19 U.S.C. § 2355 — Assistance to industries

Page 640 TITLE 19—CUSTOMS DUTIES § 2354 § 2354. Study by Secretary of Commerce when International Trade Commission begins in- vestigation; action where there is affirmative finding (a) Subject matter of study Whenever the Commission begins an investiga- tion under section 2252 of this title with respect to an industry, the Commission shall imme- diately notify the Secretary of such investiga- tion, and the Secretary shall immediately begin a study of— (1) the number of firms in the domestic in- dustry producing the like or directly competi- tive article which have been or are likely to be certified as eligible for adjustment assistance, and (2) the extent to which the orderly adjust- ment 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. Upon making its report to the President, the Secretary shall also promptly make it public (with the exception of informa- tion which the Secretary determines to be con- fidential) and shall have a summary of it pub- lished in the Federal Register. (c) Information to firms Whenever the Commission makes an affirma- tive finding under section 2252(b) of this title that increased imports are a substantial cause of serious injury or threat thereof with respect to an industry, the Secretary shall make avail- able, to the extent feasible, full information to the firms in such industry about programs which may facilitate the orderly adjustment to import competition of such firms, and he shall provide assistance in the preparation and proc- essing of petitions and applications of such firms for program benefits. (Pub. L. 93–618, title II, § 264, Jan. 3, 1975, 88 Stat. 2035; Pub. L. 100–418, title I, § 1401(b)(1)(B), Aug. 23, 1988, 102 Stat. 1239; temporarily renumbered § 261, Pub. L. 111–5, div. B, title I, § 1864(a)(2), Feb. 17, 2009, 123 Stat. 397, and Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403, and 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 Source credit of Pub. L. 93–618 reflects the July 1, 2021, reversion to section number in effect on Jan. 1, 2014. See Effective and Termination Dates of 2015 Re- vival note below. Section 233 of Pub. L. 112–40, which provided for the Jan. 1, 2014, revival of the numbering 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 re- numbering of this section, as in effect on Dec. 31, 2013, was temporarily revived, effective June 29, 2015, until July 1, 2021, by Pub. L. 114–27, §§ 402(b), (c), 406. See Ef- fective and Termination Dates of 2015 Revival notes below. Section 1893 of Pub. L. 111–5, which provided for Feb. 13, 2011, termination of renumbering by Pub. L. 111–5, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the renumbering of this section by Pub. L. 111–5 was temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See Effective and Termination Dates of 2011 Re- vival notes below. AMENDMENTS 1988—Subsec. (a). Pub. L. 100–418 substituted ‘‘section 2252’’ for ‘‘section 2251’’. Subsec. (b). Pub. L. 100–418 substituted ‘‘section 2252(f)’’ for ‘‘section 2251’’. Subsec. (c). Pub. L. 100–418 substituted ‘‘section 2252(b)’’ for ‘‘section 2251(b)’’. 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 1988 AMENDMENT Amendment by Pub. L. 100–418 effective Aug. 23, 1988, and applicable with respect to investigations initiated under part 1 (§ 2251 et seq.) of this subchapter on or after that date, see section 1401(c) of Pub. L. 100–418, set out as a note under section 2251 of this title. TERMINATION DATE Except as otherwise provided, technical assistance and grants may not be provided under this part after June 30, 2022, see section 285 of Pub. L. 93–618, as modi- fied by section 406(a) of Pub. L. 114–27, set out as notes preceding section 2271 of this title. § 2355. Assistance to industries (a) Technical assistance The Secretary may provide technical assist- ance, on such terms and conditions as the Sec- retary deems appropriate, for the establishment of industrywide programs for new product devel- opment, new process development, export devel- opment, or other uses consistent with the pur- poses of this part. Such technical assistance may be provided through existing agencies, pri- vate individuals, firms, universities and institu- tions, and by grants, contracts, or cooperative agreements to associations, unions, or other nonprofit industry organizations in which a sub- Page 641 TITLE 19—CUSTOMS DUTIES § 2356 stantial number of firms or workers have been certified as eligible to apply for adjustment as- sistance