subpart d—nafta transitional adjustment assistance program
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 2015 Revival
Pub. L. 114–27, title IV, §402(b), (c), June 29, 2015, 129 Stat. 374, provided that:
"(b)
"(1) take effect on the date of the enactment of this Act [June 29, 2015]; and
"(2) apply to 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 such date of enactment.
"(c)
Pub. L. 114–27, title IV, §406, June 29, 2015, 129 Stat. 379, provided that:
"(a)
"(1) paragraph (1) of section 231(c) of that Act [19 U.S.C. 2291(c)(1)] shall be applied and administered as if subparagraphs (A), (B), and (C) of that paragraph were not in effect;
"(2) section 233 of that Act [19 U.S.C. 2293] shall be applied and administered—
"(A) in subsection (a)—
"(i) in paragraph (2), by substituting '104-week period' for '104-week period' and all that follows through '130-week period)'; and
"(ii) in paragraph (3)—
"(I) in the matter preceding subparagraph (A), by substituting '65' for '52'; and
"(II) by substituting '78-week period' for '52-week period' each place it appears; and
"(B) by applying and administering subsection (g) as if it read as follows:
" '(g)
" '(1) payment of the trade readjustment allowance for not more than 13 weeks is necessary for the worker to complete the training;
" '(2) the worker participates in training in each such week; and
" '(3) the worker—
" '(A) has substantially met the performance benchmarks established as part of the training approved for the worker;
" '(B) is expected to continue to make progress toward the completion of the training; and
" '(C) will complete the training during that period of eligibility.';
"(3) section 245(a) of that Act [19 U.S.C. 2317(a)] shall be applied and administered by substituting 'June 30, 2022' for 'December 31, 2007';
"(4) section 246(b)(1) of that Act [19 U.S.C. 2318(b)(1)] shall be applied and administered by substituting 'June 30, 2022' for 'the date that is 5 years' and all that follows through 'State';
"(5) section 256(b) of that Act [19 U.S.C. 2346(b)] shall be applied and administered by substituting 'the 1-year period beginning on July 1, 2021' for 'each of fiscal years 2003 through 2007, and $4,000,000 for the 3-month period beginning on October 1, 2007';
"(6) section 298(a) of that Act [19 U.S.C. 2401g(a)] shall be applied and administered by substituting 'the 1-year period beginning on July 1, 2021' for 'each of the fiscal years' and all that follows through 'October 1, 2007'; and
"(7) section 285 of that Act [Pub. L. 93–618, set out as a Termination Date note below] shall be applied and administered—
"(A) in subsection (a), by substituting 'June 30, 2022' for 'December 31, 2007' each place it appears; and
"(B) by applying and administering subsection (b) as if it read as follows:
" '(b)
" '(1)
" '(A)
" '(B)
" '(i) to the extent funds are available pursuant to such chapter for such purpose; and
" '(ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance.
" '(2)
" '(A)
" '(B)
" '(i) to the extent funds are available pursuant to such chapter for such purpose; and
" '(ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance.'.
"(b)
"(1) workers certified as eligible for trade adjustment assistance benefits under chapter 2 of title II of that Act pursuant to petitions filed under section 221 of that Act [19 U.S.C. 2271] before July 1, 2021;
"(2) firms certified as eligible for technical assistance or grants under chapter 3 of title II of that Act pursuant to petitions filed under section 251 of that Act [19 U.S.C. 2341] before July 1, 2021; and
"(3) agricultural commodity producers certified as eligible for technical or financial assistance under chapter 6 of title II of that Act pursuant to petitions filed under section 292 of that Act [19 U.S.C. 2401a] before July 1, 2021."
Applicability of Provisions During Calendar Year 2015
Pub. L. 113–235, div. B, title V, §541, Dec. 16, 2014, 128 Stat. 2217, provided that:
"(a)
"(b)
" '(1)
" '(A)
" '(B)
" '(i) to the extent funds are available pursuant to such chapter for such purpose; and
" '(ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance.'."
[Pub. L. 114–27, title IV, §§402(b), (c), 403(a), June 29, 2015, 129 Stat. 374, provided that section 285 of Pub. L. 93–618, as in effect on Dec. 31, 2013, took effect on June 29, 2015, and was amended by substituting "June 30, 2021" for "December 31, 2013" wherever appearing.]
Effective and Termination Dates of 2011 Revival
Pub. L. 112–40, title II, §201(b), (c), Oct. 21, 2011, 125 Stat. 403, provided that:
"(b)
"(1) take effect on the date of the enactment of this Act [Oct. 21, 2011]; and
"(2) apply to 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 such date of enactment.
"(c)
Pub. L. 112–40, title II, §233, Oct. 21, 2011, 125 Stat. 416, which provided that, beginning on Jan. 1, 2014, the provisions of this part, parts 3, 5, and 6 of this subchapter, and section 285 of Pub. L. 93–618, set out below, as in effect on Feb. 13, 2011, would apply, subject to certain exceptions, was repealed by Pub. L. 114–27, title IV, §402(a), June 29, 2015, 129 Stat. 374.
