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19 U.S.C. § 2341 — Omitted

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19 U.S.C. § 2341 — Omitted

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Source location: Title 19, Chapter 12, § 2341; chapter-012-trade-act-of-1974.md

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### 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 benefits under this part. “(B) The number of workers receiving each type of benefit, including training, trade readjustment allowances (including such allowances classified by payments under paragraphs (1) and (3) of [section 2293(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2293/a&num=0&edition=prelim), and [section 2293(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2293/f&num=0&edition=prelim), respectively) and payments under [section 2318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2318&num=0&edition=prelim), employment and case management services, and relocation and job search allowances, and, to the extent feasible, credits for health insurance costs under [section 35 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section35&num=0&edition=prelim). “(C) The average time during which such workers receive each such type of benefit. “(D) The average number of weeks trade readjustment allowances were paid to workers. “(E) The number of workers who report that they have received benefits under a prior certification issued under this part in any of the 10 fiscal years preceding the fiscal year for which the data is collected under this section. “(3) Data on training.—“(A) The number of workers who received training approved under [section 2296 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2296&num=0&edition=prelim), classified by major types of training, including classroom training, training through distance learning, training leading to an associate’s degree, remedial education, prerequisite education, on-the-job training, and customized training. “(B) The number of workers who exited training approved under [section 2296 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2296&num=0&edition=prelim), including who received pre-layoff training or part-time training at any time during that training. “(C) The average duration of training, and the average duration of training that does not include remedial or prerequisite education. “(D) The number of training waivers granted under [section 2291(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2291/c&num=0&edition=prelim), classified by type of waiver. “(E) The number of workers who exited training and the average duration of such training. “(F) The number of workers who do not exit training and the average duration of the training that was completed by such workers. “(G) The average cost per worker of receiving training approved under [section 2296 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2296&num=0&edition=prelim). “(H) The percentage of workers who received training approved under [section 2296 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2296&num=0&edition=prelim) and obtained unsubsidized employment in a field related to that training. “(4) Data on outcomes.—“(A) A summary of the annual reports required under [section 2311(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2311/j&num=0&edition=prelim). “(B) A summary of the data on workers in the annual reports required under [section 2311(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2311/j&num=0&edition=prelim) classified by the age, pre-program educational level, and post-program credential attainment of the workers. “(C) The median earnings of workers described in [section 2311(j)(2)(A)(i)(III) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2311/j/2/A/i/III&num=0&edition=prelim) during the second calendar quarter after exit from the program, expressed as a percentage of the median earnings of such workers before the calendar quarter in which such workers began receiving benefits under this part. “(D) 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 [section 2271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2271&num=0&edition=prelim). “(6) Data on spending.—“(A) The total amount of funds used to pay for trade readjustment allowances, in the aggregate and by each State. “(B) The total amount of the payments to the States to carry out sections 2295 through 2298 of this title used for training, in the aggregate and for each State. “(C) The total amount of payments to the States to carry out sections 2295 through 2298 of this title used for the costs of administration, in the aggregate and for each State. “(D) The total amount of payments to the States to carry out sections 2295 through 2298 of this title used for job search and relocation allowances, in the aggregate and for each State. “(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 February 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 [section 2296(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2296/a/2&num=0&edition=prelim); and “(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 reports required under [section 2311(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2311/j&num=0&edition=prelim); “(C) the data collected under this section, in a searchable format; and “(D) 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 an annual basis.”

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2271 — Monitoring, modification, and termination of action

**(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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19 U.S.C. § 2318 — 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 or pursuant to an agreement under [section 2311 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2311&num=0&edition=prelim) shall be fined not more than $1,000 or imprisoned for not more than one year, or both.

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26 U.S.C. § 35 — Health insurance costs of eligible individuals

**(a) In general** In the case of an individual, there shall be allowed as a credit against the tax imposed by subtitle A an amount equal to 72.5 percent of the amount paid by the taxpayer for coverage of the taxpayer and qualifying family members under qualified health insurance for eligible coverage months beginning in the taxable year. **(b) Eligible coverage month** For purposes of this section— (1) **In general** — The term “eligible coverage month” means any month if— (A) as of the first day of such month, the taxpayer— (i) is an eligible individual, (ii) is covered by qualified health insurance, the premium for which is paid by the taxpayer, (iii) does not have other specified coverage, and (iv) is not imprisoned under Federal, State, or local authority, and (B) such month begins more than 90 days after the date of the enactment of the Trade Act of 2002, and before January 1, 2022. (2) **Joint returns** — In the case of a joint return, the requirements of paragraph (1)(A) shall be treated as met with respect to any month if at least 1 spouse satisfies such requirements. **(c) Eligible individual** For purposes of this section— (1) **In general** — The term “eligible individual” means— (A) an eligible TAA recipient, (B) an eligible alternative TAA recipient, and (C) an eligible PBGC pension recipient. (2) **Eligible TAA recipient** (A) *In general* — Except as provided in subparagraph (B), the term “eligible TAA recipient” means, with respect to any month, any individual who is receiving for any day of such month a trade readjustment allowance under chapter 2 of title II of the Trade Act of 1974 or who would be eligible to receive such allowance if section 231 of such Act were applied without regard to subsection (a)(3)(

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19 U.S.C. § 2296 — Employment services

The Secretary shall make every reasonable effort to secure for adversely affected workers covered by a certification under subpart A of this part counseling, testing, and placement services, and supportive and other services, provided for under any other Federal law, including the services provided through one-stop delivery systems described in [section 2864(c) of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2864/c&num=0&edition=prelim). The Secretary shall, whenever appropriate, procure such services through agreements with the States.

