19 USC 2273 - Determinations by Secretary of Labor

Collapse to view only § 2273. Determinations by Secretary of Labor

§ 2271. Petitions
§ 2272. Group eligibility requirements
§ 2273. Determinations by Secretary of Labor
§ 2274. Study by Secretary of Labor when International Trade Commission begins investigation
§ 2275. Benefit information to workers

§ 2271. Petitions

(a) Filing of petitions; assistance; publication of notice

(1) A petition for certification of eligibility to apply for adjustment assistance for a group of workers under this part may be filed simultaneously with the Secretary and with the Governor of the State in which such workers’ firm or subdivision is located by any of the following:

(A) The group of workers (including workers in an agricultural firm or subdivision of any agricultural firm).

(B) The certified or recognized union or other duly authorized representative of such workers.

(C) 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

1 See References in Text note below.

including State employment security agencies, or the State dislocated worker unit established under title I of such Act,1 on behalf of such workers.

(2) Upon receipt of a petition filed under paragraph (1), the Governor shall—

(A) 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

(B) assist the Secretary in the review of the petition by verifying such information and providing such other assistance as the Secretary may request.

(3) 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.

(b) Hearing

(Pub. L. 93–618, title II, § 221, Jan. 3, 1975, 88 Stat. 2019; Pub. L. 99–272, title XIII, § 13002(a), Apr. 7, 1986, 100 Stat. 300; Pub. L. 103–182, title V, § 503(a), Dec. 8, 1993, 107 Stat. 2151; Pub. L. 107–210, div. A, title I, § 112(a), Aug. 6, 2002, 116 Stat. 937; Pub. L. 108–429, title II, § 2004(a)(4), Dec. 3, 2004, 118 Stat. 2590; Pub. L. 111–5, div. B, title I, § 1801(e)(1), Feb. 17, 2009, 123 Stat. 370; Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; Pub. L. 113–128, title V, § 512(hh)(1), July 22, 2014, 128 Stat. 1720; Pub. L. 114–27, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)

§ 2272. Group eligibility requirements

(a) In generalA group of workers (including workers in any agricultural firm or subdivision of an agricultural firm) shall be certified by the Secretary as eligible to apply for adjustment assistance under this part pursuant to a petition filed under section 2271 of this title if the Secretary determines that—

(1) 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; and

(2)

(A)

(i) the sales or production, or both, of such firm or subdivision have decreased absolutely;

(ii) imports of articles like or directly competitive with articles produced by such firm or subdivision have increased; and

(iii) the increase in imports described in clause (ii) contributed importantly to such workers’ separation or threat of separation and to the decline in the sales or production of such firm or subdivision; or

(B)

(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 [19 U.S.C. 3201 et seq.], African Growth and Opportunity Act [19 U.S.C. 3701 et seq.], or the Caribbean Basin Economic Recovery Act [19 U.S.C. 2701 et seq.]; 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.

(b) Adversely affected secondary workersA group of workers (including workers in any agricultural firm or subdivision of an agricultural firm) shall be certified by the Secretary as eligible to apply for trade adjustment assistance benefits under this part pursuant to a petition filed under section 2271 of this title if the Secretary determines that—

(1) a significant number or proportion of the workers in the 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) the workers’ firm (or subdivision) is a supplier or downstream producer to a firm (or subdivision) that employed a group of workers who received a certification of eligibility under subsection (a), and such supply or production is related to the article that was the basis for such certification (as defined in subsection (c)(3) and (4)); and

(3) either—

(A) the workers’ firm is a supplier and the component parts it supplied to the firm (or subdivision) described in paragraph (2) accounted for at least 20 percent of the production or sales of the workers’ firm; or

(B) a loss of business by the workers’ firm with the firm (or subdivision) described in paragraph (2) contributed importantly to the workers’ separation or threat of separation determined under paragraph (1).

(1) The term “contributed importantly” means a cause which is important but not necessarily more important than any other cause.

(2)

(A) Any firm, or appropriate subdivision of a firm, that engages in exploration or drilling for oil or natural gas shall be considered to be a firm producing oil or natural gas.

(B) Any firm, or appropriate subdivision of a firm, that engages in exploration or drilling for oil or natural gas, or otherwise produces oil or natural gas, shall be considered to be producing articles directly competitive with imports of oil and with imports of natural gas.

