US (United States) Code. Title 19. Chapter 12: Trade Act of 1974

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Custom duties

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EXTENSION OF TERM OF TRADE AND ENVIRONMENT POLICY ADVISORY

COMMITTEE

Term of Trade and Environment Policy Committee extended until

Sept. 30, 1997, by Ex. Ord. No. 12974, Sept. 29, 1995, 60 F.R.

51875, formerly set out under section 14 of the Federal Advisory

Committee Act in the Appendix to Title 5, Government Organization

and Employees.

Term of Trade and Environment Policy Committee extended until

Sept. 30, 1999, by Ex. Ord. No. 13062, Sec. 1(o), Sept. 29, 1997,

62 F.R. 51755, formerly set out under section 14 of the Federal

Advisory Committee Act in the Appendix to Title 5.

Term of Trade and Environment Policy Committee extended until

Sept. 30, 2001, by Ex. Ord. No. 13138, Sept. 30, 1999, 64 F.R.

53879, formerly set out as a note under section 14 of the Federal

Advisory Committee Act in the Appendix to Title 5.

Term of Trade and Environment Policy Committee extended until

Sept. 30, 2003, by Ex. Ord. No. 13225, Sept. 28, 2001, 66 F.R.

50291, set out as a note under section 14 of the Federal Advisory

Committee Act in the Appendix to Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2114, 2154, 2213, 2241,

2242, 2412, 2413, 2414, 2512, 2514, 2547, 2703, 2902, 2903, 3108,

3203, 3313, 3437, 3524, 3533, 3537, 3721, 3803, 3804 of this title;

title 7 section 1748; title 8 section 1184; title 22 section 6062;

title 50 App. section 2405.

-CITE-

19 USC Part 4 - Office of the United States Trade

Representative 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 4 - Office of the United States Trade Representative

.

-HEAD-

Part 4 - Office of the United States Trade Representative

-MISC1-

AMENDMENTS

1983 - Pub. L. 97-456, Sec. 3(d)(3), Jan. 12, 1983, 96 Stat.

2505, substituted ''United States Trade Representative'' for

''Special Representative for Trade Negotiations'' in part 4

heading.

-CITE-

19 USC Sec. 2171 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 4 - Office of the United States Trade Representative

-HEAD-

Sec. 2171. Structure, functions, powers, and personnel

-STATUTE-

(a) Establishment within Executive Office of the President

There is established within the Executive Office of the President

the Office of the United States Trade Representative (hereinafter

in this section referred to as the ''Office'').

(b) United States Trade Representative; Deputy United States Trade

Representatives

(1) The Office shall be headed by the United States Trade

Representative who shall be appointed by the President, by and with

the advice and consent of the Senate. As an exercise of the

rulemaking power of the Senate, any nomination of the United States

Trade Representative submitted to the Senate for confirmation, and

referred to a committee, shall be referred to the Committee on

Finance. The United States Trade Representative shall hold office

at the pleasure of the President, shall be entitled to receive the

same allowances as a chief of mission, and shall have the rank of

Ambassador Extraordinary and Plenipotentiary.

(2) There shall be in the Office three Deputy United States Trade

Representatives and one Chief Agricultural Negotiator who shall be

appointed by the President, by and with the advice and consent of

the Senate. As an exercise of the rulemaking power of the Senate,

any nomination of a Deputy United States Trade Representative or

the Chief Agricultural Negotiator submitted to the Senate for its

advice and consent, and referred to a committee, shall be referred

to the Committee on Finance. Each Deputy United States Trade

Representative and the Chief Agricultural Negotiator shall hold

office at the pleasure of the President and shall have the rank of

Ambassador.

(3) A person who has directly represented, aided, or advised a

foreign entity (as defined by section 207(f)(3) of title 18) in any

trade negotiation, or trade dispute, with the United States may not

be appointed as United States Trade Representative or as a Deputy

United States Trade Representative.

(c) Duties of United States Trade Representative and Deputy United

States Trade Representatives

(1) The United States Trade Representative shall -

(A) have primary responsibility for developing, and for

coordinating the implementation of, United States international

trade policy, including commodity matters, and, to the extent

they are related to international trade policy, direct investment

matters;

(B) serve as the principal advisor to the President on

international trade policy and shall advise the President on the

impact of other policies of the United States Government on

international trade;

(C) have lead responsibility for the conduct of, and shall be

the chief representative of the United States for, international

trade negotiations, including all negotiations on any matter

considered under the auspices of the World Trade Organization,

commodity and direct investment negotiations, in which the United

States participates;

(D) issue and coordinate policy guidance to departments and

agencies on basic issues of policy and interpretation arising in

the exercise of international trade functions, including any

matter considered under the auspices of the World Trade

Organization, to the extent necessary to assure the coordination

of international trade policy and consistent with any other law;

(E) act as the principal spokesman of the President on

international trade;

(F) report directly to the President and the Congress

regarding, and be responsible to the President and the Congress

for the administration of, trade agreements programs;

(G) advise the President and Congress with respect to nontariff

barriers to international trade, international commodity

agreements, and other matters which are related to the trade

agreements programs;

(H) be responsible for making reports to Congress with respect

to matters referred to in subparagraphs (C) and (F);

(I) be chairman of the interagency trade organization

established under section 1872(a) of this title, and shall

consult with and be advised by such organization in the

performance of his functions; and

(J) in addition to those functions that are delegated to the

United States Trade Representative as of August 23, 1988, be

responsible for such other functions as the President may direct.

(2) It is the sense of Congress that the United States Trade

Representative should -

(A) be the senior representative on any body that the President

may establish for the purpose of providing to the President

advice on overall economic policies in which international trade

matters predominate; and

(B) be included as a participant in all economic summit and

other international meetings at which international trade is a

major topic.

(3) The United States Trade Representative may -

(A) delegate any of his functions, powers, and duties to such

officers and employees of the Office as he may designate; and

(B) authorize such successive redelegations of such functions,

powers, and duties to such officers and employees of the Office

as he may deem appropriate.

(4) Each Deputy United States Trade Representative shall have as

his principal function the conduct of trade negotiations under this

chapter and shall have such other functions as the United States

Trade Representative may direct.

(5) The principal function of the Chief Agricultural Negotiator

shall be to conduct trade negotiations and to enforce trade

agreements relating to United States agricultural products and

services. The Chief Agricultural Negotiator shall be a vigorous

advocate on behalf of United States agricultural interests. The

Chief Agricultural Negotiator shall perform such other functions as

the United States Trade Representative may direct.

(d) Unfair trade practices; additional duties of Representative;

advisory committee; definition

(1) In carrying out subsection (c) of this section with respect

to unfair trade practices, the United States Trade Representative

shall -

(A) coordinate the application of interagency resources to

specific unfair trade practice cases;

(B) identify, and refer to the appropriate Federal department

or agency for consideration with respect to action, each act,

policy, or practice referred to in the report required under

section 2241(b) of this title, or otherwise known to the United

States Trade Representative on the basis of other available

information, that may be an unfair trade practice that either -

(i) is considered to be inconsistent with the provisions of

any trade agreement and has a significant adverse impact on

United States commerce, or

(ii) has a significant adverse impact on domestic firms or

industries that are either too small or financially weak to

initiate proceedings under the trade laws;

(C) identify practices having a significant adverse impact on

United States commerce that the attainment of United States

negotiating objectives would eliminate; and

(D) identify, on a biennial basis, those United States

Government policies and practices that, if engaged in by a

foreign government, might constitute unfair trade practices under

United States law.

(2) For purposes of carrying out paragraph (1), the United States

Trade Representative shall be assisted by an interagency unfair

trade practices advisory committee composed of the Trade

Representative, who shall chair the committee, and senior

representatives of the following agencies, appointed by the

respective heads of those agencies:

(A) The Bureau of Economics and Business Affairs of the

Department of State.

(B) The United States and Foreign Commercial Services of the

Department of Commerce.

(C) The International Trade Administration (other than the

United States and Foreign Commercial Service) of the Department

of Commerce.

(D) The Foreign Agricultural Service of the Department of

Agriculture.

The United States Trade Representative may also request the advice

of the United States International Trade Commission regarding the

carrying out of paragraph (1).

(3) For purposes of this subsection, the term ''unfair trade

practice'' means any act, policy, or practice that -

(A) may be a subsidy with respect to which countervailing

duties may be imposed under subtitle A of title VII (19 U.S.C.

1671 et seq.);

(B) may result in the sale or likely sale of foreign

merchandise with respect to which antidumping duties may be

imposed under subtitle B of title VII (19 U.S.C. 1673 et seq.);

(C) may be either an unfair method of competition, or an unfair

act in the importation of articles into the United States, that

is unlawful under section 337 (19 U.S.C. 1337); or

(D) may be an act, policy, or practice of a kind with respect

to which action may be taken under subchapter III of this

chapter.

(e) Powers of United States Trade Representative

The United States Trade Representative may, for the purpose of

carrying out his functions under this section -

(1) subject to the civil service and classification laws,

select, appoint, employ, and fix the compensation of such

officers and employees as are necessary and prescribe their

authority and duties, except that not more than 20 individuals

may be employed without regard to any provision of law regulating

the employment or compensation at rates not to exceed the rate of

pay for level IV of the Executive Schedule in section 5314

(FOOTNOTE 1) of title 5;

(FOOTNOTE 1) So in original. Probably should be section

''5315''.

(2) employ experts and consultants in accordance with section

3109 of title 5 and compensate individuals so employed for each

day (including traveltime) at rates not in excess of the maximum

rate of pay for grade GS-18 as provided in section 5332 of title

5 and while such experts and consultants are so serving away from

their homes or regular place of business, to pay such employees

travel expenses and per diem in lieu of subsistence at rates

authorized by section 5703 of title 5 for persons in Government

service employed intermittently;

(3) promulgate such rules and regulations as may be necessary

to carry out the functions, powers and duties vested in him;

(4) utilize, with their consent, the services, personnel, and

facilities of other Federal agencies;

(5) enter into and perform such contracts, leases, cooperative

agreements, or other transactions as may be necessary in the

conduct of the work of the Office and on such terms as the United

States Trade Representative may deem appropriate, with any agency

or instrumentality of the United States, or with any public or

private person, firm, association, corporation, or institution;

(6) accept voluntary and uncompensated services,

notwithstanding the provisions of section 1342 of title 31;

(7) adopt an official seal, which shall be judicially noticed;

(8) pay for expenses approved by him for official travel

without regard to the Federal Travel Regulations or to the

provisions of subchapter I of chapter 57 of title 5 (relating to

rates of per diem allowances in lieu of subsistence expenses);

(9) accept, hold, administer, and utilize gifts, devises, and

bequests of property, both real and personal, for the purpose of

aiding or facilitating the work of the Office;

(10) acquire, by purchase or exchange, not more than two

passenger motor vehicles for use abroad, except that no vehicle

may be acquired at a cost exceeding $9,500; and

(11) provide, where authorized by law, copies of documents to

persons at cost, except that any funds so received shall be

credited to, and be available for use from, the account from

which expenditures relating thereto were made.

(f) Use of other Federal agencies

The United States Trade Representative shall, to the extent he

deems it necessary for the proper administration and execution of

the trade agreements programs of the United States, draw upon the

resources of, and consult with, Federal agencies in connection with

the performance of his functions.

(g) Authorization of appropriations

(1)(A) There are authorized to be appropriated to the Office for

the purposes of carrying out its functions the following:

(i) $32,300,000 for fiscal year 2003.

(ii) $33,108,000 for fiscal year 2004.

(B) Of the amounts authorized to be appropriated under

subparagraph (A) for any fiscal year -

(i) not to exceed $98,000 may be used for entertainment and

representation expenses of the Office; and

(ii) not to exceed $1,000,000 shall remain available until

expended.

(2) For the fiscal year beginning October 1, 1982, and for each

fiscal year thereafter, there are authorized to be appropriated to

the Office for the salaries of its officers and employees such

additional sums as may be provided by law to reflect pay rate

changes made in accordance with the Federal Pay Comparability Act

of 1970.

(3) By not later than the date on which the President submits to

Congress the budget of the United States Government for a fiscal

year, the United States Trade Representative shall submit to the

Committee on Ways and Means of the House of Representatives and the

Committee on Finance of the Senate the projected amount of funds

for the succeeding fiscal year that will be necessary for the

Office to carry out its functions.

-SOURCE-

(Pub. L. 93-618, title I, Sec. 141, Jan. 3, 1975, 88 Stat. 1999;

Pub. L. 97-456, Sec. 3(a)-(d)(2), Jan. 12, 1983, 96 Stat. 2504,

2505; Pub. L. 98-573, title III, Sec. 304(d)(2)(A), title VII, Sec.

703, Oct. 30, 1984, 98 Stat. 3004, 3043; Pub. L. 99-272, title

XIII, Sec. 13023, Apr. 7, 1986, 100 Stat. 307; Pub. L. 99-514,

title XVIII, Sec. 1887(a)(3), (4), Oct. 22, 1986, 100 Stat. 2923;

Pub. L. 100-203, title IX, Sec. 9504, Dec. 22, 1987, 101 Stat.

1330-382; Pub. L. 100-418, title I, Sec. 1601, Aug. 23, 1988, 102

Stat. 1260; Pub. L. 101-207, Sec. 1(a), Dec. 7, 1989, 103 Stat.

1833; Pub. L. 101-382, title I, Sec. 103(a), Aug. 20, 1990, 104

Stat. 634; Pub. L. 103-465, title VI, Sec. 621(a)(8), Dec. 8, 1994,

108 Stat. 4993; Pub. L. 104-65, Sec. 21(b), Dec. 19, 1995, 109

Stat. 704; Pub. L. 104-295, Sec. 20(f)(1), Oct. 11, 1996, 110 Stat.

3529; Pub. L. 106-36, title I, Sec. 1001(a)(2), June 25, 1999, 113

Stat. 130; Pub. L. 106-200, title IV, Sec. 406, May 18, 2000, 114

Stat. 293; Pub. L. 107-210, div. A, title III, Sec. 361(a), (b),

Aug. 6, 2002, 116 Stat. 991.)

-REFTEXT-

REFERENCES IN TEXT

Subtitles A and B of title VII and section 337, referred to in

subsec. (d)(3)(A) to (C), probably mean subtitles A and B of title

VII and section 337 of the Tariff Act of 1930 which is act June 17,

1930, ch. 497, 46 Stat. 590, as amended. Subtitles A and B of

title VII of the Tariff Act of 1930 are classified generally to

parts I and II (Sec. 1671 et seq. and 1673 et seq., respectively)

of subtitle IV of chapter 4 of this title. Section 337 of the

Tariff Act of 1930 is classified to section 1337 of this title.

For complete classification of this Act to the Code, see section

1654 of this title and Tables.

Subchapter III of this chapter, referred to in subsec. (d)(3)(D),

was in the original ''title III of the Trade Act of 1974'', which

is Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as amended.

Chapter 1 of title III of the Trade Act of 1974 is classified

generally to subchapter III (Sec. 2411 et seq.) of this chapter.

For complete classification of title III to the Code, see Tables.

The civil service laws, referred to in subsec. (e)(1), are set

forth in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

The classification laws, referred to in subsec. (e)(1), are set

forth in chapter 51 (Sec. 5101 et seq.) and subchapter III (Sec.

5331 et seq.) of chapter 53 of Title 5.

The Federal Pay Comparability Act of 1970, referred to in subsec.

(g)(2), is Pub. L. 91-656, Jan. 8, 1971, 84 Stat. 1946, as amended,

which enacted sections 5305 to 5308 and 5947 of Title 5, amended

sections 5108, 5301, and 5942 of Title 5 and section 410 of Title

39, Postal Service, repealed section 5302 of Title 5, and enacted

provisions set out as notes under sections 5303 and 5942 of Title

5, section 60a of Title 2, The Congress, and section 410 of Title

39. For complete classification of the Act to the Code see Short

Title note set out under section 5301 of Title 5 and Tables.

-COD-

CODIFICATION

Section is comprised of section 141 of Pub. L. 93-618. Section

141(b) of Pub. L. 93-618 contains two pars. (3), the first of which

amended sections 5312 and 5314 of Title 5, Government Organization

and Employees.

-MISC3-

AMENDMENTS

2002 - Subsec. (g)(1)(A). Pub. L. 107-210, Sec. 361(a)(1)(A),

struck out ''not to exceed'' after ''functions'' in introductory

provisions.

Subsec. (g)(1)(A)(i). Pub. L. 107-210, Sec. 361(a)(1)(B), added

cl. (i) and struck out former cl. (i) which read as follows:

''$23,250,000 for fiscal year 1991.''

Subsec. (g)(1)(A)(ii). Pub. L. 107-210, Sec. 361(a)(1)(C), added

cl. (ii) and struck out former cl. (ii) which read as follows:

''$21,077,000 for fiscal year 1992.''

Subsec. (g)(1)(B). Pub. L. 107-210, Sec. 361(a)(2), inserted

''and'' at end of cl. (i), redesignated cl. (iii) as (ii), and

struck out former cl. (ii) which read as follows: ''not to exceed

$2,050,000 may be used to pay the United States share of the

expenses of binational panels and extraordinary challenge

committees convened pursuant to chapter 19 of the United

States-Canada Free-Trade Agreement; and''.

Subsec. (g)(3). Pub. L. 107-210, Sec. 361(b), added par. (3).

2000 - Subsec. (b)(2). Pub. L. 106-200, Sec. 406(1), amended par.

(2) generally. Prior to amendment, par. (2) read as follows:

''There shall be in the Office three Deputy United States Trade

Representatives who shall be appointed by the President, by and

with the advice and consent of the Senate. As an exercise of the

rulemaking power of the Senate, any nomination of a Deputy United

States Trade Representative submitted to the Senate for

confirmation, and referred to a committee, shall be referred to the

Committee on Finance. Each Deputy United States Trade

Representative shall hold office at the pleasure of the President

and shall have the rank of Ambassador.''

Subsec. (c)(5). Pub. L. 106-200, Sec. 406(2), added par. (5).

1999 - Subsec. (b)(3). Pub. L. 106-36 struck out ''Limitation on

appointments. - '' after ''(3)'' and realigned margins.

1996 - Subsec. (c)(1)(D). Pub. L. 104-295 struck out comma after

''World Trade Organization,''.

1995 - Subsec. (b)(3). Pub. L. 104-65 added par. (3).

1994 - Subsec. (c)(1)(C). Pub. L. 103-465, Sec. 621(a)(8)(A),

inserted ''all negotiations on any matter considered under the

auspices of the World Trade Organization,'' after ''including''.

Subsec. (c)(1)(D). Pub. L. 103-465, Sec. 621(a)(8)(B), inserted

'', including any matter considered under the auspices of the World

Trade Organization,'' after ''functions''.

1990 - Subsec. (g)(1). Pub. L. 101-382 amended par. (1)

generally. Prior to amendment, par. (1) read as follows:

''(A) There are authorized to be appropriated for fiscal year

1990 to the Office for the purposes of carrying out its functions

not to exceed $19,651,000.

''(B) Of the amounts authorized to be appropriated under

subparagraph (A) for fiscal year 1990 -

''(i) not to exceed $89,000 may be used for entertainment and

representation expenses of the Office; and

''(ii) not to exceed $1,000,000 shall remain available until

expended.''