under section 2273 or 2341 of this title. (b) Expenditures Expenditures for technical assistance under this section may be up to $10,000,000 annually per industry and shall be made under such terms and conditions as the Secretary deems appro- priate. (Pub. L. 93–618, title II, § 265, as added Pub. L. 97–35, title XXV, § 2527, Aug. 13, 1981, 95 Stat. 893; amended Pub. L. 98–369, div. B, title VI, § 2673, July 18, 1984, 98 Stat. 1172; temporarily renum- bered § 262, Pub. L. 111–5, div. B, title I, § 1864(a)(2), Feb. 17, 2009, 123 Stat. 397, and Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403, and 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 Source credit of Pub. L. 93–618 reflects the July 1, 2021, reversion to section number in effect on Jan. 1, 2014. See Effective and Termination Dates of 2015 Re- vival note below. Section 233 of Pub. L. 112–40, which provided for the Jan. 1, 2014, revival of the numbering 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 re- numbering of this section, as in effect on Dec. 31, 2013, was temporarily revived, effective June 29, 2015, until July 1, 2021, by Pub. L. 114–27, §§ 402(b), (c), 406. See Ef- fective and Termination Dates of 2015 Revival notes below. Section 1893 of Pub. L. 111–5, which provided for Feb. 13, 2011, termination of renumbering by Pub. L. 111–5, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, and the renumbering of this section by Pub. L. 111–5 was temporarily revived, effective Oct. 21, 2011, until Jan. 1, 2014, by Pub. L. 112–40, §§ 201(b), (c), 233. See Effective and Termination Dates of 2011 Re- vival notes below. AMENDMENTS 1984—Subsec. (a). Pub. L. 98–369, § 2673(1), inserted ‘‘or workers’’ after ‘‘of firms’’ and inserted reference to sec- tion 2273 of this title. Subsec. (b). Pub. L. 98–369, § 2673(2), substituted ‘‘$10,000,000’’ for ‘‘$2,000,000’’. 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 Section effective Aug. 13, 1981, except as otherwise provided with respect to applications for adjustment assistance, see section 2529 of Pub. L. 97–35, set out as an Effective Date of 1981 Amendment note under sec- tion 2343 of this title. TERMINATION DATE Except as otherwise provided, technical assistance and grants may not be provided under this part after June 30, 2022, see section 285 of Pub. L. 93–618, as modi- fied by section 406(a) of Pub. L. 114–27, set out as notes preceding section 2271 of this title. § 2356. Repealed. Pub. L. 112–40, title II, § 221(a)(3), Oct. 21, 2011, 125 Stat. 410 Section, Pub. L. 111–5, div. B, title I, § 1866, Feb. 17, 2009, 123 Stat. 399, required the Secretary of Commerce to submit and publish an annual report on trade adjust- ment assistance for firms and proscribed the release of certain confidential business information. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 112–40, title II, § 221(a)(3), Oct. 21, 2011, 125 Stat. 410, provided that the repeal of this section is ef- fective on the day after the date on which the Sec- retary of Commerce submits the report required by this section for fiscal year 2011 [report submitted Dec. 15, 2011]. PART 4—TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES Editorial Notes CODIFICATION Section 1893 of Pub. L. 111–5, which provided for Feb. 13, 2011, termination of general amendment of this part 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 part, as amended by Pub. L. 111–5 and as in effect on Feb. 12, 2011, were revived, effective Oct. 21, 2011, by Pub. L. 112–40, § 201(b), (c). See Amendment of Part notes below. AMENDMENT OF PART Pub. L. 112–40, title II, § 222(a)(1), (2), Oct. 21, 2011, 125 Stat. 411, amended this part by striking out subparts A ‘‘Trade Adjustment Assistance for Communities’’ (§ 2371 et seq.), C ‘‘Industry or Sector Partnership Grant Pro- gram for Communities Impacted by Trade’’ (§ 2373 et seq.), and D ‘‘General Provisions’’ (§ 2374) and designa- tion and heading of subpart B ‘‘Community College and Career Training Grant Program’’ (§ 2372 et seq.). Pub. L. 112–40, title II, § 201(b), (c), Oct. 21, 2011, 125 Stat. 403, revived the provisions of this part, as in ef- fect on Feb. 12, 2011. See Codification note above and note below. Pub. L. 111–5, div. B, title I, § 1872(a), Feb. 17, 2009, 123 Stat. 401, temporarily generally amended this part. See Codification note above. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REVIVAL For revival and applicability of provisions as in effect on Feb. 12, 2011, see section 201(b), (c) of Pub. L. 112–40,