Effective Date of 2010 Amendment
Pub. L. 111–344, title I, §101(d), Dec. 29, 2010, 124 Stat. 3614, provided that: "The amendments made by this section [amending sections 2296, 2317, 2318, 2345, 2371d to 2371f, 2372, 2373, 2373a, and 2401g of this title and provisions set out as notes below] shall take effect on January 1, 2011."
Termination Date of 2009 Amendment
Pub. L. 111–5, div. B, title I, §1893, Feb. 17, 2009, 123 Stat. 422, as amended by Pub. L. 111–344, title I, §101(a), (b), Dec. 29, 2010, 124 Stat. 3612, which provided for sunset of amendments by subtitle I (§§1800–1899L) of title I of div. B of Pub. L. 111–5 to this part, parts 3 to 6 of this subchapter, and section 285 of Pub. L. 93–618, set out below, applicable on or after Feb. 13, 2011, with certain exceptions, was repealed by Pub. L. 112–40, title II, §201(a), Oct. 21, 2011, 125 Stat. 403.
Effective Date of 2002 Amendment
Pub. L. 107–210, div. A, title I, §151, Aug. 6, 2002, 116 Stat. 953, as amended by Pub. L. 108–429, title II, §2004(a)(21), Dec. 3, 2004, 118 Stat. 2591, provided that:
"(a)
"(b)
"(1) was certified as eligible for trade adjustment assistance benefits under such chapter as in effect on such date; and
"(2) would otherwise be eligible to receive trade adjustment assistance benefits under such chapter as in effect on such date.
"(c)
"(1)
"(2)
"(d)
"(1)
"(2)
Termination Date
Pub. L. 93–618, title II, ch. 5, §285, formerly §284, Jan. 3, 1975, 88 Stat. 2041; renumbered §285, Pub. L. 96–417, title VI, §613(a), Oct. 10, 1980, 94 Stat. 1746; and amended Pub. L. 97–35, title XXV, §2512, Aug. 13, 1981, 95 Stat. 888; Pub. L. 98–120, §2(b), Oct. 12, 1983, 97 Stat. 809; Pub. L. 99–107, §3, Sept. 30, 1985, 99 Stat. 479; Pub. L. 99–155, §2(b), Nov. 14, 1985, 99 Stat. 814; Pub. L. 99–181, §2, Dec. 13, 1985, 99 Stat. 1172; Pub. L. 99–189, §2, Dec. 18, 1985, 99 Stat. 1184; Pub. L. 99–272, title XIII, §13007(a), Apr. 7, 1986, 100 Stat. 304; Pub. L. 100–418, title I, §1426(a), Aug. 23, 1988, 102 Stat. 1251; Pub. L. 103–66, title XIII, §13803(a)(1), Aug. 10, 1993, 107 Stat. 668; Pub. L. 103–182, title V, §505, Dec. 8, 1993, 107 Stat. 2152; Pub. L. 105–277, div. J, title I, §1012(d), Oct. 21, 1998, 112 Stat. 2681–901; Pub. L. 106–113, div. B, §1000(a)(5) [title VII, §702(d)], Nov. 29, 1999, 113 Stat. 1536, 1501A–319; Pub. L. 107–210, div. A, title I, §111(c), Aug. 6, 2002, 116 Stat. 936; Pub. L. 110–89, §1(d), Sept. 28, 2007, 121 Stat. 982; Pub. L. 111–5, div. B, title I, §1892(b), Feb. 17, 2009, 123 Stat. 421; Pub. L. 111–344, title I, §101(c)(11), Dec. 29, 2010, 124 Stat. 3614; Pub. L. 112–40, title II, §§201(b), (c), 232, Oct. 21, 2011, 125 Stat. 403, 416; Pub. L. 114–27, title IV, §§402(b), (c), 403(a), June 29, 2015, 129 Stat. 374, provided that:
"(a) Assistance for Workers.—
"(1)
"(2)
"(A) certified as eligible for trade adjustment assistance benefits under chapter 2 of this title [this part]; and
"(B) otherwise eligible to receive trade adjustment assistance benefits under chapter 2.
"(b)
"(1)
"(2)
"(A)
"(B)
"(i) certified as eligible for adjustment assistance benefits under chapter 6; and
"(ii) is [sic] otherwise eligible to receive adjustment assistance benefits under such chapter 6."
[Pub. L. 114–27, title IV, §406(a)(7), June 29, 2015, 129 Stat. 380, provided that, beginning July 1, 2021, subject to section 406(b), set out in an Effective and Termination Dates of 2015 Revival note above, section 285 of Pub. L. 93–618, set out above, as in effect on Jan. 1, 2014, shall be applied and administered—
[(1) in subsec. (a), by substituting "June 30, 2022" for "December 31, 2007" wherever appearing; and
[(2) as if subsec. (b) read as follows:
["(b)
["(1)
["(A)
["(B)
["(i) to the extent funds are available pursuant to such chapter for such purpose; and
["(ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance.
