Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
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title_name: "CUSTOMS DUTIES"
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chapter_name: "TRADE ACT OF 1974"
section: "2101"
citation: "19 U.S.C. § 2101"
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# 19 U.S.C. § 2101 - Short title
## Text
This chapter may be cited as the “Trade Act of 1974”.
(Pub. L. 93618, § 1, Jan. 3, 1975, 88 Stat. 1978.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 93618, which in addition to enacting this chapter enacted section 1863 of this title, amended sections 160, 162, 163, 164, 170a, 1202, 1303, 1315, 1321, 1330, 1332, 1333, 1337, 1352, 1484, 1516, 1806, 1862, 1872, 1885, and 1981 of this title, sections 5312, 5314, 5315, and 5316 of Title 5, Government Organization and Employees, section 301 of Title 13, Census, section 3302 of Title 26, Internal Revenue Code, sections 2631 and 2632 of Title 28, Judiciary and Judicial Procedure, and section 665 of former Title 31, Money and Finance, repealed sections 1802, 1803, 1804, 1805, 1822, 1831, 1832, 1833, 1841, 1842, 1843, 1844, 1845, 1846, 1861, 1871, 1873, 1882, 1883, 1884, 1886, 1901, 1902, 1911, 1912, 1913, 1914, 1915, 1917, 1931, 1941, 1942, 1943, 1944, 1951, 1952, 1961, 1962, 1963, 1971, 1972, 1973, 1974, 1975, 1976, 1977, 1978, and 1991 of this title, and enacted provisions set out as notes under this section and sections 160, 162, 1303, 1321, 1337, 1484, 1515, 1516, 1901, and 2271 of this title and section 301 of Title 13, Census.
Statutory Notes and Related Subsidiaries
References to Other Laws Deemed References to Trade Act of 1974Pub. L. 93618, title VI, § 602(f), Jan. 3, 1975, 88 Stat. 2072, as amended by Pub. L. 9639, title XI, § 1106(h)(3), July 26, 1979, 93 Stat. 313, provided that: “All provisions of law (other than this Act [this chapter], the Trade Expansion Act of 1962 [chapter 7 of this title], and the Trade Agreements Extension Act of 1951 [see Short Title of 1951 Amendment note set out under section 1654 of this title]), in effect after the date of enactment of this Act [Jan. 3, 1975], referring to section 350 of the Tariff Act of 1930 [section 1351 of this title], to that section as amended, to the Act entitled An Act to amend the Tariff Act of 1930, approved June 12, 1934 [enacting sections 1352, 1353, and 1354 and amending section 1351 of this title], to that Act as amended or to the Trade Expansion Act of 1962, or to agreements entered into, or proclamations issued, or actions taken under any of such provisions, shall be construed, unless clearly precluded by the context, to refer also to this Act, or to agreements entered into or proclamations or orders issued pursuant to this Act.”
Short Title of 2022 AmendmentPub. L. 117110, § 1, Apr. 8, 2022, 136 Stat. 1159, provided that: “This Act [enacting provisions set out as a note under section 2434 of this title and amending provisions formerly set out as a note under section 2656 of Title 22, Foreign Relations and Intercourse] may be cited as the Suspending Normal Trade Relations with Russia and Belarus Act.”
Short Title of 2015 AmendmentPub. L. 11427, § 1(a), June 29, 2015, 129 Stat. 362, provided that: “This Act [see Tables for classification] may be cited as the Trade Preferences Extension Act of 2015.” Pub. L. 11427, title IV, § 401, June 29, 2015, 129 Stat. 373, provided that: “This title [see Tables for classification] may be cited as the Trade Adjustment Assistance Reauthorization Act of 2015.”
Short Title of 2012 AmendmentPub. L. 112208, § 1(a), Dec. 14, 2012, 126 Stat. 1496, provided that: “This Act [amending section 2241 of this title and enacting provisions set out as notes under section 2434 of this title and section 5811 of Title 22, Foreign Relations and Intercourse] may be cited as the Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012.”
Short Title of 2011 AmendmentPub. L. 11240, title II, § 200(a), Oct. 21, 2011, 125 Stat. 402, provided that: “This title [see Tables for classification] may be cited as the Trade Adjustment Assistance Extension Act of 2011.”
Short Title of 2010 AmendmentPub. L. 111344, § 1(a), Dec. 29, 2010, 124 Stat. 3611, provided that: “This Act [amending sections 58c, 2296, 2317, 2318, 2345, 2371d to 2371f, 2372, 2373, 2373a, 2401g, 3202, 3203, and 3206 of this title, sections 35, 4980B, 7527, and 9801 of Title 26, Internal Revenue Code, sections 1162, 1181, and 2918 of Title 29, Labor, and sections 300bb2 and 300gg of Title 42, The Public Health and Welfare, enacting provisions set out as a note preceding section 2271 of this title and notes under sections 35, 4980B, 6655, 7527, and 9801 of Title 26, and amending provisions set out as notes preceding section 2271 of this title] may be cited as the Omnibus Trade Act of 2010.”
Short Title of 2009 AmendmentPub. L. 1115, div. B, title I, § 1800, Feb. 17, 2009, 123 Stat. 367, provided that: “This subtitle [subtitle I (§§ 18001899L) of title I of div. B of Pub. L. 1115, enacting part 4 (§ 2371 et seq.) of subchapter II of this chapter and sections 2295a, 2322, 2323, 2344, 2345, 2356, and 2397a of this title, amending sections 2271 to 2275, 2291 to 2295, 2296 to 2298, 2311, 2315 to 2321, 2341, 2343, 2348 to 2352, 2354, 2355, 2393, 2395, 2401 to 2401b, and 2401e to 2401g of this title, sections 35, 4980B, 7527, and 9801 of Title 26, Internal Revenue Code, section 1581 of Title 28, Judiciary and Judicial Procedure, sections 1162, 1181, 2918, and 2919 of Title 29, Labor, and sections 300bb2 and 300gg of Title 42, The Public Health and Welfare, repealing former sections 2344 to 2347 of this title, enacting provisions set out as notes preceding section 2271 and under sections 2271, 2295a, 2296, 2323, 2344, 2371, and 2393 of this title and sections 1, 35, 4980B, 7527, and 9801 of Title 26, and amending provisions set out as a note preceding section 2271 of this title] may be cited as the Trade and Globalization Adjustment Assistance Act of 2009.”
Short Title of 2002 AmendmentPub. L. 107210, div. A, § 101, Aug. 6, 2002, 116 Stat. 935, provided that: “This division [enacting part 6 of subchapter II of this chapter, sections 1431a, 1583, and 2318 of this title, sections 35, 6050T, and 7527 of Title 26, Internal Revenue Code, and section 300gg45 of Title 42, The Public Health and Welfare, amending sections 58c, 482, 1318, 1330, 1411, 1505, 1509, 2075, 2171, 2271 to 2273, 2275, 2291, 2293, 2295 to 2298, 2317, 2346, and 2395 of this title, sections 4980B, 6103, 6724, and 7213A of Title 26, sections 1165, 2862, 2918, and 2919 of Title 29, Labor, section 1324 of Title 31, Money and Finance, and section 300bb5 of Title 42, renumbering section 35 of Title 26 as section 36 of Title 26, repealing sections 2318, 2322, and 2331 of this title, enacting provisions set out as notes preceding section 2271 and under sections 58c, 482, 1583, 1625, 1654, 2071, 2075, 2082, 2251, 2271, 2331, and 2401 of this title, sections 35 and 6050T of Title 26, and section 2918 of Title 29, and amending provisions set out as a note preceding section 2271 of this title] may be cited as the Trade Adjustment Assistance Reform Act of 2002.”
Short Title of 1996 AmendmentPub. L. 104188, title I, § 1951, Aug. 20, 1996, 110 Stat. 1917, provided that: “This subtitle [subtitle J (§§ 19511954) of title I of Pub. L. 104188, enacting sections 2461 to 2467 of this title, amending sections 2702, 3011, 3202, 3331, and 3551 of this title, section 14442 of Title 7, Agriculture, section 4711 of Title 15, Commerce and Trade, sections 262p4p and 2191a of Title 22, Foreign Relations and Intercourse, and section 871 of Title 26, Internal Revenue Code, and enacting provisions set out as a note under section 2461 of this title] may be cited as the GSP Renewal Act of 1996.”
Short Title of 1993 AmendmentPub. L. 103182, title V, § 501, Dec. 8, 1993, 107 Stat. 2149, which provided that subtitle A of title V of Pub. L. 103282 could be cited as the “NAFTA Worker Security Act”, was repealed by Pub. L. 116113, title VI, § 601, Jan. 29, 2020, 134 Stat. 78, effective on the date the USMCA entered into force (July 1, 2020).
Short Title of 1990 AmendmentPub. L. 101382, § 1(a), Aug. 20, 1990, 104 Stat. 629, provided that: “This Act [see Tables for classification] may be cited as the Customs and Trade Act of 1990.”
Short Title of 1989 AmendmentPub. L. 101221, § 1, Dec. 12, 1989, 103 Stat. 1886, provided that: “This Act [amending section 4611 of Title 26, Internal Revenue Code, enacting provisions set out as notes under sections 2253 and 2703 of this title and section 4611 of Title 26, and amending provisions set out as notes under sections 2253 and 2703 of this title] may be cited as the Steel Trade Liberalization Program Implementation Act.”
Short Title of 1986 AmendmentPub. L. 99272, title XIII, § 13001, Apr. 7, 1986, 100 Stat. 300, provided that: “This part [part 1 (§§ 1300113009) of subtitle A, amending sections 2271, 2272, 2291 to 2293, 2296, 2297, 2311, 2317, 2319, 2341 to 2344, and 2346 of this title, enacting provisions set out as a note under section 2291 of this title, and amending provisions set out as a note preceding section 2271 of this title] may be cited as the Trade Adjustment Assistance Reform and Extension Act of 1986.”
Short Title of 1984 AmendmentPub. L. 98573, title III, § 301(a), Oct. 30, 1984, 98 Stat. 3000, provided that: “This title [enacting sections 2114a to 2114e, 2138, and 2241 of this title, amending sections 2112, 2114, 2155, 2171, and 2411 to 2415 of this title and sections 3101 to 3104 of Title 22, Foreign Relations and Intercourse, and enacting provisions set out as notes under section 2102 of this title and section 3101 of Title 22] may be cited as the International Trade and Investment Act.” Pub. L. 98573, title V, § 501(a), Oct. 30, 1984, 98 Stat. 3018, provided that: “This title [enacting section 2466 of this title, amending sections 2461 to 2465 of this title, and enacting provisions set out as notes under section 2461 of this title] may be cited as the Generalized System of Preferences Renewal Act of 1984.”
SeparabilityPub. L. 93618, title VI, § 605, Jan. 3, 1975, 88 Stat. 2073, provided that: “If any provision of this Act [see References in Text note above], or the application of any provision to any circumstances or persons shall be held invalid, the validity of the remainder of this Act, and of the application of such provision to other circumstances or persons, shall not be affected thereby.”
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# 19 U.S.C. § 2102 - Congressional statement of purpose
## Text
The purposes of this chapter are, through trade agreements affording mutual benefits—
(1) to foster the economic growth of and full employment in the United States and to strengthen economic relations between the United States and foreign countries through open and nondiscriminatory world trade;
(2) to harmonize, reduce, and eliminate barriers to trade on a basis which assures substantially equivalent competitive opportunities for the commerce of the United States;
(3) to establish fairness and equity in international trading relations, including reform of the General Agreement on Tariffs and Trade;
(4) to provide adequate procedures to safeguard American industry and labor against unfair or injurious import competition, and to assist industries, firm,11 So in original. workers, and communities to adjust to changes in international trade flows;
(5) to open up market opportunities for United States commerce in nonmarket economies; and
(6) to provide fair and reasonable access to products of less developed countries in the United States market.
(Pub. L. 93618, § 2, Jan. 3, 1975, 88 Stat. 1981.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 93618, Jan. 3, 1975, 88 Stat. 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see References in Text note set out under section 2101 of this title and Tables.
Statutory Notes and Related Subsidiaries
Statement of Purposes of 1984 AmendmentPub. L. 98573, title III, § 302, Oct. 30, 1984, 98 Stat. 3000, provided that: “The purposes of this title [see Short Title of 1984 Amendment note set out under section 2101 of this title] are— “(1) to foster the economic growth of, and full employment in, the United States by expanding competitive United States exports through the achievement of commercial opportunities in foreign markets substantially equivalent to those accorded by the United States; “(2) to improve the ability of the President—“(A) to identify and to analyze barriers to (and restrictions on) United States trade and investment, and “(B) to achieve the elimination of such barriers and restrictions; “(3) to encourage the expansion of—“(A) international trade in services through the negotiation of agreements (both bilateral and multilateral) which reduce or eliminate barriers to international trade in services, and “(B) United States service industries in foreign commerce; and “(4) to enhance the free flow of foreign direct investment through the negotiation of agreements (both bilateral and multilateral) which reduce or eliminate the trade distortive effects of certain investment-related measures.”
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# 19 U.S.C. § 2113 - Overall negotiating objective
## Text
The overall United States negotiating objective under sections 2111 and 2112 of this title shall be to obtain more open and equitable market access and the harmonization, reduction, or elimination of devices which distort trade or commerce. To the maximum extent feasible, the harmonization, reduction, or elimination of agricultural trade barriers and distortions shall be undertaken in conjunction with the harmonization, reduction, or elimination of industrial trade barriers and distortions.
(Pub. L. 93618, title I, § 103, Jan. 3, 1975, 88 Stat. 1984.)
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# 19 U.S.C. § 2114 - Sector negotiating objective
## Text
(a) Obtaining equivalent competitive opportunities A principal United States negotiating objective under sections 2111 and 2112 of this title shall be to obtain, to the maximum extent feasible, with respect to appropriate product sectors of manufacturing, and with respect to the agricultural sector, competitive opportunities for United States exports to the developed countries of the world equivalent to the competitive opportunities afforded in United States markets to the importation of like or similar products, taking into account all barriers (including tariffs) to and other distortions of international trade affecting that sector.
(b) Conduct of negotiations on basis of appropriate product sectors of manufacturing As a means of achieving the negotiating objective set forth in subsection (a), to the extent consistent with the objective of maximizing overall economic benefit to the United States (through maintaining and enlarging foreign markets for products of United States agriculture, industry, mining, and commerce, through the development of fair and equitable market opportunities, and through open and nondiscriminatory world trade), negotiations shall, to the extent feasible be conducted on the basis of appropriate product sectors of manufacturing.
(c) Identification of appropriate product sectors of manufacturing For the purposes of this section and section 2155 of this title, the United States Trade Representative together with the Secretary of Commerce, Agriculture, or Labor, as appropriate, shall, after consultation with the Advisory Committee for Trade Negotiations established under section 2155 of this title and after consultation with interested private or non-Federal governmental organizations, identify appropriate product sectors of manufacturing.
(d) Presidential analysis of how negotiating objectives are achieved in each product sector by trade agreements If the President determines that competitive opportunities in one or more product sectors will be significantly affected by a trade agreement concluded under section 2111 or 2112 of this title, he shall submit to the Congress with each such agreement an analysis of the extent to which the negotiating objective set forth in subsection (a) is achieved by such agreement in each product sector or product sectors.
(Pub. L. 93618, title I, § 104, Jan. 3, 1975, 88 Stat. 1984; 1979 Reorg. Plan No. 3, § 1(b)(1), eff. Jan. 2, 1980, 44 F.R. 69273, 93 Stat. 1381; Pub. L. 98573, title III, § 306(c)(2)(C)(i), Oct. 30, 1984, 98 Stat. 3012.)
## Notes
Editorial Notes
Amendments1984—Subsec. (c). Pub. L. 98573 inserted “or non-Federal governmental” after “private”.
Executive Documents
Change of Name “United States Trade Representative” substituted for “Special Representative for Trade Negotiations” in subsec. (c), pursuant to Reorg. Plan No. 3 of 1979, § 1(b)(1), 44 F.R. 69273, 93 Stat. 1381, eff. Jan. 2, 1980, as provided by section 1107(a) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 993, set out as notes under section 2171 of this title. See, also, section 2171 of this title as amended by Pub. L. 97456.
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# 19 U.S.C. § 2114a - Negotiating objectives with respect to trade in services, foreign direct investment, and high technology products
## Text
(a) Trade in services (1) In general Principal United States negotiating objectives under section 2112 of this title shall be—
(A) to reduce or to eliminate barriers to, or other distortions of, international trade in services (particularly United States service sector trade in foreign markets), including barriers that deny national treatment and restrictions on the establishment and operation in such markets; and
(B) to develop internationally agreed rules, including dispute settlement procedures, which—
(i) are consistent with the commercial policies of the United States, and
(ii) will reduce or eliminate such barriers or distortions and help ensure open international trade in services.
(2) Domestic objectives In pursuing the objectives described in paragraph (1), United States negotiators shall take into account legitimate United States domestic objectives including, but not limited to, the protection of legitimate health or safety, essential security, environmental, consumer or employment opportunity interests and the laws and regulations related thereto.
(b) Foreign direct investment (1) In general Principal United States negotiating objectives under section 2112 of this title shall be—
(A) to reduce or to eliminate artificial or trade-distorting barriers to foreign direct investment, to expand the principle of national treatment, and to reduce unreasonable barriers to establishment; and
(B) to develop internationally agreed rules, including dispute settlement procedures, which—
(i) will help ensure a free flow of foreign direct investment, and
(ii) will reduce or eliminate the trade distortive effects of certain investment related measures.
(2) Domestic objectives In pursuing the objectives described in paragraph (1), United States negotiators shall take into account legitimate United States domestic objectives including, but not limited to, the protection of legitimate health or safety, essential security, environmental, consumer or employment opportunity interests and the laws and regulations related thereto.
(c) High technology products Principal United States negotiating objectives shall be—
(1) to obtain and preserve the maximum openness with respect to international trade and investment in high technology products and related services;
(2) to obtain the elimination or reduction of, or compensation for, the significantly distorting effects of foreign government acts, policies, or practices identified in section 2241 of this title, with particular consideration given to the nature and extent of foreign government intervention affecting United States exports of high technology products or investments in high technology industries, including—
(A) foreign industrial policies which distort international trade or investment;
(B) measures which deny national treatment or otherwise discriminate in favor of domestic high technology industries;
(C) measures which fail to provide adequate and effective means for foreign nationals to secure, exercise, and enforce exclusive rights in intellectual property (including trademarks, patents, and copyrights);
(D) measures which impair access to domestic markets for key commodity products; and
(E) measures which facilitate or encourage anticompetitive market practices or structures;
(3) to obtain commitments that official policy of foreign countries or instrumentalities will not discourage government or private procurement of foreign high technology products and related services;
(4) to obtain the reduction or elimination of all tariffs on, and other barriers to, United States exports of high technology products and related services;
(5) to obtain commitments to foster national treatment;
(6) to obtain commitments to—
(A) foster the pursuit of joint scientific cooperation between companies, institutions or governmental entities of the United States and those of the trading partners of the United States in areas of mutual interest through such measures as financial participation and technical and personnel exchanges, and
(B) ensure that access by all participants to the results of any such cooperative efforts should not be impaired; and
(7) to provide effective minimum safeguards for the acquisition and enforcement of intellectual property rights and the property value of proprietary data.
(d) Definition of barriers and other distortions For purposes of subsection (a), the term “barriers to, or other distortions of, international trade in services” includes, but is not limited to—
(1) barriers to establishment in foreign markets, and
(2) restrictions on the operation of enterprises in foreign markets, including—
(A) direct or indirect restrictions on the transfer of information into, or out of, the country or instrumentality concerned, and
(B) restrictions on the use of data processing facilities within or outside of such country or instrumentality.
(Pub. L. 93618, title I, § 104A, as added Pub. L. 98573, title III, § 305(a)(1), Oct. 30, 1984, 98 Stat. 3006.)
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# 19 U.S.C. § 2114b - Provisions relating to international trade in services
## Text
(1) The Secretary of Commerce shall establish a service industries development program designed to—
(A) develop, in consultation with other Federal agencies as appropriate, policies regarding services that are designed to increase the competitiveness of United States service industries in foreign commerce;
(B) develop a data base for assessing the adequacy of Government policies and actions pertaining to services, including, but not limited to, data on trade, both aggregate and pertaining to individual service industries;
(C) collect and analyze, in consultation with appropriate agencies, information pertaining to the international operations and competitiveness of United States service industries, including information with respect to—
(i) policies of foreign governments toward foreign and United States service industries;
(ii) Federal, State, and local regulation of both foreign and United States suppliers of services, and the effect of such regulation on trade;
(iii) the adequacy of current United States policies to strengthen the competitiveness of United States service industries in foreign commerce, including export promotion activities in the service sector;
(iv) tax treatment of services, with particular emphasis on the effect of United States taxation on the international competitiveness of United States firms and exports;
(v) treatment of services under international agreements of the United States;
(vi) antitrust policies as such policies affect the competitiveness of United States firms; and
(vii) treatment of services in international agreements of the United States;
(D) conduct a program of research and analysis of service-related issues and problems, including forecasts and industrial strategies; and
(E) conduct sectoral studies of domestic service industries.
(2) For purposes of the collection and analysis required by paragraph (1), and for the purpose of any reporting the Department of Commerce makes under paragraph (3), such collection and reporting shall distinguish between income from investment and income from noninvestment services.
(3) On not less than a biennial basis beginning in 1986, the Secretary shall prepare a report which analyzes the information collected under paragraph (1). Such report shall be submitted to the Congress and to the President by not later than the date that is 120 days after the close of the period covered by the report.
(4) The Secretary of Commerce shall carry out the provisions of this subsection from funds otherwise made available to him which may be used for such purposes.
(5) For purposes of this section, the term “services” means economic activities whose outputs are other than tangible goods. Such term includes, but is not limited to, banking, insurance, transportation, postal and delivery services, communications and data processing, retail and wholesale trade, advertising, accounting, construction, design and engineering, management consulting, real estate, professional services, entertainment, education, health care, and tourism.
(Pub. L. 98573, title III, § 306(a), Oct. 30, 1984, 98 Stat. 3008; Pub. L. 105277, div. A, § 101(h) [title VI, § 633(c)], Oct. 21, 1998, 112 Stat. 2681480, 2681524.)
## Notes
Editorial Notes
Codification Section was enacted as part of the International Trade and Investment Act, and also as part of the Trade and Tariff Act of 1984, and not as part of the Trade Act of 1974 which comprises this chapter. Section is comprised of subsec. (a) of section 306 of Pub. L. 98573. Subsec. (b) of such section amended sections 3101, 3103, and 3104 and a provision set out as a note under section 3101 of Title 22, Foreign Relations and Intercourse; subsec. (c)(1), (2)(A) of such section is classified to section 2114c of this title; and subsec. (c)(2)(B), (C) of such section amended sections 2114, 2155, 2413, and 2414 of this title.
Amendments1998—Par. (5). Pub. L. 105277, which directed the amendment of par. (5) by inserting “postal and delivery services,” after “transportation.” in second sentence, was executed by making the insertion after “transportation,” to reflect the probable intent of Congress.
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# 19 U.S.C. § 2114c - Trade in services: development, coordination, and implementation of Federal policies; staff support and other assistance; specific service sector authorities unaffected; executive functions
## Text
(1) (A) The United States Trade Representative, through the interagency trade organization established pursuant to section 1872(a) of this title or any subcommittee thereof, shall, in conformance with this Act and other provisions of law, develop (and coordinate the implementation of) United States policies concerning trade in services.
(B) In order to encourage effective development, coordination, and implementation of United States policies on trade in services—
(i) each department or agency of the United States responsible for the regulation of any service sector industry shall, as appropriate, advise and work with the United States Trade Representative concerning matters that have come to the departments or agencys attention with respect to—
(I) the treatment afforded United States service sector interest in foreign markets; or
(II) allegations of unfair practices by foreign governments or companies in a service sector; and
(ii) the Department of Commerce, together with other appropriate agencies as requested by the United States Trade Representative, shall provide staff support and other assistance for negotiations on service-related issues by the United States Trade Representatives 11 So in original. Probably should be “Representative”. and the domestic implementation of service-related agreements.
(C) Nothing in this paragraph shall be construed to alter any existing authority or responsibility with respect to any specific service sector.
(2) (A) 22 See Codification note below. The President shall, as he deems appropriate—
(i) consult with State governments on issues of trade policy, including negotiating objectives and implementation of trade agreements, affecting the regulatory authority of non-Federal governments, or their procurement of goods and services;
(ii) establish one or more intergovernmental policy advisory committees on trade which shall serve as a principal forum in which State and local governments may consult with the Federal Government with respect to the matters described in clause (i); and
(iii) provide to State and local governments and to United States service industries, upon their request, advice, assistance, and (except as may be otherwise prohibited by law) data, analyses, and information concerning United States policies on international trade in services.
(Pub. L. 98573, title III, § 306(c)(1), (2)(A), Oct. 30, 1984, 98 Stat. 3010, 3011.)
## Notes
Editorial Notes
References in TextThis Act, referred to in par. (1)(A), is Pub. L. 98573, Oct. 30, 1984, 98 Stat. 2984, known as the Trade and Tariff Act of 1984. For classification of this Act to the Code, see Short Title of 1984 Amendment note set out under section 1654 of this title and Tables.
Codification Section was enacted as part of the International Trade and Investment Act, and also as part of the Trade and Tariff Act of 1984, and not as part of the Trade Act of 1974 which comprises this chapter. Section is comprised of subsec. (c)(1), (2)(A) of section 306 of Pub. L. 98573. Subsec. (a) of such section is classified to section 2114(b) of this title; subsec. (b) of such section amended sections 3101, 3103, and 3104 and a provision set out as a note under section 3101 of Title 22, Foreign Relations and Intercourse; and subsec. (c)(2)(B), (C) of such section amended sections 2114, 2155, 2413, and 2414 of this title.
Statutory Notes and Related Subsidiaries
Definitions For definition of “services” as used in this section, see par. (5) of section 2114b of this title.
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# 19 U.S.C. § 2114d - Foreign export requirements; consultations and negotiations for reduction and elimination; restrictions on and exclusion from entry of products or services; savings provision; compensation authority applicable
## Text
(1) If the United States Trade Representative, with the advice of the committee established by section 1872 of this title, determines that action by the United States is appropriate to respond to any export performance requirements of any foreign country or instrumentality that adversely affect the economic interests of the United States, then the United States Trade Representative shall seek to obtain the reduction and elimination of such export performance requirements through consultations and negotiations with the foreign country or instrumentality concerned.
(2) In addition to the action referred to in subsection (1), the United States Trade Representative may impose duties or other import restrictions on the products or services of such foreign country or instrumentality for such time as he determines appropriate, including the exclusion from entry into the United States of products subject to such requirements.
(3) Nothing in paragraph (2) shall apply to any products or services with respect to which—
(A) any foreign direct investment (including a purchase of land or facilities) has been made directly or indirectly by any United States person before October 30, 1984, or
(B) any written commitment relating to a foreign direct investment that is binding on October 30, 1984, has been made directly or indirectly by any United States person.
(4) Whenever the international obligations of the United States and actions taken under paragraph (2) make compensation necessary or appropriate, compensation may be provided by the United States Trade Representative subject to the limitations and conditions contained in section 2133 of this title for providing compensation for actions taken under section 2253 of this title.
(Pub. L. 98573, title III, § 307(b), Oct. 30, 1984, 98 Stat. 3012; Pub. L. 99514, title XVIII, § 1889(5), Oct. 22, 1986, 100 Stat. 2926.)
## Notes
Statutory Notes and Related Subsidiaries
Codification Section was enacted as part of the International Trade and Investment Act, and also as part of the Trade and Tariff Act of 1984, and not as part of the Trade Act of 1974 which comprises this chapter. Section is comprised of subsec. (b) of section 307 of Pub. L. 98573. Subsec. (a) of such section amended section 2112(g)(3) of this title.
Amendments1986—Par. (3). Pub. L. 99514 struck out “or paragraph (3)” after “paragraph (2)”.
Statutory Notes and Related Subsidiaries
Plan Amendments Not Required Until January 1, 1989For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 11011147 and 11711177] or title XVIII [§§ 18011899A] of Pub. L. 99514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99514, as amended, set out as a note under section 401 of Title 26, Internal Revenue Code.
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# 19 U.S.C. § 2114e - Negotiation of agreements concerning high technology industries
## Text
The President may enter into such bilateral or multilateral agreements as may be necessary or appropriate to achieve the objectives of this section and the negotiating objectives under section 2114a(c) of this title.
(Pub. L. 98573, title III, § 308(a), Oct. 30, 1984, 98 Stat. 3013.)
## Notes
Editorial Notes
References in TextThis section, referred to in text, means section 308 of Pub. L. 98573. See Codification note below.
Codification Section was enacted as part of the International Trade and Investment Act, and also as part of the Trade and Tariff Act of 1984, and not as part of the Trade Act of 1974 which comprises this chapter. Section is comprised of subsec. (a) of section 308 of Pub. L. 98573. Subsec. (b) of such section 308 enacted section 2138 of this title.
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# 19 U.S.C. § 2115 - Bilateral trade agreements
## Text
If the President determines that bilateral trade agreements will more effectively promote the economic growth of, and full employment in, the United States, then, in such cases, a negotiating objective under sections 2111 and 2112 of this title shall be to enter into bilateral trade agreements. Each such trade agreement shall provide for mutually advantageous economic benefits.
(Pub. L. 93618, title I, § 105, Jan. 3, 1975, 88 Stat. 1984.)
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# 19 U.S.C. § 2116 - Agreements with developing countries
## Text
A United States negotiating objective under sections 2111 and 2112 of this title shall be to enter into trade agreements which promote the economic growth of both developing countries and the United States and the mutual expansion of market opportunities.
(Pub. L. 93618, title I, § 106, Jan. 3, 1975, 88 Stat. 1985.)
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# 19 U.S.C. § 2117 - International safeguard procedures
## Text
(a) Harmonization, reduction, or elimination of barriers and distortions affecting international trade; use of temporary measures A principal United States negotiating objective under section 2112 of this title shall be to obtain internationally agreed upon rules and procedures, in the context of the harmonization, reduction, or elimination of barriers to, and other distortions of, international trade, which permit the use of temporary measures to ease adjustment to changes occurring in competitive conditions in the domestic markets of the parties to an agreement resulting from such negotiations due to the expansion of international trade.
(b) Permissible provisions Any agreement entered into under section 2112 of this title may include provisions establishing procedures for—
(1) notification of affected exporting countries,
(2) international consultations,
(3) international review of changes in trade flows,
(4) making adjustments in trade flows as the result of such changes, and
(5) international mediation.
Such agreements may also include provisions which—
(A) exclude, under specified conditions, the parties thereto from compensation obligations and retaliation, and
(B) permit domestic public procedures through which interested parties have the right to participate.
(Pub. L. 93618, title I, § 107, Jan. 3, 1975, 88 Stat. 1985.)
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# 19 U.S.C. § 2118 - Access to supplies
## Text
(a) Fair and equitable access A principal United States negotiating objective under section 2112 of this title shall be to enter into trade agreements with foreign countries and instrumentalities to assure the United States of fair and equitable access at reasonable prices to supplies of articles of commerce which are important to the economic requirements of the United States and for which the United States does not have, or cannot easily develop, the necessary domestic productive capacity to supply its own requirements.
(b) Continued availability; reciprocal concessions; comparable trade obligations Any agreement entered into under section 2112 of this title may include provisions which—
(1) assure to the United States the continued availability of important articles at reasonable prices, and
(2) provide reciprocal concessions or comparable trade obligations, or both, by the United States.
(Pub. L. 93618, title I, § 108, Jan. 3, 1975, 88 Stat. 1985.)
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# 19 U.S.C. § 2119 - Staging requirements and rounding authority
## Text
(a) Maximum aggregate reductions in rates of duty Except as otherwise provided in this section, the aggregate reduction in the rate of duty on any article which is in effect on any day pursuant to a trade agreement under section 2111 of this title shall not exceed the aggregate reduction which would have been in effect on such day if—
(1) a reduction of 3 percent ad valorem or a reduction of one-tenth of the total reduction, whichever is greater, had taken effect on the effective date of the first reduction proclaimed pursuant to section 2111(a)(2) of this title to carry out such agreement with respect to such article, and
(2) a reduction equal to the amount applicable under paragraph (1) had taken effect at 1-year intervals after the effective date of such first reduction.
This subsection shall not apply in any case where the total reduction in the rate of duty does not exceed 10 percent of the rate before the reduction.
(b) Simplification of computation If the President determines that such action will simplify the computation of the amount of duty imposed with respect to an article, he may exceed the limitation provided by section 2111(b) of this title or subsection (a) of this section by not more than whichever of the following is lesser:
(1) the difference between the limitation and the next lower whole number, or
(2) one-half of 1 percent ad valorem.
(c) Ten-year period for commencement of reductions in rates of duty (1) No reduction in the rate of duty on any article pursuant to a trade agreement under section 2111 of this title shall take effect more than 10 years after the effective date of the first reduction proclaimed to carry out such trade agreement with respect to such article.
(2) If any part of a reduction takes effect, then any time thereafter during which any part of the reduction is not in effect by reason of legislation of the United States or action thereunder, the effect of which is to maintain or increase the rate of duty on an article, shall be excluded in determining—
(A) the 1-year intervals referred to in subsection (a)(2), and
(B) the expiration of the 10-year period referred to in paragraph (1) of this subsection.
(Pub. L. 93618, title I, § 109, Jan. 3, 1975, 88 Stat. 1985; Pub. L. 9639, title XI, § 1106(c)(3), July 26, 1979, 93 Stat. 312.)
## Notes
Editorial Notes
Amendments1979—Subsec. (c)(2). Pub. L. 9639 substituted “any part of the reduction” for “such part of the reduction”.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective July 26, 1979, see section 1114 of Pub. L. 9639, set out as an Effective Date note under section 2581 of this title.
Staging of Certain Tariff ReductionsPub. L. 9639, title V, § 503, July 26, 1979, 93 Stat. 251, provided that: “(a) In General.—The aggregate reduction in the rate of duty applicable to items described in this subsection in effect on any day pursuant to a trade agreement entered into under section 101 of the Trade Act of 1974 [19 U.S.C. 2111] before January 3, 1980, may exceed the limitation in section 109(a) of such Act (19 U.S.C. 2119):“(1) Items amended under section 223(d) of this Act [items 402.00 to 413.51 of the Tariff Schedules] to the extent that they apply to articles which the President determines were not imported into the United States before January 1, 1978, and were not produced in the United States before May 1, 1978. “(2)(A) Items to the extent that they apply to articles which the President determines are not import sensitive and are the product of a least developed developing country as defined in the United Nations General Assembly list of “Least Developed Countries” and which are beneficiary developing countries under section 502 of the Trade Act of 1974 [19 U.S.C. 2462]. “(B) The President may at any time suspend the treatment accorded under subparagraph (A) in which case the aggregate reduction in effect for such products shall be the reduction in effect for countries other than least developed developing countries. “(3) Item 628.57. Notwithstanding the first sentence of this subsection, the limitation in section 109(a) of the Trade Act of 1974 may be exceeded only to the extent necessary to permit an aggregate reduction of 4.8 percent ad valorem in the rate of duty in effect under such item during the first 1-year period after the effective date of the first reduction in the rate of duty proclaimed for such item. “(4) Items 132.50, 170.10, 170.15, 170.20, 177.62, 186.15, and 429.47. “(5) Items 306.31, 306.32, 306.33, and 306.34. Notwithstanding subsection (a), the limitation in section 109(a) of the Trade Act of 1974 may be exceeded only to the extent necessary to permit the total reduction proclaimed under section 101 of the Trade Act of 1974 relating to such item to take effect within 2 years after the effective date of the first reduction in the rate of duty proclaimed for such item. “(6) Items for which the President determines the effective date of the first reduction will be after June 30, 1980, and before January 1, 1981, to the extent necessary to permit the second reduction to take effect on January 1, 1981. “(b) Opportunity for Comment.—Before making any determination under subsection (a)(1) and (2), the President shall provide interested parties an opportunity to comment and shall publish his final determinations in the Federal Register before July 1, 1980.”
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# 19 U.S.C. § 2131 - Authorization of appropriation for GATT revision
## Text
There are authorized to be appropriated annually such sums as may be necessary for the payment by the United States of its share of the expenses of the Contracting Parties to the General Agreement on Tariffs and Trade. This authorization does not imply approval or disapproval by the Congress of all articles of the General Agreement on Tariffs and Trade.
(Pub. L. 93618, title I, § 121, Jan. 3, 1975, 88 Stat. 1986; Pub. L. 9639, title XI, § 1106(c)(2), July 26, 1979, 93 Stat. 311; Pub. L. 100418, title I, § 1107(b)(2), Aug. 23, 1988, 102 Stat. 1135; Pub. L. 100647, title IX, § 9001(a)(1), Nov. 10, 1988, 102 Stat. 3806.)
## Notes
Editorial Notes
Amendments1988—Pub. L. 100647 substituted “There are” for “(d) There are”. Subsecs. (a) to (c). Pub. L. 100418 struck out subsec. (a) which provided for bringing existing trade agreements into conformity with principles promoting open, nondiscriminatory, and fair world economic system, subsec. (b) which provided for agreements with foreign countries or instrumentalities, and subsec. (c) which provided for changes in Federal law through legislation implementing trade agreements. 1979—Subsec. (c). Pub. L. 9639 substituted “Such trade agreement may be entered into under section 2112 of this title” for “Such trade agreement may be submitted to the Congress for approval in accordance with the procedures of section 2191 of this title”.
Statutory Notes and Related Subsidiaries
Effective Date of 1988 AmendmentAmendment by Pub. L. 100647 applicable as if such amendment took effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100647, set out as an Effective and Termination Dates of 1988 Amendments note under section 58c of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective July 26, 1979, see section 1114 of Pub. L. 9639, set out as an Effective Date note under section 2581 of this title.
