19 U.S.C. § 2272

Termination of Assistance

June 30, 2022For termination of assistance under this part after , see Termination Date note below.

Editorial Notes

References in Text

Pub. L. 102–182Dec. 4, 1991105 Stat. 1236section 3201 of this titleThe Andean Trade Preference Act, referred to in subsec. (a)(2)(B)(ii)(II), is title II of , , , which is classified generally to chapter 20 (§ 3201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 106–200May 18, 2000114 Stat. 252section 3701 of this titleThe African Growth and Opportunity Act, referred to in subsec. (a)(2)(B)(ii)(II), is title I of , , , which is classified principally to chapter 23 (§ 3701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 98–67Aug. 5, 198397 Stat. 384section 2701 of this titleThe Caribbean Basin Economic Recovery Act, referred to in subsec. (a)(2)(B)(ii)(II), is title II of , , , which is classified principally to chapter 15 (§ 2701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Codification

July 1, 2021Jan. 1, 2014Section reflects the , reversion to provisions in effect on . See Effective and Termination Dates of 2015 Revival note below.

Section 233 of Pub. L. 112–40Jan. 1, 2014Feb. 13, 2011Pub. L. 114–27, title IV, § 402(a)June 29, 2015129 Stat. 374Dec. 31, 2013June 29, 2015July 1, 2021Pub. L. 114–27, which provided for the , revival of this section as in effect on , was repealed by , , , and the provisions of this section, as in effect on , were temporarily revived, effective , until , by , §§ 402(b), (c), 406.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.

Pub. L. 113–128July 1, 2015Dec. 31, 2013section 402(b) of Pub. L. 114–27June 29, 2015Amendment made by was effective , and was executed to this section as it existed on , pursuant to , which revived the provisions of this section, effective . See 2014 Amendment note below.

Section 1893 of Pub. L. 111–5Feb. 13, 2011Pub. L. 111–5Pub. L. 112–40, title II, § 201(a)Oct. 21, 2011125 Stat. 403Pub. L. 111–5Feb. 12, 2011Oct. 21, 2011Jan. 1, 2014Pub. L. 112–40, which provided for , termination of amendment by , was repealed by , , , and the provisions of this section, as amended by and as in effect on , were temporarily revived, effective , until , by , §§ 201(b), (c), 233. See 2009 and 2011 Amendment notes, Effective and Termination Dates of 2009 Amendment notes, and Effective and Termination Dates of 2011 Revival notes below.

Amendments

Pub. L. 114–27Dec. 31, 20132015—, §§ 402(b), (c), 406, temporarily revived the provisions of this section, as in effect on . See Codification note above and 2011 Amendment and Effective and Termination Dates of 2015 Revival notes below.

Pub. L. 113–128section 3102 of title 29section 2801 of title 292014—Subsec. (d)(2)(A)(iv). substituted “one-stop operators or one-stop partners (as defined in )” for “one-stop operators or one-stop partners (as defined in )”. See Codification note above.

Pub. L. 112–40Feb. 12, 20112011—, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on . See Codification note above and 2009 Amendment and Effective and Termination Dates of 2011 Revival notes below.

Pub. L. 112–40section 2271 of this titleSubsec. (b). , §§ 211(a)(1), (2), 233, temporarily redesignated subsec. (c) as (b) and struck out former subsec. (b). Prior to amendment, text of subsec. (b) read as follows: “A group of workers in a public agency shall be certified by the Secretary as eligible to apply for adjustment assistance under this part pursuant to a petition filed under if the Secretary determines that—

“(1) a significant number or proportion of the workers in the public agency have become totally or partially separated, or are threatened to become totally or partially separated;

“(2) the public agency has acquired from a foreign country services like or directly competitive with services which are supplied by such agency; and

“(3) the acquisition of services described in paragraph (2) contributed importantly to such workers’ separation or threat of separation.”

See Codification note above and Effective and Termination Dates of 2011 Revival note below.

Pub. L. 112–40Subsec. (b)(2). , §§ 211(a)(3), 233, temporarily substituted “(c)(3)” for “(d)(3)”. See Codification note above and Effective and Termination Dates of 2011 Revival note below.