(3)Downstream producer.—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 a group of workers employed by such other firm, if the certification of eligibility under subsection (a) is based on an increase in imports from, or a shift in production to, Canada or Mexico.

(4)Supplier.—The term “supplier” means a firm that produces and supplies directly to another firm (or subdivision) component parts for articles that were the basis for a certification of eligibility under subsection (a) of a group of workers employed by such other firm.

(Pub. L. 93–618, title II, § 222, Jan. 3, 1975, 88 Stat. 2019; Pub. L. 97–35, title XXV, § 2501, Aug. 13, 1981, 95 Stat. 881; Pub. L. 98–120, § 3(a), Oct. 12, 1983, 97 Stat. 809; Pub. L. 99–272, title XIII, § 13002(a), Apr. 7, 1986, 100 Stat. 300; Pub. L. 100–418, title I, § 1421(a)(1)(A), (b)(1), Aug. 23, 1988, 102 Stat. 1242, 1243; Pub. L. 103–182, title V, § 503(a), Dec. 8, 1993, 107 Stat. 2151; Pub. L. 107–210, div. A, title I, § 113, Aug. 6, 2002, 116 Stat. 937; Pub. L. 108–429, title II, § 2004(a)(5), Dec. 3, 2004, 118 Stat. 2590; Pub. L. 111–5, div. B, title I, §§ 1801(b), (c), (e)(2), 1802, Feb. 17, 2009, 123 Stat. 367, 368, 370, 371; Pub. L. 112–40, title II, §§ 201(b), (c), 211(a), Oct. 21, 2011, 125 Stat. 403; Pub. L. 113–128, title V, § 512(hh)(2), July 22, 2014, 128 Stat. 1720; Pub. L. 114–27, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)

§ 2273. Determinations by Secretary of Labor

(a) Certification of eligibility

(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 subdivision of the firm before his application under section 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.

(d) Termination of certification

(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.)

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

(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

(Pub. L. 93–618, title II, § 224, Jan. 3, 1975, 88 Stat. 2020; Pub. L. 97–35, title XXV, § 2513(a), Aug. 13, 1981, 95 Stat. 889; Pub. L. 100–418, title I, § 1401(b)(1)(B), Aug. 23, 1988, 102 Stat. 1239; Pub. L. 111–5, div. B, title I, § 1811(a), Feb. 17, 2009, 123 Stat. 373; 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.)

§ 2275. Benefit information to workers

(a) The Secretary shall provide full information to workers about the benefit allowances, training, and other employment services available under this part and about the petition and application procedures, and the appropriate filing dates, for such allowances, training and services. The Secretary shall provide whatever assistance is necessary to enable groups of workers to prepare petitions or applications for program benefits. The Secretary shall make every effort to insure that cooperating State agencies fully comply with the agreements entered into under section 2311(a) of this title and shall periodically review such compliance. The Secretary shall inform the State Board for Vocational Education or equivalent agency and other public or private agencies, institutions, and employers, as appropriate, of each certification issued under section 2273 of this title and of projections, if available, of the needs for training under section 2296 of this title as a result of such certification.

(b)

(1) The Secretary shall provide written notice through the mail of the benefits available under this part to each worker whom the Secretary has reason to believe is covered by a certification made under this subpart—

(A) at the time such certification is made, if the worker was partially or totally separated from the adversely affected employment before such certification, or

(B) at the time of the total or partial separation of the worker from the adversely affected employment, if subparagraph (A) does not apply.

(2) The Secretary shall publish notice of the benefits available under this part to workers covered by each certification made under this subpart in newspapers of general circulation in the areas in which such workers reside.

(Pub. L. 93–618, title II, § 225, as added Pub. L. 97–35, title XXV, § 2502, Aug. 13, 1981, 95 Stat. 881; amended Pub. L. 100–418, title I, § 1422, Aug. 23, 1988, 102 Stat. 1244; Pub. L. 103–182, title V, § 503(b), Dec. 8, 1993, 107 Stat. 2151; Pub. L. 107–210, div. A, title I, § 123(b)(1), Aug. 6, 2002, 116 Stat. 944; Pub. L. 111–5, div. B, title I, § 1812, Feb. 17, 2009, 123 Stat. 375; 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.)