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Title 19 — Customs Duties

Part 2 · Chapter 12 — Trade Act of 1974

§ 2274. Study by Secretary of Labor when International Trade Commission begins investigation

Statutory text

(a)

Subject matter of study

Whenever the International Trade Commission (hereafter referred to in this part as the “Commission”) begins an investigation under section 2252 of this title with respect to an industry, the Commission shall immediately notify the Secretary 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 competitive article who have been or are likely to be certified as eligible for adjustment assistance, and

(2)

the extent to which the adjustment of such workers to the import competition may be facilitated through the use of existing programs.

(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 exception of information which the Secretary determines to be confidential) and shall have a summary of it published in the Federal Register.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Trade Act of 1974

    Pub. L. 93–618 title II § 224 · 88 Stat. 1978

    Enacted · 19 U.S.C. § 2274

    Pub. L. 93–618, title II, § 224, Jan. 3, 1975, 88 Stat. 2020

    Source evidence

    Code source credit
    Pub. L. 93–618, title II, § 224, Jan. 3, 1975, 88 Stat. 2020

    Enacted provision · exact public law section
    Report to President.SEC. 224. STUDY BY SECRETARY OF LABOR WHEN INTERNATIONAL TRADE COMMISSION BEGINS INVESTIGATION; ACTION WHERE THERE IS AFFIRMATIVE FINDING. (a) Whenever the International Trade Commission (hereafter referred to in tins chapter as the “Commission”) begins an investigation under section 201 with respect to an industry, the Commission shall immediately notify the Secretary 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 competitive article who have been or are likely to be certified as eligible for adjustment assistance, and (2) the extent to which the adjustment of such workers to the import competition may be facilitated through the use of existing programs. Publication in Federal Register.(b) The report, of the Secretary of the study under subsection (a) shall be made to the President not later than 15 days after the day on 19 USC 2291. which the Commission makes its report under section 201. Upon making his report to the President, the Secretary shall also promptly make it public (with the exception of information which the Secretary determines to be confidential) and shall have a summary of it published in the Federal Register. (c) Whenever the Commission makes an affirmative finding under section 201(b) that increased imports are a substantial cause of serious injury or threat thereof with respect to an industry, the Secretary shall make available, to the extent feasible, full information to the workers in such industry about programs which may facilitate the adjustment to import competition of such workers, and he shall provide assistance in the preparation and processing of petitions and applications of such workers for program benefits.

  2. Pub. L. 97–35 title XXV § 2513(a) · 95 Stat. 357

    Struck · 19 U.S.C. § 2274(c)

    Pub. L. 97–35 struck out subsec. (c) which related to availability of information to workers

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 97–35 struck out subsec. (c) which related to availability of information to workers.

    Enacted provision · exact public law section
    (a) (1) Subsection (c) of section 224 of the Trade Act of 1974 (19 U.S.C. 2274(c)) is repealed. (2) The section heading for such section 224 is amended by striking out “; action where there is affirmative finding”.

  3. Omnibus Trade and Competitiveness Act of 1988

    Pub. L. 100–418 title I § 1401(b)(1)(B) · 102 Stat. 1107

    Substituted · 19 U.S.C. § 2274(a)

    Pub. L. 100–418 substituted “section 2252” for “section 2251”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 100–418 substituted “section 2252” for “section 2251”.

    Enacted provision · exact public law section
    (B) Sections 224 and 264 (19 U.S.C. 2274 and 2354) are each amended— (i) by striking out “201” in subsection (a) and inserting “202”; (ii) by striking out “201” in subsection (b) and inserting “202(f)”; and such section 264 is amended by striking out “201(b)” in subsection (c) and inserting “202(b)”.

  4. Omnibus Trade and Competitiveness Act of 1988

    Pub. L. 100–418 title I § 1401(b)(1)(B) · 102 Stat. 1107

    Substituted · 19 U.S.C. § 2274(b)

    Pub. L. 100–418 substituted “section 2252(f)” for “section 2251”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 100–418 substituted “section 2252(f)” for “section 2251”.

    Enacted provision · exact public law section
    (B) Sections 224 and 264 (19 U.S.C. 2274 and 2354) are each amended— (i) by striking out “201” in subsection (a) and inserting “202”; (ii) by striking out “201” in subsection (b) and inserting “202(f)”; and such section 264 is amended by striking out “201(b)” in subsection (c) and inserting “202(b)”.

