SUBCHAPTER II—RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
Part 1—Positive Adjustment by Industries Injured by Imports
§2251. Action to facilitate positive adjustment to import competition
(a) Presidential action
If the United States International Trade Commission (hereinafter referred to in this part as the "Commission") determines under
(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
(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
(
Amendments
1988—
1984—Subsec. (b)(2)(B).
Subsec. (b)(2)(D).
Subsec. (b)(7).
1979—Subsec. (b)(6).
Effective Date of 1988 Amendment
Section 1401(c) of
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Study on Trade Adjustment Assistance for Fishermen
Term "Industry" To Include Producers Located in United States Insular Possessions
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 (
Gerald R. Ford.
§2252. Investigations, determinations, and recommendations by Commission
(a) Petitions and adjustment plans
(1) A petition requesting action under this part for the purpose of facilitating positive adjustment to import competition may be filed with the Commission by an entity, including a trade association, firm, certified or recognized union, or group of workers, which is representative of an industry.
(2) A petition under paragraph (1)—
(A) shall include a statement describing the specific purposes for which action is being sought, which may include facilitating the orderly transfer of resources to more productive pursuits, enhancing competitiveness, or other means of adjustment to new conditions of competition; and
(B) may—
(i) subject to subsection (d)(1)(C)(i) of this section, request provisional relief under subsection (d)(1) of this section; or
(ii) request provisional relief under subsection (d)(2) of this section.
(3) Whenever a petition is filed under paragraph (1), the Commission shall promptly transmit copies of the petition to the Office of the United States Trade Representative and other Federal agencies directly concerned.
(4) A petitioner under paragraph (1) may submit to the Commission and the United States Trade Representative (hereafter in this part referred to as the "Trade Representative"), either with the petition, or at any time within 120 days after the date of filing of the petition, a plan to facilitate positive adjustment to import competition.
(5)(A) Before submitting an adjustment plan under paragraph (4), the petitioner and other entities referred to in paragraph (1) that wish to participate may consult with the Trade Representative and the officers and employees of any Federal agency that is considered appropriate by the Trade Representative, for purposes of evaluating the adequacy of the proposals being considered for inclusion in the plan in relation to specific actions that may be taken under this part.
(B) A request for any consultation under subparagraph (A) must be made to the Trade Representative. Upon receiving such a request, the Trade Representative shall confer with the petitioner and provide such assistance, including publication of appropriate notice in the Federal Register, as may be practicable in obtaining other participants in the consultation. No consultation may occur under subparagraph (A) unless the Trade Representative, or his delegate, is in attendance.
(6)(A) In the course of any investigation under subsection (b) of this section, the Commission shall seek information (on a confidential basis, to the extent appropriate) on actions being taken, or planned to be taken, or both, by firms and workers in the industry to make a positive adjustment to import competition.
(B) Regardless whether an adjustment plan is submitted under paragraph (4) by the petitioner, if the Commission makes an affirmative determination under subsection (b) of this section, any—
(i) firm in the domestic industry;
(ii) certified or recognized union or group of workers in the domestic industry;
(iii) State or local community;
(iv) trade association representing the domestic industry; or
(v) any other person or group of persons,
may, individually, submit to the Commission commitments regarding actions such persons and entities intend to take to facilitate positive adjustment to import competition.
(7) Nothing in paragraphs (5) and (6) may be construed to provide immunity under the antitrust laws.
(8) The procedures concerning the release of confidential business information set forth in section 332(g) of the Tariff Act of 1930 [
(b) Investigations and determinations by Commission
(1)(A) Upon the filing of a petition under subsection (a) of this section, the request of the President or the Trade Representative, the resolution of either the Committee on Ways and Means of the House of Representatives or the Committee on Finance of the Senate, or on its own motion, the Commission shall promptly make an investigation to determine whether 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.
(B) For purposes of this section, the term "substantial cause" means a cause which is important and not less than any other cause.
(2)(A) Except as provided in subparagraph (B), the Commission shall make the determination under paragraph (1) within 120 days (180 days if the petition alleges that critical circumstances exist) after the date on which the petition is filed, the request or resolution is received, or the motion is adopted, as the case may be.
(B) If before the 100th day after a petition is filed under subsection (a)(1) of this section the Commission determines that the investigation is extraordinarily complicated, the Commission shall make the determination under paragraph (1) within 150 days (210 days if the petition alleges that critical circumstances exist) after the date referred to in subparagraph (A).
(3) 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 public hearings at which the Commission shall afford interested parties and consumers an opportunity to be present, to present evidence, to comment on the adjustment plan, if any, submitted under subsection (a) of this section, to respond to the presentations of other parties and consumers, and otherwise to be heard.
(c) Factors applied in making determinations
(1) In making determinations under subsection (b) of this section, the Commission shall take into account all economic factors which it considers relevant, including (but not limited to)—
(A) with respect to serious injury—
(i) the significant idling of productive facilities in the domestic industry,
(ii) the inability of a significant number of firms to carry out domestic production operations at a reasonable level of profit, and
(iii) significant unemployment or underemployment within the domestic industry;
(B) with respect to threat of serious injury—
(i) a decline in sales or market share, a higher and growing inventory (whether maintained by domestic producers, importers, wholesalers, or retailers), and a downward trend in production, profits, wages, productivity, or employment (or increasing underemployment) in the domestic industry,
(ii) the extent to which firms in the domestic industry are unable to generate adequate capital to finance the modernization of their domestic plants and equipment, or are unable to maintain existing levels of expenditures for research and development,
(iii) the extent to which the United States market is the focal point for the diversion of exports of the article concerned by reason of restraints on exports of such article to, or on imports of such article into, third country markets; and
(C) with respect to substantial cause, an increase in imports (either actual or relative to domestic production) and a decline in the proportion of the domestic market supplied by domestic producers.
(2) In making determinations under subsection (b) of this section, the Commission shall—
(A) consider the condition of the domestic industry over the course of the relevant business cycle, but may not aggregate the causes of declining demand associated with a recession or economic downturn in the United States economy into a single cause of serious injury or threat of injury; and
(B) examine factors other than imports which may be a cause of serious injury, or threat of serious injury, to the domestic industry.
The Commission shall include the results of its examination under subparagraph (B) in the report submitted by the Commission to the President under subsection (e) of this section.
(3) The presence or absence of any factor which the Commission is required to evaluate in subparagraphs (A) and (B) of paragraph (1) is not necessarily dispositive of whether 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.
(4) For purposes of subsection (b) of this section, in determining the domestic industry producing an article like or directly competitive with an imported article, the Commission—
(A) to the extent information is available, shall, in the case of a domestic producer which also imports, treat as part of such domestic industry only its domestic production;
(B) may, in the case of a domestic producer which produces more than one article, treat as part of such domestic industry only that portion or subdivision of the producer which produces the like or directly competitive article; and
(C) may, in the case of one or more domestic producers which produce a like or directly competitive article in a major geographic area of the United States and whose production facilities in such area for such article constitute a substantial portion of the domestic industry in the United States and primarily serve the market in such area, and where the imports are concentrated in such area, treat as such domestic industry only that segment of the production located in such area.
(5) In the course of any proceeding under this subsection, the Commission shall investigate any factor which in its judgment may be contributing to increased imports of the article under investigation. Whenever in the course of its investigation the Commission has reason to believe that the increased imports are attributable in part to circumstances which come within the purview of subtitles A and B of title VII [
(6) For purposes of this section:
(A)(i) The term "domestic industry" means, with respect to an article, the producers as a whole of the like or directly competitive article or those producers whose collective production of the like or directly competitive article constitutes a major proportion of the total domestic production of such article.
(ii) The term "domestic industry" includes producers located in the United States insular possessions.
(B) The term "significant idling of productive facilities" includes the closing of plants or the underutilization of production capacity.
(C) The term "serious injury" means a significant overall impairment in the position of a domestic industry.
(D) The term "threat of serious injury" means serious injury that is clearly imminent.
(d) Provisional relief
(1)(A) An entity representing a domestic industry that produces a perishable agricultural product or citrus product that is like or directly competitive with an imported perishable agricultural product or citrus product may file a request with the Trade Representative for the monitoring of imports of that product under subparagraph (B). Within 21 days after receiving the request, the Trade Representative shall determine if—
(i) the imported product is a perishable agricultural product or citrus product; and
(ii) there is a reasonable indication that such product is being imported into the United States in such increased quantities as to be, or likely to be, a substantial cause of serious injury, or the threat thereof, to such domestic industry.
(B) If the determinations under subparagraph (A)(i) and (ii) are affirmative, the Trade Representative shall request, under section 332(g) of the Tariff Act of 1930 [
(C) If a petition filed under subsection (a) of this section—
(i) alleges injury from imports of a perishable agricultural product or citrus product that has been, on the date the allegation is included in the petition, subject to monitoring by the Commission under subparagraph (B) for not less than 90 days; and
(ii) requests that provisional relief be provided under this subsection with respect to such imports;
the Commission shall, not later than the 21st day after the day on which the request was filed, make a determination, on the basis of available information, whether increased imports (either actual or relative to domestic production) of the perishable agricultural product or citrus product are a substantial cause of serious injury, or the threat thereof, to the domestic industry producing a like or directly competitive perishable product or citrus product, and whether either—
(I) the serious injury is likely to be difficult to repair by reason of perishability of the like or directly competitive agricultural product; or
(II) the serious injury cannot be timely prevented through investigation under subsection (b) of this section and action under
(D) At the request of the Commission, the Secretary of Agriculture shall promptly provide to the Commission any relevant information that the Department of Agriculture may have for purposes of making determinations and findings under this subsection.
(E) Whenever the Commission makes an affirmative preliminary determination under subparagraph (C), the Commission shall find the amount or extent of provisional relief that is necessary to prevent or remedy the serious injury. In carrying out this subparagraph, the Commission shall give preference to increasing or imposing a duty on imports, if such form of relief is feasible and would prevent or remedy the serious injury.
(F) The Commission shall immediately report to the President its determination under subparagraph (C) and, if the determination is affirmative, the finding under subparagraph (E).
(G) Within 7 days after receiving a report from the Commission under subparagraph (F) containing an affirmative determination, the President, if he considers provisional relief to be warranted and after taking into account the finding of the Commission under subparagraph (E), shall proclaim such provisional relief that the President considers necessary to prevent or remedy the serious injury.
(2)(A) When a petition filed under subsection (a) of this section alleges that critical circumstances exist and requests that provisional relief be provided under this subsection with respect to imports of the article identified in the petition, the Commission shall, not later than 60 days after the petition containing the request was filed, determine, on the basis of available information, whether—
(i) there is clear evidence that increased imports (either actual or relative to domestic production) of the article are 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; and
(ii) delay in taking action under this part would cause damage to that industry that would be difficult to repair.
(B) If the determinations under subparagraph (A)(i) and (ii) are affirmative, the Commission shall find the amount or extent of provisional relief that is necessary to prevent or remedy the serious injury. In carrying out this subparagraph, the Commission shall give preference to increasing or imposing a duty on imports, if such form of relief is feasible and would prevent or remedy the serious injury.
(C) The Commission shall immediately report to the President its determinations under subparagraph (A)(i) and (ii) and, if the determinations are affirmative, the finding under subparagraph (B).
(D) Within 30 days after receiving a report from the Commission under subparagraph (C) containing an affirmative determination under subparagraph (A)(i) and (ii), the President, if he considers provisional relief to be warranted and after taking into account the finding of the Commission under subparagraph (B), shall proclaim, for a period not to exceed 200 days, such provisional relief that the President considers necessary to prevent or remedy the serious injury. Such relief shall take the form of an increase in, or the imposition of, a duty on imports, if such form of relief is feasible and would prevent or remedy the serious injury.
(3) If provisional relief is proclaimed under paragraph (1)(G) or (2)(D) in the form of an increase, or the imposition of, a duty, the President shall order the suspension of liquidation of all imported articles subject to the affirmative determination under paragraph (1)(C) or paragraph (2)(A), as the case may be, that are entered, or withdrawn from warehouse for consumption, on or after the date of the determination.
(4)(A) Any provisional relief implemented under this subsection with respect to an imported article shall terminate on the day on which—
(i) if such relief was proclaimed under paragraph (1)(G) or (2)(D), the Commission makes a negative determination under subsection (b) of this section regarding injury or the threat thereof by imports of such article;
(ii) action described in section 2253(a)(3)(A) or (C) of this title takes effect under
(iii) a decision by the President not to take any action under
(iv) whenever the President determines that, because of changed circumstances, such relief is no longer warranted.
(B) Any suspension of liquidation ordered under paragraph (3) with respect to an imported article shall terminate on the day on which provisional relief is terminated under subparagraph (A) with respect to the article.
(C) If an increase in, or the imposition of, a duty that is proclaimed under
(D) If provisional relief in the form of an increase in, or the imposition of, a duty is proclaimed under this section with respect to an imported article and neither a duty increase nor a duty imposition is proclaimed under
(5) For purposes of this subsection:
(A) The term "citrus product" means any processed oranges or grapefruit, or any orange or grapefruit juice, including concentrate.
(B) A perishable agricultural product is any agricultural article, including livestock, regarding which the Trade Representative considers action under this section to be appropriate after taking into account—
(i) whether the article has—
(I) a short shelf life,
(II) a short growing season, or
(III) a short marketing period,
(ii) whether the article is treated as a perishable product under any other Federal law or regulation; and
(iii) any other factor considered appropriate by the Trade Representative.
The presence or absence of any factor which the Trade Representative is required to take into account under clause (i), (ii), or (iii) is not necessarily dispositive of whether an article is a perishable agricultural product.
(C) The term "provisional relief" means—
(i) any increase in, or imposition of, any duty;
(ii) any modification or imposition of any quantitative restriction on the importation of an article into the United States; or
(iii) any combination of actions under clauses (i) and (ii).
(e) Commission recommendations
(1) If the Commission makes an affirmative determination under subsection (b)(1) of this section, the Commission shall also recommend the action that would address the serious injury, or threat thereof, to the domestic industry and be most effective in facilitating the efforts of the domestic industry to make a positive adjustment to import competition.
(2) The Commission is authorized to recommend under paragraph (1)—
(A) an increase in, or the imposition of, any duty on the imported article;
(B) a tariff-rate quota on the article;
(C) a modification or imposition of any quantitative restriction on the importation of the article into the United States;
(D) one or more appropriate adjustment measures, including the provision of trade adjustment assistance under part 2 of this subchapter; or
(E) any combination of the actions described in subparagraphs (A) through (D).
(3) The Commission shall specify the type, amount, and duration of the action recommended by it under paragraph (1). The limitations set forth in
(4) In addition to the recommendation made under paragraph (1), the Commission may also recommend that the President—
(A) initiate international negotiations to address the underlying cause of the increase in imports of the article or otherwise to alleviate the injury or threat; or
(B) implement any other action authorized under law that is likely to facilitate positive adjustment to import competition.
(5) For purposes of making its recommendation under this subsection, the Commission shall—
(A) after reasonable notice, hold a public hearing at which all interested parties shall be provided an opportunity to present testimony and evidence; and
(B) take into account—
(i) the form and amount of action described in paragraph (2)(A), (B), and (C) that would prevent or remedy the injury or threat thereof,
(ii) the objectives and actions specified in the adjustment plan, if any, submitted under subsection (a)(4) of this section,
(iii) any individual commitment that was submitted to the Commission under subsection (a)(6) of this section,
(iv) any information available to the Commission concerning the conditions of competition in domestic and world markets, and likely developments affecting such conditions during the period for which action is being requested, and
(v) whether international negotiations may be constructive to address the injury or threat thereof or to facilitate adjustment.
(6) Only those members of the Commission who agreed to the affirmative determination under subsection (b) of this section are eligible to vote on the recommendation required to be made under paragraph (1) or that may be made under paragraph (3). Members of the Commission who did not agree to the affirmative determination may submit, in the report required under subsection (f) of this section, separate views regarding what action, if any, should be taken under
(f) Report by Commission
(1) The Commission shall submit to the President a report on each investigation undertaken under subsection (b) of this section. The report shall be submitted at the earliest practicable time, but not later than 180 days (240 days if the petition alleges that critical circumstances exist) after the date on which the petition is filed, the request or resolution is received, or the motion is adopted, as the case may be.
(2) The Commission shall include in the report required under paragraph (1) the following:
(A) The determination made under subsection (b) of this section and an explanation of the basis for the determination.
(B) If the determination under subsection (b) of this section is affirmative, the recommendations for action made under subsection (e) of this section and an explanation of the basis for each recommendation.
(C) Any dissenting or separate views by members of the Commission regarding the determination and any recommendation referred to in subparagraphs (A) and (B).
(D) The findings required to be included in the report under subsection (c)(2) of this section.
(E) A copy of the adjustment plan, if any, submitted under
(F) Commitments submitted, and information obtained, by the Commission regarding steps that firms and workers in the domestic industry are taking, or plan to take, to facilitate positive adjustment to import competition.
(G) A description of—
(i) the short- and long-term effects that implementation of the action recommended under subection 1 (e) of this section is likely to have on the petitioning domestic industry, on other domestic industries, and on consumers, and
(ii) the short- and long-term effects of not taking the recommended action on the petitioning domestic industry, its workers and the communities where production facilities of such industry are located, and on other domestic industries.
(3) The Commission, after submitting a report to the President under paragraph (1), shall promptly make it available to the public (with the exception of the confidential information obtained under subsection (a)(6)(B) of this section and any other information which the Commission determines to be confidential) and cause a summary thereof to be published in the Federal Register.
(g) Expedited consideration of adjustment assistance petitions
If the Commission makes an affirmative determination under subsection (b)(1) of this section, the Commission shall promptly notify the Secretary of Labor and the Secretary of Commerce of the determination. After receiving such notification—
(1) the Secretary of Labor shall give expedited consideration to petitions by workers in the domestic industry for certification for eligibility to apply for adjustment assistance under part 2 of this subchapter; and
(2) the Secretary of Commerce shall give expedited consideration to petitions by firms in the domestic industry for certification of eligibility to apply for adjustment assistance under part 3 of this subchapter.
(h) Limitations on investigations
(1) Except for good cause determined by the Commission to exist, no investigation for the purposes of this section shall be made with respect to the same subject matter as a previous investigation under this part, unless 1 year has elapsed since the Commission made its report to the President of the results of such previous investigation.
(2) No new investigation shall be conducted with respect to an article that is or has been the subject of an action under
(3)(A) Not later than the date on which the Textiles Agreement enters into force with respect to the United States, the Secretary of Commerce shall publish in the Federal Register a list of all articles that are subject to the Textiles Agreement. An investigation may be conducted under this section concerning imports of any article that is subject to the Textiles Agreement only if the United States has integrated that article into GATT 1994 pursuant to the Textiles Agreement, as set forth in notices published in the Federal Register by the Secretary of Commerce, including the notice published under
(B) For purposes of this paragraph:
(i) The term "Textiles Agreement" means the Agreement on Textiles and Clothing referred to in
(ii) The term "GATT 1994" has the meaning given that term in
(i) Limited disclosure of confidential business information under protective order
The Commission shall promulgate regulations to provide access to confidential business information under protective order to authorized representatives of interested parties who are parties to an investigation under this section.
(
Amendment of Section
For termination of amendment by section 107(c) of
For termination of amendment by section 107(c) of
For termination of amendment by section 106(c) of
For termination of amendment by section 107(d) of
For termination of amendment by section 107(c) of
For termination of amendment by section 106(c) of
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References in Text
The North American Free Trade Agreement Implementation Act, referred to in subsec. (a)(8), is
Title II of the United States-Jordan Free Trade Area Implementation Act, referred to in subsec. (a)(8), is title II of
Title III of the United States-Chile Free Trade Agreement Implementation Act, referred to in subsec. (a)(8), is title III of
Title III of the United States-Singapore Free Trade Agreement Implementation Act, referred to in subsec. (a)(8), is title III of
Title III of the United States-Australia Free Trade Agreement Implementation Act, referred to in subsec. (a)(8), is title III of
Title III of the United States-Morocco Free Trade Agreement Implementation Act, referred to in subsec. (a)(8), is title III of
The Dominican Republic-Central America-United States Free Trade Agreement Implementation Act, referred to in subsec. (a)(8), is
Title III of the United States-Bahrain Free Trade Agreement Implementation Act, referred to in subsec. (a)(8), is title III of
Title III of the United States-Oman Free Trade Agreement Implementation Act, referred to in subsec. (a)(8), is title III of
Title III of the United States-Peru Trade Promotion Agreement Implementation Act, referred to in subsec. (a)(8), is title III of
The Tariff Act of 1930, referred to in subsec. (c)(5), is act June 17, 1930, ch. 497,
Amendments
2007—Subsec. (a)(8).
2006—Subsec. (a)(8).
2005—Subsec. (a)(8).
2004—Subsec. (a)(8).
2003—Subsec. (a)(8).
2001—Subsec. (a)(8).
1996—Subsec. (d)(4)(A)(i).
1994—Subsec. (a)(2)(B)(ii).
Subsec. (a)(8).
Subsec. (b)(1)(A).
Subsec. (b)(2)(A).
Subsec. (b)(2)(B).
Subsec. (b)(3), (4).
Subsec. (c)(1)(B)(i).
Subsec. (c)(6).
Subsec. (c)(6)(A).
Subsec. (c)(6)(C), (D).
Subsec. (d)(1)(C)(i).
Subsec. (d)(1)(E), (G).
Subsec. (d)(2).
"(2)(A) The Commission shall, at the same time it makes an affirmative determination under subsection (b)(3)(A) of this section regarding the existence of critical circumstances, find the amount or extent of provisional relief that is appropriate to address such critical circumstances. The Commission shall immediately report to the President each such affirmative determination and finding.
"(B) After receiving a report from the Commission under subparagraph (A), the President shall, within 7 days after the day on which the report is received and after taking into account the finding of the Commission under subparagraph (A), proclaim such provisional relief, if any, that the President considers appropriate to address the critical circumstances."
Subsec. (d)(3).