1989 - Subsec. (g)(1). Pub. L. 101-207, in subpar. (A),

substituted ''1990'' for ''1988'' and ''$19,651,000'' for

''$15,172,000'', and in subpar. (B), substituted ''1990'' for

''1988'' in introductory provisions, and ''$89,000'' for

''$69,000'' in cl. (i).

1988 - Subsec. (c)(1). Pub. L. 100-418, Sec. 1601(a)(1), amended

par. (1) generally. Prior to amendment, par. (1) read as follows:

''The United States Trade Representative shall -

''(A) be the chief representative of the United States for each

trade negotiation under this subchapter or section 2411 of this

title;

''(B) report directly to the President and the Congress, and be

responsible to the President and the Congress for the

administration of trade agreements programs under this chapter,

the Trade Expansion Act of 1962 (19 U.S.C. 1801 et seq.), and

section 1351 of this title;

''(C) advise the President and Congress with respect to

nontariff barriers to international trade, international

commodity agreements, and other matters which are related to the

trade agreements programs;

''(D) be responsible for making reports to Congress with

respect to the matter set forth in subparagraphs (A) and (B);

''(E) be chairman of the interagency trade organization

established pursuant to section 242(a) of the Trade Expansion Act

of 1962 (19 U.S.C. 1872(a)); and

''(F) be responsible for such other functions as the President

may direct.''

Subsec. (c)(2) to (4). Pub. L. 100-418, Sec. 1601(a)(2), (3),

added par. (2) and redesignated former pars. (2) and (3) as (3) and

(4), respectively.

Subsecs. (d) to (g). Pub. L. 100-418, Sec. 1601(b)(1), (2), added

subsec. (d) and redesignated former subsecs. (d) to (f) as (e) to

(g), respectively.

1987 - Subsec. (f)(1). Pub. L. 100-203 amended par. (1)

generally. Prior to amendment, par. (1) read as follows: ''There

are authorized to be appropriated to the Office for the purpose of

carrying out its functions $13,582,000 for fiscal year 1986; of

which not to exceed $80,000 may be used for entertainment and

representation expenses.''

1986 - Subsec. (d)(1). Pub. L. 99-272, Sec. 13023(1), inserted

provision that not more than 20 individuals may be employed without

regard to any provision of law regulating the employment or

compensation at rates not to exceed the rate of pay for level IV of

the Executive Schedule.

Subsec. (d)(6). Pub. L. 99-514, Sec. 1887(a)(3), substituted

''1342 of title 31'' for ''3679(b) of the Revised Statutes (31

U.S.C. 665(b))''.

Subsec. (d)(8), (11). Pub. L. 99-514, Sec. 1887(a)(4),

redesignated the par. (8) relating to the provision of copies of

documents to persons at cost as par. (11).

Subsec. (f)(1). Pub. L. 99-272, Sec. 13023(2), substituted

''$13,582,000 for fiscal year 1986'' for ''$14,179,000 for fiscal

year 1985''.

1984 - Subsec. (d)(6) to (8). Pub. L. 98-573, Sec. 304(d)(2)(A),

which directed that a new par. (8), relating to the provision of

copies of documents to persons at cost, be added to subsec. (d) by

striking out ''and'' at the end of par. (6), substituting ''; and''

for the period at the end of par. (7), and adding the new par. (8)

at the end thereof, was executed by adding the new par. (8)

following par. (10). Amendments to pars. (6) and (7) could not be

executed.

Subsec. (f)(1). Pub. L. 98-573, Sec. 703, substituted provisions

authorizing appropriations of $14,179,000 for fiscal year 1985, of

which not more than $80,000 may be used for entertainment and

representation for provisions authorizing appropriations of

$11,100,000 for fiscal year 1983, of which not more than $65,000

could be used for entertainment and representation expenses.

1983 - Subsec. (a). Pub. L. 97-456, Sec. 3(d)(1)(D), substituted

''United States Trade Representative'' for ''Special Representative

for Trade Negotiations''.

Subsec. (b)(1). Pub. L. 97-456, Sec. 3(d)(1)(D), substituted

''United States Trade Representative'' for ''Special Representative

for Trade Negotiations'' wherever appearing.

Subsec. (b)(2). Pub. L. 97-456, Sec. 3(c), (d)(2)(A), (B),

substituted ''three Deputy United States Trade Representatives''

for ''two Deputy Special Representatives for Trade Negotiations''

after ''in the Office'', ''a Deputy United States Trade

Representative'' for ''a Deputy Special Representative'' after

''any nomination of a'', and ''Deputy United States Trade

Representative'' for ''Deputy Special Representative for Trade

Negotiations'' after ''Each''.

Subsec. (c)(1). Pub. L. 97-456, Sec. 3(d)(1)(D), substituted

''United States Trade Representative'' for ''Special Representative

for Trade Negotiations'' in provisions preceding subpar. (A).

Subsec. (c)(2). Pub. L. 97-456, Sec. 3(b)(1), added par. (2).

Former par. (2) redesignated (3).

Subsec. (c)(3). Pub. L. 97-456, Sec. 3(b)(1), (d)(2)(C), (D),

redesignated former par. (2) as (3) and substituted ''Deputy United

States Trade Representative'' for ''Deputy Special Representative

for Trade Negotiations'' after ''Each'' and ''United States Trade

Representative'' for ''Special Representative for Trade

Negotiations'' after ''such other functions as the''.

Subsec. (d). Pub. L. 97-456, Sec. 3(d)(1)(D), substituted

''United States Trade Representative'' for ''Special Representative

for Trade Negotiations'' in provisions preceding par. (1).

Subsec. (d)(3). Pub. L. 97-456, Sec. 3(b)(2), inserted '', powers

and duties'' after ''functions''.

Subsec. (d)(5). Pub. L. 97-456, Sec. 3(d)(1)(D), substituted

''United States Trade Representative'' for ''Special Representative

for Trade Negotiations''.

Subsec. (d)(8) to (10). Pub. L. 97-456, Sec. 3(b)(3)-(5), added

pars. (8) to (10).

Subsec. (e). Pub. L. 97-456, Sec. 3(d)(1)(D), substituted

''United States Trade Representative'' for ''Special Representative

for Trade Negotiations''.

Subsec. (f). Pub. L. 97-456, Sec. 3(a), substituted provisions

authorizing for appropriation $11,100,000 for fiscal 1983, of which

no more than $65,000 could be used for entertainment and

representation expenses, and authorizing for appropriation such

additional sums as might be provided in accordance with the Federal

Pay Comparability Act of 1970, for provisions authorizing for

appropriation necessary sums for fiscal 1976 and each fiscal year

thereafter any part of which was within the five-year period

beginning on Jan. 3, 1975.

Subsec. (g). Pub. L. 97-456, Sec. 3(d)(1), struck out subsec. (g)

which abolished the Office of Special Representative for Trade

Negotiations and transferred its assets and obligations to the

Office of United States Trade Representative.

Subsec. (h). Pub. L. 97-456, Sec. 3(d)(1), struck out subsec. (h)

which permitted any individual holding the position of Special

Representative for Trade Negotiations or Deputy Special

Representative for Trade Negotiations on Jan. 3, 1975, appointed

with the advice and consent of the Senate, to continue to hold such

position, and provided for the transfer of personnel employed by

the Office of Special Representative for Trade Negotiations on Jan.

2, 1975, to the Office of United States Trade Representative.

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-65 applicable with respect to an

individual appointed as United States Trade Representative or as a

Deputy United States Trade Representative on or after Dec. 19,

1995, see section 21(c) of Pub. L. 104-65, set out as a note under

section 207 of Title 18, Crimes and Criminal Procedure.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective on the date on which the

WTO Agreement enters into force with respect to the United States

(Jan. 1, 1995), see section 621(b) of Pub. L. 103-465, set out as a

note under section 1677k of this title.

WAIVER OF PROVISIONS LIMITING APPOINTMENT OF TRADE REPRESENTATIVE

Pub. L. 105-5, Mar. 17, 1997, 111 Stat. 11, provided: ''That

notwithstanding the provisions of paragraph (3) of section 141(b)

of the Trade Act of 1974 (19 U.S.C. 2171(b)(3)) or any other

provision of law, the President, acting by and with the advice and

consent of the Senate, is authorized to appoint Charlene Barshefsky

as the United States Trade Representative.''

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

(title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

SENIOR COMMERCIAL OFFICERS TO HOLD TITLE OF MINISTER-COUNSELOR;

MAXIMUM NUMBER DESIGNATED

Provisions requiring the Secretary of State, upon the request of

the Secretary of Commerce, to accord the diplomatic title of

Minister-Counselor to the senior Commercial Officer assigned to any

United States mission abroad with a limit on the number of

Commercial Service officers accorded such diplomatic title at any

time were contained in the following appropriation acts:

Pub. L. 102-395, title II, Oct. 6, 1992, 106 Stat. 1852.

Pub. L. 102-140, title II, Oct. 28, 1991, 105 Stat. 802.

Pub. L. 101-515, title I, Nov. 5, 1990, 104 Stat. 2103.

Pub. L. 101-162, title I, Nov. 21, 1989, 103 Stat. 991.

Pub. L. 100-459, title I, Oct. 1, 1988, 102 Stat. 2189.

Pub. L. 100-202, Sec. 101(a) (title I), Dec. 22, 1987, 101 Stat.

1329, 1329-3.

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title

XVIII (Sec. 1801-1899A) of Pub. L. 99-514 require an amendment to

any plan, such plan amendment shall not be required to be made

before the first plan year beginning on or after Jan. 1, 1989, see

section 1140 of Pub. L. 99-514, as amended, set out as a note under

section 401 of Title 26, Internal Revenue Code.

REORGANIZATION PLAN NO. 3 OF 1979

44 F.R. 69273, 93 STAT. 1381, AS AMENDED PUB. L. 97-195, SEC.

1(C)(6), JUNE 16, 1982, 96 STAT. 115; PUB. L. 97-377, TITLE I, SEC.

122, DEC. 21, 1982, 96 STAT. 1913

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, September 25,

1979, pursuant to the provisions of chapter 9 of title 5 of the

United States Code.

REORGANIZATION OF FUNCTIONS RELATING TO INTERNATIONAL TRADE

SECTION 1. OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

(a) The Office of the Special Representative for Trade

Negotiations is redesignated the Office of the United States Trade

Representative.

(b)(1) The Special Representative for Trade Negotiations is

redesignated the United States Trade Representative (hereinafter

referred to as the ''Trade Representative''). The Trade

Representative shall have primary responsibility, with the advice

of the interagency organization established under section 242 of

the Trade Expansion Act of 1962 (19 U.S.C. 1872) (hereinafter

referred to as the ''Committee''), for developing, and for

coordinating the implementation of, United States international

trade policy, including commodity matters and, to the extent they

are related to international trade policy, direct investment

matters. The Trade Representative shall serve as the principal

advisor to the President on international trade policy and shall

advise the President on the impact of other policies of the United

States Government on international trade.

(2) The Trade Representative shall have lead responsibility for

the conduct of international trade negotiations, including

commodity and direct investment negotiations in which the United

States participates.

(3) To the extent necessary to assure the coordination of

international trade policy, and consistent with any other law, the

Trade Representative, with the advice of the Committee, shall issue

policy guidance to departments and agencies on basic issues of

policy and interpretation arising in the exercise of the following

international trade functions. Such guidance shall determine the

policy of the United States with respect to international trade

issues arising in the exercise of such functions:

(A) matters concerning the General Agreement on Tariffs and

Trade, including implementation of the trade agreements set forth

in section 2(c) of the Trade Agreements Act of 1979 (19 U.S.C.

2503(c)); United States Government positions on trade and

commodity matters dealt with by the Organization for Economic

Cooperation and Development, the United Nations Conference on

Trade and Development, and other multilateral organizations; and

the assertion and protection of the rights of the United States

under bilateral and multilateral international trade and

commodity agreements;

(B) expansion of exports from the United States;

(C) policy research on international trade, commodity, and

direct investment matters;

(D) to the extent permitted by law, overall United States

policy with regard to unfair trade practices, including

enforcement of countervailing duties and antidumping functions

under section 303 and title VII of the Tariff Act of 1930 (19

U.S.C. 1303, 1671 et seq.);

(E) bilateral trade and commodity issues, including East-West

trade matters; and

(F) international trade issues involving energy.

(4) All functions of the Trade Representative shall be conducted

under the direction of the President.

(c) The Deputy Special Representatives for Trade Negotiations are

redesignated Deputy United States Trade Representatives.

SEC. 2. DEPARTMENT OF COMMERCE

(a) The Secretary of Commerce (hereinafter referred to as the

''Secretary'') shall have, in addition to any other functions

assigned by law, general operational responsibility for major

nonagricultural international trade functions of the United States

Government, including export development, commercial representation

abroad, the administration of the antidumping and countervailing

duty laws, export controls, trade adjustment assistance to firms

and communities, research and analysis, and monitoring compliance

with international trade agreements to which the United States is a

party.

(b)(1) There shall be in the Department of Commerce (hereinafter

referred to as the ''Department'') a Deputy Secretary appointed by

the President, by and with the advice and consent of the Senate.

The Deputy Secretary shall receive compensation at the rate payable

for Level II of the Executive Schedule (5 U.S.C. 5315), and shall

perform such duties and exercise such powers as the Secretary may

from time to time prescribe.

(2) The position of Under Secretary of Commerce established under

section 1 of the Act of June 5, 1939 (ch. 180, 53 Stat. 808; 15

U.S.C. 1502) is abolished.

(c) There shall be in the Department an Under Secretary for

International Trade appointed by the President, by and with the

advice and consent of the Senate. The Under Secretary for

International Trade shall receive compensation at the rate payable

for Level III of the Executive Schedule (5 U.S.C. 5314), and shall

perform such duties and exercise such powers as the Secretary may

from time to time prescribe.

(d) There shall be in the Department two additional Assistant

Secretaries appointed by the President, by and with the advice and

consent of the Senate. Each such Assistant Secretary shall perform

such duties and exercise such powers as the Secretary may from time

to time prescribe.

(e) There shall be in the Department of Commerce a Director

General of the United States and Foreign Commercial Services who

shall be appointed by the President, by and with the advice and

consent of the Senate, and shall receive compensation at the rate

prescribed by law for level IV of the Executive Schedule (5 U.S.C.

5315). (As amended Pub. L. 97-195, Sec. 1(c)(6), June 16, 1982, 96

Stat. 115; Pub. L. 97-377, title I, Sec. 122, Dec. 21, 1982, 96

Stat. 1913.)

SEC. 3. EXPORT-IMPORT BANK OF THE UNITED STATES

The Trade Representative and the Secretary shall serve, ex

officio and without vote, as additional members of the Board of

Directors of the Export-Import Bank of the United States.

SEC. 4. OVERSEAS PRIVATE INVESTMENT CORPORATION

(a) The Trade Representative shall serve, ex officio, as an

additional voting member of the Board of Directors of the Overseas

Private Investment Corporation. The Trade Representative shall be

the Vice Chair of such Board.

(b) There shall be an additional member of the Board of Directors

of the Overseas Private Investment Corporation who shall be

appointed by the President of the United States, by and with the

advice and consent of the Senate, and who shall not be an official

or employee of the Government of the United States. Such Director

shall be appointed for a term of no more than three years.

SEC. 5. TRANSFER OF FUNCTIONS

(a)(1) There are transferred to the Secretary all functions of

the Secretary of the Treasury, the General Counsel of the

Department of the Treasury, or the Department of the Treasury

pursuant to the following:

(A) section 305(b) of the Trade Agreements Act of 1979 (19

U.S.C. 2515(b)), to be exercised in consultation with the

Secretary of the Treasury;

(B) section 232 of the Trade Expansion Act of 1962 (19 U.S.C.

1862);

(C) section 303 and title VII (including section 771(1) (19

U.S.C. 1677(1)) of the Tariff Act of 1930 (19 U.S.C. 1303, 1671

et seq.), except that the Customs Service of the Department of

the Treasury shall accept such deposits, bonds, or other security

as deemed appropriate by the Secretary, shall assess and collect

such duties as may be directed by the Secretary, and shall

furnish such of its important records or copies thereof as may be

requested by the Secretary incident to the functions transferred

by this subparagraph;

(D) sections 514, 515, and 516 of the Tariff Act of 1930 (19

U.S.C. 1514, 1515, and 1516) insofar as they relate to any

protest, petition, or notice of desire to contest described in

section 1002(b)(1) of the Trade Agreements Act of 1979 (19 U.S.C.

1516a note);

(E) with respect to the functions transferred by subparagraph

(C) of this paragraph, section 318 of the Tariff Act of 1930 (19

U.S.C. 1318), to be exercised in consultation with the Secretary

of the Treasury;

(F) with respect to the functions transferred by subparagraph

(C) of this paragraph, section 502(b) of the Tariff Act of 1930

(19 U.S.C. 1502(b)), and, insofar as it provides authority to

issue regulations and disseminate information, to be exercised in

consultation with the Secretary of the Treasury to the extent

that the Secretary of the Treasury has responsibility under

subparagraph (C), section 502(a) of such Act (19 U.S.C. 1502(a));

(G) with respect to the functions transferred by subparagraph

(C) of this paragraph, section 617 of the Tariff Act of 1930 (19

U.S.C. 1617); and

(H) section 2632(e) of title 28 of the United States Code,

insofar as it relates to actions taken by the Secretary

reviewable under section 516A of the Tariff Act of 1930 (19

U.S.C. 1516(a)) (19 U.S.C. 1516a).

(2) The Secretary shall consult with the Trade Representative

regularly in exercising the functions transferred by subparagraph

(C) of paragraph (1) of this subsection, and shall consult with the

Trade Representative regarding any substantive regulation proposed

to be issued to enforce such functions.

(b)(1) There are transferred to the Secretary all trade promotion

and commercial functions of the Secretary of State or the

Department of State that are -

(A) performed in full-time overseas trade promotion and

commercial positions; or

(B) performed in such countries as the President may from time

to time prescribe.

(2) To carry out the functions transferred by paragraph (1) of

this subsection, the President, to the extent he deems it

necessary, may authorize the Secretary to utilize Foreign Service

personnel authorities and to exercise the functions vested in the

Secretary of State by the Foreign Service Act of 1946 (22 U.S.C.

801 et seq.) (see 22 U.S.C. 3901 et seq.) and by any other laws

with respect to personnel performing such functions.

(c) There are transferred to the President all functions of the

East-West Foreign Trade Board under section 411(c) of the Trade Act

of 1974 (19 U.S.C. 2441(c)).

(d) Appropriations available to the Department of State for

Fiscal Year 1980 for representation of the United States concerning

matters arising under the General Agreement on Tariffs and Trade

and trade and commodity matters dealt with under the auspices of

the United Nations Conference on Trade and Development are

transferred to the Trade Representative.

(e) There are transferred to the interagency organization

established under section 242 of the Trade Expansion Act of 1962

(19 U.S.C. 1872) all functions of the East-West Foreign Trade Board

under section 411(a) and (b) of the Trade Act of 1974 (19 U.S.C.

2441(a) and (b)).

SEC. 6. ABOLITION

The East-West Foreign Trade Board established under section 411

of the Trade Act of 1974 (19 U.S.C. 2441) is abolished.