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# 19 U.S.C. § 2132 - Balance-of-payments authority
## Text
(a) Presidential proclamations of temporary import surcharges and temporary limitations on imports through quotas in situations of fundamental international payments problems Whenever fundamental international payments problems require special import measures to restrict imports—
(1) to deal with large and serious United States balance-of-payments deficits.
(2) to prevent an imminent and significant depreciation of the dollar in foreign exchange markets, or
(3) to cooperate with other countries in correcting an international balance-of-payments disequilibrium,
the President shall proclaim, for a period not exceeding 150 days (unless such period is extended by Act of Congress)—
(A) a temporary import surcharge, not to exceed 15 percent ad valorem, in the form of duties (in addition to those already imposed, if any) on articles imported into the United States;
(B) temporary limitations through the use of quotas on the importation of articles into the United States; or
(C) both a temporary import surcharge described in subparagraph (A) and temporary limitations described in subparagraph (B).
The authority delegated under subparagraph (B) (and so much of subparagraph (C) as relates to subparagraph (B)) may be exercised (i) only if international trade or monetary agreements to which the United States is a party permit the imposition of quotas as a balance-of-payments measure, and (ii) only to the extent that the fundamental imbalance cannot be dealt with effectively by a surcharge proclaimed pursuant to subparagraph (A) or (C). Any temporary import surcharge proclaimed pursuant to subparagraph (A) or (C) shall be treated as a regular customs duty.
(b) Import restrictions not imposed when contrary to national interest of United States If the President determines that the imposition of import restrictions under subsection (a) will be contrary to the national interest of the United States, then he may refrain from proclaiming such restrictions and he shall—
(1) immediately inform Congress of his determination, and
(2) immediately convene the group of congressional official advisers designated under section 2211(a) of this title and consult with them as to the reasons for such determination.
(c) Presidential proclamations liberalizing imports Whenever the President determines that fundamental international payments problems require special import measures to increase imports—
(1) to deal with large and persistent United States balance-of-trade surpluses, as determined on the basis of the cost-insurance-freight value of imports, as reported by the Bureau of the Census, or
(2) to prevent significant appreciation of the dollar in foreign exchange markets,
the President is authorized to proclaim, for a period of 150 days (unless such period is extended by Act of Congress)—
(A) a temporary reduction (of not more than 5 percent ad valorem) in the rate of duty on any article; and
(B) a temporary increase in the value or quantity of articles which may be imported under any import restriction, or a temporary suspension of any import restriction.
Import liberalizing actions proclaimed pursuant to this subsection shall be of broad and uniform application with respect to product coverage except that the President shall not proclaim measures under this subsection with respect to those articles where in his judgment such action will cause or contribute to material injury to firms or workers in any domestic industry, including agriculture, mining, fishing, or commerce, or to impairment of the national security, or will otherwise be contrary to the national interest.
(d) Nondiscriminatory treatment of import restricting actions (1) Import restricting actions proclaimed pursuant to subsection (a) shall be applied consistently with the principle of nondiscriminatory treatment. In addition, any quota proclaimed pursuant to subparagraph (B) of subsection (a) shall be applied on a basis which aims at a distribution of trade with the United States approaching as closely as possible that which various foreign countries might have expected to obtain in the absence of such restrictions.
(2) Notwithstanding paragraph (1), if the President determines that the purposes of this section will best be served by action against one or more countries having large or persistent balance-of-payments surpluses, he may exempt all other countries from such action.
(3) After such time when there enters into force for the United States new rules regarding the application of surcharges as part of a reform of internationally agreed balance-of-payments adjustment procedures, the exemption authority contained in paragraph (2) shall be applied consistently with such new international rules.
(4) It is the sense of Congress that the President seek modifications in international agreements aimed at allowing the use of surcharges in place of quantitative restrictions (and providing rules to govern the use of such surcharges) as a balance-of-payments adjustment measure within the context of arrangements for an equitable sharing of balance-of-payments adjustment responsibility among deficit and surplus countries.
(e) Broad and uniform application of import restricting actions Import restricting actions proclaimed pursuant to subsection (a) shall be of broad and uniform application with respect to product coverage except where the President determines, consistently with the purposes of this section, that certain articles should not be subject to import restricting actions because of the needs of the United States economy. Such exceptions shall be limited to the unavailability of domestic supply at reasonable prices, the necessary importation of raw materials, avoiding serious dislocations in the supply of imported goods, and other similar factors. In addition, uniform exceptions may be made where import restricting actions will be unnecessary or ineffective in carrying out the purposes of this section, such as with respect to articles already subject to import restrictions, goods in transit, or goods under binding contract. Neither the authorization of import restricting actions nor the determination of exceptions with respect to product coverage shall be made for the purpose of protecting individual domestic industries from import competition.
(f) Quantitative limitations Any quantitative limitation proclaimed pursuant to subparagraph (B) or (C) of subsection (a) on the quantity or value, or both, of an article—
(1) shall permit the importation of a quantity or value which is not less than the quantity or value of such article imported into the United States from the foreign countries to which such limitation applies during the most recent period which the President determines is representative of imports of such article, and
(2) shall take into account any increase since the end of such representative period in domestic consumption of such article and like or similar articles of domestic manufacture or production.
(g) Suspension, modification, or termination of proclamations The President may at any time, consistent with the provisions of this section, suspend, modify, or terminate, in whole or in part, any proclamation under this section either during the initial 150-day period of effectiveness or as extended by subsequent Act of Congress.
(h) Termination of tariff concessions No provision of law authorizing the termination of tariff concessions shall be used to impose a surcharge on imports into the United States.
(Pub. L. 93618, title I, § 122, Jan. 3, 1975, 88 Stat. 1987.)
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# 19 U.S.C. § 2133 - Compensation authority
## Text
(a) New concessions Whenever—
(1) any action taken under part 1 of subchapter II or subchapter III, or under part 2 of subchapter IV of this chapter; or
(2) any judicial or administrative tariff reclassification that becomes final after August 23, 1988;
increases or imposes any duty or other import restriction, the President—
(A) may enter into trade agreements with foreign countries or instrumentalities for the purpose of granting new concessions as compensation in order to maintain the general level of reciprocal and mutually advantageous concessions; and
(B) may proclaim such modification or continuance of any existing duty, or such continuance of existing duty-free or excise treatment, as he determines to be required or appropriate to carry out any such agreement.
(b) Reductions in rates of duty (1) No proclamation shall be made pursuant to subsection (a) decreasing any rate of duty to a rate which is less than 70 percent of the existing rate of duty.
(2) Where the rate of duty in effect at any time is an intermediate stage under section 2902(a) of this title, the proclamation made pursuant to subsection (a) may provide for the reduction of each rate of duty at each such stage proclaimed under such section 2902(a) of this title by not more than 30 percent of such rate of duty, and may provide for a final rate of duty which is not less than 70 percent of the rate of duty proclaimed as the final stage under such section 2902(a) of this title.
(3) If the President determines that such action will simplify the computation of the amount of duty imposed with respect to an article, he may exceed the limitations provided by paragraphs (1) and (2) of this subsection by not more than the lesser of—
(A) the difference between such limitation and the next lower whole number, or
(B) one-half of 1 percent ad valorem.
(4) Any concessions granted under subsection (a)(1) shall be reduced and terminated according to substantially the same time schedule for reduction applicable to the relevant action under sections 2253(e) and 2254 of this title.
(c) Consideration of past violations of trade concessions Before entering into any trade agreement under this section with any foreign country or instrumentality, the President shall consider whether such country or instrumentality has violated trade concessions of benefit to the United States and such violation has not been adequately offset by the action of the United States or by such country or instrumentality.
(d) Basic authority for trade agreements as authority for granting new concessions as compensation Notwithstanding the provisions of subsection (a), the authority delegated under section 2902 of this title shall be used for the purpose of granting new concessions as compensation within the meaning of this section until such authority terminates.
(e) International obligations determination prerequisite to application of authority The provisions of this section shall apply by reason of action taken under subchapter III only if the President determines that action authorized under this section is necessary or appropriate to meet the international obligations of the United States.
(Pub. L. 93618, title I, § 123, Jan. 3, 1975, 88 Stat. 1989; Pub. L. 100418, title I, §§ 1104, 1401(b)(1)(A), Aug. 23, 1988, 102 Stat. 1132, 1239; Pub. L. 106286, div. A, title I, § 104, Oct. 10, 2000, 114 Stat. 891.)
## Notes
Editorial Notes
Amendments2000—Subsec. (a)(1). Pub. L. 106286 inserted “, or under part 2 of subchapter IV of this chapter” after “subchapter III of this chapter”. 1988—Subsec. (a). Pub. L. 100418, § 1104(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Whenever any action has been taken under section 2253 of this title to increase or impose any duty or other import restriction, the President— “(1) may enter into trade agreements with foreign countries or instrumentalities for the purpose of granting new concessions as compensation in order to maintain the general level of reciprocal and mutually advantageous concessions; and “(2) may proclaim such modification or continuance of any existing duty, or such continuance of existing duty-free or excise treatment, as he determines to be required or appropriate to carry out any such agreement.” Subsec. (b)(2). Pub. L. 100418, § 1104(2), substituted “section 2902(a)” for “section 2119” and “such section 2902(a)” for “section 2111” in two places. Subsec. (b)(4). Pub. L. 100418, § 1401(b)(1)(A), substituted “action under sections 2253(e) and 2254 of this title” for “import relief under section 2253(h) of this title”. Subsec. (d). Pub. L. 100418, § 1104(3), substituted “section 2902” for “section 2111”. Subsec. (e). Pub. L. 100418, § 1104(4), added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1988 AmendmentAmendment by section 1401(b)(1)(A) of Pub. L. 100418 effective Aug. 23, 1988, and applicable with respect to investigations initiated under part 1 (§ 2251 et seq.) of subchapter III of this chapter on or after that date, see section 1401(c) of Pub. L. 100418, set out as a note under section 2251 of this title.
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# 19 U.S.C. § 2134 - Two-year residual authority to negotiate duties
## Text
(a) Trade agreements Whenever the President determines that any existing duties or other import restrictions of any foreign country or the United States are unduly burdening and restricting the foreign trade of the United States and that the purposes of this chapter will be promoted thereby, the President—
(1) may enter into trade agreements with foreign countries or instrumentalities thereof, and
(2) may proclaim such modification or continuance of any existing duty, such continuance of existing duty-free or excise treatment, or such additional duties, as he determines to be required or appropriate to carry out any such trade agreement.
(b) Maximum volume of imported articles subject to reduction of duties or continuance of duty-free or excise treatment Agreements entered into under this section in any 1-year period shall not provide for the reduction of duties, or the continuance of duty-free or excise treatment, for articles which account for more than 2 percent of the value of United States imports for the most recent 12-month period for which import statistics are available.
(c) Maximum reduction in duties (1) No proclamation shall be made pursuant to subsection (a) decreasing any rate of duty to a rate which is less than 80 percent of the existing rate of duty.
(2) No proclamation shall be made pursuant to subsection (a) decreasing or increasing any rate of duty to a rate which is lower or higher than the corresponding rate which would have resulted if the maximum authority granted by section 2111 of this title with respect to such article had been exercised.
(3) Where the rate of duty in effect at any time is an intermediate stage under section 2119 of this title, the proclamation made pursuant to subsection (a) may provide for the reduction of each rate of duty at each such stage proclaimed under section 2111 of this title by not more than 20 percent of such rate of duty, and, subject to the limitation in paragraph (2), may provide for a final rate of duty which is not less than 80 percent of the rate of duty proclaimed as the final stage under section 2111 of this title.
(4) If the President determines that such action will simplify the computation of the amount of duty imposed with respect to an article, he may exceed the limitations provided by paragraphs (1) and (2) of this subsection by not more than the lesser of—
(A) the difference between such limitation and the next lower whole number, or
(B) one-half of 1 percent ad valorem.
(d) Two-year period of authority Agreements may be entered into under this section only during the 2-year period which immediately follows the close of the period during which agreements may be entered into under section 2111 of this title.
(Pub. L. 93618, title I, § 124, Jan. 3, 1975, 88 Stat. 1990.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 93618, Jan. 3, 1975, 88 Stat. 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see References in Text note set out under section 2101 of this title and Tables.
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# 19 U.S.C. § 2135 - Termination and withdrawal authority
## Text
(a) Grant of authority for termination or withdrawal at end of period specified in agreement Every trade agreement entered into under this chapter shall be subject to termination, in whole or in part, or withdrawal, upon due notice, at the end of a period specified in the agreement. Such period shall be not more than 3 years from the date on which the agreement becomes effective. If the agreement is not terminated or withdrawn from at the end of the period so specified, it shall be subject to termination or withdrawal thereafter upon not more than 6 months notice.
(b) Authority to terminate proclamations at any time The President may at any time terminate, in whole or in part, any proclamation made under this chapter.
(c) Increased duties or other import restrictions following withdrawal, suspension, or modification of obligations with respect to trade of foreign countries or instrumentalities Whenever the United States, acting in pursuance of any of its rights or obligations under any trade agreement entered into pursuant to this chapter, section 1821 of this title, or section 1351 of this title, withdraws, suspends, or modifies any obligation with respect to the trade of any foreign country or instrumentality thereof, the President is authorized to proclaim increased duties or other import restrictions, to the extent, at such times, and for such periods as he deems necessary or appropriate, in order to exercise the rights or fulfill the obligations of the United States. No proclamation shall be made under this subsection increasing any existing duty to a rate more than 50 percent above the rate set forth in rate column numbered 2 of the Tariff Schedules of the United States, as in effect on January 1, 1975, or 20 percent ad valorem above the rate existing on January 1, 1975, whichever is higher.
(d) Retaliatory authority Whenever any foreign country or instrumentality withdraws, suspends, or modifies the application of trade agreement obligations of benefit to the United States without granting adequate compensation therefor, the President, in pursuance of rights granted to the United States under any trade agreement and to the extent necessary to protect United States economic interests (including United States balance of payments), may—
(1) withdraw, suspend, or modify the application of substantially equivalent trade agreement obligations of benefit to such foreign country or instrumentality, and
(2) proclaim under subsection (c) such increased duties or other import restrictions as are appropriate to effect adequate compensation from such foreign country or instrumentality.
(e) Continuation of duties or other import restrictions after termination of or withdrawal from agreements Duties or other import restrictions required or appropriate to carry out any trade agreement entered into pursuant to this chapter, section 1821 of this title, or section 1351 of this title shall not be affected by any termination, in whole or in part, of such agreement or by the withdrawal of the United States from such agreement and shall remain in effect after the date of such termination or withdrawal for 1 year, unless the President by proclamation provides that such rates shall be restored to the level at which they would be but for the agreement. Within 60 days after the date of any such termination or withdrawal, the President shall transmit to the Congress his recommendations as to the appropriate rates of duty for all articles which were affected by the termination or withdrawal or would have been so affected but for the preceding sentence.
(f) Public hearings Before taking any action pursuant to subsection (b), (c), or (d), the President shall provide for a public hearing during the course of which interested persons shall be given a reasonable opportunity to be present, to produce evidence, and to be heard, unless he determines that such prior hearings will be contrary to the national interest because of the need for expeditious action, in which case he shall provide for a public hearing promptly after such action.
(Pub. L. 93618, title I, § 125, Jan. 3, 1975, 88 Stat. 1991.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsecs. (b), (c), (e), was in the original “this Act”, meaning Pub. L. 93618, Jan. 3, 1975, 88 Stat. 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see References in Text note set out under section 2101 of this title and Tables. The Tariff Schedules of the United States, referred to in subsec. (c), to be treated as a reference to the Harmonized Tariff Schedule pursuant to section 3012 of this title. The Harmonized Tariff Schedule is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.
Statutory Notes and Related Subsidiaries
Authority To Increase Duties on Imports of Certain Tobacco and Tobacco ProductsPub. L. 103465, title IV, § 421, Dec. 8, 1994, 108 Stat. 4964, provided that: “(a) In General.—In the application of section 125(c) of the Trade Act of 1974 (19 U.S.C. 2135) with respect to any item provided for in subheadings 2401.10.60, 2401.20.30, 2401.20.80, 2401.30.30, 2401.30.60, 2401.30.90, 2403.10.00, 2403.91.40, or 2403.99.00 of the HTS, 350 shall be substituted for 20 where it appears in such section. “(b) Effective Date.—This section shall take effect on the date of the enactment of this Act [Dec. 8, 1994].”
Tariff Reductions Under Trade Agreements Act of 1979Pub. L. 9639, title V, § 502(b), July 26, 1979, 93 Stat. 251, provided that: “For purposes of section 125 (19 U.S.C. 2135) of the Trade Act of 1974 the amendments made under sections 508, 511, 512, and 513 [amending items 135.41, 135.42, 750.26, 750.27, 750.28, 870.45, 905.10, and 905.11 of the Tariff Schedules of the United States. See Publication of Tariff Schedules note under section 1202 of this title] not including the rates of duty appearing in rate column numbered 2, if any, shall be considered to be trade agreement obligations entered into under the Trade Act of 1974 [this chapter], of benefit to foreign countries or instrumentalities.” Pub. L. 9639, title VI, § 601(b), July 26, 1979, 93 Stat. 268, provided that: “For purposes of section 125 of the Trade Act of 1974 [this section], the amendments made under subsection (a), if any [amending the Tariff Schedules of the United States with regard to civil aircraft (see Publication of Tariff Schedules note under section 1202), and, amending section 1466 of this title], shall be considered to be trade agreement obligations entered into under the Trade Act of 1974 [this chapter] of benefit to foreign countries or instrumentalities.” Rates of duty proclaimed under section 855(a) of Pub. L. 9639 (covering spirits, spiritous beverages, and beverage preparations) to be deemed, for purposes of this section, a trade agreement obligation which is of benefit to a foreign country or instrumentality, and, in the case of any item affected by such a proclamation, the last sentence of subsec. (c) of this section to be applied as if it authorized (in addition to any increase authorized therein) an increase up to the rate of duty for such item set forth in rate column numbered 1 of subpart D of part 12 of schedule 1 of the Tariff Schedules of the United States (see Publication of Tariff Schedules note under section 1202 of this title) as amended by section 852 of Pub. L. 9639, see section 855(b) of Pub. L. 9639.
Review of International Trade in Alcoholic BeveragesPub. L. 9639, title VIII, § 854, July 26, 1979, 93 Stat. 294, provided that: “(a) Review.—The President shall review foreign tariff and nontariff barriers affecting United States exports of alcoholic beverages. Not later than January 1, 1982, the President shall report to the Congress the results of his review. “(b) Withdrawal of Concessions.—If, as the result of his review under subsection (a), the President determines that a foreign country or instrumentality has not implemented concessions to the United States affecting alcoholic beverages which were negotiated in trade agreements entered into before January 3, 1980, under the authority of title I of the Trade Act of 1974 [this subchapter], the President shall withdraw, suspend, or modify the application of substantially equivalent trade agreement obligations of benefit to such foreign country or instrumentality under section 125 of the Trade Act of 1974 (19 U.S.C. 2135). “(c) Further Negotiations To Remove Barriers.—If, as the result of his review under subsection (a), the President determines that foreign tariff or nontariff barriers are unduly burdening or restricting the United States exports of alcoholic beverages, he shall enter into negotiations under the Trade Act of 1974 [this chapter] to eliminate or reduce such barriers.”
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# 19 U.S.C. § 2136 - Reciprocal nondiscriminatory treatment
## Text
(a) Direct and indirect imports Except as otherwise provided in this chapter or in any other provision of law, any duty or other import restriction or duty-free treatment proclaimed in carrying out any trade agreement under this subchapter shall apply to products of all foreign countries, whether imported directly or indirectly.
(b) Presidential determination of whether major industrial countries have made substantially equivalent concessions to the United States The President shall determine, after the conclusion of all negotiations entered into under this chapter or at the end of the 5-year period beginning on January 3, 1975, whichever is earlier, whether any major industrial country has failed to make concessions under trade agreements entered into under this chapter which provide competitive opportunities for the commerce of the United States in such country substantially equivalent to the competitive opportunities, provided by concessions made by the United States under trade agreements entered into under this chapter, for the commerce of such country in the United States.
(c) Major industrial countries For purposes of this section, “major industrial country” means Canada, the European Economic Community, the individual member countries of such Community, Japan, and any other foreign country designated by the President for purposes of this subsection.
(Pub. L. 93618, title I, § 126, Jan. 3, 1975, 88 Stat. 1992; Pub. L. 105362, title XIV, § 1401(b)(1), Nov. 10, 1998, 112 Stat. 3294.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning Pub. L. 93618, Jan. 3, 1975, 88 Stat. 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see References in Text note set out under section 2101 of this title and Tables.
Amendments1998—Subsecs. (c), (d). Pub. L. 105362 redesignated subsec. (d) as (c) and struck out former subsec. (c) which related to recommendations to Congress for legislation following a Presidential determination that a major industrial country failed to grant equivalent concessions.
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# 19 U.S.C. § 2137 - Reservation of articles for national security or other reasons
## Text
(a) National security considerations No proclamation shall be made pursuant to the provisions of this chapter reducing or eliminating the duty or other import restriction on any article if the President determines that such reduction or elimination would threaten to impair the national security.
(b) Action taken under other laws While there is in effect with respect to any article any action taken under section 2253 of this title, or section 1862 or 1981 of this title, the President shall reserve such article from negotiations under this subchapter (and from any action under section 2132(c) of this title) contemplating reduction or elimination of—
(A) any duty on such article,
(B) any import restriction imposed under such section, or
(C) any other import restriction, the removal of which will be likely to undermine the effect of the import restrictions referred to in subparagraph (B).
In addition, the President shall also so reserve any other article which he determines to be appropriate, taking into consideration information and advice available pursuant to and with respect to the matters covered by sections 2151, 2152, and 2153 of this title, where applicable.
(Pub. L. 93618, title I, § 127(a), (b), Jan. 3, 1975, 88 Stat. 1993.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 93618, Jan. 3, 1975, 88 Stat. 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see References in Text note set out under section 2101 of this title and Tables.
Codification Section is comprised of subsecs. (a) and (b) of section 127 of act Jan. 3, 1975. Subsec. (c) of such section was classified to section 1863 of this title, prior to its repeal by Pub. L. 100418, title I, § 1501(b)(2), Aug. 23, 1988, 102 Stat. 1259, and subsec. (d) amended section 1862 of this title.
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# 19 U.S.C. § 2138 - Omitted
## Notes
Editorial Notes
Codification Section, Pub. L. 93618, title I, § 128, as added Pub. L. 98573, title III, § 308(b)(1), Oct. 30, 1984, 98 Stat. 3013; amended Pub. L. 99514, title XVIII, § 1887(b)(1), Oct. 22, 1986, 100 Stat. 2924; Pub. L. 100418, title I, §§ 1214(j)(1), 1215, Aug. 23, 1988, 102 Stat. 1158, 1163; Pub. L. 100647, title IX, § 9001(a)(3), Nov. 10, 1988, 102 Stat. 3806, related to modification and continuance of treatment with respect to duties on high technology products, was omitted pursuant to subsec. (c) which provided that the President could exercise authority under this section only during the 5-year period beginning on Oct. 30, 1984.
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# 19 U.S.C. § 2151 - Advice from International Trade Commission
## Text
(a) Lists of articles which may be considered for action (1) In connection with any proposed trade agreement under section 2133 of this title or subsection (a) or (b) of section 4202 of this title, the President shall from time to time publish and furnish the International Trade Commission (hereafter in this section referred to as the “Commission”) with lists of articles which may be considered for modification or continuance of United States duties, continuance of United States duty-free or excise treatment, or additional duties. In the case of any article with respect to which consideration may be given to reducing or increasing the rate of duty, the list shall specify the provision of this subchapter under which such consideration may be given.
(2) In connection with any proposed trade agreement under section 4202(b) of this title, the President may from time to time publish and furnish the Commission with lists of nontariff matters which may be considered for modification.
(b) Advice to President by Commission Within 6 months after receipt of a list under subsection (a) or, in the case of a list submitted in connection with a trade agreement, within 90 days after receipt of such list, the Commission shall advise the President, with respect to each article or nontariff matter, of its judgment as to the probable economic effect of modification of the tariff or nontariff measure on industries producing like or directly competitive articles and on consumers, so as to assist the President in making an informed judgment as to the impact which might be caused by such modifications on United States interests, such as sectors involved in manufacturing, agriculture, mining, fishing, services, intellectual property, investment, labor, and consumers. Such advice may include in the case of any article the advice of the Commission as to whether any reduction in the rate of duty should take place over a longer period of time than the minimum period provided for in section 4202(a)(4)(A) of this title.
(c) Additional investigations and reports requested by President or Trade Representative In addition, in order to assist the President in his determination whether to enter into any agreement under section 2133 of this title or section 4202(a) of this title, or how to develop trade policy, priorities or other matters (such as priorities for actions to improve opportunities in foreign markets), the Commission shall make such investigations and reports as may be requested by the President or the United States Trade Representative on matters such as effects of modification of any barrier to (or other distortion of) international trade on domestic workers, industries or sectors, purchasers, prices and quantities of articles in the United States.
(d) Commission steps in preparing its advice to President In preparing its advice to the President under this section, the Commission shall to the extent practicable—
(1) investigate conditions, causes, and effects relating to competition between the foreign industries producing the articles or services in question and the domestic industries producing the like or directly competitive articles or services;
(2) analyze the production, trade, and consumption of each like or directly competitive article or service, taking into consideration employment, profit levels, and use of productive facilities with respect to the domestic industries concerned, and such other economic factors in such industries as it considers relevant, including prices, wages, sales, inventories, patterns of demand, capital investment, obsolescence of equipment, and diversification of production;
(3) describe the probable nature and extent of any significant change in employment, profit levels, and use of productive facilities; the overall impact of such or other possible changes on the competitiveness of relevant domestic industries or sectors; and such other conditions as it deems relevant in the domestic industries or sectors concerned which it believes such modifications would cause; and
(4) make special studies (including studies of real wages paid in foreign supplying countries), whenever deemed to be warranted, of particular proposed modifications affecting United States manufacturing, agriculture, mining, fishing, labor, consumers, services, intellectual property and investment, using to the fullest extent practicable United States Government facilities abroad and appropriate personnel of the United States.
(e) Public hearings In preparing its advice to the President under this section, the Commission shall, after reasonable notice, hold public hearings.
(Pub. L. 93618, title I, § 131, Jan. 3, 1975, 88 Stat. 1994; Pub. L. 100418, title I, § 1111(a), Aug. 23, 1988, 102 Stat. 1135; Pub. L. 107210, div. B, title XXI, § 2110(a)(2), Aug. 6, 2002, 116 Stat. 1019; Pub. L. 11426, title I, § 110(a)(1), June 29, 2015, 129 Stat. 357.)
## Notes
Editorial Notes
Amendments2015—Subsec. (a)(1). Pub. L. 11426, § 110(a)(1)(A)(i), substituted “subsection (a) or (b) of section 4202 of this title” for “section 3803(a) or (b) of this title”. Subsec. (a)(2). Pub. L. 11426, § 110(a)(1)(A)(ii), substituted “section 4202(b) of this title” for “section 3803(b) of this title”. Subsec. (b). Pub. L. 11426, § 110(a)(1)(B), substituted “section 4202(a)(4)(A) of this title” for “section 3803(a)(3)(A) of this title”. Subsec. (c). Pub. L. 11426, § 110(a)(1)(C), substituted “section 4202(a) of this title” for “section 3803 of this title”. 2002—Subsec. (a)(1). Pub. L. 107210, § 2110(a)(2)(A)(i), substituted “section 2133 of this title or section 3803(a) or (b) of this title,” for “section 2133 of this title or section 2902(a) or (c) of this title,”. Subsec. (a)(2). Pub. L. 107210, § 2110(a)(2)(A)(ii), substituted “section 3803(b) of this title” for “section 2902(b) or (c) of this title”. Subsec. (b). Pub. L. 107210, § 2110(a)(2)(B), substituted “section 3803(a)(3)(A) of this title” for “section 2902(a)(3)(A) of this title”. Subsec. (c). Pub. L. 107210, § 2110(a)(2)(C), substituted “section 3803 of this title,” for “section 2902 of this title,”. 1988—Pub. L. 100418 amended section generally, substituting present provisions for provisions which related to: in subsec. (a), lists of articles which could be considered for modification or continuance of duties, duty-free or excise treatment, or additional duties; in subsec. (b), advice to President following receipt of list by Commission; in subsec. (c), additional investigations and reports requested by President; in subsec. (d), Commission steps in preparing its advice to President; and in subsec. (e), public hearings.
Executive Documents
Delegation of Authority For delegation of functions of President under div. B of Pub. L. 107210, amending this section, see section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of this title.
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# 19 U.S.C. § 2152 - Advice from executive departments and other sources
## Text
Before any trade agreement is entered into under section 2133 of this title or section 4202 of this title, the President shall seek information and advice with respect to such agreement from the Departments of Agriculture, Commerce, Defense, Interior, Labor, State and the Treasury, from the United States Trade Representative, and from such other sources as he may deem appropriate. Such advice shall be prepared and presented consistent with the provisions of Reorganization Plan Number 3 of 1979, Executive Order Number 12188 and section 2171(c) of this title.
(Pub. L. 93618, title I, § 132, Jan. 3, 1975, 88 Stat. 1995; Pub. L. 100418, title I, § 1111(a), Aug. 23, 1988, 102 Stat. 1137; Pub. L. 107210, div. B, title XXI, § 2110(a)(3), Aug. 6, 2002, 116 Stat. 1020; Pub. L. 11426, title I, § 110(a)(2), June 29, 2015, 129 Stat. 357.)
## Notes
Editorial Notes
References in TextReorganization Plan Number 3 of 1979, referred to in text, is set out as a note under section 2171 of this title. Executive Order Number 12188, referred to in text, is set out as a note under section 2171 of this title.
Amendments2015—Pub. L. 11426 substituted “section 4202 of this title” for “section 3803 of this title”. 2002—Pub. L. 107210 substituted “section 3803 of this title,” for “section 2902 of this title,”. 1988—Pub. L. 100418 amended section generally. Prior to amendment, section read as follows: “Before any trade agreement is entered into under part 1 of this subchapter or section 2133 or 2134 of this title, the President shall seek information and advice with respect to such agreement from the Departments of Agriculture, Commerce, Defense, Interior, Labor, State and the Treasury, from the United States Trade Representative, and from such other sources as he may deem appropriate.”
Executive Documents
Delegation of Authority For delegation of functions of President under div. B of Pub. L. 107210, amending this section, see section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of this title.
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# 19 U.S.C. § 2153 - Public hearings
## Text
(a) Opportunity for presentation of views In connection with any proposed trade agreement under section 2133 of this title or section 4202 of this title, the President shall afford an opportunity for any interested person to present his views concerning any article on a list published under section 2151 of this title, any matter or article which should be so listed, any concession which should be sought by the United States, or any other matter relevant to such proposed trade agreement. For this purpose, the President shall designate an agency or an interagency committee which shall, after reasonable notice, hold public hearings and prescribe regulations governing the conduct of such hearings. When appropriate, such procedures shall apply to the development of trade policy and priorities.
(b) Summary of hearings The organization holding such hearing shall furnish the President with a summary thereof.
(Pub. L. 93618, title I, § 133, Jan. 3, 1975, 88 Stat. 1995; Pub. L. 100418, title I, § 1111(a), Aug. 23, 1988, 102 Stat. 1137; Pub. L. 107210, div. B, title XXI, § 2110(a)(3), Aug. 6, 2002, 116 Stat. 1020; Pub. L. 11426, title I, § 110(a)(3), June 29, 2015, 129 Stat. 357.)
## Notes
Editorial Notes
Amendments2015—Subsec. (a). Pub. L. 11426 substituted “section 4202 of this title” for “section 3803 of this title”. 2002—Subsec. (a). Pub. L. 107210 substituted “section 3803 of this title,” for “section 2902 of this title,”. 1988—Pub. L. 100418 amended section generally. Prior to amendment, section read as follows: “(a) In connection with any proposed trade agreement under part 1 of this subchapter or section 2133 or 2134 of this title, the President shall afford an opportunity for any interested person to present his views concerning any article on a list published pursuant to section 2151 of this title, any article which should be so listed, any concession which should be sought by the United States, or any other matter relevant to such proposed trade agreement. For this purpose, the President shall designate an agency or an interagency committee which shall, after reasonable notice, hold public hearings and prescribe regulations governing the conduct of such hearings. “(b) The organization holding such hearings shall furnish the President with a summary thereof.”
Executive Documents
Delegation of Authority For delegation of functions of President under div. B of Pub. L. 107210, amending this section, see section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of this title.
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# 19 U.S.C. § 2154 - Prerequisites for offers
## Text
(a) In any negotiation seeking an agreement under section 2133 of this title or section 4202 of this title, the President may make a formal offer for the modification or continuance of any United States duty, import restrictions, or barriers to (or other distortions of) international trade, the continuance of United States duty-free or excise treatment, or the imposition of additional duties, import restrictions, or other barrier to (or other distortion of) international trade including trade in services, foreign direct investment and intellectual property as covered by this subchapter, with respect to any article or matter only after he has received a summary of the hearings at which an opportunity to be heard with respect to such article has been afforded under section 2153 of this title. In addition, the President may make an offer for the modification or continuance of any United States duty, the continuance of United States duty-free or excise treatment, or the imposition of additional duties, with respect to any article included in a list published and furnished under section 2151(a) of this title, only after he has received advice concerning such article from the Commission under section 2151(b) of this title, or after the expiration of the 6-month or 90-day period provided for in that section, as appropriate, whichever first occurs.
(b) In determining whether to make offers described in subsection (a) in the course of negotiating any trade agreement under section 4202 of this title, and in determining the nature and scope of such offers, the President shall take into account any advice or information provided, or reports submitted, by—
(1) the Commission;
(2) any advisory committee established under section 2155 of this title; or
(3) any organization that holds public hearings under section 2153 of this title;
with respect to any article, or domestic industry, that is sensitive, or potentially sensitive, to imports.
(Pub. L. 93618, title I, § 134, Jan. 3, 1975, 88 Stat. 1995; Pub. L. 100418, title I, § 1111(a), Aug. 23, 1988, 102 Stat. 1137; Pub. L. 107210, div. B, title XXI, § 2110(a)(3), (4), Aug. 6, 2002, 116 Stat. 1020; Pub. L. 11426, title I, § 110(a)(4), June 29, 2015, 129 Stat. 357.)
## Notes
Editorial Notes
Amendments2015—Pub. L. 11426 substituted “section 4202 of this title” for “section 3803 of this title” in two places. 2002—Subsec. (a). Pub. L. 107210, § 2110(a)(3), substituted “section 3803 of this title,” for “section 2902 of this title,”. Subsec. (b). Pub. L. 107210, § 2110(a)(4), substituted “section 3803 of this title” for “section 2902 of this title” in introductory provisions. 1988—Pub. L. 100418 amended section generally. Prior to amendment, section read as follows: “In any negotiations seeking an agreement under part 1 of this subchapter or section 2133 or 2134 of this title, the President may make an offer for the modification or continuance of any United States duty, import restrictions, or barriers to (or other distortions of) international trade, the continuance of United States duty-free or excise treatment, or the imposition of additional duties, import restriction, or other barrier to (or other distortion of) international trade, with respect to any article only after he has received a summary of the hearings at which an opportunity to be heard with respect to such article has been afforded under section 2153 of this title. In addition, the President may make an offer for the modification or continuance of any United States duty, the continuance of United States duty-free or excise treatment, or the imposition of additional duties, with respect to any article included in a list published and furnished under section 2151(a) of this title, only after he has received advice concerning such article from the International Trade Commission under section 2151(b) of this title, or after the expiration of the 6-month or 90-day period provided for in that section, as appropriate, whichever first occurs.”
Executive Documents
Delegation of Authority For delegation of functions of President under div. B of Pub. L. 107210, amending this section, see section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of this title.
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title: "19 U.S.C. § 2191"
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# 19 U.S.C. § 2191 - Bills implementing trade agreements on nontariff barriers and resolutions approving commercial agreements with Communist countries
## Text
(a) Rules of House of Representatives and Senate This section and sections 2192 and 2193 of this title are enacted by the Congress—
(1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of implementing bills described in subsection (b)(1), implementing revenue bills described in subsection (b)(2), approval resolutions described in subsection (b)(3), and resolutions described in sections 2192(a) and 2193(a) of this title; and they supersede other rules only to the extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.
(b) Definitions For purposes of this section—
(1) The term “implementing bill” means only a bill of either House of Congress which is introduced as provided in subsection (c) with respect to one or more trade agreements, or with respect to an extension described in section 3572(c)(3) of this title, submitted to the House of Representatives and the Senate under section 2112 of this title, section 3572 of this title, or section 4205(a)(1) of this title and which contains—
(A) a provision approving such trade agreement or agreements or such extension,
(B) a provision approving the statement of administrative action (if any) proposed to implement such trade agreement or agreements, and
(C) if changes in existing laws or new statutory authority is required to implement such trade agreement or agreements or such extension, provisions, necessary or appropriate to implement such trade agreement or agreements or such extension, either repealing or amending existing laws or providing new statutory authority.
(2) The term “implementing revenue bill or resolution” means an implementing bill, or approval resolution, which contains one or more revenue measures by reason of which it must originate in the House of Representatives.
(3) The term “approval resolution” means only a joint resolution of the two Houses of the Congress, the matter after the resolving clause of which is as follows: “That the Congress approves the extension of nondiscriminatory treatment with respect to the products of ____ transmitted by the President to the Congress on ____.”, the first blank space being filled with the name of the country involved and the second blank space being filled with the appropriate date.