Subsec. (d)(4)(A)(i).
Subsec. (f)(1).
Subsec. (f)(2)(G)(ii).
Subsec. (h)(2).
Subsec. (h)(3).
Subsec. (i).
1993—Subsec. (a)(8).
Subsec. (d)(1)(A).
Subsec. (d)(1)(C).
Subsec. (d)(5).
1988—
Effective and Termination Dates of 2007 Amendment
Amendment by
Effective and Termination Dates of 2006 Amendment
Amendment by
Amendment by
Effective and Termination Dates of 2005 Amendment
Amendment by
Effective and Termination Dates of 2004 Amendments
Amendment by
Amendment by
Effective and Termination Dates of 2003 Amendments
Amendment by
Amendment by
Effective and Termination Dates of 2001 Amendment
Amendment by
Effective Date of 1994 Amendment
Section 304 of title III of
"(a)
"(b)
Effective Dates of 1993 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by
Uruguay Round Agreements: Entry Into Force
The Uruguay Round Agreements, including the World Trade Organization Agreement and agreements annexed to that Agreement, as referred to in
1 So in original. Probably should be "subsection".
§2253. Action by President after determination of import injury
(a) In general
(1)(A) After receiving a report under
(B) The action taken by the President under subparagraph (A) shall be to such extent, and for such duration, subject to subsection (e)(1) of this section, that the President determines to be appropriate and feasible under such subparagraph.
(C) The interagency trade organization established under
(2) In determining what action to take under paragraph (1), the President shall take into account—
(A) the recommendation and report of the Commission;
(B) the extent to which workers and firms in the domestic industry are—
(i) benefitting from adjustment assistance and other manpower programs, and
(ii) engaged in worker retraining efforts;
(C) the efforts being made, or to be implemented, by the domestic industry (including the efforts included in any adjustment plan or commitment submitted to the Commission under
(D) the probable effectiveness of the actions authorized under paragraph (3) to facilitate positive adjustment to import competition;
(E) the short- and long-term economic and social costs of the actions authorized under paragraph (3) relative to their short- and long-term economic and social benefits and other considerations relative to the position of the domestic industry in the United States economy;
(F) other factors related to the national economic interest of the United States, including, but not limited to—
(i) the economic and social costs which would be incurred by taxpayers, communities, and workers if import relief were not provided under this part,
(ii) the effect of the implementation of actions under this section on consumers and on competition in domestic markets for articles, and
(iii) the impact on United States industries and firms as a result of international obligations regarding compensation;
(G) the extent to which there is diversion of foreign exports to the United States market by reason of foreign restraints;
(H) the potential for circumvention of any action taken under this section;
(I) the national security interests of the United States; and
(J) the factors required to be considered by the Commission under
(3) The President may, for purposes of taking action under paragraph (1)—
(A) proclaim an increase in, or the imposition of, any duty on the imported article;
(B) proclaim a tariff-rate quota on the article;
(C) proclaim a modification or imposition of any quantitative restriction on the importation of the article into the United States;
(D) implement one or more appropriate adjustment measures, including the provision of trade adjustment assistance under part 2 of this subchapter;
(E) negotiate, conclude, and carry out agreements with foreign countries limiting the export from foreign countries and the import into the United States of such article;
(F) proclaim procedures necessary to allocate among importers by the auction of import licenses quantities of the article that are permitted to be imported into the United States;
(G) initiate international negotiations to address the underlying cause of the increase in imports of the article or otherwise to alleviate the injury or threat thereof;
(H) submit to Congress legislative proposals to facilitate the efforts of the domestic industry to make a positive adjustment to import competition;
(I) take any other action which may be taken by the President under the authority of law and which the President considers appropriate and feasible for purposes of paragraph (1); and
(J) take any combination of actions listed in subparagraphs (A) through (I).
(4)(A) Subject to subparagraph (B), the President shall take action under paragraph (1) within 60 days (50 days if the President has proclaimed provisional relief under
(B) If a supplemental report is requested under paragraph (5), the President shall take action under paragraph (1) within 30 days after the supplemental report is received, except that, in a case in which the President has proclaimed provisional relief under
(5) The President may, within 15 days after the date on which he receives a report from the Commission containing an affirmative determination under
(b) Reports to Congress
(1) On the day the President takes action under subsection (a)(1) of this section, the President shall transmit to Congress a document describing the action and the reasons for taking the action. If the action taken by the President differs from the action required to be recommended by the Commission under
(2) On the day on which the President decides that there is no appropriate and feasible action to take under subsection (a)(1) of this section with respect to a domestic industry, the President shall transmit to Congress a document that sets forth in detail the reasons for the decision.
(3) On the day on which the President takes any action under subsection (a)(1) of this section that is not reported under paragraph (1), the President shall transmit to Congress a document setting forth the action being taken and the reasons therefor.
(c) Implementation of action recommended by Commission
If the President reports under subsection (b)(1) or (2) of this section that—
(1) the action taken under subsection (a)(1) of this section differs from the action recommended by the Commission under
(2) no action will be taken under subsection (a)(1) of this section with respect to the domestic industry;
the action recommended by the Commission shall take effect (as provided in subsection (d)(2) of this section) upon the enactment of a joint resolution described in
(d) Time for taking effect of certain relief
(1) Except as provided in paragraph (2), any action described in subsection (a)(3)(A), (B), or (C) of this section, that is taken under subsection (a)(1) of this section shall take effect within 15 days after the day on which the President proclaims the action, unless the President announces, on the date he decides to take such action, his intention to negotiate one or more agreements described in subsection (a)(3)(E) of this section in which case the action under subsection (a)(3)(A), (B), or (C) of this section shall be proclaimed and take effect within 90 days after the date of such decision.
(2) If the contingency set forth in subsection (c) of this section occurs, the President shall, within 30 days after the date of the enactment of the joint resolution referred to in such subsection, proclaim the action recommended by the Commission under
(e) Limitations on actions
(1)(A) Subject to subparagraph (B), the duration of the period in which an action taken under this section may be in effect shall not exceed 4 years. Such period shall include the period, if any, in which provisional relief under
(B)(i) Subject to clause (ii), the President, after receiving an affirmative determination from the Commission under
(I) the action continues to be necessary to prevent or remedy the serious injury; and
(II) there is evidence that the domestic industry is making a positive adjustment to import competition.
(ii) The effective period of any action under this section, including any extensions thereof, may not, in the aggregate, exceed 8 years.
(2) Action of a type described in subsection (a)(3)(A), (B), or (C) of this section may be taken under subsection (a)(1) of this section, under
(3) No action may be taken under this section which would increase a rate of duty to (or impose a rate) which is more than 50 percent ad valorem above the rate (if any) existing at the time the action is taken.
(4) Any action taken under this section proclaiming a quantitative restriction shall permit the importation of a quantity or value of the article which is not less than the average quantity or value of such article entered into the United States in the most recent 3 years that are representative of imports of such article and for which data are available, unless the President finds that the importation of a different quantity or value is clearly justified in order to prevent or remedy the serious injury.
(5) An action described in subsection (a)(3)(A), (B), or (C) of this section that has an effective period of more than 1 year shall be phased down at regular intervals during the period in which the action is in effect.
(6)(A) The suspension, pursuant to any action taken under this section, of—
(i) subheadings 9802.00.60 or 9802.00.80 of the Harmonized Tariff Schedule of the United States with respect to an article; and
(ii) the designation of any article as an eligible article for purposes of subchapter V of this chapter;
shall be treated as an increase in duty.
(B) No proclamation providing for a suspension referred to in subparagraph (A) with respect to any article may be made by the President, nor may any such suspension be recommended by the Commission under
(i) the application of subheading 9802.00.60 or subheading 9802.00.80 of the Harmonized Tariff Schedule of the United States; or
(ii) the designation of the article as an eligible article for the purposes of subchapter V of this chapter.
(7)(A) If an article was the subject of an action under subparagraph (A), (B), (C), or (E) of subsection (a)(3) of this section, no new action may be taken under any of those subparagraphs with respect to such article for—
(i) a period beginning on the date on which the previous action terminates that is equal to the period in which the previous action was in effect, or
(ii) a period of 2 years beginning on the date on which the previous action terminates,
whichever is greater.
(B) Notwithstanding subparagraph (A), if the previous action under subparagraph (A), (B), (C), or (E) of subsection (a)(3) of this section with respect to an article was in effect for a period of 180 days or less, the President may take a new action under any of those subparagraphs with respect to such article if—
(i) at least 1 year has elapsed since the previous action went into effect; and
(ii) an action described in any of those subparagraphs has not been taken with respect to such article more than twice in the 5-year period immediately preceding the date on which the new action with respect to such article first becomes effective.
(f) Certain agreements
(1) If the President takes action under this section other than the implemention 1 of agreements of the type described in subsection (a)(3)(E) of this section, the President may, after such action takes effect, negotiate agreements of the type described in subsection (a)(3)(E) of this section, and may, after such agreements take effect, suspend or terminate, in whole or in part, any action previously taken.
(2) If an agreement implemented under subsection (a)(3)(E) of this section is not effective, the President may, consistent with the limitations contained in subsection (e) of this section, take additional action under subsection (a) of this section.
(g) Regulations
(1) The President shall by regulation provide for the efficient and fair administration of all actions taken for the purpose of providing import relief under this part.
(2) In order to carry out an international agreement concluded under this part, the President may prescribe regulations governing the entry or withdrawal from warehouse of articles covered by such agreement. In addition, in order to carry out any agreement of the type described in subsection (a)(3)(E) of this section that is concluded under this part with one or more countries accounting for a major part of United States imports of the article covered by such agreement, including imports into a major geographic area of the United States, the President may issue regulations governing the entry or withdrawal from warehouse of like articles which are the product of countries not parties to such agreement.
(3) Regulations prescribed under this subsection shall, to the extent practicable and consistent with efficient and fair administration, insure against inequitable sharing of imports by a relatively small number of the larger importers.
(
References in Text
The Harmonized Tariff Schedule of the United States, referred to in subsec. (e)(6), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under
Amendments
1994—Subsec. (a)(2)(C).
Subsec. (a)(3)(E).
Subsec. (a)(4).
Subsec. (c).
Subsec. (d)(1).
Subsec. (e)(1).
"(1)(A) The duration of the period in which action taken under this section may be in effect shall not exceed 8 years.
"(B) If the initial effective period for action taken under this section is less than 8 years, the President may extend the effective period once, but the aggregate of the initial period and the extension may not exceed 8 years."
Subsec. (e)(2).
Subsec. (e)(4), (5).
"(4) Any action taken under this section proclaiming a quantitative restriction shall permit the importation of a quantity or value of the article which is not less than the quantity or value of such article imported into the United States during the most recent period that is representative of imports of such article.
"(5) To the extent feasible, an effective period of more than 3 years for an action described in subsection (a)(3)(A), (B), or (C) of this section shall be phased down during the period in which the action is taken, with the first reduction taking effect no later than the close of the day which is 3 years after the day on which such action first takes effect."
Subsec. (e)(6)(B).
Subsec. (e)(7).
Subsec. (f).
Subsec. (g)(2).
1988—
Subsec. (e)(6)(A)(i).
Subsec. (e)(6)(B).
Subsec. (e)(6)(B)(i).
1984—Subsec. (c)(1).
Subsec. (c)(2).
1979—Subsec. (a)(4).
Subsec. (b)(1).
Subsec. (b)(3).
Subsec. (c)(1).
Subsec. (e)(3).
Subsec. (g)(1).
Subsec. (g)(2).
Subsec. (h)(3).
Subsec. (h)(4).
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1988 Amendments
Amendment by
Amendment by section 1214(j)(2) of
Amendment by section 1401a of
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Steel Import Stabilization
Title VIII of
Limitation on Meat Imports
1 So in original. Probably should be "implementation".
§2254. Monitoring, modification, and termination of action
(a) Monitoring
(1) So long as any action taken under
(2) If the initial period during which the action taken under
(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
(b) Reduction, modification, and termination of action
(1) Action taken under
(A) after taking into account any report or advice submitted by the Commission under subsection (a) of this section 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
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
(3) Notwithstanding paragraph (1), the President may, after receipt of a Commission determination under
(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
(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
(d) Evaluation of effectiveness of action
(1) After any action taken under
(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
(e) Other provisions
(1) Action by the President under this part may be taken without regard to the provisions of
(2) If the Commission treats as the domestic industry production located in a major geographic area of the United States under
(
Amendments
1994—Subsec. (a)(2).
"(A) the 2nd-anniversary of the day on which the action under
"(B) the last day of each 2-year period occurring after the 2-year period referred to in subparagraph (A)."
Subsec. (a)(4).
Subsec. (b)(3).
Subsecs. (c) to (e).
1988—Subsecs. (c) to (e).
Effective Date of 1994 Amendment
Amendment by section 129(a)(7) of
Amendment by section 302(c), (d) of
Effective Date of 1988 Amendment
Amendment by
Effective Date
Section effective Aug. 23, 1988, and applicable with respect to investigations initiated under this part on or after that date, see section 1401(c) of
Part 2—Adjustment Assistance for Workers
Effective Date of 2010 Amendment
Termination Date of 2009 Amendment
"(a)
"(1)
"(2)
"(A) workers certified as eligible for trade adjustment assistance benefits under
"(B) firms certified as eligible for technical assistance or grants under
"(C) recipients approved for technical assistance or grants under
"(D) agricultural commodity producers certified as eligible for technical or financial assistance under
"(b)
"(1) section 245 of that Act [
"(2) section 246(b)(1) of that Act [
"(3) section 256(b) of that Act [
"(4) section 298(a) of that Act [
"(5) subject to subsection (a)(2), section 285 of that Act [set out below] shall be applied and administered—
"(A) in subsection (a), by substituting 'February 12, 2011' for 'December 31, 2007' each place it appears; and
"(B) by applying and administering subsection (b) as if it read as follows:
" '(b)
" '(1)
" '(A)
" '(B)
" '(i) to the extent funds are available pursuant to such chapter for such purpose; and
" '(ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance.
" '(2)
" '(A)
" '(B)
" '(i) to the extent funds are available pursuant to such chapter for such purpose; and
" '(ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance.'."
Effective Date of 2002 Amendment
"(a)
"(b)
"(1) was certified as eligible for trade adjustment assistance benefits under such chapter as in effect on such date; and
"(2) would otherwise be eligible to receive trade adjustment assistance benefits under such chapter as in effect on such date.
"(c)
"(1)
"(2)
"(d)
"(1)
"(2)
Termination Date
Section 285, formerly section 284, of
"(a)
"(1)
"(2)
"(A) certified as eligible for trade adjustment assistance benefits under
"(B) otherwise eligible to receive trade adjustment assistance benefits under
"(b)
"(1)
"(A)
"(B)
"(i) to the extent funds are available pursuant to such chapter for such purpose; and
"(ii) to the extent the recipient of the technical assistance or grant is otherwise eligible to receive such technical assistance or grant, as the case may be.
"(2)
"(A)
"(B)
"(i) to the extent funds are available pursuant to such chapter for such purpose; and
"(ii) to the extent the recipient of the technical or financial assistance is otherwise eligible to receive such technical or financial assistance, as the case may be.
"(3)
"(A)
"(B)
"(i) to the extent funds are available pursuant to such chapter for such purpose; and
"(ii) to the extent the recipient of the technical assistance or grant is otherwise eligible to receive such technical assistance or grant, as the case may be."
[Amendment to section 285 of
[
[(1) in subsec. (a), by substituting "February 12, 2011" for "December 31, 2007" wherever appearing; and
[(2) as if subsec. (b) read as follows:
["(b)
["(1)
["(A)
["(B)
["(i) to the extent funds are available pursuant to such chapter for such purpose; and
["(ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance.
["(2)
["(A)
["(B)
["(i) to the extent funds are available pursuant to such chapter for such purpose; and
["(ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance."]
[Amendment by section 1892(b) of
[Amendment by
[Amendment by
[Amendment by
[Parts 2 and 3 of this subchapter applicable as if amendments by sections 13007 and 13008 of
subpart a—petitions and determinations
§2271. Petitions
(a) Filing of petitions; assistance; publication of notice
(1) A petition for certification of eligibility to apply for adjustment assistance for a group of workers under this part may be filed simultaneously with the Secretary of Labor and with the Governor of the State in which such workers' firm (as defined in
(A) The group of workers.
(B) The certified or recognized union or other duly authorized representative of such workers.
(C) Employers of such workers, one-stop operators or one-stop partners (as defined in section 101 of the Workforce Investment Act of 1998 (
(2) Upon receipt of a petition filed under paragraph (1), the Governor shall—
(A) ensure that rapid response activities and appropriate core and intensive services (as described in section 134 of the Workforce Investment Act of 1998 (
(B) assist the Secretary in the review of the petition by verifying such information and providing such other assistance as the Secretary may request.
(3) Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register and on the website of the Department of Labor that the Secretary has received the petition and initiated an investigation.
(b) Hearing
If the petitioner, or any other person found by the Secretary to have a substantial interest in the proceedings, submits not later than 10 days after the date of the Secretary's publication under subsection (a) of this section 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.
(
Amendment of Section
For termination of amendment by section 1893 of
References in Text
The Workforce Investment Act of 1998, referred to in subsec. (a)(1)(C), is
Amendments
2009—Subsec. (a)(1).
Subsec. (a)(1)(A).
Subsec. (a)(2)(A).
Subsec. (a)(3).
2004—Subsec. (a)(2)(A).
2002—Subsec. (a).
1993—Subsec. (a).
1986—Subsec. (a).
Effective and Termination Dates of 2009 Amendment
"(a)
"(1) shall take effect upon the expiration of the 90-day period beginning on the date of the enactment of this Act [Feb. 17, 2009]; and
"(2) shall apply to—
"(A) petitions for certification filed under
"(B) petitions for assistance and proposals for grants filed under
"(b)
"(1) a worker shall continue to receive (or be eligible to receive) trade adjustment assistance and other benefits under subchapter B of
"(A) is certified as eligible for trade adjustment assistance benefits under such
"(B) would otherwise be eligible to receive trade adjustment assistance benefits under such chapter as in effect on the day before such effective date;
"(2) a worker shall continue to receive (or be eligible to receive) benefits under section 246(a)(2) of the Trade Act of 1974 [
"(A) is certified as eligible for benefits under such section 246 pursuant to a petition filed under section 221 of the Trade Act of 1974 on or before such effective date; and
"(B) would otherwise be eligible to receive benefits under such section 246(a)(2) as in effect on the day before such effective date; and
"(3) a firm shall continue to receive (or be eligible to receive) adjustment assistance under
"(A) is certified as eligible for benefits under such
"(B) would otherwise be eligible to receive benefits under such
Except as otherwise provided, amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1993 Amendment
"(a)
"(b)
"(1)
"(2)
"(A) whose last total or partial separation from a firm (or appropriate subdivision of a firm) occurs—
"(i) after the date of the enactment of this Act [Dec. 8, 1993], and
"(ii) before such date of entry into force, and
"(B) who would otherwise be eligible to receive assistance under subchapter D of
shall be eligible to receive such assistance in the same manner as if such separation occurred on or after such date of entry into force."
Termination Date
No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this section after Feb. 12, 2011, except as otherwise provided, see section 285 of
Determination of Increases of Imports for Certain Fishermen
"(1) is a fisherman or aquaculture producer, and
"(2) is otherwise eligible for adjustment assistance under
the increase in imports of articles like or directly competitive with the agricultural commodity produced by such producer may be based on imports of wild-caught seafood, farm-raised seafood, or both."
Declaration of Policy; Sense of Congress
"(a)
"(b)
§2272. Group eligibility requirements; agricultural workers; oil and natural gas industry
(a) In general
A group of workers shall be certified by the Secretary as eligible to apply for adjustment assistance under this part pursuant to a petition filed under
(1) a significant number or proportion of the workers in such workers' firm have become totally or partially separated, or are threatened to become totally or partially separated; and
(2)(A)(i) the sales or production, or both, of such firm have decreased absolutely;
(ii)(I) imports of articles or services like or directly competitive with articles produced or services supplied by such firm have increased;
(II) imports of articles like or directly competitive with articles—
(aa) into which one or more component parts produced by such firm are directly incorporated, or
(bb) which are produced directly using services supplied by such firm,
have increased; or
(III) imports of articles directly incorporating one or more component parts produced outside the United States that are like or directly competitive with imports of articles incorporating one or more component parts produced by such firm have increased; and
(iii) the increase in imports described in clause (ii) contributed importantly to such workers' separation or threat of separation and to the decline in the sales or production of such firm; or
(B)(i)(I) there has been a shift by such workers' firm to a foreign country in the production of articles or the supply of services like or directly competitive with articles which are produced or services which are supplied by such firm; or
(II) such workers' firm has acquired from a foreign country articles or services that are like or directly competitive with articles which are produced or services which are supplied by such firm; and
(ii) the shift described in clause (i)(I) or the acquisition of articles or services described in clause (i)(II) contributed importantly to such workers' separation or threat of separation.
(b) Adversely affected workers in public agencies
A group of workers in a public agency shall be certified by the Secretary as eligible to apply for adjustment assistance under this part pursuant to a petition filed under
(1) a significant number or proportion of the workers in the public agency have become totally or partially separated, or are threatened to become totally or partially separated;
(2) the public agency has acquired from a foreign country services like or directly competitive with services which are supplied by such agency; and
(3) the acquisition of services described in paragraph (2) contributed importantly to such workers' separation or threat of separation.
(c) Adversely affected secondary workers
A group of workers shall be certified by the Secretary as eligible to apply for trade adjustment assistance benefits under this part pursuant to a petition filed under
(1) a significant number or proportion of the workers in the workers' firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated;
(2) the workers' firm is a supplier or downstream producer to a firm that employed a group of workers who received a certification of eligibility under subsection (a) of this section, and such supply or production is related to the article or service that was the basis for such certification (as defined in subsection (d)(3) and (4) of this section); and
(3) either—
(A) the workers' firm is a supplier and the component parts it supplied to the firm described in paragraph (2) accounted for at least 20 percent of the production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm described in paragraph (2) contributed importantly to the workers' separation or threat of separation determined under paragraph (1).