  5. Trade and Globalization Adjustment Assistance Act of 2009

    Pub. L. 111–5 div. B title I § 1811(a) · 123 Stat. 115

    Substituted · 19 U.S.C. § 2274

    Pub. L. 111–5, §§ 1811(a)(1), 1893, temporarily substituted “Study and notifications regarding certain affirmative determinations; industry notification of assistance” for “Study by Secretary of Labor when International Trade Commission begins investigation” in section catchline. See Codification note above and Effective and Termination Dates of 2009 Amendment note below

    Source evidence

    Code amendment note
    Pub. L. 111–5, §§ 1811(a)(1), 1893, temporarily substituted “Study and notifications regarding certain affirmative determinations; industry notification of assistance” for “Study by Secretary of Labor when International Trade Commission begins investigation” in section catchline. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

    Enacted provision · exact public law section
    (a) In General.— Section 224 of the Trade Act of 1974 (19 U.S.C. 2274) is amended— (1) by amending the heading to read as follows: “SEC. 224. STUDY AND NOTIFICATIONS REGARDING CERTAIN AFFIRMATIVE DETERMINATIONS; INDUSTRY NOTIFICATION OF ASSISTANCE.” ; (2) in subsection (a), by striking “Whenever” and inserting “Study of Domestic Industry.—Whenever”; (3) in subsection (b)— (A) by striking “The report” and inserting “Report by the Secretary.—The report”; and (B) by inserting “and on the website of the Department of Labor” after “Federal Register”; and (4) by adding at the end the following: “(c) Notifications Following Affirmative Global Safeguard Determinations.— Upon making an affirmative determination under section 202(b)(1), the Commission shall promptly notify the Secretary of Labor and the Secretary of Commerce and, in the case of a determination with respect to an agricultural commodity, the Secretary of Agriculture, of the determination. “(d) Notifications Following Affirmative Bilateral or Plurilateral Safeguard Determinations.— “(1) Notifications of determinations of market disruption.— Upon making an affirmative determination under section 421(b)(1), the Commission shall promptly notify the Secretary of Labor and the Secretary of Commerce and, in the case of a determination with respect to an agricultural commodity, the Secretary of Agriculture, of the determination. “(2) Notifications regarding trade agreement safeguards.— Upon making an affirmative determination in a proceeding initiated under an applicable safeguard provision (other than a provision described in paragraph (3)) that is enacted to implement a trade agreement to which the United States is a party, the Commission shall promptly notify the Secretary of Labor and the Secretary of Commerce and, in the case of a determination with respect to an agricultural commodity, the Secretary of Agriculture, of the determination. “(3) Notifications regarding textile and apparel safeguards.— Upon making an affirmative determination in a proceeding initiated under any safeguard provision relating to textile and apparel articles that is enacted to implement a trade agreement to which the United States is a party, the President shall promptly notify the Secretary of Labor and the Secretary of Commerce of the determination. “(e) Notifications Following Certain Affirmative Determinations Under Title Vii of the Tariff Act of 1930.— Upon making an affirmative determination under section 705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of 1930 (19 U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A)), the Commission shall promptly notify the Secretary of Labor and the Secretary of Commerce and, in the case of a determination with respect to an agricultural commodity, the Secretary of Agriculture, of the determination. “(f) Industry Notification of Assistance.— Upon receiving a notification of a determination under subsection (c), (d), or (e) with respect to a domestic industry— “(1) the Secretary of Labor shall— “(A) notify the representatives of the domestic industry affected by the determination, firms publicly identified by name during the course of the proceeding relating to the determination, and any certified or recognized union or, to the extent practicable, other duly authorized representative of workers employed by such representatives of the domestic industry, of— “(i) the allowances, training, employment services, and other benefits available under this chapter; “(ii) the manner in which to file a petition and apply for such benefits; and “(iii) the availability of assistance in filing such petitions; “(B) notify the Governor of each State in which one or more firms in the industry described in subparagraph (A) are located of the Commission’s determination and the identity of the firms; and “(C) upon request, provide any assistance that is necessary to file a petition under section 221; “(2) the Secretary of Commerce shall— “(A) notify the representatives of the domestic industry affected by the determination and any firms publicly identified by name during the course of the proceeding relating to the determination of— “(i) the benefits available under chapter 3; “(ii) the manner in which to file a petition and apply for such benefits; and “(iii) the availability of assistance in filing such petitions; and “(B) upon request, provide any assistance that is necessary to file a petition under section 251; and “(3) in the case of an affirmative determination based upon imports of an agricultural commodity, the Secretary of Agriculture shall— “(A) notify representatives of the domestic industry affected by the determination and any agricultural commodity producers publicly identified by name during the course of the proceeding relating to the determination of— “(i) the benefits available under chapter 6; “(ii) the manner in which to file a petition and apply for such benefits; and “(iii) the availability of assistance in filing such petitions; and “(B) upon request, provide any assistance that is necessary to file a petition under section 292. “(g) Representatives of the Domestic Industry.— For purposes of subsection (f), the term ‘representatives of the domestic industry’ means the persons that petitioned for relief in connection with— “(1) a proceeding under section 202 or 421 of this Act; “(2) a proceeding under section 702(b) or 732(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)); or “(3) any safeguard investigation described in subsection (d)(2) or (d)(3).” .