SEC. 7. RESPONSIBILITY OF THE SECRETARY OF STATE

Nothing in this reorganization plan is intended to derogate from

the responsibility of the Secretary of State for advising the

President on foreign policy matters, including the foreign policy

aspects of international trade and trade-related matters:

SEC. 8. INCIDENTAL TRANSFERS; INTERIM OFFICERS

(a) So much of the personnel, property, records, and unexpended

balances of appropriations, allocations, and other funds employed,

used, held, available, or to be made available in connection with

the functions transferred under this reorganization plan as the

Director of the Office of Management and Budget shall determine

shall be transferred to the appropriate agency, organization, or

component at such time or times as such Director shall provide,

except that no such unexpended balances transferred shall be used

for purposes other than those for which the appropriation

originally was made. The Director of the Office of Management and

Budget shall provide for terminating the affairs of any agency

abolished herein and for such further measures and dispositions as

such Director deems necessary to effectuate the purposes of the

reorganization plan.

(b) Pending the assumption of office by the initial officers

provided for in section 2 of this reorganization plan, the

functions of each such office may be performed, for up to a total

of 60 days, by such individuals as the President may designate.

Any individual so designated shall be compensated at the rate

provided herein for such position.

SEC. 9. EFFECTIVE DATE

The provisions of this reorganization plan shall take effect

October 1, 1980, or at such earlier time or times as the President

shall specify, but not sooner than the earliest time allowable

under section 906 of title 5 of the United States Code.

(Pursuant to Ex. Ord. 12175, Dec. 7, 1979, 44 F.R. 70705, section

2(b)(1) of this Reorg. Plan is effective Dec. 7, 1979).

(Pursuant to Ex. Ord. 12188, Jan. 2, 1980, 45 F.R. 989, sections

1, 2(a), (b)(2), (c), (d), 3, 4, 5(a), (b)(2), (c)-(e), 6-8 of this

Reorg. Plan are effective Jan. 2, 1980, and section 5(b)(1) of this

Reorg. Plan is effective Apr. 1, 1980).

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 3 of 1979, to

consolidate trade functions of the United States Government. I am

acting under the authority vested in me by the Reorganization Act

of 1977, chapter 9 of title 5 of the United States Code, and

pursuant to section 1109 of the Trade Agreements Act of 1979 (19

U.S.C. 2111 note) which directs that I transmit to the Congress a

proposal to restructure the international trade functions of the

Executive branch.

The goal of this reorganization is to improve the capacity of the

Government to strengthen the export performance of United States

industry and to assure fair international trade practices, taking

into account the interests of all elements of our economy.

Recent developments, which have raised concern about the vitality

of our international trade performance, have focused much attention

on the way our trade machinery is organized. These developments

include our negative trade balance, increasing dependence upon

foreign oil, and international pressures on the dollar. New

challenges, such as implementation of the Multilateral Trade

Negotiation (MTN) agreements and trade with non-market economies,

will further test our Government trade organization.

We must be prepared to apply domestically the MTN codes on

procurement, subsidies, standards, and customs valuation. We also

must monitor major implementation measures abroad, reporting back

to American business on important developments and, where

necessary, raising questions internationally about foreign

implementation. MTN will work - will open new markets for U.S.

labor, farmers, and business - only if we have adequate procedures

for aggressively monitoring and enforcing it. We intend to meet

our obligations, and we expect others to do the same.

The trade machinery we now have cannot do this job effectively.

Although the Special Trade Representative (STR) takes the lead role

in administering the trade agreements program, many issues are

handled elsewhere and no agency has across-the-board leadership in

trade. Aside from the Trade Representative and the Export-Import

Bank, trade is not the primary concern of any Executive branch

agency where trade functions are located. The current arrangements

lack a central authority capable of planning a coherent trade

strategy and assuring its vigorous implementation.

This reorganization is designed to correct such deficiencies and

to prepare us for strong enforcement of the MTN codes. It aims to

improve our export promotion activities so that United States

exporters can take full advantage of trade opportunities in foreign

markets. It provides for the timely and efficient administration

of our unfair trade laws. It also establishes an efficient

mechanism for shaping an effective, comprehensive United States

trade policy.

To achieve these objectives, I propose to place policy

coordination and negotiation - those international trade functions

that most require comprehensiveness, influence, and Government-wide

perspective - in the Executive Office of the President. I propose

to place operational and implementation responsibilities, which are

staff-intensive, in line departments that have the requisite

resources and knowledge of the major sectors of our economy to

handle them. I have concluded that building our trade structure on

STR and Commerce, respectively, best satisfies these

considerations.

I propose to enhance STR, to be renamed the Office of the United

States Trade Representative, by centralizing in it international

trade policy development, coordination and negotiation functions.

The Commerce Department will become the focus of non-agricultural

operational trade responsibilities by adding to its existing duties

those for commercial representation abroad, antidumping and

countervailing duty cases, the non-agricultural aspects of MTN

implementation, national security investigations, and embargoes.

THE UNITED STATES TRADE REPRESENTATIVE

The Trade Representative, with the advice of the Trade Policy

Committee, will be responsible for developing and coordinating our

international trade and direct investment policy, including the

following areas:

Import remedies. - The Trade Representative will exercise policy

oversight of the application of import remedies, analyze long-term

trends in import remedy cases and recommend any necessary

legislative changes. For antidumping and countervailing duty

matters, such coordination, to the extent legally permissible, will

be directed toward the establishment of new precedents, negotiation

of assurances, and coordination with other trade matters, rather

than case-by-case fact finding and determinations.

East-West trade policy. - The Trade Representative will have lead

responsibility for East-West trade negotiations and will coordinate

East-West trade policy. The Trade Policy Committee will assume the

responsibilities of the East-West Foreign Trade Board.

International investment policy. - The Trade Representative will

have the policy lead regarding issues of direct foreign investment

in the United States, direct investment by Americans abroad,

operations of multinational enterprises, and multilateral

agreements on international investment, insofar as such issues

relate to international trade.

International commodity policy. - The Trade Representative will

assume responsibility for commodity negotiations and also will

coordinate commodity policy.

Energy trade. - While the Departments of Energy and State will

continue to share responsibility for international energy issues,

the Trade Representative will coordinate energy trade matters. The

Department of Energy will become a member of the TPC.

Export-expansion policy. - To ensure a vigorous and coordinated

Government-wide export expansion effort, policy oversight of our

export expansion activities will be the responsibility of the Trade

Representative.

The Trade Representative will have the lead role in bilateral and

multilateral trade, commodity, and direct investment negotiations.

The Trade Representative will represent the United States in

General Agreement on Tariffs and Trade (GATT) matters. Since the

GATT will be the principal international forum for implementing and

interpreting the MTN agreements and since GATT meetings, including

committee and working group meetings, occur almost continuously,

the Trade Representative will have a limited number of permanent

staff in Geneva. In some cases, it may be necessary to assign a

small number of USTR staff abroad to assist in oversight of MTN

enforcement. In this event, appropriate positions will be

authorized. In recognition of the responsibility of the Secretary

of State regarding our foreign policy, the activities of overseas

personnel of the Trade Representative and the Commerce Department

will be fully coordinated with other elements of our diplomatic

missions.

In addition to his role with regard to GATT matters, the Trade

Representative will have the lead responsibility for trade and

commodity matters considered in the Organization for Economic

Cooperation and Development (OECD) and the United Nations

Conference on Trade and Development (UNCTAD) when such matters are

the primary issues under negotiation. Because of the Secretary of

State's foreign policy responsibilities, and the responsibilities

of the Director of the International Development Cooperation Agency

as the President's principal advisor on development, the Trade

Representative will exercise his OECD and UNCTAD responsibilities

in close cooperation with these officials.

To ensure that all trade negotiations are handled consistently

and that our negotiating leverage is employed to the maximum, the

Trade Representative will manage the negotiation of particular

issues. Where appropriate, the Trade Representative may delegate

responsibility for negotiations to other agencies with expertise on

the issues under consideration. He will coordinate the operational

aspects of negotiations through a Trade Negotiating Committee,

chaired by the Trade Representative and including the Departments

of Commerce, State, Treasury, Agriculture and Labor.

The Trade Representative will be concerned not only with ongoing

negotiations and coordination of specific, immediate issues, but

also - very importantly - with the development of long-term United

States trade strategies and policies. He will oversee

implementation of the MTN agreements, and will advise the President

on the effects of other Government policies (e.g., antitrust,

taxation) on U.S. trade. In order to participate more fully in

oversight of international investment and export financing

activities, the Trade Representative will become a member of the

National Advisory Council on International Monetary and Financial

Policies and the Boards of the Export-Import Bank and the Overseas

Private Investment Corporation.

In performing these functions, the Trade Representative will act

as the principal trade spokesman of the President. To assure that

our trade policies take into account the broadest range of

perspectives, the Trade Representative will consult with the Trade

Policy Committee, whose mandate and membership will be expanded.

The Trade Representative will, as appropriate, invite agencies such

as the Export-Import Bank and the Overseas Private Investment

Corporation to participate in TPC meetings in addition to the

permanent TPC members. When different departmental views on trade

matters exist within the TPC as will be the case from time to time

in this complex policy area, I will expect the Trade Representative

to resolve policy disagreements in his best judgment, subject to

appeal to the President.

THE DEPARTMENT OF COMMERCE

The Department of Commerce, under this proposal, will become the

focal point of operational responsibilities in the non-agricultural

trade area. My reorganization plan will transfer to the Commerce

Department important responsibilities for administration of

countervailing and antidumping matters, foreign commercial

representation, and MTN implementation support. Consolidating

these trade functions in the Department of Commerce builds upon an

agency with extensive trade experience. The Department will retain

its operational responsibilities in such areas as export controls,

East-West trade, trade adjustment assistance to firms and

communities, trade policy analysis, and monitoring foreign

compliance with trade agreements. The Department will be

substantially reorganized to consolidate and reshape its trade

functions under an Under Secretary for International Trade.

With this reorganization, trade functions will be strengthened

within the Department of Commerce, and such related efforts in the

Department as improvement of industrial innovation and the

productivity, encouraging local and regional economic development,

and sectoral analysis, will be closely linked to an aggressive

trade program. Fostering the international competitiveness of

American industry will become the principal mission of the

Department of Commerce.

Import remedies

I propose to transfer to the Department of Commerce

responsibility for administration of the countervailing duty and

antidumping statutes. This function will be performed efficiently

and effectively in an organizational setting where trade is the

primary mission. This activity will be directed by a new Assistant

Secretary for Trade Administration, subject to Senate

confirmation. Although the plan permits its provisions to take

effect as late as October 1, 1980, I intend to make this transfer

effective by January 1, 1980, so that it will occur as the new MTN

codes take effect. Commerce will continue its supportive role in

the staffing of other unfair trade practice issues, such as cases

arising under section 301 of the Trade Act of 1974 (19 U.S.C.

2411).

Commercial representation

This reorganization plan will transfer to the Department of

Commerce responsibility for commercial representation abroad. This

transfer would place both domestic and overseas export promotion

activities under a single organization, directed by an Assistant

Secretary for Export Development, charged with aggressively

expanding U.S. export opportunities. Placing this Foreign

Commercial Service in the Commerce Department will allow commercial

officers to concentrate on the promotion of U.S. exports as their

principal activity.

Initially, the transfer of commercial representation from State

to Commerce will involve all full-time overseas trade promotion and

commercial positions (approximately 162), responsibility for this

function in the countries (approximately 60) to which these

individuals are assigned, and the associated foreign national

employees in those countries. Over time, the Department of

Commerce undoubtedly will review the deployment of commercial

officers in light of changing trade circumstances and propose

extensions or alterations of coverage of the Foreign Commercial

Service.

MTN implementation

I am dedicated to the aggressive implementation of the

Multilateral Trade Agreements. The United States must seize the

opportunities and enforce the obligations created by these

agreements. Under this proposal, the Department of Commerce will

assign high priority to this task. The Department of Commerce will

be responsible for the day-to-day implementation of

non-agricultural aspects of the MTN agreements. Management of this

function will be a principal assignment of an Assistant Secretary

for Trade Policy and Programs. Implementation activities will

include:

monitoring agreements and targeting problems for consultation

and negotiation;

operating a Trade Complaint Center where the private sector

can receive advice as to the recourse and remedies available;

aiding in the settlement of disputes, including staffing of

formal complaint cases;

identifying problem areas for consideration by the Trade

Representative and the Trade Policy Committee;

educational and promotion programs regarding the provisions

of the agreements and the processes for dealing with problems

that arise;

providing American business with basic information on foreign

laws, regulations and procedures;

consultations with private sector advisory committees; and

general analytical support.

These responsibilities will be handled by a unit built around the

staff from Commerce that provided essential analytical support to

STR throughout the MTN negotiation process. Building

implementation of MTN around this core group will assure that the

government's institutional memory and expertise on MTN is most

effectively devoted to the challenge ahead. When American business

needs information or encounters problems in the MTN area, it can

turn to the Department of Commerce for knowledgeable assistance.

Matching the increased importance of trade in the Department's

mission will be a much strengthened trade organization within the

Department. By creating a number of new senior level positions in

the Department, we will ensure that trade policy implementation

receives the kind of day-to-day top management attention that it

both demands and requires.

With its new responsibilities and resources, the Department of

Commerce will become a key participant in the formulation of our

trade policies. Much of the analysis in support of trade policy

formulation will be conducted by the Department of Commerce, which

will be close to the operational aspects of the problems that raise

policy issues.

To succeed in global competition, we must have a better

understanding of the problems and prospects of U.S. industry,

particularly in relation to the growing strength of industries

abroad. This is the key reason why we will upgrade sectoral

analysis capabilities throughout the Department of Commerce,

including the creation of a new Bureau of Industrial Analysis.

Commerce, with its ability to link trade to policies affecting

industry, is uniquely suited to serve as the principal technical

expert within the Government on special industry sector problems

requiring international consultation, as well as to provide

industry-specific information on how tax, regulatory and other

Government policies affect the international competitiveness of the

U.S. industries.

Commerce will also expand its traditional trade policy focus on

industrial issues to deal with the international trade and

investment problems of our growing services sector. Under the

proposal, there will be comprehensive service industry

representation in our industry advisory process, as well as a

continuing effort to bring services under international

discipline. I expect the Commerce Department to play a major role

in developing new service sector initiatives for consideration

within the Government.

After an investigation lasting over a year, I have found that

this reorganization is necessary to carry out the policy set forth

in section 901(a) of title 5 of the United States Code. As

described above, this reorganization will increase significantly

our ability to implement the MTN agreements efficiently and

effectively and will improve greatly the services of the government

with regard to export development. These improvements will be

achieved with no increase in personnel or expenditures, except for

an annual expense of about $300,000 for the salaries and clerical

support of the three additional senior Commerce Department

officials and a non-recurring expense of approximately $600,000 in

connection with the transfers of functions provided in the plan. I

find that the reorganization made by this plan makes necessary the

provisions for the appointment and pay of a Deputy Secretary, an

Under Secretary for International Trade, and two additional

Assistant Secretaries of the Department of Commerce, and additional

members of the Boards of Directors of the Export-Import Bank and

the Overseas Private Investment Corporation.

It is indeed appropriate that this proposal follows so soon after

the overwhelming approval by the Congress of the Trade Agreements

Act of 1979 (19 U.S.C. 2501 et seq.), for it will sharpen and unify

trade policy direction, improve the efficiency of trade law

enforcement, and enable us to negotiate abroad from a position of

strength. The extensive discussions between Administration

officials and the Congress on this plan have been a model of the

kind of cooperation that can exist between the two branches. I

look forward to our further cooperation in successfully

implementing both this reorganization proposal and the MTN

agreements. Jimmy Carter.

The White House, September 25, 1979.

-EXEC-

EXECUTIVE ORDER NO. 11143

Ex. Ord. No. 11143, Mar. 2, 1963, 29 F.R. 3127, as amended by Ex.

Ord. No. 11159, June 23, 1964, 29 F.R. 8137, formerly set out under

section 1871 of this title, which established the Public Advisory

Committee for Trade Expansion, was revoked by Ex. Ord. No. 11425,

Aug. 30, 1968, 33 F.R. 12363, set out below.

EXECUTIVE ORDER NO. 11425

Ex. Ord. No. 11425, Aug. 30, 1968, 33 F.R. 12363, formerly set

out under section 1871 of this title, which directed the Special

Representative for Trade Negotiations (established by Ex. Ord. No.

11075, Jan. 15, 1963, 28 F.R. 473) to conduct a long range study of

United States foreign trade policy and to consider the views of

Congress, the Public Advisory Committee on Trade Policy, and other

federal agencies; established the Public Advisory Committee on

Trade Policy for purposes of this study; and abolished the Public

Advisory Committee for Trade Negotiations; was omitted in view of

the revocation of Ex. Ord. No. 11075 by Ex. Ord. No. 11846, Mar.

27, 1975, 40 F.R. 14291, set out under section 2111 of this title,

and in view of the abolition of the Office of Special

Representative for Trade Negotiations (as established under Ex.

Ord. No. 11075) by section 2171(g) of this title.

EX. ORD. NO. 12175. EFFECTIVE DATE OF SECTION 2(B)(1) OF

REORGANIZATION PLAN NO. 3 OF 1979 RESPECTING REORGANIZATION OF

FUNCTIONS RELATING TO INTERNATIONAL TRADE

Ex. Ord. No. 12175, Dec. 7, 1979, 44 F.R. 70703, provided:

By the authority vested in me as President of the United States

of America by Section 9 of Reorganization Plan No. 3 of 1979

(transmitted to the Congress on September 25, 1979) (set out as a

note above), the time period prescribed by Section 906 of Title 5

of the United States Code having elapsed without the adoption of a

resolution of disapproval by either House of Congress, it is hereby

ordered that Section 2(b)(1) of that Plan, establishing the Office

of Deputy Secretary of Commerce, is effective immediately.

Jimmy Carter.

EX. ORD. NO. 12188. FUNCTIONS RELATING TO INTERNATIONAL TRADE

Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 989, as amended by Ex.

Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13968; Ex. Ord. No. 13118,

Sec. 10(6), Mar. 31, 1999, 64 F.R. 16598; Ex. Ord. No. 13286, Sec.

50, Feb. 28, 2003, 68 F.R. 10628, provided:

By the authority vested in me by the Trade Agreements Act of 1979

(see 19 U.S.C. 2501), the Trade Act of 1974 (this chapter), the

Trade Expansion Act of 1962 (see Short Title note set out under

section 1801 of this title), section 350 of the Tariff Act of 1930

(19 U.S.C. 1351), Reorganization Plan No. 3 of 1979 (set out as a

note above), and section 301 of title 3 of the United States Code,

and as President of the United States, it is hereby ordered as

follows:

Section 1-101. The United States Trade Representative.

(a) Except as may be otherwise expressly provided by law, the

United States Trade Representative (hereinafter referred to as the

''Trade Representative'') shall be chief representative of the

United States for:

(1) all activities of, or under the auspices of, the General

Agreement on Tariffs and Trade;

(2) discussions, meetings, and negotiations in the Organization

for Economic Cooperation and Development when trade or commodity

issues are the primary issues under consideration;

(3) negotiations in the United Nations Conference on Trade and

Development and other multilateral institutions when trade or

commodity issues are the primary issues under consideration;

(4) other bilateral or multilateral negotiations when trade,

including East-West trade, or commodities is the primary issue

under consideration;

(5) negotiations under sections 704 and 734 of the Tariff Act

of 1930 (19 U.S.C. 1671c and 1673c); and

(6) negotiations concerning direct investment incentives and

disincentives and bilateral investment issues concerning barriers

to investment.