(d) Definitions
For purposes of this section—
(1) The term "contributed importantly" means a cause which is important but not necessarily more important than any other cause.
(2)(A) Any firm that engages in exploration or drilling for oil or natural gas shall be considered to be a firm producing oil or natural gas.
(B) Any firm that engages in exploration or drilling for oil or natural gas, or otherwise produces oil or natural gas, shall be considered to be producing articles directly competitive with imports of oil and with imports of natural gas.
(3)
(A)
(B)
(4)
(5)
(e) Basis for Secretary's determinations
(1) In general
The Secretary shall, in determining whether to certify a group of workers under
(2) Additional information
The Secretary may seek additional information to determine whether to certify a group of workers under subsection (a), (b), or (c)—
(A) by contacting—
(i) officials or employees of the workers' firm;
(ii) officials of customers of the workers' firm;
(iii) officials of certified or recognized unions or other duly authorized representatives of the group of workers; or
(iv) one-stop operators or one-stop partners (as defined in
(B) by using other available sources of information.
(3) Verification of information
(A) Certification
The Secretary shall require a firm or customer to certify—
(i) all information obtained under paragraph (1) from the firm or customer (as the case may be) through questionnaires; and
(ii) all other information obtained under paragraph (1) from the firm or customer (as the case may be) on which the Secretary relies in making a determination under
(B) Use of subpoenas
The Secretary shall require the workers' firm or a customer of the workers' firm to provide information requested by the Secretary under paragraph (1) by subpoena pursuant to
(C) Protection of confidential information
The Secretary may not release information obtained under paragraph (1) that the Secretary considers to be confidential business information unless the firm or customer (as the case may be) submitting the confidential business information had notice, at the time of submission, that the information would be released by the Secretary, or the firm or customer (as the case may be) subsequently consents to the release of the information. Nothing in this subparagraph shall be construed to prohibit the Secretary from providing such confidential business information to a court in camera or to another party under a protective order issued by a court.
(f) Firms identified by the International Trade Commission
Notwithstanding any other provision of this part, a group of workers covered by a petition filed under
(1) the workers' firm is publicly identified by name by the International Trade Commission as a member of a domestic industry in an investigation resulting in—
(A) an affirmative determination of serious injury or threat thereof under
(B) an affirmative determination of market disruption or threat thereof under
(C) an affirmative final determination of material injury or threat thereof under
(2) the petition is filed during the one-year period beginning on the date on which—
(A) a summary of the report submitted to the President by the International Trade Commission under
(B) notice of an affirmative determination described in subparagraph (B) or (C) of paragraph (1) is published in the Federal Register; and
(3) the workers have become totally or partially separated from the workers' firm within—
(A) the one-year period described in paragraph (2); or
(B) notwithstanding
(
Amendment of Section
For termination of amendment by section 1893 of
Amendments
2009—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2)(A)(i).
Subsec. (a)(2)(A)(ii).
Subsec. (a)(2)(A)(iii).
Subsec. (a)(2)(B).
"(i) there has been a shift in production by such workers' firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision; and
"(ii)(I) the country to which the workers' firm has shifted production of the articles is a party to a free trade agreement with the United States;
"(II) the country to which the workers' firm has shifted production of the articles is a beneficiary country under the Andean Trade Preference Act, African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act; or
"(III) there has been or is likely to be an increase in imports of articles that are like or directly competitive with articles which are or were produced by such firm or subdivision."
See Effective and Termination Dates of 2009 Amendment note below.
Subsec. (b).
Subsec. (c).
Subsec. (c)(2).
Subsec. (c)(3).
Subsec. (d).
Subsec. (d)(2).
Subsec. (d)(3).
Subsec. (d)(4).
Subsec. (d)(5).
Subsecs. (e), (f).
2004—Subsec. (b).
2002—Subsec. (a).
"(1) that a significant number or proportion of the workers in such workers' firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated,
"(2) that sales or production, or both, of such firm or subdivision have decreased absolutely, and
"(3) that increases of imports of articles like or directly competitive with articles produced by such workers' firm or an appropriate subdivision thereof contributed importantly to such total or partial separation, or threat thereof, and to such decline in sales or production."
Subsec. (b).
Subsec. (c).
Subsec. (c)(3), (4).
1993—Subsec. (a).
1988—
Subsec. (a)(3).
1986—
1983—
Par. (3).
1981—
Effective and Termination Dates of 2009 Amendment
Except as otherwise provided and subject to certain applicability provisions, amendment by
Except as otherwise provided, amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1983 Amendment
Section 3(b) of
Effective Date of 1981 Amendment and Transition Provisions
Amendment by
Termination Date
No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this section after Feb. 12, 2011, except as otherwise provided, see section 285 of
Workers Covered by Certification Notwithstanding Other Law
Section 1421(a)(1)(B) of
"(i) is made with respect to a petition filed before the date that is 90 days after the date of enactment of this Act [Aug. 23, 1988], and
"(ii) would not have been made if the amendments made by subparagraph (A) [amending this section] had not been enacted into law,
shall apply to any worker whose most recent total or partial separation from the firm, or appropriate subdivision of the firm, described in section 222(a) of such Act [
§2273. Determinations by Secretary of Labor
(a) Certification of eligibility
As soon as possible after the date on which a petition is filed under
(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 before the worker's application under
(c) Publication of determination in Federal Register
Upon reaching a determination on a petition, the Secretary shall promptly publish a summary of the determination in the Federal Register and on the website of the Department of Labor, together with the Secretary's 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, that total or partial separations from such firm are no longer attributable to the conditions specified in
(e) Standards for investigations and determinations
(1) In general
The Secretary shall establish standards, including data requirements, for investigations of petitions filed under
(2) Consultations
Not less than 90 days before issuing a final rule with respect to the standards required under paragraph (1), the Secretary shall consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to such rule.
(
Amendment of Section
For termination of amendment by section 1893 of
Amendments
2009—Subsec. (b).
"(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 Effective and Termination Dates of 2009 Amendment note below.
Subsec. (c).
Subsec. (d).
Subsec. (e).
2002—Subsec. (a).
1993—Subsec. (a).
Effective and Termination Dates of 2009 Amendment
Except as otherwise provided and subject to certain applicability provisions, amendment by
Except as otherwise provided, amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by
Termination Date
No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this section after Feb. 12, 2011, except as otherwise provided, see section 285 of
§2274. Study and notifications regarding certain affirmative determinations; industry notification of assistance
(a) Study of domestic industry
Whenever the International Trade Commission (hereafter referred to in this part as the "Commission") begins an investigation under
(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 by the Secretary
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
(c) Notifications following affirmative global safeguard determinations
Upon making an affirmative determination under
(d) Notifications following affirmative bilateral or plurilateral safeguard determinations
(1) Notifications of determinations of market disruption
Upon making an affirmative determination under
(2) Notifications regarding trade agreement safeguards
Upon making an affirmative determination in a proceeding initiated under an applicable safeguard provision (other than a provision described in paragraph (3)) that is enacted to implement a trade agreement to which the United States is a party, the Commission shall promptly notify the Secretary of Labor and the Secretary of Commerce and, in the case of a determination with respect to an agricultural commodity, the Secretary of Agriculture, of the determination.
(3) Notifications regarding textile and apparel safeguards
Upon making an affirmative determination in a proceeding initiated under any safeguard provision relating to textile and apparel articles that is enacted to implement a trade agreement to which the United States is a party, the President shall promptly notify the Secretary of Labor and the Secretary of Commerce of the determination.
(e) Notifications following certain affirmative determinations under title VII of the Tariff Act of 1930
Upon making an affirmative determination under section 705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of 1930 (
(f) Industry notification of assistance
Upon receiving a notification of a determination under subsection (c), (d), or (e) with respect to a domestic industry—
(1) the Secretary of Labor shall—
(A) notify the representatives of the domestic industry affected by the determination, firms publicly identified by name during the course of the proceeding relating to the determination, and any certified or recognized union or, to the extent practicable, other duly authorized representative of workers employed by such representatives of the domestic industry, of—
(i) the allowances, training, employment services, and other benefits available under this part;
(ii) the manner in which to file a petition and apply for such benefits; and
(iii) the availability of assistance in filing such petitions;
(B) notify the Governor of each State in which one or more firms in the industry described in subparagraph (A) are located of the Commission's determination and the identity of the firms; and
(C) upon request, provide any assistance that is necessary to file a petition under
(2) the Secretary of Commerce shall—
(A) notify the representatives of the domestic industry affected by the determination and any firms publicly identified by name during the course of the proceeding relating to the determination of—
(i) the benefits available under part 3;
(ii) the manner in which to file a petition and apply for such benefits; and
(iii) the availability of assistance in filing such petitions; and
(B) upon request, provide any assistance that is necessary to file a petition under
(3) in the case of an affirmative determination based upon imports of an agricultural commodity, the Secretary of Agriculture shall—
(A) notify representatives of the domestic industry affected by the determination and any agricultural commodity producers publicly identified by name during the course of the proceeding relating to the determination of—
(i) the benefits available under part 6;
(ii) the manner in which to file a petition and apply for such benefits; and
(iii) the availability of assistance in filing such petitions; and
(B) upon request, provide any assistance that is necessary to file a petition under
(g) Representatives of the domestic industry
For purposes of subsection (f), the term "representatives of the domestic industry" means the persons that petitioned for relief in connection with—
(1) a proceeding under
(2) a proceeding under section 702(b) or 732(b) of the Tariff Act of 1930 (
(3) any safeguard investigation described in subsection (d)(2) or (d)(3).
(
Amendment of Section
For termination of amendment by section 1893 of
Amendments
2009—
Subsec. (a).
Subsec. (b).
Subsecs. (c) to (g).
1988—Subsec. (a).
Subsec. (b).
1981—Subsec. (c).
Effective and Termination Dates of 2009 Amendment
Except as otherwise provided and subject to certain applicability provisions, amendment by
Except as otherwise provided, amendment by
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1981 Amendment and Transition Provisions
Amendment by
Termination Date
No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this section after Feb. 12, 2011, except as otherwise provided, see section 285 of
1 So in original. Probably should be "1671a(b) and 1673a(b)".
§2275. Benefit information for workers
(a) The Secretary shall provide full information to workers about the benefit allowances, training, and other employment services available under this part and about the petition and application procedures, and the appropriate filing dates, for such allowances, training and services. The Secretary shall provide whatever assistance is necessary to enable groups of workers to prepare petitions or applications for program benefits. The Secretary shall make every effort to insure that cooperating State agencies fully comply with the agreements entered into under
(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.
(c) Upon issuing a certification under
(
Amendment of Section
For termination of amendment by section 1893 of
Amendments
2009—Subsec. (c).
2002—Subsec. (b).
1993—Subsec. (b).
1988—
Effective and Termination Dates of 2009 Amendment
Except as otherwise provided and subject to certain applicability provisions, amendment by
Except as otherwise provided, amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by
Effective Date and Transition Provisions
Section effective Aug. 13, 1981, with transition provisions applicable, see section 2514 of
Termination Date
No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this section after Feb. 12, 2011, except as otherwise provided, see section 285 of
subpart b—program benefits
Division I—Trade Readjustment Allowances
§2291. Qualifying requirements for workers
(a) Trade readjustment allowance conditions
Payment of a trade readjustment allowance shall be made to an adversely affected worker covered by a certification under subpart A of this part who files an application for such allowance for any week of unemployment which begins on or after the date of such certification, if the following conditions are met:
(1) Such worker's total or partial separation before the worker's application under this part occurred—
(A) on or after the date, as specified in the certification under which the worker is covered, on which total or partial separation began or threatened to begin in the adversely affected employment,
(B) before the expiration of the 2-year period beginning on the date on which the determination under
(C) before the termination date (if any) determined pursuant to
(2) Such worker had, in the 52-week period ending with the week in which such total or partial separation occurred, at least 26 weeks of employment at wages of $30 or more a week in adversely affected employment with a single firm, or, if data with respect to weeks of employment with a firm are not available, equivalent amounts of employment computed under regulations prescribed by the Secretary. For the purposes of this paragraph, any week in which such worker—
(A) is on employer-authorized leave for purposes of vacation, sickness, injury, maternity, or inactive duty or active duty military service for training,
(B) does not work because of a disability that is compensable under a workmen's compensation law or plan of a State or the United States,
(C) had his employment interrupted in order to serve as a full-time representative of a labor organization in such firm, or
(D) is on call-up for purposes of active duty in a reserve status in the Armed Forces of the United States, provided such active duty is "Federal service" as defined in
shall be treated as a week of employment at wages of $30 or more, but not more than 7 weeks, in case of weeks described in subparagraph (A) or (C), or both (and not more than 26 weeks, in the case of weeks described in subparagraph (B) or (D)), may be treated as weeks of employment under this sentence.
(3) Such worker—
(A) was entitled to (or would be entitled to if the worker applied therefor) unemployment insurance for a week within the benefit period (i) in which such total or partial separation took place, or (ii) which began (or would have begun) by reason of the filing of a claim for unemployment insurance by such worker after such total or partial separation;
(B) has exhausted all rights to any unemployment insurance, except additional compensation that is funded by a State and is not reimbursed from any Federal funds, to which the worker was entitled (or would be entitled if the worker applied therefor); and
(C) does not have an unexpired waiting period applicable to the worker for any such unemployment insurance.
(4) Such worker, with respect to such week of unemployment, would not be disqualified for extended compensation payable under the Federal-State Extended Unemployment Compensation Act of 1970 by reason of the work acceptance and job search requirements in section 202(a)(3) of such Act.
(5) Such worker—
(A)(i) is enrolled in a training program approved by the Secretary under
(ii) the enrollment required under clause (i) occurs no later than the latest of—
(I) in the case of a worker whose most recent total separation from adversely affected employment that meets the requirements of paragraphs (1) and (2) occurs after the date on which the Secretary issues a certification covering the worker, the last day of the 26th week after such total separation,
(II) in the case of a worker whose most recent total separation from adversely affected employment that meets the requirements of paragraphs (1) and (2) occurs before the date on which the Secretary issues a certification covering the worker, the last day of the 26th week after the date of such certification,
(III) 45 days after the date specified in subclause (I) or (II), as the case may be, if the Secretary determines there are extenuating circumstances that justify an extension in the enrollment period,
(IV) in the case of a worker who fails to enroll by the date required by subclause (I), (II), or (III), as the case may be, due to the failure to provide the worker with timely information regarding the date specified in such subclause, the last day of a period determined by the Secretary, or
(V) the last day of a period determined by the Secretary to be approved for enrollment after the termination of a waiver issued pursuant to subsection (c) of this section,
(B) has, after the date on which the worker became totally separated, or partially separated, from the adversely affected employment, completed a training program approved by the Secretary under
(C) has received a written statement under subsection (c)(1) of this section after the date described in subparagraph (B).
(b) Withholding of trade readjustment allowance pending beginning or resumption of participation in training program; period of applicability
If—
(1) the Secretary determines that—
(A) the adversely affected worker—
(i) has failed to begin participation in the training program the enrollment in which meets the requirement of subsection (a)(5) of this section, or
(ii) has ceased to participate in such training program before completing such training program, and
(B) there is no justifiable cause for such failure or cessation, or
(2) the certification made with respect to such worker under subsection (c)(1) of this section is revoked under subsection (c)(2) of this section,
no trade readjustment allowance may be paid to the adversely affected worker under this division for the week in which such failure, cessation, or revocation occurred, or any succeeding week, until the adversely affected worker begins or resumes participation in a training program approved under
(c) Waivers of training requirements
(1) Issuance of waivers
The Secretary may issue a written statement to an adversely affected worker waiving the requirement to be enrolled in training described in subsection (a)(5)(A) of this section if the Secretary determines that it is not feasible or appropriate for the worker, because of 1 or more of the following reasons:
(A) Recall
The worker has been notified that the worker will be recalled by the firm from which the separation occurred.
(B) Marketable skills
(i) In general
The worker possesses marketable skills for suitable employment (as determined pursuant to an assessment of the worker, which may include the profiling system under section 303(j) of the Social Security Act (
(ii) Marketable skills defined
For purposes of clause (i), the term "marketable skills" may include the possession of a postgraduate degree from an institution of higher education (as defined in
(C) Retirement
The worker is within 2 years of meeting all requirements for entitlement to either—
(i) old-age insurance benefits under title II of the Social Security Act (
(ii) a private pension sponsored by an employer or labor organization.
(D) Health
The worker is unable to participate in training due to the health of the worker, except that a waiver under this subparagraph shall not be construed to exempt a worker from requirements relating to the availability for work, active search for work, or refusal to accept work under Federal or State unemployment compensation laws.
(E) Enrollment unavailable
The first available enrollment date for the approved training of the worker is within 60 days after the date of the determination made under this paragraph, or, if later, there are extenuating circumstances for the delay in enrollment, as determined pursuant to guidelines issued by the Secretary.
(F) Training not available
Training approved by the Secretary is not reasonably available to the worker from either governmental agencies or private sources (which may include area career and technical education schools, as defined in
(2) Duration of waivers
(A) In general
Except as provided in paragraph (3)(B), a waiver issued under paragraph (1) shall be effective for not more than 6 months after the date on which the waiver is issued, unless the Secretary determines otherwise.
(B) Revocation
The Secretary shall revoke a waiver issued under paragraph (1) if the Secretary determines that the basis of a waiver is no longer applicable to the worker and shall notify the worker in writing of the revocation.
(3) Agreements under section 2311
(A) Issuance by cooperating States
An agreement under
(B) Review of waivers
An agreement under
(i) 3 months after the date on which the State issues the waiver; and
(ii) on a monthly basis thereafter.
(C) Submission of statements
An agreement under
(
Amendment of Section
For termination of amendment by section 1893 of
References in Text
The Federal-State Extended Unemployment Compensation Act of 1970, referred to in subsec. (a)(4), is title II of
The Social Security Act, referred to in subsec. (c)(1)(C)(i), is act Aug. 14, 1935, ch. 531,
Amendments
2009—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(1)(A).
Subsec. (a)(2).
Subsec. (a)(2)(A).
Subsec. (a)(2)(C).
Subsec. (a)(2)(D).
Subsec. (a)(3)(A).
Subsec. (a)(3)(B).
Subsec. (a)(3)(C).
Subsec. (a)(5)(A)(ii)(I), (II).
"(I) the last day of the 16th week after the worker's most recent total separation from adversely affected employment which meets the requirements of paragraphs (1) and (2),
"(II) the last day of the 8th week after the week in which the Secretary issues a certification covering the worker,".
See Effective and Termination Dates of 2009 Amendment note below.
Subsec. (a)(5)(A)(ii)(III).
Subsec. (a)(5)(A)(ii)(IV), (V).
Subsec. (b).
"(A) after the date that is 60 days after the date on which the petition that results in the certification that covers the worker is filed under
"(B) before the first week following the week in which such certification is made under subpart A of this part."
See Effective and Termination Dates of 2009 Amendment note below.
Subsec. (c)(1)(B).
Subsec. (c)(2)(A).
Subsec. (c)(3)(A).
Subsec. (c)(3)(B), (C).
2006—Subsec. (c)(1)(F).
2002—Subsec. (a)(3)(B).
Subsec. (a)(5)(A).
Subsec. (a)(5)(C).
Subsec. (c).
1992—Subsec. (a)(2).
1988—Subsec. (a)(5).
"(A) is enrolled in a job search program approved by the Secretary under
"(B) has, after the date on which the worker became totally separated, or partially separated, from the adversely affected employment, completed a job search program approved by the Secretary under
Subsec. (b).
Subsec. (c).
1986—Subsec. (a)(2).
Subsec. (a)(5).
Subsec. (c).
1981—
Effective and Termination Dates of 2009 Amendment
Except as otherwise provided and subject to certain applicability provisions, amendment by
Except as otherwise provided, amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1992 Amendment
Section 106(b) of
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1986 Amendment; Application of Gramm-Rudman
"(a)
"(b)
"(c)
"(d)
Effective Date of 1981 Amendment and Transition Provisions
"(a)(1) Except as provided in paragraph (2), this subtitle [enacting
"(2)(A) The amendments made by section 2501 [amending
"(B) The amendments made by sections 2503, 2504, 2505, and 2511 [amending this section,
"(C) The amendments made by sections 2506, 2507, and 2508 [amending
"(D)(i) Except as otherwise provided in clause (ii), the provisions of sections 233(d) and 236(a)(2) of the Trade Act of 1974 (as amended by this Act) [former subsec. (d), now (c), of
"(ii) In the case of any State the legislature of which—
"(I) does not meet in a session which begins after the date of the enactment of this Act [Aug. 13, 1981] and prior to September 1, 1982, and
"(II) if in session on the date of the enactment of this Act, does not remain in session for a period of at least 25 calendar days,
the date '1981' in clause (i) shall be deemed to be '1982'.
"(b) An adversely affected worker who is receiving or is entitled to receive payments of trade readjustment allowances under
"(1) with respect to weeks of unemployment beginning before October 1, 1981, payments of trade readjustment allowances determined under such
"(2) with respect to weeks of unemployment beginning after September 30, 1981, payments of trade readjustment allowances as determined under such
"(A) the number of weeks preceding the first week which begins after September 30, 1981, and which are within the period covered by the same certification under such
"(B) the number of weeks preceding such first week that are deductible under section 232(d) (as in effect before the amendments made by section 2504) [
except that the amount of trade readjustment allowances payable to an adversely affected worker under this paragraph shall be subject to adjustment on a week-to-week basis as may be required by section 232(b) [
Termination Date
No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this section after Feb. 12, 2011, except as otherwise provided, see section 285 of
§2292. Weekly amounts of readjustment allowance
(a) Formula
Subject to subsections (b), (c), and (d), the trade readjustment allowance payable to an adversely affected worker for a week of 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 worker's first exhaustion of unemployment insurance (as determined for purposes of
(1) any training allowance deductible under subsection (c) of this section; and
(2) income that is deductible from unemployment insurance under the disqualifying income provisions of the applicable State law or Federal unemployment insurance law, 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 worker's first exhaustion of unemployment insurance (as determined for purposes of
(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) of this section 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
(d) Election of trade readjustment allowance or unemployment insurance
Notwithstanding
(1) is entitled to receive unemployment insurance as a result of the establishment by the worker of a new benefit year under State law, based in whole or in part upon part-time or short-term employment in which the worker engaged after the worker's most recent total separation from adversely affected employment; and
(2) is otherwise entitled to a trade readjustment allowance.