    Effective date note
    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 beginning 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 applicable 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 Codification note above.

  6. Trade and Globalization Adjustment Assistance Act of 2009

    Pub. L. 111–5 div. B title I § 1811(a) · 123 Stat. 115

    Inserted · 19 U.S.C. § 2274(a)

    Pub. L. 111–5, §§ 1811(a)(2), 1893, temporarily inserted heading. See Codification note above and Effective and Termination Dates of 2009 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 111–5, §§ 1811(a)(2), 1893, temporarily inserted heading. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

    Enacted provision · exact public law section
    (a) In General.— Section 224 of the Trade Act of 1974 (19 U.S.C. 2274) is amended— (1) by amending the heading to read as follows: “SEC. 224. STUDY AND NOTIFICATIONS REGARDING CERTAIN AFFIRMATIVE DETERMINATIONS; INDUSTRY NOTIFICATION OF ASSISTANCE.” ; (2) in subsection (a), by striking “Whenever” and inserting “Study of Domestic Industry.—Whenever”; (3) in subsection (b)— (A) by striking “The report” and inserting “Report by the Secretary.—The report”; and (B) by inserting “and on the website of the Department of Labor” after “Federal Register”; and (4) by adding at the end the following: “(c) Notifications Following Affirmative Global Safeguard Determinations.— Upon making an affirmative determination under section 202(b)(1), the Commission shall promptly notify the Secretary of Labor and the Secretary of Commerce and, in the case of a determination with respect to an agricultural commodity, the Secretary of Agriculture, of the determination. “(d) Notifications Following Affirmative Bilateral or Plurilateral Safeguard Determinations.— “(1) Notifications of determinations of market disruption.— Upon making an affirmative determination under section 421(b)(1), the Commission shall promptly notify the Secretary of Labor and the Secretary of Commerce and, in the case of a determination with respect to an agricultural commodity, the Secretary of Agriculture, of the determination. “(2) Notifications regarding trade agreement safeguards.— Upon making an affirmative determination in a proceeding initiated under an applicable safeguard provision (other than a provision described in paragraph (3)) that is enacted to implement a trade agreement to which the United States is a party, the Commission shall promptly notify the Secretary of Labor and the Secretary of Commerce and, in the case of a determination with respect to an agricultural commodity, the Secretary of Agriculture, of the determination. “(3) Notifications regarding textile and apparel safeguards.— Upon making an affirmative determination in a proceeding initiated under any safeguard provision relating to textile and apparel articles that is enacted to implement a trade agreement to which the United States is a party, the President shall promptly notify the Secretary of Labor and the Secretary of Commerce of the determination. “(e) Notifications Following Certain Affirmative Determinations Under Title Vii of the Tariff Act of 1930.— Upon making an affirmative determination under section 705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of 1930 (19 U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A)), the Commission shall promptly notify the Secretary of Labor and the Secretary of Commerce and, in the case of a determination with respect to an agricultural commodity, the Secretary of Agriculture, of the determination. “(f) Industry Notification of Assistance.— Upon receiving a notification of a determination under subsection (c), (d), or (e) with respect to a domestic industry— “(1) the Secretary of Labor shall— “(A) notify the representatives of the domestic industry affected by the determination, firms publicly identified by name during the course of the proceeding relating to the determination, and any certified or recognized union or, to the extent practicable, other duly authorized representative of workers employed by such representatives of the domestic industry, of— “(i) the allowances, training, employment services, and other benefits available under this chapter; “(ii) the manner in which to file a petition and apply for such benefits; and “(iii) the availability of assistance in filing such petitions; “(B) notify the Governor of each State in which one or more firms in the industry described in subparagraph (A) are located of the Commission’s determination and the identity of the firms; and “(C) upon request, provide any assistance that is necessary to file a petition under section 221; “(2) the Secretary of Commerce shall— “(A) notify the representatives of the domestic industry affected by the determination and any firms publicly identified by name during the course of the proceeding relating to the determination of— “(i) the benefits available under chapter 3; “(ii) the manner in which to file a petition and apply for such benefits; and “(iii) the availability of assistance in filing such petitions; and “(B) upon request, provide any assistance that is necessary to file a petition under section 251; and “(3) in the case of an affirmative determination based upon imports of an agricultural commodity, the Secretary of Agriculture shall— “(A) notify representatives of the domestic industry affected by the determination and any agricultural commodity producers publicly identified by name during the course of the proceeding relating to the determination of— “(i) the benefits available under chapter 6; “(ii) the manner in which to file a petition and apply for such benefits; and “(iii) the availability of assistance in filing such petitions; and “(B) upon request, provide any assistance that is necessary to file a petition under section 292. “(g) Representatives of the Domestic Industry.— For purposes of subsection (f), the term ‘representatives of the domestic industry’ means the persons that petitioned for relief in connection with— “(1) a proceeding under section 202 or 421 of this Act; “(2) a proceeding under section 702(b) or 732(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)); or “(3) any safeguard investigation described in subsection (d)(2) or (d)(3).” .