For purposes of this subsection, the term ''negotiations''

includes discussions and meetings with foreign governments and

instrumentalities primarily concerning preparations for formal

negotiations and policies regarding implementation of agreements

resulting from such negotiations.

(b) The Trade Representative, in consultation with the Trade

Negotiating Committee, shall invite such members of the Trade

Negotiating Committee and representatives of other departments or

agencies as may be appropriate to participate in the negotiations

and other activities listed in subsection (a).

(c) The Trade Representative, in consultation with the Trade

Negotiating Committee, may delegate to any member of the Trade

Negotiating Committee, or to any other appropriate department or

agency, primary responsibility for representing the United States

in any of the negotiations and other activities set forth in

subsection (a).

(d) The Trade Representative, or any department or agency to

which responsibility for representing the United States in a

negotiation or other activity has been delegated pursuant to

subsection (c), shall consult with the Trade Policy Committee and

with any affected regulatory agencies on the policy issues arising

in connection with the negotiations and other activities listed in

subsection (a).

Sec. 1-102. The Trade Policy Committee.

(a) As provided by section 242 of the Trade Expansion Act of 1962

(19 U.S.C. 1872), the Trade Policy Committee (hereinafter referred

to as the ''Committee'') is continued. The Committee shall have

the functions specified by law or by the President, including those

specified in section 1(b)(3) of Reorganization Plan No. 3 of 1979

(set out as a note above).

(b) The Committee shall be composed of the following:

(1) The Trade Representative, who shall be Chair

(2) The Secretary of Commerce, who shall be Vice Chair

(3) The Secretary of State

(4) The Secretary of the Treasury

(5) The Secretary of Defense

(6) The Attorney General

(7) The Secretary of the Interior

(8) The Secretary of Agriculture

(9) The Secretary of Labor

(10) The Secretary of Transportation

(11) The Secretary of Energy

(12) The Secretary of Homeland Security

(13) The Director of the Office of Management and Budget

(14) The Chairman of the Council of Economic Advisers

(15) The Assistant to the President for National Security

Affairs

(16) The Administrator of the United States Agency for

International Development.

The Chair and any member of the Committee may designate a

subordinate officer whose status is not below that of an Assistant

Secretary to serve in his stead when he is unable to attend any

meetings of the Committee. The Chair may invite representatives

from other agencies to attend the meetings of the Committee.

(c)(1) There is established, as a subcommittee of the Committee,

a Trade Negotiating Committee which shall advise the Trade

Representative on the management of negotiations referred to in

section 1-101(a) of this order. The members of such subcommittee

shall be the Trade Representative (Chair), the Secretary of State,

the Secretary of the Treasury, the Secretary of Agriculture, the

Secretary of Commerce, and the Secretary of Labor.

(2) The Trade Representative, with the advice of the Committee,

may create additional subcommittees thereof.

(d) In advising the President on international trade and related

matters, the Trade Representative shall take into account and

reflect the views of the members of the Committee and of other

interested agencies.

Sec. 1-103. Delegation of Functions.

(a) The function vested in the President by section 412(b) of the

Trade Agreements Act of 1979 (19 U.S.C. 2542(b)) is delegated to

the Secretary of Commerce with regard to the technical office

established under section 412(a)(1) of such Act (19 U.S.C.

2542(a)(1)) and to the Secretary of Agriculture with regard to the

technical office established under section 412(a)(2) of such Act

(19 U.S.C. 2542(a)(2)). In prescribing the functions of each

technical office, the Secretary concerned shall consult with the

Trade Representative and with all affected regulatory agencies.

The functions delegated by this section shall be exercised in

coordination with the Trade Representative.

(b) The functions of the President under sections 2(b) and 303 of

the Trade Agreements Act of 1979 (19 U.S.C. 2503(b) and 2513) and

section 701(b) of the Tariff Act of 1930 (19 U.S.C. 1671(b)) are

delegated to the Trade Representative, who shall exercise such

authority with the advice of the Trade Policy Committee.

Sec. 1-104. Authority Under the Foreign Service Act and Related

Laws.

(a) The Secretary of Commerce (hereinafter referred to as the

''Secretary'') is authorized to establish a Foreign Commercial

Service in the Department of Commerce, and a category of career

officers of the Foreign Commercial Service to be known as Foreign

Commercial Officers. For purposes of the utilization by the

Secretary of the authorities granted to the Secretary under this

section, the terms ''Foreign Service'' and ''Foreign Service

Officer'' shall be construed to mean ''Foreign Commercial Service''

and ''Foreign Commercial Officer,'' respectively.

(b) (Revoked by Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R.

13968.)

(c) The Board of the Foreign Service and the Board of Examiners

for the Foreign Service established by Executive Order 11264 of

December 31, 1965, as amended (22 U.S.C. 826 note), shall exercise

with respect to Foreign Service personnel of the Department of

Commerce the functions delegated to them by that order with respect

to Foreign Service personnel of the Department of State. The Boards

shall perform such additional functions with respect to Foreign

Service personnel of the Department of Commerce as the Secretary

may from time to time delegate or otherwise assign, consistent with

the functions of such boards.

Sec. 1-105. Prior Executive Orders and Determination.

(a) Section 1(b) of Executive Order 11269 of February 14, 1966,

as amended (22 U.S.C. 286b note), is amended by adding ''the United

States Trade Representative,'' after ''the Secretary of State,''.

(b)(1) Section 1 of Executive Order 11539 of June 30, 1970 (7

U.S.C. 1854 note), is amended to read as follows:

''Section 1. The United States Trade Representative, with the

concurrence of the Secretary of Agriculture and the Secretary of

State, is authorized to negotiate bilateral agreements with

representatives of governments of foreign countries limiting the

export from the respective countries and the importation into the

United States of -

''(1) fresh, chilled, or frozen cattle meat,

''(2) fresh, chilled, or frozen meat of goats and sheep (except

lambs), and

''(3) prepared and preserved beef and veal (except sausage) if

articles are prepared, whether fresh, chilled, or frozen, but not

otherwise preserved, that are the products of such countries.''.

(2) Section 4 of such order is amended by striking out ''the

Secretary of State'' and inserting in lieu thereof ''the United

States Trade Representative''.

(c) The last sentence of section 1(a) of Executive Order 11651 of

March 3, 1972, as amended (7 U.S.C. 1854 note) is amended to read

as follows: ''The United States Trade Representative, or his

designee, also shall be a member of the Committee.''.

(d) The first sentence of section 3 of Executive Order 11703 of

February 7, 1973 (19 U.S.C. 1862 note), is amended to read as

follows: ''The Oil Policy Committee shall henceforth consist of the

United States Trade Representative, chair, and the Secretaries of

State, Treasury, Defense, the Interior, Commerce and Energy, the

Attorney General, and the Chairman of the Council of Economic

Advisers, as members.''.

(e) Sections 2(b) and 3(a), the first sentence of section 3(c),

and sections 3(e), 3(f), and 6 of Executive Order 11846 of March

27, 1975, as amended (19 U.S.C. 2111 note), are revoked.

(f)(1) Section 1(a)(5) of Executive Order 11858 of May 7, 1975

(22 U.S.C. 2841 note), is amended to read: ''(5) The United States

Trade Representative''.

(2) Section 1(a)(6) of such order is amended to read: ''(6) The

Chairman of the Council of Economic Advisers''.

(g) Executive Order 12096 of November 2, 1978, is revoked.

(h) The last paragraph of the Presidential Determination

Regarding the Acceptance and Application of Certain International

Trade Agreements (dated December 14, 1979) (44 FR 74781, at 74784;

December 18, 1979) (19 U.S.C. 2503 note), delegating functions

under section 2(b) of the Trade Agreements Act of 1979 (19 U.S.C.

2503(b)) and section 701(b) of the Tariff Act of 1930 (19 U.S.C.

1671b), is revoked.

(i) Any reference to the Office of the Special Representative for

Trade Negotiations or to the Special Representative for Trade

Negotiations in any Executive order, Proclamation, or other

document shall be deemed to refer to the Office of the United

States Trade Representative or to the United States Trade

Representative, respectively.

Sec. 1-106. Incidental Transfers and Reassignments.

So much of the personnel, property, records, and unexpended

balances of appropriations, allocations, and other funds employed,

used, held, available, or to be made available in connection with

functions transferred or reassigned by the provisions of this order

as the Director of the Office of Management and Budget shall

determine shall be transferred or reassigned for use in connection

with such functions.

Sec. 1-107. Effective Dates.

(a) Sections 1, 2(a), 2(b)(2), 2(c), 2(d), 3, 4, 5(a), 5(b)(2),

5(c) through (e), and 6 through 8 of Reorganization Plan No. 3 of

1979 (set out as a note above) and the provisions of this order,

shall take effect as of January 2, 1980.

(b) Section 5(b)(1) of such plan (set out as a note above) shall

take effect as of April 1, 1980.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1872, 2152, 2213, 2241,

2541 of this title; title 15 section 1128; title 35 section 2.

-CITE-

19 USC Part 5 - Congressional Procedures With Respect to

Presidential Actions 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 5 - Congressional Procedures With Respect to Presidential

Actions

.

-HEAD-

Part 5 - Congressional Procedures With Respect to Presidential

Actions

-CITE-

19 USC Sec. 2191 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 5 - Congressional Procedures With Respect to Presidential

Actions

-HEAD-

Sec. 2191. Bills implementing trade agreements on nontariff

barriers and resolutions approving commercial agreements with

Communist countries

-STATUTE-

(a) Rules of House of Representatives and Senate

This section and sections 2192 and 2193 of this title are enacted

by the Congress -

(1) as an exercise of the rulemaking power of the House of

Representatives and the Senate, respectively, and as such they

are deemed a part of the rules of each House, respectively, but

applicable only with respect to the procedure to be followed in

that House in the case of implementing bills described in

subsection (b)(1) of this section, implementing revenue bills

described in subsection (b) (2) of this section, approval

resolutions described in subsection (b)(3) of this section, and

resolutions described in sections 2192(a) and 2193(a) of this

title; and they supersede other rules only to the extent that

they are inconsistent therewith; and

(2) with full recognition of the constitutional right of either

House to change the rules (so far as relating to the procedure of

that House) at any time, in the same manner and to the same

extent as in the case of any other rule of that House.

(b) Definitions

For purposes of this section -

(1) The term ''implementing bill'' means only a bill of either

House of Congress which is introduced as provided in subsection

(c) of this section with respect to one or more trade agreements,

or with respect to an extension described in section 3572(c)(3)

of this title, submitted to the House of Representatives and the

Senate under section 2112 of this title, section 3572 of this

title, or section 3805(a)(1) of this title and which contains -

(A) a provision approving such trade agreement or agreements

or such extension,

(B) a provision approving the statement of administrative

action (if any) proposed to implement such trade agreement or

agreements, and

(C) if changes in existing laws or new statutory authority is

required to implement such trade agreement or agreements or

such extension, provisions, necessary or appropriate to

implement such trade agreement or agreements or such extension,

either repealing or amending existing laws or providing new

statutory authority.

(2) The term ''implementing revenue bill or resolution'' means

an implementing bill, or approval resolution, which contains one

or more revenue measures by reason of which it must originate in

the House of Representatives.

(3) The term ''approval resolution'' means only a joint

resolution of the two Houses of the Congress, the matter after

the resolving clause of which is as follows: ''That the Congress

approves the extension of nondiscriminatory treatment with

respect to the products of _ _ _ _ transmitted by the President

to the Congress on _ _ _ _.'', the first blank space being filled

with the name of the country involved and the second blank space

being filled with the appropriate date.

(c) Introduction and referral

(1) On the day on which a trade agreement or extension is

submitted to the House of Representatives and the Senate under

section 2112 of this title, section 3572 of this title, or section

3805(a)(1) of this title, the implementing bill submitted by the

President with respect to such trade agreement or extension shall

be introduced (by request) in the House by the majority leader of

the House, for himself and the minority leader of the House, or by

Members of the House designated by the majority leader and minority

leader of the House; and shall be introduced (by request) in the

Senate by the majority leader of the Senate, for himself and the

minority leader of the Senate, or by Members of the Senate

designated by the majority leader and minority leader of the

Senate. If either House is not in session on the day on which such

a trade agreement or extension is submitted, the implementing bill

shall be introduced in that House, as provided in the preceding

sentence, on the first day thereafter on which that House is in

session. Such bills shall be referred by the Presiding Officers of

the respective Houses to the appropriate committee, or, in the case

of a bill containing provisions within the jurisdiction of two or

more committees, jointly to such committees for consideration of

those provisions within their respective jurisdictions.

(2) On the day on which a bilateral commercial agreement, entered

into under subchapter IV of this chapter after January 3, 1975, is

transmitted to the House of Representatives and the Senate, an

approval resolution with respect to such agreement shall be

introduced (by request) in the House by the majority leader of the

House, for himself and the minority leader of the House, or by

Members of the House designated by the majority leader and minority

leader of the House; and shall be introduced (by request) in the

Senate by the majority leader of the Senate, for himself and the

minority leader of the Senate, or by Members of the Senate

designated by the majority leader and minority leader of the

Senate. If either House is not in session on the day on which such

an agreement is transmitted, the approval resolution with respect

to such agreement shall be introduced in that House, as provided in

the preceding sentence, on the first day thereafter on which that

House is in session. The approval resolution introduced in the

House shall be referred to the Committee on Ways and Means and the

approval resolution introduced in the Senate shall be referred to

the Committee on Finance.

(d) Amendments prohibited

No amendment to an implementing bill or approval resolution shall

be in order in either the House of Representatives or the Senate;

and no motion to suspend the application of this subsection shall

be in order in either House, nor shall it be in order in either

House for the Presiding Officer to entertain a request to suspend

the application of this subsection by unanimous consent.

(e) Period for committee and floor consideration

(1) Except as provided in paragraph (2), if the committee or

committees of either House to which an implementing bill or

approval resolution has been referred have not reported it at the

close of the 45th day after its introduction, such committee or

committees shall be automatically discharged from further

consideration of the bill or resolution and it shall be placed on

the appropriate calendar. A vote on final passage of the bill or

resolution shall be taken in each House on or before the close of

the 15th day after the bill or resolution is reported by the

committee or committees of that House to which it was referred, or

after such committee or committees have been discharged from

further consideration of the bill or resolution. If prior to the

passage by one House of an implementing bill or approval resolution

of that House, that House receives the same implementing bill or

approval resolution from the other House, then -

(A) the procedure in that House shall be the same as if no

implementing bill or approval resolution had been received from

the other House, but

(B) the vote on final passage shall be on the implementing bill

or approval resolution of the other House.

(2) The provisions of paragraph (1) shall not apply in the Senate

to an implementing revenue bill or resolution. An implementing

revenue bill or resolution received from the House shall be

referred to the appropriate committee or committees of the Senate.

If such committee or committees have not reported such bill or

resolution at the close of the 15th day after its receipt by the

Senate (or, if later, before the close of the 45th day after the

corresponding implementing revenue bill or resolution was

introduced in the Senate), such committee or committees shall be

automatically discharged from further consideration of such bill or

resolution and it shall be placed on the calendar. A vote on final

passage of such bill or resolution shall be taken in the Senate on

or before the close of the 15th day after such bill or resolution

is reported by the committee or committees of the Senate to which

it was referred, or after such committee or committees have been

discharged from further consideration of such bill or resolution.

(3) For purposes of paragraphs (1) and (2), in computing a number

of days in either House, there shall be excluded any day on which

that House is not in session.

(f) Floor consideration in the House

(1) A motion in the House of Representatives to proceed to the

consideration of an implementing bill or approval resolution shall

be highly privileged and not debatable. An amendment to the motion

shall not be in order, nor shall it be in order to move to

reconsider the vote by which the motion is agreed to or disagreed

to.

(2) Debate in the House of Representatives on an implementing

bill or approval resolution shall be limited to not more than 20

hours, which shall be divided equally between those favoring and

those opposing the bill or resolution. A motion further to limit

debate shall not be debatable. It shall not be in order to move to

recommit an implementing bill or approval resolution or to move to

reconsider the vote by which an implementing bill or approval

resolution is agreed to or disagreed to.

(3) Motions to postpone, made in the House of Representatives

with respect to the consideration of an implementing bill or

approval resolution, and motions to proceed to the consideration of

other business, shall be decided without debate.

(4) All appeals from the decisions of the Chair relating to the

application of the Rules of the House of Representatives to the

procedure relating to an implementing bill or approval resolution

shall be decided without debate.

(5) Except to the extent specifically provided in the preceding

provisions of this subsection, consideration of an implementing

bill or approval resolution shall be governed by the Rules of the

House of Representatives applicable to other bills and resolutions

in similar circumstances.

(g) Floor consideration in the Senate

(1) A motion in the Senate to proceed to the consideration of an

implementing bill or approval resolution shall be privileged and

not debatable. An amendment to the motion shall not be in order,

nor shall it be in order to move to reconsider the vote by which

the motion is agreed to or disagreed to.

(2) Debate in the Senate on an implementing bill or approval

resolution, and all debatable motions and appeals in connection

therewith, shall be limited to not more than 20 hours. The time

shall be equally divided between, and controlled by, the majority

leader and the minority leader or their designees.

(3) Debate in the Senate on any debatable motion or appeal in

connection with an implementing bill or approval resolution shall

be limited to not more than 1 hour, to be equally divided between,

and controlled by, the mover and the manager of the bill or

resolution, except that in the event the manager of the bill or

resolution is in favor of any such motion or appeal, the time in

opposition thereto, shall be controlled by the minority leader or

his designee. Such leaders, or either of them, may, from time

under their control on the passage of an implementing bill or

approval resolution, allot additional time to any Senator during

the consideration of any debatable motion or appeal.

(4) A motion in the Senate to further limit debate is not

debatable. A motion to recommit an implementing bill or approval

resolution is not in order.

-SOURCE-

(Pub. L. 93-618, title I, Sec. 151, Jan. 3, 1975, 88 Stat. 2001;

Pub. L. 100-418, title I, Sec. 1107(b)(1), Aug. 23, 1988, 102 Stat.

1135; Pub. L. 101-382, title I, Sec. 132(b)(2), Aug. 20, 1990, 104

Stat. 645; Pub. L. 103-465, title II, Sec. 282(c)(4), Dec. 8, 1994,

108 Stat. 4929; Pub. L. 107-210, div. B, title XXI, Sec.

2110(a)(1), Aug. 6, 2002, 116 Stat. 1019.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(1). Pub. L. 107-210, Sec. 2110(a)(1)(A),

substituted ''section 3572 of this title, or section 3805(a)(1) of

this title'' for ''section 2903(a)(1) of this title, or section

3572 of this title'' in introductory provisions.

Subsec. (c)(1). Pub. L. 107-210, Sec. 2110(a)(1)(B), substituted

'', section 3572 of this title, or section 3805(a)(1) of this

title'' for ''or section 3572 of this title''.