(
Amendment of Section
For termination of amendment by section 1893 of
References in Text
This chapter, referred to in subsec. (c), was in the original "this Act", meaning
Amendments
2009—Subsec. (a).
Subsec. (a)(2).
Subsec. (d).
1988—Subsec. (b).
Subsec. (c).
1986—Subsec. (c).
1981—Subsec. (a).
Subsecs. (c), (d).
Subsec. (e).
Subsec. (f).
Effective and Termination Dates of 2009 Amendment
Except as otherwise provided and subject to certain applicability provisions, amendment by
Except as otherwise provided, amendment by
Effective Date of 1988 Amendment
Amendment by section 1423(b)(1) effective Aug. 23, 1988, and amendment by section 1423(b)(2) of
Effective Date of 1981 Amendment and Transition Provisions
Amendment by
Termination Date
No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this section after Feb. 12, 2011, except as otherwise provided, see section 285 of
Reference to Subsec. (d) Deemed Reference to (c)
Section 2504(b) of
§2293. Limitations on trade readjustment allowances
(a) Maximum allowance; deduction for unemployment insurance; additional payments for approved training periods
(1) The maximum amount of trade readjustment allowances payable with respect to the period covered by any certification to an adversely affected worker shall be the amount which is the product of 52 multiplied by the trade readjustment allowance payable to the worker for a week of total unemployment (as determined under
(2) A trade readjustment allowance under paragraph (1) shall not be paid for any week occurring after the close of the 104-week period (or, in the case of an adversely affected worker who requires a program of prerequisite education or remedial education (as described in
(A) within the period which is described in
(B) with respect to which the worker meets the requirements of
(3) Notwithstanding paragraph (1), in order to assist the adversely affected worker to complete a training program approved for the worker under
(A) follows the last week of entitlement to trade readjustment allowances otherwise payable under this part; or
(B) begins with the first week of such training, if such training begins after the last week described in subparagraph (A).
Payments for such additional weeks may be made only for weeks in such 91-week period during which the individual is participating in such training.
(b) Adjustments of amounts payable
Amounts payable to an adversely affected worker under this division shall be subject to such adjustment on a week-to-week basis as may be required by
(c) Special adjustments for benefit years ending with extended benefit periods
Notwithstanding any other provision of this chapter or other Federal law, if the benefit year of a worker ends within an extended benefit period, the number of weeks of extended benefits that such worker would, but for this subsection, be entitled to in that extended benefit period shall be reduced (but not below zero) by the number of weeks for which the worker was entitled, during such benefit year, to trade readjustment allowances under this division. For purposes of this paragraph, the terms "benefit year" and "extended benefit period" shall have the same respective meanings given to them in the Federal-State Extended Unemployment Compensation Act of 1970.
(d) Week during which worker received on-the-job training
No trade readjustment allowance shall be paid to a worker under this division for any week during which the worker is receiving on-the-job training.
(e) Workers treated as participating in training
For purposes of this part, a worker shall be treated as participating in training during any week which is part of a break in training that does not exceed 30 days if—
(1) the worker was participating in a training program approved under
(2) the break is provided under such training program.
(f) Additional weeks to complete training
Notwithstanding any other provision of this section, in order to assist an adversely affected worker to complete training approved for the worker under
(g) Special rule for calculating separation
Notwithstanding any other provision of this part, any period during which a judicial or administrative appeal is pending with respect to the denial by the Secretary of a petition under
(h) Special rule for justifiable cause
If the Secretary determines that there is justifiable cause, the Secretary may extend the period during which trade readjustment allowances are payable to an adversely affected worker under paragraphs (2) and (3) of subsection (a) (but not the maximum amounts of such allowances that are payable under this section).
(i) Special rule with respect to military service
(1) In general
Notwithstanding any other provision of this part, the Secretary may waive any requirement of this part that the Secretary determines is necessary to ensure that an adversely affected worker who is a member of a reserve component of the Armed Forces and serves a period of duty described in paragraph (2) is eligible to receive a trade readjustment allowance, training, and other benefits under this part in the same manner and to the same extent as if the worker had not served the period of duty.
(2) Period of duty described
An adversely affected worker serves a period of duty described in this paragraph if, before completing training under
(A) serves on active duty for a period of more than 30 days under a call or order to active duty of more than 30 days; or
(B) in the case of a member of the Army National Guard of the United States or Air National Guard of the United States, performs full-time National Guard duty under
(
Amendment of Section
For termination of amendment by section 1893 of
References in Text
This chapter, referred to in subsec. (c), was in the original "this Act", meaning
The Federal-State Extended Unemployment Compensation Act of 1970, referred to in subsec. (c), is title II of
Amendments
2009—Subsec. (a)(2).
Subsec. (a)(3).
Subsecs. (b) to (e).
Subsec. (f).
Subsecs. (g) to (i).
2002—Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (f).
Subsec. (g).
1999—Subsec. (a)(2).
1988—Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(3)(B).
Subsec. (f).
1986—Subsec. (a)(2).
Subsec. (e).
1984—Subsec. (a)(3).
"(A) follows the last week of entitlement to trade readjustment allowances otherwise payable under this part; or
"(B) begins with the first week of such training, if such training is approved after the last week described in subparagraph (A)."
for "Notwithstanding paragraph (1), in accordance with regulations prescribed by the Secretary, payments may be made as trade readjustment allowances for up to 26 additional weeks in the 26-week period following the last week of entitlement to trade readjustment allowances otherwise payable under this part in order to assist the adversely affected worker to complete training approved for the worker under
1981—Subsec. (a).
Subsec. (b).
Subsecs. (c), (d).
Effective and Termination Dates of 2009 Amendment
Except as otherwise provided and subject to certain applicability provisions, amendment by
Except as otherwise provided, amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by section 1423(c)(2) of
Effective Date of 1981 Amendment and Transition Provisions
Amendment by
Termination Date
No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this section after Feb. 12, 2011, except as otherwise provided, see section 285 of
Waiver of Certain Time Limitations
"(1) The provisions of subsections (a)(2) and (b) of section 233 of the Trade Act of 1974 [
"(2)(A) Any worker who is otherwise eligible for payment of a trade readjustment allowance under part I of subchapter B of
"(i) is enrolled in a training program approved by the Secretary under section 236(a) of such Act [
"(ii) has been unemployed continuously since the date on which the worker became totally separated from the adversely affected employment, not taking into account seasonal employment, odd jobs, or part-time, temporary employment.
"(B) If the Secretary of Labor determines that—
"(i) a worker—
"(I) has failed to begin participation in the training program the enrollment in which meets the requirement of subparagraph (A), or
"(II) has ceased to participate in such training program before completing such training program, and
"(ii) there is no justifiable cause for such failure or cessation,
no trade readjustment allowance may be paid to the worker under part I of subchapter B of
§2294. Application of State laws
(a) In general
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).
(b) Special rule with respect to State laws and regulations on good cause for waiver of time limits or late filing of claims
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.
(
Amendment of Section
For termination of amendment by section 1893 of
Amendments
2009—
Effective and Termination Dates of 2009 Amendment
Except as otherwise provided and subject to certain applicability provisions, amendment by
Except as otherwise provided, amendment by
Termination Date
No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this section after Feb. 12, 2011, except as otherwise provided, see section 285 of
Division II—Training, Other Employment Services, and Allowances
§2295. Employment and case management services
The Secretary shall make available, directly or through agreements with States under
(1) Comprehensive and specialized assessment of skill levels and service needs, including through—
(A) diagnostic testing and use of other assessment tools; and
(B) in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals.
(2) Development of an individual employment plan to identify employment goals and objectives, and appropriate training to achieve those goals and objectives.
(3) Information on training available in local and regional areas, information on individual counseling to determine which training is suitable training, and information on how to apply for such training.
(4) Information on how to apply for financial aid, including referring workers to educational opportunity centers described in section 402F of the Higher Education Act of 1965 (
(5) Short-term prevocational services, including development of learning skills, communications skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct to prepare individuals for employment or training.
(6) Individual career counseling, including job search and placement counseling, during the period in which the individual is receiving a trade adjustment allowance or training under this part, and after receiving such training for purposes of job placement.
(7) Provision of employment statistics information, including the provision of accurate information relating to local, regional, and national labor market areas, including—
(A) job vacancy listings in such labor market areas;
(B) information on jobs skills necessary to obtain jobs identified in job vacancy listings described in subparagraph (A);
(C) information relating to local occupations that are in demand and earnings potential of such occupations; and
(D) skills requirements for local occupations described in subparagraph (C).
(8) Information relating to the availability of supportive services, including services relating to child care, transportation, dependent care, housing assistance, and need-related payments that are necessary to enable an individual to participate in training.
(
Amendment of Section
For termination of amendment by section 1893 of
References in Text
The Higher Education Act of 1965, referred to in par. (4), is
Amendments
2009—
2002—
1988—
Effective and Termination Dates of 2009 Amendment
Except as otherwise provided and subject to certain applicability provisions, amendment by
Except as otherwise provided, amendment by
Effective Date of 2002 Amendment
Amendment by
Termination Date
No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this section after Feb. 12, 2011, except as otherwise provided, see section 285 of
§2295a. Funding for administrative expenses and employment and case management services
(a) Funding for administrative expenses and employment and case management services
(1) In general
In addition to any funds made available to a State to carry out
(2) Use of funds
A State that receives a payment under paragraph (1) shall—
(A) use not more than 2/3 of such payment for the administration of the trade adjustment assistance for workers program under this part, including for—
(i) processing waivers of training requirements under
(ii) collecting, validating, and reporting data required under this part; and
(iii) providing reemployment trade adjustment assistance under
(B) use not less than 1/3 of such payment for employment and case management services under
(b) Additional funding for employment and case management services
(1) In general
In addition to any funds made available to a State to carry out
(2) Use of funds
A State that receives a payment under paragraph (1) shall use such payment for the purpose of providing employment and case management services under
(3) Voluntary return of funds
A State that receives a payment under paragraph (1) may decline or otherwise return such payment to the Secretary.
(
Termination of Section
For termination of section by section 1893 of
Effective and Termination Dates
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
Except as otherwise provided, section not applicable on or after Feb. 13, 2011, and this section to be applied and administered beginning Feb. 13, 2011, as if this section had never been enacted, see section 1893 of
Termination Date
No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this section after Feb. 12, 2011, except as otherwise provided, see section 285 of
§2296. Training
(a) In general
(1) If the Secretary determines, with respect to an adversely affected worker or an adversely affected incumbent worker, that—
(A) there is no suitable employment (which may include technical and professional employment) available for an adversely affected worker,
(B) the worker would benefit from appropriate training,
(C) there is a reasonable expectation of employment following completion of such training,
(D) training approved by the Secretary is reasonably available to the worker from either governmental agencies or private sources (which may include area career and technical education schools, as defined in
(E) the worker is qualified to undertake and complete such training, and
(F) such training is suitable for the worker and available at a reasonable cost,
the Secretary shall approve such training for the worker. Upon such approval, the worker shall be entitled to have payment of the costs of such training (subject to the limitations imposed by this section) paid on the worker's behalf by the Secretary directly or through a voucher system.
(2)(A) The total amount of payments that may be made under paragraph (1) shall not exceed—
(i) $575,000,000 for fiscal year 2010; and
(ii) $66,500,000 for the 6-week period beginning January 1, 2011, and ending February 12, 2011.
(B)(i) The Secretary shall, as soon as practicable after the beginning of each fiscal year, make an initial distribution of the funds made available to carry out this section, in accordance with the requirements of subparagraph (C).
(ii) The Secretary shall ensure that not less than 90 percent of the funds made available to carry out this section for a fiscal year are distributed to the States by not later than July 15 of that fiscal year.
(C)(i) In making the initial distribution of funds pursuant to subparagraph (B)(i) for a fiscal year, the Secretary shall hold in reserve 35 percent of the funds made available to carry out this section for that fiscal year for additional distributions during the remainder of the fiscal year.
(ii) Subject to clause (iii), in determining how to apportion the initial distribution of funds pursuant to subparagraph (B)(i) in a fiscal year, the Secretary shall take into account, with respect to each State—
(I) the trend in the number of workers covered by certifications of eligibility under this part during the most recent 4 consecutive calendar quarters for which data are available;
(II) the trend in the number of workers participating in training under this section during the most recent 4 consecutive calendar quarters for which data are available;
(III) the number of workers estimated to be participating in training under this section during the fiscal year;
(IV) the amount of funding estimated to be necessary to provide training approved under this section to such workers during the fiscal year; and
(V) such other factors as the Secretary considers appropriate relating to the provision of training under this section.
(iii) In no case may the amount of the initial distribution to a State pursuant to subparagraph (B)(i) in a fiscal year be less than 25 percent of the initial distribution to the State in the preceding fiscal year.
(D) The Secretary shall establish procedures for the distribution of the funds that remain available for the fiscal year after the initial distribution required under subparagraph (B)(i). Such procedures may include the distribution of funds pursuant to requests submitted by States in need of such funds.
(E) If, during a fiscal year, the Secretary estimates that the amount of funds necessary to pay the costs of training approved under this section will exceed the dollar amount limitation specified in subparagraph (A), the Secretary shall decide how the amount of funds made available to carry out this section that have not been distributed at the time of the estimate will be apportioned among the States for the remainder of the fiscal year.
(3) For purposes of applying paragraph (1)(C), a reasonable expectation of employment does not require that employment opportunities for a worker be available, or offered, immediately upon the completion of training approved under paragraph (1).
(4)(A) If the costs of training an adversely affected worker or an adversely affected incumbent worker are paid by the Secretary under paragraph (1), no other payment for such costs may be made under any other provision of Federal law.
(B) No payment may be made under paragraph (1) of the costs of training an adversely affected worker or an adversely affected incumbent worker if such costs—
(i) have already been paid under any other provision of Federal law, or
(ii) are reimbursable under any other provision of Federal law and a portion of such costs have already been paid under such other provision of Federal law.
(C) The provisions of this paragraph shall not apply to, or take into account, any funds provided under any other provision of Federal law which are used for any purpose other than the direct payment of the costs incurred in training a particular adversely affected worker or adversely affected incumbent worker, even if such use has the effect of indirectly paying or reducing any portion of the costs involved in training the adversely affected worker or adversely affected incumbent worker.
(5) Except as provided in paragraph (10), the training programs that may be approved under paragraph (1) include, but are not limited to—
(A) employer-based training, including—
(i) on-the-job training,
(ii) customized training, and
(iii) apprenticeship programs registered under the Act of August 16, 1937 (commonly known as the "National Apprenticeship Act";
(B) any training program provided by a State pursuant to title I of the Workforce Investment Act of 1998 [
(C) any training program approved by a private industry council established under section 102 of such Act,
(D) any program of remedial education,
(E) any program of prerequisite education or coursework required to enroll in training that may be approved under this section,
(F) any training program (other than a training program described in paragraph (7)) for which all, or any portion, of the costs of training the worker are paid—
(i) under any Federal or State program other than this chapter, or
(ii) from any source other than this section,
(G) any other training program approved by the Secretary, and
(H) any training program or coursework at an accredited institution of higher education (described in
(i) obtaining a degree or certification; or
(ii) completing a degree or certification that the worker had previously begun at an accredited institution of higher education.
The Secretary may not limit approval of a training program under paragraph (1) to a program provided pursuant to title I of the Workforce Investment Act of 1998 (
(6)(A) The Secretary is not required under paragraph (1) to pay the costs of any training approved under paragraph (1) to the extent that such costs are paid—
(i) under any Federal or State program other than this part, or
(ii) from any source other than this section.
(B) Before approving any training to which subparagraph (A) may apply, the Secretary may require that the adversely affected worker or adversely affected incumbent worker enter into an agreement with the Secretary under which the Secretary will not be required to pay under this section the portion of the costs of such training that the worker has reason to believe will be paid under the program, or by the source, described in clause (i) or (ii) of subparagraph (A).
(7) The Secretary shall not approve a training program if—
(A) all or a portion of the costs of such training program are paid under any nongovernmental plan or program,
(B) the adversely affected worker or adversely affected incumbent worker has a right to obtain training or funds for training under such plan or program, and
(C) such plan or program requires the worker to reimburse the plan or program from funds provided under this part, or from wages paid under such training program, for any portion of the costs of such training program paid under the plan or program.
(8) The Secretary may approve training for any adversely affected worker who is a member of a group certified under subpart A of this part at any time after the date on which the group is certified under subpart A of this part, without regard to whether such worker has exhausted all rights to any unemployment insurance to which the worker is entitled.
(9)(A) Subject to subparagraph (B), the Secretary shall prescribe regulations which set forth the criteria under each of the subparagraphs of paragraph (1) that will be used as the basis for making determinations under paragraph (1).
(B)(i) In determining under paragraph (1)(E) whether a worker is qualified to undertake and complete training, the Secretary may approve training for a period longer than the worker's period of eligibility for trade readjustment allowances under division I if the worker demonstrates a financial ability to complete the training after the expiration of the worker's period of eligibility for such trade readjustment allowances.
(ii) In determining the reasonable cost of training under paragraph (1)(F) with respect to a worker, the Secretary may consider whether other public or private funds are reasonably available to the worker, except that the Secretary may not require a worker to obtain such funds as a condition of approval of training under paragraph (1).
(10) In the case of an adversely affected incumbent worker, the Secretary may not approve—
(A) on-the-job training under paragraph (5)(A)(i); or
(B) customized training under paragraph (5)(A)(ii), unless such training is for a position other than the worker's adversely affected employment.
(11) If the Secretary determines that an adversely affected incumbent worker for whom the Secretary approved training under this section is no longer threatened with a total or partial separation, the Secretary shall terminate the approval of such training.
(b) Supplemental assistance
The Secretary may, where appropriate, authorize supplemental assistance necessary to defray reasonable transportation and subsistence expenses for separate maintenance when training is provided in facilities which are not within commuting distance of a worker's regular place of residence. The Secretary may not authorize—
(1) payments for subsistence that exceed whichever is the lesser of (A) the actual per diem expenses for subsistence, or (B) payments at 50 percent of the prevailing per diem allowance rate authorized under the Federal travel regulations, or
(2) payments for travel expenses exceeding the prevailing mileage rate authorized under the Federal travel regulations.
(c) On-the-job training requirements
(1) In general
The Secretary may approve on-the-job training for any adversely affected worker if—
(A) the worker meets the requirements for training to be approved under subsection (a)(1);
(B) the Secretary determines that on-the-job training—
(i) can reasonably be expected to lead to suitable employment with the employer offering the on-the-job training;
(ii) is compatible with the skills of the worker;
(iii) includes a curriculum through which the worker will gain the knowledge or skills to become proficient in the job for which the worker is being trained; and
(iv) can be measured by benchmarks that indicate that the worker is gaining such knowledge or skills; and
(C) the State determines that the on-the-job training program meets the requirements of clauses (iii) and (iv) of subparagraph (B).
(2) Monthly payments
The Secretary shall pay the costs of on-the-job training approved under paragraph (1) in monthly installments.
(3) Contracts for on-the-job training
(A) In general
The Secretary shall ensure, in entering into a contract with an employer to provide on-the-job training to a worker under this subsection, that the skill requirements of the job for which the worker is being trained, the academic and occupational skill level of the worker, and the work experience of the worker are taken into consideration.
(B) Term of contract
Training under any such contract shall be limited to the period of time required for the worker receiving on-the-job training to become proficient in the job for which the worker is being trained, but may not exceed 104 weeks in any case.
(4) Exclusion of certain employers
The Secretary shall not enter into a contract for on-the-job training with an employer that exhibits a pattern of failing to provide workers receiving on-the-job training from the employer with—
(A) continued, long-term employment as regular employees; and
(B) wages, benefits, and working conditions that are equivalent to the wages, benefits, and working conditions provided to regular employees who have worked a similar period of time and are doing the same type of work as workers receiving on-the-job training from the employer.
(5) Labor standards
The Secretary may pay the costs of on-the-job training, notwithstanding any other provision of this section, only if—
(A) no currently employed worker is displaced by such adversely affected worker (including partial displacement such as a reduction in the hours of nonovertime work, wages, or employment benefits),
(B) such training does not impair existing contracts for services or collective bargaining agreements,
(C) in the case of training which would be inconsistent with the terms of a collective bargaining agreement, the written concurrence of the labor organization concerned has been obtained,
(D) no other individual is on layoff from the same, or any substantially equivalent, job for which such adversely affected worker is being trained,
(E) the employer has not terminated the employment of any regular employee or otherwise reduced the workforce of the employer with the intention of filling the vacancy so created by hiring such adversely affected worker,
(F) the job for which such adversely affected worker is being trained is not being created in a promotional line that will infringe in any way upon the promotional opportunities of currently employed individuals,
(G) such training is not for the same occupation from which the worker was separated and with respect to which such worker's group was certified pursuant to
(H) the employer is provided reimbursement of not more than 50 percent of the wage rate of the participant, for the cost of providing the training and additional supervision related to the training,
(I) the employer has not received payment under subsection (a)(1) of this section with respect to any other on-the-job training provided by such employer which failed to meet the requirements of subparagraphs (A), (B), (C), (D), (E), and (F), and
(J) the employer has not taken, at any time, any action which violated the terms of any certification described in subparagraph (H) made by such employer with respect to any other on-the-job training provided by such employer for which the Secretary has made a payment under subsection (a)(1) of this section.