    Effective date note
    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 beginning 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 applicable 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 Codification note above.

  7. Trade and Globalization Adjustment Assistance Act of 2009

    Pub. L. 111–5 div. B title I § 1811(a) · 123 Stat. 115

    Inserted · 19 U.S.C. § 2274(b)

    Pub. L. 111–5, §§ 1811(a)(3), 1893, temporarily inserted heading and “and on the website of the Department of Labor” after “Federal Register” in text. See Codification note above and Effective and Termination Dates of 2009 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 111–5, §§ 1811(a)(3), 1893, temporarily inserted heading and “and on the website of the Department of Labor” after “Federal Register” in text. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

    Enacted provision · exact public law section
    (a) In General.— Section 224 of the Trade Act of 1974 (19 U.S.C. 2274) is amended— (1) by amending the heading to read as follows: “SEC. 224. STUDY AND NOTIFICATIONS REGARDING CERTAIN AFFIRMATIVE DETERMINATIONS; INDUSTRY NOTIFICATION OF ASSISTANCE.” ; (2) in subsection (a), by striking “Whenever” and inserting “Study of Domestic Industry.—Whenever”; (3) in subsection (b)— (A) by striking “The report” and inserting “Report by the Secretary.—The report”; and (B) by inserting “and on the website of the Department of Labor” after “Federal Register”; and (4) by adding at the end the following: “(c) Notifications Following Affirmative Global Safeguard Determinations.— Upon making an affirmative determination under section 202(b)(1), the Commission shall promptly notify the Secretary of Labor and the Secretary of Commerce and, in the case of a determination with respect to an agricultural commodity, the Secretary of Agriculture, of the determination. “(d) Notifications Following Affirmative Bilateral or Plurilateral Safeguard Determinations.— “(1) Notifications of determinations of market disruption.— Upon making an affirmative determination under section 421(b)(1), the Commission shall promptly notify the Secretary of Labor and the Secretary of Commerce and, in the case of a determination with respect to an agricultural commodity, the Secretary of Agriculture, of the determination. “(2) Notifications regarding trade agreement safeguards.— Upon making an affirmative determination in a proceeding initiated under an applicable safeguard provision (other than a provision described in paragraph (3)) that is enacted to implement a trade agreement to which the United States is a party, the Commission shall promptly notify the Secretary of Labor and the Secretary of Commerce and, in the case of a determination with respect to an agricultural commodity, the Secretary of Agriculture, of the determination. “(3) Notifications regarding textile and apparel safeguards.— Upon making an affirmative determination in a proceeding initiated under any safeguard provision relating to textile and apparel articles that is enacted to implement a trade agreement to which the United States is a party, the President shall promptly notify the Secretary of Labor and the Secretary of Commerce of the determination. “(e) Notifications Following Certain Affirmative Determinations Under Title Vii of the Tariff Act of 1930.— Upon making an affirmative determination under section 705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of 1930 (19 U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A)), the Commission shall promptly notify the Secretary of Labor and the Secretary of Commerce and, in the case of a determination with respect to an agricultural commodity, the Secretary of Agriculture, of the determination. “(f) Industry Notification of Assistance.— Upon receiving a notification of a determination under subsection (c), (d), or (e) with respect to a domestic industry— “(1) the Secretary of Labor shall— “(A) notify the representatives of the domestic industry affected by the determination, firms publicly identified by name during the course of the proceeding relating to the determination, and any certified or recognized union or, to the extent practicable, other duly authorized representative of workers employed by such representatives of the domestic industry, of— “(i) the allowances, training, employment services, and other benefits available under this chapter; “(ii) the manner in which to file a petition and apply for such benefits; and “(iii) the availability of assistance in filing such petitions; “(B) notify the Governor of each State in which one or more firms in the industry described in subparagraph (A) are located of the Commission’s determination and the identity of the firms; and “(C) upon request, provide any assistance that is necessary to file a petition under section 221; “(2) the Secretary of Commerce shall— “(A) notify the representatives of the domestic industry affected by the determination and any firms publicly identified by name during the course of the proceeding relating to the determination of— “(i) the benefits available under chapter 3; “(ii) the manner in which to file a petition and apply for such benefits; and “(iii) the availability of assistance in filing such petitions; and “(B) upon request, provide any assistance that is necessary to file a petition under section 251; and “(3) in the case of an affirmative determination based upon imports of an agricultural commodity, the Secretary of Agriculture shall— “(A) notify representatives of the domestic industry affected by the determination and any agricultural commodity producers publicly identified by name during the course of the proceeding relating to the determination of— “(i) the benefits available under chapter 6; “(ii) the manner in which to file a petition and apply for such benefits; and “(iii) the availability of assistance in filing such petitions; and “(B) upon request, provide any assistance that is necessary to file a petition under section 292. “(g) Representatives of the Domestic Industry.— For purposes of subsection (f), the term ‘representatives of the domestic industry’ means the persons that petitioned for relief in connection with— “(1) a proceeding under section 202 or 421 of this Act; “(2) a proceeding under section 702(b) or 732(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)); or “(3) any safeguard investigation described in subsection (d)(2) or (d)(3).” .

    Effective date note
    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 beginning 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 applicable 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 Codification note above.

  8. Trade and Globalization Adjustment Assistance Act of 2009

    Pub. L. 111–5 div. B title I § 1811(a) · 123 Stat. 115

    Added · 19 U.S.C. § 2274(c)(g)

    Pub. L. 111–5, §§ 1811(a)(4), 1893, temporarily added subsecs. (c) to (g). See Codification note above and Effective and Termination Dates of 2009 Amendment note below

    Source evidence

    Code amendment note
    Subsecs. (c) to (g). Pub. L. 111–5, §§ 1811(a)(4), 1893, temporarily added subsecs. (c) to (g). See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