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15 U.S.C. § 636 — Additional powers

**(a) Loans to small business concerns; allowable purposes; qualified business; restrictions and limitations** The Administration is empowered to the extent and in such amounts as provided in advance in appropriation Acts to make loans for plant acquisition, construction, conversion, or expansion, including the acquisition of land, material, supplies, equipment, and working capital, and to make loans to any qualified small business concern, including those owned by qualified Indian tribes, for purposes of this chapter. Such financings may be made either directly or in cooperation with banks or other financial institutions through agreements to participate on an immediate or deferred (guaranteed) basis. These powers shall be subject, however, to the following restrictions, limitations, and provisions: (1) **In general.—** (A) *Credit elsewhere.—* (i) *In general.—* — The Administrator has the authority to direct, and conduct oversight for, the methods by which lenders determine whether a borrower is able to obtain credit elsewhere. No financial assistance shall be extended pursuant to this subsection if the applicant can obtain credit elsewhere. No immediate participation may be purchased unless it is shown that a deferred participation is not available; and no direct financing may be made unless it is shown that a participation is not available. (ii) *Liquidity.—* — On and after October 1, 2015, the Administrator may not guarantee a loan under this subsection if the lender determines that the borrower is unable to obtain credit elsewhere solely because the liquidity of the lender depends upon the guaranteed portion of the loan being sold on the secondary market. (B) *Background checks.—* — Prior to the approval of any loan made pursuant to this subsecti

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19 U.S.C. § 2273 — 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 and with the Governor of the State in which such workers’ firm or subdivision is located by any of the following: (A) The group of workers (including workers in an agricultural firm or subdivision of any agricultural firm). (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 ([29 U.S.C. 2801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2801&num=0&edition=prelim))),11 See References in Text note below. including State employment security agencies, or the State dislocated worker unit established under title I of such Act,1 on behalf of such workers. (2) Upon receipt of a petition filed under paragraph (1), the Governor shall— (A) ensure that rapid response assistance and appropriate core and intensive services (as described in section 134 of the Workforce Investment Act of 1998 ([29 U.S.C. 2864](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2864&num=0&edition=prelim))) 1 authorized under other Federal laws are made available to the workers covered by the petition to the extent authorized under such laws; and (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 that the Secretary has received

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19 U.S.C. § 2344 — Approval of adjustment proposals

**(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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19 U.S.C. § 2345 — 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 [section 2341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2341&num=0&edition=prelim). (2) Assistance to a certified firm in developing a proposal for its economic adjustment. (3) Assistance to a certified firm in the implementation of such a proposal. **(b) Utilization of existing agencies, private individuals, etc., in furnishing assistance; grants to intermediary organizations** (1) The Secretary shall furnish technical assistance under this part through existing agencies and through private individuals, firms, or institutions (including private consulting services), or by grants to intermediary organizations (including Trade Adjustment Assistance Centers). (2) In the case of assistance furnished through private individuals, firms, or institutions (including private consulting services), the Secretary may share the cost thereof (but not more than 75 percent of such cost for assistance described in paragraph (2) or (3) of subsection (a) may be borne by the United States). (3) The Secretary may make grants to intermediary organizations in order to defray up to 100 percent of administrative expenses incurred in providing such technical assistance to a firm.

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19 U.S.C. § 2345a — Financial assistance

**(a) Direct loans and guarantees of loans** The Secretary may provide to a firm, on such terms and conditions as he determines to be appropriate, such financial assistance in the form of direct loans or guarantees of loans as in his judgment will materially contribute to the economic adjustment of the firm. The assumption of an outstanding indebtedness of the firm, with or without recourse, shall be considered to be the making of a loan for purposes of this section. **(b) Allowable purposes** Loans or guarantees of loans shall be made under this part only for the purpose of making funds available to the firm— (1) for acquisition, construction, installation, modernization, development, conversion, or expansion of land, plant, buildings, equipment, facilities, or machinery, or (2) to supply such working capital as may be necessary to enable the firm to implement its adjustment proposal. **(c) Limitation on direct loans** No direct loan may be provided to a firm under this part if the firm can obtain loan funds from private sources (with or without a guarantee) at a rate no higher than the maximum interest per annum that a participating financial institution may establish on guaranteed loans made pursuant to [section 636(a) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section636/a&num=0&edition=prelim). **(d) Limitations on loans and guarantees** Notwithstanding any other provision of this part, no direct loans or guarantees of loans may be made under this part after April 7, 1986.

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19 U.S.C. § 2346 — Conditions for financial assistance

**(a) Unavailability of firm’s resources; reasonable assurance of repayment** No financial assistance shall be provided under this part unless the Secretary determines— (1) that the funds required are not available from the firm’s own resources; and (2) that there is reasonable assurance of repayment of the loan. **(b) Interest rates** (1) The rate of interest on direct loans made under this part shall be— (A) a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods of maturity that are comparable to the average maturities of such loans, adjusted to the nearest one-eighth of 1 percent, plus (B) an amount adequate in the judgment of the Secretary of Commerce to cover administrative costs and probable losses under the program. (2) The Secretary may not guarantee any loan under this part if— (A) the rate of interest on either the portion to be guaranteed, or the portion not to be guaranteed, is determined by the Secretary to be excessive when compared with other loans bearing Federal guarantees and subject to similar terms and conditions, and (B) the interest on the loan is exempt from Federal income taxation under [section 103 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section103&num=0&edition=prelim). **(c) Maturity of loans** The Secretary shall make no loan or guarantee of a loan under [section 2344(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2344/b/1&num=0&edition=prelim) having a maturity in excess of 25 years or the useful life of the fixed assets (whichever period is shorter), including renewals and extensions; and shall mak

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