(c) Introduction and referral (1) On the day on which a trade agreement or extension is submitted to the House of Representatives and the Senate under section 2112 of this title, section 3572 of this title, or section 4205(a)(1) of this title, the implementing bill submitted by the President with respect to such trade agreement or extension shall be introduced (by request) in the House by the majority leader of the House, for himself and the minority leader of the House, or by Members of the House designated by the majority leader and minority leader of the House; and shall be introduced (by request) in the Senate by the majority leader of the Senate, for himself and the minority leader of the Senate, or by Members of the Senate designated by the majority leader and minority leader of the Senate. If either House is not in session on the day on which such a trade agreement or extension is submitted, the implementing bill shall be introduced in that House, as provided in the preceding sentence, on the first day thereafter on which that House is in session. Such bills shall be referred by the Presiding Officers of the respective Houses to the appropriate committee, or, in the case of a bill containing provisions within the jurisdiction of two or more committees, jointly to such committees for consideration of those provisions within their respective jurisdictions.
(2) On the day on which a bilateral commercial agreement, entered into under subchapter IV of this chapter after January 3, 1975, is transmitted to the House of Representatives and the Senate, an approval resolution with respect to such agreement shall be introduced (by request) in the House by the majority leader of the House, for himself and the minority leader of the House, or by Members of the House designated by the majority leader and minority leader of the House; and shall be introduced (by request) in the Senate by the majority leader of the Senate, for himself and the minority leader of the Senate, or by Members of the Senate designated by the majority leader and minority leader of the Senate. If either House is not in session on the day on which such an agreement is transmitted, the approval resolution with respect to such agreement shall be introduced in that House, as provided in the preceding sentence, on the first day thereafter on which that House is in session. The approval resolution introduced in the House shall be referred to the Committee on Ways and Means and the approval resolution introduced in the Senate shall be referred to the Committee on Finance.
(d) Amendments prohibited No amendment to an implementing bill or approval resolution shall be in order in either the House of Representatives or the Senate; and no motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House for the Presiding Officer to entertain a request to suspend the application of this subsection by unanimous consent.
(e) Period for committee and floor consideration (1) Except as provided in paragraph (2), if the committee or committees of either House to which an implementing bill or approval resolution has been referred have not reported it at the close of the 45th day after its introduction, such committee or committees shall be automatically discharged from further consideration of the bill or resolution and it shall be placed on the appropriate calendar. A vote on final passage of the bill or resolution shall be taken in each House on or before the close of the 15th day after the bill or resolution is reported by the committee or committees of that House to which it was referred, or after such committee or committees have been discharged from further consideration of the bill or resolution. If prior to the passage by one House of an implementing bill or approval resolution of that House, that House receives the same implementing bill or approval resolution from the other House, then—
(A) the procedure in that House shall be the same as if no implementing bill or approval resolution had been received from the other House, but
(B) the vote on final passage shall be on the implementing bill or approval resolution of the other House.
(2) The provisions of paragraph (1) shall not apply in the Senate to an implementing revenue bill or resolution. An implementing revenue bill or resolution received from the House shall be referred to the appropriate committee or committees of the Senate. If such committee or committees have not reported such bill or resolution at the close of the 15th day after its receipt by the Senate (or, if later, before the close of the 45th day after the corresponding implementing revenue bill or resolution was introduced in the Senate), such committee or committees shall be automatically discharged from further consideration of such bill or resolution and it shall be placed on the calendar. A vote on final passage of such bill or resolution shall be taken in the Senate on or before the close of the 15th day after such bill or resolution is reported by the committee or committees of the Senate to which it was referred, or after such committee or committees have been discharged from further consideration of such bill or resolution.
(3) For purposes of paragraphs (1) and (2), in computing a number of days in either House, there shall be excluded any day on which that House is not in session.
(f) Floor consideration in the House (1) A motion in the House of Representatives to proceed to the consideration of an implementing bill or approval resolution shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
(2) Debate in the House of Representatives on an implementing bill or approval resolution shall be limited to not more than 20 hours, which shall be divided equally between those favoring and those opposing the bill or resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit an implementing bill or approval resolution or to move to reconsider the vote by which an implementing bill or approval resolution is agreed to or disagreed to.
(3) Motions to postpone, made in the House of Representatives with respect to the consideration of an implementing bill or approval resolution, and motions to proceed to the consideration of other business, shall be decided without debate.
(4) All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to an implementing bill or approval resolution shall be decided without debate.
(5) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of an implementing bill or approval resolution shall be governed by the Rules of the House of Representatives applicable to other bills and resolutions in similar circumstances.
(g) Floor consideration in the Senate (1) A motion in the Senate to proceed to the consideration of an implementing bill or approval resolution shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
(2) Debate in the Senate on an implementing bill or approval resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees.
(3) Debate in the Senate on any debatable motion or appeal in connection with an implementing bill or approval resolution shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill or resolution, except that in the event the manager of the bill or resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of an implementing bill or approval resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal.
(4) A motion in the Senate to further limit debate is not debatable. A motion to recommit an implementing bill or approval resolution is not in order.
(Pub. L. 93618, title I, § 151, Jan. 3, 1975, 88 Stat. 2001; Pub. L. 100418, title I, § 1107(b)(1), Aug. 23, 1988, 102 Stat. 1135; Pub. L. 101382, title I, § 132(b)(2), Aug. 20, 1990, 104 Stat. 645; Pub. L. 103465, title II, § 282(c)(4), Dec. 8, 1994, 108 Stat. 4929; Pub. L. 107210, div. B, title XXI, § 2110(a)(1), Aug. 6, 2002, 116 Stat. 1019; Pub. L. 11426, title I, § 110(a)(6), June 29, 2015, 129 Stat. 358.)
## Notes
Editorial Notes
Amendments2015—Subsecs. (b)(1), (c)(1). Pub. L. 11426, § 110(a)(6), substituted “section 4205(a)(1) of this title” for “section 3805(a)(1) of this title”. 2002—Subsec. (b)(1). Pub. L. 107210, § 2110(a)(1)(A), substituted “section 3572 of this title, or section 3805(a)(1) of this title” for “section 2903(a)(1) of this title, or section 3572 of this title” in introductory provisions. Subsec. (c)(1). Pub. L. 107210, § 2110(a)(1)(B), substituted “, section 3572 of this title, or section 3805(a)(1) of this title” for “or section 3572 of this title”. 1994—Subsec. (b)(1). Pub. L. 103465, § 282(c)(4)(A), in introductory provisions, inserted “, or with respect to an extension described in section 3572(c)(3) of this title,” after “trade agreements” and substituted “, section 2903(a)(1) of this title, or section 3572 of this title” for “or section 2903(a)(1) of this title”, and in subpars. (A) and (C), inserted “or such extension” after “agreements” wherever appearing. Subsec. (c)(1). Pub. L. 103465, § 282(c)(4)(B), inserted “or section 3572 of this title” after “section 2112 of this title” and “or extension” after “agreement” wherever appearing. 1990—Subsec. (b)(2). Pub. L. 101382, § 132(b)(2)(A), (B), inserted “or resolution” after “revenue bill” and “, or approval resolution,” after “implementing bill”. Subsec. (b)(3). Pub. L. 101382, § 132(b)(2)(C), substituted “joint” for “concurrent”. Subsec. (e)(2). Pub. L. 101382, § 132(b)(2)(D), (E), substituted “revenue bill or resolution” for “revenue bill” in three places and “such bill or resolution” for “such bill” in five places. 1988—Subsec. (b)(1). Pub. L. 100418 inserted reference to section 2903(a)(1) of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103465 effective, except as otherwise provided, on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), and applicable with respect to investigations, reviews, and inquiries initiated and petitions filed under specified provisions of subtitle IV (§ 1671 et seq.) of chapter 4 of this title after such date, see section 291 of Pub. L. 103465, set out as a note under section 1671 of this title.
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# 19 U.S.C. § 2192 - Resolutions disapproving certain actions
## Text
(a) Contents of resolutions (1) For purposes of this section, the term “resolution” means only—
(A) a joint resolution of the two Houses of the Congress, the matter after the resolving clause of which is as follows: “That the Congress does not approve the action taken by, or the determination of, the President under section 203 of the Trade Act of 1974 transmitted to the Congress on ___.”, the blank space being filled with the appropriate date; and
(B) a joint resolution of the two Houses of Congress, the matter after the resolving clause of which is as follows: “That the Congress does not approve ___ transmitted to the Congress on ___.”, with the first blank space being filled in accordance with paragraph (2), and the second blank space being filled with the appropriate date.
(2) The first blank space referred to in paragraph (1)(B) shall be filled, in the case of a resolution referred to in section 2437(c)(2) of this title, with the phrase “the report of the President submitted under section ___ of the Trade Act of 1974 with respect to ___” (with the first blank space being filled with “402(b)” or “409(b)”, as appropriate, and the second blank space being filled with the name of the country involved).
(b) Reference to committees All resolutions introduced in the House of Representatives shall be referred to the Committee on Ways and Means and all resolutions introduced in the Senate shall be referred to the Committee on Finance.
(c) Discharge of committees (1) If the committee of either House to which a resolution has been referred has not reported it at the end of 30 days after its introduction, not counting any day which is excluded under section 2194(b) of this title, it is in order to move either to discharge the committee from further consideration of the resolution or to discharge the committee from further consideration of any other resolution introduced with respect to the same matter, except that a motion to discharge—
(A) may only be made on the second legislative day after the calendar day on which the Member making the motion announces to the House his intention to do so; and
(B) is not in order after the Committee 11 So in original. Probably should not be capitalized. has reported a resolution with respect to the same matter.
(2) A motion to discharge under paragraph (1) may be made only by an individual favoring the resolution, and is highly privileged in the House and privileged in the Senate; and debate thereon shall be limited to not more than 1 hour, the time to be divided in the House equally between those favoring and those opposing the resolution, and to be divided in the Senate equally between, and controlled by, the majority leader and the minority leader or their designees. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
(d) Floor consideration in the House (1) A motion in the House of Representatives to proceed to the consideration of a resolution shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
(2) Debate in the House of Representatives on a resolution shall be limited to not more than 20 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate shall not be debatable. No amendment to, or motion to recommit, the resolution shall be in order. It shall not be in order to move to reconsider the vote by which a resolution is agreed to or disagreed to.
(3) Motions to postpone, made in the House of Representatives with respect to the consideration of a resolution, and motions to proceed to the consideration of other business, shall be decided without debate.
(4) All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a resolution shall be decided without debate.
(5) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a resolution in the House of Representatives shall be governed by the Rules of the House of Representatives applicable to other resolutions in similar circumstances.
(e) Floor consideration in the Senate (1) A motion in the Senate to proceed to the consideration of a resolution shall be privileged. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
(2) Debate in the Senate on a resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees.
(3) Debate in the Senate on any debatable motion or appeal in connection with a resolution shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the resolution, except that in the event the manager of the resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal.
(4) A motion in the Senate to further limit debate on a resolution, debatable motion, or appeal is not debatable. No amendment to, or motion to recommit, a resolution is in order in the Senate.
(f) Procedures in the Senate (1) Except as otherwise provided in this section, the following procedures shall apply in the Senate to a resolution to which this section applies:
(A) (i) Except as provided in clause (ii), a resolution that has passed the House of Representatives shall, when received in the Senate, be referred to the Committee on Finance for consideration in accordance with this section.
(ii) If a resolution to which this section applies was introduced in the Senate before receipt of a resolution that has passed the House of Representatives, the resolution from the House of Representatives shall, when received in the Senate, be placed on the calendar. If this clause applies, the procedures in the Senate with respect to a resolution introduced in the Senate that contains the identical matter as the resolution that passed the House of Representatives shall be the same as if no resolution had been received from the House of Representatives, except that the vote on passage in the Senate shall be on the resolution that passed the House of Representatives.
(B) If the Senate passes a resolution before receiving from the House of Representatives a joint resolution that contains the identical matter, the joint resolution shall be held at the desk pending receipt of the joint resolution from the House of Representatives. Upon receipt of the joint resolution from the House of Representatives, such joint resolution shall be deemed to be read twice, considered, read the third time, and passed.
(2) If the texts of joint resolutions described in this section or section 2193(a) of this title, whichever is applicable, concerning any matter are not identical—
(A) the Senate shall vote passage on the resolution introduced in the Senate, and
(B) the text of the joint resolution passed by the Senate shall, immediately upon its passage (or, if later, upon receipt of the joint resolution passed by the House), be substituted for the text of the joint resolution passed by the House of Representatives, and such resolution, as amended, shall be returned with a request for a conference between the two Houses.
(3) Consideration in the Senate of any veto message with respect to a joint resolution described in subsection (a)(2)(B) or section 2193(a) of this title, including consideration of all debatable motions and appeals in connection therewith, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees.
(Pub. L. 93618, title I, § 152, Jan. 3, 1975, 88 Stat. 2004; Pub. L. 9639, title IX, § 902(a)(1), title XI, § 1106(c)(5), July 26, 1979, 93 Stat. 299, 312; Pub. L. 98573, title II, § 248(b), Oct. 30, 1984, 98 Stat. 2998; Pub. L. 101382, title I, § 132(c)(2)(5), Aug. 20, 1990, 104 Stat. 646, 647; Pub. L. 103465, title II, § 261(d)(1)(A)(ii), Dec. 8, 1994, 108 Stat. 4909; Pub. L. 104295, § 20(b)(10), Oct. 11, 1996, 110 Stat. 3527.)
## Notes
Editorial Notes
References in TextSection 203 of the Trade Act of 1974, referred to in subsec. (a)(1)(A), is section 203 of Pub. L. 93618, title II, Jan. 3, 1975, 88 Stat. 2015, which is classified to section 2253 of this title. Sections 402(b) and 409(b) of the Trade Act of 1974, referred to in subsec. (a)(2), are sections 402(b) and 409(b) of Pub. L. 93618, title IV, Jan. 3, 1975, 88 Stat. 2060, 2064, respectively, which are classified to sections 2432 and 2439 of this title, respectively.
Amendments1996—Subsec. (a)(2). Pub. L. 104295 amended directory language of Pub. L. 103465. See 1994 Amendment note below. 1994—Subsec. (a)(2). Pub. L. 103465, as amended by Pub. L. 104295, substituted comma for “as follows:” after “shall be filled” in introductory provisions, struck out “(B)” before “in the case”, and struck out subpar. (A) which read as follows: “in the case of a resolution referred to in section 1303(e) of this title, with the phrase the determination of the Secretary of the Treasury under section 303(d) of the Tariff Act of 1930; and”. 1990—Subsec. (a)(1)(B). Pub. L. 101382, § 132(c)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “a resolution of either House of the Congress, the matter after the resolving clause of which is as follows: That the ___ does not approve ___ transmitted to the Congress on ___., with the first blank space being filled with the name of the resolving House, the second blank space being filled in accordance with paragraph (2), and the third blank space being filled with the appropriate date.” Subsec. (a)(2). Pub. L. 101382, § 132(c)(3), substituted “first” for “second” in introductory provisions and “2437(c)(2)” for “2437(c)(3)” in subpar. (C), redesignated subpar. (C) as (B), and struck out former subpar. (B) which read as follows: “in the case of a resolution referred to in section 2437(c)(2) of this title, with the phrase the extension of nondiscriminatory treatment with respect to the products of ___ (with this blank space being filled with the name of the country involved); and”. Subsec. (c)(1). Pub. L. 101382, § 132(c)(4), substituted “except that a motion to discharge— “(A) may only be made on the second legislative day after the calendar day on which the Member making the motion announces to the House his intention to do so; and “(B) is not in order after the Committee has reported a resolution with respect to the same matter” for “except no motion to discharge shall be in order after the committee has reported a resolution with respect to the same matter”. Subsec. (f). Pub. L. 101382, § 132(c)(5), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “In the case of a resolution described in subsection (a)(1) of this section, if prior to the passage by one House of a resolution of that House, that House receives a resolution with respect to the same matter from the other House, then— “(1) the procedure in that House shall be the same as if no resolution had been received from the other House; but “(2) the vote on final passage shall be on the resolution of the other House.” 1984—Subsec. (a)(1)(A). Pub. L. 98573 substituted “joint resolution” for “concurrent resolution”. 1979—Subsec. (a)(1)(A). Pub. L. 9639, § 902(a)(1)(A), substituted “does not approve the action taken by, or the determination of, the President under section 203 of the Trade Act of 1974 transmitted to the Congress on ___., the blank space being filled with the appropriate date” for “does not approve ___ transmitted to the Congress on ___., the first blank space being filled in accordance with paragraph (2) and the second blank space being filled with the appropriate date”. Subsec. (a)(1)(B). Pub. L. 9639, § 902(a)(1)(B), substituted “paragraph (2),” for “paragraph (3),”. Subsec. (a)(2), (3). Pub. L. 9639, § 902(a)(1)(C), (D), redesignated par. (3) as (2). Former par. (2), relating to the first blank space referred to in subsec. (a)(1)(A), was struck out. Subsec. (c)(1). Pub. L. 9639, § 1106(c)(5), substituted “section 2194(b) of this title” for “section 2193(b) of this title”.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103465 effective on the effective date of title II of Pub. L. 103465, Jan. 1, 1995, see section 261(d)(2) of Pub. L. 103465, set out as a note under section 1315 of this title.
Effective Date of 1990 AmendmentAmendment by section 132(c)(4) and (5) of Pub. L. 101382 applicable with respect to recommendations made under section 2432(d) of this title by the President after May 23, 1990, see section 132(d) of Pub. L. 101382, set out as a note under section 2432 of this title.
Effective Date of 1984 AmendmentAmendment by Pub. L. 98573 effective on 15th day after Oct. 30, 1984, see section 214(a), (b) of Pub. L. 98573, set out as a note under section 1304 of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective July 26, 1979, see sections 903 and 1114 of Pub. L. 9639, set out as Effective Date notes under sections 2411 and 2581 of this title, respectively.
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# 19 U.S.C. § 2193 - Resolutions relating to extension of waiver authority under section 402 of the Trade Act of 1974
## Text
(a) Contents of resolution For purposes of this section, the term “resolution” means only a joint resolution of the two Houses of Congress, the matter after the resolving clause of which is as follows: “That the Congress does not approve the extension of the authority contained in section 402(c) of the Trade Act of 1974 recommended by the President to the Congress on ___ with respect to ___.”, with the first blank space being filled with the appropriate date, and the second blank space being filled with the names of those countries, if any, with respect to which such extension of authority is not approved, and with the clause beginning with “with respect to” being omitted if the extension of the authority is not approved with respect to any country.
(b) Application of rules of section 2192 of this title; exceptions (1) Except as provided in this section, the provisions of section 2192 of this title shall apply to resolutions described in subsection (a).
(2) In applying section 2192(c)(1) of this title, all calendar days shall be counted.
(3) That part of section 2192(d)(2) of this title which provides that no amendment is in order shall not apply to any amendment to a resolution which is limited to striking out or inserting the names of one or more countries or to striking out or inserting a with-respect-to clause. Debate in the House of Representatives on any amendment to a resolution shall be limited to not more than 1 hour which shall be equally divided between those favoring and those opposing the amendment. A motion in the House to further limit debate on an amendment to a resolution is not debatable.
(4) That part of section 2192(e)(4) of this title which provides that no amendment is in order shall not apply to any amendment to a resolution which is limited to striking out or inserting the names of one or more countries or to striking out or inserting a with-respect-to clause. The time limit on a debate on a resolution in the Senate under section 2192(e)(2) of this title shall include all amendments to a resolution. Debate in the Senate on any amendment to a resolution shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the resolution, except that in the event the manager of the resolution is in favor of any such amendment, the time in opposition thereto shall be controlled by the minority leader or his designee. The majority leader and minority leader may, from time under their control on the passage of a resolution, allot additional time to any Senator during the consideration of any amendment. A motion in the Senate to further limit debate on an amendment to a resolution is not debatable.
(c) Consideration of second resolution not in order It shall not be in order in either the House of Representatives or the Senate to consider a resolution with respect to a recommendation of the President under section 2432(d) of this title (other than a resolution described in subsection (a) received from the other House), if that House has adopted a resolution with respect to the same recommendation.
(d) Procedures relating to conference reports in the Senate (1) Consideration in the Senate of the conference report on any joint resolution described in subsection (a), including consideration of all amendments in disagreement (and all amendments thereto), and consideration of all debatable motions and appeals in connection therewith, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees. Debate on any debatable motion or appeal related to the conference report shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the conference report.
(2) In any case in which there are amendments in disagreement, time on each amendment shall be limited to 30 minutes, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee. No amendment to any amendment in disagreement shall be received unless it is a germane amendment.
(Pub. L. 93618, title I, § 153, Jan. 3, 1975, 88 Stat. 2006; Pub. L. 101382, title I, § 132(a)(3)(6), Aug. 20, 1990, 104 Stat. 644, 645.)
## Notes
Editorial Notes
References in TextSection 402 of the Trade Act of 1974, referred to in catchline and subsec. (a), is classified to section 2432 of this title.
Amendments1990—Subsec. (a). Pub. L. 101382, § 132(a)(3), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “For purposes of this section, the term resolution means only— “(1) a concurrent resolution of the two Houses of the Congress, the matter after the resolving clause of which is as follows: That the Congress approves the extension of the authority contained in section 402(c)(1) of the Trade Act of 1974 recommended by the President to the Congress on ___, except with respect to ___., with the first blank space being filled with the appropriate date and the second blank space being filled with the names of those countries, if any, with respect to which such extension of authority is not approved, and with the except clause being omitted if there is no such country; and “(2) a resolution of either House of the Congress, the matter after the resolving clause of which is as follows: That the ___ does not approve the extension of the authority contained in section 402(c) of the Trade Act of 1974 recommended by the President to the Congress on ___ with respect to ___., with the first blank space being filled with the name of the resolving House, the second blank space being filled with the appropriate date, and the third blank space being filled with the names of those countries, if any, with respect to which such extension of authority is not approved, and with the with-respect-to clause being omitted if the extension of the authority is not approved with respect to any country.” Subsec. (b). Pub. L. 101382, § 132(a)(4), in par. (2), struck out provisions substituting 20 days for 30 days in resolution related to section 2432(d)(4) of this title, and in pars. (3) and (4), struck out provisions relating to except clause in resolutions under subsec. (a)(1) and provisions identifying with-respect-to clause as relating to resolutions under subsec. (a)(2). Subsec. (c). Pub. L. 101382, § 132(a)(5), substituted “subsection (a)” for “subsection (a)(1)”. Subsec. (d). Pub. L. 101382, § 132(a)(6), added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentAmendment by Pub. L. 101382 applicable with respect to recommendations made under section 2432(d) of this title by the President after May 23, 1990, see section 132(d) of Pub. L. 101382, set out as a note under section 2432 of this title.
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# 19 U.S.C. § 2194 - Special rules relating to Congressional procedures
## Text
(a) Delivery of documents to both Houses Whenever, pursuant to section 2112(e), 2253(b), 2432(d), or 2437(a) or (b), a document is required to be transmitted to the Congress, copies of such document shall be delivered to both Houses of Congress on the same day and shall be delivered to the Clerk of the House of Representatives if the House is not in session and to the Secretary of the Senate if the Senate is not in session.
(b) Computation of 90-day period For purposes of sections 2253(c) and 2437(c)(2) of this title, the 90-day period referred to in such sections shall be computed by excluding—
(1) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain or an adjournment of the Congress sine die, and
(2) any Saturday and Sunday, not excluded under paragraph (1), when either House is not in session.
(Pub. L. 93618, title I, § 154, Jan. 3, 1975, 88 Stat. 2008; Pub. L. 9639, title IX, § 902(a)(2), July 26, 1979, 93 Stat. 300; Pub. L. 101382, title I, § 132(c)(6), Aug. 20, 1990, 104 Stat. 647; Pub. L. 103465, title II, § 261(d)(1)(A)(iii), Dec. 8, 1994, 108 Stat. 4909; Pub. L. 10636, title I, § 1001(a)(5), June 25, 1999, 113 Stat. 130.)
## Notes
Editorial Notes
Amendments1999—Subsec. (b). Pub. L. 10636 substituted “For purposes of sections 2253(c) and 2437(c)(2) of this title, the 90-day period” for “For purposes of sections 2253(c), and 2437(c)(2) of this title, the 90-day period” in introductory provisions. 1994—Subsec. (a). Pub. L. 103465 struck out reference to section 1303(e) of this title. 1990—Subsec. (b). Pub. L. 101382, which directed the substitution of “and 2437(c)(2)” for “2437(c)(2) and 2437(c)(3)”, was executed by making the substitution for “2437(c)(2), and 2437(c)(3)” to reflect the probable intent of Congress. 1979—Subsec. (a). Pub. L. 9639 struck out reference to section 2412(a) of this title. Subsec. (b). Pub. L. 9639 struck out reference to section 2412(b) of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103465 effective on the effective date of title II of Pub. L. 103465, Jan. 1, 1995, see section 261(d)(2) of Pub. L. 103465, set out as a note under section 1315 of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective July 26, 1979, see section 903 of Pub. L. 9639, set out as an Effective Date note under section 2411 of this title.
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# 19 U.S.C. § 2211 - Congressional advisers for trade policy and negotiations
## Text
(a) Selection (1) At the beginning of each regular session of Congress, the Speaker of the House of Representatives, upon the recommendation of the chairman of the Committee on Ways and Means, shall select 5 members (not more than 3 of whom are members of the same political party) of such committee, and the President pro tempore of the Senate, upon the recommendation of the chairman of the Committee on Finance, shall select 5 members (not more than 3 of whom are members of the same political party) of such committee, who shall be designated congressional advisers on trade policy and negotiations. They shall provide advice on the development of trade policy and priorities for the implementation thereof. They shall also be accredited by the United States Trade Representative on behalf of the President as official advisers to the United States delegations to international conferences, meetings, and negotiating sessions relating to trade agreements.
(2) (A) In addition to the advisers designated under paragraph (1) from the Committee on Ways and Means and the Committee on Finance—
(i) the Speaker of the House may select additional members of the House, for designation as congressional advisers regarding specific trade policy matters or negotiations, from any other committee of the House or joint committee of Congress that has jurisdiction over legislation likely to be affected by such matters or negotiations; and
(ii) the President pro tempore of the Senate may select additional members of the Senate, for designation as congressional advisers regarding specific trade policy matters or negotiations, from any other committee of the Senate or joint committee of Congress that has jurisdiction over legislation likely to be affected by such matters or negotiations.
Members of the House and Senate selected as congressional advisers under this subparagraph shall be accredited by the United States Trade Representative.
(B) Before designating any member under subparagraph (A), the Speaker or the President pro tempore shall consult with—
(i) the chairman and ranking member of the Committee on Ways and Means or the Committee on Finance, as appropriate; and
(ii) the chairman and ranking minority member of the committee from which the member will be selected.
(C) Not more than 3 members (not more than 2 of whom are members of the same political party) may be selected under this paragraph as advisers from any committee of Congress.
(b) Briefing (1) The United States Trade Representative shall keep each official adviser designated under subsection (a)(1) currently informed on matters affecting the trade policy of the United States and, with respect to possible agreements, negotiating objectives, the status of negotiations in progress, and the nature of any changes in domestic law or the administration thereof which may be recommended to Congress to carry out any trade agreement or any requirement of, amendment to, or recommendation under, such agreement.
(2) The United States Trade Representative shall keep each official adviser designated under subsection (a)(2) currently informed regarding the trade policy matters and negotiations with respect to which the adviser is designated.
(3) (A) The chairmen of the Committee on Ways and Means and the Committee on Finance may designate members (in addition to the official advisers under subsection (a)(1)) and staff members of their respective committees who shall have access to the information provided to official advisers under paragraph (1).
(B) The Chairman 11 So in original. Probably should not be capitalized. of any committee of the House or Senate or any joint committee of Congress from which official advisers are selected under subsection (a)(2) may designate other members of such committee, and staff members of such committee, who shall have access to the information provided to official advisers under paragraph (2).
(c) Committee consultation The United States Trade Representative shall consult on a continuing basis with the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and the other appropriate committees of the House and Senate on the development, implementation, and administration of overall trade policy of the United States. Such consultations shall include, but are not limited to, the following elements of such policy:
(1) The principal multilateral and bilateral negotiating objectives and the progress being made toward their achievement.
(2) The implementation, administration, and effectiveness of recently concluded multilateral and bilateral trade agreements and resolution of trade disputes.
(3) The actions taken, and proposed to be taken, under the trade laws of the United States and the effectiveness, or anticipated effectiveness, of such actions in achieving trade policy objectives.
(4) The important developments and issues in other areas of trade for which there must be developed proper policy response.
When necessary, meetings shall be held with each Committee 1 in executive session to review matters under negotiation.
(Pub. L. 93618, title I, § 161, Jan. 3, 1975, 88 Stat. 2008; Pub. L. 9639, § 3(e), July 26, 1979, 93 Stat. 150; Pub. L. 100418, title I, § 1632, Aug. 23, 1988, 102 Stat. 1269.)
## Notes
Editorial Notes
Amendments1988—Pub. L. 100418 amended section generally, substituting present provisions for similar provisions which had related to Congressional delegates to negotiations, and changing the structure of the section from one consisting of subsecs. (a) and (b) to one consisting of subsecs. (a) to (c). 1979—Subsec. (b)(1). Pub. L. 9639 substituted “trade agreement or any requirement of, amendment to, or recommendation under, such agreement” for “trade agreement”.
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# 19 U.S.C. § 2212 - Transmission of agreements to Congress
## Text
(a) Submission of copy and reasons As soon as practicable after a trade agreement entered into under section 2133 or 2134 of this title or under section 4202 of this title has entered into force with respect to the United States, the President shall, if he has not previously done so, transmit a copy of such trade agreement to each House of the Congress together with a statement, in the light of the advice of the International Trade Commission under section 2151(b) of this title, if any, and of other relevant considerations, of his reasons for entering into the agreement.
(b) Submission to each member The President shall transmit to each Member of the Congress a summary of the information required to be transmitted to each House under subsection (a). For purposes of this subsection, the term “Member” includes any Delegate or Resident Commissioner.
(Pub. L. 93618, title I, § 162, Jan. 3, 1975, 88 Stat. 2008; Pub. L. 100647, title IX, § 9001(a)(10), Nov. 10, 1988, 102 Stat. 3807; Pub. L. 107210, div. B, title XXI, § 2110(a)(6), Aug. 6, 2002, 116 Stat. 1020; Pub. L. 11426, title I, § 110(a)(7), June 29, 2015, 129 Stat. 358.)
## Notes
Editorial Notes
Amendments2015—Subsec. (a). Pub. L. 11426 substituted “section 4202 of this title” for “section 3803 of this title”. 2002—Subsec. (a). Pub. L. 107210 substituted “or under section 3803 of this title” for “or under section 2902 of this title”. 1988—Subsec. (a). Pub. L. 100647 struck out “part 1 of this subchapter or” after “entered into under”, and inserted “or under section 2902 of this title” after “2134 of this title”.
Statutory Notes and Related Subsidiaries
Effective Date of 1988 AmendmentAmendment by Pub. L. 100647 applicable as if such amendment took effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100647, set out as an Effective and Termination Dates of 1988 Amendments note under section 58c of this title.
Executive Documents
Delegation of Authority For delegation of functions of President under div. B of Pub. L. 107210, amending this section, see section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of this title.
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# 19 U.S.C. § 2231 - Change of name
## Text
(a) Former United States Tariff Commission The United States Tariff Commission (established by section 1330 of this title) is renamed as the United States International Trade Commission.
(b) References in law and other documents Any reference in any law of the United States, or in any order, rule, regulation, or other document, to the United States Tariff Commission (or the Tariff Commission) shall be considered to refer to the United States International Trade Commission.
(Pub. L. 93618, title I, § 171, Jan. 3, 1975, 88 Stat. 2009.)
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# 19 U.S.C. § 2232 - Independent budget and authorization of appropriations
## Text
Effective with respect to the fiscal year beginning October 1, 1976, for purposes of chapter 11 of title 31, estimated expenditures and proposed appropriations for the United States International Trade Commission shall be transmitted to the President on or before October 15 of the year preceding the beginning of each fiscal year and shall be included by him in the Budget without revision, and the Commission shall not be considered to be a department or establishment for purposes of such chapter.
(Pub. L. 93618, title I, § 175(a)(1), Jan. 3, 1975, 88 Stat. 2011.)
## Notes
Editorial Notes
Codification “Chapter 11 of title 31” and “such chapter” substituted in text for “the Budget and Accounting Act, 1921 (31 U.S.C. 1 et seq.)” and “such Act”, respectively, on authority of Pub. L. 97258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
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# 19 U.S.C. § 2242 - Identification of countries that deny adequate protection, or market access, for intellectual property rights
## Text
(a) In general By no later than the date that is 30 days after the date on which the annual report is submitted to Congressional committees under section 2241(b) of this title, the United States Trade Representative (hereafter in this section referred to as the “Trade Representative”) shall identify—
(1) those foreign countries that—
(A) deny adequate and effective protection of intellectual property rights, or
(B) deny fair and equitable market access to United States persons that rely upon intellectual property protection, and
(2) those foreign countries identified under paragraph (1) that are determined by the Trade Representative to be priority foreign countries.
(b) Special rules for identifications (1) In identifying priority foreign countries under subsection (a)(2), the Trade Representative shall only identify those foreign countries—
(A) that have the most onerous or egregious acts, policies, or practices that—
(i) deny adequate and effective intellectual property rights, or
(ii) deny fair and equitable market access to United States persons that rely upon intellectual property protection,
(B) whose acts, policies, or practices described in subparagraph (A) have the greatest adverse impact (actual or potential) on the relevant United States products, and
(C) that are not—
(i) entering into good faith negotiations, or
(ii) making significant progress in bilateral or multilateral negotiations,
to provide adequate and effective protection of intellectual property rights.
(2) In identifying priority foreign countries under subsection (a)(2), the Trade Representative shall—
(A) consult with the Register of Copyrights, the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, other appropriate officers of the Federal Government, and
(B) take into account information from such sources as may be available to the Trade Representative and such information as may be submitted to the Trade Representative by interested persons, including information contained in reports submitted under section 2241(b) of this title and petitions submitted under section 2412 of this title.
(3) The Trade Representative may identify a foreign country under subsection (a)(1)(B) only if the Trade Representative finds that there is a factual basis for the denial of fair and equitable market access as a result of the violation of international law or agreement, or the existence of barriers, referred to in subsection (d)(3).
(4) In identifying foreign countries under paragraphs (1) and (2) of subsection (a), the Trade Representative shall take into account—
(A) the history of intellectual property laws and practices of the foreign country, including any previous identification under subsection (a)(2), and
(B) the history of efforts of the United States, and the response of the foreign country, to achieve adequate and effective protection and enforcement of intellectual property rights.
(c) Revocations and additional identifications (1) The Trade Representative may at any time—
(A) revoke the identification of any foreign country as a priority foreign country under this section, or
(B) identify any foreign country as a priority foreign country under this section,
if information available to the Trade Representative indicates that such action is appropriate.
(2) The Trade Representative shall include in the semiannual report submitted to the Congress under section 2419(3) of this title a detailed explanation of the reasons for the revocation under paragraph (1) of the identification of any foreign country as a priority foreign country under this section.
(d) Definitions For purposes of this section—
(1) The term “persons that rely upon intellectual property protection” means persons involved in—
(A) the creation, production or licensing of works of authorship (within the meaning of sections 102 and 103 of title 17) that are copyrighted, or
(B) the manufacture of products that are patented or for which there are process patents.
(2) A foreign country denies adequate and effective protection of intellectual property rights if the foreign country denies adequate and effective means under the laws of the foreign country for persons who are not citizens or nationals of such foreign country to secure, exercise, and enforce rights relating to patents, process patents, registered trademarks, copyrights, trade secrets, and mask works.
(3) A foreign country denies fair and equitable market access if the foreign country effectively denies access to a market for a product protected by a copyright or related right, patent, trademark, mask work, trade secret, or plant breeders right, through the use of laws, procedures, practices, or regulations which—
(A) violate provisions of international law or international agreements to which both the United States and the foreign country are parties, or
(B) constitute discriminatory nontariff trade barriers.
(4) A foreign country may be determined to deny adequate and effective protection of intellectual property rights, notwithstanding the fact that the foreign country may be in compliance with the specific obligations of the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 3511(d)(15) of this title.
(e) Publication The Trade Representative shall publish in the Federal Register a list of foreign countries identified under subsection (a) and shall make such revisions to the list as may be required by reason of action under subsection (c).
(f) Special rule for actions affecting United States cultural industries (1) In general By no later than the date that is 30 days after the date on which the annual report is submitted to Congressional committees under section 2241(b) of this title, the Trade Representative shall identify any act, policy, or practice of Canada which—
(A) affects cultural industries,
(B) is adopted or expanded after December 17, 1992, and
(C) is actionable under article 32.6 of the USMCA (as defined in section 4502 of this title).
(2) Special rules for identifications For purposes of section 2412(b)(2)(A) of this title, an act, policy, or practice identified under this subsection shall be treated as an act, policy, or practice that is the basis for identification of a country under subsection (a)(2), unless the United States has already taken action pursuant to article 32.6 of the USMCA in response to such act, policy, or practice. In deciding whether to identify an act, policy, or practice under paragraph (1), the Trade Representative shall—
(A) consult with and take into account the views of representatives of the relevant domestic industries, appropriate committees established pursuant to section 2155 of this title, and appropriate officers of the Federal Government, and
(B) take into account the information from such sources as may be available to the Trade Representative and such information as may be submitted to the Trade Representative by interested persons, including information contained in reports submitted under section 2241(b) of this title.
(3) Cultural industries For purposes of this subsection, the term “cultural industries” means persons engaged in any of the following activities:
(A) The publication, distribution, or sale of books, magazines, periodicals, or newspapers in print or machine readable form but not including the sole activity of printing or typesetting any of the foregoing.
(B) The production, distribution, sale, or exhibition of film or video recordings.
(C) The production, distribution, sale, or exhibition of audio or video music recordings.