    Enacted provision · exact public law section
    (a) In General.— Section 224 of the Trade Act of 1974 (19 U.S.C. 2274) is amended— (1) by amending the heading to read as follows: “SEC. 224. STUDY AND NOTIFICATIONS REGARDING CERTAIN AFFIRMATIVE DETERMINATIONS; INDUSTRY NOTIFICATION OF ASSISTANCE.” ; (2) in subsection (a), by striking “Whenever” and inserting “Study of Domestic Industry.—Whenever”; (3) in subsection (b)— (A) by striking “The report” and inserting “Report by the Secretary.—The report”; and (B) by inserting “and on the website of the Department of Labor” after “Federal Register”; and (4) by adding at the end the following: “(c) Notifications Following Affirmative Global Safeguard Determinations.— Upon making an affirmative determination under section 202(b)(1), the Commission shall promptly notify the Secretary of Labor and the Secretary of Commerce and, in the case of a determination with respect to an agricultural commodity, the Secretary of Agriculture, of the determination. “(d) Notifications Following Affirmative Bilateral or Plurilateral Safeguard Determinations.— “(1) Notifications of determinations of market disruption.— Upon making an affirmative determination under section 421(b)(1), the Commission shall promptly notify the Secretary of Labor and the Secretary of Commerce and, in the case of a determination with respect to an agricultural commodity, the Secretary of Agriculture, of the determination. “(2) Notifications regarding trade agreement safeguards.— Upon making an affirmative determination in a proceeding initiated under an applicable safeguard provision (other than a provision described in paragraph (3)) that is enacted to implement a trade agreement to which the United States is a party, the Commission shall promptly notify the Secretary of Labor and the Secretary of Commerce and, in the case of a determination with respect to an agricultural commodity, the Secretary of Agriculture, of the determination. “(3) Notifications regarding textile and apparel safeguards.— Upon making an affirmative determination in a proceeding initiated under any safeguard provision relating to textile and apparel articles that is enacted to implement a trade agreement to which the United States is a party, the President shall promptly notify the Secretary of Labor and the Secretary of Commerce of the determination. “(e) Notifications Following Certain Affirmative Determinations Under Title Vii of the Tariff Act of 1930.— Upon making an affirmative determination under section 705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of 1930 (19 U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A)), the Commission shall promptly notify the Secretary of Labor and the Secretary of Commerce and, in the case of a determination with respect to an agricultural commodity, the Secretary of Agriculture, of the determination. “(f) Industry Notification of Assistance.— Upon receiving a notification of a determination under subsection (c), (d), or (e) with respect to a domestic industry— “(1) the Secretary of Labor shall— “(A) notify the representatives of the domestic industry affected by the determination, firms publicly identified by name during the course of the proceeding relating to the determination, and any certified or recognized union or, to the extent practicable, other duly authorized representative of workers employed by such representatives of the domestic industry, of— “(i) the allowances, training, employment services, and other benefits available under this chapter; “(ii) the manner in which to file a petition and apply for such benefits; and “(iii) the availability of assistance in filing such petitions; “(B) notify the Governor