(d) Eligibility
An adversely affected worker may not be determined to be ineligible or disqualified for unemployment insurance or program benefits under this subpart—
(1) because the worker—
(A) is enrolled in training approved under subsection (a);
(B) left work—
(i) that was not suitable employment in order to enroll in such training; or
(ii) that the worker engaged in on a temporary basis during a break in such training or a delay in the commencement of such training; or
(C) left on-the-job training not later than 30 days after commencing such training because the training did not meet the requirements of subsection (c)(1)(B); or
(2) because of the application to any such week in training of the provisions of State law or Federal unemployment insurance law relating to availability for work, active search for work, or refusal to accept work.
(e) "Suitable employment" defined
For purposes of this section the term "suitable employment" means, with respect to a worker, work of a substantially equal or higher skill level than the worker's past adversely affected employment, and wages for such work at not less than 80 percent of the worker's average weekly wage.
(f) "Customized training" defined
For purposes of this section, the term "customized training" means training that is—
(1) designed to meet the special requirements of an employer or group of employers;
(2) conducted with a commitment by the employer or group of employers to employ an individual upon successful completion of the training; and
(3) for which the employer pays for a significant portion (but in no case less than 50 percent) of the cost of such training, as determined by the Secretary.
(g) Regulations with respect to apportionment of training funds to States
(1) In general
Not later than 1 year after February 17, 2009, the Secretary shall issue such regulations as may be necessary to carry out the provisions of subsection (a)(2).
(2) Consultations
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 90 days before issuing any regulation pursuant to paragraph (1).
(h) Part-time training
(1) In general
The Secretary may approve full-time or part-time training for a worker under subsection (a).
(2) Limitation
Notwithstanding paragraph (1), a worker participating in part-time training approved under subsection (a) may not receive a trade readjustment allowance under
(
Amendment of Section
For termination of amendment by section 1893 of
References in Text
The Workforce Investment Act of 1998, referred to in subsec. (a)(5), is
The Act of August 16, 1937, referred to in subsec. (a)(5)(A)(iii), is act Aug. 16, 1937, ch. 663,
Section 102 of such Act, referred to in subsec. (a)(5)(C), meaning section 102 of the Job Training Partnership Act, was classified to
Amendments
2010—Subsec. (a)(2)(A).
"(i) for each of the fiscal years 2009 and 2010, $575,000,000; and
"(ii) for the period beginning October 1, 2010, and ending December 31, 2010, $143,750,000."
2009—Subsec. (a)(1).
Subsec. (a)(2).
"(A) The total amount of payments that may be made under paragraph (1) for any fiscal year shall not exceed $220,000,000.
"(B) If, during any fiscal year, the Secretary estimates that the amount of funds necessary to pay the costs of training approved under this section will exceed the amount of the limitation imposed under subparagraph (A), the Secretary shall decide how the portion of such limitation that has not been expended at the time of such estimate is to be apportioned among the States for the remainder of such fiscal year."
See Effective and Termination Dates of 2009 Amendment note below.
Subsec. (a)(3).
Subsec. (a)(4)(A), (B).
Subsec. (a)(4)(C).
Subsec. (a)(5).
Subsec. (a)(5)(A)(iii).
Subsec. (a)(5)(E) to (H).
Subsec. (a)(6)(B), (7)(B).
Subsec. (a)(9).
Subsec. (a)(10), (11).
Subsec. (b)(2).
Subsec. (c).
Subsec. (d).
Subsecs. (g), (h).
2006—Subsec. (a)(1)(D).
2002—Subsec. (a)(2)(A).
Subsec. (a)(5)(A).
Subsec. (c)(8).
Subsec. (f).
1998—Subsec. (a)(5)(B).
1993—Subsec. (a)(2)(A).
1988—Subsec. (a)(1).
Subsec. (a)(1)(D).
Subsec. (a)(1)(F).
Subsec. (a)(2).
Subsec. (a)(2)(A).
Subsec. (a)(3), (4).
Subsec. (a)(5).
Subsec. (a)(6).
Subsec. (a)(6)(B).
Subsec. (a)(7) to (9).
Subsec. (c).
Subsecs. (d) to (f).
1986—Subsec. (a)(1).
Subsec. (a)(1)(A).
Subsec. (a)(2) to (4).
Subsec. (d).
Subsec. (e).
Subsec. (f).
1981—Subsec. (a).
Subsec. (b).
Effective Date of 2010 Amendment
Amendment by
Effective and Termination Dates of 2009 Amendment
"(1) subparagraph (A) of section 236(a)(2) of the Trade Act of 1974 [
"(2) subparagraphs (B), (C), and (D) of such section 236(a)(2) [
Except as otherwise provided and subject to certain applicability provisions, amendment by
Except as otherwise provided, amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1998 Amendment
Amendment by section 101(f) [title VIII, §405(d)(14)(A)] of
Effective Date of 1988 Amendments
Amendment by
Amendment by section 1424(c)(2), (3) of
Effective Date of 1981 Amendment and Transition Provisions
Amendment by
Termination Date
No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this section after Feb. 12, 2011, except as otherwise provided, see section 285 of
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec. (d) relating to submitting a quarterly report to Congress on funds for training under subsec. (a), see section 3003 of
1 So in original. Probably should be followed by a comma.
§2297. Job search allowances
(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 worker's last total separation; or
(ii) the date that is the 182d day after the date on which the worker concluded training.
(b) Amount of allowance
(1) In general
An allowance granted under subsection (a) of this section shall provide reimbursement to the worker of all necessary job search expenses as prescribed by the Secretary in regulations.
(2) Maximum allowance
Reimbursement under this subsection may not exceed $1,500 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) of this section, 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.
(
Amendment of Section
For termination of amendment by section 1893 of
Amendments
2009—Subsec. (a)(2)(C)(ii).
Subsec. (b)(1).
Subsec. (b)(2).
2002—
1986—Subsec. (c).
1984—Subsec. (a)(1).
1981—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(3).
Effective and Termination Dates of 2009 Amendment
Except as otherwise provided and subject to certain applicability provisions, amendment by
Except as otherwise provided, amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1981 Amendment and Transition Provisions
Amendment by
Termination Date
No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this section after Feb. 12, 2011, except as otherwise provided, see section 285 of
§2298. Relocation allowances
(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 worker's last total separation; or
(ii) the date that is the 182d day after the date on which the worker concluded training.
(b) Amount of allowance
The relocation allowance granted to a worker under subsection (a) of this section includes—
(1) all 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 worker's family, and household effects; and
(2) a lump sum equivalent to 3 times the worker's average weekly wage, up to a maximum payment of $1,500.
(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.
(
Amendment of Section
For termination of amendment by section 1893 of
Amendments
2009—Subsec. (a)(2)(E)(ii).
Subsec. (b)(1).
Subsec. (b)(2).
2004—Subsec. (b)(1).
2002—
1984—Subsec. (d)(2).
1981—Subsec. (a).
Subsec. (b)(3).
Subsec. (c).
Subsec. (d)(1).
Subsec. (d)(2).
Effective and Termination Dates of 2009 Amendment
Except as otherwise provided and subject to certain applicability provisions, amendment by
Except as otherwise provided, amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1981 Amendment and Transition Provisions
Amendment by
Termination Date
No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this section after Feb. 12, 2011, except as otherwise provided, see section 285 of
subpart c—general provisions
§2311. Agreements with States
(a) Authority of Secretary to enter into agreements
The Secretary is authorized on behalf of the United States to enter into an agreement with any State, or with any State agency (referred to in this subpart as "cooperating States" and "cooperating States agencies" respectively). Under such an agreement, the cooperating State agency (1) as agent of the United States, shall receive applications for, and shall provide, payments on the basis provided in this part, (2) in accordance with subsection (f), shall make available to adversely affected workers and adversely affected incumbent workers covered by a certification under subpart A the employment and case management services described in
(b) Amendment, suspension, and termination of agreements
Each agreement under this subpart shall provide the terms and conditions upon which the agreement may be amended, suspended, or terminated.
(c) Form and manner of data
Each agreement under this subpart shall—
(1) provide the Secretary with the authority to collect any data the Secretary determines necessary to meet the requirements of this part; and
(2) specify the form and manner in which any such data requested by the Secretary shall be reported.
(d) Unemployment insurance
Each agreement under this subpart shall provide that unemployment insurance otherwise payable to any adversely affected worker will not be denied or reduced for any week by reason of any right to payments under this part.
(e) Review
A determination by a cooperating State agency with respect to entitlement to program benefits under an agreement is subject to review in the same manner and to the same extent as determinations under the applicable State law and only in that manner and to that extent.
(f) Coordination of benefits and assistance
Any agreement entered into under this section shall provide for the coordination of the administration of the provisions for employment services, training, and supplemental assistance under
(g) Advising and interviewing adversely affected workers
Each cooperating State agency shall, in carrying out subsection (a)(2) of this section—
(1) advise each worker who applies for unemployment insurance of the benefits under this part and the procedures and deadlines for applying for such benefits,
(2) facilitate the early filing of petitions under
(3) advise each adversely affected worker to apply for training under
(4) perform outreach to, intake of, and orientation for adversely affected workers and adversely affected incumbent workers covered by a certification under subpart A with respect to assistance and benefits available under this part, and
(5) make employment and case management services described in
(h) Submission of information for coordination of workforce investment activities
In order to promote the coordination of workforce investment activities in each State with activities carried out under this part, any agreement entered into under this section shall provide that the State shall submit to the Secretary, in such form as the Secretary may require, the description and information described in paragraphs (8) and (14) of section 112(b) of the Workforce Investment Act of 1998 (
(i) Control measures
(1) In general
The Secretary shall require each cooperating State and cooperating State agency to implement effective control measures and to effectively oversee the operation and administration of the trade adjustment assistance program under this part, including by means of monitoring the operation of control measures to improve the accuracy and timeliness of the data being collected and reported.
(2) Definition
For purposes of paragraph (1), the term "control measures" means measures that—
(A) are internal to a system used by a State to collect data; and
(B) are designed to ensure the accuracy and verifiability of such data.
(j) Data reporting
(1) In general
Any agreement entered into under this section shall require the cooperating State or cooperating State agency to report to the Secretary on a quarterly basis comprehensive performance accountability data, to consist of—
(A) the core indicators of performance described in paragraph (2)(A);
(B) the additional indicators of performance described in paragraph (2)(B), if any; and
(C) a description of efforts made to improve outcomes for workers under the trade adjustment assistance program.
(2) Core indicators described
(A) In general
The core indicators of performance described in this paragraph are—
(i) the percentage of workers receiving benefits under this part who are employed during the second calendar quarter following the calendar quarter in which the workers cease receiving such benefits;
(ii) the percentage of such workers who are employed in each of the third and fourth calendar quarters following the calendar quarter in which the workers cease receiving such benefits; and
(iii) the earnings of such workers in each of the third and fourth calendar quarters following the calendar quarter in which the workers cease receiving such benefits.
(B) Additional indicators
The Secretary and a cooperating State or cooperating State agency may agree upon additional indicators of performance for the trade adjustment assistance program under this part, as appropriate.
(3) Standards with respect to reliability of data
In preparing the quarterly report required by paragraph (1), each cooperating State or cooperating State agency shall establish procedures that are consistent with guidelines to be issued by the Secretary to ensure that the data reported are valid and reliable.
(k) Verification of eligibility for program benefits
(1) In general
An agreement under this subpart shall provide that the State shall periodically redetermine that a worker receiving benefits under this subpart who is not a citizen or national of the United States remains in a satisfactory immigration status. Once satisfactory immigration status has been initially verified through the immigration status verification system described in
(2) Procedures
The Secretary shall establish procedures to ensure the uniform application by the States of the requirements of this subsection.
(
Amendment of Section
For termination of amendment by section 1893 of
References in Text
The Workforce Investment Act of 1998, referred to in subsec. (f), is
Codification
Section is comprised of subsecs. (a) to (k) of section 239 of
Amendment by section 1852(b)(1) of
Amendment by section 1424(d)(1)(B) of
Amendments
2009—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3), (4).
Subsecs. (c) to (f).
Subsec. (g).
Subsec. (g)(3).
Subsec. (g)(4).
Subsec. (g)(5).
Subsec. (h).
Subsecs. (i) to (k).
1998—Subsec. (e).
Subsec. (g).
1988—Subsec. (a)(3).
Subsec. (e).
"(1) the employment service agency of such State,
"(2) any State agency carrying out title III of the Job Training Partnership Act [
"(3) any other State or local agency administering job training or related programs."
See Codification note above.
Subsec. (f).
"(1) advise each adversely affected worker to apply for training under
"(2) within 60 days after application for training is made by the worker, interview the adversely affected worker regarding suitable training opportunities available to the worker under
1986—Subsec. (a).
Subsecs. (e), (f).
1981—Subsec. (a).
Effective and Termination Dates of 2009 Amendment
Except as otherwise provided and subject to certain applicability provisions, amendment by
Except as otherwise provided, amendment by
Effective Date of 1998 Amendment
Amendment by section 101(f) [title VIII, §405(d)(14)(B)] of
Effective Date of 1988 Amendment
Amendment by section 1424(d)(1)(B), (2) of
Effective Date of 1986 Amendment
Amendment by section 13003(a) of
Effective Date of 1981 Amendment and Transition Provisions
Amendment by
Termination Date
No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this section after Feb. 12, 2011, except as otherwise provided, see section 285 of
1 See References in Text note below.
§2312. Administration absent State agreement
(a) Promulgation of regulations; fair hearing
In any State where there is no agreement in force between a State or its agency under
(b) Review of final determination
A final determination under subsection (a) of this section 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
(
Termination Date
No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this section after Feb. 12, 2011, except as otherwise provided, see section 285 of
§2313. Payments to States
(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.
(
Amendments
1981—Subsec. (a).
Subsec. (b).
Effective Date of 1981 Amendment and Transition Provisions
Amendment by
Termination Date
No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this section after Feb. 12, 2011, except as otherwise provided, see section 285 of
§2314. Liabilities of certifying and disbursing officers
(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) of this section.
(
Termination Date
No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this section after Feb. 12, 2011, except as otherwise provided, see section 285 of
§2315. Fraud and recovery of overpayments
(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) of this section, 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 shall waive such repayment if such agency or the Secretary determines that—
(A) the payment was made without fault on the part of such individual, and
(B) requiring such repayment would cause a financial hardship for the individual (or the individual's 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).
(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) of this section 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.
(
Amendment of Section
For termination of amendment by section 1893 of
Amendments
2009—Subsec. (a)(1).
Subsec. (a)(1)(B).
1981—Subsec. (a).
Subsec. (b).
Subsecs. (c), (d).
Effective and Termination Dates of 2009 Amendment
Except as otherwise provided and subject to certain applicability provisions, amendment by
Except as otherwise provided, amendment by
Effective Date of 1981 Amendment and Transition Provisions
Amendment by
Termination Date
No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this section after Feb. 12, 2011, except as otherwise provided, see section 285 of
§2316. Penalties
Any person who—
(1) 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 that person or for any other person any payment authorized to be furnished under this part or pursuant to an agreement under
(2) makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, when providing information to the Secretary during an investigation of a petition under
shall be imprisoned for not more than one year, or fined under title 18, or both.
(
Amendment of Section
For termination of amendment by section 1893 of
Amendments
2009—
Effective and Termination Dates of 2009 Amendment
Except as otherwise provided and subject to certain applicability provisions, amendment by
Except as otherwise provided, amendment by
Termination Date
No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this section after Feb. 12, 2011, except as otherwise provided, see section 285 of
§2317. Authorization of appropriations
(a) In general
There are authorized to be appropriated to the Department of Labor, for the period beginning October 1, 2001, and ending February 12, 2011, 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
(
Amendment of Section
For termination of amendment by section 1893 of
Amendments
2010—Subsec. (a).
2009—Subsec. (a).
2007—Subsec. (a).
2006—Subsec. (a).
2002—Subsec. (a).
Subsec. (b).
1999—Subsecs. (a), (b).
1998—Subsec. (a).
Subsec. (b).
1993—
1988—
1986—
1983—
1981—
Effective Date of 2010 Amendment
Amendment by
Effective and Termination Dates of 2009 Amendment
Except as otherwise provided and subject to certain applicability provisions, amendment by
Except as otherwise provided, amendment by
Effective Date of 2007 Amendment
Effective Date of 2006 Amendment
Amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1999 Amendment
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1986 Amendment
Parts 2 and 3 of this subchapter applicable as if the amendment of this section by
Effective Date of 1981 Amendment and Transition Provisions
Amendment by
Termination Date
No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this section after Feb. 12, 2011, except as otherwise provided, see section 285 of
§2318. Reemployment trade adjustment assistance program
(a) In general
(1) Establishment
The Secretary shall establish a reemployment trade adjustment assistance program that provides the benefits described in paragraph (2).
(2) Benefits
(A) Payments
A State shall use the funds provided to the State under
(i) the wages received by the worker at the time of separation; and
(ii) the wages received by the worker from reemployment.
(B) Health insurance
A worker described in paragraph (3)(B) participating in the program established under paragraph (1) is eligible to receive, for the eligibility period under subparagraph (A) or (B) of paragraph (4) (as the case may be), a credit for health insurance costs under
(C) Training and other services
A worker described in paragraph (3)(B) participating in the program established under paragraph (1) is eligible to receive training approved under
(3) Eligibility
(A) In general
A group of workers certified under subpart A as eligible for adjustment assistance under subpart A is eligible for benefits described in paragraph (2) under the program established under paragraph (1).
(B) Individual eligibility
A worker in a group of workers described in subparagraph (A) may elect to receive benefits described in paragraph (2) under the program established under paragraph (1) if the worker—
(i) is at least 50 years of age;
(ii) earns not more than $55,000 each year in wages from reemployment;
(iii)(I) is employed on a full-time basis as defined by the law of the State in which the worker is employed and is not enrolled in a training program approved under
(II) is employed at least 20 hours per week and is enrolled in a training program approved under
(iv) is not employed at the firm from which the worker was separated.
(4) Eligibility period for payments
(A) Worker who has not received trade readjustment allowance
In the case of a worker described in paragraph (3)(B) who has not received a trade readjustment allowance under division I of subpart B pursuant to the certification described in paragraph (3)(A), the worker may receive benefits described in paragraph (2) for a period not to exceed 2 years beginning on the earlier of—
(i) the date on which the worker exhausts all rights to unemployment insurance based on the separation of the worker from the adversely affected employment that is the basis of the certification; or
(ii) the date on which the worker obtains reemployment described in paragraph (3)(B).
(B) Worker who has received trade readjustment allowance
In the case of a worker described in paragraph (3)(B) who has received a trade readjustment allowance under division I of subpart B pursuant to the certification described in paragraph (3)(A), the worker may receive benefits described in paragraph (2) for a period of 104 weeks beginning on the date on which the worker obtains reemployment described in paragraph (3)(B), reduced by the total number of weeks for which the worker received such trade readjustment allowance.
(5) Total amount of payments
(A) In general
The payments described in paragraph (2)(A) made to a worker may not exceed—
(i) $12,000 per worker during the eligibility period under paragraph (4)(A); or
(ii) the amount described in subparagraph (B) per worker during the eligibility period under paragraph (4)(B).
(B) Amount described
The amount described in this subparagraph is the amount equal to the product of—
(i) $12,000, and
(ii) the ratio of—
(I) the total number of weeks in the eligibility period under paragraph (4)(B) with respect to the worker, to
(II) 104 weeks.
(6) Calculation of amount of payments for certain workers
(A) In general
In the case of a worker described in paragraph (3)(B)(iii)(II), paragraph (2)(A) shall be applied by substituting the percentage described in subparagraph (B) for "50 percent".
(B) Percentage described
The percentage described in this subparagraph is the percentage—
(i) equal to ½ of the ratio of—
(I) the number of weekly hours of employment of the worker referred to in paragraph (3)(B)(iii)(II), to
(II) the number of weekly hours of employment of the worker at the time of separation, but
(ii) in no case more than 50 percent.
(7) Limitation on other benefits
A worker described in paragraph (3)(B) may not receive a trade readjustment allowance under division I of subpart B pursuant to the certification described in paragraph (3)(A) during any week for which the worker receives a payment described in paragraph (2)(A).
(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) of this section after February 12, 2011.
(2) Exception
Notwithstanding paragraph (1), a worker receiving payments under the program established under subsection (a)(1) of this section 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) of this section.
(
Amendment of Section
For termination of amendment by section 1893 of
Prior Provisions
A prior section 2318,
Another prior section 2318,
Amendments
2010—Subsec. (b)(1).
2009—
Subsec. (a)(1).
Subsec. (a)(2)(A).
Subsec. (a)(2)(A)(i), (ii).
"(i) the wages received by the worker from reemployment; and
"(ii) the wages received by the worker at the time of separation."
See Effective and Termination Dates of 2009 Amendment note below.
Subsec. (a)(2)(B).
Subsec. (a)(2)(C).
Subsec. (a)(3) to (7).
Subsec. (b)(1).
Subsec. (b)(2).
2004—Subsec. (a)(3)(B)(iii).
Subsec. (a)(5).
Subsec. (b)(2).
Effective Date of 2010 Amendment
Amendment by
Effective and Termination Dates of 2009 Amendment
Except as otherwise provided and subject to certain applicability provisions, amendment by
Except as otherwise provided, amendment by
Effective Date
Section 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
Termination Date
No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this section after Feb. 12, 2011, except as otherwise provided, see section 285 of
§2319. Definitions
For purposes of this part—
(1) The term "adversely affected employment" means employment in a firm, if workers of such firm 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, has been totally or partially separated from such employment.
(3) Subject to
(A) a firm, including an agricultural firm, service sector firm, or public agency; or
(B) an appropriate subdivision thereof.
(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 individual's 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) The term "public agency" means a department or agency of a State or local government or of the Federal Government, or a subdivision thereof.
(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
(11) The term "total separation" means the layoff or severance of an individual from employment with a firm in 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
(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.
(18) The term "service sector firm" means a firm engaged in the business of supplying services.
