19 USC CHAPTER 12, SUBCHAPTER II, Part 4, subpart a: trade adjustment assistance for communities

From Title 19—CUSTOMS DUTIESCHAPTER 12—TRADE ACT OF 1974SUBCHAPTER II—RELIEF FROM INJURY CAUSED BY IMPORT COMPETITIONPart 4—Trade Adjustment Assistance for Communities

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 section 2401 of this title.

(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 section 2371b(b)(2) of this title.

(4) Eligible community

The term "eligible community" means a community that the Secretary has determined under section 2371b(b)(1) of this title is eligible to apply for assistance under this subpart.

(5) Secretary

The term "Secretary" means the Secretary of Commerce.

(Pub. L. 93–618, title II, §271, as added Pub. L. 111–5, div. B, title I, §1872(a), Feb. 17, 2009, 123 Stat. 401.)

Termination of Section

For termination of section by section 1893 of Pub. L. 111–5, see Effective and Termination Dates note below.

Prior Provisions

A prior section 2371, Pub. L. 93–618, title II, §271, Jan. 3, 1975, 88 Stat. 2035, related to petitions and determinations and terminated Sept. 30, 1982, pursuant to section 285 of Pub. L. 93–618, set out as a Termination Date note preceding section 2271 of this title, prior to the general amendment of this part by Pub. L. 111–5.

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 Pub. L. 111–5, set out as an Effective and Termination Dates of 2009 Amendment note under section 2271 of this title.

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 Pub. L. 111–5, set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title.

Except as otherwise provided, technical assistance and grants may not be provided under this section after Feb. 12, 2011, see section 285 of Pub. L. 93–618, set out as a Termination Date note preceding section 2271 of this title.

Purpose

Pub. L. 111–5, div. B, title I, §1871, Feb. 17, 2009, 123 Stat. 401, provided that: "The purpose of the amendments made by this part [part III (§§1871–1873) of subtitle I of title I of div. B of Pub. L. 111–5, enacting this part and amending section 2395 of this title and section 1581 of Title 28, Judiciary and Judicial Procedure] is to assist communities impacted by trade with economic adjustment through the coordination of Federal, State, and local resources, the creation of community-based development strategies, and the development and provision of programs that meet the training needs of workers covered by certifications under section 223 [probably means section 223 of Pub. L. 93–618, which is classified to section 2273 of this title]."

§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 section 2371c of this title to communities impacted by trade to facilitate the economic adjustment of those communities; and

(2) award grants to communities impacted by trade to carry out strategic plans developed under section 2371e of this title.

(Pub. L. 93–618, title II, §272, as added Pub. L. 111–5, div. B, title I, §1872(a), Feb. 17, 2009, 123 Stat. 401.)

Termination of Section

For termination of section by section 1893 of Pub. L. 111–5, see Effective and Termination Dates note below.

Prior Provisions

A prior section 272 of Pub. L. 93–618 was classified to section 2372 of this title prior to the general amendment of this part by Pub. L. 111–5.

Effective and Termination Dates

§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 section 2273 of this title;

(B) by the Secretary of Commerce that a firm located in the community is eligible to apply for adjustment assistance under section 2341 of this title; or

(C) by the Secretary of Agriculture that a group of agricultural commodity producers in the community is eligible to apply for adjustment assistance under section 2401b of this title.

(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 section 2273 of this title;

(B) by the Secretary of Commerce, upon making a determination that a firm in the State is eligible for assistance under section 2341 of this title; and

(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 section 2401b of this title.

(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.

(Pub. L. 93–618, title II, §273, as added Pub. L. 111–5, div. B, title I, §1872(a), Feb. 17, 2009, 123 Stat. 401.)

Termination of Section

For termination of section by section 1893 of Pub. L. 111–5, see Effective and Termination Dates note below.

Prior Provisions

A prior section 273 of Pub. L. 93–618 was classified to section 2373 of this title prior to the general amendment of this part by Pub. L. 111–5.

Effective and Termination Dates

§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 section 2371e of this title to address economic adjustment and workforce dislocation in the community, including unemployment among agricultural commodity producers.

(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.

(Pub. L. 93–618, title II, §274, as added Pub. L. 111–5, div. B, title I, §1872(a), Feb. 17, 2009, 123 Stat. 403.)

