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19 U.S.C. § 2349 — Administration of financial assistance
Federal law — U.S. Code and appendices · legal_authorities
**(a) Powers of Secretary** In making and administering guarantees and loans under [section 2344 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2344&num=0&edition=prelim), the Secretary may—
(1) require security for any such guarantee or loan, and enforce, waive, or subordinate such security;
(2) assign or sell at public or private sale, or otherwise dispose of, upon such terms and conditions and for such consideration as he shall determine to be reasonable, any evidence of debt, contract, claim, personal property, or security assigned to or held by him in connection with such guarantees or loans, and collect, compromise, and obtain deficiency judgments with respect to all obligations assigned to or held by him in connection with such guarantees or loans until such time as such obligations may be referred to the Attorney General for suit or collection;
(3) renovate, improve, modernize, complete, insure, rent, sell, or otherwise deal with, upon such terms and conditions and for such consideration as he shall determine to be reasonable, any real or personal property conveyed to or otherwise acquired by him in connection with such guarantees or loans;
(4) acquire, hold, transfer, release, or convey any real or personal property or any interest therein whenever deemed necessary or appropriate, and execute all legal documents for such purposes; and
(5) exercise all such other powers and take all such other acts as may be necessary or incidental to the carrying out of functions pursuant to [section 2344 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2344&num=0&edition=prelim).
**(b) Recordation of mortgages** Any mortgage acquired as security under subsection (a) shall be recorded un
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Source file: Laws/federal/codes/united-states-code/title-19/section-2349-administration-of-financial-assistance--7a2b08e1be.md
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Source location: Title 19, Chapter 12, § 2349; chapter-012-trade-act-of-1974.md
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**(a) Powers of Secretary** In making and administering guarantees and loans under [section 2344 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2344&num=0&edition=prelim), the Secretary may—
(1) require security for any such guarantee or loan, and enforce, waive, or subordinate such security;
(2) assign or sell at public or private sale, or otherwise dispose of, upon such terms and conditions and for such consideration as he shall determine to be reasonable, any evidence of debt, contract, claim, personal property, or security assigned to or held by him in connection with such guarantees or loans, and collect, compromise, and obtain deficiency judgments with respect to all obligations assigned to or held by him in connection with such guarantees or loans until such time as such obligations may be referred to the Attorney General for suit or collection;
(3) renovate, improve, modernize, complete, insure, rent, sell, or otherwise deal with, upon such terms and conditions and for such consideration as he shall determine to be reasonable, any real or personal property conveyed to or otherwise acquired by him in connection with such guarantees or loans;
(4) acquire, hold, transfer, release, or convey any real or personal property or any interest therein whenever deemed necessary or appropriate, and execute all legal documents for such purposes; and
(5) exercise all such other powers and take all such other acts as may be necessary or incidental to the carrying out of functions pursuant to [section 2344 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2344&num=0&edition=prelim).
**(b) Recordation of mortgages** Any mortgage acquired as security under subsection (a) shall be recorded under applicable State law.
**(c) Availability of receipts for financing functions** All repayments of loans, payments of interest, and other receipts arising out of transactions entered into by the Secretary pursuant to this part, shall be available for financing functions performed under this part, including administrative expenses in connection with such functions.
**(d) Privileged or confidential information** To the extent the Secretary deems it appropriate, and consistent with the provisions of section 552(b)(4) and [section 552b(c)(4) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552b/c/4&num=0&edition=prelim), that portion of any record, material or data received by the Secretary in connection with any application for financial assistance under this part which contains trade secrets or commercial or financial information regarding the operation or competitive position of any business shall be deemed to be privileged or confidential within the meaning of those provisions.