Pub. L. 112–40Subsec. (c). , §§ 211(a)(2), 233, temporarily redesignated subsec. (d) as (c). Former subsec. (c) temporarily redesignated (b). See Codification note above and Effective and Termination Dates of 2011 Revival note below.

Pub. L. 112–40Subsec. (c)(5). , §§ 211(a)(4), 233, temporarily struck out par. (5). Prior to amendment, text read as follows: “For purposes of subsection (a), the term ‘firm’ does not include a public agency.” See Codification note above and Effective and Termination Dates of 2011 Revival note below.

Pub. L. 112–40Subsec. (d). , §§ 211(a)(2), 233, temporarily redesignated subsec. (e) as (d). Former subsec. (d) temporarily redesignated (c). See Codification note above and Effective and Termination Dates of 2011 Revival note below.

Pub. L. 112–40Subsec. (d)(2). , §§ 211(a)(5), 233, temporarily substituted “or (b)” for “, (b), or (c)” in introductory provisions. See Codification note above and Effective and Termination Dates of 2011 Revival note below.

Pub. L. 112–40Subsecs. (e), (f). , §§ 211(a)(2), 233, temporarily redesignated subsec. (f) as (e). Former subsec. (e) temporarily redesignated (d). See Codification note above and Effective and Termination Dates of 2011 Revival note below.

Pub. L. 111–52009—Subsec. (a). , §§ 1801(e)(2)(A), 1893, temporarily struck out “(including workers in any agricultural firm or subdivision of an agricultural firm)” after “group of workers” in introductory provisions. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Pub. L. 111–5Subsec. (a)(1). , §§ 1801(e)(2)(B)(i), 1893, temporarily struck out “, or an appropriate subdivision of the firm,” after “workers’ firm”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Pub. L. 111–5Subsec. (a)(2)(A)(i). , §§ 1801(e)(2)(B)(ii), 1893, temporarily struck out “or subdivision” after “such firm”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Pub. L. 111–5Subsec. (a)(2)(A)(ii). , §§ 1801(b)(1)(A), 1893, temporarily amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “imports of articles like or directly competitive with articles produced by such firm or subdivision have increased; and”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Pub. L. 111–5Subsec. (a)(2)(A)(iii). , §§ 1801(e)(2)(B)(ii), 1893, temporarily struck out “or subdivision” after “such firm”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Pub. L. 111–5Subsec. (a)(2)(B). , §§ 1801(b)(1)(B), 1893, temporarily amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows:

“(i) there has been a shift in production by such workers’ firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision; and

“(ii)(I) the country to which the workers’ firm has shifted production of the articles is a party to a free trade agreement with the United States;

“(II) the country to which the workers’ firm has shifted production of the articles is a beneficiary country under the Andean Trade Preference Act, African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act; or

“(III) there has been or is likely to be an increase in imports of articles that are like or directly competitive with articles which are or were produced by such firm or subdivision.”