(D) The publication, distribution, or sale of music in print or machine readable form.
(E) Radio communications in which the transmissions are intended for direct reception by the general public, and all radio, television, and cable broadcasting undertakings and all satellite programming and broadcast network services.
(g) Special rules for foreign countries on the priority watch list (1) Action plans (A) In general Not later than 90 days after the date on which the Trade Representative submits the National Trade Estimate under section 2241(b) of this title, the Trade Representative shall develop an action plan described in subparagraph (C) with respect to each foreign country described in subparagraph (B).
(B) Foreign country described The Trade Representative shall develop an action plan under subparagraph (A) with respect to each foreign country that—
(i) the Trade Representative has identified for placement on the priority watch list; and
(ii) has remained on such list for at least one year.
(C) Action plan described An action plan developed under subparagraph (A) shall contain the benchmarks described in subparagraph (D) and be designed to assist the foreign country—
(i) to achieve—
(I) adequate and effective protection of intellectual property rights; and
(II) fair and equitable market access for United States persons that rely upon intellectual property protection; or
(ii) to make significant progress toward achieving the goals described in clause (i).
(D) Benchmarks described The benchmarks contained in an action plan developed pursuant to subparagraph (A) are such legislative, institutional, enforcement, or other actions as the Trade Representative determines to be necessary for the foreign country to achieve the goals described in clause (i) or (ii) of subparagraph (C).
(2) Failure to meet action plan benchmarks If, as of one year after the date on which an action plan is developed under paragraph (1)(A), the President, in consultation with the Trade Representative, determines that the foreign country to which the action plan applies has not substantially complied with the benchmarks described in paragraph (1)(D), the President may take appropriate action with respect to the foreign country.
(3) Priority watch list defined In this subsection, the term “priority watch list” means the priority watch list established by the Trade Representative pursuant to subsection (a).
(h) Annual report Not later than 30 days after the date on which the Trade Representative submits the National Trade Estimate under section 2241(b) of this title, the Trade Representative shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on actions taken under this section during the 12 months preceding such report, and the reasons for such actions, including—
(1) a list of any foreign countries identified under subsection (a);
(2) a description of progress made in achieving improved intellectual property protection and market access for persons relying on intellectual property rights; and
(3) a description of the action plans developed under subsection (g) and any actions taken by foreign countries under such plans.
(Pub. L. 93618, title I, § 182, as added Pub. L. 100418, title I, § 1303(b), Aug. 23, 1988, 102 Stat. 1179; amended Pub. L. 103182, title V, § 513, Dec. 8, 1993, 107 Stat. 2156; Pub. L. 103465, title III, § 313, Dec. 8, 1994, 108 Stat. 4938; Pub. L. 106113, div. B, § 1000(a)(9) [title IV, § 4732(b)(8)], Nov. 29, 1999, 113 Stat. 1536, 1501A584; Pub. L. 114125, title VI, § 610(a), (b)(1), Feb. 24, 2016, 130 Stat. 191; Pub. L. 116113, title V, § 506(a), Jan. 29, 2020, 134 Stat. 78.)
## Notes
Editorial Notes
Amendments2020—Subsec. (f)(1)(C). Pub. L. 116113, § 506(a)(1), substituted “article 32.6 of the USMCA (as defined in section 4502 of this title)” for “article 2106 of the North American Free Trade Agreement”. Subsec. (f)(2). Pub. L. 116113, § 506(a)(2), substituted “article 32.6 of the USMCA” for “article 2106 of the North American Free Trade Agreement” in introductory provisions. 2016—Subsec. (d)(2). Pub. L. 114125, § 610(a), inserted “, trade secrets,” after “copyrights”. Subsecs. (g), (h). Pub. L. 114125, § 610(b)(1), added subsecs. (g) and (h) and struck out former subsec. (g). Prior to amendment, text of subsec. (g) read as follows: “The Trade Representative shall, by not later than the date by which countries are identified under subsection (a), transmit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, a report on actions taken under this section during the 12 months preceding such report, and the reasons for such actions, including a description of progress made in achieving improved intellectual property protection and market access for persons relying on intellectual property rights.” 1999—Subsec. (b)(2)(A). Pub. L. 106113 substituted “Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office” for “Commissioner of Patents and Trademarks”. 1994—Subsec. (b)(4). Pub. L. 103465, § 313(1), added par. (4). Subsec. (d)(3). Pub. L. 103465, § 313(2)(A), amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: “A foreign country denies fair and equitable market access if the foreign country effectively denies access to a market for a product protected by a copyright, patent, or process patent through the use of laws, procedures, practices, or regulations which—”. Subsec. (d)(4). Pub. L. 103465, § 313(2)(B), added par. (4). Subsec. (g). Pub. L. 103465, § 313(3), added subsec. (g). 1993—Subsec. (f). Pub. L. 103182 added subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2020 AmendmentPub. L. 116113, title V, § 506(b), Jan. 29, 2020, 134 Stat. 78, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date on which the USMCA enters into force [July 1, 2020].” [For definition of “USMCA” as used in section 506(b) of Pub. L. 116113, set out above, see section 4502 of this title.]
Effective Date of 1999 AmendmentAmendment by Pub. L. 106113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106113, set out as a note under section 1 of Title 35, Patents.
Effective Date of 1994 AmendmentAmendment by Pub. L. 103465 effective on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), see section 316 of Pub. L. 103465, set out as an Effective Date note under section 3581 of this title.
Effective Date of 1993 AmendmentAmendment by Pub. L. 103182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States [Jan. 1, 1994], see section 516(a) of Pub. L. 103182, formerly set out as an Effective Date note under former section 3461 of this title.
Construction of 2016 AmendmentPub. L. 114125, title VI, § 610(b)(3), Feb. 24, 2016, 130 Stat. 192, provided that: “Nothing in this subsection [amending this section and enacting provisions set out as a note below] or the amendment made by this subsection shall be construed as limiting the authority of the President or the United States Trade Representative to develop action plans other than action plans described in section 182(g) of the Trade Act of 1974 [19 U.S.C. 2242(g)], as amended by paragraph (1), or to take any action otherwise authorized by law in response to the failure of a foreign country to provide adequate and effective protection and enforcement of intellectual property rights.”
Use of Trade Enforcement Trust Funds To Facilitate Compliance with Intellectual Property Protection Benchmarks by Developing CountriesPub. L. 114125, title VI, § 610(b)(2), Feb. 24, 2016, 130 Stat. 192, provided that: “(A) In general.—Amounts from the Trade Enforcement Trust Fund established under section 611 [19 U.S.C. 4405] may be expended by the United States Trade Representative, only as provided by appropriations Acts, to provide assistance to any developing country to which an action plan applies under section 182(g) of the Trade Act of 1974 [19 U.S.C. 2242(g)], as amended by paragraph (1), to facilitate the efforts of the developing country to comply with the benchmarks contained in the action plan. Such assistance may include capacity building, activities designed to increase awareness of intellectual property rights, and training for officials responsible for enforcing intellectual property rights in the developing country. “(B) Developing country defined.—In this paragraph, the term developing country means a country classified by the World Bank as having a low-income or lower-middle-income economy.”
Procurement From Countries That Deny Adequate and Effective Protection of Intellectual Property RightsPub. L. 101189, div. A, title VIII, § 852, Nov. 29, 1989, 103 Stat. 1517, as amended by Pub. L. 101510, div. A, title XIII, § 1302(a), Nov. 5, 1990, 104 Stat. 1668, provided that it is the sense of Congress that it be a very important consideration in procurement of property, services, or technology by the Department of Defense whether such procurement is from any person of any country which has been identified by the United States Trade Representative as denying adequate and effective protection of intellectual property rights or fair and equitable market access to United States persons that rely upon intellectual property protection.
Identification of Countries That Deny Adequate and Effective Protection of Intellectual Property RightsPub. L. 100418, title I, § 1303(a), Aug. 23, 1988, 102 Stat. 1179, provided that: “(1) The Congress finds that—“(A) international protection of intellectual property rights is vital to the international competitiveness of United States persons that rely on protection of intellectual property rights; and “(B) the absence of adequate and effective protection of United States intellectual property rights, and the denial of fair and equitable market access, seriously impede the ability of the United States persons that rely on protection of intellectual property rights to export and operate overseas, thereby harming the economic interests of the United States. “(2) The purpose of this section [enacting this section and this note] is to provide for the development of an overall strategy to ensure adequate and effective protection of intellectual property rights and fair and equitable market access for United States persons that rely on protection of intellectual property rights.”
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# 19 U.S.C. § 2251 - Action to facilitate positive adjustment to import competition
## Text
(a) Presidential action If the United States International Trade Commission (hereinafter referred to in this part as the “Commission”) determines under section 2252(b) of this title that an article is being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing an article like or directly competitive with the imported article, the President, in accordance with this part, shall take all appropriate and feasible action within his power which the President determines will facilitate efforts by the domestic industry to make a positive adjustment to import competition and provide greater economic and social benefits than costs.
(b) Positive adjustment to import competition (1) For purposes of this part, a positive adjustment to import competition occurs when—
(A) the domestic industry—
(i) is able to compete successfully with imports after actions taken under section 2254 of this title terminate, or
(ii) the domestic industry experiences an orderly transfer of resources to other productive pursuits; and
(B) dislocated workers in the industry experience an orderly transition to productive pursuits.
(2) The domestic industry may be considered to have made a positive adjustment to import competition even though the industry is not of the same size and composition as the industry at the time the investigation was initiated under section 2252(b) of this title.
(Pub. L. 93618, title II, § 201, Jan. 3, 1975, 88 Stat. 2011; Pub. L. 9639, title I, § 106(b)(3), July 26, 1979, 93 Stat. 193; Pub. L. 98573, title II, § 249, Oct. 30, 1984, 98 Stat. 2998; Pub. L. 100418, title I, § 1401(a), Aug. 23, 1988, 102 Stat. 1225.)
## Notes
Editorial Notes
Amendments1988—Pub. L. 100418, in amending section generally, substituted provisions relating to action to facilitate positive adjustment to import competition for provisions relating to investigation by International Trade Commission. See section 2252 of this title. 1984—Subsec. (b)(2)(B). Pub. L. 98573, § 249(1)(A), substituted “inventory (whether maintained by domestic producers, importers, wholesalers, or retailers), and” for “inventory, and”. Subsec. (b)(2)(D). Pub. L. 98573, § 249(1)(B)(D), added subpar. (D). Subsec. (b)(7). Pub. L. 98573, § 249(2), added par. (7). 1979—Subsec. (b)(6). Pub. L. 9639 substituted “subtitles A and B of title VII or section 337 of the Tariff Act of 1930” for “the Antidumping Act, 1921, section 303 or 337 of the Tariff Act of 1930”.
Statutory Notes and Related Subsidiaries
Effective Date of 1988 AmendmentPub. L. 100418, title I, § 1401(c), Aug. 23, 1988, 102 Stat. 1241, provided that: “The amendments made by subsections (a) and (b) [enacting section 2254 of this title and amending sections 1330, 2133, 2251 to 2253, 2274, 2354, and 2703 of this title and provisions set out as a note under section 2112 of this title] shall take effect on the date of the enactment of this Act [Aug. 23, 1988] and shall apply with respect to investigations initiated under chapter 1 of title II of the Trade Act of 1974 [this part] on or after that date. Any petition filed under section 201 of such chapter [19 U.S.C. 2251] before such date of enactment, and with respect to which the United States International Trade Commission did not make a finding before such date with respect to serious injury or the threat thereof, may be withdrawn and refiled, without prejudice, by the petitioner under section 202(a) of such chapter [19 U.S.C. 2252(a)] (as amended by this section).”
Effective Date of 1984 AmendmentAmendment by Pub. L. 98573 effective on 15th day after Oct. 30, 1984, see section 214(a), (b) of Pub. L. 98573, set out as a note under section 1304 of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 107 of Pub. L. 9639, set out as an Effective Date note under section 1671 of this title.
Study on Trade Adjustment Assistance for FishermenPub. L. 107210, div. A, title I, § 143, Aug. 6, 2002, 116 Stat. 953, required Secretary of Commerce, not later than 1 year after Aug. 6, 2002, to conduct a study and report to Congress on appropriateness and feasibility of a trade adjustment assistance program for fishermen.
Term “Industry” To Include Producers Located in United States Insular PossessionsPub. L. 9867, title II, § 214(f), Aug. 5, 1983, 97 Stat. 393, provided that: “For purposes of chapter 1 of title II of the Trade Act of 1974 [this part], the term industry shall include producers located in the United States insular possessions.”
Executive Documents
Ex. Ord. No. 11913. Collection of Information for Import Relief and Adjustment Assistance Ex. Ord. No. 11913, Apr. 26, 1976, 41 F.R. 17721, provided: By virtue of the authority vested in me by the Constitution and statutes of the United States of America, including Section 332(g) of the Tariff Act of 1930, as amended (19 U.S.C. 1332(g)), and as President of the United States of America, in order to reduce the reporting burden with respect to the collection of information pursuant to Title II of the Trade Act of 1974 (88 Stat. 2011, 19 U.S.C. 2251 et seq.) and consistent with Chapter 35 of Title 44 of the United States Code, it is hereby ordered as follows: Section 1. Whenever the United States International Trade Commission, in connection with investigations pursuant to Section 201 of the Trade Act of 1974 (19 U.S.C. 2251), collects factual data from firms on their sales, production, employment, and financial experience, the Commission shall provide such information to the Secretaries of Commerce and Labor. Sec. 2. The Secretaries of Commerce and Labor shall ensure that the factual data, received pursuant to Section 1, are used solely for the performance of their functions pursuant to Sections 264 and 224, respectively, of the Trade Act of 1974 (19 U.S.C. 2354 and 2274). Gerald R. Ford.
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# 19 U.S.C. § 2254 - Monitoring, modification, and termination of action
## Text
(a) Monitoring (1) So long as any action taken under section 2253 of this title remains in effect, the Commission shall monitor developments with respect to the domestic industry, including the progress and specific efforts made by workers and firms in the domestic industry to make a positive adjustment to import competition.
(2) If the initial period during which the action taken under section 2253 of this title is in effect exceeds 3 years, or if an extension of such action exceeds 3 years, the Commission shall submit a report on the results of the monitoring under paragraph (1) to the President and to the Congress not later than the date that is the mid-point of the initial period, and of each such extension, during which the action is in effect.
(3) In the course of preparing each report under paragraph (2), the Commission shall hold a hearing at which interested persons shall be given a reasonable opportunity to be present, to produce evidence, and to be heard.
(4) Upon request of the President, the Commission shall advise the President of its judgment as to the probable economic effect on the industry concerned of any reduction, modification, or termination of the action taken under section 2253 of this title which is under consideration.
(b) Reduction, modification, and termination of action (1) Action taken under section 2253 of this title may be reduced, modified, or terminated by the President (but not before the President receives the report required under subsection (a)(2)(A)) if the President—
(A) after taking into account any report or advice submitted by the Commission under subsection (a) and after seeking the advice of the Secretary of Commerce and the Secretary of Labor, determines, on the basis that either—
(i) the domestic industry has not made adequate efforts to make a positive adjustment to import competition, or
(ii) the effectiveness of the action taken under section 2253 of this title has been impaired by changed economic circumstances,
that changed circumstances warrant such reduction, or termination; or
(B) determines, after a majority of the representatives of the domestic industry submits to the President a petition requesting such reduction, modification, or termination on such basis, that the domestic industry has made a positive adjustment to import competition.
(2) Notwithstanding paragraph (1), the President is authorized to take such additional action under section 2253 of this title as may be necessary to eliminate any circumvention of any action previously taken under such section.
(3) Notwithstanding paragraph (1), the President may, after receipt of a Commission determination under section 3538(a)(4) of this title and consulting with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, reduce, modify, or terminate action taken under section 2253 of this title.
(c) Extension of action (1) Upon request of the President, or upon petition on behalf of the industry concerned filed with the Commission not earlier than the date which is 9 months, and not later than the date which is 6 months, before the date any action taken under section 2253 of this title is to terminate, the Commission shall investigate to determine whether action under section 2253 of this title continues to be necessary to prevent or remedy serious injury and whether there is evidence that the industry is making a positive adjustment to import competition.
(2) The Commission shall publish notice of the commencement of any proceeding under this subsection in the Federal Register and shall, within a reasonable time thereafter, hold a public hearing at which the Commission shall afford interested parties and consumers an opportunity to be present, to present evidence, and to respond to the presentations of other parties and consumers, and otherwise to be heard.
(3) The Commission shall transmit to the President a report on its investigation and determination under this subsection not later than 60 days before the action under section 2253 of this title is to terminate, unless the President specifies a different date.
(d) Evaluation of effectiveness of action (1) After any action taken under section 2253 of this title has terminated, the Commission shall evaluate the effectiveness of the actions in facilitating positive adjustment by the domestic industry to import competition, consistent with the reasons set out by the President in the report submitted to the Congress under section 2253(b) of this title.
(2) During the course of the evaluation conducted under paragraph (1), the Commission shall, after reasonable public notice, hold a hearing on the effectiveness of the action. All interested persons shall have the opportunity to attend such hearing and to present evidence or testimony at such hearing.
(3) A report on the evaluation made under paragraph (1) and the hearings held under paragraph (2) shall be submitted by the Commission to the President and to the Congress by no later than the 180th day after the day on which the actions taken under section 2253 of this title terminated.
(e) Other provisions (1) Action by the President under this part may be taken without regard to the provisions of section 2136(a) of this title but only after consideration of the relation of such actions to the international obligations of the United States.
(2) If the Commission treats as the domestic industry production located in a major geographic area of the United States under section 2252(c)(4)(C) of this title, then the President shall take into account the geographic concentration of domestic production and of imports in that area in taking any action authorized under paragraph (1).
(Pub. L. 93618, title II, § 204, as added Pub. L. 100418, title I, § 1401(a), Aug. 23, 1988, 102 Stat. 1238; amended Pub. L. 100647, title IX, § 9001(a)(8), Nov. 10, 1988, 102 Stat. 3807; Pub. L. 103465, title I, § 129(a)(7), title III, § 302(c), (d), Dec. 8, 1994, 108 Stat. 4837, 4936.)
## Notes
Editorial Notes
Amendments1994—Subsec. (a)(2). Pub. L. 103465, § 302(c)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The Commission shall submit a report on the results of the monitoring under paragraph (1) to the President and to the Congress not later than— “(A) the 2nd-anniversary of the day on which the action under section 2253 of this title first took effect; and “(B) the last day of each 2-year period occurring after the 2-year period referred to in subparagraph (A).” Subsec. (a)(4). Pub. L. 103465, § 302(c)(2), struck out “extension,” before “reduction,”. Subsec. (b)(3). Pub. L. 103465, § 129(a)(7), added par. (3). Subsecs. (c) to (e). Pub. L. 103465, § 302(d), added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectivley. 1988—Subsecs. (c) to (e). Pub. L. 100647 redesignated subsecs. (d) and (e) as (c) and (d), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by section 129(a)(7) of Pub. L. 103465 effective on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), see section 130 of Pub. L. 103465, set out as an Effective Date note under section 3531 of this title. Amendment by section 302(c), (d) of Pub. L. 103465 effective on the date on which the WTO Agreement enters into force with respect to the United States [Jan. 1, 1995], see section 304(a) of Pub. L. 103465, set out as a note under section 2252 of this title.
Effective Date of 1988 AmendmentAmendment by Pub. L. 100647 applicable as if such amendment took effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100647, set out as an Effective and Termination Dates of 1988 Amendments note under section 58c of this title.
Effective DateSection effective Aug. 23, 1988, and applicable with respect to investigations initiated under this part on or after that date, see section 1401(c) of Pub. L. 100418, set out as an Effective Date of 1988 Amendment note under section 2251 of this title.
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# 19 U.S.C. § 2255 - Trade monitoring
## Text
(a) Monitoring tool for imports (1) In general Not later than 180 days after February 24, 2016, the Commission shall make available on a website of the Commission an import monitoring tool to allow the public access to data on the volume and value of goods imported to the United States for the purpose of assessing whether such data has changed with respect to such goods over a period of time.
(2) Data described For purposes of the monitoring tool under paragraph (1), the Commission shall use data compiled by the Department of Commerce and such other government data as the Commission considers appropriate.
(3) Periods of time The Commission shall ensure that data accessed through the monitoring tool under paragraph (1) includes data for the most recent quarter for which such data are available and previous quarters as the Commission considers practicable.
(b) Monitoring reports (1) In general Not later than 270 days after February 24, 2016, and not less frequently than quarterly thereafter, the Secretary of Commerce shall publish on a website of the Department of Commerce, and notify the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives of the availability of, a monitoring report on changes in the volume and value of trade with respect to imports and exports of goods categorized based on the 6-digit subheading number of the goods under the Harmonized Tariff Schedule of the United States during the most recent quarter for which such data are available and previous quarters as the Secretary considers practicable.
(2) Requests for comment Not later than one year after February 24, 2016, the Secretary of Commerce shall solicit through the Federal Register public comment on the monitoring reports described in paragraph (1).
(c) Sunset The requirements under this section terminate on the date that is seven years after February 24, 2016.
(Pub. L. 93618, title II, § 205, as added Pub. L. 114125, title VI, § 603(a), Feb. 24, 2016, 130 Stat. 185.)
## Notes
Editorial Notes
References in TextThe Harmonized Tariff Schedule of the United States, referred to in subsec. (b)(1), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.
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# 19 U.S.C. § 2273 - Determinations by Secretary of Labor
## Text
(a) Certification of eligibility As soon as possible after the date on which a petition is filed under section 2271 of this title, but in any event not later than 40 days after that date, the Secretary shall determine whether the petitioning group meets the requirements of section 2272 of this title and shall issue a certification of eligibility to apply for assistance under this subpart covering workers in any group which meets such requirements. Each certification shall specify the date on which the total or partial separation began or threatened to begin.
(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.
(c) Publication of determination in Federal Register Upon reaching his determination on a petition, the Secretary shall promptly publish a summary of the determination in the Federal Register together with his reasons for making such determination.
(d) Termination of certification Whenever the Secretary determines, with respect to any certification of eligibility of the workers of a firm or subdivision of the firm, that total or partial separations from such firm or subdivision are no longer attributable to the conditions specified in section 2272 of this title, he shall terminate such certification and promptly have notice of such termination published in the Federal Register together with his reasons for making such determination. Such termination shall apply only with respect to total or partial separations occurring after the termination date specified by the Secretary.
(Pub. L. 93618, title II, § 223, Jan. 3, 1975, 88 Stat. 2019; Pub. L. 103182, title V, § 503(a), Dec. 8, 1993, 107 Stat. 2151; Pub. L. 107210, div. A, title I, § 112(b), Aug. 6, 2002, 116 Stat. 937; Pub. L. 1115, div. B, title I, §§ 1803, 1858(a), Feb. 17, 2009, 123 Stat. 372, 395; Pub. L. 11240, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; Pub. L. 11427, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)
## Notes
Termination of AssistanceFor termination of assistance under this part after June 30, 2022, see Termination Date note below.
Editorial Notes
References in TextFor the effective date of this part, referred to in subsec. (b)(2), see Effective and Termination Date note set out preceding section 2271 of this title.
Codification 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. 11240, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 11427, 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. 11427, §§ 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. 1115, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 1115, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 1115 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 11240, §§ 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.
Amendments2015—Pub. L. 11427, §§ 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. 11240, §§ 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. (b). Pub. L. 1115, §§ 1803(1), 1893, temporarily substituted “before the workers application under section 2291 of this title occurred more than one year before the date of the petition on which such certification was granted.” for “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.” See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (c). Pub. L. 1115, §§ 1803(2), 1858(a), 1893, temporarily substituted “a determination” for “his determination” and “and on the website of the Department of Labor, together with the Secretarys reasons” for “together with his reasons”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (d). Pub. L. 1115, §§ 1803(3), 1893, temporarily substituted “, that total or partial separations from such firm are no longer attributable to the conditions specified in section 2272 of this title, the Secretary shall” for “or subdivision of the firm, that total or partial separations from such firm or subdivision are no longer attributable to the conditions specified in section 2272 of this title, he shall” and “and on the website of the Department of Labor, together with the Secretarys reasons” for “together with his reasons”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (e). Pub. L. 1115, §§ 1803(4), 1893, temporarily added subsec. (e). See Codification note above and Effective and Termination Dates of 2009 Amendment note below. 2002—Subsec. (a). Pub. L. 107210 substituted “40 days” for “60 days”. 1993—Subsec. (a). Pub. L. 103182 substituted “assistance under this subpart” for “assistance under this part”.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 2015 RevivalFor 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. 11427, 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. 11427, see section 406 of Pub. L. 11427, set out as a note preceding section 2271 of this title.
Effective and Termination Dates of 2011 RevivalFor 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. 11240, set out as a note preceding section 2271 of this title. Section 233 of Pub. L. 11240, 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. 11427, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effective June 29, 2015. See Codification note above.
Effective and Termination Dates of 2009 AmendmentExcept as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 1115 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 1115, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 1115, 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. 1115 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. 1115 had never been enacted, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above.
Effective Date of 2002 AmendmentAmendment by Pub. L. 107210 applicable to petitions for certification filed under this part or part 3 of this subchapter on or after the date that is 90 days after Aug. 6, 2002, except as otherwise provided, see section 151 of Pub. L. 107210, set out as a note preceding section 2271 of this title.
Effective Date of 1993 AmendmentAmendment by Pub. L. 103182 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. 103182, formerly set out as a note under section 2271 of this title.
Termination DateNo trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this section after June 30, 2022, except as otherwise provided, see section 285 of Pub. L. 93618, as modified by section 406(a)(7) of Pub. L. 11427, set out as notes preceding section 2271 of this title.
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# 19 U.S.C. § 2274 - Study by Secretary of Labor when International Trade Commission begins investigation
## 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.
(Pub. L. 93618, title II, § 224, Jan. 3, 1975, 88 Stat. 2020; Pub. L. 9735, title XXV, § 2513(a), Aug. 13, 1981, 95 Stat. 889; Pub. L. 100418, title I, § 1401(b)(1)(B), Aug. 23, 1988, 102 Stat. 1239; Pub. L. 1115, div. B, title I, § 1811(a), Feb. 17, 2009, 123 Stat. 373; Pub. L. 11240, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; Pub. L. 11427, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)
## Notes
Termination of AssistanceFor termination of assistance under this part after June 30, 2022, see Termination Date note below.
Editorial Notes
Codification 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. 11240, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 11427, 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. 11427, §§ 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. 1115, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 1115, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 1115 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 11240, §§ 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.
Amendments2015—Pub. L. 11427, §§ 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. 11240, §§ 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—Pub. L. 1115, §§ 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. 1115, §§ 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. 1115, §§ 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. 1115, §§ 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. 100418 substituted “section 2252” for “section 2251”. Subsec. (b). Pub. L. 100418 substituted “section 2252(f)” for “section 2251”. 1981—Subsec. (c). Pub. L. 9735 struck out subsec. (c) which related to availability of information to workers.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 2015 RevivalFor 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. 11427, 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. 11427, see section 406 of Pub. L. 11427, set out as a note preceding section 2271 of this title.
Effective and Termination Dates of 2011 RevivalFor 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. 11240, set out as a note preceding section 2271 of this title. Section 233 of Pub. L. 11240, 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. 11427, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effective June 29, 2015. See Codification note above.
Effective and Termination Dates of 2009 AmendmentExcept as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 1115 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 1115, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 1115, 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. 1115 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. 1115 had never been enacted, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above.
Effective Date of 1988 AmendmentAmendment by Pub. L. 100418 effective Aug. 23, 1988, 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. 100418, set out as a note under section 2251 of this title.
Effective Date of 1981 Amendment and Transition ProvisionsAmendment by Pub. L. 9735 effective Aug. 13, 1981, with transition provisions applicable, see section 2514 of Pub. L. 9735, set out as a note under section 2291 of this title.
Termination DateNo 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. 93618, as modified by section 406(a)(7) of Pub. L. 11427, set out as notes preceding section 2271 of this title.
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# 19 U.S.C. § 2275 - Benefit information to workers
## Text
(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. 93618, title II, § 225, as added Pub. L. 9735, title XXV, § 2502, Aug. 13, 1981, 95 Stat. 881; amended Pub. L. 100418, title I, § 1422, Aug. 23, 1988, 102 Stat. 1244; Pub. L. 103182, title V, § 503(b), Dec. 8, 1993, 107 Stat. 2151; Pub. L. 107210, div. A, title I, § 123(b)(1), Aug. 6, 2002, 116 Stat. 944; Pub. L. 1115, div. B, title I, § 1812, Feb. 17, 2009, 123 Stat. 375; Pub. L. 11240, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; Pub. L. 11427, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)
## Notes
Termination of AssistanceFor termination of assistance under this part after June 30, 2022, see Termination Date note below.
Editorial Notes
Codification 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. 11240, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 11427, 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. 11427, §§ 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. 1115, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 1115, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 1115 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 11240, §§ 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.
Amendments2015—Pub. L. 11427, §§ 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. 11240, §§ 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. 1115, §§ 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. 107210 struck out “or subpart D of this part” after “this subpart” in pars. (1) and (2). 1993—Subsec. (b). Pub. L. 103182 inserted reference to subpart D in pars. (1) and (2). 1988—Pub. L. 100418 designated existing provisions as subsec. (a) and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 2015 RevivalFor 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. 11427, 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. 11427, see section 406 of Pub. L. 11427, set out as a note preceding section 2271 of this title.
Effective and Termination Dates of 2011 RevivalFor 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. 11240, set out as a note preceding section 2271 of this title. Section 233 of Pub. L. 11240, 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. 11427, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effective June 29, 2015. See Codification note above.
Effective and Termination Dates of 2009 AmendmentExcept as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 1115 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 1115, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 1115, 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. 1115 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. 1115 had never been enacted, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above.
Effective Date of 2002 AmendmentAmendment by Pub. L. 107210 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. 107210, set out as an Effective Date of Repeal note under section 2331 of this title.
Effective Date of 1993 AmendmentAmendment by Pub. L. 103182 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. 103182, formerly set out as a note under section 2271 of this title.
Effective Date of 1988 AmendmentAmendment by Pub. L. 100418 effective on date that is 30 days after Aug. 23, 1988, see section 1430(e) of Pub. L. 100418, set out as an Effective Date note under section 2397 of this title.
Effective Date and Transition ProvisionsSection effective Aug. 13, 1981, with transition provisions applicable, see section 2514 of Pub. L. 9735, set out as an Effective Date of 1981 Amendment note under section 2291 of this title.
Termination DateNo 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. 93618, as modified by section 406(a)(7) of Pub. L. 11427, set out as notes preceding section 2271 of this title.
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# 19 U.S.C. § 2292 - Weekly amounts
## Text
(a) Formula Subject to subsections (b) and (c), the trade readjustment allowance payable to an adversely affected worker for a week of total unemployment shall be an amount equal to the most recent weekly benefit amount of the unemployment insurance payable to the worker for a week of total unemployment preceding the workers first exhaustion of unemployment insurance (as determined for purposes of section 2291(a)(3)(B) of this title) reduced (but not below zero) by—
(1) any training allowance deductible under subsection (c); and
(2) income that is deductible from unemployment insurance under the disqualifying income provisions of the applicable State law or Federal unemployment insurance law.
(b) Adversely affected workers who are undergoing training Any adversely affected worker who is entitled to trade readjustment allowances and who is undergoing training approved by the Secretary shall receive for each week in which he is undergoing any such training, a trade readjustment allowance in an amount (computed for such week) equal to the amount computed under subsection (a) or (if greater) the amount of any weekly allowance for such training to which he would be entitled under any other Federal law for the training of workers, if he applied for such allowance. Such trade readjustment allowance shall be paid in lieu of any training allowance to which the worker would be entitled under such other Federal law.
(c) Deduction from total number of weeks of allowance entitlement If a training allowance under any Federal law other than this chapter is paid to an adversely affected worker for any week of unemployment with respect to which he would be entitled (determined without regard to any disqualification under section 2291(b) of this title) to a trade readjustment allowance if he applied for such allowance, each such week shall be deducted from the total number of weeks of trade readjustment allowance otherwise payable to him under section 2293(a) of this title when he applies for a trade readjustment allowance and is determined to be entitled to such allowance. If such training allowance paid to such worker for any week of unemployment is less than the amount of the trade readjustment allowance to which he would be entitled if he applied for such allowance, he shall receive, when he applies for a trade readjustment allowance and is determined to be entitled to such allowance, a trade readjustment allowance for such week equal to such difference.
(Pub. L. 93618, title II, § 232, Jan. 3, 1975, 88 Stat. 2021; Pub. L. 9735, title XXV, § 2504(a), Aug. 13, 1981, 95 Stat. 883; Pub. L. 99272, title XIII, § 13003(c), Apr. 7, 1986, 100 Stat. 301; Pub. L. 100418, title I, § 1423(b), Aug. 23, 1988, 102 Stat. 1246; Pub. L. 1115, div. B, title I, § 1822, Feb. 17, 2009, 123 Stat. 377; Pub. L. 11240, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; Pub. L. 11427, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)
## Notes
Termination of AssistanceFor termination of assistance under this part after June 30, 2022, see Termination Date note below.
Editorial Notes
References in TextThis chapter, referred to in subsec. (c), was in the original “this Act”, meaning Pub. L. 93618, Jan. 3, 1975, 88 Stat. 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see References in Text note set out under section 2101 of this title and Tables.
Codification 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. 11240, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 11427, 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. 11427, §§ 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. 1115, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 1115, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 1115 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 11240, §§ 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.
Amendments2015—Pub. L. 11427, §§ 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. 11240, §§ 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. (a). Pub. L. 1115, §§ 1822(1)(A), (B), 1893, temporarily substituted “unemployment shall” for “total unemployment shall” and “subsections (b), (c), and (d)” for “subsections (b) and (c)” in introductory provisions. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (a)(2). Pub. L. 1115, §§ 1822(1)(C), 1893, temporarily inserted “, except that in the case of an adversely affected worker who is participating in training under this part, such income shall not include earnings from work for such week that are equal to or less than the most recent weekly benefit amount of the unemployment insurance payable to the worker for a week of total unemployment preceding the workers first exhaustion of unemployment insurance (as determined for purposes of section 2291(a)(3)(B) of this title)” before period. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (d). Pub. L. 1115, §§ 1822(2), 1893, temporarily added subsec. (d). See Codification note above and Effective and Termination Dates of 2009 Amendment note below. 1988—Subsec. (b). Pub. L. 100418, § 1423(b)(1), struck out “, including on-the-job training,” after “approved by the Secretary”. Subsec. (c). Pub. L. 100418, § 1423(b)(2), substituted “under section 2291(b)” for “under section 2291(c) or 2296(c)”. 1986—Subsec. (c). Pub. L. 99272 substituted “under any Federal law other than this chapter” for “under any Federal law,”, “section 2291(c) or 2296(c) of this title” for “section 2296(c) of this title”, and “If such training allowance” for “If the training allowance”. 1981—Subsec. (a). Pub. L. 9735, § 2504(a)(1), substituted provisions setting forth amount of allowance as reduced (but not below zero) by training allowance and income deductions for provisions setting forth amount of allowance as computed by specified percentages of wages and reduced by paid remuneration. Subsecs. (c), (d). Pub. L. 9735, § 2504(a)(2)(4), redesignated subsec. (d) as (c) and struck out references to unemployment insurance and to the inapplicability of former subsecs. (c) and (e) of this section. Former subsec. (c), which related to the computation of unemployment insurance, was struck out. Subsec. (e). Pub. L. 9735, § 2504(a)(2), struck out subsec. (e) which related to maximum total for all remuneration and allowances. Subsec. (f). Pub. L. 9735, § 2504(a)(2), struck out subsec. (f) which authorized rounding off to whole dollar amounts.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 2015 RevivalFor 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. 11427, 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. 11427, see section 406 of Pub. L. 11427, set out as a note preceding section 2271 of this title.
Effective and Termination Dates of 2011 RevivalFor 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. 11240, set out as a note preceding section 2271 of this title. Section 233 of Pub. L. 11240, 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. 11427, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effective June 29, 2015. See Codification note above.
Effective and Termination Dates of 2009 AmendmentExcept as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 1115 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 1115, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 1115, 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. 1115 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. 1115 had never been enacted, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above.
Effective Date of 1988 AmendmentAmendment by section 1423(b)(1) effective Aug. 23, 1988, and amendment by section 1423(b)(2) of Pub. L. 100418 effective on the date that is 90 days after Aug. 23, 1988, see section 1430(a), (f) of Pub. L. 100418, set out as an Effective Date note under section 2397 of this title.
Effective Date of 1981 Amendment and Transition ProvisionsAmendment by Pub. L. 9735 applicable to allowances payable for weeks of unemployment which begin after Sept. 30, 1981, with transition provisions applicable, see section 2514 of Pub. L. 9735, set out as a note under section 2291 of this title.
Termination DateNo 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. 93618, as modified by section 406(a)(7) of Pub. L. 11427, set out as notes preceding section 2271 of this title.
Reference to Subsec. (d) Deemed Reference to (c)Pub. L. 9735, title XXV, § 2504(b), Aug. 13, 1981, 95 Stat. 883, provided that: “Any reference in any law to subsection (d) of section 232 of the Trade Act of 1974 [former subsec. (d) of this section] shall be considered a reference to subsection (c) thereof [subsec. (c) of this section].”
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# 19 U.S.C. § 2294 - Application of State laws
## Text
Except where inconsistent with the provisions of this part and subject to such regulations as the Secretary may prescribe, the availability and disqualification provisions of the State law—
(1) under which an adversely affected worker is entitled to unemployment insurance (whether or not he has filed a claim for such insurance), or
(2) if he is not so entitled to unemployment insurance, of the State in which he was totally or partially separated,
shall apply to any such worker who files a claim for trade readjustment allowances. The State law so determined with respect to a separation of a worker shall remain applicable, for purposes of the preceding sentence, with respect to such separation until such worker becomes entitled to unemployment insurance under another State law (whether or not he has filed a claim for such insurance).