**(e) Capital assets secured by first lien; exceptions** Direct loans made, or loans guaranteed, under this part for the acquisition or development of real property or other capital assets shall ordinarily be secured by a first lien on the assets to be financed and shall be fully amortized. To the extent that the Secretary finds that exceptions to these standards are necessary to achieve the objectives of this part, he shall develop appropriate criteria for the protection of the interests of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, Pub. L. 93–618, title II, § 249B, as added Pub. L. 111–5, div. B, title I, § 1854(a), Feb. 17, 2009, 123 Stat. 392; as added and amended Pub. L. 112–40, title II, §§ 201(b), (c), 216(b)(1), (3), Oct. 21, 2011, 125 Stat. 403, 407, 409; as added and amended Pub. L. 114–27, title IV, §§ 402(b), (c), 404(b), June 29, 2015, 129 Stat. 374, 376, was omitted in view of the reversion of this part, effective July 1, 2021, to provisions in effect on Jan. 1, 2014, by section 406 of Pub. L. 114–27, set out as a note preceding [section 2271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2271&num=0&edition=prelim). Prior to omission, section 2323 read as follows: “§ 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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Application for adjustment assistance** A firm certified under [section 2341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2341&num=0&edition=prelim) as eligible to apply for adjustment assistance may, at any time within 2 years after the date of such certification, file an application with the Secretary for adjustment assistance under this part. Such application shall include a proposal for the economic adjustment of such firm.
**(b) Technical assistance**
(1) Adjustment assistance under this part consists of technical assistance. The Secretary shall approve a 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Monitoring**
(1) So long as any action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) remains in effect, the Commission shall monitor developments with respect to the domestic industry, including the progress and specific efforts made by workers and firms in the domestic industry to make a positive adjustment to import competition.
(2) If the initial period during which the action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) is in effect exceeds 3 years, or if an extension of such action exceeds 3 years, the Commission shall submit a report on the results of the monitoring under paragraph (1) to the President and to the Congress not later than the date that is the mid-point of the initial period, and of each such extension, during which the action is in effect.
(3) In the course of preparing each report under paragraph (2), the Commission shall hold a hearing at which interested persons shall be given a reasonable opportunity to be present, to produce evidence, and to be heard.
(4) Upon request of the President, the Commission shall advise the President of its judgment as to the probable economic effect on the industry concerned of any reduction, modification, or termination of the action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prelim) which is under consideration.
**(b) Reduction, modification, and termination of action**
(1) Action taken under [section 2253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2253&num=0&edition=prel
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Creation of Trust Fund** There is established in the Treasury of the United States a trust fund to be known as the “Agricultural Disaster Relief Trust Fund”, consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section.
**(b) Transfer to Trust Fund**
(1) **In general** — There are appropriated to the Agricultural Disaster Relief Trust Fund amounts equivalent to 3.08 percent of the amounts received in the general fund of the Treasury of the United States during fiscal years 2008 through 2011 attributable to the duties collected on articles entered, or withdrawn from warehouse, for consumption under the Harmonized Tariff Schedule of the United States.
(2) **Amounts based on estimates** — The amounts appropriated under this section shall be transferred at least monthly from the general fund of the Treasury of the United States to the Agricultural Disaster Relief Trust Fund on the basis of estimates made by the Secretary of the Treasury. Proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.
(3) **Limitation on transfers to Agricultural Disaster Relief Trust Fund** — No amount may be appropriated to the Agricultural Disaster Relief Trust Fund on and after the date of any expenditure from the Agricultural Disaster Relief Trust Fund which is not permitted by this section. The determination of whether an expenditure is so permitted shall be made without regard to—
(A) any provision of law which is not contained or referenced in this subchapter or in a revenue Act, and
(B) whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of t
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary shall coordinate activities relating to the preparation and implementation of comprehensive economic development strategies under this chapter with Federal agencies carrying out other Federal programs, States, economic development districts, Indian tribes, and other appropriate planning and development organizations.
**(b) Meetings**
(1) **In general** — To carry out subsection (a), or for any other purpose relating to economic development activities, the Secretary may convene meetings with Federal agencies, State and local governments, economic development districts, Indian tribes, and other appropriate planning and development organizations.
(2) **Regional commissions**
(A) *In general* — In addition to meetings described in paragraph (1), not later than 1 year after January 4, 2025, and not less frequently than every 2 years thereafter, the Secretary shall convene a meeting with the Regional Commissions in furtherance of subsection (a).
(B) *Attendees* — The attendees for a meeting convened under this paragraph shall consist of—
(i) the Secretary, acting through the Assistant Secretary of Commerce for Economic Development, serving as Chair;
(ii) the Federal Cochairpersons of the Regional Commissions, or their designees; and
(iii) the State Cochairpersons of the Regional Commissions, or their designees.