of each State in which one or more firms in the industry described in subparagraph (A) are located of the Commission’s determination and the identity of the firms; and “(C) upon request, provide any assistance that is necessary to file a petition under section 221; “(2) the Secretary of Commerce shall— “(A) notify the representatives of the domestic industry affected by the determination and any firms publicly identified by name during the course of the proceeding relating to the determination of— “(i) the benefits available under chapter 3; “(ii) the manner in which to file a petition and apply for such benefits; and “(iii) the availability of assistance in filing such petitions; and “(B) upon request, provide any assistance that is necessary to file a petition under section 251; and “(3) in the case of an affirmative determination based upon imports of an agricultural commodity, the Secretary of Agriculture shall— “(A) notify representatives of the domestic industry affected by the determination and any agricultural commodity producers publicly identified by name during the course of the proceeding relating to the determination of— “(i) the benefits available under chapter 6; “(ii) the manner in which to file a petition and apply for such benefits; and “(iii) the availability of assistance in filing such petitions; and “(B) upon request, provide any assistance that is necessary to file a petition under section 292. “(g) Representatives of the Domestic Industry.— For purposes of subsection (f), the term ‘representatives of the domestic industry’ means the persons that petitioned for relief in connection with— “(1) a proceeding under section 202 or 421 of this Act; “(2) a proceeding under section 702(b) or 732(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)); or “(3) any safeguard investigation described in subsection (d)(2) or (d)(3).” .

    Effective date note
    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 beginning 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 applicable 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 Codification note above.

  9. Trade Adjustment Assistance Extension Act of 2011

    Pub. L. 112–40 title II § 201(b) · 125 Stat. 403

    Changed · 19 U.S.C. § 2274

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

    Source evidence

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

    Enacted provision · exact public law section
    (b) Applicability of Certain Provisions.— Except as otherwise provided in this subtitle, the provisions of chapters 2 through 6 of title II of the Trade Act of 1974, 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; and (2) apply to petitions for certification filed under chapter 2, 3, or 6 of title II of the Trade Act of 1974 on or after such date of enactment.

    Effective date note
    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 beginning 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 applicable 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 Codification note above.

  10. Trade Adjustment Assistance Reauthorization Act of 2015

    Pub. L. 114–27 title IV § 402(b) · 129 Stat. 362

    Changed · 19 U.S.C. § 2274

    Pub. L. 114–27, §§ 402(b), (c), 406, temporarily revived the provisions of this section, as in effect on Dec. 31, 2013. See Codification note above and 2011 Amendment and Effective and Termination Dates of 2015 Revival notes below

    Source evidence

    Code amendment note
    Pub. L. 114–27, §§ 402(b), (c), 406, temporarily revived the provisions of this section, as in effect on Dec. 31, 2013. See Codification note above and 2011 Amendment and Effective and Termination Dates of 2015 Revival notes below.

