of the firm, described in section 222(a) of such Act [19 U.S.C. 2272(a)] occurs after September 30, 1985.’’ § 2273. Determinations by Secretary of Labor (a) Certification of eligibility As soon as possible after the date on which a petition is filed under section 2271 of this title, but in any event not later than 40 days after that date, the Secretary shall determine wheth- er the petitioning group meets the requirements of section 2272 of this title and shall issue a cer- tification of eligibility to apply for assistance under this subpart covering workers in any group which meets such requirements. Each cer- tification shall specify the date on which the total or partial separation began or threatened to begin. (b) Workers covered by certification A certification under this section shall not apply to any worker whose last total or partial separation from the firm or appropriate subdivi- sion of the firm before his application under sec- tion 2291 of this title occurred— (1) more than one year before the date of the petition on which such certification was granted, or (2) more than 6 months before the effective date of this part. (c) Publication of determination in Federal Reg- ister Upon reaching his determination on a peti- tion, the Secretary shall promptly publish a summary of the determination in the Federal Register together with his reasons for making such determination. (d) Termination of certification Whenever the Secretary determines, with re- spect to any certification of eligibility of the workers of a firm or subdivision of the firm, that total or partial separations from such firm or subdivision are no longer attributable to the conditions specified in section 2272 of this title, he shall terminate such certification and promptly have notice of such termination pub- lished in the Federal Register together with his reasons for making such determination. Such termination shall apply only with respect to total or partial separations occurring after the termination date specified by the Secretary. (Pub. L. 93–618, title II, § 223, Jan. 3, 1975, 88 Stat. 2019; Pub. L. 103–182, title V, § 503(a), Dec. 8, 1993, 107 Stat. 2151; Pub. L. 107–210, div. A, title I, § 112(b), Aug. 6, 2002, 116 Stat. 937; Pub. L. 111–5, div. B, title I, §§ 1803, 1858(a), Feb. 17, 2009, 123 Stat. 372, 395; Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; 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 For the effective date of this part, referred to in sub- sec. (b)(2), see Effective and Termination Date note set out preceding section 2271 of this title. 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. 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- Page 587 TITLE 19—CUSTOMS DUTIES § 2274 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. 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. (b). Pub. L. 111–5, §§ 1803(1), 1893, tempo- rarily substituted ‘‘before the worker’s application under section 2291 of this title occurred more than one year before the date of the petition on which such cer- tification was granted.’’ for ‘‘or appropriate subdivision of the firm before his application under section 2291 of this title occurred— ‘‘(1) more than one year before the date of the peti- tion on which such certification was granted, or ‘‘(2) more than 6 months before the effective date of this part.’’ See Codification note above and Effective and Termi- nation Dates of 2009 Amendment note below. Subsec. (c). Pub. L. 111–5, §§ 1803(2), 1858(a), 1893, tem- porarily substituted ‘‘a determination’’ for ‘‘his deter- mination’’ and ‘‘and on the website of the Department of Labor, together with the Secretary’s reasons’’ for ‘‘together with his reasons’’. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (d). Pub. L. 111–5, §§ 1803(3), 1893, temporarily substituted ‘‘, that total or partial separations from such firm are no longer attributable to the conditions specified in section 2272 of this title, the Secretary shall’’ for ‘‘or subdivision of the firm, that total or par- tial separations from such firm or subdivision are no longer attributable to the conditions specified in sec- tion 2272 of this title, he shall’’ and ‘‘and on the website of the Department of Labor, together with the Sec- retary’s reasons’’ for ‘‘together with his reasons’’. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (e). Pub. L. 111–5, §§ 1803(4), 1893, temporarily added subsec. (e). See Codification note above and Ef- fective and Termination Dates of 2009 Amendment note below. 2002—Subsec. (a). Pub. L. 107–210 substituted ‘‘40 days’’ for ‘‘60 days’’. 1993—Subsec. (a). Pub. L. 103–182 substituted ‘‘assist- ance under this subpart’’ for ‘‘assistance under this part’’. 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 section 2271 of this title. 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 section 2271 of this title. 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 section 2271 of this title. Section 233 of Pub. L. 112–40, formerly set out as a note preceding section 2271 of this title, which provided for the reversion, beginning on Jan. 1, 2014, of the provi- sions 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, effec- tive June 29, 2015. See Codification note above. EFFECTIVE AND TERMINATION DATES OF 2009 AMENDMENT Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period begin- ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 not ap- plicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codifica- tion 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 sec- tion 2271 of this title. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–182 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 a note under section 2271 of this title. TERMINATION DATE No trade adjustment assistance, vouchers, allow- ances, or other payments or benefits may be provided under this section after June 30, 2022, except as other- wise provided, see section 285 of Pub. L. 93–618, as modi- fied by section 406(a)(7) of Pub. L. 114–27, set out as notes preceding section 2271 of this title. § 2274. Study by Secretary of Labor when Inter- national Trade Commission begins investiga- tion (a) Subject matter of study Whenever the International Trade Commission (hereafter referred to in this part as the ‘‘Com- mission’’) begins an investigation under section 2252 of this title with respect to an industry, the Commission shall immediately notify the Sec- retary of such investigation, and the Secretary shall immediately begin a study of— (1) the number of workers in the domestic industry producing the like or directly com- petitive article who have been or are likely to be certified as eligible for adjustment assist- ance, and (2) the extent to which the adjustment of such workers to the import competition may be facilitated through the use of existing pro- grams. (b) Report; publication The report of the Secretary of the study under subsection (a) of this section shall be made to the President not later than 15 days after the day on which the Commission makes its report under section 2252(f) of this title. Upon making his report to the President, the Secretary shall also promptly make it public (with the excep- tion of information which the Secretary deter- mines to be confidential) and shall have a sum- mary of it published in the Federal Register.