See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Pub. L. 111–5Subsec. (b). , §§ 1801(b)(2), (3), 1893, temporarily added subsec. (b) and redesignated former subsec. (b) as (c). See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Pub. L. 111–5Subsec. (c). , §§ 1801(e)(2)(A), 1893, temporarily struck out “(including workers in any agricultural firm or subdivision of an agricultural firm)” after “group of workers” in introductory provisions. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Pub. L. 111–5, §§ 1801(b)(2), 1893, temporarily redesignated subsec. (b) as (c). Former subsec. (c) temporarily redesignated (d). See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Pub. L. 111–5Subsec. (c)(2). , §§ 1801(e)(2)(C)(i), 1893, temporarily struck out “(or subdivision)” after “workers’ firm” and after “producer to a firm”, inserted “or service” after “the article”, and substituted “(d)(3)” for “(c)(3)”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Pub. L. 111–5Subsec. (c)(3). , §§ 1801(e)(2)(C)(ii), 1893, temporarily struck out “(or subdivision)” after “the firm” in two places. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Pub. L. 111–5Subsec. (d). , §§ 1801(e)(2)(D)(i), 1893, temporarily inserted heading. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Pub. L. 111–5, §§ 1801(b)(2), 1893, temporarily redesignated subsec. (c) as (d). See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Pub. L. 111–5Subsec. (d)(2). , §§ 1801(e)(2)(D)(ii), 1893, temporarily struck out “, or appropriate subdivision of a firm,” after “Any firm” in two places. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Pub. L. 111–5Subsec. (d)(3). , §§ 1801(e)(2)(D)(iii), 1893, temporarily amended par. (3) generally. Prior to amendment, text read as follows: “The term ‘downstream producer’ means a firm that performs additional, value-added production processes for a firm or subdivision, including a firm that performs final assembly or finishing, directly for another firm (or subdivision), for articles that were the basis for a certification of eligibility under subsection (a) of this section of a group of workers employed by such other firm, if the certification of eligibility under subsection (a) of this section is based on an increase in imports from, or a shift in production to, Canada or Mexico.” See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Pub. L. 111–5Subsec. (d)(4). , §§ 1801(e)(2)(D)(iv), 1893, temporarily struck out “(or subdivision)” after “another firm” and inserted “, or services, used in the production of articles or in the supply of services, as the case may be,” after “for articles”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Pub. L. 111–5Subsec. (d)(5). , §§ 1801(e)(2)(D)(v), 1893, temporarily added par. (5). See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Pub. L. 111–5Subsecs. (e), (f). , §§ 1801(c), 1802, 1893, temporarily added subsecs. (e) and (f). See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Pub. L. 108–429section 2271 of this title2004—Subsec. (b). made technical amendment to heading and inserted “pursuant to a petition filed under ” after “under this part” in introductory provisions.

Pub. L. 107–210, § 113(a)(1)(A)2002—Subsec. (a). , inserted heading and amended text generally. Prior to amendment, text read as follows: “The Secretary shall certify a group of workers (including workers in any agricultural firm or subdivision of an agricultural firm) as eligible to apply for adjustment assistance under this subpart if he determines—

“(1) that a significant number or proportion of the workers in such workers’ firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated,

“(2) that sales or production, or both, of such firm or subdivision have decreased absolutely, and

“(3) that increases of imports of articles like or directly competitive with articles produced by such workers’ firm or an appropriate subdivision thereof contributed importantly to such total or partial separation, or threat thereof, and to such decline in sales or production.”

Pub. L. 107–210, § 113(a)(1)(C)Subsec. (b). , added subsec. (b). Former subsec. (b) redesignated (c).

Pub. L. 107–210, § 113(b)(1)Subsec. (c). , substituted “this section” for “subsection (a)(3) of this section” in introductory provisions.

Pub. L. 107–210, § 113(a)(1)(B), redesignated subsec. (b) as (c).

Pub. L. 107–210, § 113(b)(2)Subsec. (c)(3), (4). , added pars. (3) and (4).

Pub. L. 103–1821993—Subsec. (a). substituted “assistance under this subpart” for “assistance under this part”.

Pub. L. 100–418, § 1421(a)(1)(A)1988—, struck out last sentence which defined “contributed importantly” for purposes of par. (3), designated remaining provisions as subsec. (a), and added subsec. (b).

Pub. L. 100–418, § 1421(b)(1)section 1430(d) of Pub. L. 100–418section 2397 of this titleSubsec. (a)(3). , directed the general amendment of par. (3) adding provisions relating to provision of essential goods or services by such workers’ firm, or appropriate subdivision thereof, which amendment did not become effective pursuant to , as amended, set out as an Effective Date note under .

Pub. L. 99–2721986— inserted “(including workers in any agricultural firm or subdivision of an agricultural firm)” after “group of workers”.

Pub. L. 98–120, § 3(a)(2)1983—, substituted “For purposes of paragraph (3), the term ‘contributed importantly’ means a cause which is important, but not necessarily more important than any other cause” for “For purposes of paragraph (3), the term ‘substantial cause’ means a cause which is important and not less than any other cause” in provision following par. (3).

