Certification of eligibility
section 2271 of this titlesection 2272 of this titleAs soon as possible after the date on which a petition is filed under , but in any event not later than 40 days after that date, the Secretary shall determine whether the petitioning group meets the requirements of and shall issue a certification of eligibility to apply for assistance under this subpart covering workers in any group which meets such requirements. Each certification shall specify the date on which the total or partial separation began or threatened to begin.
Workers covered by certification
Publication of determination in Federal Register
Upon reaching his determination on a petition, the Secretary shall promptly publish a summary of the determination in the Federal Register together with his reasons for making such determination.
Termination of certification
section 2272 of this titleWhenever the Secretary determines, with respect 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 , he shall terminate such certification and promptly have notice of such termination published 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, § 22388 Stat. 2019Pub. L. 103–182, title V, § 503(a)107 Stat. 2151Pub. L. 107–210, div. A, title I, § 112(b)116 Stat. 937Pub. L. 111–5, div. B, title I123 Stat. 372Pub. L. 112–40, title II, § 201(b)125 Stat. 403Pub. L. 114–27, title IV, § 402(b)129 Stat. 374(, , ; , , ; , , ; , §§ 1803, 1858(a), , , 395; , (c), , ; , (c), , .)
Termination of Assistance
For termination of assistance under this part after , see Termination Date note below.
Editorial Notes
References in Text
section 2271 of this titleFor the effective date of this part, referred to in subsec. (b)(2), see Effective and Termination Date note set out preceding .
Codification
Section reflects the , reversion to provisions in effect on . See Effective and Termination Dates of 2015 Revival note below.
Section 233 of Pub. L. 112–40Pub. L. 114–27, title IV, § 402(a)129 Stat. 374Pub. L. 114–27, which provided for the , revival of this section as in effect on , was repealed by , , , and the provisions of this section, as in effect on , were temporarily revived, effective , until , by , §§ 402(b), (c), 406.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.
Section 1893 of Pub. L. 111–5Pub. L. 111–5Pub. L. 112–40, title II, § 201(a)125 Stat. 403Pub. L. 111–5Pub. 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. 114–272015—, §§ 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. 112–402011—, §§ 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. 111–5section 2291 of this titlesection 2291 of this title2009—Subsec. (b). , §§ 1803(1), 1893, temporarily substituted “before the worker’s application under occurred more than one year before the date of the petition on which such certification was granted.” for “or appropriate subdivision of the firm before his application under 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.”
See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Pub. L. 111–5Subsec. (c). , §§ 1803(2), 1858(a), 1893, temporarily substituted “a determination” for “his determination” 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.
Pub. L. 111–5section 2272 of this titlesection 2272 of this titleSubsec. (d). , §§ 1803(3), 1893, temporarily substituted “, that total or partial separations from such firm are no longer attributable to the conditions specified in , the Secretary shall” for “or subdivision of the firm, that total or partial separations from such firm or subdivision are no longer attributable to the conditions specified in , he shall” 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.
Pub. L. 111–5Subsec. (e). , §§ 1803(4), 1893, temporarily added subsec. (e). See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Pub. L. 107–2102002—Subsec. (a). substituted “40 days” for “60 days”.
Pub. L. 103–1821993—Subsec. (a). substituted “assistance under this subpart” for “assistance under this part”.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 2015 Revival
Pub. 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 .
section 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 and Termination Dates of 2011 Revival
Pub. 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 titlePub. L. 114–27, title IV, § 402(a)129 Stat. 374, 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. 111–5section 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. 111–5Pub. L. 111–5Pub. L. 112–40, title II, § 201(a)125 Stat. 403, 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. 107–210section 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. 103–182section 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 .
Termination Date
section 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 section after , except as otherwise provided, see , as modified by , set out as notes preceding .