(19) The term "adversely affected incumbent worker" means a worker who—
(A) is a member of a group of workers who have been certified as eligible to apply for adjustment assistance under subpart A;
(B) has not been totally or partially separated from adversely affected employment; and
(C) the Secretary determines, on an individual basis, is threatened with total or partial separation.
(
Amendment of Section
For termination of amendment by section 1893 of
References in Text
The Railroad Unemployment Insurance Act, referred to in par. (12), is act June 25, 1938, ch. 680,
Amendments
2009—Par. (1).
Par. (2).
"(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 Effective and Termination Dates of 2009 Amendment note below.
Pars. (3), (7).
Par. (11).
Pars. (18), (19).
1986—Pars. (16), (17).
1981—Par. (3).
Par. (7).
Par. (12).
Par. (14).
Par. (15).
Effective and Termination Dates of 2009 Amendment
Except as otherwise provided and subject to certain applicability provisions, amendment by
Except as otherwise provided, amendment by
Effective Date of 1981 Amendment and Transition Provisions
Amendment by
Termination Date
No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this section after Feb. 12, 2011, except as otherwise provided, see section 285 of
§2320. Regulations
(a) In general
The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this part.
(b) Consultations
Not later than 90 days before issuing a regulation under subsection (a), the Secretary shall consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to the regulation.
(
Amendment of Section
For termination of amendment by section 1893 of
Amendments
2009—
Effective and Termination Dates of 2009 Amendment
Except as otherwise provided and subject to certain applicability provisions, amendment by
Except as otherwise provided, amendment by
Termination Date
No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this section after Feb. 12, 2011, except as otherwise provided, see section 285 of
§2321. Subpoena power
(a) Subpoena by Secretary
The Secretary may require by subpoena the attendance of witnesses and the production of evidence necessary for the Secretary to make a determination under the provisions of this part.
(b) Court order
If a person refuses to obey a subpoena issued under subsection (a) of this section, 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 subpoena.
(
Amendment of Section
For termination of amendment by section 1893 of
Amendments
2009—
Subsec. (a).
Effective and Termination Dates of 2009 Amendment
Except as otherwise provided and subject to certain applicability provisions, amendment by
Except as otherwise provided, amendment by
Termination Date
No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this section after Feb. 12, 2011, except as otherwise provided, see section 285 of
§2322. Office of Trade Adjustment Assistance
(a) Establishment
There is established in the Department of Labor an office to be known as the Office of Trade Adjustment Assistance (in this section referred to as the "Office").
(b) Head of Office
The head of the Office shall be an administrator, who shall report directly to the Deputy Assistant Secretary for Employment and Training.
(c) Principal functions
The principal functions of the administrator of the Office shall be—
(1) to oversee and implement the administration of trade adjustment assistance program under this part; and
(2) to carry out functions delegated to the Secretary of Labor under this part, including—
(A) making determinations under
(B) providing information under
(C) providing assistance to employers of groups of workers that have filed petitions under
(D) ensuring workers covered by a certification of eligibility under subpart A receive the employment and case management services described in
(E) ensuring that States fully comply with agreements entered into under
(F) advocating for workers applying for benefits available under this part;
(G) establishing and overseeing a hotline that workers, employers, and other entities may call to obtain information regarding eligibility criteria, procedural requirements, and benefits available under this part; and
(H) carrying out such other duties with respect to this part as the Secretary specifies for purposes of this section.
(d) Administration
(1) Designation
The administrator shall designate an employee of the Department of Labor with appropriate experience and expertise to carry out the duties described in paragraph (2).
(2) Duties
The employee designated under paragraph (1) shall—
(A) receive complaints and requests for assistance related to the trade adjustment assistance program under this part;
(B) resolve such complaints and requests for assistance, in coordination with other employees of the Office;
(C) compile basic information concerning such complaints and requests for assistance; and
(D) carry out such other duties with respect to this part as the Secretary specifies for purposes of this section.
(
Termination of Section
For termination of section by section 1893 of
Prior Provisions
A prior section 2322,
Another prior section 2322,
Effective and Termination Dates
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
Except as otherwise provided, section not applicable on or after Feb. 13, 2011, and this section to be applied and administered beginning Feb. 13, 2011, as if this section had never been enacted, see section 1893 of
No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this section after Feb. 12, 2011, except as otherwise provided, see section 285 of
§2323. Collection and publication of data and reports; information to workers
(a) In general
Not later than 180 days after February 17, 2009, the Secretary shall implement a system to collect and report the data described in subsection (b), as well as any other information that the Secretary considers appropriate to effectively carry out this part.
(b) Data to be included
The system required under subsection (a) shall include collection of and reporting on the following data for each fiscal year:
(1) Data on petitions filed, certified, and denied
(A) The number of petitions filed, certified, and denied under this part.
(B) The number of workers covered by petitions filed, certified, and denied.
(C) The number of petitions, classified by—
(i) the basis for certification, including increased imports, shifts in production, and other bases of eligibility; and
(ii) congressional district of the United States.
(D) The average time for processing such petitions.
(2) Data on benefits received
(A) The number of workers receiving benefits under this part.
(B) The number of workers receiving each type of benefit, including training, trade readjustment allowances, employment and case management services, and relocation and job search allowances, and, to the extent feasible, credits for health insurance costs under
(C) The average time during which such workers receive each such type of benefit.
(3) Data on training
(A) The number of workers enrolled in training approved under
(B) The number of workers enrolled in full-time training and part-time training.
(C) The average duration of training.
(D) The number of training waivers granted under
(E) The number of workers who complete training and the duration of such training.
(F) The number of workers who do not complete training.
(4) Data on outcomes
(A) A summary of the quarterly reports required under
(B) The sectors in which workers are employed after receiving benefits under this part.
(5) Data on rapid response activities
Whether rapid response activities were provided with respect to each petition filed under
(c) Classification of data
To the extent possible, in collecting and reporting the data described in subsection (b), the Secretary shall classify the data by industry, State, and national totals.
(d) Report
Not later than December 15 of each year, 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 that includes—
(1) a summary of the information collected under this section for the preceding fiscal year;
(2) information on the distribution of funds to each State pursuant to
(3) any recommendations of the Secretary with respect to changes in eligibility requirements, benefits, or training funding under this part based on the data collected under this section.
(e) Availability of data
(1) In general
The Secretary shall make available to the public, by publishing on the website of the Department of Labor and by other means, as appropriate—
(A) the report required under subsection (d);
(B) the data collected under this section, in a searchable format; and
(C) a list of cooperating States and cooperating State agencies that failed to submit the data required by this section to the Secretary in a timely manner.
(2) Updates
The Secretary shall update the data under paragraph (1) on a quarterly basis.
(
Termination of Section
For termination of section by section 1893 of
Effective and Termination Dates
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
Except as otherwise provided, section not applicable on or after Feb. 13, 2011, and this section to be applied and administered beginning Feb. 13, 2011, as if this section had never been enacted, see section 1893 of
No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this section after Feb. 12, 2011, except as otherwise provided, see section 285 of
subpart d—nafta transitional adjustment assistance program
§2331. Repealed. Pub. L. 107–210, div. A, title I, §123(a), Aug. 6, 2002, 116 Stat. 944
Section,
Prior Provisions
A prior section 250 of
Effective Date of Repeal
"(1)
"(2)
Part 3—Adjustment Assistance for Firms
Termination Date
Except as otherwise provided, technical assistance and grants may not be provided under this part after Feb. 12, 2011, see section 285 of
§2341. Petitions and determinations
(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 service sector firm) or its representative. Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register that the Secretary has received the petition and initiated an investigation.
(b) 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 Secretary's publication under subsection (a) of this section 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 or service sector 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 the firm have decreased absolutely,
(ii) sales or production, or both, of an article or service that accounted for not less than 25 percent of the total sales or production of the firm during the 12-month period preceding the most recent 12-month period for which date 1 are available have decreased absolutely,
(iii) sales or production, or both, of the firm during the most recent 12-month period for which data are available have decreased compared to—
(I) the average annual sales or production for the firm during the 24-month period preceding that 12-month period, or
(II) the average annual sales or production for the firm during the 36-month period preceding that 12-month period, and
(iv) sales or production, or both, of an article or service that accounted for not less than 25 percent of the total sales or production of the firm during the most recent 12-month period for which data are available have decreased compared to—
(I) the average annual sales or production for the article or service during the 24-month period preceding that 12-month period, or
(II) the average annual sales or production for the article or service during the 36-month period preceding that 12-month period, and
(C) increases of imports of articles or services like or directly competitive with articles which are produced or services which are supplied 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 40 days after that date.
(e) Basis for Secretary's determinations
For purposes of subsection (c)(1)(C), the Secretary may determine that there are increased imports of like or directly competitive articles or services, if customers accounting for a significant percentage of the decrease in the sales or production of the firm certify to the Secretary that such customers have increased their imports of such articles or services from a foreign country, either absolutely or relative to their acquisition of such articles or services from suppliers located in the United States.
(f) Notification to firms of availability of benefits
Upon receiving notice from the Secretary of Labor under
(
Amendment of Section
For termination of amendment by section 1893 of
Amendments
2009—Subsec. (a).
Subsec. (c)(1).
Subsec. (c)(1)(B).
"(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 Effective and Termination Dates of 2009 Amendment note below.
Subsec. (c)(1)(C).
Subsec. (c)(2)(B)(ii).
Subsec. (d).
Subsecs. (e), (f).
1988—Subsec. (c).
"(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).
1986—Subsecs. (a), (c).
Subsec. (c)(2).
Effective and Termination Dates of 2009 Amendment
Except as otherwise provided and subject to certain applicability provisions, amendment by
Except as otherwise provided, amendment by
Termination Date
Except as otherwise provided, technical assistance and grants may not be provided under this section after Feb. 12, 2011, see section 285 of
1 So in original. Probably should be "data".
§2342. Approval of adjustment proposals
(a) Application for adjustment assistance
A firm certified under
(b) Technical assistance
(1) Adjustment assistance under this part consists of technical assistance. The Secretary shall approve a firm's application for adjustment assistance only if the Secretary determines that the firm's 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.
(
Amendments
1986—Subsec. (b)(1).
"(A) that the firm has no reasonable access to financing through the private capital market, and
"(B) that the firm's 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).
Termination Date
Except as otherwise provided, technical assistance and grants may not be provided under this section after Feb. 12, 2011, see section 285 of
§2343. Technical assistance
(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
(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) of this section 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.
(
Amendment of Section
For termination of amendment by section 1893 of
Amendments
2009—Subsec. (a)(3).
1986—Subsec. (b)(2).
1981—Subsec. (a).
Subsec. (b).
Subsec. (c).
Effective and Termination Dates of 2009 Amendment
Except as otherwise provided and subject to certain applicability provisions, amendment by
Except as otherwise provided, amendment by
Effective Date of 1981 Amendment
Section 2529 of
"(a) Subject to subsection (b), the amendments made by this subtitle [subtitle B (§§2521–2529) of title XXV of
"(b) Applications for adjustment assistance under
Termination Date
Except as otherwise provided, technical assistance and grants may not be provided under this section after Feb. 12, 2011, see section 285 of
§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
(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
(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.
(
Termination of Section and Repeal
For termination of section and of repeal of former section 2344 by section 1893 of
Prior Provisions
A prior section 2344,
Effective and Termination Dates
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
Except as otherwise provided, this section and the repeal of former
Except as otherwise provided, technical assistance and grants may not be provided under this section after Feb. 12, 2011, see section 285 of
Residual Authority
§2345. Authorization of appropriations
(a) In general
There are authorized to be appropriated to the Secretary to carry out the provisions of this part $50,000,000 for fiscal year 2010 and $5,800,000 for the 6-week period beginning January 1, 2011, and ending February 12, 2011. Amounts appropriated pursuant to this subsection shall—
(1) be available to provide adjustment assistance to firms that file a petition for such assistance pursuant to this part on or before February 12, 2011; and
(2) otherwise 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.
(
Termination of Section and Repeal
For termination of section and of repeal of former section 2345 by section 1893 of
Prior Provisions
A prior section 2345,
Amendments
2010—Subsec. (a).
Subsec. (a)(1).
Effective Date of 2010 Amendment
Amendment by
Effective and Termination Dates
Section effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1864(e) of
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
Except as otherwise provided, this section and the repeal of former
Except as otherwise provided, technical assistance and grants may not be provided under this section after Feb. 12, 2011, see section 285 of
§2346. Repealed. Pub. L. 111–5, div. B, title I, §1864(a)(1), Feb. 17, 2009, 123 Stat. 397
Section,
Termination of Repeal
For termination of repeal of section by section 1893 of
Effective and Termination Dates of Repeal
Repeal effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1864(e) of
Except as otherwise provided and subject to certain applicability provisions, repeal effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of
Except as otherwise provided, repeal of this section not applicable on or after Feb. 13, 2011, and this section to be applied and administered beginning Feb. 13, 2011, as if the repeal had never been enacted, except that subsec. (b) shall be applied and administered by substituting "the 1-year period beginning February 13, 2011, and ending February 12, 2012," for "each of fiscal years 2003 through 2007, and $4,000,000 for the 3-month period beginning on October 1, 2007,", see section 1893 of
Termination Date
Except as otherwise provided, technical assistance and grants may not be provided under this section after Feb. 12, 2011, see section 285 of
§2347. Repealed. Pub. L. 111–5, div. B, title I, §1864(a)(1), Feb. 17, 2009, 123 Stat. 397
Section,
Termination of Repeal
For termination of repeal of section by section 1893 of
Effective and Termination Dates of Repeal
Repeal effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1864(e) of
Except as otherwise provided and subject to certain applicability provisions, repeal effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of
Except as otherwise provided, repeal of this section not applicable on or after Feb. 13, 2011, and this section to be applied and administered beginning Feb. 13, 2011, as if the repeal had never been enacted, see section 1893 of
Termination Date
Except as otherwise provided, technical assistance and grants may not be provided under this section after Feb. 12, 2011, see section 285 of
Deposit of Receipts From Transactions Under This Part Into Economic Development Revolving Fund
§2348. Protective provisions
(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.
(
Amendment of Section
For termination of amendment by section 1893 of
Prior Provisions
A prior section 256 of
Amendments
2009—Subsec. (d).
Effective and Termination Dates of 2009 Amendment
Amendment by
Except as otherwise provided and subject to certain applicability provisions, amendment by
Except as otherwise provided, amendment by
Termination Date
Except as otherwise provided, technical assistance and grants may not be provided under this section after Feb. 12, 2011, see section 285 of
§2349. Penalties
Any person who—
(1) makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, or 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, or
(2) makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, when providing information to the Secretary during an investigation of a petition under this part,
shall be imprisoned for not more than 2 years, or fined under title 18, or both.
(
Amendment of Section
For termination of amendment by section 1893 of
Prior Provisions
A prior section 257 of
Amendments
Effective and Termination Dates of 2009 Amendment
Amendment by
Except as otherwise provided and subject to certain applicability provisions, amendment by
Except as otherwise provided, amendment by
Termination Date
Except as otherwise provided, technical assistance and grants may not be provided under this section after Feb. 12, 2011, see section 285 of
§2350. Civil actions
In providing technical 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
(
Amendment of Section
For termination of amendment by section 1893 of
Prior Provisions
A prior section 258 of
Amendments
2009—
Effective and Termination Dates of 2009 Amendment
Amendment by
Except as otherwise provided and subject to certain applicability provisions, amendment by
Except as otherwise provided, amendment by
Termination Date
Except as otherwise provided, technical assistance and grants may not be provided under this section after Feb. 12, 2011, see section 285 of
§2351. "Firm" defined
For purposes of this part:
(1) Firm
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.
(2) Service sector firm
The term "service sector firm" means a firm engaged in the business of supplying services.
(
Amendment of Section
For termination of amendment by section 1893 of
Prior Provisions
A prior section 259 of
Amendments
2009—
Effective and Termination Dates of 2009 Amendment
Amendment by
Except as otherwise provided and subject to certain applicability provisions, amendment by
Except as otherwise provided, amendment by
Termination Date
Except as otherwise provided, technical assistance and grants may not be provided under this section after Feb. 12, 2011, see section 285 of
§2352. Regulations
The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this part.
(
Renumbering of Section
For termination of renumbering of section by section 1893 of
Prior Provisions
A prior section 260 of
Termination Date
Except as otherwise provided, technical assistance and grants may not be provided under this section after Feb. 12, 2011, see section 285 of
§2353. Repealed. Pub. L. 97–35, title XXV, §2526, Aug. 13, 1981, 95 Stat. 893
Section,
Effective Date of Repeal
Repeal effective Aug. 13, 1981, except as otherwise provided with respect to applications for adjustment assistance, see section 2529 of
§2354. Study by Secretary of Commerce when International Trade Commission begins investigation
(a) Subject matter of study
Whenever the Commission begins an investigation under
(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) 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
(c) Information to firms
Whenever the Commission makes an affirmative finding under
(
Renumbering of Section
For termination of renumbering of section by section 1893 of
Prior Provisions
A prior section 261 of
Amendments
1988—Subsec. (a).
Subsec. (b).
Subsec. (c).
Effective Date of 1988 Amendment
Amendment by
Termination Date
Except as otherwise provided, technical assistance and grants may not be provided under this section after Feb. 12, 2011, see section 285 of
§2355. Assistance to industry; authorization of appropriations
(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
(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.
(
Renumbering of Section
For termination of renumbering of section by section 1893 of
Prior Provisions
A prior section 262 of
Amendments
1984—Subsec. (a).
Subsec. (b).
Effective Date
Section effective Aug. 13, 1981, except as otherwise provided with respect to applications for adjustment assistance, see section 2529 of
Termination Date
Except as otherwise provided, technical assistance and grants may not be provided under this section after Feb. 12, 2011, see section 285 of
§2356. Annual report on trade adjustment assistance for firms
(a) In general
Not later than December 15, 2009, and each year thereafter, the Secretary of Commerce shall prepare a report containing data regarding the trade adjustment assistance for firms program provided for in
(1) The number of firms that inquired about the program.
(2) The number of petitions filed under section 251 [
(3) The number of petitions certified and denied.
(4) The average time for processing petitions.
(5) The number of petitions filed and firms certified for each congressional district of the United States.
(6) The number of firms that received assistance in preparing their petitions.
(7) The number of firms that received assistance developing business recovery plans.
(8) The number of business recovery plans approved and denied by the Secretary of Commerce.
(9) Sales, employment, and productivity at each firm participating in the program at the time of certification.
(10) Sales, employment, and productivity at each firm upon completion of the program and each year for the 2-year period following completion.
(11) The financial assistance received by each firm participating in the program.
(12) The financial contribution made by each firm participating in the program.
(13) The types of technical assistance included in the business recovery plans of firms participating in the program.
(14) The number of firms leaving the program before completing the project or projects in their business recovery plans and the reason the project was not completed.
(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 of Commerce 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
The Secretary of Commerce 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. Nothing in this subsection shall be construed to prohibit the Secretary from providing such confidential business information to a court in camera or to another party under a protective order issued by a court.
(
References in Text
The Trade Act of 1974, referred to in subsec. (a), is
Codification
Section was enacted as part of the American Recovery and Reinvestment Act of 2009, and also as part of the American Recovery and Reinvestment Tax Act of 2009, and also as part of the Trade and Globalization Adjustment Assistance Act of 2009, and not as part of the Trade Act of 1974 which comprises this chapter.
Effective Date
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
Part 4—Trade Adjustment Assistance for Communities
Amendments
2009—
Termination of Part
For termination of general amendment of this part by section 1893 of
Termination Date
Except as otherwise provided, technical assistance and grants may not be provided under this part after Feb. 12, 2011, see section 285 of
subpart a—trade adjustment assistance for communities
§2371. Definitions
In this subpart:
(1) Agricultural commodity producer
The term "agricultural commodity producer" has the meaning given that term in
(2) Community
The term "community" means a city, county, or other political subdivision of a State or a consortium of political subdivisions of a State.
(3) Community impacted by trade
The term "community impacted by trade" means a community described in
(4) Eligible community
The term "eligible community" means a community that the Secretary has determined under
(5) Secretary
The term "Secretary" means the Secretary of Commerce.
(
Termination of Section
For termination of section by section 1893 of
Prior Provisions
A prior section 2371,
Effective and Termination Dates
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
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, see section 1893 of
Except as otherwise provided, technical assistance and grants may not be provided under this section after Feb. 12, 2011, see section 285 of
Purpose
§2371a. Establishment of trade adjustment assistance for communities program
Not later than August 1, 2009, the Secretary shall establish a trade adjustment assistance for communities program at the Department of Commerce under which the Secretary shall—
(1) provide technical assistance under
(2) award grants to communities impacted by trade to carry out strategic plans developed under
(
Termination of Section
For termination of section by section 1893 of
Prior Provisions
A prior section 272 of
Effective and Termination Dates
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
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, see section 1893 of
Except as otherwise provided, technical assistance and grants may not be provided under this section after Feb. 12, 2011, see section 285 of
§2371b. Eligibility; notification
(a) Petition
(1) In general
A community may submit a petition to the Secretary for an affirmative determination under subsection (b)(1) that the community is eligible to apply for assistance under this subpart if—
(A) on or after August 1, 2009, one or more certifications described in subsection (b)(3) are made with respect to the community; and
(B) the community submits the petition not later than 180 days after the date of the most recent certification.
(2) Special rule with respect to certain communities
In the case of a community with respect to which one or more certifications described in subsection (b)(3) were made on or after January 1, 2007, and before August 1, 2009, the community may submit not later than February 1, 2010, a petition to the Secretary for an affirmative determination under subsection (b)(1).
(b) Affirmative determination
(1) In general
The Secretary shall make an affirmative determination that a community is eligible to apply for assistance under this subpart if the Secretary determines that the community is a community impacted by trade.
(2) Community impacted by trade
A community is a community impacted by trade if—
(A) one or more certifications described in paragraph (3) are made with respect to the community; and
(B) the Secretary determines that the community is significantly affected by the threat to, or the loss of, jobs associated with any such certification.