(Pub. L. 93618, title II, § 234, Jan. 3, 1975, 88 Stat. 2022; Pub. L. 1115, div. B, title I, § 1825, Feb. 17, 2009, 123 Stat. 378; Pub. L. 11240, title II, §§ 201(b), (c), 212(b), Oct. 21, 2011, 125 Stat. 403, 404; Pub. L. 11427, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)
## Notes
Termination of AssistanceFor termination of assistance under this part after June 30, 2022, see Termination Date note below.
Editorial Notes
Codification 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. 11240, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 11427, 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. 11427, §§ 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. 1115, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 1115, was repealed by Pub. L. 11240, 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. 11240, §§ 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.
Amendments2015—Pub. L. 11427, §§ 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. 11240, §§ 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. Subsec. (b). Pub. L. 11240, §§ 212(b), 233, temporarily amended subsec. (b) generally. Prior to amendment, text read as follows: “Any law, regulation, policy, or practice of a cooperating State that allows for a waiver for good cause of any time limitation relating to the administration of the State unemployment insurance law shall, in the administration of the program under this part by the State, apply to any time limitation with respect to an application for a trade readjustment allowance or enrollment in training under this part.” See Codification note above and 2009 Amendment and Effective and Termination Dates of 2011 Revival notes below. 2009—Pub. L. 1115, §§ 1825, 1893, temporarily designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 2015 RevivalFor 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. 11427, 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. 11427, see section 406 of Pub. L. 11427, set out as a note preceding section 2271 of this title.
Effective and Termination Dates of 2011 RevivalFor 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. 11240, set out as a note preceding section 2271 of this title. Section 233 of Pub. L. 11240, 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. 11427, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effective June 29, 2015. See Codification note above.
Effective and Termination Dates of 2009 AmendmentExcept as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 1115 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 1115, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 1115, 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. 1115 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. 1115 had never been enacted, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above.
Termination DateNo 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. 93618, as modified by section 406(a)(7) of Pub. L. 11427, set out as notes preceding section 2271 of this title.
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# 19 U.S.C. § 2295 - Employment services
## Text
The Secretary shall make every reasonable effort to secure for adversely affected workers covered by a certification under subpart A of this part counseling, testing, and placement services, and supportive and other services, provided for under any other Federal law, including the services provided through one-stop delivery systems described in section 2864(c) of title 29. The Secretary shall, whenever appropriate, procure such services through agreements with the States.
(Pub. L. 93618, title II, § 235, Jan. 3, 1975, 88 Stat. 2023; Pub. L. 100418, title I, § 1424(d)(1)(A), Aug. 23, 1988, 102 Stat. 1249; Pub. L. 107210, div. A, title I, § 119, Aug. 6, 2002, 116 Stat. 942; Pub. L. 1115, div. B, title I, § 1826(a), Feb. 17, 2009, 123 Stat. 379; Pub. L. 11240, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; Pub. L. 11427, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)
## Notes
Termination of AssistanceFor termination of assistance under this part after June 30, 2022, see Termination Date note below.
Editorial Notes
Codification 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. 11240, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 11427, 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. 11427, §§ 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. 1115, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 1115, was repealed by Pub. L. 11240, 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. 11240, §§ 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.
Amendments2015—Pub. L. 11427, §§ 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. 11240, §§ 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—Pub. L. 1115, §§ 1826(a), 1893, temporarily amended section generally. Prior to amendment, text read as follows: “The Secretary shall make every reasonable effort to secure for adversely affected workers covered by a certification under subpart A of this part counseling, testing, and placement services, and supportive and other services, provided for under any other Federal law, including the services provided through one-stop delivery systems described in section 2864(c) of title 29. The Secretary shall, whenever appropriate, procure such services through agreements with the States.” See Codification note above and Effective and Termination Dates of 2009 Amendment note below. 2002—Pub. L. 107210 inserted “, including the services provided through one-stop delivery systems described in section 2864(c) of title 29” before period at end of first sentence. 1988—Pub. L. 100418 substituted “the States” for “cooperating State agencies”.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 2015 RevivalFor 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. 11427, 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. 11427, see section 406 of Pub. L. 11427, set out as a note preceding section 2271 of this title.
Effective and Termination Dates of 2011 RevivalFor 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. 11240, set out as a note preceding section 2271 of this title. Section 233 of Pub. L. 11240, 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. 11427, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effective June 29, 2015. See Codification note above.
Effective and Termination Dates of 2009 AmendmentExcept as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 1115 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 1115, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 1115, 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. 1115 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. 1115 had never been enacted, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above.
Effective Date of 2002 AmendmentAmendment by Pub. L. 107210 applicable to petitions for certification filed under this part or part 3 of this subchapter on or after the date that is 90 days after Aug. 6, 2002, except as otherwise provided, see section 151 of Pub. L. 107210, set out as a note preceding section 2271 of this title.
Termination DateNo 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. 93618, as modified by section 406(a)(7) of Pub. L. 11427, set out as notes preceding section 2271 of this title.
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# 19 U.S.C. § 2295a - Omitted
## Notes
Editorial Notes
Codification Section, Pub. L. 93618, title II, § 235A, as added Pub. L. 1115, div. B, title I, § 1827(a), Feb. 17, 2009, 123 Stat. 380; as added and amended Pub. L. 11240, title II, §§ 201(b), (c), 214(b)(1), Oct. 21, 2011, 125 Stat. 403, 405; as added Pub. L. 11427, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374, was omitted in view of the reversion of this part, effective July 1, 2021, to provisions in effect on Jan. 1, 2014, by section 406 of Pub. L. 11427, set out as a note preceding section 2271 of this title. Prior to omission, section 2295a read as follows: “§ 2295a. Limitations on administrative expenses and employment and case management services “Of the funds made available to a State to carry out sections 2295 through 2298 of this title for a fiscal year, the State shall use— “(1) not more than 10 percent for the administration of the trade adjustment assistance for workers program under this part, including for— “(A) processing waivers of training requirements under section 2291 of this title; “(B) collecting, validating, and reporting data required under this part; and “(C) providing reemployment trade adjustment assistance under section 2318 of this title; and “(2) not less than 5 percent for employment and case management services under section 2295 of this title.”
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# 19 U.S.C. § 2297 - Job search allowances
## Text
(a) Job search allowance authorized (1) In general An adversely affected worker covered by a certification issued under subpart A of this part may file an application with the Secretary for payment of a job search allowance.
(2) Approval of applications The Secretary may grant an allowance pursuant to an application filed under paragraph (1) when all of the following apply:
(A) Assist adversely affected worker The allowance is paid to assist an adversely affected worker who has been totally separated in securing a job within the United States.
(B) Local employment not available The Secretary determines that the worker cannot reasonably be expected to secure suitable employment in the commuting area in which the worker resides.
(C) Application The worker has filed an application for the allowance with the Secretary before—
(i) the later of—
(I) the 365th day after the date of the certification under which the worker is certified as eligible; or
(II) the 365th day after the date of the workers last total separation; or
(ii) the date that is the 182d day after the date on which the worker concluded training, unless the worker received a waiver under section 2291(c) of this title.
(b) Amount of allowance (1) In general An allowance granted under subsection (a) shall provide reimbursement to the worker of 90 percent of the cost of necessary job search expenses as prescribed by the Secretary in regulations.
(2) Maximum allowance Reimbursement under this subsection may not exceed $1,250 for any worker.
(3) Allowance for subsistence and transportation Reimbursement under this subsection may not be made for subsistence and transportation expenses at levels exceeding those allowable under section 2296(b)(1) and (2) of this title.
(c) Exception Notwithstanding subsection (b), the Secretary shall reimburse any adversely affected worker for necessary expenses incurred by the worker in participating in a job search program approved by the Secretary.
(Pub. L. 93618, title II, § 237, Jan. 3, 1975, 88 Stat. 2023; Pub. L. 9735, title XXV, § 2507, Aug. 13, 1981, 95 Stat. 886; Pub. L. 98369, div. B, title VI, § 2672(a), July 18, 1984, 98 Stat. 1172; Pub. L. 99272, title XIII, § 13005(a), Apr. 7, 1986, 100 Stat. 303; Pub. L. 107210, div. A, title I, § 121, Aug. 6, 2002, 116 Stat. 942; Pub. L. 1115, div. B, title I, § 1833(a), Feb. 17, 2009, 123 Stat. 386; Pub. L. 11240, title II, §§ 201(b), (c), 214(d), Oct. 21, 2011, 125 Stat. 403, 406; Pub. L. 11427, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)
## Notes
Termination of AssistanceFor termination of assistance under this part after June 30, 2022, see Termination Date note below.
Editorial Notes
Codification 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. 11240, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 11427, 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. 11427, §§ 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. 1115, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 1115, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 1115 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 11240, §§ 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.
Amendments2015—Pub. L. 11427, §§ 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. 11240, §§ 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. Subsec. (a)(1). Pub. L. 11240, §§ 214(d)(1), 233, temporarily substituted “Each State may use funds made available to the State to carry out sections 2295 through 2298 of this title to allow an adversely affected worker” for “An adversely affected worker” and “to file” for “may file”. See Codification note above and Effective and Termination Dates of 2011 Revival note below. Subsec. (b)(1). Pub. L. 11240, §§ 214(d)(2)(A), 233, temporarily substituted “Any” for “An” and “not more than 90 percent of the necessary job search expenses of the worker” for “all necessary job search expenses”. See Codification note above and Effective and Termination Dates of 2011 Revival note below. Subsec. (b)(2). Pub. L. 11240, §§ 214(d)(2)(B), 233, temporarily substituted “$1,250” for “$1,500”. See Codification note above and Effective and Termination Dates of 2011 Revival note below. Subsec. (c). Pub. L. 11240, §§ 214(d)(3), 233, temporarily substituted “a State may” for “the Secretary shall”. See Codification note above and Effective and Termination Dates of 2011 Revival note below. 2009—Subsec. (a)(2)(C)(ii). Pub. L. 1115, §§ 1833(a)(1), 1893, temporarily struck out “, unless the worker received a waiver under section 2291(c) of this title” before period. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (b)(1). Pub. L. 1115, §§ 1833(a)(2)(A), 1893, temporarily substituted “all” for “90 percent of the cost of”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (b)(2). Pub. L. 1115, §§ 1833(a)(2)(B), 1893, temporarily substituted “$1,500” for “$1,250”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. 2002—Pub. L. 107210 amended section generally. Prior to amendment, section related to applications for job search allowances, amounts of allowances, conditions for granting allowances, and reimbursement of worker expenses. 1986—Subsec. (c). Pub. L. 99272 added subsec. (c). 1984—Subsec. (a)(1). Pub. L. 98369 substituted “$800” for “$600”. 1981—Subsec. (a). Pub. L. 9735, § 2507(1), amended provisions generally, increasing percent of reimbursement of cost of job search from 80 to 90 and maximum amount from $500 to $600, and striking out requirement of total separation. Subsec. (b)(1). Pub. L. 9735, § 2507(2)(A), inserted “who has been totally separated” after “to assist an adversely affected worker”. Subsec. (b)(3). Pub. L. 9735, § 2507(2)(B), amended par. (3) generally, substituting the 182-day period for a reasonable period of time and inserting provision relating to 365 days after certification.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 2015 RevivalFor 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. 11427, 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. 11427, see section 406 of Pub. L. 11427, set out as a note preceding section 2271 of this title.
Effective and Termination Dates of 2011 RevivalFor 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. 11240, set out as a note preceding section 2271 of this title. Section 233 of Pub. L. 11240, 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. 11427, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effective June 29, 2015. See Codification note above.
Effective and Termination Dates of 2009 AmendmentExcept as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 1115 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 1115, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 1115, 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. 1115 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. 1115 had never been enacted, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above.
Effective Date of 2002 AmendmentAmendment by Pub. L. 107210 applicable to petitions for certification filed under this part or part 3 of this subchapter on or after the date that is 90 days after Aug. 6, 2002, except as otherwise provided, see section 151 of Pub. L. 107210, set out as a note preceding section 2271 of this title.
Effective Date of 1981 Amendment and Transition ProvisionsAmendment by Pub. L. 9735 effective for determinations made or filed after Sept. 30, 1981, with transition provisions applicable, see section 2514 of Pub. L. 9735, set out as a note under section 2291 of this title.
Termination DateNo 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. 93618, as modified by section 406(a)(7) of Pub. L. 11427, set out as notes preceding section 2271 of this title.
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# 19 U.S.C. § 2298 - Relocation allowances
## Text
(a) Relocation allowance authorized (1) In general Any adversely affected worker covered by a certification issued under subpart A of this part may file an application for a relocation allowance with the Secretary, and the Secretary may grant the relocation allowance, subject to the terms and conditions of this section.
(2) Conditions for granting allowance A relocation allowance may be granted if all of the following terms and conditions are met:
(A) Assist an adversely affected worker The relocation allowance will assist an adversely affected worker in relocating within the United States.
(B) Local employment not available The Secretary determines that the worker cannot reasonably be expected to secure suitable employment in the commuting area in which the worker resides.
(C) Total separation The worker is totally separated from employment at the time relocation commences.
(D) Suitable employment obtained The worker—
(i) has obtained suitable employment affording a reasonable expectation of long-term duration in the area in which the worker wishes to relocate; or
(ii) has obtained a bona fide offer of such employment.
(E) Application The worker filed an application with the Secretary before—
(i) the later of—
(I) the 425th day after the date of the certification under subpart A of this part; or
(II) the 425th day after the date of the workers last total separation; or
(ii) the date that is the 182d day after the date on which the worker concluded training, unless the worker received a waiver under section 2291(c) of this title.
(b) Amount of allowance The relocation allowance granted to a worker under subsection (a) includes—
(1) 90 percent of the reasonable and necessary expenses (including, but not limited to, subsistence and transportation expenses at levels not exceeding those allowable under section 2296(b)(1) and (2) of this title specified in regulations prescribed by the Secretary) incurred in transporting the worker, the workers family, and household effects; and
(2) a lump sum equivalent to 3 times the workers average weekly wage, up to a maximum payment of $1,250.
(c) Limitations A relocation allowance may not be granted to a worker unless—
(1) the relocation occurs within 182 days after the filing of the application for relocation assistance; or
(2) the relocation occurs within 182 days after the conclusion of training, if the worker entered a training program approved by the Secretary under section 2296(b)(1) and (2) of this title.
(Pub. L. 93618, title II, § 238, Jan. 3, 1975, 88 Stat. 2024; Pub. L. 9735, title XXV, § 2508, Aug. 13, 1981, 95 Stat. 886; Pub. L. 98369, div. B, title VI, § 2672(b), July 18, 1984, 98 Stat. 1172; Pub. L. 107210, div. A, title I, § 122, Aug. 6, 2002, 116 Stat. 943; Pub. L. 108429, title II, § 2004(a)(6), Dec. 3, 2004, 118 Stat. 2590; Pub. L. 1115, div. B, title I, § 1833(b), Feb. 17, 2009, 123 Stat. 386; Pub. L. 11240, title II, §§ 201(b), (c), 214(e), Oct. 21, 2011, 125 Stat. 403, 406; Pub. L. 11427, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)
## Notes
Termination of AssistanceFor termination of assistance under this part after June 30, 2022, see Termination Date note below.
Editorial Notes
Codification 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. 11240, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 11427, 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. 11427, §§ 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. 1115, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 1115, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 1115 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 11240, §§ 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.
Amendments2015—Pub. L. 11427, §§ 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. 11240, §§ 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. Subsec. (a)(1). Pub. L. 11240, §§ 214(e)(1), 233, temporarily substituted “Each State may use funds made available to the State to carry out sections 2295 through 2298 of this title to allow an adversely affected worker” for “Any adversely affected worker” and “to file” for “may file”. See Codification note above and Effective and Termination Dates of 2011 Revival note below. Subsec. (b). Pub. L. 11240, §§ 214(e)(2)(A), 233, in introductory provisions, temporarily substituted “Any” for “The” and “shall include” for “includes”. See Codification note above and Effective and Termination Dates of 2011 Revival note below. Subsec. (b)(1). Pub. L. 11240, §§ 214(e)(2)(B), 233, temporarily substituted “not more than 90 percent of the” for “all”. See Codification note above and Effective and Termination Dates of 2011 Revival note below. Subsec. (b)(2). Pub. L. 11240, §§ 214(e)(2)(C), 233, temporarily substituted “$1,250” for “$1,500”. See Codification note above and Effective and Termination Dates of 2011 Revival note below. 2009—Subsec. (a)(2)(E)(ii). Pub. L. 1115, §§ 1833(b)(1), 1893, temporarily struck out “, unless the worker received a waiver under section 2291(c) of this title” before period. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (b)(1). Pub. L. 1115, §§ 1833(b)(2)(A), 1893, temporarily substituted “all” for “90 percent of the”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (b)(2). Pub. L. 1115, §§ 1833(b)(2)(B), 1893, temporarily substituted “$1,500” for “$1,250”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. 2004—Subsec. (b)(1). Pub. L. 108429 substituted “Secretary)” for “Secretary,”. 2002—Pub. L. 107210 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (d) authorizing relocation allowances, specifying the conditions for granting them, and defining “relocation allowance”. 1984—Subsec. (d)(2). Pub. L. 98369 substituted “$800” for “$600”. 1981—Subsec. (a). Pub. L. 9735, § 2508(1), inserted provisions relating to time for filing application and struck out provisions respecting total separation. Subsec. (b)(3). Pub. L. 9735, § 2508(2), added par. (3). Subsec. (c). Pub. L. 9735, § 2508(3), substituted provisions respecting 182-day requirements for provisions respecting requirements involving entitlements for the week in which the application is filed and relocation occurring within a reasonable period of time. Subsec. (d)(1). Pub. L. 9735, § 2508(4)(A), increased percentage from 80 to 90 percent and inserted provision respecting allowable levels of subsistence and travel expenses. Subsec. (d)(2). Pub. L. 9735, § 2508(4)(B), increased maximum payment from $500 to $600.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 2015 RevivalFor 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. 11427, 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. 11427, see section 406 of Pub. L. 11427, set out as a note preceding section 2271 of this title.
Effective and Termination Dates of 2011 RevivalFor 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. 11240, set out as a note preceding section 2271 of this title. Section 233 of Pub. L. 11240, 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. 11427, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effective June 29, 2015. See Codification note above.
Effective and Termination Dates of 2009 AmendmentExcept as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 1115 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 1115, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 1115, 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. 1115 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. 1115 had never been enacted, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above.
Effective Date of 2002 AmendmentAmendment by Pub. L. 107210 applicable to petitions for certification filed under this part or part 3 of this subchapter on or after the date that is 90 days after Aug. 6, 2002, except as otherwise provided, see section 151 of Pub. L. 107210, set out as a note preceding section 2271 of this title.
Effective Date of 1981 Amendment and Transition ProvisionsAmendment by Pub. L. 9735 effective for determinations made or filed after Sept. 30, 1981, with transition provisions applicable, see section 2514 of Pub. L. 9735, set out as a note under section 2291 of this title.
Termination DateNo 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. 93618, as modified by section 406(a)(7) of Pub. L. 11427, set out as notes preceding section 2271 of this title.
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# 19 U.S.C. § 2312 - Administration absent State agreement
## Text
(a) Promulgation of regulations; fair hearing In any State where there is no agreement in force between a State or its agency under section 2311 of this title, the Secretary shall arrange under regulations prescribed by him for performance of all necessary functions under subpart B of this part, including provision for a fair hearing for any worker whose application for payments is denied.
(b) Review of final determination A final determination under subsection (a) with respect to entitlement to program benefits under subpart B of this part is subject to review by the courts in the same manner and to the same extent as is provided by section 405(g) of title 42.
(Pub. L. 93618, title II, § 240, Jan. 3, 1975, 88 Stat. 2025.)
## Notes
Statutory Notes and Related Subsidiaries
Termination DateNo 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. 93618, as modified by section 406(a)(7) of Pub. L. 11427, set out as notes preceding section 2271 of this title.
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# 19 U.S.C. § 2313 - Payments to States
## Text
(a) Certification to Secretary of the Treasury for payment to cooperating States The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each cooperating State the sums necessary to enable such State as agent of the United States to make payments provided for by this part.
(b) Utilization or return of money All money paid a State under this section shall be used solely for the purposes for which it is paid; and money so paid which is not used for such purposes shall be returned, at the time specified in the agreement under this subpart, to the Secretary of the Treasury.
(c) Surety bonds Any agreement under this subpart may require any officer or employee of the State certifying payments or disbursing funds under the agreement or otherwise participating in the performance of the agreement, to give a surety bond to the United States in such amount as the Secretary may deem necessary, and may provide for the payment of the cost of such bond from funds for carrying out the purposes of this part.
(Pub. L. 93618, title II, § 241, Jan. 3, 1975, 88 Stat. 2025; Pub. L. 9735, title XXV, § 2513(b), Aug. 13, 1981, 95 Stat. 889.)
## Notes
Editorial Notes
Amendments1981—Subsec. (a). Pub. L. 9735 struck out provisions relating to payment to the State by the Secretary of the Treasury from the Adjustment Assistance Trust Fund prior to audit or settlement by the General Accounting Office. Subsec. (b). Pub. L. 9735 struck out provisions relating to crediting money returned to the Secretary of the Treasury to the Adjustment Assistance Trust Fund.
Statutory Notes and Related Subsidiaries
Effective Date of 1981 Amendment and Transition ProvisionsAmendment by Pub. L. 9735 effective Aug. 1981, with transition provisions applicable, see section 2514 of Pub. L. 9735, set out as a note under section 2291 of this title.
Termination DateNo 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. 93618, as modified by section 406(a)(7) of Pub. L. 11427, set out as notes preceding section 2271 of this title.
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# 19 U.S.C. § 2314 - Liabilities of certifying and disbursing officers
## Text
(a) Certifying officer No person designated by the Secretary, or designated pursuant to an agreement under this subpart, as a certifying officer, shall, in the absence of gross negligence or intent to defraud the United States, be liable with respect to any payment certified by him under this part.
(b) Disbursing officer No disbursing officer shall, in the absence of gross negligence or intent to defraud the United States, be liable with respect to any payment by him under this part if it was based upon a voucher signed by a certifying officer designated as provided in subsection (a).
(Pub. L. 93618, title II, § 242, Jan. 3, 1975, 88 Stat. 2026.)
## Notes
Statutory Notes and Related Subsidiaries
Termination DateNo 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. 93618, as modified by section 406(a)(7) of Pub. L. 11427, set out as notes preceding section 2271 of this title.
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# 19 U.S.C. § 2315 - Fraud and recovery of overpayments
## Text
(a) Repayment; deductions (1) If a cooperating State agency, the Secretary, or a court of competent jurisdiction determines that any person has received any payment under this part to which the person was not entitled, including a payment referred to in subsection (b), such person shall be liable to repay such amount to the State agency or the Secretary, as the case may be, except that the State agency or the Secretary may waive such repayment if such agency or the Secretary determines, in accordance with guidelines prescribed by the Secretary, that—
(A) the payment was made without fault on the part of such individual, and
(B) requiring such repayment would be contrary to equity and good conscience.
(2) Unless an overpayment is otherwise recovered, or waived under paragraph (1), the State agency or the Secretary shall recover the overpayment by deductions from any sums payable to such person under this part, under any Federal unemployment compensation law administered by the State agency or the Secretary, or under any other Federal law administered by the State agency or the Secretary which provides for the payment of assistance or an allowance with respect to unemployment, and, notwithstanding any other provision of State law or Federal law to the contrary, the Secretary may require the State agency to recover any overpayment under this part by deduction from any unemployment insurance payable to such person under the State law, except that no single deduction under this paragraph shall exceed 50 percent of the amount otherwise payable.
(b) False representation or nondisclosure of material fact If a cooperating State agency, the Secretary, or a court of competent jurisdiction determines that an individual—
(1) knowingly has made, or caused another to make, a false statement or representation of a material fact, or
(2) knowingly has failed, or caused another to fail, to disclose a material fact,
and as a result of such false statement or representation, or of such nondisclosure, such individual has received any payment under this part to which the individual was not entitled, such individual shall, in addition to any other penalty provided by law, be ineligible for any further payments under this part.
(c) Notice of determination; fair hearing; finality Except for overpayments determined by a court of competent jurisdiction, no repayment may be required, and no deduction may be made, under this section until a determination under subsection (a)(1) by the State agency or the Secretary, as the case may be, has been made, notice of the determination and an opportunity for a fair hearing thereon has been given to the individual concerned, and the determination has become final.
(d) Recovered amount returned to Treasury Any amount recovered under this section shall be returned to the Treasury of the United States.
(Pub. L. 93618, title II, § 243, Jan. 3, 1975, 88 Stat. 2026; Pub. L. 9735, title XXV, § 2509, Aug. 13, 1981, 95 Stat. 887; Pub. L. 1115, div. B, title I, § 1855, Feb. 17, 2009, 123 Stat. 394; Pub. L. 11240, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; Pub. L. 11427, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)
## Notes
Termination of AssistanceFor termination of assistance under this part after June 30, 2022, see Termination Date note below.
Editorial Notes
Codification 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. 11240, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 11427, 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. 11427, §§ 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. 1115, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 1115, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 1115 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 11240, §§ 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.
Amendments2015—Pub. L. 11427, §§ 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. 11240, §§ 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. (a)(1). Pub. L. 1115, §§ 1855(1), 1893, in introductory provisions, temporarily substituted “shall waive” for “may waive” and struck out “, in accordance with guidelines prescribed by the Secretary,” before “that—”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (a)(1)(B). Pub. L. 1115, §§ 1855(2), 1893, temporarily substituted “would cause a financial hardship for the individual (or the individuals household, if applicable) when taking into consideration the income and resources reasonably available to the individual (or household) and other ordinary living expenses of the individual (or household)” for “would be contrary to equity and good conscience”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. 1981—Subsec. (a). Pub. L. 9735 designated existing provisions as par. (1), revised provisions, made changes in nomenclature and, among other changes, inserted provisions respecting waiver, and added par. (2). Subsec. (b). Pub. L. 9735 substituted provisions relating to ineligibility for other payments for provisions relating to deposit, return, and credit of repayments. Subsecs. (c), (d). Pub. L. 9735 added subsecs. (c) and (d).
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 2015 RevivalFor 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. 11427, 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. 11427, see section 406 of Pub. L. 11427, set out as a note preceding section 2271 of this title.
Effective and Termination Dates of 2011 RevivalFor 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. 11240, set out as a note preceding section 2271 of this title. Section 233 of Pub. L. 11240, 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. 11427, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effective June 29, 2015. See Codification note above.
Effective and Termination Dates of 2009 AmendmentExcept as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 1115 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 1115, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 1115, 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. 1115 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. 1115 had never been enacted, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above.
Effective Date of 1981 Amendment and Transition ProvisionsAmendment by Pub. L. 9735 effective Aug. 13, 1981, with transition provisions applicable, see section 2514 of Pub. L. 9735, set out as a note under section 2291 of this title.
Termination DateNo 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. 93618, as modified by section 406(a)(7) of Pub. L. 11427, set out as notes preceding section 2271 of this title.
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# 19 U.S.C. § 2316 - Penalties
## Text
Whoever makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, for the purpose of obtaining or increasing for himself or for any other person any payment authorized to be furnished under this part or pursuant to an agreement under section 2311 of this title shall be fined not more than $1,000 or imprisoned for not more than one year, or both.
(Pub. L. 93618, title II, § 244, Jan. 3, 1975, 88 Stat. 2026; Pub. L. 1115, div. B, title I, § 1801(d), Feb. 17, 2009, 123 Stat. 369; Pub. L. 11240, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; Pub. L. 11427, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)
## Notes
Termination of AssistanceFor termination of assistance under this part after June 30, 2022, see Termination Date note below.
Editorial Notes
Codification 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. 11240, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 11427, 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. 11427, §§ 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. 1115, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 1115, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 1115 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 11240, §§ 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.
Amendments2015—Pub. L. 11427, §§ 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. 11240, §§ 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—Pub. L. 1115, §§ 1801(d), 1893, temporarily amended section generally. Prior to amendment, text read as follows: “Whoever makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, for the purpose of obtaining or increasing for himself or for any other person any payment authorized to be furnished under this part or pursuant to an agreement under section 2311 of this title shall be fined not more than $1,000 or imprisoned for not more than one year, or both.” See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 2015 RevivalFor 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. 11427, 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. 11427, see section 406 of Pub. L. 11427, set out as a note preceding section 2271 of this title.
Effective and Termination Dates of 2011 RevivalFor 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. 11240, set out as a note preceding section 2271 of this title. Section 233 of Pub. L. 11240, 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. 11427, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effective June 29, 2015. See Codification note above.
Effective and Termination Dates of 2009 AmendmentExcept as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 1115 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 1115, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 1115, 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. 1115 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. 1115 had never been enacted, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above.
Termination DateNo 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. 93618, as modified by section 406(a)(7) of Pub. L. 11427, set out as notes preceding section 2271 of this title.
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# 19 U.S.C. § 2317 - Authorization of appropriations
## Text
(a) In general There are authorized to be appropriated to the Department of Labor, for the period beginning October 1, 2001, and ending December 31, 2007,11 See Application of Subsection (a) note below. such sums as may be necessary to carry out the purposes of this part.
(b) Period of expenditure Funds obligated for any fiscal year to carry out activities under sections 2295 through 2298 of this title may be expended by each State receiving such funds during that fiscal year and the succeeding two fiscal years.
(Pub. L. 93618, title II, § 245, Jan. 3, 1975, 88 Stat. 2026; Pub. L. 9735, title XXV, § 2510, Aug. 13, 1981, 95 Stat. 888; Pub. L. 98120, § 2(a), Oct. 12, 1983, 97 Stat. 809; Pub. L. 99272, title XIII, § 13008(a), Apr. 7, 1986, 100 Stat. 305; Pub. L. 100418, title I, § 1426(b)(1), Aug. 23, 1988, 102 Stat. 1251; Pub. L. 10366, title XIII, § 13803(a)(2), Aug. 10, 1993, 107 Stat. 668; Pub. L. 103182, title V, § 504, Dec. 8, 1993, 107 Stat. 2151; Pub. L. 105277, div. J, title I, § 1012(a), Oct. 21, 1998, 112 Stat. 2681900; Pub. L. 106113, div. B, § 1000(a)(5) [title VII, § 702(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A319; Pub. L. 107210, div. A, title I, §§ 111(a), 120, Aug. 6, 2002, 116 Stat. 936, 942; Pub. L. 109280, title XIV, § 1635(f)(3), Aug. 17, 2006, 120 Stat. 1171; Pub. L. 11089, § 1(a), Sept. 28, 2007, 121 Stat. 982; Pub. L. 1115, div. B, title I, § 1892(a), Feb. 17, 2009, 123 Stat. 421; Pub. L. 111344, title I, § 101(c)(2), Dec. 29, 2010, 124 Stat. 3613; Pub. L. 11240, title II, §§ 201(b), (c), 214(c), 217, Oct. 21, 2011, 125 Stat. 403, 405, 409; Pub. L. 11427, title IV, §§ 402(b), (c), 403(d)(1), June 29, 2015, 129 Stat. 374.)
## Notes
Termination of AssistanceFor termination of assistance under this part after June 30, 2022, see Termination Date note below.
Editorial Notes
Codification 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. 11240, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 11427, 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. 11427, §§ 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. 1115, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 1115, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 1115 and Pub. L. 111344 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 11240, §§ 201(b), (c), 233. See 2009, 2010, and 2011 Amendment notes, Effective and Termination Dates of 2009 Amendment notes, Effective Date of 2010 Amendment note, and Effective and Termination Dates of 2011 Revival notes below.
Amendments2015—Pub. L. 11427, §§ 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. Subsec. (a). Pub. L. 11427, §§ 403(d)(1), 406, temporarily substituted “June 30, 2021” for “December 31, 2013”. See Codification note above and Effective and Termination Dates of 2015 Revival note below. 2011—Pub. L. 11240, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 and 2010 Amendment and Effective and Termination Dates of 2011 Revival notes below. Subsec. (a). Pub. L. 11240, §§ 217, 233, temporarily substituted “December 31, 2013” for “February 12, 2011”. See Codification note above and Effective and Termination Dates of 2011 Revival note below. Subsec. (c). Pub. L. 11240, §§ 214(c), 233, temporarily added subsec. (c). See Codification note above and Effective and Termination Dates of 2011 Revival note below. 2010—Subsec. (a). Pub. L. 111344 substituted “February 12, 2011” for “December 31, 2010”. See Codification note above. 2009—Subsec. (a). Pub. L. 1115, §§ 1892(a), 1893, temporarily substituted “December 31, 2010” for “December 31, 2007”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. 2007—Subsec. (a). Pub. L. 11089 substituted “December 31, 2007” for “September 30, 2007”. 2006—Subsec. (a). Pub. L. 109280 struck out “, other than subpart D” before period at end. 2002—Subsec. (a). Pub. L. 107210, § 111(a), substituted “October 1, 2001, and ending September 30, 2007,” for “October 1, 1998, and ending September 30, 2001,”. Subsec. (b). Pub. L. 107210, § 120, amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “There are authorized to be appropriated to the Department of Labor, for the period beginning October 1, 2001, and ending September 30, 2007, such sums as may be necessary to carry out the purposes of subpart D of this part.” Pub. L. 107210, § 111(a), substituted “October 1, 2001, and ending September 30, 2007,” for “October 1, 1998, and ending September 30, 2001,”. 1999—Subsecs. (a), (b). Pub. L. 106113 substituted “September 30, 2001” for “June 30, 1999”. 1998—Subsec. (a). Pub. L. 105277, § 1012(a)(1), substituted “for the period beginning October 1, 1998, and ending June 30, 1999,” for “for each of the fiscal years 1993, 1994, 1995, 1996, 1997, and 1998,”. Subsec. (b). Pub. L. 105277, § 1012(a)(2), substituted “for the period beginning October 1, 1998, and ending June 30, 1999,” for “for each of fiscal years 1994, 1995, 1996, 1997, and 1998,”. 1993—Pub. L. 103182 designated existing provisions as subsec. (a), inserted heading and “, other than subpart D” after “this part”, and added subsec. (b). Pub. L. 10366 substituted “1993, 1994, 1995, 1996, 1997, and 1998” for “1988, 1989, 1990, 1991, 1992, and 1993”. 1988—Pub. L. 100418 substituted “1988, 1989, 1990, 1991, 1992, and 1993” for “1986, 1987, 1988, 1989, 1990, and 1991”. 1986—Pub. L. 99272 substituted “1986, 1987, 1988, 1989, 1990, and 1991” for “1982 through 1985”. 1983—Pub. L. 98120 substituted “each of the fiscal years 1982 through 1985” for “each of fiscal years 1982 and 1983”. 1981—Pub. L. 9735 substituted provisions relating to authorization of appropriations for fiscal years 1982 and 1983 for provisions relating to establishment of the Adjustment Assistance Trust Fund.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 2015 RevivalFor 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. 11427, 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. 11427, see section 406 of Pub. L. 11427, set out as a note preceding section 2271 of this title.
Effective and Termination Dates of 2011 RevivalFor 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. 11240, set out as a note preceding section 2271 of this title. Section 233 of Pub. L. 11240, 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. 11427, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effective June 29, 2015. See Codification note above.
Effective Date of 2010 AmendmentAmendment by Pub. L. 111344 effective Jan. 1, 2011, see section 101(d) of Pub. L. 111344, set out as a note preceding section 2271 of this title.
Effective and Termination Dates of 2009 AmendmentExcept as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 1115 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 1115, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 1115, 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. 1115 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. 1115 had never been enacted, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above.
Effective Date of 2007 AmendmentPub. L. 11089, § 1(e), Sept. 28, 2007, 121 Stat. 982, provided that: “The amendments made by this section [amending this section and sections 2346 and 2401g of this title and provisions set out as a note preceding section 2271 of this title] shall be effective as of October 1, 2007.”
Effective Date of 2006 AmendmentAmendment by Pub. L. 109280 applicable with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after Aug. 17, 2006, see section 1641 of Pub. L. 109280, set out as a note under section 58c of this title.
Effective Date of 2002 AmendmentAmendment by Pub. L. 107210 applicable to petitions for certification filed under this part or part 3 of this subchapter on or after the date that is 90 days after Aug. 6, 2002, except as otherwise provided, see section 151 of Pub. L. 107210, set out as a note preceding section 2271 of this title.
Effective Date of 1999 AmendmentPub. L. 106113, div. B, § 1000(a)(5) [title VII, § 702(e)], Nov. 29, 1999, 113 Stat. 1536, 1501A319, provided that: “The amendments made by this section [amending this section and sections 2331 and 2346 of this title and provisions set out as a note preceding section 2271 of this title] shall be effective as of July 1, 1999.”
Effective Date of 1993 AmendmentAmendment by Pub. L. 103182 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. 103182, formerly set out as a note under section 2271 of this title.
Effective Date of 1986 AmendmentParts 2 and 3 of this subchapter to be applied as if the amendment of this section by Pub. L. 99272 had taken effect Dec. 18, 1985, see section 13009(c) of Pub. L. 99272, set out as a note under section 2291 of this title.
Effective Date of 1981 Amendment and Transition ProvisionsAmendment by Pub. L. 9735 effective Aug. 13, 1981, with transition provisions applicable, see section 2514 of Pub. L. 9735, set out as a note under section 2291 of this title.
Termination DateNo 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. 93618, as modified by section 406(a)(7) of Pub. L. 11427, set out as notes preceding section 2271 of this title.
Application of Subsection (a)Subsection (a) of this section to be applied and administered by substituting “June 30, 2022” for “December 31, 2007”, see section 406(a)(3) of Pub. L. 11427, set out in an Effective and Termination Dates of 2015 Revival note preceding section 2271 of this title.