["(2)
["(A)
["(B)
["(i) to the extent funds are available pursuant to such chapter for such purpose; and
["(ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance."]
[Pub. L. 113–235, div. B, title V, §541(b), Dec. 16, 2014, 128 Stat. 2217, provided that, during the period beginning on Jan. 1, 2015, and ending on Dec. 31, 2015, section 285 of Pub. L. 93–618, as in effect on Dec. 31, 2014, shall apply, except that subsec. (b) of that section shall be applied and administered as if par. (1) read as follows:
["(1)
["(A)
["(B)
["(i) to the extent funds are available pursuant to such chapter for such purpose; and
["(ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance."]
[Pub. L. 112–40, title II, §233(a), Oct. 21, 2011, 125 Stat. 416, prior to repeal by Pub. L. 114–27, title IV, §402(a), June 29, 2015, 129 Stat. 374, provided that, beginning Jan. 1, 2014, subject to section 233(b), set out as an Effective and Termination Dates of 2011 Revival note above, section 285 of Pub. L. 93–618, as in effect on Feb. 13, 2011, was to be applied and administered—
[(1) in subsec. (a), by substituting "2014" for "2007" wherever appearing; and
[(2) as if subsec. (b) read as follows:
["(b)
["(1)
["(A)
["(B)
["(i) to the extent funds are available pursuant to such chapter for such purpose; and
["(ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance.
["(2)
["(A)
["(B)
["(i) to the extent funds are available pursuant to such chapter for such purpose; and
["(ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance."]
[Amendment to section 285 of Pub. L. 93–618, set out above, by section 1892(b) of Pub. L. 111–5, which substituted "December 31, 2010" for "December 31, 2007" wherever appearing in subsec. (a) and amended subsec. (b) generally, was not applicable on or after Feb. 13, 2011, except as otherwise provided, and section 285 of Pub. L. 93–618 was applied and administered beginning Feb. 13, 2011, as provided in former section 1893(b) of Pub. L. 111–5. Section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note above, was repealed by Pub. L. 112–40, title II, §201(a), Oct. 21, 2011, 125 Stat. 403.]
[Pub. L. 111–5, div. B, title I, §1893(b), Feb. 17, 2009, 123 Stat. 422, as amended by Pub. L. 111–344, title I, §101(b), Dec. 29, 2010, 124 Stat. 3612, provided, prior to repeal by Pub. L. 112–40, title II, §201(a), Oct. 21, 2011, 125 Stat. 403, that, beginning Feb. 13, 2011, subject to section 1893(a)(2), formerly set out as a Termination Date of 2009 Amendment note above, section 285 of Pub. L. 93–618, was to be applied and administered—
[(1) in subsec. (a), by substituting "February 12, 2011" for "December 31, 2007" wherever appearing; and
[(2) as if subsec. (b) read as follows:
["(b)
["(1)
["(A)
["(B)
["(i) to the extent funds are available pursuant to such chapter for such purpose; and
["(ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance.
["(2)
["(A)
["(B)
["(i) to the extent funds are available pursuant to such chapter for such purpose; and
["(ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance."]
[Amendment by section 1892(b) of Pub. L. 111–5 to section 285 of Pub. L. 93–618, set out above, shall take effect upon the expiration of the 90-day period beginning on Feb. 17, 2009, except as otherwise provided, see section 1891 of Pub. L. 111–5, set out as an Effective and Termination Dates of 2009 Amendment note under section 2271 of this title.]
[Amendment by Pub. L. 110–89 to section 285 of Pub. L. 93–618, set out above, effective Oct. 1, 2007, see section 1(e) of Pub. L. 110–89, set out as an Effective Date of 2007 Amendment note under section 2317 of this title.]
[Amendment by Pub. L. 106–113 to section 285 of Pub. L. 93–618, set out above, effective as of July 1, 1999, see section 1000(a)(5) [title VII, §702(e)] of Pub. L. 106–113, set out as an Effective Date of 1999 Amendment note under section 2317 of this title.]
[Amendment by Pub. L. 103–182 to section 285 of Pub. L. 93–618, set out above, effective on the date the North American Free Trade Agreement enters into force with respect to the United States (Jan. 1, 1994), see section 506(a) of Pub. L. 103–182, formerly set out as an Effective Date of 1993 Amendment note under section 2271 of this title.]
[Parts 2 and 3 of this subchapter applicable as if amendments by sections 13007 and 13008 of Pub. L. 99–272, amending section 285 of Pub. L. 93–618, set out above, and sections 2317 and 2346 of this title, had taken effect Dec. 18, 1985, see section 13009(c) of Pub. L. 99–272, set out as an Effective Date of 1986 Amendment note under section 2291 of this title.]