(3) Certification described
A certification described in this paragraph is a certification—
(A) by the Secretary of Labor that a group of workers in the community is eligible to apply for assistance under
(B) by the Secretary of Commerce that a firm located in the community is eligible to apply for adjustment assistance under
(C) by the Secretary of Agriculture that a group of agricultural commodity producers in the community is eligible to apply for adjustment assistance under
(c) Notifications
(1) Notification to the Governor
The Governor of a State shall be notified promptly—
(A) by the Secretary of Labor, upon making a determination that a group of workers in the State is eligible for assistance under
(B) by the Secretary of Commerce, upon making a determination that a firm in the State is eligible for assistance under
(C) by the Secretary of Agriculture, upon making a determination that a group of agricultural commodity producers in the State is eligible for assistance under
(2) Notification to community
Upon making an affirmative determination under subsection (b)(1) that a community is eligible to apply for assistance under this subpart, the Secretary shall promptly notify the community and the Governor of the State in which the community is located—
(A) of the affirmative determination;
(B) of the applicable provisions of this subpart; and
(C) of the means for obtaining assistance under this subpart and other appropriate economic assistance that may be available to the community.
(
Termination of Section
For termination of section by section 1893 of
Prior Provisions
A prior section 273 of
Effective and Termination Dates
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
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, see section 1893 of
Except as otherwise provided, technical assistance and grants may not be provided under this section after Feb. 12, 2011, see section 285 of
§2371c. Technical assistance
(a) In general
The Secretary shall provide comprehensive technical assistance to an eligible community to assist the community to—
(1) diversify and strengthen the economy in the community;
(2) identify significant impediments to economic development that result from the impact of trade on the community; and
(3) develop a strategic plan under
(b) Coordination of Federal response
The Secretary shall coordinate the Federal response to an eligible community by—
(1) identifying Federal, State, and local resources that are available to assist the community in responding to economic distress; and
(2) assisting the community in accessing available Federal assistance and ensuring that such assistance is provided in a targeted, integrated manner.
(c) Interagency Community Assistance Working Group
(1) In general
The Secretary shall establish an interagency Community Assistance Working Group, to be chaired by the Secretary or the Secretary's designee, which shall assist the Secretary with the coordination of the Federal response pursuant to subsection (b).
(2) Membership
The Working Group shall consist of representatives of any Federal department or agency with responsibility for providing economic adjustment assistance, including the Department of Agriculture, the Department of Defense, the Department of Education, the Department of Labor, the Department of Housing and Urban Development, the Department of Health and Human Services, the Small Business Administration, the Department of the Treasury, and any other Federal, State, or regional public department or agency the Secretary determines to be appropriate.
(
Termination of Section
For termination of section by section 1893 of
Prior Provisions
A prior section 274 of
Effective and Termination Dates
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
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, see section 1893 of
Except as otherwise provided, technical assistance and grants may not be provided under this section after Feb. 12, 2011, see section 285 of
§2371d. Grants for eligible communities
(a) In general
The Secretary may award a grant under this section to an eligible community to assist the community in carrying out any project or program that is included in a strategic plan developed by the community under
(b) Application
(1) In general
An eligible community seeking to receive a grant under this section shall submit a grant application to the Secretary that contains—
(A) the strategic plan developed by the community under
(B) a description of the project or program included in the strategic plan with respect to which the community seeks the grant.
(2) Coordination among grant programs
If an entity in an eligible community is seeking or plans to seek a Community College and Career Training Grant under
(c) Limitation
An eligible community may not be awarded more than $5,000,000 under this section.
(d) Cost-sharing
(1) Federal share
The Federal share of a project or program for which a grant is awarded under this section may not exceed 95 percent of the cost of such project or program.
(2) Community share
The Secretary shall require, as a condition of awarding a grant to an eligible community under this section, that the eligible community contribute not less than an amount equal to 5 percent of the amount of the grant toward the cost of the project or program for which the grant is awarded.
(e) Grants to small- and medium-sized communities
The Secretary shall give priority to grant applications submitted under this section by eligible communities that are small- and medium-sized communities.
(f) Annual report
Not later than December 15 in each of the calendar years 2009 through and annually thereafter,1 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; and
(2) assessing the impact on the eligible community of each such grant awarded in a fiscal year before the fiscal year referred to in paragraph (1).
(
Termination of Section
For termination of section by section 1893 of
Amendments
2010—Subsec. (f).
Effective Date of 2010 Amendment
Amendment by
Effective and Termination Dates
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
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, see section 1893 of
Except as otherwise provided, technical assistance and grants may not be provided under this section after Feb. 12, 2011, see section 285 of
§2371e. Strategic plans
(a) In general
(1) Development
An eligible community that intends to apply for a grant under
(A) develop a strategic plan for the community's economic adjustment to the impact of trade; and
(B) submit the plan to the Secretary for evaluation and approval.
(2) Involvement of private and public entities
(A) In general
To the extent practicable, an eligible community shall consult with entities described in subparagraph (B) in developing a strategic plan under paragraph (1).
(B) Entities described
Entities described in this subparagraph are public and private entities within the eligible community, including—
(i) local, county, or State government agencies serving the community;
(ii) firms, including small- and medium-sized firms, within the community;
(iii) local workforce investment boards established under
(iv) labor organizations, including State labor federations and labor-management initiatives, representing workers in the community; and
(v) educational institutions, local educational agencies, or other training providers serving the community.
(b) Contents
The strategic plan shall, at a minimum, contain the following:
(1) A description and analysis of the capacity of the eligible community to achieve economic adjustment to the impact of trade.
(2) An analysis of the economic development challenges and opportunities facing the community as well as the strengths and weaknesses of the economy of the community.
(3) An assessment of the commitment of the eligible community to the strategic plan over the long term and the participation and input of members of the community affected by economic dislocation.
(4) A description of the role and the participation of the entities described in subsection (a)(2)(B) in developing the strategic plan.
(5) A description of the projects to be undertaken by the eligible community under the strategic plan.
(6) A description of how the strategic plan and the projects to be undertaken by the eligible community will facilitate the community's economic adjustment.
(7) A description of the educational and training programs available to workers in the eligible community and the future employment needs of the community.
(8) An assessment of the cost of implementing the strategic plan, the timing of funding required by the eligible community to implement the strategic plan, and the method of financing to be used to implement the strategic plan.
(9) A strategy for continuing the economic adjustment of the eligible community after the completion of the projects described in paragraph (5).
(c) Grants to develop strategic plans
(1) In general
The Secretary, upon receipt of an application from an eligible community, may award a grant to the community to assist the community in developing a strategic plan under subsection (a)(1). A grant awarded under this paragraph shall not exceed 75 percent of the cost of developing the strategic plan.
(2) Funds to be used
Of the funds appropriated pursuant to
(A) $25,000,000 for fiscal year 2010; and
(B) $2,900,000 for the 6-week period beginning January 1, 2011, and ending February 12, 2011.
(
Termination of Section
For termination of section by section 1893 of
Amendments
2010—Subsec. (c)(2).
Effective Date of 2010 Amendment
Amendment by
Effective and Termination Dates
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
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, see section 1893 of
Except as otherwise provided, technical assistance and grants may not be provided under this section after Feb. 12, 2011, see section 285 of
§2371f. General provisions
(a) Regulations
(1) In general
The Secretary shall prescribe such regulations as are necessary to carry out the provisions of this subpart, including—
(A) establishing specific guidelines for the submission and evaluation of strategic plans under
(B) establishing specific guidelines for the submission and evaluation of grant applications under
(C) administering the grant programs established under
(2) Consultations
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 90 days prior to promulgating any final rule or regulation pursuant to paragraph (1).
(b) Personnel
The Secretary shall designate such staff as may be necessary to carry out the responsibilities described in this subpart.
(c) Authorization of appropriations
(1) In general
There are authorized to be appropriated to the Secretary to carry out this subpart—
(A) $150,000,000 for fiscal year 2010; and
(B) $17,3000 1 for the 6-week period beginning January 1, 2011 and ending February 12, 2011.
(2) Availability
Amounts appropriated pursuant to this subpart—
(A) shall be available to provide adjustment assistance to communities that have been approved for assistance pursuant to this part on or before February 12, 2011; and
(B) shall otherwise remain available until expended.
(3) Supplement not supplant
Funds appropriated pursuant to this subpart shall be used to supplement and not supplant other Federal, State, and local public funds expended to provide economic development assistance for communities.
(
Termination of Section
For termination of section by section 1893 of
Amendments
2010—Subsec. (c)(1).
Subsec. (c)(2)(A).
Effective Date of 2010 Amendment
Amendment by
Effective and Termination Dates
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
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, see section 1893 of
Except as otherwise provided, technical assistance and grants may not be provided under this section after Feb. 12, 2011, see section 285 of
subpart b—community college and career training grant program
§2372. Community College and Career Training Grant Program
(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
(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
(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
(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
(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
(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
(v) any previous experience of the eligible institution in providing educational or career training programs to workers eligible for training under
(B) Absence of experience
The absence of any previous experience in providing educational or career training programs described in subparagraph (A)(v) 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, and other entities described in
(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;
(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
(iii) reached out to any eligible partnership in the community that has sought or received a Sector Partnership Grant under
(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
(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
(2) Priority for certain communities
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
(3) 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 in each of the calendar years 2009 through and annually thereafter,1 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; and
(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
(
Termination of Section
For termination of section by section 1893 of
Prior Provisions
A prior section 2372,
Amendments
2010—Subsec. (e).
Effective Date of 2010 Amendment
Amendment by
Effective and Termination Dates
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
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, see section 1893 of
Except as otherwise provided, technical assistance and grants may not be provided under this section after Feb. 12, 2011, see section 285 of
§2372a. Authorization of appropriations
(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, except that the limitations contained in
(
Termination of Section
For termination of section by section 1893 of
Amendments
2010—Subsec. (b).
Effective and Termination Dates
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
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, see section 1893 of
Except as otherwise provided, technical assistance and grants may not be provided under this part after Feb. 12, 2011, see section 285 of
subpart c—industry or sector partnership grant program for communities impacted by trade
§2373. Industry or Sector Partnership Grant program for communities impacted by trade
(a) Purpose
The purpose of this subpart is to facilitate efforts by industry or sector partnerships to strengthen and revitalize industries and create employment opportunities for workers in communities impacted by trade.
(b) Definitions
In this subpart:
(1) Community impacted by trade
The term "community impacted by trade" has the meaning given that term in
(2) Dislocated worker
The term "dislocated worker" means a worker who has been totally or partially separated, or is threatened with total or partial separation, from employment in an industry or sector in a community impacted by trade.
(3) Eligible partnership
The term "eligible partnership" means a voluntary partnership composed of public and private persons, firms, or other entities within a community impacted by trade, that shall include representatives of—
(A) an industry or sector within the community, including an industry association;
(B) local, county, or State government;
(C) multiple firms in the industry or sector, including small- and medium-sized firms, within the community;
(D) local workforce investment boards established under
(E) labor organizations, including State labor federations and labor-management initiatives, representing workers in the community; and
(F) educational institutions, local educational agencies, or other training providers serving the community.
(4) Lead entity
The term "lead entity" means—
(A) an entity designated by the eligible partnership to be responsible for submitting a grant proposal under subsection (e) and serving as the eligible partnership's fiscal agent in expending any Sector Partnership Grant awarded under this section; or
(B) a State agency designated by the Governor of the State to carry out the responsibilities described in subparagraph (A).
(5) Secretary
The term "Secretary" means the Secretary of Labor.
(6) Targeted industry or sector
The term "targeted industry or sector" means the industry or sector represented by an eligible partnership.
(c) Sector Partnership Grants authorized
Beginning on August 1, 2009, and subject to the appropriation of funds, the Secretary shall award Sector Partnership Grants to eligible partnerships to assist the eligible partnerships in carrying out projects, over periods of not more than 3 years, to strengthen and revitalize industries and sectors and create employment opportunities for dislocated workers.
(d) Use of Sector Partnership grants
An eligible partnership may use a Sector Partnership Grant to carry out any project that the Secretary determines will further the purpose of this subpart, which may include—
(1) identifying the skill needs of the targeted industry or sector and any gaps in the available supply of skilled workers in the community impacted by trade, and developing strategies for filling the gaps, including by—
(A) developing systems to better link firms in the targeted industry or sector to available skilled workers;
(B) helping firms in the targeted industry or sector to obtain access to new sources of qualified job applicants;
(C) retraining dislocated and incumbent workers; or
(D) facilitating the training of new skilled workers by aligning the instruction provided by local suppliers of education and training services with the needs of the targeted industry or sector;
(2) analyzing the skills and education levels of dislocated and incumbent workers and developing training to address skill gaps that prevent such workers from obtaining jobs in the targeted industry or sector;
(3) helping firms, especially small- and medium-sized firms, in the targeted industry or sector increase their productivity and the productivity of their workers;
(4) helping such firms retain incumbent workers;
(5) developing learning consortia of small- and medium-sized firms in the targeted industry or sector with similar training needs to enable the firms to combine their purchases of training services, and thereby lower their training costs;
(6) providing information and outreach activities to firms in the targeted industry or sector regarding the activities of the eligible partnership and other local service suppliers that could assist the firms in meeting needs for skilled workers;
(7) seeking, applying, and disseminating best practices learned from similarly situated communities impacted by trade in the development and implementation of economic growth and revitalization strategies; and
(8) identifying additional public and private resources to support the activities described in this subsection, which may include the option to apply for a community grant under
(e) Grant proposals
(1) In general
The lead entity of an eligible partnership seeking to receive a Sector Partnership 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) General requirements of grant proposals
A grant proposal submitted under paragraph (1) shall, at a minimum—
(A) identify the members of the eligible partnership;
(B) identify the targeted industry or sector for which the eligible partnership intends to carry out projects using the Sector Partnership Grant;
(C) describe the goals that the eligible partnership intends to achieve to promote the targeted industry or sector;
(D) describe the projects that the eligible partnership will undertake to achieve such goals;
(E) demonstrate that the eligible partnership has the organizational capacity to carry out the projects described in subparagraph (D);
(F) explain—
(i) whether—
(I) the community impacted by trade has sought or received a community grant under
(II) an eligible institution in the community has sought or received a Community College and Career Training Grant under
(III) any other entity in the community has received funds pursuant to any other federally funded training project; and
(ii) how the eligible partnership will coordinate its use of a Sector Partnership Grant with the use of such other grants or funds in order to enhance the effectiveness of each grant and any such funds and avoid duplication of efforts; and
(G) include performance measures, developed based on the performance measures issued by the Secretary under subsection (g)(2), and a timeline for measuring progress toward achieving the goals described in subparagraph (C).
(f) Award of grants
(1) In general
Upon application by the lead entity of an eligible partnership, the Secretary may award a Sector Partnership Grant to the eligible partnership to assist the partnership in carrying out any of the projects in the grant proposal that the Secretary determines will further the purposes of this subpart.
(2) Limitations
An eligible partnership may not be awarded—
(A) more than one Sector Partnership Grant; or
(B) a total grant award under this subpart in excess of—
(i) except as provided in clause (ii), $2,500,000; or
(ii) in the case of an eligible partnership located within a community impacted by trade that is not served by an institution receiving a Community College and Career Training Grant under
(g) Administration by the Secretary
(1) Technical assistance and oversight
(A) In general
The Secretary shall provide technical assistance to, and oversight of, the lead entity of an eligible partnership in applying for and administering Sector Partnership Grants awarded under this section.
(B) Technical assistance
Technical assistance provided under subparagraph (A) shall include providing conferences and such other methods of collecting and disseminating information on best practices developed by eligible partnerships as the Secretary determines appropriate.
(C) Grants or contracts for technical assistance
The Secretary may award a grant or contract to one or more national or State organizations to provide technical assistance to foster the planning, formation, and implementation of eligible partnerships.
(2) Performance measures
The Secretary shall issue a range of performance measures, with quantifiable benchmarks, and methodologies that eligible partnerships may use to measure progress toward the goals described in subsection (e). In developing such measures, the Secretary shall consider the benefits of the eligible partnership and its activities for workers, firms, industries, and communities.
(h) Reports
(1) Progress report
Not later than 1 year after receiving a Sector Partnership Grant, and 3 years thereafter, the lead entity shall submit to the Secretary, on behalf of the eligible partnership, a report containing—
(A) a detailed description of the progress made toward achieving the goals described in subsection (e)(2)(C), using the performance measures required under subsection (e)(2)(G);
(B) a detailed evaluation of the impact of the grant award on workers and employers in the community impacted by trade; and
(C) a detailed description of all expenditures of funds awarded to the eligible partnership under the Sector Partnership Grant approved by the Secretary under this subpart.
(2) Annual report
Not later than December 15 in each of the calendar years 2009 through and annually thereafter,1 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—
(A) describing each Sector Partnership Grant awarded to an eligible partnership during the preceding fiscal year; and
(B) assessing the impact of each Sector Partnership Grant awarded in a fiscal year preceding the fiscal year referred to in subparagraph (A) on workers and employers in communities impacted by trade.
(
Termination of Section
For termination of section by section 1893 of
Prior Provisions
A prior section 2373,
Amendments
2010—Subsec. (h)(2).
Effective Date of 2010 Amendment
Amendment by
Effective and Termination Dates
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
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, see section 1893 of
Except as otherwise provided, technical assistance and grants may not be provided under this section after Feb. 12, 2011, see section 285 of
§2373a. Authorization of appropriations
(a) In general
(1) Authorization
There are authorized to be appropriated to the Secretary of Labor to carry out the Sector Partnership Grant program under
(A) $40,000,000 for fiscal year 2010; and
(B) $4,600,000 for the 6-week period beginning January 1, 2011, and ending February 12, 2011.
(2) Availability of appropriations
Funds appropriated pursuant to this section shall remain available until expended.
(b) Supplement not supplant
Funds appropriated pursuant to this section shall be used to supplement and not supplant other Federal, State, and local public funds expended to support the economic development of local communities.
(c) Administrative costs
The Secretary may retain not more than 5 percent of the funds appropriated pursuant to this section for each fiscal year to administer the Sector Partnership Grant program under
(
Termination of Section
For termination of section by section 1893 of
Amendments
2010—Subsec. (a).
Effective Date of 2010 Amendment
Amendment by
Effective and Termination Dates
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
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, see section 1893 of
Except as otherwise provided, technical assistance and grants may not be provided under this part after Feb. 12, 2011, see section 285 of
subpart d—general provisions
§2374. Rule of construction
Nothing in this part prevents a worker from receiving trade adjustment assistance under part 2 of this subchapter at the same time the worker is receiving assistance in any manner from—
(1) a community receiving a community grant under subpart A;
(2) an eligible institution receiving a Community College and Career Training Grant under subpart B; or
(3) an eligible partnership receiving a Sector Partnership Grant under subpart C.
(
Termination of Section
For termination of section by section 1893 of
Prior Provisions
A prior section 2374,
Effective and Termination Dates
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
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, see section 1893 of
Except as otherwise provided, technical assistance and grants may not be provided under this section after Feb. 12, 2011, see section 285 of
Part 5—Miscellaneous Provisions
§2391. GAO study and report
(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.
(
§2392. Adjustment Assistance Coordinating Committee
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.
(
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,
§2393. Trade monitoring and data collection
(a) Monitoring programs
The Secretary of Commerce and the Secretary of Labor shall establish and maintain a program to monitor imports of articles and services into the United States which will reflect changes in the volume of such imports, the relation of such imports to changes in domestic production and domestic supply of services, changes in employment within domestic industries producing articles or supplying services like or directly competitive with such imports, and the extent to which such changes in production, or supply of services, 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.
(b) Collection of data and reports on service sector
(1) Secretary of Labor
Not later than 90 days after February 17, 2009, the Secretary of Labor shall implement a system to collect data on adversely affected workers employed in the service sector that includes the number of workers by State and industry, and by the cause of the dislocation of each worker, as identified in the certification.
(2) Secretary of Commerce
Not later than 1 year after February 17, 2009, the Secretary of Commerce shall, in consultation with the Secretary of Labor, conduct a study and submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on ways to improve the timeliness and coverage of data on trade in services, including methods to identify increased imports due to the relocation of United States firms to foreign countries, and increased imports due to United States firms acquiring services from firms in foreign countries.
(
Amendment of Section
For termination of amendment by section 1893 of
Amendments
2009—
Effective and Termination Dates of 2009 Amendment
Except as otherwise provided and subject to certain applicability provisions, amendment by
Except as otherwise provided, amendment by
§2394. Firms relocating in foreign countries
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) 1 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.
(
1 So in original. The first paragraph was not designated subsec. (a).
§2395. Judicial review
(a) Petition for review; time and place of filing
A worker, group of workers, certified or recognized union, or authorized representative of such worker or group aggrieved by a final determination of the Secretary of Labor under
(b) Findings of fact by Secretary; conclusiveness; new or modified findings
The findings of fact by the Secretary of Labor, the Secretary of Commerce, or the Secretary of Agriculture, as the case may be, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to such Secretary to take further evidence, and such Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.
(c) Determination; review by Supreme Court
The Court of International Trade shall have jurisdiction to affirm the action of the Secretary of Labor, the Secretary of Commerce, or the Secretary of Agriculture, as the case may be, or to set such action aside, in whole or in part. The judgment of the Court of International Trade shall be subject to review by the United States Court of Appeals for the Federal Circuit as prescribed by the rules of such court. The judgment of the Court of Appeals for the Federal Circuit shall be subject to review by the Supreme Court of the United States upon certiorari as provided in section 1256 1 of title 28.
(
Amendment of Section
For termination of amendment by section 1893 of
References in Text
Amendments
2009—Subsec. (a).
2004—
2002—Subsec. (a).
Subsecs. (b), (c).
1993—Subsec. (a).
1982—Subsec. (c).