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# 19 U.S.C. § 2318 - Demonstration project for alternative trade adjustment assistance for older workers
## Text
(a) In general (1) Establishment Not later than 1 year after August 6, 2002, the Secretary shall establish an alternative trade adjustment assistance program for older workers that provides the benefits described in paragraph (2).
(2) Benefits (A) Payments A State shall use the funds provided to the State under section 2313 of this title to pay, for a period not to exceed 2 years, to a worker described in paragraph (3)(B), 50 percent of the difference between—
(i) the wages received by the worker from reemployment; and
(ii) the wages received by the worker at the time of separation.
(B) Health insurance A worker described in paragraph (3)(B) participating in the program established under paragraph (1) is eligible to receive, for a period not to exceed 2 years, a credit for health insurance costs under section 35 of title 26, as added by section 201 of the Trade Act of 2002.
(3) Eligibility (A) Firm eligibility (i) In general The Secretary shall provide the opportunity for a group of workers on whose behalf a petition is filed under section 2271 of this title to request that the group of workers be certified for the alternative trade adjustment assistance program under this section at the time the petition is filed.
(ii) Criteria In determining whether to certify a group of workers as eligible for the alternative trade adjustment assistance program, the Secretary shall consider the following criteria:
(I) Whether a significant number of workers in the workers firm are 50 years of age or older.
(II) Whether the workers in the workers firm possess skills that are not easily transferable.
(III) The competitive conditions within the workers industry.
(iii) Deadline The Secretary shall determine whether the workers in the group are eligible for the alternative trade adjustment assistance program by the date specified in section 2273(a) of this title.
(B) Individual eligibility A worker in the group that the Secretary has certified as eligible for the alternative trade adjustment assistance program may elect to receive benefits under the alternative trade adjustment assistance program if the worker—
(i) is covered by a certification under subpart A of this part;
(ii) obtains reemployment not more than 26 weeks after the date of separation from the adversely affected employment;
(iii) is at least 50 years of age;
(iv) earns not more than $50,000 a year in wages from reemployment;
(v) is employed on a full-time basis as defined by State law in the State in which the worker is employed; and
(vi) does not return to the employment from which the worker was separated.
(4) Total amount of payments The payments described in paragraph (2)(A) made to a worker may not exceed $10,000 per worker during the 2-year eligibility period.
(5) Limitation on other benefits Except as provided in paragraph (2)(B), if a worker is receiving payments pursuant to the program established under paragraph (1), the worker shall not be eligible to receive any other benefits under this subchapter.
(b) Termination (1) In general Except as provided in paragraph (2), no payments may be made by a State under the program established under subsection (a)(1) after the date that is 5 years after the date on which such program is implemented by the State.11 See Application of Subsection (b)(1) note below.
(2) Exception Notwithstanding paragraph (1), a worker receiving payments under the program established under subsection (a)(1) on the termination date described in paragraph (1) shall continue to receive such payments if the worker meets the criteria described in subsection (a)(3)(B).
(Pub. L. 93618, title II, § 246, as added Pub. L. 107210, div. A, title I, § 124(a), Aug. 6, 2002, 116 Stat. 944; amended Pub. L. 108429, title II, § 2004(a)(7), Dec. 3, 2004, 118 Stat. 2590; Pub. L. 1115, div. B, title I, § 1841(a), (b), Feb. 17, 2009, 123 Stat. 386, 389; Pub. L. 111344, title I, § 101(c)(3), Dec. 29, 2010, 124 Stat. 3613; Pub. L. 11240, title II, §§ 201(b), (c), 215, Oct. 21, 2011, 125 Stat. 403, 407; Pub. L. 11427, title IV, §§ 402(b), (c), 403(c), June 29, 2015, 129 Stat. 374.)
## Notes
Termination of AssistanceFor termination of assistance under this part after June 30, 2022, see Termination Date note below.
Editorial Notes
Codification 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. 11240, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 11427, 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. 11427, §§ 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. 1115, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 1115, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 1115 and Pub. L. 111344 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 11240, §§ 201(b), (c), 233. See 2009, 2010, and 2011 Amendment notes, Effective and Termination Dates of 2009 Amendment notes, Effective Date of 2010 Amendment note, and Effective and Termination Dates of 2011 Revival notes below.
Prior ProvisionsA prior section 2318, Pub. L. 93618, title II, § 246, as added Pub. L. 100418, title I, § 1423(d)(1), Aug. 23, 1988, 102 Stat. 1246; amended Pub. L. 101382, title I, § 136, Aug. 20, 1990, 104 Stat. 652, related to supplemental wage allowance demonstration projects, prior to repeal by Pub. L. 107210, div. A, title I, §§ 124(a), 151, Aug. 6, 2002, 116 Stat. 944, 953, applicable to petitions for certification filed under this part or part 3 of this subchapter on or after the date that is 90 days after Aug. 6, 2002. Another prior section 2318, Pub. L. 93618, title II, § 246, Jan. 3, 1975, 88 Stat. 2027, contained transition provisions for events taking place during specified periods prior to the effective date of this part, prior to repeal by Pub. L. 9735, title XXV, § 2513(c), Aug. 13, 1981, 95 Stat. 889.
Amendments2015—Pub. L. 11427, §§ 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. Subsec. (b)(1). Pub. L. 11427, §§ 403(c), 406, temporarily substituted “June 30, 2021” for “December 31, 2013”. See Codification note above and Effective and Termination Dates of 2015 Revival note below. 2011—Pub. L. 11240, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 and 2010 Amendment and Effective and Termination Dates of 2011 Revival notes below. Subsec. (a)(3)(B)(ii). Pub. L. 11240, §§ 215(a)(1), 233, temporarily substituted “$50,000” for “$55,000”. See Codification note above and Effective and Termination Dates of 2011 Revival note below. Subsec. (a)(5)(A)(i), (B)(i). Pub. L. 11240, §§ 215(a)(2), 233, temporarily substituted “$10,000” for “$12,000”. See Codification note above and Effective and Termination Dates of 2011 Revival note below. Subsec. (b)(1). Pub. L. 11240, §§ 215(b), 233, temporarily substituted “December 31, 2013” for “February 12, 2011”. See Codification note above and Effective and Termination Dates of 2011 Revival note below. 2010—Subsec. (b)(1). Pub. L. 111344 substituted “February 12, 2011” for “December 31, 2010”. See Codification note above. 2009—Pub. L. 1115, §§ 1841(a)(1), 1893, temporarily substituted “Reemployment trade adjustment assistance program” for “Demonstration project for alternative trade adjustment assistance for older workers” in section catchline. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (a)(1). Pub. L. 1115, §§ 1841(a)(2)(A), 1893, temporarily substituted “The Secretary” for “Not later than 1 year after August 6, 2002, the Secretary” and “a reemployment trade adjustment assistance program” for “an alternative trade adjustment assistance program for older workers”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (a)(2)(A). Pub. L. 1115, §§ 1841(a)(2)(B)(i)(I), 1893, temporarily substituted “for the eligibility period under subparagraph (A) or (B) of paragraph (4) (as the case may be)” for “for a period not to exceed 2 years” in introductory provisions. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (a)(2)(A)(i), (ii). Pub. L. 1115, §§ 1841(a)(2)(B)(i)(II), 1893, temporarily added cls. (i) and (ii) and struck out former cls. (i) and (ii) which read as follows: “(i) the wages received by the worker from reemployment; and “(ii) the wages received by the worker at the time of separation.” See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (a)(2)(B). Pub. L. 1115, §§ 1841(a)(2)(B)(ii), 1893, temporarily substituted “for the eligibility period under subparagraph (A) or (B) of paragraph (4) (as the case may be)” for “for a period not to exceed 2 years” and struck out “, as added by section 201 of the Trade Act of 2002” before period. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (a)(2)(C). Pub. L. 1115, §§ 1841(a)(2)(B)(iii), 1893, temporarily added subpar. (C). See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (a)(3) to (7). Pub. L. 1115, §§ 1841(a)(2)(C), 1893, temporarily added pars. (3) to (7) and struck out former pars. (3) to (5) which related to eligibility, total amount of payments, and limitation on other benefits, respectively. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (b)(1). Pub. L. 1115, §§ 1841(b), 1893, temporarily substituted “December 31, 2010.” for “the date that is 5 years after the date on which such program is implemented by the State.” See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (b)(2). Pub. L. 1115, §§ 1841(a)(3), 1893, temporarily substituted “subsection (a)(3)” for “subsection (a)(3)(B)”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. 2004—Subsec. (a)(3)(B)(iii). Pub. L. 108429, § 2004(a)(7)(A), struck out “and” after semicolon. Subsec. (a)(5). Pub. L. 108429, § 2004(a)(7)(B), substituted “paragraph (2)(B)” for “section 2298(a)(2)(B) of this title”. Subsec. (b)(2). Pub. L. 108429, § 2004(a)(7)(C), substituted “if” for “provided that”.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 2015 RevivalFor 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. 11427, 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. 11427, see section 406 of Pub. L. 11427, set out as a note preceding section 2271 of this title.
Effective and Termination Dates of 2011 RevivalFor 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. 11240, set out as a note preceding section 2271 of this title. Section 233 of Pub. L. 11240, 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. 11427, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effective June 29, 2015. See Codification note above.
Effective Date of 2010 AmendmentAmendment by Pub. L. 111344 effective Jan. 1, 2011, see section 101(d) of Pub. L. 111344, set out as a note preceding section 2271 of this title.
Effective and Termination Dates of 2009 AmendmentExcept as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 1115 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 1115, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 1115, 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. 1115 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. 1115 had never been enacted, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above.
Effective DateSection applicable to petitions for certification filed under this part or part 3 of this subchapter on or after the date that is 90 days after Aug. 6, 2002, except as otherwise provided, see section 151 of Pub. L. 107210, set out as an Effective Date of 2002 Amendment note preceding section 2271 of this title.
Termination DateNo 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. 93618, as modified by section 406(a) of Pub. L. 11427, set out as notes preceding section 2271 of this title.
Application of Subsection (b)(1)Subsection (b)(1) of this section to be applied and administered by substituting “June 30, 2022” for “the date that is 5 years” and all that follows through “State”, see section 406(a)(4) of Pub. L. 11427, set out in an Effective and Termination Dates of 2015 Revival note preceding section 2271 of this title.
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# 19 U.S.C. § 2319 - Definitions
## Text
For purposes of this part—
(1) The term “adversely affected employment” means employment in a firm or appropriate subdivision of a firm, if workers of such firm or subdivision are eligible to apply for adjustment assistance under this part.
(2) The term “adversely affected worker” means an individual who, because of lack of work in adversely affected employment—
(A) has been totally or partially separated from such employment, or
(B) has been totally separated from employment with the firm in a subdivision of which such adversely affected employment exists.
(3) Repealed. Pub. L. 9735, title XXV, § 2511(1), Aug. 13, 1981, 95 Stat. 888.
(4) The term “average weekly wage” means one-thirteenth of the total wages paid to an individual in the high quarter. For purposes of this computation, the high quarter shall be that quarter in which the individuals total wages were highest among the first 4 of the last 5 completed calendar quarters immediately before the quarter in which occurs the week with respect to which the computation is made. Such week shall be the week in which total separation occurred, or, in cases where partial separation is claimed, an appropriate week, as defined in regulations prescribed by the Secretary.
(5) The term “average weekly hours” means the average hours worked by the individual (excluding overtime) in the employment from which he has been or claims to have been separated in the 52 weeks (excluding weeks during which the individual was sick or on vacation) preceding the week specified in the last sentence of paragraph (4).
(6) The term “partial separation” means, with respect to an individual who has not been totally separated, that he has had—
(A) his hours of work reduced to 80 percent or less of his average weekly hours in adversely affected employment, and
(B) his wages reduced to 80 percent or less of his average weekly wage in such adversely affected employment.
(7) Repealed. Pub. L. 9735, title XXV, § 2511(1), Aug. 13, 1981, 95 Stat. 888.
(8) The term “State” includes the District of Columbia and the Commonwealth of Puerto Rico; and the term “United States” when used in the geographical sense includes such Commonwealth.
(9) The term “State agency” means the agency of the State which administers the State law.
(10) The term “State law” means the unemployment insurance law of the State approved by the Secretary of Labor under section 3304 of title 26.
(11) The term “total separation” means the layoff or severance of an individual from employment with a firm in which, or in a subdivision of which, adversely affected employment exists.
(12) The term “unemployment insurance” means the unemployment compensation payable to an individual under any State law or Federal unemployment compensation law, including chapter 85 of title 5 and the Railroad Unemployment Insurance Act [45 U.S.C. 351 et seq.]. The terms “regular compensation”, “additional compensation”, and “extended compensation” have the same respective meanings that are given them in section 205(2), (3), and (4) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
(13) The term “week” means a week as defined in the applicable State law.
(14) The term “week of unemployment” means a week of total, part-total, or partial unemployment as determined under the applicable State law or Federal unemployment insurance law.
(15) The term “benefit period” means, with respect to an individual—
(A) the benefit year and any ensuing period, as determined under applicable State law, during which the individual is eligible for regular compensation, additional compensation, or extended compensation, or
(B) the equivalent to such a benefit year or ensuing period provided for under the applicable Federal unemployment insurance law.
(16) The term “on-the-job training” means training provided by an employer to an individual who is employed by the employer.
(17) (A) The term “job search program” means a job search workshop or job finding club.
(B) The term “job search workshop” means a short (1 to 3 days) seminar designed to provide participants with knowledge that will enable the participants to find jobs. Subjects are not limited to, but should include, labor market information, resume writing, interviewing techniques, and techniques for finding job openings.
(C) The term “job finding club” means a job search workshop which includes a period (1 to 2 weeks) of structured, supervised activity in which participants attempt to obtain jobs.
(Pub. L. 93618, title II, § 247, Jan. 3, 1975, 88 Stat. 2028; Pub. L. 9735, title XXV, § 2511, Aug. 13, 1981, 95 Stat. 888; Pub. L. 99272, title XIII, §§ 13004(b), 13005(b), Apr. 7, 1986, 100 Stat. 303; Pub. L. 1115, div. B, title I, §§ 1801(a), 1830(a)(2), Feb. 17, 2009, 123 Stat. 367, 384; Pub. L. 11240, title II, §§ 201(b), (c), 211(b), Oct. 21, 2011, 125 Stat. 403; Pub. L. 11427, title IV, §§ 402(b), (c), 404(c), June 29, 2015, 129 Stat. 374, 376.)
## Notes
Termination of AssistanceFor termination of assistance under this part after June 30, 2022, see Termination Date note below.
Editorial Notes
References in TextThe Railroad Unemployment Insurance Act, referred to in par. (12), is act June 25, 1938, ch. 680, 52 Stat. 1094, which is classified principally to chapter 11 (§ 351 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 367 of Title 45 and Tables. Section 205 of the Federal-State Extended Unemployment Compensation Act of 1970, referred to in par. (12), is section 205 of title II of Pub. L. 91373, which is set out in a note under section 3304 of Title 26, Internal Revenue Code.
Codification 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. 11240, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 11427, 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. 11427, §§ 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. 1115, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 1115, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 1115 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 11240, §§ 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.
Amendments2015—Pub. L. 11427, §§ 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. Par. (19). Pub. L. 11427, §§ 404(c), 406, temporarily added par. (19). See Codification note above and Effective and Termination Dates of 2015 Revival note below. 2011—Pub. L. 11240, §§ 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. Par. (3). Pub. L. 11240, §§ 211(b)(1)(A), 233, temporarily substituted “The term” for “Subject to section 2272(d)(5) of this title, the term” in introductory provisions. See Codification note above and Effective and Termination Dates of 2011 Revival note below. Par. (3)(A). Pub. L. 11240, §§ 211(b)(1)(B), 233, temporarily substituted “or service sector firm” for “, service sector firm, or public agency”. See Codification note above and Effective and Termination Dates of 2011 Revival note below. Pars. (7) to (19). Pub. L. 11240, §§ 211(b)(2), (3), 233, temporarily redesignated pars. (8) to (19) as (7) to (18), respectively, and temporarily struck out former par. (7) which read as follows: “The term public agency means a department or agency of a State or local government or of the Federal Government, or a subdivision thereof.” See Codification note above and Effective and Termination Dates of 2011 Revival note below. 2009—Par. (1). Pub. L. 1115, §§ 1801(a)(1), 1893, temporarily struck out “or appropriate subdivision of a firm” after “employment in a firm” and “or subdivision” after “workers of such firm”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Par. (2). Pub. L. 1115, §§ 1801(a)(2), 1893, temporarily substituted “employment, has been totally or partially separated from such employment.” for “employment— “(A) has been totally or partially separated from such employment, or “(B) has been totally separated from employment with the firm in a subdivision of which such adversely affected employment exists.” See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Pars. (3), (7). Pub. L. 1115, §§ 1801(a)(3), (4), 1893, temporarily added pars. (3) and (7). See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Par. (11). Pub. L. 1115, §§ 1801(a)(5), 1893, temporarily struck out “, or in a subdivision of which,” after “firm in which”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Pars. (18), (19). Pub. L. 1115, §§ 1801(a)(6), 1830(a)(2), 1893, temporarily added pars. (18) and (19). See Codification note above and Effective and Termination Dates of 2009 Amendment note below. 1986—Pars. (16), (17). Pub. L. 99272 added pars. (16) and (17). 1981—Par. (3). Pub. L. 9735, § 2511(1), struck out par. (3) defining “average weekly manufacturing wage”. Par. (7). Pub. L. 9735, § 2511(1), struck out par. (7) defining “remuneration”. Par. (12). Pub. L. 9735, § 2511(2), revised par. (12) generally, inserting definitions of “regular compensation”, “additional compensation”, and “extended compensation”. Par. (14). Pub. L. 9735, § 2511(3), substituted provisions requiring determination under the applicable State law or Federal unemployment insurance law for provisions requiring computation applying percent of average weekly wage and time spent prior to separation. Par. (15). Pub. L. 9735, § 2511(4), added par. (15).
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 2015 RevivalFor 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. 11427, 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. 11427, see section 406 of Pub. L. 11427, set out as a note preceding section 2271 of this title.
Effective and Termination Dates of 2011 RevivalFor 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. 11240, set out as a note preceding section 2271 of this title. Section 233 of Pub. L. 11240, 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. 11427, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effective June 29, 2015. See Codification note above.
Effective and Termination Dates of 2009 AmendmentExcept as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 1115 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 1115, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 1115, 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. 1115 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. 1115 had never been enacted, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above.
Effective Date of 1981 Amendment and Transition ProvisionsAmendment by Pub. L. 9735 applicable to allowances payable for weeks of unemployment which begin after Sept. 30, 1981, with transition provisions applicable, see section 2514 of Pub. L. 9735, set out as a note under section 2291 of this title.
Termination DateNo 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. 93618, as modified by section 406(a)(7) of Pub. L. 11427, set out as notes preceding section 2271 of this title.
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# 19 U.S.C. § 2320 - Regulations
## Text
The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this part.
(Pub. L. 93618, title II, § 248, Jan. 3, 1975, 88 Stat. 2029; Pub. L. 1115, div. B, title I, § 1857, Feb. 17, 2009, 123 Stat. 395; Pub. L. 11240, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; Pub. L. 11427, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)
## Notes
Termination of AssistanceFor termination of assistance under this part after June 30, 2022, see Termination Date note below.
Editorial Notes
Codification 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. 11240, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 11427, 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. 11427, §§ 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. 1115, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 1115, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 1115 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 11240, §§ 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.
Amendments2015—Pub. L. 11427, §§ 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. 11240, §§ 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—Pub. L. 1115, §§ 1857, 1893, temporarily designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 2015 RevivalFor 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. 11427, 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. 11427, see section 406 of Pub. L. 11427, set out as a note preceding section 2271 of this title.
Effective and Termination Dates of 2011 RevivalFor 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. 11240, set out as a note preceding section 2271 of this title. Section 233 of Pub. L. 11240, 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. 11427, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effective June 29, 2015. See Codification note above.
Effective and Termination Dates of 2009 AmendmentExcept as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 1115 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 1115, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 1115, 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. 1115 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. 1115 had never been enacted, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above.
Termination DateNo 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. 93618, as modified by section 406(a)(7) of Pub. L. 11427, set out as notes preceding section 2271 of this title.
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# 19 U.S.C. § 2321 - Subpena power
## Text
(a) Subpena by Secretary The Secretary may require by subpena the attendance of witnesses and the production of evidence necessary for him to make a determination under the provisions of this part.
(b) Court order If a person refuses to obey a subpena issued under subsection (a), a United States district court within the jurisdiction of which the relevant proceeding under this part is conducted may, upon petition by the Secretary, issue an order requiring compliance with such subpena.
(Pub. L. 93618, title II, § 249, Jan. 3, 1975, 88 Stat. 2029; Pub. L. 1115, div. B, title I, § 1858(c), Feb. 17, 2009, 123 Stat. 395; Pub. L. 11240, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; Pub. L. 11427, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)
## Notes
Termination of AssistanceFor termination of assistance under this part after June 30, 2022, see Termination Date note below.
Editorial Notes
Codification 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. 11240, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 11427, 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. 11427, §§ 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. 1115, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 1115, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 1115 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 11240, §§ 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.
Amendments2015—Pub. L. 11427, §§ 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. 11240, §§ 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—Pub. L. 1115, §§ 1858(c)(1), (2), 1893, temporarily substituted “Subpoena” for “Subpena” in section catchline and “subpoena” for “subpena” wherever appearing in text. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (a). Pub. L. 1115, §§ 1858(c)(3), 1893, temporarily substituted “the Secretary” for “him”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 2015 RevivalFor 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. 11427, 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. 11427, see section 406 of Pub. L. 11427, set out as a note preceding section 2271 of this title.
Effective and Termination Dates of 2011 RevivalFor 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. 11240, set out as a note preceding section 2271 of this title. Section 233 of Pub. L. 11240, 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. 11427, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effective June 29, 2015. See Codification note above.
Effective and Termination Dates of 2009 AmendmentExcept as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 1115 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 1115, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 1115, 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. 1115 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. 1115 had never been enacted, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above.
Termination DateNo 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. 93618, as modified by section 406(a)(7) of Pub. L. 11427, set out as notes preceding section 2271 of this title.
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# 19 U.S.C. § 2322 - Repealed. Pub. L. 107210, div. A, title I, §123(b)(2), Aug. 6, 2002, 116 Stat. 944
## Notes
Section, Pub. L. 93618, title II, § 249A, as added Pub. L. 103182, title V, § 503(c), Dec. 8, 1993, 107 Stat. 2151, prohibited assistance relating to a separation pursuant to certifications under both subparts A and D of this part.
Prior ProvisionsA prior section 2322, Pub. L. 93618, title II, § 250, Jan. 3, 1975, 88 Stat. 2029, provided for judicial review for workers or groups aggrieved by a final determination by the Secretary under section 2273 of this title, prior to repeal by Pub. L. 96417, title VI, § 612, title VII, § 701(a), Oct. 10, 1980, 94 Stat. 1746, 1747, effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date. See section 2395 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal 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. 107210, set out as a note under section 2331 of this title.
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# 19 U.S.C. § 2331 - Repealed. Pub. L. 107210, div. A, title I, § 123(a), Aug. 6, 2002, 116 Stat. 944
## Notes
Section, Pub. L. 93618, title II, § 250, as added Pub. L. 103182, title V, § 502, Dec. 8, 1993, 107 Stat. 2149; amended Pub. L. 105277, div. J, title I, § 1012(b), Oct. 21, 1998, 112 Stat. 2681901; Pub. L. 106113, div. B, § 1000(a)(5) [title VII, § 702(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A319, established a NAFTA transitional adjustment assistance program.
Editorial Notes
Prior ProvisionsA prior section 250 of Pub. L. 93618, title II, Jan. 3, 1975, 88 Stat. 2029, provided for judicial review for workers or groups aggrieved by a final determination by the Secretary under section 2273 of this title, and was classified to section 2322 of this title, prior to repeal by Pub. L. 96417.
Statutory Notes and Related Subsidiaries
Effective Date of RepealPub. L. 107210, div. A, title I, § 123(c), Aug. 6, 2002, 116 Stat. 944, provided that: “(1) In general.—The amendments made by this section [amending sections 2275 and 2395 of this title and repealing this subpart and section 2322 of this title] shall apply with respect to petitions filed under chapter 2 of title II of the Trade Act of 1974 [this part], on or after the date that is 90 days after the date of enactment of this Act [Aug. 6, 2002]. “(2) Workers certified as eligible before effective date.—Notwithstanding subsection (a), a worker receiving benefits under chapter 2 of title II of the Trade Act of 1974 shall continue to receive (or be eligible to receive) benefits and services under chapter 2 of title II of the Trade Act of 1974, as in effect on the day before the amendments made by this section take effect under subsection (a), for any week for which the worker meets the eligibility requirements of such chapter 2 as in effect on such date.”
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# 19 U.S.C. § 2341 - Petitions and determinations
## Text
(a) Filing of petition; receipt of petition; initiation of investigation A petition for a certification of eligibility to apply for adjustment assistance under this part may be filed with the Secretary of Commerce (hereinafter in this part referred to as the “Secretary”) by a firm (including any agricultural firm) or its representative. Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register that he has received the petition and initiated an investigation.
(b) Public hearing If the petitioner, or any other person, organization, or group found by the Secretary to have a substantial interest in the proceedings, submits not later than 10 days after the date of the Secretarys 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.
(c) Certification (1) The Secretary shall certify a firm (including any agricultural firm) as eligible to apply for adjustment assistance under this part if the Secretary determines—
(A) that a significant number or proportion of the workers in such firm have become totally or partially separated, or are threatened to become totally or partially separated,
(B) that—
(i) sales or production, or both, of such firm have decreased absolutely, or
(ii) sales or production, or both, of an article that accounted for not less than 25 percent of the total production or sales of the firm during the 12-month period preceding the most recent 12-month period for which data are available have decreased absolutely, and
(C) increases of imports of articles like or directly competitive with articles which are produced by such firm contributed importantly to such total or partial separation, or threat thereof, and to such decline in sales or production.
(2) For purposes of paragraph (1)(C)—
(A) The term “contributed importantly” means a cause which is important but not necessarily more important than any other cause.
(B) (i) Any firm which engages in exploration or drilling for oil or natural gas shall be considered to be a firm producing oil or natural gas.
(ii) Any 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.
(d) Allowable period for determination A determination shall be made by the Secretary as soon as possible after the date on which the petition is filed under this section, but in any event not later than 60 days after that date.
(Pub. L. 93618, title II, § 251, Jan. 3, 1975, 88 Stat. 2030; Pub. L. 99272, title XIII, § 13002(b), Apr. 7, 1986, 100 Stat. 300; Pub. L. 100418, title I, § 1421(a)(2), (b)(2), Aug. 23, 1988, 102 Stat. 1243, 1244; Pub. L. 1115, div. B, title I, §§ 1861(a), (c), 1862, 1863, 1867(a), Feb. 17, 2009, 123 Stat. 396, 397, 400; Pub. L. 11240, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; Pub. L. 11427, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)
## Notes
Termination of AssistanceFor termination of assistance under this part after June 30, 2022, see Termination Date note below.
Editorial Notes
Codification 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. 11240, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 11427, 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. 11427, §§ 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. 1115, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 1115, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 1115 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 11240, §§ 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.
Amendments2015—Pub. L. 11427, §§ 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. 11240, §§ 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. (a). Pub. L. 1115, §§ 1861(a), 1867(a)(1), 1893, temporarily inserted “or service sector firm” after “agricultural firm” and substituted “the Secretary has” for “he has”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (c)(1). Pub. L. 1115, §§ 1861(a), 1893, temporarily inserted “or service sector firm” after “agricultural firm” in introductory provisions. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (c)(1)(B). Pub. L. 1115, §§ 1862, 1893, temporarily amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “that— “(i) sales or production, or both, of such firm have decreased absolutely, or “(ii) sales or production, or both, of an article that accounted for not less than 25 percent of the total production or sales of the firm during the 12-month period preceding the most recent 12-month period for which data are available have decreased absolutely, and”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (c)(1)(C). Pub. L. 1115, §§ 1861(c)(1), 1893, temporarily inserted “or services” after “imports of articles” and “or services which are supplied” after “produced”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (c)(2)(B)(ii). Pub. L. 1115, §§ 1861(c)(2), 1893, temporarily amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “Any 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.” See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (d). Pub. L. 1115, §§ 1867(a)(2), 1893, temporarily substituted “40 days” for “60 days”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsecs. (e), (f). Pub. L. 1115, §§ 1863, 1893, temporarily added subsecs. (e) and (f). See Codification note above and Effective and Termination Dates of 2009 Amendment note below. 1988—Subsec. (c). Pub. L. 100418, § 1421(a)(2), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The Secretary shall certify a firm (including any agricultural firm) as eligible to apply for adjustment assistance under this part if he determines— “(1) that a significant number or proportion of the workers in such firm have become totally or partially separated, or are threatened to become totally or partially separated. “(2) that— “(A) sales or production, or both, of the firm have decreased absolutely, or “(B) sales or production, or both, of an article that accounted for not less than 25 percent of the total production or sales of the firm during the 12-month period preceding the most recent 12-month period for which data are available have decreased absolutely, and “(3) that increases of imports of articles like or directly competitive with articles produced by such firm contributed importantly to such total or partial separation, or threat thereof, and to such decline in sales or production. For purposes of paragraph (3), the term contributed importantly means a cause which is important but not necessarily more important than any other cause.” Subsec. (c)(1)(C). Pub. L. 100418, § 1421(b)(2), directed the general amendment of subpar. (C) adding provisions relating to provision of essential goods or services by such firm, which amendment did not become effective pursuant to section 1430(d) of Pub. L. 100418, as amended, set out as an Effective Date note under section 2397 of this title. 1986—Subsecs. (a), (c). Pub. L. 99272, § 13002(b)(1), inserted “(including any agricultural firm)” after “firm”. Subsec. (c)(2). Pub. L. 99272, § 13002(b)(2), amended par. (2) generally, designating existing provisions as subpar. (A), substituting “of the firm have decreased absolutely, or” for “of such firm have decreased absolutely, and”, and adding subpar. (B).
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 2015 RevivalFor 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. 11427, 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. 11427, see section 406 of Pub. L. 11427, set out as a note preceding section 2271 of this title.
Effective and Termination Dates of 2011 RevivalFor 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. 11240, set out as a note preceding section 2271 of this title. Section 233 of Pub. L. 11240, 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. 11427, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effective June 29, 2015. See Codification note above.
Effective and Termination Dates of 2009 AmendmentExcept as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 1115 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 1115, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 1115, 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. 1115 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. 1115 had never been enacted, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above.
Termination DateExcept as otherwise provided, technical assistance and grants may not be provided under this part after June 30, 2022, see section 285 of Pub. L. 93618, as modified by section 406(a)(7) of Pub. L. 11427, set out as notes preceding section 2271 of this title.
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# 19 U.S.C. § 2342 - Approval of adjustment proposals
## Text
(a) Application for adjustment assistance A firm certified under section 2341 of this title as eligible to apply for adjustment assistance may, at any time within 2 years after the date of such certification, file an application with the Secretary for adjustment assistance under this part. Such application shall include a proposal for the economic adjustment of such firm.
(b) Technical assistance (1) Adjustment assistance under this part consists of technical assistance. The Secretary shall approve a firms application for adjustment assistance only if the Secretary determines that the firms adjustment proposal—
(A) is reasonably calculated to materially contribute to the economic adjustment of the firm,
(B) gives adequate consideration to the interests of the workers of such firm, and
(C) demonstrates that the firm will make all reasonable efforts to use its own resources for economic development.
(2) The Secretary shall make a determination as soon as possible after the date on which an application is filed under this section, but in no event later than 60 days after such date.
(c) Termination of certification of eligibility Whenever the Secretary determines that any firm no longer requires assistance under this part, he shall terminate the certification of eligibility of such firm and promptly have notice of such termination published in the Federal Register. Such termination shall take effect on the termination date specified by the Secretary.
(Pub. L. 93618, title II, § 252, Jan. 3, 1975, 88 Stat. 2030; Pub. L. 99272, title XIII, § 13006(a)(1), (2), Apr. 7, 1986, 100 Stat. 304.)
## Notes
Editorial Notes
Amendments1986—Subsec. (b)(1). Pub. L. 99272, § 13006(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Adjustment assistance under this part consists of technical assistance and financial assistance, which may be furnished singly or in combination. The Secretary shall approve a firms application for adjustment assistance only if he determines— “(A) that the firm has no reasonable access to financing through the private capital market, and “(B) that the firms adjustment proposal— “(i) is reasonably calculated materially to contribute to the economic adjustment of the firm, “(ii) gives adequate consideration to the interests of the workers of such firm, and “(iii) demonstrates that the firm will make all reasonable efforts to use its own resources for economic development.” Subsecs. (c), (d). Pub. L. 99272, § 13006(a)(2), redesignated subsec. (d) as (c) and struck out former subsec. (c) which authorized the Secretary to assist an eligible firm in the preparation of a viable adjustment proposal.
Statutory Notes and Related Subsidiaries
Termination DateExcept as otherwise provided, technical assistance and grants may not be provided under this part after June 30, 2022, see section 285 of Pub. L. 93618, as modified by section 406(a)(7) of Pub. L. 11427, set out as notes preceding section 2271 of this title.
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# 19 U.S.C. § 2343 - Technical assistance
## Text
(a) Discretion of Secretary; types of assistance The Secretary may provide a firm, on terms and conditions as the Secretary determines to be appropriate, with such technical assistance as in his judgment will carry out the purposes of this part with respect to the firm. The technical assistance furnished under this part may consist of one or more of the following:
(1) Assistance to a firm in preparing its petition for certification of eligibility under section 2341 of this title.
(2) Assistance to a certified firm in developing a proposal for its economic adjustment.
(3) Assistance to a certified firm in the implementation of such a proposal.
(b) Utilization of existing agencies, private individuals, etc., in furnishing assistance; grants to intermediary organizations (1) The Secretary shall furnish technical assistance under this part through existing agencies and through private individuals, firms, or institutions (including private consulting services), or by grants to intermediary organizations (including Trade Adjustment Assistance Centers).
(2) In the case of assistance furnished through private individuals, firms, or institutions (including private consulting services), the Secretary may share the cost thereof (but not more than 75 percent of such cost for assistance described in paragraph (2) or (3) of subsection (a) may be borne by the United States).
(3) The Secretary may make grants to intermediary organizations in order to defray up to 100 percent of administrative expenses incurred in providing such technical assistance to a firm.
(Pub. L. 93618, title II, § 253, Jan. 3, 1975, 88 Stat. 2031; Pub. L. 9735, title XXV, § 2521, Aug. 13, 1981, 95 Stat. 890; Pub. L. 99272, title XIII, § 13006(a)(3), Apr. 7, 1986, 100 Stat. 304; Pub. L. 1115, div. B, title I, § 1867(b), Feb. 17, 2009, 123 Stat. 400; Pub. L. 11240, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; Pub. L. 11427, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)
## Notes
Termination of AssistanceFor termination of assistance under this part after June 30, 2022, see Termination Date note below.
Editorial Notes
Codification 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. 11240, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 11427, 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. 11427, §§ 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. 1115, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 1115, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 1115 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 11240, §§ 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.
Amendments2015—Pub. L. 11427, §§ 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. 11240, §§ 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. (a)(3). Pub. L. 1115, §§ 1867(b), 1893, which directed the temporary substitution of “to a certified firm” for “of a certified firm”, could not be executed because “of a certified firm” did not appear. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. 1986—Subsec. (b)(2). Pub. L. 99272 substituted “such cost for assistance described in paragraph (2) or (3) of subsection (a)” for “such cost”. 1981—Subsec. (a). Pub. L. 9735 amended subsec. (a) generally, incorporating provisions formerly contained in subsec. (b) and, in those provisions, substituted discretionary language for non-discretionary language relating to the assistance furnished and allowed the giving of assistance to firms in the preparation of their petitions for certification of eligibility under section 2341 of this title. Subsec. (b). Pub. L. 9735 amended subsec. (b) generally, incorporating in pars. (1) and (2) provisions formerly contained in subsec. (c), inserted reference to grants to intermediary organizations (including Trade Adjustment Assistance Centers) in par. (1), and added par. (3). Provisions formerly contained in subsec. (b) were transferred to subsec. (a). Subsec. (c). Pub. L. 9735 struck out subsec. (c) and transferred the provisions to subsec. (b)(1) and (2).
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 2015 RevivalFor 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. 11427, 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. 11427, see section 406 of Pub. L. 11427, set out as a note preceding section 2271 of this title.
Effective and Termination Dates of 2011 RevivalFor 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. 11240, set out as a note preceding section 2271 of this title. Section 233 of Pub. L. 11240, 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. 11427, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effective June 29, 2015. See Codification note above.
Effective and Termination Dates of 2009 AmendmentExcept as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 1115 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 1115, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 1115, 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. 1115 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. 1115 had never been enacted, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above.
Effective Date of 1981 AmendmentPub. L. 9735, title XXV, § 2529, Aug. 13, 1981, 95 Stat. 893, provided that: “(a) Subject to subsection (b), the amendments made by this subtitle [subtitle B (§§ 25212529) of title XXV of Pub. L. 9735, enacting section 2355 of this title, amending this section and sections 2344 to 2347 of this title, and repealing section 2353 of this title] shall take effect on the date of the enactment of this Act [Aug. 13, 1981]. “(b) Applications for adjustment assistance under chapter 3 of title II of the Trade Act of 1974 [this part] which the Secretary of Commerce accepted for processing before the date of the enactment of this Act [Aug. 13, 1981] shall continue to be processed in accordance with the requirements of such chapter as in effect before such date of enactment.”
Termination DateExcept as otherwise provided, technical assistance and grants may not be provided under this part after June 30, 2022, see section 285 of Pub. L. 93618, as modified by section 406(a)(7) of Pub. L. 11427, set out as notes preceding section 2271 of this title.
