19 U.S.C. § 2401g — Authorization of appropriations

Page 658 TITLE 19—CUSTOMS DUTIES § 2401g 1 See Application of Subsection (a) note below. § 2401g. Authorization of appropriations (a) In general There are authorized to be appropriated and there are appropriated to the Department of Ag- riculture not to exceed $90,000,000 for each of the fiscal years 2003 through 2007 to carry out the purposes of this part, and there are authorized to be appropriated and there are appropriated to the Department of Agriculture to carry out this part $9,000,000 for the 3-month period beginning on October 1, 2007.1 (b) Proportionate reduction If in any year the amount appropriated under this part is insufficient to meet the require- ments for adjustment assistance payable under this part, the amount of assistance payable under this part shall be reduced proportionately. (Pub. L. 93–618, title II, § 298, as added Pub. L. 107–210, div. A, title I, § 141(a), Aug. 6, 2002, 116 Stat. 952; amended Pub. L. 110–89, § 1(c), Sept. 28, 2007, 121 Stat. 982; Pub. L. 111–5, div. B, title I, § 1887, Feb. 17, 2009, 123 Stat. 420; Pub. L. 111–344, title I, § 101(c)(12), Dec. 29, 2010, 124 Stat. 3614; Pub. L. 112–40, title II, §§ 201(b), (c), 223(b), Oct. 21, 2011, 125 Stat. 403, 413; Pub. L. 114–27, title IV, §§ 402(b), (c), 403(d)(3), 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 L. 112–40, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub.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 Termination Dates of 2015 Revival notes below. Section 1893 of Pub. L. 111–5, which provided for Feb. 13, 2011, termination of amendment by Pub. L. 111–5, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 111–5 and Pub. L. 111–344 and as in effect on Feb. 12, 2011, were temporarily revived, effec- tive Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See 2009, 2010, and 2011 Amendment notes, Effective and Termination Dates of 2009 Amend- ment notes, Effective Date of 2010 Amendment note, and Effective and Termination Dates of 2011 Revival notes below. AMENDMENTS 2015—Pub. L. 114–27, §§ 402(b), (c), 406, temporarily re- vived the provisions of this section, as in effect on Dec. 31, 2013. See Codification note above and 2011 Amend- ment and Effective and Termination Dates of 2015 Re- vival notes below. Subsec. (a). Pub. L. 114–27, §§ 403(d)(3), 406, tempo- rarily substituted ‘‘fiscal years 2015 through 2021’’ for ‘‘fiscal years 2012 and 2013, and $22,500,000 for the 3- month period beginning on October 1, 2013, and ending on December 31, 2013’’. See Codification note above and Effective and Termination Dates of 2015 Revival note below. 2011—Pub. L. 112–40, §§ 201(b), (c), 233, temporarily re- vived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 and 2010 Amendment and Effective and Termination Dates of 2011 Revival notes below. Subsec. (a). Pub. L. 112–40, §§ 223(b), 233, temporarily struck out ‘‘and there are appropriated’’ after ‘‘to be appropriated’’ and temporarily substituted ‘‘not to ex- ceed $90,000,000 for each of the fiscal years 2012 and 2013, and $22,500,000 for the 3-month period beginning on Oc- tober 1, 2013, and ending on December 31, 2013’’ for ‘‘not to exceed $10,400,000 for the 6-week period beginning January 1, 2011, and ending February 12, 2011’’. See Codification note above and Effective and Termination Dates of 2011 Revival note below. 2010—Subsec. (a). Pub. L. 111–344 substituted ‘‘$10,400,000 for the 6-week period beginning January 1, 2011, and ending February 12, 2011’’ for ‘‘$90,000,000 for each of the fiscal years 2009 and 2010, and $22,500,000 for the period beginning October 1, 2010, and ending Decem- ber 31, 2010’’. See Codification note above. 2009—Subsec. (a). Pub. L. 111–5, §§ 1887, 1893, tempo- rarily substituted ‘‘fiscal years 2009 and 2010, and $22,500,000 for the period beginning October 1, 2010, and ending December 31, 2010, to carry out the purposes of this part, including administrative costs, and salaries and expenses of employees of the Department of Agri- culture.’’ for ‘‘fiscal years 2003 through 2007 to carry out the purposes of this part, and there are authorized to be appropriated and there are appropriated to the Department of Agriculture to carry out this part $9,000,000 for the 3-month period beginning on October 1, 2007.’’ See Codification note above and Effective and Termination Dates of 2009 Amendment note below. 2007—Subsec. (a). Pub. L. 110–89 inserted before period at end ‘‘, and there are authorized to be appropriated and there are appropriated to the Department of Agri- culture to carry out this part $9,000,000 for the 3-month period beginning on October 1, 2007’’. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 2015 REVIVAL For revival and applicability, beginning on June 29, 2015, of the provisions of this section as in effect on Dec. 31, 2013, see section 402(b), (c) of Pub. L. 114–27, set out as a note preceding section 2271 of this title. For reversion, beginning on July 1, 2021, to the provi- sions of this section as in effect on Jan. 1, 2014, with certain exceptions and subject to section 406(b) of Pub. L. 114–27, see section 406 of Pub. L. 114–27, set out as a note preceding section 2271 of this title. EFFECTIVE AND TERMINATION DATES OF 2011 REVIVAL For revival and applicability, beginning on Oct. 21, 2011, of the provisions of this section as in effect on Feb. 12, 2011, see section 201(b), (c) of Pub. L. 112–40, set out as a note preceding section 2271 of this title. Section 233 of Pub. L. 112–40, formerly set out as a note preceding section 2271 of this title, which provided for the reversion, beginning on Jan. 1, 2014, of the provi- sions of this section to those in effect on Feb. 13, 2011, subject to certain exceptions, was repealed by Pub. L. 114–27, title IV, § 402(a), June 29, 2015, 129 Stat. 374, effec- tive June 29, 2015. See Codification note above. 