1994 - Subsec. (b)(1). Pub. L. 103-465, Sec. 282(c)(4)(A), in

introductory provisions, inserted '', or with respect to an

extension described in section 3572(c)(3) of this title,'' after

''trade agreements'' and substituted '', section 2903(a)(1) of this

title, or section 3572 of this title'' for ''or section 2903(a)(1)

of this title'', and in subpars. (A) and (C), inserted ''or such

extension'' after ''agreements'' wherever appearing.

Subsec. (c)(1). Pub. L. 103-465, Sec. 282(c)(4)(B), inserted ''or

section 3572 of this title'' after ''section 2112 of this title''

and ''or extension'' after ''agreement'' wherever appearing.

1990 - Subsec. (b)(2). Pub. L. 101-382, Sec. 132(b)(2)(A), (B),

inserted ''or resolution'' after ''revenue bill'' and '', or

approval resolution,'' after ''implementing bill''.

Subsec. (b)(3). Pub. L. 101-382, Sec. 132(b)(2)(C), substituted

''joint'' for ''concurrent''.

Subsec. (e)(2). Pub. L. 101-382, Sec. 132(b)(2)(D), (E),

substituted ''revenue bill or resolution'' for ''revenue bill'' in

three places and ''such bill or resolution'' for ''such bill'' in

five places.

1988 - Subsec. (b)(1). Pub. L. 100-418 inserted reference to

section 2903(a)(1) of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective, except as otherwise

provided, on the date on which the WTO Agreement enters into force

with respect to the United States (Jan. 1, 1995), and applicable

with respect to investigations, reviews, and inquiries initiated

and petitions filed under specified provisions of subtitle IV (Sec.

1671 et seq.) of chapter 4 of this title after such date, see

section 291 of Pub. L. 103-465, set out as a note under section

1671 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2112, 2435, 2437, 2503,

2504, 2903, 2905, 2906, 3311, 3511, 3803 of this title.

-CITE-

19 USC Sec. 2192 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 5 - Congressional Procedures With Respect to Presidential

Actions

-HEAD-

Sec. 2192. Resolutions disapproving certain actions

-STATUTE-

(a) Contents of resolutions

(1) For purposes of this section, the term ''resolution'' means

only -

(A) a joint resolution of the two Houses of the Congress, the

matter after the resolving clause of which is as follows: ''That

the Congress does not approve the action taken by, or the

determination of, the President under section 203 of the Trade

Act of 1974 transmitted to the Congress on _ _ _.'', the blank

space being filled with the appropriate date; and

(B) a joint resolution of the two Houses of Congress, the

matter after the resolving clause of which is as follows: ''That

the Congress does not approve _ _ _ transmitted to the Congress

on _ _ _.'', with the first blank space being filled in

accordance with paragraph (2), and the second blank space being

filled with the appropriate date.

(2) The first blank space referred to in paragraph (1)(B) shall

be filled, in the case of a resolution referred to in section

2437(c)(2) of this title, with the phrase ''the report of the

President submitted under section _ _ _ of the Trade Act of 1974

with respect to _ _ _'' (with the first blank space being filled

with ''402(b)'' or ''409(b)'', as appropriate, and the second blank

space being filled with the name of the country involved).

(b) Reference to committees

All resolutions introduced in the House of Representatives shall

be referred to the Committee on Ways and Means and all resolutions

introduced in the Senate shall be referred to the Committee on

Finance.

(c) Discharge of committees

(1) If the committee of either House to which a resolution has

been referred has not reported it at the end of 30 days after its

introduction, not counting any day which is excluded under section

2194(b) of this title, it is in order to move either to discharge

the committee from further consideration of the resolution or to

discharge the committee from further consideration of any other

resolution introduced with respect to the same matter, except that

a motion to discharge -

(A) may only be made on the second legislative day after the

calendar day on which the Member making the motion announces to

the House his intention to do so; and

(B) is not in order after the Committee (FOOTNOTE 1) has

reported a resolution with respect to the same matter.

(FOOTNOTE 1) So in original. Probably should not be

capitalized.

(2) A motion to discharge under paragraph (1) may be made only by

an individual favoring the resolution, and is highly privileged in

the House and privileged in the Senate; and debate thereon shall be

limited to not more than 1 hour, the time to be divided in the

House equally between those favoring and those opposing the

resolution, and to be divided in the Senate equally between, and

controlled by, the majority leader and the minority leader or their

designees. An amendment to the motion is not in order, and it is

not in order to move to reconsider the vote by which the motion is

agreed to or disagreed to.

(d) Floor consideration in the House

(1) A motion in the House of Representatives to proceed to the

consideration of a resolution shall be highly privileged and not

debatable. An amendment to the motion shall not be in order, nor

shall it be in order to move to reconsider the vote by which the

motion is agreed to or disagreed to.

(2) Debate in the House of Representatives on a resolution shall

be limited to not more than 20 hours, which shall be divided

equally between those favoring and those opposing the resolution.

A motion further to limit debate shall not be debatable. No

amendment to, or motion to recommit, the resolution shall be in

order. It shall not be in order to move to reconsider the vote by

which a resolution is agreed to or disagreed to.

(3) Motions to postpone, made in the House of Representatives

with respect to the consideration of a resolution, and motions to

proceed to the consideration of other business, shall be decided

without debate.

(4) All appeals from the decisions of the Chair relating to the

application of the Rules of the House of Representatives to the

procedure relating to a resolution shall be decided without debate.

(5) Except to the extent specifically provided in the preceding

provisions of this subsection, consideration of a resolution in the

House of Representatives shall be governed by the Rules of the

House of Representatives applicable to other resolutions in similar

circumstances.

(e) Floor consideration in the Senate

(1) A motion in the Senate to proceed to the consideration of a

resolution shall be privileged. An amendment to the motion shall

not be in order, nor shall it be in order to move to reconsider the

vote by which the motion is agreed to or disagreed to.

(2) Debate in the Senate on a resolution, and all debatable

motions and appeals in connection therewith, shall be limited to

not more than 20 hours, to be equally divided between, and

controlled by, the majority leader and the minority leader or their

designees.

(3) Debate in the Senate on any debatable motion or appeal in

connection with a resolution shall be limited to not more than 1

hour, to be equally divided between, and controlled by, the mover

and the manager of the resolution, except that in the event the

manager of the resolution is in favor of any such motion or appeal,

the time in opposition thereto, shall be controlled by the minority

leader or his designee. Such leaders, or either of them, may, from

time under their control on the passage of a resolution, allot

additional time to any Senator during the consideration of any

debatable motion or appeal.

(4) A motion in the Senate to further limit debate on a

resolution, debatable motion, or appeal is not debatable. No

amendment to, or motion to recommit, a resolution is in order in

the Senate.

(f) Procedures in the Senate

(1) Except as otherwise provided in this section, the following

procedures shall apply in the Senate to a resolution to which this

section applies:

(A)(i) Except as provided in clause (ii), a resolution that has

passed the House of Representatives shall, when received in the

Senate, be referred to the Committee on Finance for consideration

in accordance with this section.

(ii) If a resolution to which this section applies was

introduced in the Senate before receipt of a resolution that has

passed the House of Representatives, the resolution from the

House of Representatives shall, when received in the Senate, be

placed on the calendar. If this clause applies, the procedures

in the Senate with respect to a resolution introduced in the

Senate that contains the identical matter as the resolution that

passed the House of Representatives shall be the same as if no

resolution had been received from the House of Representatives,

except that the vote on passage in the Senate shall be on the

resolution that passed the House of Representatives.

(B) If the Senate passes a resolution before receiving from the

House of Representatives a joint resolution that contains the

identical matter, the joint resolution shall be held at the desk

pending receipt of the joint resolution from the House of

Representatives. Upon receipt of the joint resolution from the

House of Representatives, such joint resolution shall be deemed

to be read twice, considered, read the third time, and passed.

(2) If the texts of joint resolutions described in this section

or section 2193(a) of this title, whichever is applicable,

concerning any matter are not identical -

(A) the Senate shall vote passage on the resolution introduced

in the Senate, and

(B) the text of the joint resolution passed by the Senate

shall, immediately upon its passage (or, if later, upon receipt

of the joint resolution passed by the House), be substituted for

the text of the joint resolution passed by the House of

Representatives, and such resolution, as amended, shall be

returned with a request for a conference between the two Houses.

(3) Consideration in the Senate of any veto message with respect

to a joint resolution described in subsection (a)(2)(B) of this

section or section 2193(a) of this title, including consideration

of all debatable motions and appeals in connection therewith, shall

be limited to 10 hours, to be equally divided between, and

controlled by, the majority leader and the minority leader or their

designees.

-SOURCE-

(Pub. L. 93-618, title I, Sec. 152, Jan. 3, 1975, 88 Stat. 2004;

Pub. L. 96-39, title IX, Sec. 902(a)(1), title XI, Sec. 1106(c)(5),

July 26, 1979, 93 Stat. 299, 312; Pub. L. 98-573, title II, Sec.

248(b), Oct. 30, 1984, 98 Stat. 2998; Pub. L. 101-382, title I,

Sec. 132(c)(2)-(5), Aug. 20, 1990, 104 Stat. 646, 647; Pub. L.

103-465, title II, Sec. 261(d)(1)(A)(ii), Dec. 8, 1994, 108 Stat.

4909; Pub. L. 104-295, Sec. 20(b)(10), Oct. 11, 1996, 110 Stat.

3527.)

-REFTEXT-

REFERENCES IN TEXT

Section 203 of the Trade Act of 1974, referred to in subsec.

(a)(1)(A), is section 203 of Pub. L. 93-618, title II, Jan. 3,

1975, 88 Stat. 2015, which is classified to section 2253 of this

title.

Sections 402(b) and 409(b) of the Trade Act of 1974, referred to

in subsec. (a)(2)(C), are sections 402(b) and 409(b) of Pub. L.

93-618, title IV, Jan. 3, 1975, 88 Stat. 2060, 2064, respectively,

which are classified to sections 2432 and 2439 of this title,

respectively.

-MISC2-

AMENDMENTS

1996 - Subsec. (a)(2). Pub. L. 104-295 amended directory language

of Pub. L. 103-465. See 1994 Amendment note below.

1994 - Subsec. (a)(2). Pub. L. 103-465, as amended by Pub. L.

104-295, substituted comma for ''as follows:'' after ''shall be

filled'' in introductory provisions, struck out ''(B)'' before ''in

the case'', and struck out subpar. (A) which read as follows: ''in

the case of a resolution referred to in section 1303(e) of this

title, with the phrase 'the determination of the Secretary of the

Treasury under section 303(d) of the Tariff Act of 1930'; and''.

1990 - Subsec. (a)(1)(B). Pub. L. 101-382, Sec. 132(c)(2),

amended subpar. (B) generally. Prior to amendment, subpar. (B)

read as follows: ''a resolution of either House of the Congress,

the matter after the resolving clause of which is as follows: 'That

the _ _ _ does not approve _ _ _ transmitted to the Congress on _ _

_.', with the first blank space being filled with the name of the

resolving House, the second blank space being filled in accordance

with paragraph (2), and the third blank space being filled with the

appropriate date.''

Subsec. (a)(2). Pub. L. 101-382, Sec. 132(c)(3), substituted

''first'' for ''second'' in introductory provisions and

''2437(c)(2)'' for ''2437(c)(3)'' in subpar. (C), redesignated

subpar. (C) as (B), and struck out former subpar. (B) which read as

follows: ''in the case of a resolution referred to in section

2437(c)(2) of this title, with the phrase 'the extension of

nondiscriminatory treatment with respect to the products of _ _ _'

(with this blank space being filled with the name of the country

involved); and''.

Subsec. (c)(1). Pub. L. 101-382, Sec. 132(c)(4), substituted

''except that a motion to discharge -

''(A) may only be made on the second legislative day after the

calendar day on which the Member making the motion announces to

the House his intention to do so; and

''(B) is not in order after the Committee has reported a

resolution with respect to the same matter'' for ''except no

motion to discharge shall be in order after the committee has

reported a resolution with respect to the same matter''.

Subsec. (f). Pub. L. 101-382, Sec. 132(c)(5), amended subsec. (f)

generally. Prior to amendment, subsec. (f) read as follows: ''In

the case of a resolution described in subsection (a)(1) of this

section, if prior to the passage by one House of a resolution of

that House, that House receives a resolution with respect to the

same matter from the other House, then -

''(1) the procedure in that House shall be the same as if no

resolution had been received from the other House; but

''(2) the vote on final passage shall be on the resolution of

the other House.''

1984 - Subsec. (a)(1)(A). Pub. L. 98-573 substituted ''joint

resolution'' for ''concurrent resolution''.

1979 - Subsec. (a)(1)(A). Pub. L. 96-39, Sec. 902(a)(1)(A),

substituted ''does not approve the action taken by, or the

determination of, the President under section 203 of the Trade Act

of 1974 transmitted to the Congress on _ _ _.', the blank space

being filled with the appropriate date'' for ''does not approve _ _

_ transmitted to the Congress on _ _ _.', the first blank space

being filled in accordance with paragraph (2) and the second blank

space being filled with the appropriate date''.

Subsec. (a)(1)(B). Pub. L. 96-39, Sec. 902(a)(1)(B), substituted

''paragraph (2),'' for ''paragraph (3),''.

Subsec. (a)(2), (3). Pub. L. 96-39, Sec. 902(a)(1)(C), (D),

redesignated par. (3) as (2). Former par. (2), relating to the

first blank space referred to in subsec. (a)(1)(A), was struck out.

Subsec. (c)(1). Pub. L. 96-39, Sec. 1106(c)(5), substituted

''section 2194(b) of this title'' for ''section 2193(b) of this

title''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective on the effective date of

title II of Pub. L. 103-465, Jan. 1, 1995, see section 261(d)(2) of

Pub. L. 103-465, set out as a note under section 1315 of this

title.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by section 132(c)(4) and (5) of Pub. L. 101-382

applicable with respect to recommendations made under section

2432(d) of this title by the President after May 23, 1990, see

section 132(d) of Pub. L. 101-382, set out as a note under section

2432 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 effective on 15th day after Oct. 30,

1984, see section 214(a), (b) of Pub. L. 98-573, set out as a note

under section 1304 of this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-39 effective July 26, 1979, see sections

903 and 1114 of Pub. L. 96-39, set out as Effective Date notes

under sections 2411 and 2581 of this title, respectively.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1330, 2191, 2193, 2253,

2412, 2437, 2903, 3535, 3803, 3804, 3805 of this title.

-CITE-

19 USC Sec. 2193 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 5 - Congressional Procedures With Respect to Presidential

Actions

-HEAD-

Sec. 2193. Resolutions relating to extension of waiver authority

under section 402 of the Trade Act of 1974

-STATUTE-

(a) Contents of resolution

For purposes of this section, the term ''resolution'' means only

a joint resolution of the two Houses of Congress, the matter after

the resolving clause of which is as follows: ''That the Congress

does not approve the extension of the authority contained in

section 402(c) of the Trade Act of 1974 recommended by the

President to the Congress on _ _ _ with respect to _ _ _.'', with

the first blank space being filled with the appropriate date, and

the second blank space being filled with the names of those

countries, if any, with respect to which such extension of

authority is not approved, and with the clause beginning with

''with respect to'' being omitted if the extension of the authority

is not approved with respect to any country.

(b) Application of rules of section 2192 of this title; exceptions

(1) Except as provided in this section, the provisions of section

2192 of this title shall apply to resolutions described in

subsection (a) of this section.

(2) In applying section 2192(c)(1) of this title, all calendar

days shall be counted.

(3) That part of section 2192(d)(2) of this title which provides

that no amendment is in order shall not apply to any amendment to a

resolution which is limited to striking out or inserting the names

of one or more countries or to striking out or inserting a

with-respect-to clause. Debate in the House of Representatives on

any amendment to a resolution shall be limited to not more than 1

hour which shall be equally divided between those favoring and

those opposing the amendment. A motion in the House to further

limit debate on an amendment to a resolution is not debatable.

(4) That part of section 2192(e)(4) of this title which provides

that no amendment is in order shall not apply to any amendment to a

resolution which is limited to striking out or inserting the names

of one or more countries or to striking out or inserting a

with-respect-to clause. The time limit on a debate on a resolution

in the Senate under section 2192(e)(2) of this title shall include

all amendments to a resolution. Debate in the Senate on any

amendment to a resolution shall be limited to not more than 1 hour,

to be equally divided between, and controlled by, the mover and the

manager of the resolution, except that in the event the manager of

the resolution is in favor of any such amendment, the time in

opposition thereto shall be controlled by the minority leader or

his designee. The majority leader and minority leader may, from

time under their control on the passage of a resolution, allot

additional time to any Senator during the consideration of any

amendment. A motion in the Senate to further limit debate on an

amendment to a resolution is not debatable.

(c) Consideration of second resolution not in order

It shall not be in order in either the House of Representatives

or the Senate to consider a resolution with respect to a

recommendation of the President under section 2432(d) of this title

(other than a resolution described in subsection (a) of this

section received from the other House), if that House has adopted a

resolution with respect to the same recommendation.

(d) Procedures relating to conference reports in the Senate

(1) Consideration in the Senate of the conference report on any

joint resolution described in subsection (a) of this section,

including consideration of all amendments in disagreement (and all

amendments thereto), and consideration of all debatable motions and

appeals in connection therewith, shall be limited to 10 hours, to

be equally divided between, and controlled by, the majority leader

and the minority leader or their designees. Debate on any

debatable motion or appeal related to the conference report shall

be limited to 1 hour, to be equally divided between, and controlled

by, the mover and the manager of the conference report.

(2) In any case in which there are amendments in disagreement,

time on each amendment shall be limited to 30 minutes, to be

equally divided between, and controlled by, the manager of the

conference report and the minority leader or his designee. No

amendment to any amendment in disagreement shall be received unless

it is a germane amendment.

-SOURCE-

(Pub. L. 93-618, title I, Sec. 153, Jan. 3, 1975, 88 Stat. 2006;

Pub. L. 101-382, title I, Sec. 132(a)(3)-(6), Aug. 20, 1990, 104

Stat. 644, 645.)

-REFTEXT-

REFERENCES IN TEXT

Section 402 of the Trade Act of 1974, referred to in catchline

and subsec. (a), is classified to section 2432 of this title.

-MISC2-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-382, Sec. 132(a)(3), amended

subsec. (a) generally. Prior to amendment, subsec. (a) read as

follows: ''For purposes of this section, the term 'resolution'

means only -

''(1) a concurrent resolution of the two Houses of the

Congress, the matter after the resolving clause of which is as

follows: 'That the Congress approves the extension of the

authority contained in section 402(c)(1) of the Trade Act of 1974

recommended by the President to the Congress on _ _ _, except

with respect to _ _ _.', with the first blank space being filled

with the appropriate date and the second blank space being filled

with the names of those countries, if any, with respect to which

such extension of authority is not approved, and with the except

clause being omitted if there is no such country; and

''(2) a resolution of either House of the Congress, the matter

after the resolving clause of which is as follows: 'That the _ _

_ does not approve the extension of the authority contained in

section 402(c) of the Trade Act of 1974 recommended by the

President to the Congress on _ _ _ with respect to _ _ _.', with

the first blank space being filled with the name of the resolving

House, the second blank space being filled with the appropriate

date, and the third blank space being filled with the names of

those countries, if any, with respect to which such extension of

authority is not approved, and with the with-respect-to clause

being omitted if the extension of the authority is not approved

with respect to any country.''