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# 19 U.S.C. § 2344 - Financial assistance
## Text
(a) Direct loans and guarantees of loans The Secretary may provide to a firm, on such terms and conditions as he determines to be appropriate, such financial assistance in the form of direct loans or guarantees of loans as in his judgment will materially contribute to the economic adjustment of the firm. The assumption of an outstanding indebtedness of the firm, with or without recourse, shall be considered to be the making of a loan for purposes of this section.
(b) Allowable purposes Loans or guarantees of loans shall be made under this part only for the purpose of making funds available to the firm—
(1) for acquisition, construction, installation, modernization, development, conversion, or expansion of land, plant, buildings, equipment, facilities, or machinery, or
(2) to supply such working capital as may be necessary to enable the firm to implement its adjustment proposal.
(c) Limitation on direct loans No direct loan may be provided to a firm under this part if the firm can obtain loan funds from private sources (with or without a guarantee) at a rate no higher than the maximum interest per annum that a participating financial institution may establish on guaranteed loans made pursuant to section 636(a) of title 15.
(d) Limitations on loans and guarantees Notwithstanding any other provision of this part, no direct loans or guarantees of loans may be made under this part after April 7, 1986.
(Pub. L. 93618, title II, § 254, Jan. 3, 1975, 88 Stat. 2031; Pub. L. 9735, title XXV, § 2522, Aug. 13, 1981, 95 Stat. 891; Pub. L. 99272, title XIII, § 13006(b), Apr. 7, 1986, 100 Stat. 304.)
## Notes
Termination of AssistanceFor termination of assistance under this part after June 30, 2022, see Termination Date note below.
Editorial Notes
Codification Section reflects the July 1, 2021, reversion to provisions in effect on Jan. 1, 2014. See Effective and Termination Dates note below.
Prior ProvisionsA prior section 2344, Pub. L. 93618, title II, § 254, as added Pub. L. 1115, div. B, title I, § 1864(a)(3), Feb. 17, 2009, 123 Stat. 397, and Pub. L. 11240, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403, and Pub. L. 11427, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374, ceased to be effective after the reversion, effective July 1, 2021, of this section to provisions in effect on Jan. 1, 2014, pursuant to section 406 of Pub. L. 11427, set out as a note preceding section 2271 of this title. Prior to reversion, section 2344 read as follows: “§ 2344. Oversight and administration “(a) In General.—The Secretary shall, to such extent and in such amounts as are provided in appropriations Acts, provide grants to intermediary organizations (referred to in section 2343(b)(1) of this title) throughout the United States pursuant to agreements with such intermediary organizations. Each such agreement shall require the intermediary organization to provide benefits to firms certified under section 2341 of this title. The Secretary shall, to the maximum extent practicable, provide by October 1, 2010, that contracts entered into with intermediary organizations be for a 12-month period and that all such contracts have the same beginning date and the same ending date. “(b) Distribution of Funds.—“(1) In general.—Not later than 90 days after February 17, 2009, the Secretary shall develop a methodology for the distribution of funds among the intermediary organizations described in subsection (a). “(2) Prompt initial distribution.—The methodology described in paragraph (1) shall ensure the prompt initial distribution of funds and establish additional criteria governing the apportionment and distribution of the remainder of such funds among the intermediary organizations. “(3) Criteria.—The methodology described in paragraph (1) shall include criteria based on the data in the annual report on the trade adjustment assistance for firms program described in section 2356 of this title. “(c) Requirements for Contracts.—An agreement with an intermediary organization described in subsection (a) shall require the intermediary organization to contract for the supply of services to carry out grants under this part in accordance with terms and conditions that are consistent with guidelines established by the Secretary. “(d) Consultations.—“(1) Consultations regarding methodology.—The Secretary shall consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives—“(A) not less than 30 days before finalizing the methodology described in subsection (b); and “(B) not less than 60 days before adopting any changes to such methodology. “(2) Consultations regarding guidelines.—The Secretary shall consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives not less than 60 days before finalizing the guidelines described in subsection (c) or adopting any subsequent changes to such guidelines.”
Amendments1986—Subsec. (d). Pub. L. 99272 added subsec. (d). 1981—Subsec. (c). Pub. L. 9735 substituted provisions relating to limitation on direct loans on the basis of interest rates on loans under section 636(a) of title 15 for provisions relating to limitation on direct loans on the basis of interest rates under section 2345(b) of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1981 AmendmentAmendment by Pub. L. 9735 effective Aug. 13, 1981, except as otherwise provided with respect to applications for adjustment assistance, see section 2529 of Pub. L. 9735, set out as a note under section 2343 of this title.
Termination DateExcept as otherwise provided, technical assistance and grants may not be provided under this part after June 30, 2022, see section 285 of Pub. L. 93618, as modified by section 406(a)(7) of Pub. L. 11427, set out as notes preceding section 2271 of this title.
Residual AuthorityPub. L. 1115, div. B, title I, § 1864(b), Feb. 17, 2009, 123 Stat. 398, provided that: “The Secretary of Commerce shall have the authority to modify, terminate, resolve, liquidate, or take any other action with respect to a loan, guarantee, contract, or any other financial assistance that was extended under section 254, 255, 256, or 257 of the Trade Act of 1974 (19 U.S.C. 2344, 2345, 2346, and 2347), as in effect on the day before the effective date set forth in section 1891 [set out as an Effective and Termination Dates of 2009 Amendment note under section 2271 of this title].”
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# 19 U.S.C. § 2345 - Conditions for financial assistance
## Text
(a) Unavailability of firms resources; reasonable assurance of repayment No financial assistance shall be provided under this part unless the Secretary determines—
(1) that the funds required are not available from the firms own resources; and
(2) that there is reasonable assurance of repayment of the loan.
(b) Interest rates (1) The rate of interest on direct loans made under this part shall be—
(A) a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods of maturity that are comparable to the average maturities of such loans, adjusted to the nearest one-eighth of 1 percent, plus
(B) an amount adequate in the judgment of the Secretary of Commerce to cover administrative costs and probable losses under the program.
(2) The Secretary may not guarantee any loan under this part if—
(A) the rate of interest on either the portion to be guaranteed, or the portion not to be guaranteed, is determined by the Secretary to be excessive when compared with other loans bearing Federal guarantees and subject to similar terms and conditions, and
(B) the interest on the loan is exempt from Federal income taxation under section 103 of title 26.
(c) Maturity of loans The Secretary shall make no loan or guarantee of a loan under section 2344(b)(1) of this title having a maturity in excess of 25 years or the useful life of the fixed assets (whichever period is shorter), including renewals and extensions; and shall make no loan or guarantee of a loan under section 2344(b)(2) of this title having a maturity in excess of 10 years, including extensions and renewals. Such limitations on maturities shall not, however, apply—
(1) to securities or obligations received by the Secretary as claimant in bankruptcy or equitable reorganization, or as creditor in other proceedings attendant upon insolvency of the obligor, or
(2) to an extension or renewal for an additional period not exceeding 10 years, if the Secretary determines that such extension or renewal is reasonably necessary for the orderly liquidation or servicing of the loan.
(d) Priority for small firms; servicing of loans (1) In making guarantees of loans, and in making direct loans, the Secretary shall give priority to firms which are small within the meaning of the Small Business Act [15 U.S.C. 631 et seq.] (and regulations promulgated thereunder).
(2) For any direct loan made, or any loan guaranteed, under the authority of this part, the Secretary may enter into arrangements for the servicing, including foreclosure, of such loans or evidences of indebtedness on terms which are reasonable and which protect the financial interests of the United States.
(e) Loan guarantee conditions The following conditions apply with respect to any loan guaranteed under this part:
(1) No guarantee may be made for an amount which exceeds 90 percent of the outstanding balance of the unpaid principal and interest on the loan.
(2) The loan may be evidenced by multiple obligations for the guaranteed and nonguaranteed portions of the loan.
(3) The guarantee agreement shall be conclusive evidence of the eligibility of any obligation guaranteed thereunder for such guarantee, and the validity of any guarantee agreement shall be incontestable, except for fraud or misrepresentation by the holder.
(f) Operating reserves The Secretary shall maintain operating reserves with respect to anticipated claims under guarantees made under this part. Such reserves shall be considered to constitute obligations for purposes of sections 1108(c) and (d), 1501, and 1502(a) of title 31.
(g) Fees to lenders which make loan guarantees The Secretary may charge a fee to a lender which makes a loan guaranteed under this part in such amount as is necessary to cover the cost of administration of such guarantee.
(h) Maximum aggregate amount of outstanding guaranteed or direct loans (1) The aggregate amount of loans made to any firm which are guaranteed under this part and which are outstanding at any time shall not exceed $3,000,000.
(2) The aggregate amount of direct loans made to any firm under this part which are outstanding at any time shall not exceed $1,000,000.
(i) Preference for firms having employee stock ownership plans (1) When considering whether to grant a direct loan or to guarantee a loan to a corporation which is otherwise certified under section 2341 of this title, the Secretary shall give preference to a corporation which agrees with respect to such loan to fulfill the following requirements—
(A) 25 percent of the principal amount of the loan is paid by the lender to a qualified trust established under an employee stock ownership plan established and maintained by the recipient corporation, by a parent or subsidiary of such corporation, or by several corporations including the recipient corporation,
(B) the employee stock ownership plan meets the requirements of this subsection, and
(C) the agreement among the recipient corporation, the lender, and the qualified trust relating to the loan meets the requirements of this section.
(2) An employee stock ownership plan does not meet the requirements of this subsection unless the governing instrument of the plan provides that—
(A) the amount of the loan paid under paragraph (1)(A) to the qualified trust will be used to purchase qualified employer securities,
(B) the qualified trust will repay to the lender the amount of such loan, together with the interest thereon, out of amounts contributed to the trust by the recipient corporation, and
(C) from time to time, as the qualified trust repays such amount, the trust will allocate qualified employer securities among the individual accounts of participants and their beneficiaries in accordance with the provisions of paragraph (4).
(3) The agreement among the recipient corporation, the lender, and the qualified trust does not meet the requirements of this subsection unless—
(A) it is unconditionally enforceable by any party against the others, jointly and severally,
(B) it provides that the liability of the qualified trust to repay loan amounts paid to the qualified trust may not, at any time, exceed an amount equal to the amount of contributions required under paragraph (2)(B) which are actually received by such trust,
(C) it provides that amounts received by the recipient corporation from the qualified trust for qualified employer securities purchased for the purpose of this subsection will be used exclusively by the recipient corporation for those purposes for which it may use that portion of the loan paid directly to it by the lender,
(D) it provides that the recipient corporation may not reduce the amount of its equity capital during the one year period beginning on the date on which the qualified trust purchases qualified employer securities for purposes of this subsection, and
(E) it provides that the recipient corporation will make contributions to the qualified trust of not less than such amounts as are necessary for such trust to meet its obligation to make repayments of principal and interest on the amount of the loan received by the trust without regard to whether such contributions are deductible by the corporation under section 404 of title 26 and without regard to any other amounts the recipient corporation is obligated under law to contribute to or under the employee stock ownership plan.
(4) At the close of each plan year, an employee stock ownership plan shall allocate to the accounts of participating employees that portion of the qualified employer securities the cost of which bears substantially the same ratio to the cost of all the qualified employer securities purchased under paragraph (2)(A) of this subsection as the amount of the loan principal and interest repaid by the qualified trust during that year bears to the total amount of the loan principal and interest payable by such trust during the term of such loan. Qualified employer securities allocated to the individual account of a participant during one plan year must bear substantially the same proportion to the amount of all such securities allocated to all participants in the plan as the amount of compensation paid to such participant bears to the total amount of compensation paid to all such participants during that year.
(5) For purposes of this subsection, the term—
(A) “employee stock ownership plan” means a plan described in section 4975(e)(7) of title 26,
(B) “qualified trust” means a trust established under an employee stock ownership plan and meeting the requirements of title I of the Employee Retirement Income Security Act of 1974 [29 U.S.C. 1001 et seq.] and section 401 of title 26,
(C) “qualified employer securities” means common stock issued by the recipient corporation or by a parent or subsidiary of such corporation with voting power and dividend rights no less favorable than the voting power and dividend rights on other common stock issued by the issuing corporation and with voting power being exercised by the participants in the employee stock ownership plan after it is allocated to their plan accounts, and
(D) “equity capital” means, with respect to the recipient corporation, the sum of its money and other property (in an amount equal to the adjusted basis of such property but disregarding adjustments made on account of depreciation or amortization made during the period described in paragraph (3)(D)), less the amount of its indebtedness.
(Pub. L. 93618, title II, § 255, Jan. 3, 1975, 88 Stat. 2031; Pub. L. 9735, title XXV, § 2523, Aug. 13, 1981, 95 Stat. 891; Pub. L. 98120, § 4(a), Oct. 12, 1983, 97 Stat. 809; Pub. L. 99514, § 2, Oct. 22, 1986, 100 Stat. 2095.)
## Notes
Termination of AssistanceFor termination of assistance under this part after June 30, 2022, see Termination Date note below.
Editorial Notes
References in TextThe Small Business Act, referred to in subsec. (d)(1), is Pub. L. 85536, § 2 (1 et seq.), July 18, 1958, 72 Stat. 384, which is classified generally to chapter 14A (§ 631 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 631 of Title 15 and Tables. The Employee Retirement Income Security Act of 1974, referred to in subsec. (i)(5)(B), is Pub. L. 93406, Sept. 2, 1974, 88 Stat. 829. Title I of the Act is classified generally to subchapter I (§ 1001 et seq.) of chapter 18 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 29 and Tables.
Codification Section reflects the July 1, 2021, reversion to provisions in effect on Jan. 1, 2014. See Effective and Termination Dates note below. In subsec. (f), “sections 1108(c) and (d), 1501, and 1502(a) of title 31” substituted for “section 1311 of the Supplemental Appropriation Act, 1955 (31 U.S.C. 200)” on authority of Pub. L. 97258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
Prior ProvisionsA prior section 2345, Pub. L. 93618, title II, § 255, as added Pub. L. 1115, div. B, title I, § 1864(a)(3), Feb. 17, 2009, 123 Stat. 398; amended Pub. L. 111344, title I, § 101(c)(4), Dec. 29, 2010, 124 Stat. 3613; as added and amended Pub. L. 11240, title II, §§ 201(b), (c), 221(b), Oct. 21, 2011, 125 Stat. 403, 410; as added and amended Pub. L. 11427, title IV, §§ 402(b), (c), 403(d)(2), June 29, 2015, 129 Stat. 374, ceased to be effective after the reversion, effective July 1, 2021, of this section to provisions in effect on Jan. 1, 2014, pursuant to section 406 of Pub. L. 11427, set out as a note preceding section 2271 of this title. Prior to reversion, section 2345 read as follows: “§ 2345. Authorization of appropriations “(a) In General.—There are authorized to be appropriated to the Secretary to carry out the provisions of this part $16,000,000 for each of the fiscal years 2015 through 2021. Amounts appropriated pursuant to this subsection shall remain available until expended. “(b) Personnel.—Of the amounts appropriated pursuant to this section for each fiscal year, $350,000 shall be available for full-time positions in the Department of Commerce to administer the provisions of this part. Of such funds the Secretary shall make available to the Economic Development Administration such sums as may be necessary to establish the position of Director of Adjustment Assistance for Firms and such other full-time positions as may be appropriate to administer the provisions of this part.”
Amendments1986—Subsecs. (b)(2)(B), (i)(3)(E), (5)(A), (B). Pub. L. 99514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text. 1983—Subsec. (i). Pub. L. 98120 added subsec. (i). 1981—Subsec. (b). Pub. L. 9735, § 2523(1), amended subsec. (b) generally, substituting provisions limiting the maximum rate of interest on loans guaranteed under this part on the basis of comparison with other Federally guarantee loans for provisions limiting the maximum interest rate on the basis of 15 U.S.C. 636(a) and inserting provisions prohibiting the guarantee of loans if the interest is tax exempt. Subsec. (c). Pub. L. 9735, § 2523(2)(A), (B), inserted references to section 2344 of this title, alternative limitation of useful life of asset, and prohibition of guarantees in excess of 10 years in introductory provisions. Subsec. (c)(2). Pub. L. 9735, § 2523(2)(C), inserted “or servicing” after “liquidation”. Subsec. (d). Pub. L. 9735, § 2523(3), designated existing provisions as par. (1) and added par. (2). Subsec. (e). Pub. L. 9735, § 2523(4), substituted provisions respecting conditions applicable to loan guarantees for provisions relating to percentage maximum on loan guarantees which are covered in par. (1).
Statutory Notes and Related Subsidiaries
Effective Date of 1983 AmendmentPub. L. 98120, § 4(b), Oct. 12, 1983, 97 Stat. 812, provided that: “The amendment made by subsection (a) [amending this section] shall become effective on the date of the enactment of this Act [Oct. 12, 1983].” Effective Date of 1981 Amendment Amendment by Pub. L. 9735 effective Aug. 13, 1981, except as otherwise provided with respect to applications for adjustment assistance, see section 2529 of Pub. L. 9735, set out as a note under section 2343 of this title.
Termination DateExcept as otherwise provided, technical assistance and grants may not be provided under this part after June 30, 2022, see section 285 of Pub. L. 93618, as modified by section 406(a)(7) of Pub. L. 11427, set out as notes preceding section 2271 of this title.
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# 19 U.S.C. § 2345a - Omitted
## Notes
Editorial Notes
Codification Section, Pub. L. 93618, title II, § 255A, as added Pub. L. 11240, title II, § 221(a)(1), Oct. 21, 2011, 125 Stat. 409, and Pub. L. 11427, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374, was omitted in view of the reversion of this part, effective July 1, 2021, to provisions in effect on Jan. 1, 2014, by section 406 of Pub. L. 11427, set out as a note preceding section 2271 of this title. Prior to omission, section 2345a read as follows: “§ 2345a. Annual report on trade adjustment assistance for firms “(a) In General.—Not later than December 15, 2012, and annually thereafter, the Secretary shall prepare a report containing data regarding the trade adjustment assistance for firms program under this part for the preceding fiscal year. The data shall include the following:“(1) The number of firms that inquired about the program. “(2) The number of petitions filed under section 2341 of this title. “(3) The number of petitions certified and denied by the Secretary. “(4) The average time for processing petitions after the petitions are filed. “(5) The number of petitions filed and firms certified for each congressional district of the United States. “(6) Of the number of petitions filed, the number of firms that entered the program and received benefits. “(7) The number of firms that received assistance in preparing their petitions. “(8) The number of firms that received assistance developing business recovery plans. “(9) The number of business recovery plans approved and denied by the Secretary. “(10) The average duration of benefits received under the program nationally and in each region served by an intermediary organization referred to in section 2343(b)(1) of this title. “(11) Sales, employment, and productivity at each firm participating in the program at the time of certification. “(12) Sales, employment, and productivity at each firm upon completion of the program and each year for the 2-year period following completion of the program. “(13) The number of firms in operation as of the date of the report and the number of firms that ceased operations after completing the program and in each year during the 2-year period following completion of the program. “(14) The financial assistance received by each firm participating in the program. “(15) The financial contribution made by each firm participating in the program. “(16) The types of technical assistance included in the business recovery plans of firms participating in the program. “(17) The number of firms leaving the program before completing the project or projects in their business recovery plans and the reason the project or projects were not completed. “(18) The total amount expended by all intermediary organizations referred to in section 2343(b)(1) of this title and by each such organization to administer the program. “(19) The total amount expended by intermediary organizations to provide technical assistance to firms under the program nationally and in each region served by such an organization. “(b) Classification of Data.—To the extent possible, in collecting and reporting the data described in subsection (a), the Secretary shall classify the data by intermediary organization, State, and national totals. “(c) Report to Congress; Publication.—The Secretary shall—“(1) submit the report described in subsection (a) to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives; and “(2) publish the report in the Federal Register and on the website of the Department of Commerce. “(d) Protection of Confidential Information.—“(1) In general.—The Secretary may not release information described in subsection (a) that the Secretary considers to be confidential business information unless the person submitting the confidential business information had notice, at the time of submission, that such information would be released by the Secretary, or such person subsequently consents to the release of the information. “(2) Rule of construction.—Nothing in this subsection shall be construed to prohibit the Secretary from providing information the Secretary considers to be confidential business information under paragraph (1) to a court in camera or to another party under a protective order issued by a court.”
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# 19 U.S.C. § 2346 - Delegation of functions to Small Business Administration; authorization of appropriations
## Text
(a) Delegation of functions as to eligibility certification In the case of any firm which is small (within the meaning of the Small Business Act [15 U.S.C. 631 et seq.] and regulations promulgated thereunder), the Secretary may delegate all of his functions under this part (other than the functions under sections 2341 and 2342(d) 11 See References in Text note below. of this title with respect to the certification of eligibility and section 2354 of this title) to the Administrator of the Small Business Administration.
(b) Authorization of appropriations There are authorized to be appropriated to the Secretary $16,000,000 for each of fiscal years 2003 through 2007, and $4,000,000 for the 3-month period beginning on October 1, 2007,22 See Application of Subsection (b) note below. to carry out the Secretarys functions under this part in connection with furnishing adjustment assistance to firms. Amounts appropriated under this subsection shall remain available until expended.
(c) Transfer of unexpended appropriations The unexpended balances of appropriations authorized by section 1912(d) 1 of this title are transferred to the Secretary to carry out his functions under this part.
(Pub. L. 93618, title II, § 256, Jan. 3, 1975, 88 Stat. 2032; Pub. L. 9735, title XXV, § 2524, Aug. 13, 1981, 95 Stat. 892; Pub. L. 99272, title XIII, § 13008(b), Apr. 7, 1986, 100 Stat. 305; Pub. L. 100418, title I, § 1426(b)(2), Aug. 23, 1988, 102 Stat. 1251; Pub. L. 10366, title XIII, § 13803(a)(2), Aug. 10, 1993, 107 Stat. 668; Pub. L. 105277, div. J, title I, § 1012(c), Oct. 21, 1998, 112 Stat. 2681901; Pub. L. 106113, div. B, § 1000(a)(5) [title VII, § 702(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A319; Pub. L. 107210, div. A, title I, §§ 111(b), 131, Aug. 6, 2002, 116 Stat. 936, 946; Pub. L. 108429, title II, § 2004(a)(3), Dec. 3, 2004, 118 Stat. 2589; Pub. L. 11089, § 1(b), Sept. 28, 2007, 121 Stat. 982.)
## Notes
Termination of AssistanceFor termination of assistance under this part after June 30, 2022, see Termination Date note below.
Editorial Notes
References in TextThe Small Business Act, referred to in subsec. (a), is Pub. L. 85536, § 2 (1 et seq.), July 18, 1958, 72 Stat. 384, which is classified generally to chapter 14A (§ 631 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 631 of Title 15 and Tables. Section 2342(d) of this title, referred to in subsec. (a), was redesignated section 2342(c) of this title by Pub. L. 99272, title XIII, § 13006(a)(2), Apr. 7, 1986, 100 Stat. 304. Section 1912 of this title, referred to in subsec. (c), was repealed by Pub. L. 93618, title VI, § 602(e), Jan. 3, 1975, 88 Stat. 2072. Section 1912(d) of this title authorized appropriations to the Secretary of Commerce to carry out functions under part II of subchapter III of chapter 7 of this title in connection with furnishing adjustment assistance to firms. See section 2341 et seq. of this title for successor provisions.
Codification Section reflects the July 1, 2021, reversion to provisions in effect on Jan. 1, 2014. See Effective and Termination Dates note below.
Amendments2007—Subsec. (b). Pub. L. 11089 inserted “and $4,000,000 for the 3-month period beginning on October 1, 2007,” after “2007,”. 2004—Subsec. (b). Pub. L. 108429 deemed amendment by Pub. L. 107210, §111(b), never to have been enacted. See 2002 Amendment note below. 2002—Subsec. (b). Pub. L. 107210, §131, amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “There are hereby authorized to be appropriated to the Secretary for the period beginning October 1, 1998, and ending September 30, 2001, such sums as may be necessary to carry out his functions under this part in connection with furnishing adjustment assistance to firms (including, but not limited to, the payment of principal, interest, and reasonable costs incident to default on loans guaranteed by the Secretary under the authority of this part), which sums are authorized to be appropriated to remain available until expended.” Pub. L. 107210, §111(b), substituted “October 1, 2001, and ending September 30, 2007,” for “October 1, 1998, and ending September 30, 2001”. Pub. L. 108429, title II, §2004(a)(3), provided that the amendment by Pub. L. 107210, §111(b), shall be deemed never to have been enacted. 1999—Subsec. (b). Pub. L. 106113 substituted “September 30, 2001” for “June 30, 1999”. 1998—Subsec. (b). Pub. L. 105277 substituted “for the period beginning October 1, 1998, and ending June 30, 1999” for “for fiscal years 1993, 1994, 1995, 1996, 1997, and 1998”. 1993—Subsec. (b). Pub. L. 10366 substituted “1993, 1994, 1995, 1996, 1997, and 1998” for “1988, 1989, 1990, 1991, 1992, and 1993”. 1988—Subsec. (b). Pub. L. 100418 substituted “1988, 1989, 1990, 1991, 1992, and 1993” for “1986, 1987, 1988, 1989, 1990, and 1991”. 1986—Subsec. (b). Pub. L. 99272 inserted “for fiscal years 1986, 1987, 1988, 1989, 1990, and 1991” after “Secretary”, struck out “from time to time” after “as may be necessary”, and struck out “Direct loans and commitments to guarantee loans may be made under this part during any fiscal year only to such extent and in such amounts as are provided in advance in appropriations Acts.” after “available until expended.” 1981—Subsec. (b). Pub. L. 9735 inserted provisions relating to payment of principal, interest, and reasonable costs, incident to defaults on guaranteed loans and provisions relating to direct loans and commitments to guarantee loans.
Statutory Notes and Related Subsidiaries
Effective Date of 2007 AmendmentAmendment by Pub. L. 11089 effective Oct. 1, 2007, see section 1(e) of Pub. L. 11089, set out as a note under section 2317 of this title.
Effective Date of 2002 AmendmentAmendment by Pub. L. 107210 applicable to petitions for certification filed under this part or part 2 of this subchapter on or after the date that is 90 days after Aug. 6, 2002, except as otherwise provided, see section 151 of Pub. L. 107210, set out as a note preceding section 2271 of this title.
Effective Date of 1999 AmendmentAmendment by Pub. L. 106113 effective as of July 1, 1999, see section 1000(a)(5) [title VII, §702(e)] of Pub. L. 106113, set out as a note under section 2317 of this title.
Effective Date of 1986 AmendmentParts 2 and 3 of this subchapter applicable as if the amendment of this section by Pub. L. 99272 had taken effect Dec. 18, 1985, see section 13009(c) of Pub. L. 99272, set out as a note under section 2291 of this title.
Effective Date of 1981 AmendmentAmendment by Pub. L. 9735 effective Aug. 13, 1981, except as otherwise provided with respect to applications for adjustment assistance, see section 2529 of Pub. L. 9735, set out as a note under section 2343 of this title.
Termination DateExcept as otherwise provided, technical assistance and grants may not be provided under this part after June 30, 2022, see section 285 of Pub. L. 93618, as modified by section 406(a)(7) of Pub. L. 11427, set out as notes preceding section 2271 of this title.
Application of Subsection (b)Subsection (b) of this section to 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”, see section 406(a)(5) of Pub. L. 11427, set out in an Effective and Termination Dates of 2015 Revival note preceding section 2271 of this title.
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# 19 U.S.C. § 2347 - Administration of financial assistance
## Text
(a) Powers of Secretary In making and administering guarantees and loans under section 2344 of this title, the Secretary may—
(1) require security for any such guarantee or loan, and enforce, waive, or subordinate such security;
(2) assign or sell at public or private sale, or otherwise dispose of, upon such terms and conditions and for such consideration as he shall determine to be reasonable, any evidence of debt, contract, claim, personal property, or security assigned to or held by him in connection with such guarantees or loans, and collect, compromise, and obtain deficiency judgments with respect to all obligations assigned to or held by him in connection with such guarantees or loans until such time as such obligations may be referred to the Attorney General for suit or collection;
(3) renovate, improve, modernize, complete, insure, rent, sell, or otherwise deal with, upon such terms and conditions and for such consideration as he shall determine to be reasonable, any real or personal property conveyed to or otherwise acquired by him in connection with such guarantees or loans;
(4) acquire, hold, transfer, release, or convey any real or personal property or any interest therein whenever deemed necessary or appropriate, and execute all legal documents for such purposes; and
(5) exercise all such other powers and take all such other acts as may be necessary or incidental to the carrying out of functions pursuant to section 2344 of this title.
(b) Recordation of mortgages Any mortgage acquired as security under subsection (a) shall be recorded under applicable State law.
(c) Availability of receipts for financing functions All repayments of loans, payments of interest, and other receipts arising out of transactions entered into by the Secretary pursuant to this part, shall be available for financing functions performed under this part, including administrative expenses in connection with such functions.
(d) Privileged or confidential information To the extent the Secretary deems it appropriate, and consistent with the provisions of section 552(b)(4) and section 552b(c)(4) of title 5, that portion of any record, material or data received by the Secretary in connection with any application for financial assistance under this part which contains trade secrets or commercial or financial information regarding the operation or competitive position of any business shall be deemed to be privileged or confidential within the meaning of those provisions.
(e) Capital assets secured by first lien; exceptions Direct loans made, or loans guaranteed, under this part for the acquisition or development of real property or other capital assets shall ordinarily be secured by a first lien on the assets to be financed and shall be fully amortized. To the extent that the Secretary finds that exceptions to these standards are necessary to achieve the objectives of this part, he shall develop appropriate criteria for the protection of the interests of the United States.
(Pub. L. 93618, title II, § 257, Jan. 3, 1975, 88 Stat. 2033; Pub. L. 9735, title XXV, § 2525, Aug. 13, 1981, 95 Stat. 892.)
## Notes
Termination of AssistanceFor termination of assistance under this part after June 30, 2022, see Termination Date note below.
Editorial Notes
Codification Section reflects the July 1, 2021, reversion to provisions in effect on Jan. 1, 2014. See Effective and Termination Dates note below.
Amendments1981—Subsecs. (d), (e). Pub. L. 9735 added subsecs. (d) and (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1981 AmendmentAmendment by Pub. L. 9735 effective Aug. 13, 1981, except as otherwise provided with respect to applications for adjustment assistance, see section 2529 of Pub. L. 9735, set out as a note under section 2343 of this title.
Termination DateExcept as otherwise provided, technical assistance and grants may not be provided under this part after June 30, 2022, see section 285 of Pub. L. 93618, as modified by section 406(a)(7) of Pub. L. 11427, set out as notes preceding section 2271 of this title.
Deposit of Receipts From Transactions Under This Part Into Economic Development Revolving FundPub. L. 100202, § 101(a) [title I, § 106], Dec. 22, 1987, 101 Stat. 1329, 13297, provided that: “Notwithstanding any other provision of law, including section 257(c) of the Trade Act of 1974, as amended [19 U.S.C. 2347(c)], and section 203 of the Public Works and Economic Development Act of 1965, as amended [42 U.S.C. 3143], principal and interest repayments from loans, proceeds from the sale of loan assets or collateral, and other receipts arising out of transactions entered into pursuant to title II, chapter 3 of the Trade Act of 1974 [19 U.S.C. 2341 et seq.] shall be deposited into the economic development revolving fund established under section 203 of the Public Works and Economic Development Act of 1965 beginning October 1, 1987: Provided, That payments of obligations in connection with loans guaranteed under the authority of the Trade Act of 1974 [19 U.S.C. 2101 et seq.] or the Public Works and Economic Development Act of 1965 [42 U.S.C. 3121 et seq.], and any related expenses, shall be made from funds available in the economic development revolving fund: Provided further, That deposits to the economic development revolving fund of amounts appropriated for, or received in connection with, activities authorized under the Trade Act of 1974, made prior to October 1, 1987, shall be deemed valid deposits.”
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# 19 U.S.C. § 2348 - Protective provisions
## Text
(a) Recordkeeping Each recipient of adjustment assistance under this part shall keep records which fully disclose the amount and disposition by such recipient of the proceeds, if any, of such adjustment assistance, and which will facilitate an effective audit. The recipient shall also keep such other records as the Secretary may prescribe.
(b) Audit and examination The Secretary and the Comptroller General of the United States shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient pertaining to adjustment assistance under this part.
(c) Certifications No adjustment assistance under this part shall be extended to any firm unless the owners, partners, or officers certify to the Secretary—
(1) the names of any attorneys, agents, and other persons engaged by or on behalf of the firm for the purpose of expediting applications for such adjustment assistance; and
(2) the fees paid or to be paid to any such person.
(d) Conflicts of interest No financial assistance shall be provided to any firm under this part unless the owners, partners, or officers shall execute an agreement binding them and the firm for a period of 2 years after such financial assistance is provided, to refrain from employing, tendering any office or employment to, or retaining for professional services any person who, on the date such assistance or any part thereof was provided, or within 1 year prior thereto, shall have served as an officer, attorney, agent, or employee occupying a position or engaging in activities which the Secretary shall have determined involve discretion with respect to the provision of such financial assistance.
(Pub. L. 93618, title II, § 258, Jan. 3, 1975, 88 Stat. 2033; temporarily renumbered § 256 and amended Pub. L. 1115, div. B, title I, § 1864(a)(2), (c)(1), Feb. 17, 2009, 123 Stat. 397, 398; Pub. L. 11240, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; Pub. L. 11427, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)
## Notes
Termination of AssistanceFor termination of assistance under this part after June 30, 2022, see Termination Date note below.
Editorial Notes
Codification 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. 11240, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 11427, 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. 11427, §§ 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. 1115, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 1115, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 1115 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 11240, §§ 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.
Amendments2015—Pub. L. 11427, §§ 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. 11240, §§ 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. (d). Pub. L. 1115, §§ 1864(c)(1), 1893, temporarily struck out subsec. (d). Text read as follows: “No financial assistance shall be provided to any firm under this part unless the owners, partners, or officers shall execute an agreement binding them and the firm for a period of 2 years after such financial assistance is provided, to refrain from employing, tendering any office or employment to, or retaining for professional services any person who, on the date such assistance or any part thereof was provided, or within 1 year prior thereto, shall have served as an officer, attorney, agent, or employee occupying a position or engaging in activities which the Secretary shall have determined involve discretion with respect to the provision of such financial assistance.” See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 2015 RevivalFor 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. 11427, 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. 11427, see section 406 of Pub. L. 11427, set out as a note preceding section 2271 of this title.
Effective and Termination Dates of 2011 RevivalFor 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. 11240, set out as a note preceding section 2271 of this title. Section 233 of Pub. L. 11240, 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. 11427, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effective June 29, 2015. See Codification note above.
Effective and Termination Dates of 2009 AmendmentAmendment by Pub. L. 1115 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1864(e) of Pub. L. 1115, set out as an Effective and Termination Dates note under section 2344 of this title. Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 1115 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 1115, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 1115, 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. 1115 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. 1115 had never been enacted, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above.
Termination DateExcept as otherwise provided, technical assistance and grants may not be provided under this part after June 30, 2022, see section 285 of Pub. L. 93618, as modified by section 406(a)(7) of Pub. L. 11427, set out as notes preceding section 2271 of this title.
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# 19 U.S.C. § 2349 - Penalties
## Text
Whoever makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, or whoever willfully overvalues any security, for the purpose of influencing in any way a determination under this part, or for the purpose of obtaining money, property, or anything of value under this part, shall be fined not more than $5,000 or imprisoned for not more than 2 years, or both.
(Pub. L. 93618, title II, § 259, Jan. 3, 1975, 88 Stat. 2034; temporarily renumbered § 257 and amended Pub. L. 1115, div. B, title I, §§ 1864(a)(2), 1865, Feb. 17, 2009, 123 Stat. 397, 399; Pub. L. 11240, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; Pub. L. 11427, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)
## Notes
Termination of AssistanceFor termination of assistance under this part after June 30, 2022, see Termination Date note below.
Editorial Notes
Codification 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. 11240, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 11427, 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. 11427, §§ 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. 1115, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 1115, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 1115 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 11240, §§ 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.
Amendments2015—Pub. L. 11427, §§ 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. 11240, §§ 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—Pub. L. 1115, §§ 1865, 1893, temporarily amended section generally. Prior to amendment, text read as follows: “Whoever makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, or whoever willfully overvalues any security, for the purpose of influencing in any way a determination under this part, or for the purpose of obtaining money, property, or anything of value under this part, shall be fined not more than $5,000 or imprisoned for not more than 2 years, or both.” See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 2015 RevivalFor 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. 11427, 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. 11427, see section 406 of Pub. L. 11427, set out as a note preceding section 2271 of this title.
Effective and Termination Dates of 2011 RevivalFor 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. 11240, set out as a note preceding section 2271 of this title. Section 233 of Pub. L. 11240, 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. 11427, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effective June 29, 2015. See Codification note above.
Effective and Termination Dates of 2009 AmendmentAmendment by Pub. L. 1115 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1864(e) of Pub. L. 1115, set out as an Effective and Termination Dates note under section 2344 of this title. Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 1115 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 1115, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 1115, 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. 1115 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. 1115 had never been enacted, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above.
Termination DateExcept as otherwise provided, technical assistance and grants may not be provided under this part after June 30, 2022, see section 285 of Pub. L. 93618, as modified by section 406(a)(7) of Pub. L. 11427, set out as notes preceding section 2271 of this title.
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# 19 U.S.C. § 2350 - Civil actions
## Text
In providing technical and financial assistance under this part the Secretary may sue and be sued in any court of record of a State having general jurisdiction or in any United States district court, and jurisdiction is conferred upon such district court to determine such controversies without regard to the amount in controversy; but no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against him or his property. Nothing in this section shall be construed to except the activities pursuant to sections 2343 and 2344 of this title from the application of sections 516, 547, and 2679 of title 28.
