19 U.S.C. § 2275

Benefit information to workers

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(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.)Termination of Assistance

For termination of assistance under this part after June 30, 2022, see Termination Date note below.

Editorial NotesCodification

Section reflects the July 1, 2021, reversion to provisions in effect on Jan. 1, 2014. See Effective and Termination Dates of 2015 Revival note below.

Section 233 of Pub. L. 112–40, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 114–27, title IV, § 402(a), June 29, 2015, 129 Stat. 374, and the provisions of this section, as in effect on Dec. 31, 2013, were temporarily revived, effective June 29, 2015, until July 1, 2021, 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 Feb. 13, 2011, termination of amendment by Pub. L. 111–5, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 111–5 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, 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.

Amendments

2015—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.

2011—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.

2009—Subsec. (c). Pub. L. 111–5, §§ 1812, 1893, temporarily added subsec. (c). See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

2002—Subsec. (b). Pub. L. 107–210 struck out “or subpart D of this part” after “this subpart” in pars. (1) and (2).

1993—Subsec. (b). Pub. L. 103–182 inserted reference to subpart D in pars. (1) and (2).

1988—Pub. L. 100–418 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related SubsidiariesEffective and Termination Dates of 2015 Revival

For revival and applicability, beginning on June 29, 2015, of the provisions of this section as in effect on Dec. 31, 2013, 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 July 1, 2021, to the provisions of this section as in effect on Jan. 1, 2014, 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 Oct. 21, 2011, of the provisions of this section as in effect on Feb. 12, 2011, 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 Jan. 1, 2014, of the provisions of this section to those in effect on Feb. 13, 2011, subject to certain exceptions, was repealed by Pub. L. 114–27, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effective June 29, 2015. 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 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.

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–210 applicable with respect to petitions filed under this part on or after the date that is 90 days after Aug. 6, 2002, except with respect to certain workers, see section 123(c) of Pub. L. 107–210, set out as an Effective Date of Repeal note under section 2331 of this title.

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–182 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 a note under section 2271 of this title.

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–418 effective on date that is 30 days after Aug. 23, 1988, see section 1430(e) of Pub. L. 100–418, set out as an Effective Date note under section 2397 of this title.

Effective Date and Transition Provisions

Section effective Aug. 13, 1981, with transition provisions applicable, see section 2514 of Pub. L. 97–35, set out as an Effective Date of 1981 Amendment 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 June 30, 2022, 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.

Notes of Decisions

Cited in 10 cases, 1986–2020 · leading case: Former Employees of Fisher & Co. v. United States Dep't of Labor, 507 F. Supp. 2d 1321 (Ct. Intl. Trade 2007).

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Former Employees of Fisher & Co. v. United States Dep't of Labor, 507 F. Supp. 2d 1321 (Ct. Intl. Trade 2007). · cites it 5× “Plaintiffs further argue that Willhoft is entitled to the benefit of equitable tolling because Labor violated its duty-under 19 U.S.C. § 2275 (a) to inform Will-hoft about the TAA program and its deadlines.”

Former Employees of Siemens Info. Commc'n Networks, Inc. v. Herman, 120 F. Supp. 2d 1107 (Ct. Intl. Trade 2000). · cites it 3× “*1116 Finally, in addition to their other arguments, Plaintiffs allege that 19 U.S.C. § 2275 7 requires that the Secretary have alerted them, prior to the running of the sixty-day period, that the administrative investigation was closed and that the Secretary’s determination…”

Williams v. Bd. of Review, 948 N.E.2d 561 (Ill. 2011). “As to the 8/16 week deadline, the Department of Labor’s training materials underscore the necessity of notice: “In many cases, the 8/16 week deadline for a worker will be reached while the worker is still receiving unemployment insurance (UI).”

Former Employees of Westmoreland Mfg. Co. v. United States, 650 F. Supp. 1021 (Ct. Intl. Trade 1986). · cites it 2× “Under 19 U.S.C. § 2275 , which Congress added to the statute in 1981, the Secretary has a duty to provide information to workers regarding benefits and eligibility.”

Tyler v. United States Dep't of Labor, 752 F. Supp. 32 (D. Me. 1990). · cites it 2× “While Plaintiff was clearly entitled to full information regarding the details of the TRA program, 19 U.S.C. § 2275 , she has not shown that the notice determining eligibility is the required, or even an appropriate, mechanism for providing that information.”

Wisconsin Dep't of Workforce Dev. v. Labor & Indus. Review Comm'n, 2006 WI App 241 (Wis. Ct. App. 2006). “19 U.S.C. § 2275 (a) requires the Secretary to "provide full information to workers about the benefit allowances, training, and other employment services available under this chapter" in specified times and ways.”

Dwd v. Lirc, 2006 WI App 241 (Wis. Ct. App. 2006). “[4] 19 U.S.C. § 2275 (a) requires the Secretary to "provide full information to workers about the benefit allowances, training, and other employment services available under this chapter" in specified times and ways.”

Jesse Gerber v. State of Wyoming, ex rel., Dep't of Workforce Servs., Unemployment Ins. Comm'n, 2020 WY 90 (Wyo. 2020). “2004); see also 19 U.S.C.A. § 2275 (West 2015). Mr. Gerber’s employment was not adversely affected by “injurious import competition.”

Williams v. Bd. of Review (Ill. 2011). “§2311 (f)), as well as written notice through the mail ( 19 U.S.C. §2275 (b)(1)). The Department of Labor’s administrative regulations mirror these requirements.”

Jordan v. Florida Unemployment Appeals Comm'n, 989 So. 2d 734 (Fla. 1st DCA 2008). “The commission did not, however, address an additional and apparently alternative finding by the referee that the appellant was not provided timely notice of the twenty-six-week-reemployment deadline as required by 19 U.S.C. § 2275 . The referee’s finding regarding this lack of…”

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