19 U.S.C. § 2317 — Authorization of appropriations

Page 616 TITLE 19—CUSTOMS DUTIES § 2316 1 See Application of Subsection (a) note below. was repealed by Pub.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 1981 AMENDMENT AND TRANSITION PROVISIONS Amendment by Pub. L. 97–35 effective Aug. 13, 1981, with transition provisions applicable, see section 2514 of Pub. L. 97–35, set out as a note under section 2291 of this title. TERMINATION DATE No trade adjustment assistance, vouchers, allow- ances, or other payments or benefits may be provided under this part after June 30, 2022, except as otherwise provided, 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. § 2316. Penalties Whoever makes a false statement of a mate- rial 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 fur- nished under this part or pursuant to an agree- ment under section 2311 of this title shall be fined not more than $1,000 or imprisoned for not more than one year, or both. (Pub. L. 93–618, title II, § 244, Jan. 3, 1975, 88 Stat. 2026; Pub. L. 111–5, div. B, title I, § 1801(d), Feb. 17, 2009, 123 Stat. 369; 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 L. 112–40, which provided for the Jan. 1, 2014, revival of this section as in effect on Feb. 13, 2011, was repealed by Pub.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 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 as in effect on Feb. 12, 2011, were temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See 2009 and 2011 Amendment notes, Effective and Termi- nation Dates of 2009 Amendment notes, 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. 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 Amend- ment and Effective and Termination Dates of 2011 Re- vival notes below. 2009—Pub. L. 111–5, §§ 1801(d), 1893, temporarily amended section generally. Prior to amendment, text read as follows: ‘‘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 shall be fined not more than $1,000 or imprisoned for not more than one year, or both.’’ See Codification note above and Effective and Termination Dates of 2009 Amendment note below. 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 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- 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. TERMINATION DATE No trade adjustment assistance, vouchers, allow- ances, or other payments or benefits may be provided under this part after June 30, 2022, except as otherwise provided, 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. § 2317. Authorization of appropriations (a) In general There are authorized to be appropriated to the Department of Labor, for the period beginning October 1, 2001, and ending December 31, 2007,1 Page 617 TITLE 19—CUSTOMS DUTIES § 2317 such sums as may be necessary to carry out the purposes of this part. (b) Period of expenditure Funds obligated for any fiscal year to carry out activities under sections 2295 through 2298 of this title may be expended by each State receiv- ing such funds during that fiscal year and the succeeding two fiscal years. (Pub. L. 93–618, title II, § 245, Jan. 3, 1975, 88 Stat. 2026; Pub. L. 97–35, title XXV, § 2510, Aug. 13, 1981, 95 Stat. 888; Pub. L. 98–120, § 2(a), Oct. 12, 1983, 97 Stat. 809; Pub. L. 99–272, title XIII, § 13008(a), Apr. 7, 1986, 100 Stat. 305; Pub. L. 100–418, title I, § 1426(b)(1), Aug. 23, 1988, 102 Stat. 1251; Pub. L. 103–66, title XIII, § 13803(a)(2), Aug. 10, 1993, 107 Stat. 668; Pub. L. 103–182, title V, § 504, Dec. 8, 1993, 107 Stat. 2151; Pub. L. 105–277, div. J, title I, § 1012(a), Oct. 21, 1998, 112 Stat. 2681–900; Pub. L. 106–113, div. B, § 1000(a)(5) [title VII, § 702(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–319; Pub. L. 107–210, div. A, title I, §§ 111(a), 120, Aug. 6, 2002, 116 Stat. 936, 942; Pub. L. 109–280, title XIV, § 1635(f)(3), Aug. 17, 2006, 120 Stat. 1171; Pub. L. 110–89, § 1(a), Sept. 28, 2007, 121 Stat. 982; Pub. L. 111–5, div. B, title I, § 1892(a), Feb. 17, 2009, 123 Stat. 421; Pub. L. 111–344, title I, § 101(c)(2), Dec. 29, 2010, 124 Stat. 3613; Pub. L. 112–40, title II, §§ 201(b), (c), 214(c), 217, Oct. 21, 2011, 125 Stat. 403, 405, 409; Pub. L. 114–27, title IV, §§ 402(b), (c), 403(d)(1), 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)(1), 406, tempo- rarily substituted ‘‘June 30, 2021’’ for ‘‘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, §§ 217, 233, temporarily sub- stituted ‘‘December 31, 2013’’ for ‘‘February 12, 2011’’. See Codification note above and Effective and Termi- nation Dates of 2011 Revival note below. Subsec. (c). Pub. L. 112–40, §§ 214(c), 233, temporarily added subsec. (c). See Codification note above and Ef- fective and Termination Dates of 2011 Revival note below. 2010—Subsec. (a). Pub. L. 111–344 substituted ‘‘Feb- ruary 12, 2011’’ for ‘‘December 31, 2010’’. See Codifica- tion note above. 2009—Subsec. (a). Pub. L. 111–5, §§ 1892(a), 1893, tempo- rarily substituted ‘‘December 31, 2010’’ for ‘‘December 31, 2007’’. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. 2007—Subsec. (a). Pub. L. 110–89 substituted ‘‘Decem- ber 31, 2007’’ for ‘‘September 30, 2007’’. 2006—Subsec. (a). Pub. L. 109–280 struck out ‘‘, other than subpart D’’ before period at end. 2002—Subsec. (a). Pub. L. 107–210, § 111(a), substituted ‘‘October 1, 2001, and ending September 30, 2007,’’ for ‘‘October 1, 1998, and ending September 30, 2001,’’. Subsec. (b). Pub. L. 107–210, § 120, amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: ‘‘There are authorized to be appro- priated to the Department of Labor, for the period be- ginning October 1, 2001, and ending September 30, 2007, such sums as may be necessary to carry out the pur- poses of subpart D of this part.’’ Pub. L. 107–210, § 111(a), substituted ‘‘October 1, 2001, and ending September 30, 2007,’’ for ‘‘October 1, 1998, and ending September 30, 2001,’’. 1999—Subsecs. (a), (b). Pub. L. 106–113 substituted ‘‘September 30, 2001’’ for ‘‘June 30, 1999’’. 1998—Subsec. (a). Pub. L. 105–277, § 1012(a)(1), sub- stituted ‘‘for the period beginning October 1, 1998, and ending June 30, 1999,’’ for ‘‘for each of the fiscal years 1993, 1994, 1995, 1996, 1997, and 1998,’’. Subsec. (b). Pub. L. 105–277, § 1012(a)(2), substituted ‘‘for the period beginning October 1, 1998, and ending June 30, 1999,’’ for ‘‘for each of fiscal years 1994, 1995, 1996, 1997, and 1998,’’. 1993—Pub. L. 103–182 designated existing provisions as subsec. (a), inserted heading and ‘‘, other than subpart D’’ after ‘‘this part’’, and added subsec. (b). Pub. L. 103–66 substituted ‘‘1993, 1994, 1995, 1996, 1997, and 1998’’ for ‘‘1988, 1989, 1990, 1991, 1992, and 1993’’. 1988—Pub. L. 100–418 substituted ‘‘1988, 1989, 1990, 1991, 1992, and 1993’’ for ‘‘1986, 1987, 1988, 1989, 1990, and 1991’’. 1986—Pub. L. 99–272 substituted ‘‘1986, 1987, 1988, 1989, 1990, and 1991’’ for ‘‘1982 through 1985’’. 1983—Pub. L. 98–120 substituted ‘‘each of the fiscal years 1982 through 1985’’ for ‘‘each of fiscal years 1982 and 1983’’. 1981—Pub. L. 97–35 substituted provisions relating to authorization of appropriations for fiscal years 1982 and 1983 for provisions relating to establishment of the Ad- justment Assistance Trust Fund. 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 Page 618 TITLE 19—CUSTOMS DUTIES § 2318 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- 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 Pub. L. 110–89, § 1(e), Sept. 28, 2007, 121 Stat. 982, pro- vided that: ‘‘The amendments made by this section [amending this section and sections 2346 and 2401g of this title and provisions set out as a note preceding sec- tion 2271 of this title] shall be effective as of October 1, 2007.’’ EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–280 applicable with re- spect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after Aug. 17, 2006, see section 1641 of Pub. L. 109–280, set out as a note under section 58c of this title. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–210 applicable to petitions for certification filed under this part or part 3 of this subchapter on or after the date that is 90 days after Aug. 6, 2002, except as otherwise provided, see section 151 of Pub. L. 107–210, set out as a note preceding sec- tion 2271 of this title. EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–113, div. B, § 1000(a)(5) [title VII, § 702(e)], Nov. 29, 1999, 113 Stat. 1536, 1501A–319, provided that: ‘‘The amendments made by this section [amending this section and sections 2331 and 2346 of this title and pro- visions set out as a note preceding section 2271 of this title] shall be effective as of July 1, 1999.’’ EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States (Jan. 1, 1994), see section 506(a) of Pub. L. 103–182, formerly set out as a note under section 2271 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Parts 2 and 3 of this subchapter to be applied as if the amendment of this section by Pub. L. 99–272 had taken effect Dec. 18, 1985, see section 13009(c) of Pub. L. 99–272, set out as a note under section 2291 of this title. EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION PROVISIONS Amendment by Pub. L. 97–35 effective Aug. 13, 1981, with transition provisions applicable, see section 2514 of Pub. L. 97–35, set out as a note under section 2291 of this title. TERMINATION DATE No trade adjustment assistance, vouchers, allow- ances, or other payments or benefits may be provided under this part after June 30, 2022, except as otherwise provided, 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 ‘‘June 30, 2022’’ for ‘‘Decem- ber 31, 2007’’, see section 406(a)(3) of Pub. L. 114–27, set out in an Effective and Termination Dates of 2015 Re- vival note preceding section 2271 of this title. § 2318. Demonstration project for alternative trade adjustment assistance for older work- ers (a) In general (1) Establishment Not later than 1 year after August 6, 2002, the Secretary shall establish an alternative trade adjustment assistance program for older workers that provides the benefits described in paragraph (2). (2) Benefits (A) Payments A State shall use the funds provided to the State under section 2313 of this title to pay, for a period not to exceed 2 years, to a work- er described in paragraph (3)(B), 50 percent of the difference between— (i) the wages received by the worker from reemployment; and (ii) the wages received by the worker at the time of separation. (B) Health insurance A worker described in paragraph (3)(B) participating in the program established under paragraph (1) is eligible to receive, for a period not to exceed 2 years, a credit for health insurance costs under section 35 of title 26, as added by section 201 of the Trade Act of 2002. (3) Eligibility (A) Firm eligibility (i) In general The Secretary shall provide the oppor- tunity for a group of workers on whose be- half a petition is filed under section 2271 of this title to request that the group of workers be certified for the alternative trade adjustment assistance program under this section at the time the petition is filed. (ii) Criteria In determining whether to certify a group of workers as eligible for the alter- native trade adjustment assistance pro- gram, the Secretary shall consider the fol- lowing criteria: (I) Whether a significant number of workers in the workers’ firm are 50 years of age or older. (II) Whether the workers in the work- ers’ firm possess skills that are not eas- ily transferable.