(Pub. L. 93618, title II, § 260, Jan. 3, 1975, 88 Stat. 2034; temporarily renumbered § 258 and amended Pub. L. 1115, div. B, title I, § 1864(a)(2), (c)(2), Feb. 17, 2009, 123 Stat. 397, 398; Pub. L. 11240, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; Pub. L. 11427, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)
## Notes
Termination of AssistanceFor termination of assistance under this part after June 30, 2022, see Termination Date note below.
Editorial Notes
Codification 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. 11240, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 11427, 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. 11427, §§ 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. 1115, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 1115, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 1115 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 11240, §§ 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.
Amendments2015—Pub. L. 11427, §§ 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. 11240, §§ 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—Pub. L. 1115, §§ 1864(c)(2)(B), 1893, in last sentence, temporarily substituted “section 2343 of this title” for “sections 2343 and 2344 of this title” and made technical amendment to reference in original act which appears in text as reference to “title 28”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Pub. L. 1115, §§ 1864(c)(2)(A), 1893, in first sentence, temporarily struck out “and financial” before “assistance”. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 2015 RevivalFor 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. 11427, 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. 11427, see section 406 of Pub. L. 11427, set out as a note preceding section 2271 of this title.
Effective and Termination Dates of 2011 RevivalFor 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. 11240, set out as a note preceding section 2271 of this title. Section 233 of Pub. L. 11240, 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. 11427, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effective June 29, 2015. See Codification note above.
Effective and Termination Dates of 2009 AmendmentAmendment by Pub. L. 1115 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1864(e) of Pub. L. 1115, set out as an Effective and Termination Dates note under section 2344 of this title. Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 1115 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 1115, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 1115, 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. 1115 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. 1115 had never been enacted, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above.
Termination DateExcept as otherwise provided, technical assistance and grants may not be provided under this part after June 30, 2022, see section 285 of Pub. L. 93618, as modified by section 406(a)(7) of Pub. L. 11427, set out as notes preceding section 2271 of this title.
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# 19 U.S.C. § 2351 - Definitions
## Text
For purposes of this part, the term “firm” includes an individual proprietorship, partnership, joint venture, association, corporation (including a development corporation), business trust, cooperative, trustee in bankruptcy, and receiver under decree of any court. A firm, together with any predecessor or successor firm, or any affiliated firm controlled or substantially beneficially owned by substantially the same persons, may be considered a single firm where necessary to prevent unjustifiable benefits.
(Pub. L. 93618, title II, § 261, Jan. 3, 1975, 88 Stat. 2034; temporarily renumbered § 259 and amended Pub. L. 1115, div. B, title I, §§ 1861(b), 1864(a)(2), Feb. 17, 2009, 123 Stat. 396, 397; Pub. L. 11240, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; Pub. L. 11427, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)
## Notes
Termination of AssistanceFor termination of assistance under this part after June 30, 2022, see Termination Date note below.
Editorial Notes
Codification 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. 11240, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 11427, 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. 11427, §§ 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. 1115, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 1115, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 1115 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 11240, §§ 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.
Amendments2015—Pub. L. 11427, §§ 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. 11240, §§ 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—Pub. L. 1115, §§ 1861(b), 1893, temporarily substituted “part:” for “part,”, inserted par. (1) designation and heading, substituted “The term firm ” for “the term firm ”, and added par. (2). See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 2015 RevivalFor 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. 11427, 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. 11427, see section 406 of Pub. L. 11427, set out as a note preceding section 2271 of this title.
Effective and Termination Dates of 2011 RevivalFor 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. 11240, set out as a note preceding section 2271 of this title. Section 233 of Pub. L. 11240, 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. 11427, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effective June 29, 2015. See Codification note above.
Effective and Termination Dates of 2009 AmendmentAmendment by Pub. L. 1115 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1864(e) of Pub. L. 1115, set out as an Effective and Termination Dates note under section 2344 of this title. Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 1115 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 1115, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 1115, 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. 1115 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. 1115 had never been enacted, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above.
Termination DateExcept as otherwise provided, technical assistance and grants may not be provided under this part after June 30, 2022, see section 285 of Pub. L. 93618, as modified by section 406(a)(7) of Pub. L. 11427, set out as notes preceding section 2271 of this title.
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# 19 U.S.C. § 2352 - Regulations
## Text
The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this part.
(Pub. L. 93618, title II, § 262, Jan. 3, 1975, 88 Stat. 2034; temporarily renumbered § 260, Pub. L. 1115, div. B, title I, § 1864(a)(2), Feb. 17, 2009, 123 Stat. 397, and Pub. L. 11240, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403, and Pub. L. 11427, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)
## Notes
Termination of AssistanceFor termination of assistance under this part after June 30, 2022, see Termination Date note below.
Editorial Notes
Codification Source credit of Pub. L. 93618 reflects the July 1, 2021, reversion to section number in effect on Jan. 1, 2014. See Effective and Termination Dates of 2015 Revival note below. Section 233 of Pub. L. 11240, which provided for the Jan. 1, 2014, revival of the numbering of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 11427, title IV, § 402(a), June 29, 2015, 129 Stat. 374, and the renumbering of this section, as in effect on Dec. 31, 2013, was temporarily revived, effective June 29, 2015, until July 1, 2021, by Pub. L. 11427, §§ 402(b), (c), 406. See Effective and Termination Dates of 2015 Revival notes below. Section 1893 of Pub. L. 1115, which provided for Feb. 13, 2011, termination of renumbering by Pub. L. 1115, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the renumbering of this section by Pub. L. 1115 was temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 11240, §§ 201(b), (c), 233. See Effective and Termination Dates of 2011 Revival notes below.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 2015 RevivalFor 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. 11427, 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. 11427, see section 406 of Pub. L. 11427, set out as a note preceding section 2271 of this title.
Effective and Termination Dates of 2011 RevivalFor 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. 11240, set out as a note preceding section 2271 of this title. Section 233 of Pub. L. 11240, 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. 11427, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effective June 29, 2015. See Codification note above.
Termination DateExcept as otherwise provided, technical assistance and grants may not be provided under this part after June 30, 2022, see section 285 of Pub. L. 93618, as modified by section 406(a)(7) of Pub. L. 11427, set out as notes preceding section 2271 of this title.
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# 19 U.S.C. § 2353 - Repealed. Pub. L. 9735, title XXV, § 2526, Aug. 13, 1981, 95 Stat. 893
## Notes
Section, Pub. L. 93618, title II, § 263, Jan. 3, 1975, 88 Stat. 2034, contained transitional provisions for certain events occurring prior to the effective date of this part.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Aug. 13, 1981, except as otherwise provided with respect to applications for adjustment assistance, see section 2529 of Pub. L. 9735, set out as an Effective Date of 1981 Amendment note under section 2343 of this title.
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# 19 U.S.C. § 2354 - Study by Secretary of Commerce when International Trade Commission begins investigation; action where there is affirmative finding
## Text
(a) Subject matter of study Whenever 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 firms in the domestic industry producing the like or directly competitive article which have been or are likely to be certified as eligible for adjustment assistance, and
(2) the extent to which the orderly adjustment of such firms 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) 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 its 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) Information to firms Whenever the Commission makes an affirmative finding under section 2252(b) of this title 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 firms in such industry about programs which may facilitate the orderly adjustment to import competition of such firms, and he shall provide assistance in the preparation and processing of petitions and applications of such firms for program benefits.
(Pub. L. 93618, title II, § 264, Jan. 3, 1975, 88 Stat. 2035; Pub. L. 100418, title I, § 1401(b)(1)(B), Aug. 23, 1988, 102 Stat. 1239; temporarily renumbered § 261, Pub. L. 1115, div. B, title I, § 1864(a)(2), Feb. 17, 2009, 123 Stat. 397, and Pub. L. 11240, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403, and Pub. L. 11427, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)
## Notes
Termination of AssistanceFor termination of assistance under this part after June 30, 2022, see Termination Date note below.
Editorial Notes
Codification Source credit of Pub. L. 93618 reflects the July 1, 2021, reversion to section number in effect on Jan. 1, 2014. See Effective and Termination Dates of 2015 Revival note below. Section 233 of Pub. L. 11240, which provided for the Jan. 1, 2014, revival of the numbering of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 11427, title IV, § 402(a), June 29, 2015, 129 Stat. 374, and the renumbering of this section, as in effect on Dec. 31, 2013, was temporarily revived, effective June 29, 2015, until July 1, 2021, by Pub. L. 11427, §§ 402(b), (c), 406. See Effective and Termination Dates of 2015 Revival notes below. Section 1893 of Pub. L. 1115, which provided for Feb. 13, 2011, termination of renumbering by Pub. L. 1115, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the renumbering of this section by Pub. L. 1115 was temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 11240, §§ 201(b), (c), 233. See Effective and Termination Dates of 2011 Revival notes below.
Amendments1988—Subsec. (a). Pub. L. 100418 substituted “section 2252” for “section 2251”. Subsec. (b). Pub. L. 100418 substituted “section 2252(f)” for “section 2251”. Subsec. (c). Pub. L. 100418 substituted “section 2252(b)” for “section 2251(b)”.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 2015 RevivalFor 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. 11427, 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. 11427, see section 406 of Pub. L. 11427, set out as a note preceding section 2271 of this title.
Effective and Termination Dates of 2011 RevivalFor 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. 11240, set out as a note preceding section 2271 of this title. Section 233 of Pub. L. 11240, 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. 11427, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effective June 29, 2015. See Codification note above.
Effective Date of 1988 AmendmentAmendment by Pub. L. 100418 effective Aug. 23, 1988, 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. 100418, set out as a note under section 2251 of this title.
Termination DateExcept as otherwise provided, technical assistance and grants may not be provided under this part after June 30, 2022, see section 285 of Pub. L. 93618, as modified by section 406(a) of Pub. L. 11427, set out as notes preceding section 2271 of this title.
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# 19 U.S.C. § 2355 - Assistance to industries
## Text
(a) Technical assistance The Secretary may provide technical assistance, on such terms and conditions as the Secretary deems appropriate, for the establishment of industrywide programs for new product development, new process development, export development, or other uses consistent with the purposes of this part. Such technical assistance may be provided through existing agencies, private individuals, firms, universities and institutions, and by grants, contracts, or cooperative agreements to associations, unions, or other nonprofit industry organizations in which a substantial number of firms or workers have been certified as eligible to apply for adjustment assistance under section 2273 or 2341 of this title.
(b) Expenditures Expenditures for technical assistance under this section may be up to $10,000,000 annually per industry and shall be made under such terms and conditions as the Secretary deems appropriate.
(Pub. L. 93618, title II, § 265, as added Pub. L. 9735, title XXV, § 2527, Aug. 13, 1981, 95 Stat. 893; amended Pub. L. 98369, div. B, title VI, § 2673, July 18, 1984, 98 Stat. 1172; temporarily renumbered § 262, Pub. L. 1115, div. B, title I, § 1864(a)(2), Feb. 17, 2009, 123 Stat. 397, and Pub. L. 11240, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403, and Pub. L. 11427, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)
## Notes
Termination of AssistanceFor termination of assistance under this part after June 30, 2022, see Termination Date note below.
Editorial Notes
Codification Source credit of Pub. L. 93618 reflects the July 1, 2021, reversion to section number in effect on Jan. 1, 2014. See Effective and Termination Dates of 2015 Revival note below. Section 233 of Pub. L. 11240, which provided for the Jan. 1, 2014, revival of the numbering of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 11427, title IV, § 402(a), June 29, 2015, 129 Stat. 374, and the renumbering of this section, as in effect on Dec. 31, 2013, was temporarily revived, effective June 29, 2015, until July 1, 2021, by Pub. L. 11427, §§ 402(b), (c), 406. See Effective and Termination Dates of 2015 Revival notes below. Section 1893 of Pub. L. 1115, which provided for Feb. 13, 2011, termination of renumbering by Pub. L. 1115, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the renumbering of this section by Pub. L. 1115 was temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 11240, §§ 201(b), (c), 233. See Effective and Termination Dates of 2011 Revival notes below.
Amendments1984—Subsec. (a). Pub. L. 98369, § 2673(1), inserted “or workers” after “of firms” and inserted reference to section 2273 of this title. Subsec. (b). Pub. L. 98369, § 2673(2), substituted “$10,000,000” for “$2,000,000”.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 2015 RevivalFor 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. 11427, 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. 11427, see section 406 of Pub. L. 11427, set out as a note preceding section 2271 of this title.
Effective and Termination Dates of 2011 RevivalFor 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. 11240, set out as a note preceding section 2271 of this title. Section 233 of Pub. L. 11240, 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. 11427, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effective June 29, 2015. See Codification note above.
Effective DateSection effective Aug. 13, 1981, except as otherwise provided with respect to applications for adjustment assistance, see section 2529 of Pub. L. 9735, set out as an Effective Date of 1981 Amendment note under section 2343 of this title.
Termination DateExcept as otherwise provided, technical assistance and grants may not be provided under this part after June 30, 2022, see section 285 of Pub. L. 93618, as modified by section 406(a) of Pub. L. 11427, set out as notes preceding section 2271 of this title.
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# 19 U.S.C. § 2356 - Repealed. Pub. L. 11240, title II, § 221(a)(3), Oct. 21, 2011, 125 Stat. 410
## Notes
Section, Pub. L. 1115, div. B, title I, § 1866, Feb. 17, 2009, 123 Stat. 399, required the Secretary of Commerce to submit and publish an annual report on trade adjustment assistance for firms and proscribed the release of certain confidential business information.
Statutory Notes and Related Subsidiaries
Effective Date of RepealPub. L. 11240, title II, § 221(a)(3), Oct. 21, 2011, 125 Stat. 410, provided that the repeal of this section is effective on the day after the date on which the Secretary of Commerce submits the report required by this section for fiscal year 2011 [report submitted Dec. 15, 2011].
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# 19 U.S.C. § 2371 - Community College and Career Training Grant Program
## Text
(a) Grants authorized (1) In general Beginning August 1, 2009, the Secretary may award Community College and Career Training Grants to eligible institutions for the purpose of developing, offering, or improving educational or career training programs for workers eligible for training under section 2296 of this title.
(2) Limitations An eligible institution may not be awarded—
(A) more than one grant under this section; or
(B) a grant under this section in excess of $1,000,000.
(b) Definitions In this section:
(1) Eligible institution The term “eligible institution” means an institution of higher education (as defined in section 1002 of title 20), but only with respect to a program offered by the institution that can be completed in not more than 2 years.
(2) Secretary The term “Secretary” means the Secretary of Labor.
(c) Grant proposals (1) In general An eligible institution seeking to receive a grant under this section shall submit a grant proposal to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
(2) Guidelines Not later than June 1, 2009, the Secretary shall—
(A) promulgate guidelines for the submission of grant proposals under this section; and
(B) publish and maintain such guidelines on the website of the Department of Labor.
(3) Assistance The Secretary shall offer assistance in preparing a grant proposal to any eligible institution that requests such assistance.
(4) General requirements for grant proposals (A) In general A grant proposal submitted to the Secretary under this section shall include a detailed description of—
(i) the specific project for which the grant proposal is submitted, including the manner in which the grant will be used to develop, offer, or improve an educational or career training program that is suited to workers eligible for training under section 2296 of this title;
(ii) the extent to which the project for which the grant proposal is submitted will meet the educational or career training needs of workers in the community served by the eligible institution who are eligible for training under section 2296 of this title; and
(iii) any previous experience of the eligible institution in providing educational or career training programs to workers eligible for training under section 2296 of this title.
(B) Absence of experience The absence of any previous experience in providing educational or career training programs described in subparagraph (A)(iii) shall not automatically disqualify an eligible institution from receiving a grant under this section.
(5) Community outreach required In order to be considered by the Secretary, a grant proposal submitted by an eligible institution under this section shall—
(A) demonstrate that the eligible institution—
(i) reached out to employers to identify—
(I) any shortcomings in existing educational and career training opportunities available to workers in the community; and
(II) any future employment opportunities within the community and the educational and career training skills required for workers to meet the future employment demand; and
(ii) reached out to other similarly situated institutions in an effort to benefit from any best practices that may be shared with respect to providing educational or career training programs to workers eligible for training under section 2296 of this title; and
(B) include a detailed description of—
(i) the extent and outcome of the outreach conducted under subparagraph (A);
(ii) the extent to which the project for which the grant proposal is submitted will contribute to meeting any shortcomings identified under subparagraph (A)(i)(I) or any educational or career training needs identified under subparagraph (A)(i)(II); and
(iii) the extent to which employers, including small- and medium-sized firms within the community, have demonstrated a commitment to employing workers who would benefit from the project for which the grant proposal is submitted.
(d) Criteria for award of grants (1) In general Subject to the appropriation of funds, the Secretary shall award a grant under this section based on—
(A) a determination of the merits of the grant proposal submitted by the eligible institution to develop, offer, or improve educational or career training programs to be made available to workers eligible for training under section 2296 of this title;
(B) an evaluation of the likely employment opportunities available to workers who complete an educational or career training program that the eligible institution proposes to develop, offer, or improve; and
(C) an evaluation of prior demand for training programs by workers eligible for training under section 2296 of this title in the community served by the eligible institution, as well as the availability and capacity of existing training programs to meet future demand for training programs.
(2) Matching requirements A grant awarded under this section may not be used to satisfy any private matching requirement under any other provision of law.
(e) Annual report Not later than December 15, 2009, and annually thereafter, the Secretary shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report—
(1) describing each grant awarded under this section during the preceding fiscal year;
(2) assessing the impact of each award of a grant under this section in a fiscal year preceding the fiscal year referred to in paragraph (1) on workers receiving training under section 2296 of this title; and
(3) providing the following data relating to program performance and outcomes:
(A) Of the grants awarded under this section, the amount of funds spent by grantees.
(B) The average dollar amount of grants awarded under this section.
(C) The average duration of grants awarded under this section.
(D) The percentage of workers receiving benefits under part 2 that are served by programs developed, offered, or improved using grants awarded under this section.
(E) The percentage and number of workers receiving benefits under part 2 who obtained a degree through such programs and the average duration of the participation of such workers in training under section 2296 of this title.
(F) The number of workers receiving benefits under part 2 served by such programs who did not complete a degree and the average duration of the participation of such workers in training under section 2296 of this title.
(Pub. L. 93618, title II, § 271, formerly § 278, as added Pub. L. 1115, div. B, title I, § 1872(a), Feb. 17, 2009, 123 Stat. 406; amended Pub. L. 111344, title I, § 101(c)(8), Dec. 29, 2010, 124 Stat. 3614; as added, renumbered § 271, and amended Pub. L. 11240, title II, §§ 201(b), (c), 222(a)(3), (b)(1), (c)(1), Oct. 21, 2011, 125 Stat. 403, 411.)
## Notes
Editorial Notes
Codification Section 1893 of Pub. L. 1115, which provided for Feb. 13, 2011, termination of section, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and this section, as added by Pub. L. 1115, as amended by Pub. L. 111344, and as in effect on Feb. 12, 2011, was revived, effective Oct. 21, 2011, by Pub. L. 11240, § 201(b), (c). See 2010 and 2011 Amendment and Effective and Termination Dates notes below. Section was formerly classified to section 2372 of this title prior to renumbering by Pub. L. 11240.
Prior ProvisionsA prior section 2371, Pub. L. 93618, title II, § 271, as added Pub. L. 1115, div. B, title I, § 1872(a), Feb. 17, 2009, 123 Stat. 401, and Pub. L. 11240, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403, which defined terms, was repealed by Pub. L. 11240, title II, § 222(a)(1), Oct. 21, 2011, 125 Stat. 411. Another prior section 2371, Pub. L. 93618, title II, § 271, Jan. 3, 1975, 88 Stat. 2035, related to petitions and determinations and terminated Sept. 30, 1982, pursuant to section 285 of Pub. L. 93618, set out as a Termination Date note preceding section 2271 of this title, prior to the general amendment of this part by Pub. L. 1115.
Amendments2011—Subsec. (c)(4)(A)(ii) to (v). Pub. L. 11240, § 222(c)(1)(A)(i)(I), substituted “; and” for semicolon at end of cl. (ii), redesignated cl. (v) as (iii), and struck out former cls. (iii) and (iv) which read as follows: “(iii) the extent to which the project for which the grant proposal is submitted fits within any overall strategic plan developed by an eligible community under section 2371e of this title; “(iv) the extent to which the project for which the grant proposal is submitted relates to any project funded by a Sector Partnership Grant awarded under section 2373 of this title; and”. See Codification note above. Subsec. (c)(4)(B). Pub. L. 11240, § 222(c)(1)(A)(i)(II), substituted “(A)(iii)” for “(A)(v)”. See Codification note above. Subsec. (c)(5)(A)(i). Pub. L. 11240, § 222(c)(1)(A)(ii)(I)(aa), struck out “, and other entities described in section 2371e(a)(2)(B) of this title” after “employers” in introductory provisions. See Codification note above. Subsec. (c)(5)(A)(i)(II). Pub. L. 11240, § 222(c)(1)(A)(ii)(I)(bb), substituted “; and” for semicolon at end. See Codification note above. Subsec. (c)(5)(A)(iii). Pub. L. 11240, § 222(c)(1)(A)(ii)(II), struck out cl. (iii) which read as follows: “reached out to any eligible partnership in the community that has sought or received a Sector Partnership Grant under section 2373 of this title to enhance the effectiveness of each grant and avoid duplication of efforts; and”. See Codification note above. Subsec. (d)(2), (3). Pub. L. 11240, § 222(c)(1)(B), redesignated par. (3) as (2) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “In awarding grants under this section, the Secretary shall give priority to an eligible institution that serves a community that the Secretary of Commerce has determined under section 2371b of this title is eligible to apply for assistance under subpart A within the 5-year period preceding the date on which the grant proposal is submitted to the Secretary under this section.” See Codification note above. Subsec. (e). Pub. L. 11240, § 222(b)(1)(A), substituted “December 15, 2009,” for “December 15 in each of the calendar years 2009 through” in introductory provisions. See Codification note above. Subsec. (e)(3). Pub. L. 11240, § 222(b)(1)(B)(D), added par. (3). See Codification note above. 2010—Subsec. (e). Pub. L. 111344 substituted “and annually thereafter” for “2011” in introductory provisions. See Codification note above.
Statutory Notes and Related Subsidiaries
Effective Date of 2011 AmendmentPub. L. 11240, title II, § 222(b)(2), Oct. 21, 2011, 125 Stat. 411, provided that: “The amendments made by paragraph (1) [amending this section] shall— “(A) take effect on October 1, 2011; and “(B) apply with respect to reports submitted under subsection (e) of section 271 of the Trade Act of 1974 [19 U.S.C. 2371(e)], as redesignated by subsection (a)(3), on or after October 1, 2012.”
Effective Date of 2010 AmendmentAmendment by Pub. L. 111344 effective Jan. 1, 2011, see section 101(d) of Pub. L. 111344, set out as a note preceding section 2271 of this title.
Effective and Termination DatesFor revival and applicability of section, as in effect on Feb. 12, 2011, see section 201(b), (c) of Pub. L. 11240, set out as an Effective and Termination Dates of 2011 Revival note preceding section 2271 of this title. Except as otherwise provided and subject to certain applicability provisions, section effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 1115, set out as an Effective and Termination Dates of 2009 Amendment note under section 2271 of this title. Section 1893 of Pub. L. 1115, which provided that, except as otherwise provided, this section and the general amendment of this part not applicable on or after Feb. 13, 2011, and that this part be applied and administered beginning Feb. 13, 2011, as if this section and the general amendment of this part had never been enacted, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403. See Codification note above.
PurposePub. L. 1115, div. B, title I, § 1871, Feb. 17, 2009, 123 Stat. 401, provided that: “The purpose of the amendments made by this part [part III (§§ 18711873) of subtitle I of title I of div. B of Pub. L. 1115, enacting this part and amending section 2395 of this title and section 1581 of Title 28, Judiciary and Judicial Procedure] is to assist communities impacted by trade with economic adjustment through the coordination of Federal, State, and local resources, the creation of community-based development strategies, and the development and provision of programs that meet the training needs of workers covered by certifications under section 223 [probably means section 223 of Pub. L. 93618, which is classified to section 2273 of this title].”
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# 19 U.S.C. § 2371a to 2371f - Repealed. Pub. L. 11240, title II, § 222(a)(1), Oct. 21, 2011, 125 Stat. 411
## Notes
Section 2371a, Pub. L. 93618, title II, § 272, as added Pub. L. 1115, div. B, title I, § 1872(a), Feb. 17, 2009, 123 Stat. 401, and Pub. L. 11240, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403, related to establishment of trade adjustment assistance for communities program.
Section 2371b, Pub. L. 93618, title II, § 273, as added Pub. L. 1115, div. B, title I, § 1872(a), Feb. 17, 2009, 123 Stat. 401, and Pub. L. 11240, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403, related to eligibility for assistance and required notifications.
Section 2371c, Pub. L. 93618, title II, § 274, as added Pub. L. 1115, div. B, title I, § 1872(a), Feb. 17, 2009, 123 Stat. 403, and Pub. L. 11240, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403, related to technical assistance to eligible communities.
Section 2371d, Pub. L. 93618, title II, § 275, as added Pub. L. 1115, div. B, title I, § 1872(a), Feb. 17, 2009, 123 Stat. 403; amended Pub. L. 111344, title I, § 101(c)(5), Dec. 29, 2010, 124 Stat. 3613; as added Pub. L. 11240, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403, related to grants for eligible communities.
Section 2371e, Pub. L. 93618, title II, § 276, as added Pub. L. 1115, div. B, title I, § 1872(a), Feb. 17, 2009, 123 Stat. 404; amended Pub. L. 111344, title I, § 101(c)(6), Dec. 29, 2010, 124 Stat. 3613; as added Pub. L. 11240, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403, related to strategic plans.
Section 2371f, Pub. L. 93618, title II, § 277, as added Pub. L. 1115, div. B, title I, § 1872(a), Feb. 17, 2009, 123 Stat. 405; amended Pub. L. 111344, title I, § 101(c)(7), Dec. 29, 2010, 124 Stat. 3613; as added Pub. L. 11240, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403, provided for regulations, personnel, and appropriations to carry out former subpart A.
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# 19 U.S.C. § 2372 - Authorization of appropriations
## Text
(a) Authorization of appropriations There are authorized to be appropriated to the Secretary of Labor $40,000,000 for each of the fiscal years 2009 and 2010, and $10,000,000 for the period beginning October 1, 2010, and ending December 31, 2010, to fund the Community College and Career Training Grant Program. Funds appropriated pursuant to this section shall remain available until expended.
(b) Additional funds; minimum allocation to States There are appropriated $500,000,000 for each of fiscal years 2011, 2012, 2013, and 2014 to carry out this subpart,11 See References in Text note below. except that the limitations contained in section 2371(a)(2) of this title shall not apply to such funds and each State shall receive not less than 0.5 percent of the amount appropriated pursuant to this subsection for each such fiscal year.
(Pub. L. 93618, title II, § 272, formerly § 279, as added Pub. L. 1115, div. B, title I, § 1872(a), Feb. 17, 2009, 123 Stat. 409; amended Pub. L. 111152, title I, § 1501, Mar. 30, 2010, 124 Stat. 1070; as added, renumbered § 272, and amended Pub. L. 11240, title II, §§ 201(b), (c), 222(a)(3), (c)(2), Oct. 21, 2011, 125 Stat. 403, 411, 412.)
## Notes
Editorial Notes
References in TextThis subpart, referred to in subsec. (b), means former subpart B (§§ 2372, 2372a) of this part. Subpart B was redesignated as this part, and remaining subparts A, C, and D were struck out, by Pub. L. 11240, title II, § 222(a)(1), (2), Oct. 21, 2011, 125 Stat. 411.
Codification Section 1893 of Pub. L. 1115, which provided for Feb. 13, 2011, termination of section, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and this section, as added by Pub. L. 1115, as amended by Pub. L. 111152, and as in effect on Feb. 12, 2011, was revived, effective Oct. 21, 2011, by Pub. L. 11240, § 201(b), (c). See 2010 and 2011 Amendment and Effective and Termination Dates notes below. Section was formerly classified to section 2372a of this title prior to renumbering by Pub. L. 11240.
Prior ProvisionsA prior section 2372 was transferred to section 2371 of this title. Another prior section 2372, Pub. L. 93618, title II, § 272, Jan. 3, 1975, 88 Stat. 2036, related to Trade Impacted Area Councils for Adjustment Assistance and terminated Sept. 30, 1982, pursuant to section 285 of Pub. L. 93618, set out as a Termination Date note preceding section 2271 of this title, prior to the general amendment of this part by Pub. L. 1115.
Amendments2011—Subsec. (b). Pub. L. 11240, § 222(c)(2), substituted “2371(a)(2)” for “2372(a)(2)”. See Codification note above. 2010—Subsec. (b). Pub. L. 111152 struck out heading which read “Supplement not supplant” and in text substituted “There are” for “Funds” and “$500,000,000 for each of fiscal years 2011, 2012, 2013, and 2014 to carry out this subpart, except that the limitations contained in section 2372(a)(2) of this title shall not apply to such funds and each State shall receive not less than 0.5 percent of the amount appropriated pursuant to this subsection for each such fiscal year.” for “pursuant to this section shall be used to supplement and not supplant other Federal, State, and local public funds expended to support community college and career training programs.” See Codification note above.
Statutory Notes and Related Subsidiaries
Effective and Termination DatesFor revival and applicability of section, as in effect on Feb. 12, 2011, see section 201(b), (c) of Pub. L. 11240, set out as an Effective and Termination Dates of 2011 Revival note preceding section 2271 of this title. Except as otherwise provided and subject to certain applicability provisions, section effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 1115, set out as an Effective and Termination Dates of 2009 Amendment note under section 2271 of this title. Section 1893 of Pub. L. 1115, which provided that, except as otherwise provided, this section and the general amendment of this part not applicable on or after Feb. 13, 2011, and this part to be applied and administered beginning Feb. 13, 2011, as if this section and the general amendment of this part had never been enacted, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403. See Codification note above.
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# 19 U.S.C. § 2372a - Transferred
## Notes
Editorial Notes
Codification Section, Pub. L. 93618, title II, § 272, formerly § 279, as added Pub. L. 1115, div. B, title I, § 1872(a), Feb. 17, 2009, 123 Stat. 409; amended Pub. L. 111152, title I, § 1501, Mar. 30, 2010, 124 Stat. 1070; as added and renumbered § 272, Pub. L. 11240, title II, §§ 201(b), (c), 222(a)(3), Oct. 21, 2011, 125 Stat. 403, 411, which provided for appropriations for fiscal years 2009 to 2014, was transferred to section 2372 of this title.
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# 19 U.S.C. § 2373 to 2374 - Repealed. Pub. L. 11240, title II, § 222(a)(1), Oct. 21, 2011, 125 Stat. 411
## Notes
Section 2373, Pub. L. 93618, title II, § 279A, as added Pub. L. 1115, div. B, title I, § 1872(a), Feb. 17, 2009, 123 Stat. 409; amended Pub. L. 111344, title I, § 101(c)(9), Dec. 29, 2010, 124 Stat. 3614; as added Pub. L. 11240, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403, related to industry or Sector Partnership Grant program for communities impacted by trade.
A prior section 2373, Pub. L. 93618, title II, § 273, Jan. 3, 1975, 88 Stat. 2037, related to program benefits and terminated Sept. 30, 1982, pursuant to section 285 of Pub. L. 93618, set out as a Termination Date note preceding section 2271 of this title, prior to the general amendment of this part by Pub. L. 1115.
Section 2373a, Pub. L. 93618, title II, § 279B, as added Pub. L. 1115, div. B, title I, § 1872(a), Feb. 17, 2009, 123 Stat. 413; amended Pub. L. 111344, title I, § 101(c)(10), Dec. 29, 2010, 124 Stat. 3614; as added Pub. L. 11240, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403, authorized appropriations to carry out the Sector Partnership Grant program.
Section 2374, Pub. L. 93618, title II, § 279C, as added Pub. L. 1115, div. B, title I, § 1872(a), Feb. 17, 2009, 123 Stat. 413, and Pub. L. 11240, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403, related to a rule of construction regarding multiple sources of assistance.
A prior section 2374, Pub. L. 93618, title II, § 274, Jan. 3, 1975, 88 Stat. 2040, related to Community Adjustment Assistance Fund and terminated Sept. 30, 1982, pursuant to section 285 of Pub. L. 93618, set out as a Termination Date note preceding section 2271 of this title, prior to the general amendment of this part by Pub. L. 1115.
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# 19 U.S.C. § 2391 - GAO study and report
## Text
(a) Adjustment assistance programs The Comptroller General of the United States shall conduct a study of the adjustment assistance programs established under parts 2, 3, and 4 of this subchapter and shall report the results of such study to the Congress no later than January 31, 1980. Such report shall include an evaluation of—
(1) the effectiveness of such programs in aiding workers, firms, and communities to adjust to changed economic conditions resulting from changes in the patterns of international trade; and
(2) the coordination of the administration of such programs and other Government programs which provide unemployment compensation and relief to depressed areas.
(b) Assistance from Labor and Commerce Departments In carrying out his responsibilities under this section, the Comptroller General shall, to the extent practical, avail himself of the assistance of the Departments of Labor and Commerce. The Secretaries of Labor and Commerce shall make available to the Comptroller General any assistance necessary for an effective evaluation of the adjustment assistance programs established under this subchapter.
(Pub. L. 93618, title II, § 280, Jan. 3, 1975, 88 Stat. 2040.)
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# 19 U.S.C. § 2392 - Adjustment Assistance Coordinating Committee
## Text
There is established the Adjustment Assistance Coordinating Committee to consist of a Deputy United States Trade Representative as Chairman, and the officials charged with adjustment assistance responsibilities of the Departments of Labor and Commerce and the Small Business Administration. It shall be the function of the Committee to coordinate the adjustment assistance policies, studies, and programs of the various agencies involved and to promote the efficient and effective delivery of adjustment assistance benefits.
(Pub. L. 93618, title II, § 281, Jan. 3, 1975, 88 Stat. 2040; 1979 Reorg. Plan No. 3, § 1(c), eff. Jan. 2, 1980, 44 F.R. 69274, 93 Stat. 1381.)
## Notes
Executive Documents
Change of Name “Deputy United States Trade Representative” substituted in text for “Deputy Special Trade Representative”, meaning Deputy Special Representative for Trade Negotiations, pursuant to Reorg. Plan No. 3 of 1979, § 1(c), 44 F.R. 69274, 93 Stat. 1381, eff. Jan. 2, 1980, as provided by section 1107(a) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 993, set out as notes under section 2171 of this title. See, also, section 2171 of this title as amended by Pub. L. 97456.
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# 19 U.S.C. § 2393 - Trade monitoring system
## Text
The Secretary of Commerce and the Secretary of Labor shall establish and maintain a program to monitor imports of articles into the United States which will reflect changes in the volume of such imports, the relation of such imports to changes in domestic production, changes in employment within domestic industries producing articles like or directly competitive with such imports, and the extent to which such changes in production and employment are concentrated in specific geographic regions of the United States. A summary of the information gathered under this section shall be published regularly and provided to the Adjustment Assistance Coordinating Committee, the International Trade Commission, and to the Congress.
(Pub. L. 93618, title II, § 282, Jan. 3, 1975, 88 Stat. 2040; Pub. L. 1115, div. B, title I, § 1804(a), Feb. 17, 2009, 123 Stat. 372; Pub. L. 11240, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403; Pub. L. 11427, title IV, § 402(b), (c), June 29, 2015, 129 Stat. 374.)
## Notes
Editorial Notes
Codification 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. 11240, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub. L. 11427, 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. 11427, §§ 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. 1115, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 1115, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 1115 and as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 11240, §§ 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.
Amendments2015—Pub. L. 11427, §§ 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. 11240, §§ 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—Pub. L. 1115, §§ 1804(a)(1), 1893, temporarily substituted “and data collection” for “system” in section catchline. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Pub. L. 1115, §§ 1804(a)(2), (3), 1893, temporarily designated existing provisions as subsec. (a), inserted heading, inserted “and services” after “imports of articles”, “and domestic supply of services” after “domestic production”, “or supplying services” after “producing articles”, and “, or supply of services,” after “changes in production”, and added subsec. (b). See Codification note above and Effective and Termination Dates of 2009 Amendment note below.
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 2015 RevivalFor 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. 11427, 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. 11427, see section 406 of Pub. L. 11427, set out as a note preceding section 2271 of this title.
Effective and Termination Dates of 2011 RevivalFor 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. 11240, set out as a note preceding section 2271 of this title. Section 233 of Pub. L. 11240, 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. 11427, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effective June 29, 2015. See Codification note above.
Effective and Termination Dates of 2009 AmendmentPub. L. 1115, div. B, title I, § 1804(c), Feb. 17, 2009, 123 Stat. 373, provided that: “The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Feb. 17, 2009].” Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 1115 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 1115, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 1115, 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. 1115 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. 1115 had never been enacted, was repealed by Pub. L. 11240, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above.
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# 19 U.S.C. § 2394 - Firms relocating in foreign countries
## Text
Before moving productive facilities from the United States to a foreign country, every firm should—
(1) provide notice of the move to its employees who are likely to be totally or partially separated as a result of the move at least 60 days before the date of such move, and
(2) provide notice of the move to the Secretary of Labor and the Secretary of Commerce on the same day it notifies employees under paragraph (1).
(b) 11 So in original. The first paragraph was not designated subsec. (a). It is the sense of the Congress that every such firm should—
(1) apply for and use all adjustment assistance for which it is eligible under this subchapter,
(2) offer employment opportunities in the United States, if any exist, to its employees who are totally or partially separated workers as a result of the move, and
(3) assist in relocating employees to other locations in the United States where employment opportunities exist.
(Pub. L. 93618, title II, § 283, Jan. 3, 1975, 88 Stat. 2041.)

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