19 U.S.C. § 2331 — Repealed. Pub. L. 107–210, div. A, title I,

Page 625 TITLE 19—CUSTOMS DUTIES § 2331 payments under paragraphs (1) and (3) of section 2293(a) of this title, and section 2293(f) of this title, respectively) and payments under section 2318 of this title, employment and case management serv- ices, and relocation and job search allowances, and, to the extent feasible, credits for health insurance costs under section 35 of title 26. ‘‘(C) The average time during which such workers receive each such type of benefit. ‘‘(D) The average number of weeks trade readjust- ment 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 col- lected under this section. ‘‘(3) DATA ON TRAINING.— ‘‘(A) The number of workers who received train- ing approved under section 2296 of this title, classi- fied by major types of training, including classroom training, training through distance learning, train- ing leading to an associate’s degree, remedial edu- cation, prerequisite education, on-the-job training, and customized training. ‘‘(B) The number of workers who exited training approved under section 2296 of this title, including who received pre-layoff training or part-time train- ing at any time during that training. ‘‘(C) The average duration of training, and the av- erage duration of training that does not include re- medial or prerequisite education. ‘‘(D) The number of training waivers granted under section 2291(c) of this title, 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. ‘‘(H) The percentage of workers who received training approved under section 2296 of this title 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. ‘‘(B) A summary of the data on workers in the an- nual reports required under section 2311(j) of this title 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 during the second calendar quarter after exit from the pro- gram, expressed as a percentage of the median earn- ings 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. ‘‘(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 aggre- gate 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 sub- section (b), the Secretary shall classify the data by in- dustry, 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 in- cludes— ‘‘(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; and ‘‘(3) any recommendations of the Secretary with re- spect 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 avail- able to the public, by publishing on the website of the Department of Labor and by other means, as appro- priate— ‘‘(A) the report required under subsection (d); ‘‘(B) the reports required under section 2311(j) of this title; ‘‘(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 re- quired 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.’’ SUBPART D—NAFTA TRANSITIONAL ADJUSTMENT ASSISTANCE PROGRAM § 2331. Repealed. Pub. L. 107–210, div. A, title I, § 123(a), Aug. 6, 2002, 116 Stat. 944 Section, Pub. L. 93–618, title II, § 250, as added Pub. L. 103–182, title V, § 502, Dec. 8, 1993, 107 Stat. 2149; amend- ed Pub. L. 105–277, div. J, title I, § 1012(b), Oct. 21, 1998, 112 Stat. 2681–901; Pub. L. 106–113, div. B, § 1000(a)(5) [title VII, § 702(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–319, established a NAFTA transitional adjust- ment assistance program. Editorial Notes PRIOR PROVISIONS A prior section 250 of Pub. L. 93–618, title II, Jan. 3, 1975, 88 Stat. 2029, provided for judicial review for work- ers or groups aggrieved by a final determination by the Secretary under section 2273 of this title, and was clas- sified to section 2322 of this title, prior to repeal by Pub. L. 96–417. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 107–210, div. A, title I, § 123(c), Aug. 6, 2002, 116 Stat. 944, provided that: ‘‘(1) IN GENERAL.—The amendments made by this sec- tion [amending sections 2275 and 2395 of this title and repealing this subpart and section 2322 of this title] shall apply with respect to petitions filed under chapter 2 of title II of the Trade Act of 1974 [this part], on or after the date that is 90 days after the date of enact- ment of this Act [Aug. 6, 2002]. ‘‘(2) WORKERS CERTIFIED AS ELIGIBLE BEFORE EFFEC- TIVE DATE.—Notwithstanding subsection (a), a worker receiving benefits under chapter 2 of title II of the Trade Act of 1974 shall continue to receive (or be eligi- ble to receive) benefits and services under chapter 2 of title II of the Trade Act of 1974, as in effect on the day before the amendments made by this section take ef- fect under subsection (a), for any week for which the Page 626 TITLE 19—CUSTOMS DUTIES § 2341 worker meets the eligibility requirements of such chap- ter 2 as in effect on such date.’’ PART 3—ADJUSTMENT ASSISTANCE FOR FIRMS Statutory Notes and Related Subsidiaries TERMINATION DATE Except as otherwise provided, 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. § 2341. Petitions and determinations (a) Filing of petition; receipt of petition; initi- ation 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 ‘‘Sec- retary’’) 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 re- ceived the petition and initiated an investiga- tion. (b) Public hearing If the petitioner, or any other person, organi- zation, or group found by the Secretary to have a substantial interest in the proceedings, sub- mits not later than 10 days after the date of the Secretary’s publication under subsection (a) a request for a hearing, the Secretary shall pro- vide for a public hearing and afford such inter- ested persons an opportunity to be present, to produce evidence, and to be heard. (c) Certification (1) The Secretary shall certify a firm (includ- ing 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 to- tally 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 arti- cle that accounted for not less than 25 per- cent 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 abso- lutely, and (C) increases of imports of articles like or di- rectly competitive with articles which are pro- duced by such firm contributed importantly to such total or partial separation, or threat thereof, and to such decline in sales or produc- tion. (2) For purposes of paragraph (1)(C)— (A) The term ‘‘contributed importantly’’ means a cause which is important but not nec- essarily more important than any other cause. (B)(i) Any firm which engages in exploration or drilling for oil or natural gas shall be con- sidered to be a firm producing oil or natural gas. (ii) Any firm that engages in exploration or drilling for oil or natural gas, or otherwise produces oil or natural gas, shall be considered to be producing articles directly competitive with imports of oil and with imports of nat- ural gas. (d) Allowable period for determination A determination shall be made by the Sec- retary as soon as possible after the date on which the petition is filed under this section, but in any event not later than 60 days after that date. (Pub. L. 93–618, title II, § 251, Jan. 3, 1975, 88 Stat. 2030; Pub. L. 99–272, title XIII, § 13002(b), Apr. 7, 1986, 100 Stat. 300; Pub. L. 100–418, title I, § 1421(a)(2), (b)(2), Aug. 23, 1988, 102 Stat. 1243, 1244; Pub. L. 111–5, div. B, title I, §§ 1861(a), (c), 1862, 1863, 1867(a), Feb. 17, 2009, 123 Stat. 396, 397, 400; 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—Subsec. (a). Pub. L. 111–5, §§ 1861(a), 1867(a)(1), 1893, temporarily inserted ‘‘or service sector firm’’ after ‘‘agricultural firm’’ and substituted ‘‘the Secretary has’’ for ‘‘he has’’. See Codification note above and Ef- fective and Termination Dates of 2009 Amendment note below. Subsec. (c)(1). Pub. L. 111–5, §§ 1861(a), 1893, tempo- rarily inserted ‘‘or service sector firm’’ after ‘‘agricul- tural firm’’ in introductory provisions. See Codifica- tion note above and Effective and Termination Dates of 2009 Amendment note below.