    Enacted provision · exact public law section
    (b) Applicability of Certain Provisions.— Except as otherwise provided in this title, the provisions of chapters 2 through 6 of title II of the Trade Act of 1974, as in effect on December 31, 2013, and as amended by this title, shall— (1) Effective date. take effect on the date of the enactment of this Act; and (2) apply to petitions for certification filed under chapter 2, 3, or 6 of title II of the Trade Act of 1974 on or after such date of enactment.

10 of 10 references resolved to an enrolled provision

Notes

Termination of Assistance

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

Editorial Notes

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. 112–40, which provided for the , revival of this section as in effect on , was repealed by Pub. L. 114–27, title IV, § 402(a), , 129 Stat. 374, and the provisions of this section, as in effect on , were temporarily revived, effective , until , 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 , termination of amendment by Pub. L. 111–5, was repealed by Pub. L. 112–40, title II, § 201(a), , 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 111–5 and as in effect on , were temporarily revived, effective , until , by Pub. L. 112–40, §§ 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.

Amendments1981–2015 · 5 rounds

2015

Pub. L. 114–27, §§ 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.

2011

Pub. L. 112–40, §§ 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.

2009

Pub. L. 111–5, §§ 1811(a)(1), 1893, temporarily substituted “Study and notifications regarding certain affirmative determinations; industry notification of assistance” for “Study by Secretary of Labor when International Trade Commission begins investigation” in section catchline. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Subsec. (a). Pub. L. 111–5, §§ 1811(a)(2), 1893, temporarily inserted heading. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Subsec. (b). Pub. L. 111–5, §§ 1811(a)(3), 1893, temporarily inserted heading and “and on the website of the Department of Labor” after “Federal Register” in text. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

Subsecs. (c) to (g). Pub. L. 111–5, §§ 1811(a)(4), 1893, temporarily added subsecs. (c) to (g). See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

1988

Subsec. (a). Pub. L. 100–418 substituted “section 2252” for “section 2251”.

Subsec. (b). Pub. L. 100–418 substituted “section 2252(f)” for “section 2251”.

1981

Subsec. (c). Pub. L. 97–35 struck out subsec. (c) which related to availability of information to workers.

Statutory Notes and Related Subsidiaries

Effective and Termination Dates of 2015 Revival

For revival and applicability, beginning on , of the provisions of this section as in effect on , 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 , to the provisions of this section as in effect on , 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 , of the provisions of this section as in effect on , 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 , of the provisions of this section to those in effect on , subject to certain exceptions, was repealed by Pub. L. 114–27, title IV, § 402(a), , 129 Stat. 374, effective . 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 beginning on , 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 applicable on or after , and that this section be applied and administered beginning , as if amendment by Pub. L. 111–5 had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), , 125 Stat. 403, effective . See Codification note above.

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–418 effective , and applicable with respect to investigations initiated under part 1 (§ 2251 et seq.) of this subchapter on or after that date, see section 1401(c) of Pub. L. 100–418, set out as a note under section 2251 of this title.

Effective Date of 1981 Amendment and Transition Provisions

Amendment by Pub. L. 97–35 effective , 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, allowances, or other payments or benefits may be provided under this part after , 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.

Credits

1975–2015 · 6 acts
  1. 1975Pub. L. 93–618, title II, § 224, , 88 Stat. 2020
  2. 1981Pub. L. 97–35, title XXV, § 2513(a), , 95 Stat. 889
  3. 1988Pub. L. 100–418, title I, § 1401(b)(1)(B), , 102 Stat. 1239
  4. 2009Pub. L. 111–5, div. B, title I, § 1811(a), , 123 Stat. 373
  5. 2011Pub. L. 112–40, title II, § 201(b), (c), , 125 Stat. 403
  6. 2015Pub. L. 114–27, title IV, § 402(b), (c), , 129 Stat. 374.
Show as published

(Pub. L. 93–618, title II, § 224, , 88 Stat. 2020; Pub. L. 97–35, title XXV, § 2513(a), , 95 Stat. 889; Pub. L. 100–418, title I, § 1401(b)(1)(B), , 102 Stat. 1239; Pub. L. 111–5, div. B, title I, § 1811(a), , 123 Stat. 373; Pub. L. 112–40, title II, § 201(b), (c), , 125 Stat. 403; Pub. L. 114–27, title IV, § 402(b), (c), , 129 Stat. 374.)

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