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 OF 2009 AMENDMENT Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period begin- Page 659 TITLE 19—CUSTOMS DUTIES § 2411 ning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 not ap- plicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codifica- tion note above. EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–89 effective Oct. 1, 2007, see section 1(e) of Pub. L. 110–89, set out as a note under section 2317 of this title. TERMINATION DATE Except as otherwise provided, technical assistance and financial assistance may not be provided under this part after June 30, 2022, see section 285 of Pub. L. 93–618, as modified by section 406(a)(7) of Pub. L. 114–27, set out as notes preceding section 2271 of this title. APPLICATION OF SUBSECTION (a) Subsection (a) of this section to be applied and ad- ministered by substituting ‘‘the 1-year period begin- ning on July 1, 2021’’ for ‘‘each of the fiscal years’’ and all that follows through ‘‘October 1, 2007’’, see section 406(a)(6) of Pub. L. 114–27, set out in an Effective and Termination Dates of 2015 Revival note preceding sec- tion 2271 of this title. SUBCHAPTER III—ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE AGREEMENTS AND RESPONSE TO CER- TAIN FOREIGN TRADE PRACTICES § 2411. Actions by United States Trade Rep- resentative (a) Mandatory action (1) If the United States Trade Representative determines under section 2414(a)(1) of this title that— (A) the rights of the United States under any trade agreement are being denied; or (B) an act, policy, or practice of a foreign country— (i) violates, or is inconsistent with, the provisions of, or otherwise denies benefits to the United States under, any trade agree- ment, or (ii) is unjustifiable and burdens or re- stricts United States commerce; the Trade Representative shall take action au- thorized in subsection (c), subject to the specific direction, if any, of the President regarding any such action, and shall take all other appropriate and feasible action within the power of the President that the President may direct the Trade Representative to take under this sub- section, to enforce such rights or to obtain the elimination of such act, policy, or practice. Ac- tions may be taken that are within the power of the President with respect to trade in any goods or services, or with respect to any other area of pertinent relations with the foreign country. (2) The Trade Representative is not required to take action under paragraph (1) in any case in which— (A) the Dispute Settlement Body (as defined in section 3531(5) of this title) has adopted a report, or a ruling issued under the formal dis- pute settlement proceeding provided under any other trade agreement finds, that— (i) the rights of the United States under a trade agreement are not being denied, or (ii) the act, policy, or practice— (I) is not a violation of, or inconsistent with, the rights of the United States, or (II) does not deny, nullify, or impair ben- efits to the United States under any trade agreement; or (B) the Trade Representative finds that— (i) the foreign country is taking satisfac- tory measures to grant the rights of the United States under a trade agreement, (ii) the foreign country has— (I) agreed to eliminate or phase out the act, policy, or practice, or (II) agreed to an imminent solution to the burden or restriction on United States commerce that is satisfactory to the Trade Representative, (iii) it is impossible for the foreign country to achieve the results described in clause (i) or (ii), as appropriate, but the foreign coun- try agrees to provide to the United States compensatory trade benefits that are satis- factory to the Trade Representative, (iv) in extraordinary cases, where the tak- ing of action under this subsection would have an adverse impact on the United States economy substantially out of proportion to the benefits of such action, taking into ac- count the impact of not taking such action on the credibility of the provisions of this subchapter, or (v) the taking of action under this sub- section would cause serious harm to the na- tional security of the United States. (3) Any action taken under paragraph (1) to eliminate an act, policy, or practice shall be de- vised so as to affect goods or services of the for- eign country in an amount that is equivalent in value to the burden or restriction being imposed by that country on United States commerce. (b) Discretionary action If the Trade Representative determines under section 2414(a)(1) of this title that— (1) an act, policy, or practice of a foreign country is unreasonable or discriminatory and burdens or restricts United States commerce, and (2) action by the United States is appro- priate, the Trade Representative shall take all appropriate and feasible action authorized under subsection (c), subject to the specific di- rection, if any, of the President regarding any such action, and all other appropriate and fea- sible action within the power of the President that the President may direct the Trade Rep- resentative to take under this subsection, to obtain the elimination of that act, policy, or practice. Actions may be taken that are with- in the power of the President with respect to trade in any goods or services, or with respect to any other area of pertinent relations with the foreign country. (c) Scope of authority (1) For purposes of carrying out the provisions of subsection (a) or (b) or section 2416(c) of this