Subsec. (b). Pub. L. 101-382, Sec. 132(a)(4), in par. (2), struck

out provisions substituting 20 days for 30 days in resolution

related to section 2432(d)(4) of this title, and in pars. (3) and

(4), struck out provisions relating to except clause in resolutions

under subsec. (a)(1) and provisions identifying with-respect-to

clause as relating to resolutions under subsec. (a)(2).

Subsec. (c). Pub. L. 101-382, Sec. 132(a)(5), substituted

''subsection (a)'' for ''subsection (a)(1)''.

Subsec. (d). Pub. L. 101-382, Sec. 132(a)(6), added subsec. (d).

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-382 applicable with respect to

recommendations made under section 2432(d) of this title by the

President after May 23, 1990, see section 132(d) of Pub. L.

101-382, set out as a note under section 2432 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2191, 2192, 2432 of this

title.

-CITE-

19 USC Sec. 2194 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 5 - Congressional Procedures With Respect to Presidential

Actions

-HEAD-

Sec. 2194. Special rules relating to Congressional procedures

-STATUTE-

(a) Delivery of documents to both Houses

Whenever, pursuant to section 2112(e), 2253(b), 2432(d), or

2437(a) or (b), a document is required to be transmitted to the

Congress, copies of such document shall be delivered to both Houses

of Congress on the same day and shall be delivered to the Clerk of

the House of Representatives if the House is not in session and to

the Secretary of the Senate if the Senate is not in session.

(b) Computation of 90-day period

For purposes of sections 2253(c) and 2437(c)(2) of this title,

the 90-day period referred to in such sections shall be computed by

excluding -

(1) the days on which either House is not in session because of

an adjournment of more than 3 days to a day certain or an

adjournment of the Congress sine die, and

(2) any Saturday and Sunday, not excluded under paragraph (1),

when either House is not in session.

-SOURCE-

(Pub. L. 93-618, title I, Sec. 154, Jan. 3, 1975, 88 Stat. 2008;

Pub. L. 96-39, title IX, Sec. 902(a)(2), July 26, 1979, 93 Stat.

300; Pub. L. 101-382, title I, Sec. 132(c)(6), Aug. 20, 1990, 104

Stat. 647; Pub. L. 103-465, title II, Sec. 261(d)(1)(A)(iii), Dec.

8, 1994, 108 Stat. 4909; Pub. L. 106-36, title I, Sec. 1001(a)(5),

June 25, 1999, 113 Stat. 130.)

-MISC1-

AMENDMENTS

1999 - Subsec. (b). Pub. L. 106-36 substituted ''For purposes of

sections 2253(c) and 2437(c)(2) of this title, the 90-day period''

for ''For purposes of sections 2253(c), and 2437(c)(2) of this

title, the 90-day period'' in introductory provisions.

1994 - Subsec. (a). Pub. L. 103-465 struck out reference to

section 1303(e) of this title.

1990 - Subsec. (b). Pub. L. 101-382, which directed the

substitution of ''and 2437(c)(2)'' for ''2437(c)(2) and

2437(c)(3)'', was executed by making the substitution for

''2437(c)(2), and 2437(c)(3)'' to reflect the probable intent of

Congress.

1979 - Subsec. (a). Pub. L. 96-39 struck out reference to section

2412(a) of this title.

Subsec. (b). Pub. L. 96-39 struck out reference to section

2412(b) of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective on the effective date of

title II of Pub. L. 103-465, Jan. 1, 1995, see section 261(d)(2) of

Pub. L. 103-465, set out as a note under section 1315 of this

title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-39 effective July 26, 1979, see section

903 of Pub. L. 96-39, set out as an Effective Date note under

section 2411 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2192, 2432, 2437, 3535 of

this title.

-CITE-

19 USC Part 6 - Congressional Liaison and Reports 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 6 - Congressional Liaison and Reports

.

-HEAD-

Part 6 - Congressional Liaison and Reports

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 2514 of this title.

-CITE-

19 USC Sec. 2211 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 6 - Congressional Liaison and Reports

-HEAD-

Sec. 2211. Congressional advisers for trade policy and negotiations

-STATUTE-

(a) Selection

(1) At the beginning of each regular session of Congress, the

Speaker of the House of Representatives, upon the recommendation of

the chairman of the Committee on Ways and Means, shall select 5

members (not more than 3 of whom are members of the same political

party) of such committee, and the President pro tempore of the

Senate, upon the recommendation of the chairman of the Committee on

Finance, shall select 5 members (not more than 3 of whom are

members of the same political party) of such committee, who shall

be designated congressional advisers on trade policy and

negotiations. They shall provide advice on the development of

trade policy and priorities for the implementation thereof. They

shall also be accredited by the United States Trade Representative

on behalf of the President as official advisers to the United

States delegations to international conferences, meetings, and

negotiating sessions relating to trade agreements.

(2)(A) In addition to the advisers designated under paragraph (1)

from the Committee on Ways and Means and the Committee on Finance -

(i) the Speaker of the House may select additional members of

the House, for designation as congressional advisers regarding

specific trade policy matters or negotiations, from any other

committee of the House or joint committee of Congress that has

jurisdiction over legislation likely to be affected by such

matters or negotiations; and

(ii) the President pro tempore of the Senate may select

additional members of the Senate, for designation as

congressional advisers regarding specific trade policy matters or

negotiations, from any other committee of the Senate or joint

committee of Congress that has jurisdiction over legislation

likely to be affected by such matters or negotiations.

Members of the House and Senate selected as congressional advisers

under this subparagraph shall be accredited by the United States

Trade Representative.

(B) Before designating any member under subparagraph (A), the

Speaker or the President pro tempore shall consult with -

(i) the chairman and ranking member of the Committee on Ways

and Means or the Committee on Finance, as appropriate; and

(ii) the chairman and ranking minority member of the committee

from which the member will be selected.

(C) Not more than 3 members (not more than 2 of whom are members

of the same political party) may be selected under this paragraph

as advisers from any committee of Congress.

(b) Briefing

(1) The United States Trade Representative shall keep each

official adviser designated under subsection (a)(1) of this section

currently informed on matters affecting the trade policy of the

United States and, with respect to possible agreements, negotiating

objectives, the status of negotiations in progress, and the nature

of any changes in domestic law or the administration thereof which

may be recommended to Congress to carry out any trade agreement or

any requirement of, amendment to, or recommendation under, such

agreement.

(2) The United States Trade Representative shall keep each

official adviser designated under subsection (a)(2) of this section

currently informed regarding the trade policy matters and

negotiations with respect to which the adviser is designated.

(3)(A) The chairmen of the Committee on Ways and Means and the

Committee on Finance may designate members (in addition to the

official advisers under subsection (a)(1) of this section) and

staff members of their respective committees who shall have access

to the information provided to official advisers under paragraph

(1).

(B) The Chairman (FOOTNOTE 1) of any committee of the House or

Senate or any joint committee of Congress from which official

advisers are selected under subsection (a)(2) of this section may

designate other members of such committee, and staff members of

such committee, who shall have access to the information provided

to official advisers under paragraph (2).

(FOOTNOTE 1) So in original. Probably should not be

capitalized.

(c) Committee consultation

The United States Trade Representative shall consult on a

continuing basis with the Committee on Ways and Means of the House

of Representatives, the Committee on Finance of the Senate, and the

other appropriate committees of the House and Senate on the

development, implementation, and administration of overall trade

policy of the United States. Such consultations shall include, but

are not limited to, the following elements of such policy:

(1) The principal multilateral and bilateral negotiating

objectives and the progress being made toward their achievement.

(2) The implementation, administration, and effectiveness of

recently concluded multilateral and bilateral trade agreements

and resolution of trade disputes.

(3) The actions taken, and proposed to be taken, under the

trade laws of the United States and the effectiveness, or

anticipated effectiveness, of such actions in achieving trade

policy objectives.

(4) The important developments and issues in other areas of

trade for which there must be developed proper policy response.

When necessary, meetings shall be held with each Committee

(FOOTNOTE 1) in executive session to review matters under

negotiation.

-SOURCE-

(Pub. L. 93-618, title I, Sec. 161, Jan. 3, 1975, 88 Stat. 2008;

Pub. L. 96-39, Sec. 3(e), July 26, 1979, 93 Stat. 150; Pub. L.

100-418, title I, Sec. 1632, Aug. 23, 1988, 102 Stat. 1269.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-418 amended section generally, substituting

present provisions for similar provisions which had related to

Congressional delegates to negotiations, and changing the structure

of the section from one consisting of subsecs. (a) and (b) to one

consisting of subsecs. (a) to (c).

1979 - Subsec. (b)(1). Pub. L. 96-39 substituted ''trade

agreement or any requirement of, amendment to, or recommendation

under, such agreement'' for ''trade agreement''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2132, 2155, 2517, 3802 of

this title.

-CITE-

19 USC Sec. 2212 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 6 - Congressional Liaison and Reports

-HEAD-

Sec. 2212. Transmission of agreements to Congress

-STATUTE-

(a) Submission of copy and reasons

As soon as practicable after a trade agreement entered into under

section 2133 or 2134 of this title or under section 3803 of this

title has entered into force with respect to the United States, the

President shall, if he has not previously done so, transmit a copy

of such trade agreement to each House of the Congress together with

a statement, in the light of the advice of the International Trade

Commission under section 2151(b) of this title, if any, and of

other relevant considerations, of his reasons for entering into the

agreement.

(b) Submission to each member

The President shall transmit to each Member of the Congress a

summary of the information required to be transmitted to each House

under subsection (a) of this section. For purposes of this

subsection, the term ''Member'' includes any Delegate or Resident

Commissioner.

-SOURCE-

(Pub. L. 93-618, title I, Sec. 162, Jan. 3, 1975, 88 Stat. 2008;

Pub. L. 100-647, title IX, Sec. 9001(a)(10), Nov. 10, 1988, 102

Stat. 3807; Pub. L. 107-210, div. B, title XXI, Sec. 2110(a)(6),

Aug. 6, 2002, 116 Stat. 1020.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-210 substituted ''or under

section 3803 of this title'' for ''or under section 2902 of this

title''.

1988 - Subsec. (a). Pub. L. 100-647 struck out ''part 1 of this

subchapter or'' after ''entered into under'', and inserted ''or

under section 2902 of this title'' after ''2134 of this title''.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-647 applicable as if such amendment took

effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647,

set out as an Effective and Termination Dates of 1988 Amendments

note under section 58c of this title.

-TRANS-

DELEGATION OF AUTHORITY

For delegation of functions of President under div. B of Pub. L.

107-210, amending this section, see section 1 of Ex. Ord. No.

13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under

section 3801 of this title.

-CITE-

19 USC Sec. 2213 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 6 - Congressional Liaison and Reports

-HEAD-

Sec. 2213. Reports

-STATUTE-

(a) Annual report on trade agreements program and national trade

policy agenda

(1) The President shall submit to the Congress during each

calendar year (but not later than March 1 of that year) a report on

-

(A) the operation of the trade agreements program, and the

provision of import relief and adjustment assistance to workers

and firms, under this chapter during the preceding calendar year;

and

(B) the national trade policy agenda for the year in which the

report is submitted.

(2) The report shall include, with respect to the matters

referred to in paragraph (1)(A), information regarding -

(A) new trade negotiations;

(B) changes made in duties and nontariff barriers and other

distortions of trade of the United States;

(C) reciprocal concessions obtained;

(D) changes in trade agreements (including the incorporation

therein of actions taken for import relief and compensation

provided therefor);

(E) the extension or withdrawal of nondiscriminatory treatment

by the United States with respect to the products of foreign

countries;

(F) the extension, modification, withdrawal, suspension, or

limitation of preferential treatment to exports of developing

countries;

(G) the results of actions to obtain the removal of foreign

trade restrictions (including discriminatory restrictions)

against United States exports and the removal of foreign

practices which discriminate against United States service

industries (including transportation and tourism) and investment;

(H) the measures being taken to seek the removal of other

significant foreign import restrictions;

(I) each of the referrals made under section 2171(d)(1)(B) of

this title and any action taken with respect to such referral;

(J) other information relating to the trade agreements program

and to the agreements entered into thereunder; and

(K) the number of applications filed for adjustment assistance

for workers and firms, the number of such applications which were

approved, and the extent to which adjustment assistance has been

provided under such approved applications.

(3)(A) The national trade policy agenda required under paragraph

(1)(B) for the year in which a report is submitted shall be in the

form of a statement of -

(i) the trade policy objectives and priorities of the United

States for the year, and the reasons therefor;

(ii) the actions proposed, or anticipated, to be undertaken

during the year to achieve such objectives and priorities,

including, but not limited to, actions authorized under the trade

laws and negotiations with foreign countries;

(iii) any proposed legislation necessary or appropriate to

achieve any of such objectives or priorities; and

(iv) the progress that was made during the preceding year in

achieving the trade policy objectives and priorities included in

the statement provided for that year under this paragraph.

(B) The President may separately submit any information referred

to in subparagraph (A) to the Congress in confidence if the

President considers confidentiality appropriate.

(C) Before submitting the national trade policy agenda for any

year, the President shall seek advice from the appropriate advisory

committees established under section 2155 of this title and shall

consult with the appropriate committees of the Congress.

(D) The United States Trade Representative (hereafter referred to

in this section as the ''Trade Representative'') and other

appropriate officials of the United States Government shall consult

periodically with the appropriate committees of the Congress

regarding the annual objectives and priorities set forth in each

national trade policy agenda with respect to -

(i) the status and results of the actions that have been

undertaken to achieve the objectives and priorities; and

(ii) any development which may require, or result in, changes

to any of such objectives or priorities.

(b) Annual trade projection report

(1) In order for the Congress to be informed of the impact of

foreign trade barriers and macroeconomic factors on the balance of

trade of the United States, the Trade Representative and the

Secretary of the Treasury shall jointly prepare and submit to the

Committee on Finance of the Senate and the Committee on Ways and

Means of the House of Representatives (hereafter referred to in

this subsection as the ''Committees'') on or before March 1 of each

year a report which consists of -

(A) a review and analysis of -

(i) the merchandise balance of trade,

(ii) the goods and services balance of trade,

(iii) the balance on the current account,

(iv) the external debt position,

(v) the exchange rates,

(vi) the economic growth rates,

(vii) the deficit or surplus in the fiscal budget, and

(viii) the impact on United States trade of market barriers

and other unfair practices,

of countries that are major trading partners of the United

States, including, as appropriate, groupings of such countries;

(B) projections for each of the economic factors described in

subparagraph (A) (except those described in clauses (v) and

(viii)) for each of the countries and groups of countries

referred to in subparagraph (A) for the year in which the report

is submitted and for the succeeding year; and

(C) conclusions and recommendations, based upon the projections

referred to in subparagraph (B), for policy changes, including

trade policy, exchange rate policy, fiscal policy, and other

policies that should be implemented to improve the outlook.

(2) To the extent that subjects referred to in paragraph (1)(A),

(B), or (C) are covered in the national trade policy agenda

required under subsection (a)(1)(B) of this section or in other

reports required by this chapter or other law, the Trade

Representative and the Secretary of the Treasury may, as

appropriate, draw on the information, analysis, and conclusions, if

any, in those reports for the purposes of preparing the report

required by this subsection.

(3) The Trade Representative and the Secretary of the Treasury

shall consult with the Chairman of the Board of Governors of the

Federal Reserve System in the preparation of each report required

under this subsection.

(4) The Trade Representative and the Secretary of the Treasury

may separately submit any information, analysis, or conclusion

referred to in paragraph (1) to the Committees in confidence if the

Trade Representative and the Secretary consider confidentiality

appropriate.

(5) After submission of each report required under paragraph (1),

the Trade Representative and the Secretary of the Treasury shall

consult with each of the Committees with respect to the report.

(c) ITC reports

The United States International Trade Commission shall submit to

the Congress, at least once a year, a factual report on the

operation of the trade agreements program.

-SOURCE-

(Pub. L. 93-618, title I, Sec. 163, Jan. 3, 1975, 88 Stat. 2009;

Pub. L. 100-418, title I, Sec. 1641, Aug. 23, 1988, 102 Stat.

1271.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a)(1)(A) and (b), was in

the original ''this Act'', meaning Pub. L. 93-618, Jan. 3, 1975, 88

Stat. 1978, as amended, which is classified principally to this

chapter. For complete classification of this Act to the Code, see

References in Text note set out under section 2101 of this title

and Tables.

-MISC2-

AMENDMENTS

1988 - Pub. L. 100-418 amended section generally, completely

revising and expanding provisions covering reports, changing the

structure of the section from one consisting of subsecs. (a) and

(b) to one consisting of subsecs. (a) to (c).

TRADE DEFICIT REVIEW COMMISSION

Pub. L. 105-277, div. A, Sec. 127, Oct. 21, 1998, 112 Stat.

2681-547, as amended by Pub. L. 106-57, title III, Sec. 311, Sept.

29, 1999, 113 Stat. 427; Pub. L. 106-246, div. B, title II, Sec.

2501, July 13, 2000, 114 Stat. 556; Pub. L. 107-107, div. A, title

X, Sec. 1048(i)(10), Dec. 28, 2001, 115 Stat. 1229, provided that:

''(a) Short Title. - This section may be cited as the 'Trade

Deficit Review Commission Act'.

''(b) Findings. - Congress makes the following findings:

''(1) The United States continues to run substantial

merchandise trade and current account deficits.

''(2) Economic forecasts anticipate continued growth in such

deficits in the next few years.

''(3) The positive net international asset position that the

United States built up over many years was eliminated in the

1980s. The United States today has become the world's largest

debtor nation.

''(4) The United States merchandise trade deficit is

characterized by large bilateral trade imbalances with a handful

of countries.

''(5) The United States has one of the most open borders and

economies in the world. The United States faces significant

tariff and nontariff trade barriers with its trading partners.

The United States does not benefit from fully reciprocal market

access.

''(6) The United States is once again at a critical juncture in

trade policy development. The nature of the United States trade

deficit and its causes and consequences must be analyzed and

documented.

''(c) Establishment of Commission. -

''(1) Establishment. - There is established a commission to be

known as the Trade Deficit Review Commission (hereafter in this

section referred to as the 'Commission').

''(2) Purpose. - The purpose of the Commission is to study the

nature, causes, and consequences of the United States merchandise

trade and current account deficits.

''(3) Membership of commission. -

''(A) Composition. - The Commission shall be composed of 12

members as follows:

''(i) Three persons shall be appointed by the President pro

tempore of the Senate upon the recommendation of the Majority

Leader of the Senate, after consultation with the Chairman of

the Committee on Finance.

''(ii) Three persons shall be appointed by the President

pro tempore of the Senate upon the recommendation of the

Minority Leader of the Senate, after consultation with the

ranking minority member of the Committee on Finance.

''(iii) Three persons shall be appointed by the Speaker of

the House of Representatives, after consultation with the

Chairman of the Committee on Ways and Means.

''(iv) Three persons shall be appointed by the Minority

Leader of the House of Representatives, after consultation

with the ranking minority member of the Committee on Ways and

Mean.