Effective and Termination Dates of 2009 Amendment
Except as otherwise provided and subject to certain applicability provisions, amendment by
Except as otherwise provided, amendment by
Effective Date of 2002 Amendment
Amendment by section 123(b)(4) of
Amendment by section 142(a) of
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Effective Date
Section applicable with respect to civil actions commenced on or after Nov. 1, 1980, see section 701(b)(3) of
1 See References in Text note below.
§2396. Omitted
Section,
§2397. Omitted
Section,
Effective Date
Section 1430 of
"(a)
"(b)
"(1) Except as otherwise provided in this subsection, the amendment made by section 1428(b) [enacting this section] shall apply (if at all) to any article entered, or withdrawn from warehouse for consumption, after the date that is 30 days after the earlier of—
"(A) the date on which the President submits to the Congress the written statement described in section 1428(a)(3)(A) [set out as a note below],
"(B) the date that is 2 years after the date of enactment of this Act [Aug. 23, 1988], or
"(C) the date of the enactment of a disapproval resolution that passes both Houses of the Congress within the 90-day period beginning on the date that is 2 years after the date of enactment of this Act.
"(2) If the President determines on the date that is 2 years after the date of enactment of this Act that the fee imposed by the amendment made by section 1428(b) is not in the national economic interest, subparagraph (B) of paragraph (1) shall not be taken into account in applying the provisions of paragraph (1). [See Determination of President of the United States, No. 90–34, set out below.]
"(3) The amendment made by section 1428(b) shall apply (if at all) to the products of any foreign country described in section 1428(a)(1)(B) [set out as a note below] that are entered, or withdrawn from warehouse for consumption, after the later of—
"(A) the first date on which the fee imposed by such amendment applies with respect to products of foreign countries that are not described in section 1428(a)(1)(B), or
"(B) the date on which the President submits to the Congress the written statement described in section 1428(a)(3)(B) [set out as a note below] certifying the consent of such foreign country to the imposition of the fee.
"(c)
"(d)
"(e)
"(f)
"(g)
Imposition of Small Uniform Fee on All Imports
Section 1428(a) of
"(1) The President shall—
"(A) undertake negotiations necessary to achieve changes in the General Agreement on Tariffs and Trade that would allow any country to impose a small uniform fee of not more than 0.15 percent on all imports to such country for the purpose of using the revenue from such fee to fund programs which directly assist adjustment to import competition, and
"(B) undertake negotiations with any foreign country that has entered into a free trade agreement with the United States under subtitle A [§§1101 to 1125, of title I of
"(2) In the report that is submitted under section 163 of the Trade Act of 1974 [
"(3)(A) On the first day after the date of enactment of this Act [Aug. 23, 1988] on which the General Agreement on Tariffs and Trade allows any country to impose a fee described in paragraph (1), the President shall submit to the Congress, and publish in the Federal Register, a written statement certifying such allowance.
"(B) On the first day after the date of enactment of this Act on which any foreign country described in paragraph (1)(B) consents to the imposition of such a fee by the United States, the President shall submit to the Congress, and publish in the Federal Register, a written statement certifying such consent.
"(4) If—
"(A) the President does not submit to the Congress the written statement described in paragraph (3)(A) before the date that is 2 years after the date of enactment of this Act [Aug. 23, 1988], and
"(B) the President determines on such date that the fee imposed by the amendment made by subsection (b) [enacting this section] is not in the national economic interest,
the President shall submit to the Congress, and publish in the Federal Register, written notice of such determination on such date. [See Determination of President of the United States, No. 90–34, set out below.]
"(5)(A) Any disapproval resolution that is introduced in the Senate or House of Representatives within the 90-day period beginning on the date that is 2 years after the date of enactment of this Act [Aug. 23, 1988] shall, for purposes of section 152 of the Trade Act of 1974 (
"(B) For purposes of this part [see Effective Date note above], the term 'disapproval resolution' means a joint resolution of the two Houses of the Congress, the matter after the resolving clause of which is as follows: 'That the Congress disapproves of the determination made by the President under section 1428(a)(4)(A) of the Omnibus Trade and Competitiveness Act of 1988 [subsec. (a)(4)(A) of this note].' "
Determination That Certain Import Fees Are Not in the National Economic Interest
Determination of President of the United States, No. 90–34, Aug. 23, 1990, 55 F.R. 34889, provided:
Pursuant to section 1428(a)(4)(B) of the Omnibus Trade and Competitiveness Act of 1988 [
I hereby authorize and direct the United States Trade Representative to submit to the Congress and publish in the Federal Register written notice of this determination.
George Bush.
§2397a. Sense of Congress
It is the sense of Congress that the Secretaries of Labor, Commerce, and Agriculture should apply the provisions of part 2 (relating to adjustment assistance for workers), part 3 (relating to adjustment assistance for firms), part 4 (relating to adjustment assistance for communities), and part 6 (relating to adjustment assistance for farmers), respectively, with the utmost regard for the interests of workers, firms, communities, and farmers petitioning for benefits under such parts.
(
Termination of Section
For termination of section by section 1893 of
Effective and Termination Dates
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
Except as otherwise provided, section not applicable on or after Jan. 1, 2011, and this part to be applied and administered beginning Jan. 1, 2011, as if this section had never been enacted, see section 1893 of
Part 6—Adjustment Assistance for Farmers
Termination Date
Except as otherwise provided, technical assistance and financial assistance may not be provided under this part after Feb. 12, 2011, see section 285 of
§2401. Definitions
In this part:
(1) Agricultural commodity
The term "agricultural commodity" includes—
(A) any agricultural commodity (including livestock) in its raw or natural state;
(B) any class of goods within an agricultural commodity; and
(C) in the case of an agricultural commodity producer described in paragraph (2)(B), wild-caught aquatic species.
(2) Agricultural commodity producer
The term "agricultural commodity producer" means—
(A) a person that shares in the risk of producing an agricultural commodity and that is entitled to a share of the commodity for marketing, including an operator, a sharecropper, or a person that owns or rents the land on which the commodity is produced; or
(B) a person that reports gain or loss from the trade or business of fishing on the person's annual Federal income tax return for the taxable year that most closely corresponds to the marketing year with respect to which a petition is filed under
(3) Contributed importantly
(A) In general
The term "contributed importantly" means a cause which is important but not necessarily more important than any other cause.
(B) Determination of contributed importantly
The determination of whether imports of articles like or directly competitive with an agricultural commodity with respect to which a petition under this part was filed contributed importantly to a decline in the price of the agricultural commodity shall be made by the Secretary.
(4) Duly authorized representative
The term "duly authorized representative" means an association of agricultural commodity producers.
(5) National average price
The term "national average price" means the national average price paid to an agricultural commodity producer for an agricultural commodity in a marketing year as determined by the Secretary.
(6) Secretary
The term "Secretary" means the Secretary of Agriculture.
(7) Marketing year
The term "marketing year" means—
(A) a marketing year designated by the Secretary with respect to an agricultural commodity; or
(B) in the case of an agricultural commodity with respect to which the Secretary does not designate a marketing year, a calendar year.
(
Amendment of Section
For termination of amendment by section 1893 of
Codification
Amendments
2009—Par. (1).
Par. (2).
Par. (7).
2008—Par. (2).
2006—Par. (2).
Effective and Termination Dates of 2009 Amendment
Except as otherwise provided and subject to certain applicability provisions, amendment by
Except as otherwise provided, amendment by
Effective Date of 2008 Amendment
Amendment of this section and repeal of
Effective Date of 2006 Amendment
Amendment by
Effective Date
Termination Date
Except as otherwise provided, technical assistance and financial assistance may not be provided under this section after Feb. 12, 2011, see section 285 of
§2401a. Petitions; group eligibility
(a) In general
A petition for a certification of eligibility to apply for adjustment assistance under this part may be filed with the Secretary by a group of agricultural commodity producers or by their duly authorized representative. Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register that the Secretary has received the petition and initiated an investigation.
(b) Hearings
If the petitioner, or any other person found by the Secretary to have a substantial interest in the proceedings, submits not later than 10 days after the date of the Secretary's publication under subsection (a) of this section a request for a hearing, the Secretary shall provide for a public hearing and afford such interested person an opportunity to be present, to produce evidence, and to be heard.
(c) Group eligibility requirements
The Secretary shall certify a group of agricultural commodity producers as eligible to apply for adjustment assistance under this part if the Secretary determines that—
(1)(A) the national average price of the agricultural commodity produced by the group during the most recent marketing year for which data are available is less than 85 percent of the average of the national average price for the commodity in the 3 marketing years preceding such marketing year;
(B) the quantity of production of the agricultural commodity produced by the group during such marketing year is less than 85 percent of the average of the quantity of production of the commodity produced by the group in the 3 marketing years preceding such marketing year;
(C) the value of production of the agricultural commodity produced by the group during such marketing year is less than 85 percent of the average value of production of the commodity produced by the group in the 3 marketing years preceding such marketing year; or
(D) the cash receipts for the agricultural commodity produced by the group during such marketing year are less than 85 percent of the average of the cash receipts for the commodity produced by the group in the 3 marketing years preceding such marketing year;
(2) the volume of imports of articles like or directly competitive with the agricultural commodity produced by the group in the marketing year with respect to which the group files the petition increased compared to the average volume of such imports during the 3 marketing years preceding such marketing year; and
(3) the increase in such imports contributed importantly to the decrease in the national average price, quantity of production, or value of production of, or cash receipts for, the agricultural commodity, as described in paragraph (1).
(d) Eligibility of certain other producers
An agricultural commodity producer or group of producers that resides outside of the State or region identified in the petition filed under subsection (a) may file a request to become a party to that petition not later than 15 days after the date the notice is published in the Federal Register under subsection (a) with respect to that petition.
(e) Treatment of classes of goods within a commodity
In any case in which there are separate classes of goods within an agricultural commodity, the Secretary shall treat each class as a separate commodity in determining under subsection (c)—
(1) group eligibility;
(2) the national average price, quantity of production, or value of production, or cash receipts; and
(3) the volume of imports.
(
Amendment of Section
For termination of amendment by section 1893 of
Amendments
2009—Subsecs. (c) to (e).
Effective and Termination Dates of 2009 Amendment
Except as otherwise provided and subject to certain applicability provisions, amendment by
Except as otherwise provided, amendment by
Termination Date
Except as otherwise provided, technical assistance and financial assistance may not be provided under this section after Feb. 12, 2011, see section 285 of
§2401b. Determinations by Secretary of Agriculture
(a) In general
As soon as practicable after the date on which a petition is filed under
(b) Notice
Upon making a determination on a petition, the Secretary shall promptly publish a summary of the determination in the Federal Register, together with the Secretary's reasons for making the determination.
(c) Termination of certification
Whenever the Secretary determines, with respect to any certification of eligibility under this part, that the decrease in the national average price, quantity of production, or value of production of, or cash receipts for, the agricultural commodity covered by the certification is no longer attributable to the conditions described in
(d) Report by the Secretary
Not later than January 30, 2010, and annually thereafter, the Secretary of Agriculture shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report containing the following information with respect to adjustment assistance provided under this part during the preceding fiscal year:
(1) A list of the agricultural commodities covered by a certification under this part.
(2) The States or regions in which such commodities are produced and the aggregate amount of such commodities produced in each such State or region.
(3) The total number of agricultural commodity producers, by congressional district, receiving benefits under this part.
(4) The total number of agricultural commodity producers, by congressional district, receiving technical assistance under this part.
(
Amendment of Section
For termination of amendment by section 1893 of
Amendments
2009—Subsec. (a).
Subsec. (c).
Subsec. (d).
Effective and Termination Dates of 2009 Amendment
Except as otherwise provided and subject to certain applicability provisions, amendment by
Except as otherwise provided, amendment by
Termination Date
Except as otherwise provided, technical assistance and financial assistance may not be provided under this section after Feb. 12, 2011, see section 285 of
§2401c. Study by Secretary of Agriculture when International Trade Commission begins investigation
(a) In general
Whenever the International Trade Commission (in this part referred to as the "Commission") begins an investigation under
(1) the number of agricultural commodity producers producing a like or directly competitive agricultural commodity who have been or are likely to be certified as eligible for adjustment assistance under this part, and
(2) the extent to which the adjustment of such producers to the import competition may be facilitated through the use of existing programs.
(b) Report
Not later than 15 days after the day on which the Commission makes its report under
(
Termination Date
Except as otherwise provided, technical assistance and financial assistance may not be provided under this section after Feb. 12, 2011, see section 285 of
§2401d. Benefit information to agricultural commodity producers
(a) In general
The Secretary shall provide full information to agricultural commodity producers about the benefit allowances, training, and other employment services available under this subchapter 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 to prepare petitions or applications for program benefits under this subchapter.
(b) Notice of benefits
(1) In general
The Secretary shall mail written notice of the benefits available under this part to each agricultural commodity producer that the Secretary has reason to believe is covered by a certification made under this part.
(2) Other notice
The Secretary shall publish notice of the benefits available under this part to agricultural commodity producers that are covered by each certification made under this part in newspapers of general circulation in the areas in which such producers reside.
(3) Other Federal assistance
The Secretary shall also provide information concerning procedures for applying for and receiving all other Federal assistance and services available to workers facing economic distress.
(
Termination Date
Except as otherwise provided, technical assistance and financial assistance may not be provided under this section after Feb. 12, 2011, see section 285 of
§2401e. Qualifying requirements and benefits for agricultural commodity producers
(a) In general
(1) Requirements
(A) In general
Benefits under this part shall be available to an agricultural commodity producer covered by a certification under this part who files an application for such benefits not later than 90 days after the date on which the Secretary makes a determination and issues a certification of eligibility under
(i) the producer produced the agricultural commodity covered by the application filed under this subsection in the marketing year with respect to which the petition is filed and in at least 1 of the 3 marketing years preceding that marketing year;
(ii)(I) the quantity of the agricultural commodity that was produced by the producer in the marketing year with respect to which the petition is filed has decreased compared to the most recent marketing year preceding that marketing year for which data are available; or
(II)(aa) the price received for the agricultural commodity by the producer during the marketing year with respect to which the petition is filed has decreased compared to the average price for the commodity received by the producer in the 3 marketing years preceding that marketing year; or
(bb) the county level price maintained by the Secretary for the agricultural commodity on the date on which the petition is filed has decreased compared to the average county level price for the commodity in the 3 marketing years preceding the date on which the petition is filed; and
(iii) the producer is not receiving—
(I) cash benefits under part 2 or 3; or
(II) benefits based on the production of an agricultural commodity covered by another petition filed under this part.
(B) Special rule with respect to crops not grown every year
For purposes of subparagraph (A)(ii)(II)(aa), if a petition is filed with respect to an agricultural commodity that is not produced by the producer every year, an agricultural commodity producer producing that commodity may establish the average price received for the commodity by the producer in the 3 marketing years preceding the year with respect to which the petition is filed by using average price data for the 3 most recent marketing years in which the producer produced the commodity and for which data are available.
(2) Limitations based on adjusted gross income
(A) In general
Notwithstanding any other provision of this part, an agricultural commodity producer shall not be eligible for assistance under this part in any year in which the average adjusted gross income (as defined in
(B) Demonstration of compliance
An agricultural commodity producer shall provide to the Secretary such information as the Secretary determines necessary to demonstrate that the producer is in compliance with the limitation under subparagraph (A).
(C) Counter-cyclical and acre payments
The total amount of payments made to an agricultural commodity producer under this part during any crop year may not exceed the limitations on payments set forth in subsections (b)(2), (b)(3), (c)(2), and (c)(3) of
(b) Technical assistance
(1) Initial technical assistance
(A) In general
An agricultural commodity producer that files an application and meets the requirements under subsection (a)(1) shall be entitled to receive initial technical assistance designed to improve the competitiveness of the production and marketing of the agricultural commodity with respect to which the producer was certified under this part. Such assistance shall include information regarding—
(i) improving the yield and marketing of that agricultural commodity; and
(ii) the feasibility and desirability of substituting one or more alternative agricultural commodities for that agricultural commodity.
(B) Transportation and subsistence expenses
(i) In general
The Secretary may authorize supplemental assistance necessary to defray reasonable transportation and subsistence expenses incurred by an agricultural commodity producer in connection with initial technical assistance under subparagraph (A) if such assistance is provided at facilities that are not within normal commuting distance of the regular place of residence of the producer.
(ii) Exceptions
The Secretary may not authorize payments to an agricultural commodity producer under clause (i)—
(I) for subsistence expenses that exceed the lesser of—
(aa) the actual per diem expenses for subsistence incurred by the producer; or
(bb) the prevailing per diem allowance rate authorized under Federal travel regulations; or
(II) for travel expenses that exceed the prevailing mileage rate authorized under the Federal travel regulations.
(2) Intensive technical assistance
A producer that has completed initial technical assistance under paragraph (1) shall be eligible to participate in intensive technical assistance. Such assistance shall consist of—
(A) a series of courses to further assist the producer in improving the competitiveness of the producer in producing—
(i) the agricultural commodity with respect to which the producer was certified under this part; or
(ii) another agricultural commodity; and
(B) assistance in developing an initial business plan based on the courses completed under subparagraph (A).
(3) Initial business plan
(A) Approval by Secretary
The Secretary shall approve an initial business plan developed under paragraph (2)(B) if the plan—
(i) reflects the skills gained by the producer through the courses described in paragraph (2)(A); and
(ii) demonstrates how the producer will apply those skills to the circumstances of the producer.
(B) Financial assistance for implementing initial business plan
Upon approval of the producer's initial business plan by the Secretary under subparagraph (A), a producer shall be entitled to an amount not to exceed $4,000 to—
(i) implement the initial business plan; or
(ii) develop a long-term business adjustment plan under paragraph (4).
(4) Long-term business adjustment plan
(A) In general
A producer that has completed intensive technical assistance under paragraph (2) and whose initial business plan has been approved under paragraph (3)(A) shall be eligible for, in addition to the amount under subparagraph (C), assistance in developing a long-term business adjustment plan.
(B) Approval of long-term business adjustment plans
The Secretary shall approve a long-term business adjustment plan developed under subparagraph (A) if the Secretary determines that the plan—
(i) includes steps reasonably calculated to materially contribute to the economic adjustment of the producer to changing market conditions;
(ii) takes into consideration the interests of the workers employed by the producer; and
(iii) demonstrates that the producer will have sufficient resources to implement the business plan.
(C) Plan implementation
Upon approval of the producer's long-term business adjustment plan under subparagraph (B), a producer shall be entitled to an amount not to exceed $8,000 to implement the long-term business adjustment plan.
(c) Maximum amount of assistance
An agricultural commodity producer may receive not more than $12,000 under paragraphs (3) and (4) of subsection (b) in the 36-month period following certification under
(d) Limitations on other assistance
An agricultural commodity producer that receives benefits under this part (other than initial technical assistance under subsection (b)(1)) shall not be eligible for cash benefits under part 2 or 3.
(
Amendment of Section
For termination of amendment by section 1893 of
Amendments
2009—
2004—Subsec. (a)(1).
Subsec. (a)(1)(A).
Subsec. (b)(2).
Effective and Termination Dates of 2009 Amendment
Except as otherwise provided and subject to certain applicability provisions, amendment by
Except as otherwise provided, amendment by
Termination Date
Except as otherwise provided, technical assistance and financial assistance may not be provided under this section after Feb. 12, 2011, see section 285 of
§2401f. Fraud and recovery of overpayments
(a) In general
(1) Repayment
If 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, or has expended funds received under this part for a purpose that was not approved by the Secretary, such person shall be liable to repay such amount to the Secretary, except that the Secretary may waive such repayment if the Secretary determines, in accordance with guidelines prescribed by the Secretary, that—
(A) the payment was made without fault on the part of such person; and
(B) requiring such repayment would be contrary to equity and good conscience.
(2) Recovery of overpayment
Unless an overpayment is otherwise recovered, or waived under paragraph (1), the Secretary shall recover the overpayment by deductions from any sums payable to such person under this part.
(b) False statement
A person shall, in addition to any other penalty provided by law, be ineligible for any further payments under this part—
(1) if the Secretary, or a court of competent jurisdiction, determines that the person—
(A) knowingly has made, or caused another to make, a false statement or representation of a material fact; or
(B) knowingly has failed, or caused another to fail, to disclose a material fact; and
(2) as a result of such false statement or representation, or of such nondisclosure, such person has received any payment under this part to which the person was not entitled.
(c) Notice and determination
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) of this section by the Secretary has been made, notice of the determination and an opportunity for a fair hearing thereon has been given to the person concerned, and the determination has become final.
(d) Payment to Treasury
Any amount recovered under this section shall be returned to the Treasury of the United States.
(e) Penalties
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 shall be fined not more than $10,000 or imprisoned for not more than 1 year, or both.
(
Amendment of Section
For termination of amendment by section 1893 of
Amendments
2009—Subsec. (a)(1).
Effective and Termination Dates of 2009 Amendment
Except as otherwise provided and subject to certain applicability provisions, amendment by
Except as otherwise provided, amendment by
Termination Date
Except as otherwise provided, technical assistance and financial assistance may not be provided under this section after Feb. 12, 2011, see section 285 of
§2401g. Authorization of appropriations
(a) In general
There are authorized to be appropriated and there are appropriated to the Department of Agriculture not to exceed $10,400,000 for the 6-week period beginning January 1, 2011, and ending February 12, 2011, to carry out the purposes of this part, including administrative costs, and salaries and expenses of employees of the Department of Agriculture.
(b) Proportionate reduction
If in any year the amount appropriated under this part is insufficient to meet the requirements for adjustment assistance payable under this part, the amount of assistance payable under this part shall be reduced proportionately.
(
Amendment of Section
For termination of amendment by section 1893 of
Amendments
2010—Subsec. (a).
2009—Subsec. (a).
2007—Subsec. (a).
Effective Date of 2010 Amendment
Amendment by
Effective and Termination Dates of 2009 Amendment
Except as otherwise provided and subject to certain applicability provisions, amendment by
Except as otherwise provided, amendment by
Effective Date of 2007 Amendment
Amendment by
Termination Date
Except as otherwise provided, technical assistance and financial assistance may not be provided under this section after Feb. 12, 2011, see section 285 of