19 U.S.C. § 2342 — Approval of adjustment proposals

Page 627 TITLE 19—CUSTOMS DUTIES § 2342 Subsec. (c)(1)(B). Pub. L. 111–5, §§ 1862, 1893, tempo- rarily amended subpar. (B) generally. Prior to amend- ment, subpar. (B) read as follows: ‘‘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’’. See Codification note above and Effective and Termi- nation Dates of 2009 Amendment note below. Subsec. (c)(1)(C). Pub. L. 111–5, §§ 1861(c)(1), 1893, tem- porarily inserted ‘‘or services’’ after ‘‘imports of arti- cles’’ and ‘‘or services which are supplied’’ after ‘‘pro- duced’’. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (c)(2)(B)(ii). Pub. L. 111–5, §§ 1861(c)(2), 1893, temporarily amended cl. (ii) generally. Prior to amend- ment, cl. (ii) read as follows: ‘‘Any firm that engages in exploration or drilling for oil or natural gas, or other- wise produces oil or natural gas, shall be considered to be producing articles directly competitive with imports of oil and with imports of natural gas.’’ See Codifica- tion note above and Effective and Termination Dates of 2009 Amendment note below. Subsec. (d). Pub. L. 111–5, §§ 1867(a)(2), 1893, tempo- rarily substituted ‘‘40 days’’ for ‘‘60 days’’. See Codi- fication note above and Effective and Termination Dates of 2009 Amendment note below. Subsecs. (e), (f). Pub. L. 111–5, §§ 1863, 1893, tempo- rarily added subsecs. (e) and (f). See Codification note above and Effective and Termination Dates of 2009 Amendment note below. 1988—Subsec. (c). Pub. L. 100–418, § 1421(a)(2), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: ‘‘The Secretary shall certify a firm (in- cluding any agricultural firm) as eligible to apply for adjustment assistance under this part if he deter- mines— ‘‘(1) 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 par- tially separated. ‘‘(2) that— ‘‘(A) sales or production, or both, of the firm have decreased absolutely, or ‘‘(B) 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 ‘‘(3) that increases of imports of articles like or di- rectly competitive with articles produced by such firm contributed importantly to such total or partial separation, or threat thereof, and to such decline in sales or production. For purposes of paragraph (3), the term ‘contributed importantly’ means a cause which is important but not necessarily more important than any other cause.’’ Subsec. (c)(1)(C). Pub. L. 100–418, § 1421(b)(2), directed the general amendment of subpar. (C) adding provisions relating to provision of essential goods or services by such firm, which amendment did not become effective pursuant to section 1430(d) of Pub. L. 100–418, as amend- ed, set out as an Effective Date note under section 2397 of this title. 1986—Subsecs. (a), (c). Pub. L. 99–272, § 13002(b)(1), in- serted ‘‘(including any agricultural firm)’’ after ‘‘firm’’. Subsec. (c)(2). Pub. L. 99–272, § 13002(b)(2), amended par. (2) generally, designating existing provisions as subpar. (A), substituting ‘‘of the firm have decreased absolutely, or’’ for ‘‘of such firm have decreased abso- lutely, and’’, and adding subpar. (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 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 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)(7) of Pub. L. 114–27, set out as notes preceding section 2271 of this title. § 2342. Approval of adjustment proposals (a) Application for adjustment assistance A firm certified under section 2341 of this title 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 con- sists of technical assistance. The Secretary shall approve a firm’s application for adjustment as- sistance 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 in- terests 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. Page 628 TITLE 19—CUSTOMS DUTIES § 2343 (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 eli- gibility 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. (Pub. L. 93–618, title II, § 252, Jan. 3, 1975, 88 Stat. 2030; Pub. L. 99–272, title XIII, § 13006(a)(1), (2), Apr. 7, 1986, 100 Stat. 304.) Editorial Notes AMENDMENTS 1986—Subsec. (b)(1). Pub. L. 99–272, § 13006(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘Adjustment assistance under this part consists of technical assistance and financial as- sistance, which may be furnished singly or in combina- tion. The Secretary shall approve a firm’s application for adjustment assistance only if he determines— ‘‘(A) that the firm has no reasonable access to fi- nancing through the private capital market, and ‘‘(B) that the firm’s adjustment proposal— ‘‘(i) is reasonably calculated materially to con- tribute to the economic adjustment of the firm, ‘‘(ii) gives adequate consideration to the interests of the workers of such firm, and ‘‘(iii) demonstrates that the firm will make all reasonable efforts to use its own resources for eco- nomic development.’’ Subsecs. (c), (d). Pub. L. 99–272, § 13006(a)(2), redesig- nated subsec. (d) as (c) and struck out former subsec. (c) which authorized the Secretary to assist an eligible firm in the preparation of a viable adjustment pro- posal. Statutory Notes and Related Subsidiaries 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)(7) of Pub. L. 114–27, set out as notes preceding section 2271 of this title. § 2343. Technical assistance (a) Discretion of Secretary; types of assistance The Secretary may provide a firm, on terms and conditions as the Secretary determines to be appropriate, with such technical assistance as in his judgment will carry out the purposes of this part with respect to the firm. The technical assistance furnished under this part may consist of one or more of the following: (1) Assistance to a firm in preparing its peti- tion for certification of eligibility under sec- tion 2341 of this title. (2) Assistance to a certified firm in devel- oping a proposal for its economic adjustment. (3) Assistance to a certified firm in the im- plementation of such a proposal. (b) Utilization of existing agencies, private indi- viduals, etc., in furnishing assistance; grants to intermediary organizations (1) The Secretary shall furnish technical as- sistance under this part through existing agen- cies and through private individuals, firms, or institutions (including private consulting serv- ices), or by grants to intermediary organizations (including Trade Adjustment Assistance Cen- ters). (2) In the case of assistance furnished through private individuals, firms, or institutions (in- cluding private consulting services), the Sec- retary may share the cost thereof (but not more than 75 percent of such cost for assistance de- scribed in paragraph (2) or (3) of subsection (a) may be borne by the United States). (3) The Secretary may make grants to inter- mediary organizations in order to defray up to 100 percent of administrative expenses incurred in providing such technical assistance to a firm. (Pub. L. 93–618, title II, § 253, Jan. 3, 1975, 88 Stat. 2031; Pub. L. 97–35, title XXV, § 2521, Aug. 13, 1981, 95 Stat. 890; Pub. L. 99–272, title XIII, § 13006(a)(3), Apr. 7, 1986, 100 Stat. 304; Pub. L. 111–5, div. B, title I, § 1867(b), Feb. 17, 2009, 123 Stat. 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)(3). Pub. L. 111–5, §§ 1867(b), 1893, which directed the temporary substitution of ‘‘to a cer- tified firm’’ for ‘‘of a certified firm’’, could not be exe- cuted because ‘‘of a certified firm’’ did not appear. See Codification note above and Effective and Termination Dates of 2009 Amendment note below. 1986—Subsec. (b)(2). Pub. L. 99–272 substituted ‘‘such cost for assistance described in paragraph (2) or (3) of subsection (a)’’ for ‘‘such cost’’. 1981—Subsec. (a). Pub. L. 97–35 amended subsec. (a) generally, incorporating provisions formerly contained in subsec. (b) and, in those provisions, substituted dis- cretionary language for non-discretionary language re-