Pub. L. 98–120, § 3(a)(1)Par. (3). , substituted “contributed importantly to such total or partial separation, or threat thereof, and to such decline” for “were a substantial cause of such total or partial separation, or threat thereof, and of such decline”.

Pub. L. 97–351981— substituted provisions defining “substantial cause” and applicability of such term in par. (3) for provisions defining “contributed importantly” and applicability of such term in par. (3).

Statutory Notes and Related Subsidiaries

Effective and Termination Dates of 2015 Revival

June 29, 2015Dec. 31, 2013Pub. L. 114–27section 2271 of this titleFor revival and applicability, beginning on , of the provisions of this section as in effect on , see section 402(b), (c) of , set out as a note preceding .

July 1, 2021Jan. 1, 2014section 406(b) of Pub. L. 114–27section 406 of Pub. L. 114–27section 2271 of this titleFor reversion, beginning on , to the provisions of this section as in effect on , with certain exceptions and subject to , see , set out as a note preceding .

Effective Date of 2014 Amendment

Pub. L. 113–128July 22, 2014July 1, 2015section 506 of Pub. L. 113–128section 3101 of Title 29Amendment by effective on the first day of the first full program year after (), see , set out as an Effective Date note under , Labor.

Effective and Termination Dates of 2011 Revival

Oct. 21, 2011Feb. 12, 2011Pub. L. 112–40section 2271 of this titleFor revival and applicability, beginning on , of the provisions of this section as in effect on , see section 201(b), (c) of , set out as a note preceding .

Section 233 of Pub. L. 112–40section 2271 of this titleJan. 1, 2014Feb. 13, 2011Pub. L. 114–27, title IV, § 402(a)June 29, 2015129 Stat. 374June 29, 2015, formerly set out as a note preceding , which provided for the reversion, beginning on , of the provisions of this section to those in effect on , subject to certain exceptions, was repealed by , , , effective . See Codification note above.

Effective and Termination Dates of 2009 Amendment

Pub. L. 111–5Feb. 17, 2009section 1891 of Pub. L. 111–5section 2271 of this titleExcept as otherwise provided and subject to certain applicability provisions, amendment by effective upon the expiration of the 90-day period beginning on , see , set out as a note under .

Section 1893 of Pub. L. 111–5section 2271 of this titlePub. L. 111–5Feb. 13, 2011Feb. 13, 2011Pub. L. 111–5Pub. L. 112–40, title II, § 201(a)Oct. 21, 2011125 Stat. 403Oct. 21, 2011, formerly set out as a Termination Date of 2009 Amendment note preceding , which provided that, except as otherwise provided, amendment by not applicable on or after , and that this section be applied and administered beginning , as if amendment by had never been enacted, was repealed by , , , effective . See Codification note above.

Effective Date of 2002 Amendment

Pub. L. 107–210Aug. 6, 2002section 151 of Pub. L. 107–210section 2271 of this titleAmendment by 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 , except as otherwise provided, see , set out as a note preceding .

Effective Date of 1993 Amendment

Pub. L. 103–182Jan. 1, 1994section 506(a) of Pub. L. 103–182section 2271 of this titleAmendment by effective on the date the North American Free Trade Agreement enters into force with respect to the United States (), see , formerly set out as a note under .

Effective Date of 1983 Amendment

Pub. L. 98–120, § 3(b)Oct. 12, 198397 Stat. 809

Effective Date of 1981 Amendment and Transition Provisions

Pub. L. 97–35Oct. 1, 1983section 2514 of Pub. L. 97–35section 2291 of this titleAmendment by applicable to petitions filed on or after , with transition provisions applicable, see , set out as a note under .

Termination Date

June 30, 2022section 285 of Pub. L. 93–618section 406(a)(7) of Pub. L. 114–27section 2271 of this titleNo trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this part after , except as otherwise provided, see , as modified by , set out as notes preceding .

Workers Covered by Certification Notwithstanding Other Law

Pub. L. 100–418, title I, § 1421(a)(1)(B)Aug. 23, 1988102 Stat. 1243