(C) *Purpose* — The purposes of a meeting convened under this paragraph shall include—
(i) to enhance coordination between the Economic Development Administration and the Regional Commissions in carrying out economic development programs;
(ii) to reduce duplication of efforts by the Economic Development Administration and the Regional Commissions in carrying out economic development programs;
(i
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** In addition to amounts made available under [section 3231 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3231&num=0&edition=prelim), there are authorized to be appropriated such sums as are necessary to carry out [section 3149(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3149/c/1&num=0&edition=prelim), to remain available until expended.
**(b) Pilot projects** Funds made available under subsection (a) may be used for activities including pilot projects for privatization of, and economic development activities for, closed or realigned military or Department of Energy installations.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Filing of petition; receipt of petition; initiation of investigation** A petition for a certification of eligibility to apply for adjustment assistance under this part may be filed with the Secretary of Commerce (hereinafter in this part referred to as the “Secretary”) by a firm (including any agricultural firm) or its representative. Upon receipt of the petition, the Secretary shall promptly publish notice in the Federal Register that he has received the petition and initiated an investigation.
**(b) Public hearing** If the petitioner, or any other person, organization, or group found by the Secretary to have a substantial interest in the proceedings, submits not later than 10 days after the date of the Secretary’s publication under subsection (a) a request for a hearing, the Secretary shall provide for a public hearing and afford such interested persons an opportunity to be present, to produce evidence, and to be heard.
**(c) Certification**
(1) The Secretary shall certify a firm (including any agricultural firm) as eligible to apply for adjustment assistance under this part if the Secretary determines—
(A) that a significant number or proportion of the workers in such firm have become totally or partially separated, or are threatened to become totally or partially separated,
(B) that—
(i) sales or production, or both, of such firm have decreased absolutely, or
(ii) sales or production, or both, of an article that accounted for not less than 25 percent of the total production or sales of the firm during the 12-month period preceding the most recent 12-month period for which data are available have decreased absolutely, and
(C) increases of imports of articles like or directly competitive with articles which are produced by such firm contrib
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Federal law — U.S. Code and appendices · legal_authorities
Page 636
TITLE 19—CUSTOMS DUTIES
§ 2349
ners, or officers shall execute an agreement
binding them and the firm for a period of 2 years
after such financial assistance is provided, to re-
frain from employing, tendering any office or
employment to, or retaining for professional
services any person who, on the date such assist-
ance or any part thereof was provided, or within
1 year prior thereto, shall have served as an offi-
cer, attorney, agent, or employee occupying a
position or engaging in activities which the Sec-
retary shall have determined involve discretion
with respect to the provision of such financial
assistance.
(Pub. L. 93–618, title II, § 258, Jan. 3, 1975, 88 Stat.
2033; temporarily renumbered § 256 and amended
Pub. L. 111–5, div. B, title I, § 1864(a)(2), (c)(1),
Feb. 17, 2009, 123 Stat. 397, 398; Pub. L. 112–40,
title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403;
Pub. L. 114–27, title IV, § 402(b), (c), June 29, 2015,
129 Stat. 374.)
TERMINATION OF ASSISTANCE
For termination of assistance under this part
after June 30, 2022, see Termination Date note
below.
Editorial Notes
CODIFICATION
Section reflects the July 1, 2021, reversion to provi-
sions in effect on Jan. 1, 2014. See Effective and Termi-
nation Dates of 2015 Revival note below.
Section 233 of Pub. L. 112–40, which provided for the
Jan. 1, 2014, revival of this section as in effect on Feb.
13, 2011, was repealed by Pub. L. 114–27, title IV, § 402(a),
June 29, 2015, 129 Stat. 374, and the provisions of this
section, as in effect on Dec. 31, 2013, were temporarily
revived, effective June 29, 2015, until July 1, 2021, by
Pub. L. 114–27, §§ 402(b), (c), 406. See 2011 and 2015
Amendment notes, Effective and Termination Dates of
2011 Revival notes, and Effective and T
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