''(B) Qualifications of members. -

''(i) Appointments. - Persons who are appointed under

subparagraph (A) shall be persons who -

''(I) have expertise in economics, international trade,

manufacturing, labor, environment, business, or have other

pertinent qualifications or experience; and

''(II) are not officers or employees of the United States.

''(ii) Other considerations. - In appointing Commission

members, every effort shall be made to ensure that the

members -

''(I) are representative of a broad cross-section of economic and

trade perspectives within the United States; and

''(II) provide fresh insights to analyzing the causes and

consequences of United States merchandise trade and current

account deficits.

''(4) Period of appointment; vacancies. -

''(A) In general. - Members shall be appointed not later than

60 days after the date of enactment of this Act (Oct. 21, 1998)

and the appointment shall be for the life of the Commission.

''(B) Vacancies. - Any vacancy in the Commission shall not

affect its powers, but shall be filled in the same manner as

the original appointment.

''(5) Initial meeting. - Not later than 30 days after the date

on which all members of the Commission have been appointed, the

Commission shall hold its first meeting.

''(6) Meetings. - The Commission shall meet at the call of the

Chairperson.

''(7) Chairperson and vice chairperson. - The members of the

Commission shall elect a chairperson and vice chairperson from

among the members of the Commission.

''(8) Quorum. - A majority of the members of the Commission

shall constitute a quorum for the transaction of business.

''(9) Voting. - Each member of the Commission shall be entitled

to 1 vote, which shall be equal to the vote of every other member

of the Commission.

''(d) Duties of the Commission. -

''(1) In general. - The Commission shall be responsible for

examining the nature, causes, and consequences of, and the

accuracy of available data on, the United States merchandise

trade and current account deficits.

''(2) Issues to be addressed. - The Commission shall examine

and report to the President, the Committee on Ways and Means of

the House of Representatives, the Committee on Finance of the

Senate, and other appropriate committees of Congress on the

following:

''(A) The relationship of the merchandise trade and current

account balances to the overall well-being of the United States

economy, and to wages and employment in various sectors of the

United States economy.

''(B) The impact that United States monetary and fiscal

policies may have on United States merchandise trade and

current account deficits.

''(C) The extent to which the coordination, allocation, and

accountability of trade responsibilities among Federal agencies

may contribute to the trade and current account deficits.

''(D) The causes and consequences of the merchandise trade

and current account deficits and specific bilateral trade

deficits, including -

''(i) identification and quantification of -

''(I) the macroeconomic factors and bilateral trade barriers that

may contribute to the United States merchandise trade and

current account deficits;

''(II) any impact of the merchandise trade and current account

deficits on the domestic economy, industrial base,

manufacturing capacity, technology, number and quality of

jobs, productivity, wages, and the United States standard

of living;

''(III) any impact of the merchandise trade and current account

deficits on the defense production and innovation

capabilities of the United States; and

''(IV) trade deficits within individual industrial, manufacturing,

and production sectors, and any relationship between such

deficits and the increasing volume of intra-industry and

intra-company transactions;

''(ii) a review of the adequacy and accuracy of the current

collection and reporting of import and export data, and the

identification and development of additional data bases and

economic measurements that may be needed to properly quantify

the merchandise trade and current account balances, and any

impact the merchandise trade and current account balances may

have on the United States economy; and

''(iii) the extent to which there is reciprocal market

access substantially equivalent to that afforded by the

United States in each country with which the United States

has a persistent and substantial bilateral trade deficit, and

the extent to which such deficits have become structural.

''(E) Any relationship of United States merchandise trade and

current account deficits to both comparative and competitive

trade advantages within the global economy, including -

''(i) a systematic analysis of the United States trade

patterns with different trading partners and to what extent

the trade patterns are based on comparative and competitive

trade advantages;

''(ii) the extent to which the increased mobility of

capital and technology has changed both comparative and

competitive trade advantages;

''(iii) any impact that labor, environmental, or health and

safety standards may have on comparative and competitive

trade advantages;

''(iv) the effect that offset and technology transfer

agreements have on the long-term competitiveness of the

United States manufacturing sectors; and

''(v) any effect that international trade, labor,

environmental, or other agreements may have on United States

competitiveness.

''(F) The extent to which differences in the growth rates of

the United States and its trading partners may impact on United

States merchandise trade and current account deficits.

''(G) The impact that currency exchange rate fluctuations and

any manipulation of exchange rates may have on United States

merchandise trade and current account deficits.

''(H) The flow of investments both into and out of the United

States, including -

''(i) any consequences for the United States economy of the

current status of the United States as a debtor nation;

''(ii) any relationship between such investment flows and

the United States merchandise trade and current account

deficits and living standards of United States workers;

''(iii) any impact such investment flows may have on United

States labor, community, environmental, and health and safety

standards, and how such investment flows influence the

location of manufacturing facilities; and

''(iv) the effect of barriers to United States foreign

direct investment in developed and developing nations,

particularly nations with which the United States has a

merchandise trade and current account deficit.

''(e) Final Report. -

''(1) In general. - Not later than 15 months after the date of

the initial meeting of the Commission, the Commission shall

submit to the President and Congress a final report which

contains -

''(A) the findings and conclusions of the Commission

described in subsection (d); and

''(B) recommendations for addressing the problems identified

as part of the Commission's analysis.

''(2) Separate views. - Any member of the Commission may submit

additional findings and recommendations as part of the final

report.

''(f) Powers of Commission. -

''(1) Hearings. - The Commission may hold such hearings, sit

and act at such times and places, take such testimony, and

receive such evidence as the Commission may find advisable to

fulfill the requirements of this section. The Commission shall

hold at least 1 or more hearings in Washington, D.C., and 4 in

different regions of the United States.

''(2) Information from federal agencies. - The Commission may

secure directly from any Federal department or agency such

information as the Commission considers necessary to carry out

the provisions of this section. Upon request of the Chairperson

of the Commission, the head of such department or agency shall

furnish such information to the Commission.

''(3) Postal services. - The Commission may use the United

States mails in the same manner and under the same conditions as

other departments and agencies of the Federal Government.

''(g) Commission Personnel Matters. -

''(1) Compensation of members. - Each member of the Commission

shall be compensated at a rate equal to the daily equivalent of

the annual rate of basic pay prescribed for level IV of the

Executive Schedule under section 5315 of title 5, United States

Code, for each day (including travel time) during which such

member is engaged in the performance of the duties of the

Commission.

''(2) Travel expenses. - The members of the Commission shall be

allowed travel expenses, including per diem in lieu of

subsistence, at rates authorized for employees of agencies under

subchapter I of chapter 57 of title 5, United States Code, while

away from their homes or regular places of business in the

performance of services for the Commission.

''(3) Staff. -

''(A) In general. - The Chairperson of the Commission may,

without regard to the civil service laws and regulations,

appoint and terminate an executive director and such other

additional personnel as may be necessary to enable the

Commission to perform its duties. The employment of an

executive director shall be subject to confirmation by the

Commission.

''(B) Compensation. - The Chairperson of the Commission may

fix the compensation of the executive director and other

personnel without regard to the provisions of chapter 51 and

subchapter III of chapter 53 of title 5, United States Code,

relating to classification of positions and General Schedule

pay rates, except that the rate of pay for the executive

director and other personnel may not exceed the rate payable

for level V of the Executive Schedule under section 5316 of

such title.

''(4) Detail of government employees. - Any Federal Government

employee may be detailed to the Commission without reimbursement,

and such detail shall be without interruption or loss of civil

service status or privilege.

''(5) Procurement of temporary and intermittent services. - The

Chairperson of the Commission may procure temporary and

intermittent services under section 3109(b) of title 5, United

States Code, at rates for individuals which do not exceed the

daily equivalent of the annual rate of basic pay prescribed for

level V of the Executive Schedule under section 5316 of such

title.

''(6) Applicability of certain pay authorities. - An individual

who is a member of the Commission and is an annuitant or

otherwise covered by section 8344 or 8468 of title 5, United

States Code, by reason of membership on the Commission is not

subject to the provisions of section 8344 or 8468 (whichever is

applicable) with respect to such membership.

''(h) Support Services. - The Administrator of the General

Services Administration shall provide to the Commission on a

reimbursable basis such administrative support services as the

Commission may request.

''(i) Appropriations. - There are appropriated $2,000,000 to the

Commission to carry out the provisions of this section. Amounts

appropriated pursuant to this subsection shall remain available

until the date which is 90 days after the date on which the

Commission submits the final report described in subsection (e).

''(j) Federal Advisory Committee Act. - The provisions of the

Federal Advisory Committee Act (Public Law 92-463; 5 U.S.C. App.)

shall not apply to the Commission.

''(k) Termination. - The Commission shall terminate 90 days after

the date on which the Commission submits the final report under

subsection (e).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2514, 3533 of this title.

-CITE-

19 USC Part 7 - United States International Trade

Commission 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 7 - United States International Trade Commission

.

-HEAD-

Part 7 - United States International Trade Commission

-CITE-

19 USC Sec. 2231 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 7 - United States International Trade Commission

-HEAD-

Sec. 2231. Change of name

-STATUTE-

(a) Former United States Tariff Commission

The United States Tariff Commission (established by section 1330

of this title) is renamed as the United States International Trade

Commission.

(b) References in law and other documents

Any reference in any law of the United States, or in any order,

rule, regulation, or other document, to the United States Tariff

Commission (or the Tariff Commission) shall be considered to refer

to the United States International Trade Commission.

-SOURCE-

(Pub. L. 93-618, title I, Sec. 171, Jan. 3, 1975, 88 Stat. 2009.)

-CITE-

19 USC Sec. 2232 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 7 - United States International Trade Commission

-HEAD-

Sec. 2232. Independent budget and authorization of appropriations

-STATUTE-

Effective with respect to the fiscal year beginning October 1,

1976, for purposes of chapter 11 of title 31, estimated

expenditures and proposed appropriations for the United States

International Trade Commission shall be transmitted to the

President on or before October 15 of the year preceding the

beginning of each fiscal year and shall be included by him in the

Budget without revision, and the Commission shall not be considered

to be a department or establishment for purposes of such chapter.

-SOURCE-

(Pub. L. 93-618, title I, Sec. 175(a)(1), Jan. 3, 1975, 88 Stat.

2011.)

-COD-

CODIFICATION

''Chapter 11 of title 31'' and ''such chapter'' substituted in

text for ''the Budget and Accounting Act, 1921 (31 U.S.C. 1 et

seq.)'' and ''such Act'', respectively, on authority of Pub. L.

97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section

of which enacted Title 31, Money and Finance.

-CITE-

19 USC Part 8 - Identification of Market Barriers and

Certain Unfair Trade Actions 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 8 - Identification of Market Barriers and Certain Unfair Trade

Actions

.

-HEAD-

Part 8 - Identification of Market Barriers and Certain Unfair Trade

Actions

-CITE-

19 USC Sec. 2241 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 8 - Identification of Market Barriers and Certain Unfair Trade

Actions

-HEAD-

Sec. 2241. Estimates of barriers to market access

-STATUTE-

(a) National trade estimates

(1) In general

For calendar year 1988, and for each succeeding calendar year,

the United States Trade Representative, through the interagency

trade organization established pursuant to section 1872(a) of

this title and with the assistance of the interagency advisory

committee established under section 2171(d)(2) of this title,

shall -

(A) identify and analyze acts, policies, or practices of each

foreign country which constitute significant barriers to, or

distortions of -

(i) United States exports of goods or services (including

agricultural commodities; and property protected by

trademarks, patents, and copyrights exported or licensed by

United States persons),

(ii) foreign direct investment by United States persons,

especially if such investment has implications for trade in

goods or services; (FOOTNOTE 1) and

(FOOTNOTE 1) So in original. The semicolon probably should be a

comma.

(iii) United States electronic commerce, (FOOTNOTE 2)

(FOOTNOTE 2) So in original. The comma probably should be a

semicolon.

(B) make an estimate of the trade-distorting impact on United

States commerce of any act, policy, or practice identified

under subparagraph (A); and

(C) make an estimate, if feasible, of -

(i) the value of additional goods and services of the

United States,

(ii) the value of additional foreign direct investment by

United States persons, and

(iii) the value of additional United States electronic

commerce,

that would have been exported to, or invested in or transacted

with,, (FOOTNOTE 3) each foreign country during such calendar

year if each of such acts, policies, and practices of such

country did not exist.

(FOOTNOTE 3) So in original.

(2) Certain factors taken into account in making analysis and

estimate

In making any analysis or estimate under paragraph (1), the

Trade Representative shall take into account -

(A) the relative impact of the act, policy, or practice on

United States commerce;

(B) the availability of information to document prices,

market shares, and other matters necessary to demonstrate the

effects of the act, policy, or practice;

(C) the extent to which such act, policy, or practice is

subject to international agreements to which the United States

is a party;

(D) any advice given through appropriate committees

established pursuant to section 2155 of this title; and

(E) the actual increase in -

(i) the value of goods and services of the United States

exported to,

(ii) the value of foreign direct investment made in, and

(iii) the value of electronic commerce transacted with,

the foreign country during the calendar year for which the

estimate under paragraph (1)(C) is made.

(3) Annual revisions and updates

The Trade Representative shall annually revise and update the

analysis and estimate under paragraph (1).

(b) Reports

(1) In general

On or before April 30, 1989, and on or before March 31 of each

succeeding calendar year, the Trade Representative shall submit a

report on the analysis and estimates made under subsection (a) of

this section for the calendar year preceding such calendar year

(which shall be known as the ''National Trade Estimate'') to the

President, the Committee on Finance of the Senate, and

appropriate committees of the House of Representatives.

(2) Reports to include information with respect to action being

taken

The Trade Representative shall include in each report submitted

under paragraph (1) information with respect to any action taken

(or the reasons for no action taken) to eliminate any act,

policy, or practice identified under subsection (a), including,

but not limited to -

(A) any action under section 2411 of this title,

(B) negotiations or consultations with foreign governments,

or

(C) a section on foreign anticompetitive practices, the

toleration of which by foreign governments is adversely

affecting exports of United States goods or services.

(3) Consultation with Congress on trade policy priorities

The Trade Representative shall keep the committees described in

paragraph (1) currently informed with respect to trade policy

priorities for the purposes of expanding market opportunities.

After the submission of the report required by paragraph (1), the

Trade Representative shall also consult periodically with, and

take into account the views of, the committees described in that

paragraph regarding means to address the foreign trade barriers

identified in the report, including the possible initiation of

investigations under section 2412 of this title or other trade

actions.

(c) Assistance of other agencies

(1) Furnishing of information

The head of each department or agency of the executive branch

of the Government, including any independent agency, is

authorized and directed to furnish to the Trade Representative or

to the appropriate agency, upon request, such data, reports, and

other information as is necessary for the Trade Representative to

carry out his functions under this section. In preparing the

section of the report required by subsection (b)(2)(C) of this

section, the Trade Representative shall consult in particular

with the Attorney General.

(2) Restrictions on release or use of information

Nothing in this subsection shall authorize the release of

information to, or the use of information by, the Trade

Representative in a manner inconsistent with law or any procedure

established pursuant thereto.

(3) Personnel and services

The head of any department, agency, or instrumentality of the

United States may detail such personnel and may furnish such

services, with or without reimbursement, as the Trade

Representative may request to assist in carrying out his

functions.

(d) Electronic commerce

For purposes of this section, the term ''electronic commerce''

has the meaning given that term in section 1104(3) of the Internet

Tax Freedom Act.

-SOURCE-

(Pub. L. 93-618, title I, Sec. 181, as added Pub. L. 98-573, title

III, Sec. 303(a), Oct. 30, 1984, 98 Stat. 3001; amended Pub. L.

100-418, title I, Sec. 1304, Aug. 23, 1988, 102 Stat. 1181; Pub. L.

103-465, title III, Sec. 311(a), 312, Dec. 8, 1994, 108 Stat. 4938;

Pub. L. 105-277, div. C, title XII, Sec. 1202, Oct. 21, 1998, 112

Stat. 2681-726.)

-REFTEXT-

REFERENCES IN TEXT

Section 1104(3) of the Internet Tax Freedom Act, referred to in

subsec. (d), is set out in a note under section 151 of Title 47,

Telegraphs, Telephones, and Radiotelegraphs.

-MISC2-

AMENDMENTS

1998 - Subsec. (a)(1)(A)(iii). Pub. L. 105-277, Sec. 1202(1)(A),

added cl. (iii).

Subsec. (a)(1)(C). Pub. L. 105-277, Sec. 1202(1)(B), added cl.

(iii) and inserted ''or transacted with,'' after ''or invested in''

in concluding provisions.

Subsec. (a)(2)(E)(iii). Pub. L. 105-277, Sec. 1202(2), added cl.

(iii).

Subsec. (d). Pub. L. 105-277, Sec. 1202(3), added subsec. (d).

1994 - Subsec. (b)(2)(C). Pub. L. 103-465, Sec. 311(a)(1), added

subpar. (C).

Subsec. (b)(3). Pub. L. 103-465, Sec. 312, inserted at end

''After the submission of the report required by paragraph (1), the

Trade Representative shall also consult periodically with, and take

into account the views of, the committees described in that

paragraph regarding means to address the foreign trade barriers

identified in the report, including the possible initiation of

investigations under section 2412 of this title or other trade

actions.''

Subsec. (c)(1). Pub. L. 103-465, Sec. 311(a)(2), inserted at end

''In preparing the section of the report required by subsection

(b)(2)(C) of this section, the Trade Representative shall consult

in particular with the Attorney General.''

1988 - Pub. L. 100-418, Sec. 1304(a)(10), substituted ''Estimates

of'' for ''Actions concerning'' in section catchline.

Subsec. (a)(1). Pub. L. 100-418, Sec. 1304(a)(1), substituted

''For calendar year 1988, and for each succeeding calendar year,''

for ''Not later than the date on which the initial report is

required under subsection (b)(1) of this section,''.

Pub. L. 100-418, Sec. 1304(a)(9), which directed the insertion of

''and with the assistance of the interagency advisory committee

established under section 2171(d)(2) of this title,'' after

''section 1872(a) of this title,'' was executed by making the

insertion after ''section 1872(a) of this title'' to reflect the

probable intent of Congress.

Subsec. (a)(1)(A). Pub. L. 100-418, Sec. 1304(a)(2), inserted

''of each foreign country'' after ''or practices''.

Subsec. (a)(1)(C). Pub. L. 100-418, Sec. 1304(a)(3)-(5), added

subpar. (C).

Subsec. (a)(2)(E). Pub. L. 100-418, Sec. 1304(a)(6)-(8), added

subpar. (E).

Subsec. (b)(1). Pub. L. 100-418, Sec. 1304(b), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: ''On or

before the date which is one year after October 30, 1984, and each

year thereafter, the Trade Representative shall submit the analysis

and estimate under subsection (a) of this section to the Committee

on Finance of the Senate and to the Committee on Ways and Means of

the House of Representatives.''

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective on the date on which the

WTO Agreement enters into force with respect to the United States

(Jan. 1, 1995), see section 316 of Pub. L. 103-465, set out as an

Effective Date note under section 3581 of this title.

SEVERABILITY

Pub. L. 105-277, div. C, title XII, Sec. 1206, Oct. 21, 1998,

112 Stat. 2681-728, provided that: ''If any provision of this title

(amending this section and enacting provisions set out under this

section), or any amendment made by this title, or the application

of that provision to any person or circumstance, is held by a court

of competent jurisdiction to violate any provision of the

Constitution of the United States, then the other provisions of

that title, and the application of that provision to other persons

and circumstances, shall not be affected.''