Termination of Section

For termination of section by section 1893 of Pub. L. 111–5, see Effective and Termination Dates note below.

Prior Provisions

A prior section 274 of Pub. L. 93–618 was classified to section 2374 of this title prior to the general amendment of this part by Pub. L. 111–5.

Effective and Termination Dates

§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 section 2371e of this title.

(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 section 2371e(a)(1)(A) of this title and approved by the Secretary under section 2371e(a)(1)(B) of this title; and

(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 section 2372 of this title or a Sector Partnership Grant under section 2373 of this title while the eligible community is seeking a grant under this section, the eligible community shall include in the grant application a description of how the eligible community will integrate any projects or programs carried out using a grant under this section with any projects or programs that may be carried out using such other grants.

(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).

(Pub. L. 93–618, title II, §275, as added Pub. L. 111–5, div. B, title I, §1872(a), Feb. 17, 2009, 123 Stat. 403; amended Pub. L. 111–344, title I, §101(c)(5), Dec. 29, 2010, 124 Stat. 3613.)

Termination of Section

For termination of section by section 1893 of Pub. L. 111–5, see Effective and Termination Dates note below.

Amendments

2010—Subsec. (f). Pub. L. 111–344 substituted "and annually thereafter" for "2011" in introductory provisions.

Effective Date of 2010 Amendment

Amendment by Pub. L. 111–344 effective Jan. 1, 2011, see section 101(d) of Pub. L. 111–344, set out as a note preceding section 2271 of this title.

Effective and Termination Dates

¹ So in original.

§2371e. Strategic plans

(a) In general

(1) Development

An eligible community that intends to apply for a grant under section 2371d of this title shall—

(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 section 2832 of title 29;

(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 section 2371f(c) of this title, the Secretary may make available, to provide grants to eligible communities under paragraph (1), not more than—

(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.

(Pub. L. 93–618, title II, §276, as added Pub. L. 111–5, div. B, title I, §1872(a), Feb. 17, 2009, 123 Stat. 404; amended Pub. L. 111–344, title I, §101(c)(6), Dec. 29, 2010, 124 Stat. 3613.)

Termination of Section

For termination of section by section 1893 of Pub. L. 111–5, see Effective and Termination Dates note below.

Amendments

2010—Subsec. (c)(2). Pub. L. 111–344 amended par. (2) generally. Prior to amendment, text read as follows: "Of the funds appropriated pursuant to section 2371f(c) of this title, the Secretary may make available not more than $25,000,000 for each of the fiscal years 2009 and 2010, and $6,250,000 for the period beginning October 1, 2010, and ending December 31, 2010, to provide grants to eligible communities under paragraph (1)."

Effective Date of 2010 Amendment

Amendment by Pub. L. 111–344 effective Jan. 1, 2011, see section 101(d) of Pub. L. 111–344, set out as a note preceding section 2271 of this title.

Effective and Termination Dates

§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 section 2371e of this title;

(B) establishing specific guidelines for the submission and evaluation of grant applications under section 2371d of this title; and

(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.

(Pub. L. 93–618, title II, §277, as added Pub. L. 111–5, div. B, title I, §1872(a), Feb. 17, 2009, 123 Stat. 405; amended Pub. L. 111–344, title I, §101(c)(7), Dec. 29, 2010, 124 Stat. 3613.)

Termination of Section

For termination of section by section 1893 of Pub. L. 111–5, see Effective and Termination Dates note below.

Amendments

2010—Subsec. (c)(1). Pub. L. 111–344, §101(c)(7)(A), amended par. (1) generally. Prior to amendment, text read as follows: "There are authorized to be appropriated to the Secretary $150,000,000 for each of the fiscal years 2009 and 2010, and $37,500,000 for the period beginning October 1, 2010, and ending December 31, 2010, to carry out this subpart."

Subsec. (c)(2)(A). Pub. L. 111–344, §101(c)(7)(B), substituted "February 12, 2011" for "December 31, 2010".

Effective Date of 2010 Amendment

Amendment by Pub. L. 111–344 effective Jan. 1, 2011, see section 101(d) of Pub. L. 111–344, set out as a note preceding section 2271 of this title.

Effective and Termination Dates

¹ So in original.