19 U.S.C. § 2271: Petitions

The group of workers (including workers in an agricultural firm or subdivision of any agricultural firm). The certified or recognized union or other duly authorized representative of such workers. Employers of such workers, one-stop operators or one-stop partners (as defined in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 )), 1 including State employment security agencies, or the State dislocated worker unit established under title I of such Act, 1 See References in Text note below. 1 on behalf of such workers. ensure that rapid response assistance and appropriate core and intensive services (as described in section 134 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2864 )) 1 authorized under other Federal laws are made available to the workers covered by the petition to the extent authorized under such laws; and assist the Secretary in the review of the petition by verifying such information and providing such other assistance as the Secretary may request. Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register that the Secretary has received the petition and initiated an investigation. 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. 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 petitions for certification filed under chapter 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 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. 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 effective date; and would otherwise be eligible to receive trade adjustment assistance benefits under such chapter as in effect on the day before such effective date; is certified as eligible for benefits under such section 246 pursuant to a petition filed under section 221 of the Trade Act of 1974 on or before such effective date; and would otherwise be eligible to receive benefits under such section 246(a)(2) as in effect on the day before such effective date; and 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 before such effective date; and would otherwise be eligible to receive benefits under such chapter 3 as in effect on the day before such effective date.” 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 petition described in clause (iii), the Secretary shall make that determination based on the requirements of section 222 of the Trade Act of 1974, as in effect on such date of enactment. reconsider that determination; and if the group of workers meets the requirements of section 222 of the Trade Act of 1974, as in effect on such date of enactment, certify the group of workers as eligible to apply for adjustment assistance. A petition described in this clause is a petition for a certification of eligibility for a group of workers filed under section 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. Except as provided in clause (ii), a worker certified as eligible 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 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 provisions of chapter 2 of title II of the Trade Act of 1974 [this part], as in effect on such date of enactment. Benefits 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 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. 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 ] on or before 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 December 31, 2013 . 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 substituting ‘before January 1, 2014 ’ 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 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. 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 determination based on the requirements of section 251 of the Trade Act of 1974, as in effect on such date of enactment. reconsider that determination; and if the firm meets the requirements of section 251 of the Trade Act of 1974, as in effect on such date of enactment, certify the firm as eligible to apply for adjustment assistance. 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 ]. 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. the firm or its representative had filed a petition for a certification of eligibility under section 251 of the Trade Act of 1974 on a date during the period beginning on January 1, 2014 , and ending on the day before the date of the enactment of this Act; and 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 effect on that date during the period described in clause (i).” 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 petition described in clause (iii), the Secretary shall make that determination based on the requirements of section 222 of the Trade Act of 1974, as in effect on such date of enactment. reconsider that determination; and if the group of workers meets the requirements of section 222 of the Trade Act of 1974, as in effect on such date of enactment, certify the group of workers as eligible to apply for adjustment assistance. A petition described in this clause is a petition for a certification of eligibility for a group of workers filed under section 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. Except as provided in clause (ii), a worker certified as eligible 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 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 provisions of chapter 2 of title II of the Trade Act of 1974 [this part], as in effect on such date of enactment. the provisions of chapter 2 of title II of the Trade Act of 1974, as in effect on such date of enactment; or the provisions of chapter 2 of title II of the Trade Act of 1974, as in effect on February 13, 2011 . A worker described in subclause (I) who does not make the election described in that subclause 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 . Benefits received by a worker described in subclause (I) under chapter 2 of title II of the Trade Act of 1974, as in effect on February 13, 2011 , before the worker makes the election described in that subclause shall be included in any determination 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 election of the worker under subclause (I). 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 before May 18, 2009 , 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 May 17, 2009 . 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 administered 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. 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 determination based on the requirements of section 251 of the Trade Act of 1974, as in effect on such date of enactment. reconsider that determination; and if the firm meets the requirements of section 251 of the Trade Act of 1974, as in effect on such date of enactment, certify the firm as eligible to apply for adjustment assistance. 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 ]. 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. the firm or its representative had filed a petition for a certification of eligibility under section 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 enactment of this Act; and 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 effect on that date during the period described in clause (i).” is a fisherman or aquaculture producer, and is otherwise eligible for adjustment assistance under chapter 2 or 6, as the case may be, 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. It is the sense of Congress that the Secretary of Labor, working independently and in conjunction with the States, should, in accordance 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 information on all other Federal assistance available to such workers.”