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19 U.S.C. § 2345a — Financial assistance
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source location: Title 19, Chapter 12, § 2345a; chapter-012-trade-act-of-1974.md
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**(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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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2344
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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) Subject matter of study** Whenever the Commission begins an investigation under [section 2252 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2252&num=0&edition=prelim) with respect to an industry, the Commission shall immediately notify the Secretary of such investigation, and the Secretary shall immediately begin a study of—
(1) the number of firms in the domestic industry producing the like or directly competitive article which have been or are likely to be certified as eligible for adjustment assistance, and
(2) the extent to which the orderly adjustment of such firms to the import competition may be facilitated through the use of existing programs.
**(b) Report; publication** The report of the Secretary of the study under subsection (a) shall be made to the President not later than 15 days after the day on which the Commission makes its report under [section 2252(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2252/f&num=0&edition=prelim). Upon making its report to the President, the Secretary shall also promptly make it public (with the exception of information which the Secretary determines to be confidential) and shall have a summary of it published in the Federal Register.
**(c) Information to firms** Whenever the Commission makes an affirmative finding under [section 2252(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2252/b&num=0&edition=prelim) that increased imports are a substantial cause of serious injury or threat thereof with respect to an industry, the Secretary shall make available, to the extent feasible, full information to the firms in such industry about programs which may facilitate the orderly adjustme
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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 633
TITLE 19—CUSTOMS DUTIES
§ 2346
1 See References in Text note below.
2 See Application of Subsection (b) note below.
§ 2345a. Omitted
Editorial Notes
CODIFICATION
Section, Pub. L. 93–618, title II, § 255A, as added Pub.
L. 112–40, title II, § 221(a)(1), Oct. 21, 2011, 125 Stat. 409,
and Pub. L. 114–27, title IV, § 402(b), (c), June 29, 2015,
129 Stat. 374, was omitted in view of the reversion of
this part, effective July 1, 2021, to provisions in effect
on Jan. 1, 2014, by section 406 of Pub. L. 114–27, set out
as a note preceding section 2271 of this title. Prior to
omission, section 2345a read as follows:
‘‘§ 2345a. Annual report on trade adjustment assistance
for firms
‘‘(a) IN GENERAL.—Not later than December 15, 2012,
and annually thereafter, the Secretary shall prepare a
report containing data regarding the trade adjustment
assistance for firms program under this part for the
preceding fiscal year. The data shall include the fol-
lowing:
‘‘(1) The number of firms that inquired about the
program.
‘‘(2) The number of petitions filed under section 2341
of this title.
‘‘(3) The number of petitions certified and denied by
the Secretary.
‘‘(4) The average time for processing petitions after
the petitions are filed.
‘‘(5) The number of petitions filed and firms cer-
tified for each congressional district of the United
States.
‘‘(6) Of the number of petitions filed, the number of
firms that entered the program and received benefits.
‘‘(7) The number of firms that received assistance in
preparing their petitions.
‘‘(8) The number of firms that received assistance
developing business recovery plans.
‘‘(9) The number of business recovery plans ap-
proved and denied by the Secretary.
‘‘(10) The average duration of benefits received
u
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