CONSTRUCTION OF 1998 AMENDMENTS

Pub. L. 105-277, div. C, title XII, Sec. 1204, Oct. 21, 1998,

112 Stat. 2681-728, provided that: ''Nothing in this title

(amending this section and enacting provisions set out under this

section) shall be construed to expand the duty of any person to

collect or pay taxes beyond that which existed immediately before

the date of the enactment of this Act (Oct. 21, 1998).''

Pub. L. 105-277, div. C, title XII, Sec. 1205, Oct. 21, 1998,

112 Stat. 2681-728, provided that: ''Nothing in this title

(amending this section and enacting provisions set out under this

section) shall limit or otherwise affect the implementation of the

Telecommunications Act of 1996 (Public Law 104-104) (see Short

Title of 1996 Amendment note set out under section 609 of Title 47,

Telegraphs, Telephones, and Radiotelegraphs) or the amendments made

by such Act.''

DECLARATION THAT THE INTERNET SHOULD BE FREE OF FOREIGN TARIFFS,

TRADE BARRIERS, AND OTHER RESTRICTIONS

Pub. L. 105-277, div. C, title XII, Sec. 1203, Oct. 21, 1998,

112 Stat. 2681-727, provided that:

''(a) In General. - It is the sense of Congress that the

President should seek bilateral, regional, and multilateral

agreements to remove barriers to global electronic commerce through

the World Trade Organization, the Organization for Economic

Cooperation and Development, the Trans-Atlantic Economic

Partnership, the Asia Pacific Economic Cooperation forum, the Free

Trade Area of the America, the North American Free Trade Agreement,

and other appropriate venues.

''(b) Negotiating Objectives. - The negotiating objectives of the

United States shall be -

''(1) to assure that electronic commerce is free from -

''(A) tariff and nontariff barriers;

''(B) burdensome and discriminatory regulation and standards;

and

''(C) discriminatory taxation; and

''(2) to accelerate the growth of electronic commerce by

expanding market access opportunities for -

''(A) the development of telecommunications infrastructure;

''(B) the procurement of telecommunications equipment;

''(C) the provision of Internet access and telecommunications

services; and

''(D) the exchange of goods, services, and digitalized

information.

''(c) Electronic Commerce. - For purposes of this section, the

term 'electronic commerce' has the meaning given that term in

section 1104(3) (probably means Pub. L. 105-277, div. C, title XI,

Sec. 1104(3), set out in a note under section 151 of Title 47,

Telegraphs, Telephones, and Radiotelegraphs).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2114a, 2171, 2242, 2420,

2901, 3106 of this title; title 22 sections 2200b, 5732; title 49

section 50104.

-CITE-

19 USC Sec. 2242 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 8 - Identification of Market Barriers and Certain Unfair Trade

Actions

-HEAD-

Sec. 2242. Identification of countries that deny adequate

protection, or market access, for intellectual property rights

-STATUTE-

(a) In general

By no later than the date that is 30 days after the date on which

the annual report is submitted to Congressional committees under

section 2241(b) of this title, the United States Trade

Representative (hereafter in this section referred to as the

''Trade Representative'') shall identify -

(1) those foreign countries that -

(A) deny adequate and effective protection of intellectual

property rights, or

(B) deny fair and equitable market access to United States

persons that rely upon intellectual property protection, and

(2) those foreign countries identified under paragraph (1) that

are determined by the Trade Representative to be priority foreign

countries.

(b) Special rules for identifications

(1) In identifying priority foreign countries under subsection

(a)(2) of this section, the Trade Representative shall only

identify those foreign countries -

(A) that have the most onerous or egregious acts, policies, or

practices that -

(i) deny adequate and effective intellectual property rights,

or

(ii) deny fair and equitable market access to United States

persons that rely upon intellectual property protection,

(B) whose acts, policies, or practices described in

subparagraph (A) have the greatest adverse impact (actual or

potential) on the relevant United States products, and

(C) that are not -

(i) entering into good faith negotiations, or

(ii) making significant progress in bilateral or multilateral

negotiations,

to provide adequate and effective protection of intellectual

property rights.

(2) In identifying priority foreign countries under subsection

(a)(2) of this section, the Trade Representative shall -

(A) consult with the Register of Copyrights, the Under

Secretary of Commerce for Intellectual Property and Director of

the United States Patent and Trademark Office, other appropriate

officers of the Federal Government, and

(B) take into account information from such sources as may be

available to the Trade Representative and such information as may

be submitted to the Trade Representative by interested persons,

including information contained in reports submitted under

section 2241(b) of this title and petitions submitted under

section 2412 of this title.

(3) The Trade Representative may identify a foreign country under

subsection (a)(1)(B) of this section only if the Trade

Representative finds that there is a factual basis for the denial

of fair and equitable market access as a result of the violation of

international law or agreement, or the existence of barriers,

referred to in subsection (d)(3) of this section.

(4) In identifying foreign countries under paragraphs (1) and (2)

of subsection (a) of this section, the Trade Representative shall

take into account -

(A) the history of intellectual property laws and practices of

the foreign country, including any previous identification under

subsection (a)(2) of this section, and

(B) the history of efforts of the United States, and the

response of the foreign country, to achieve adequate and

effective protection and enforcement of intellectual property

rights.

(c) Revocations and additional identifications

(1) The Trade Representative may at any time -

(A) revoke the identification of any foreign country as a

priority foreign country under this section, or

(B) identify any foreign country as a priority foreign country

under this section,

if information available to the Trade Representative indicates that

such action is appropriate.

(2) The Trade Representative shall include in the semiannual

report submitted to the Congress under section 2419(3) of this

title a detailed explanation of the reasons for the revocation

under paragraph (1) of the identification of any foreign country as

a priority foreign country under this section.

(d) Definitions

For purposes of this section -

(1) The term ''persons that rely upon intellectual property

protection'' means persons involved in -

(A) the creation, production or licensing of works of

authorship (within the meaning of sections 102 and 103 of title

17) that are copyrighted, or

(B) the manufacture of products that are patented or for

which there are process patents.

(2) A foreign country denies adequate and effective protection

of intellectual property rights if the foreign country denies

adequate and effective means under the laws of the foreign

country for persons who are not citizens or nationals of such

foreign country to secure, exercise, and enforce rights relating

to patents, process patents, registered trademarks, copyrights

and mask works.

(3) A foreign country denies fair and equitable market access

if the foreign country effectively denies access to a market for

a product protected by a copyright or related right, patent,

trademark, mask work, trade secret, or plant breeder's right,

through the use of laws, procedures, practices, or regulations

which -

(A) violate provisions of international law or international

agreements to which both the United States and the foreign

country are parties, or

(B) constitute discriminatory nontariff trade barriers.

(4) A foreign country may be determined to deny adequate and

effective protection of intellectual property rights,

notwithstanding the fact that the foreign country may be in

compliance with the specific obligations of the Agreement on

Trade-Related Aspects of Intellectual Property Rights referred to

in section 3511(d)(15) of this title.

(e) Publication

The Trade Representative shall publish in the Federal Register a

list of foreign countries identified under subsection (a) of this

section and shall make such revisions to the list as may be

required by reason of action under subsection (c) of this section.

(f) Special rule for actions affecting United States cultural

industries

(1) In general

By no later than the date that is 30 days after the date on

which the annual report is submitted to Congressional committees

under section 2241(b) of this title, the Trade Representative

shall identify any act, policy, or practice of Canada which -

(A) affects cultural industries,

(B) is adopted or expanded after December 17, 1992, and

(C) is actionable under article 2106 of the North American

Free Trade Agreement.

(2) Special rules for identifications

For purposes of section 2412(b)(2)(A) of this title, an act,

policy, or practice identified under this subsection shall be

treated as an act, policy, or practice that is the basis for

identification of a country under subsection (a)(2) of this

section, unless the United States has already taken action

pursuant to article 2106 of the North American Free Trade

Agreement in response to such act, policy, or practice. In

deciding whether to identify an act, policy, or practice under

paragraph (1), the Trade Representative shall -

(A) consult with and take into account the views of

representatives of the relevant domestic industries,

appropriate committees established pursuant to section 2155 of

this title, and appropriate officers of the Federal Government,

and

(B) take into account the information from such sources as

may be available to the Trade Representative and such

information as may be submitted to the Trade Representative by

interested persons, including information contained in reports

submitted under section 2241(b) of this title.

(3) Cultural industries

For purposes of this subsection, the term ''cultural

industries'' means persons engaged in any of the following

activities:

(A) The publication, distribution, or sale of books,

magazines, periodicals, or newspapers in print or machine

readable form but not including the sole activity of printing

or typesetting any of the foregoing.

(B) The production, distribution, sale, or exhibition of film

or video recordings.

(C) The production, distribution, sale, or exhibition of

audio or video music recordings.

(D) The publication, distribution, or sale of music in print

or machine readable form.

(E) Radio communications in which the transmissions are

intended for direct reception by the general public, and all

radio, television, and cable broadcasting undertakings and all

satellite programming and broadcast network services.

(g) Annual report

The Trade Representative shall, by not later than the date by

which countries are identified under subsection (a) of this

section, transmit to the Committee on Ways and Means of the House

of Representatives and the Committee on Finance of the Senate, a

report on actions taken under this section during the 12 months

preceding such report, and the reasons for such actions, including

a description of progress made in achieving improved intellectual

property protection and market access for persons relying on

intellectual property rights.

-SOURCE-

(Pub. L. 93-618, title I, Sec. 182, as added Pub. L. 100-418, title

I, Sec. 1303(b), Aug. 23, 1988, 102 Stat. 1179; amended Pub. L.

103-182, title V, Sec. 513, Dec. 8, 1993, 107 Stat. 2156; Pub. L.

103-465, title III, Sec. 313, Dec. 8, 1994, 108 Stat. 4938; Pub. L.

106-113, div. B, Sec. 1000(a)(9) (title IV, Sec. 4732(b)(8)), Nov.

29, 1999, 113 Stat. 1536, 1501A-584.)

-MISC1-

AMENDMENTS

1999 - Subsec. (b)(2)(A). Pub. L. 106-113 substituted ''Under

Secretary of Commerce for Intellectual Property and Director of the

United States Patent and Trademark Office'' for ''Commissioner of

Patents and Trademarks''.

1994 - Subsec. (b)(4). Pub. L. 103-465, Sec. 313(1), added par.

(4).

Subsec. (d)(3). Pub. L. 103-465, Sec. 313(2)(A), amended

introductory provisions generally. Prior to amendment,

introductory provisions read as follows: ''A foreign country denies

fair and equitable market access if the foreign country effectively

denies access to a market for a product protected by a copyright,

patent, or process patent through the use of laws, procedures,

practices, or regulations which - ''.

Subsec. (d)(4). Pub. L. 103-465, Sec. 313(2)(B), added par. (4).

Subsec. (g). Pub. L. 103-465, Sec. 313(3), added subsec. (g).

1993 - Subsec. (f). Pub. L. 103-182 added subsec. (f).

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,

1999, see section 1000(a)(9) (title IV, Sec. 4731) of Pub. L.

106-113, set out as a note under section 1 of Title 35, Patents.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective on the date on which the

WTO Agreement enters into force with respect to the United States

(Jan. 1, 1995), see section 316 of Pub. L. 103-465, set out as an

Effective Date note under section 3581 of this title.

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 516(a) of Pub. L.

103-182, set out as an Effective Date note under section 3461 of

this title.

PROCUREMENT FROM COUNTRIES THAT DENY ADEQUATE AND EFFECTIVE

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

Pub. L. 101-189, div. A, title VIII, Sec. 852, Nov. 29, 1989,

103 Stat. 1517, as amended by Pub. L. 101-510, div. A, title XIII,

Sec. 1302(a), Nov. 5, 1990, 104 Stat. 1668, provided that it is the

sense of Congress that it be a very important consideration in

procurement of property, services, or technology by the Department

of Defense whether such procurement is from any person of any

country which has been identified by the United States Trade

Representative as denying adequate and effective protection of

intellectual property rights or fair and equitable market access to

United States persons that rely upon intellectual property

protection.

IDENTIFICATION OF COUNTRIES THAT DENY ADEQUATE AND EFFECTIVE

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

Section 1303(a) of Pub. L. 100-418 provided that:

''(1) The Congress finds that -

''(A) international protection of intellectual property rights

is vital to the international competitiveness of United States

persons that rely on protection of intellectual property rights;

and

''(B) the absence of adequate and effective protection of

United States intellectual property rights, and the denial of

fair and equitable market access, seriously impede the ability of

the United States persons that rely on protection of intellectual

property rights to export and operate overseas, thereby harming

the economic interests of the United States.

''(2) The purpose of this section (enacting this section and this

note) is to provide for the development of an overall strategy to

ensure adequate and effective protection of intellectual property

rights and fair and equitable market access for United States

persons that rely on protection of intellectual property rights.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2412 of this title.

-CITE-

19 USC SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY

IMPORT COMPETITION 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

.

-HEAD-

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 3538 of this title;

title 12 section 635; title 42 section 3211.

-CITE-

19 USC Part 1 - Positive Adjustment by Industries Injured

by Imports 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 1 - Positive Adjustment by Industries Injured by Imports

.

-HEAD-

Part 1 - Positive Adjustment by Industries Injured by Imports

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 1339, 2133, 2436, 2703,

3203, 3356, 3357, 3371, 3372, 3804 of this title.

-CITE-

19 USC Sec. 2251 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 1 - Positive Adjustment by Industries Injured by Imports

-HEAD-

Sec. 2251. Action to facilitate positive adjustment to import

competition

-STATUTE-

(a) Presidential action

If the United States International Trade Commission (hereinafter

referred to in this part as the ''Commission'') determines under

section 2252(b) of this title that an article is being imported

into the United States in such increased quantities as to be a

substantial cause of serious injury, or the threat thereof, to the

domestic industry producing an article like or directly competitive

with the imported article, the President, in accordance with this

part, shall take all appropriate and feasible action within his

power which the President determines will facilitate efforts by the

domestic industry to make a positive adjustment to import

competition and provide greater economic and social benefits than

costs.

(b) Positive adjustment to import competition

(1) For purposes of this part, a positive adjustment to import

competition occurs when -

(A) the domestic industry -

(i) is able to compete successfully with imports after

actions taken under section 2254 of this title terminate, or

(ii) the domestic industry experiences an orderly transfer of

resources to other productive pursuits; and

(B) dislocated workers in the industry experience an orderly

transition to productive pursuits.

(2) The domestic industry may be considered to have made a

positive adjustment to import competition even though the industry

is not of the same size and composition as the industry at the time

the investigation was initiated under section 2252(b) of this

title.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 201, Jan. 3, 1975, 88 Stat. 2011;

Pub. L. 96-39, title I, Sec. 106(b)(3), July 26, 1979, 93 Stat.

193; Pub. L. 98-573, title II, Sec. 249, Oct. 30, 1984, 98 Stat.

2998; Pub. L. 100-418, title I, Sec. 1401(a), Aug. 23, 1988, 102

Stat. 1225.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-418, in amending section generally,

substituted provisions relating to action to facilitate positive

adjustment to import competition for provisions relating to

investigation by International Trade Commission. See section 2252

of this title.

1984 - Subsec. (b)(2)(B). Pub. L. 98-573, Sec. 249(1)(A),

substituted ''inventory (whether maintained by domestic producers,

importers, wholesalers, or retailers), and'' for ''inventory,

and''.

Subsec. (b)(2)(D). Pub. L. 98-573, Sec. 249(1)(B)-(D), added

subpar. (D).

Subsec. (b)(7). Pub. L. 98-573, Sec. 249(2), added par. (7).

1979 - Subsec. (b)(6). Pub. L. 96-39 substituted ''subtitles A

and B of title VII or section 337 of the Tariff Act of 1930'' for

''the Antidumping Act, 1921, section 303 or 337 of the Tariff Act

of 1930''.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 1401(c) of Pub. L. 100-418 provided that: ''The

amendments made by subsections (a) and (b) (enacting section 2254

of this title and amending sections 1330, 2133, 2251 to 2253, 2274,

2354, and 2703 of this title and provisions set out as a note under

section 2112 of this title) shall take effect on the date of the

enactment of this Act (Aug. 23, 1988) and shall apply with respect

to investigations initiated under chapter 1 of title II of the

Trade Act of 1974 (this part) on or after that date. Any petition

filed under section 201 of such chapter (19 U.S.C. 2251) before

such date of enactment, and with respect to which the United States

International Trade Commission did not make a finding before such

date with respect to serious injury or the threat thereof, may be

withdrawn and refiled, without prejudice, by the petitioner under

section 202(a) of such chapter (19 U.S.C. 2252(a)) (as amended by

this section).''

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 effective on 15th day after Oct. 30,

1984, see section 214(a), (b) of Pub. L. 98-573, set out as a note

under section 1304 of this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-39 effective Jan. 1, 1980, see section

107 of Pub. L. 96-39, set out as an Effective Date note under

section 1671 of this title.

STUDY ON TRADE ADJUSTMENT ASSISTANCE FOR FISHERMEN

Pub. L. 107-210, div. A, title I, Sec. 143, Aug. 6, 2002, 116

Stat. 953, provided that: ''Not later than 1 year after the date of

enactment of this Act (Aug. 6, 2002), the Secretary of Commerce

shall conduct a study and report to Congress regarding whether a

trade adjustment assistance program is appropriate and feasible for

fishermen. For purposes of the preceding sentence, the term

'fishermen' means any person who is engaged in commercial fishing

or is a United States fish processor.''

TERM ''INDUSTRY'' TO INCLUDE PRODUCERS LOCATED IN UNITED STATES

INSULAR POSSESSIONS

Pub. L. 98-67, title II, Sec. 214(f), Aug. 5, 1983, 97 Stat. 393,

provided that: ''For purposes of chapter 1 of title II of the Trade

Act of 1974 (this part), the term 'industry' shall include

producers located in the United States insular possessions.''

-EXEC-

EX. ORD. NO. 11913. COLLECTION OF INFORMATION FOR IMPORT RELIEF AND

ADJUSTMENT ASSISTANCE

Ex. Ord. No. 11913, Apr. 26, 1976, 41 F.R. 17721, provided:

By virtue of the authority vested in me by the Constitution and

statutes of the United States of America, including Section 332(g)

of the Tariff Act of 1930, as amended (19 U.S.C. 1332(g)), and as

President of the United States of America, in order to reduce the

reporting burden with respect to the collection of information

pursuant to Title II of the Trade Act of 1974 (88 Stat. 2011, 19

U.S.C. 2251 et seq.) and consistent with Chapter 35 of Title 44 of

the United States Code, it is hereby ordered as follows:

Section 1. Whenever the United States International Trade

Commission, in connection with investigations pursuant to Section

201 of the Trade Act of 1974 (19 U.S.C. 2251), collects factual

data from firms on their sales, production, employment, and

financial experience, the Commission shall provide such information

to the Secretaries of Commerce and Labor.

Sec. 2. The Secretaries of Commerce and Labor shall ensure that

the factual data, received pursuant to Section 1, are used solely

for the performance of their functions pursuant to Sections 264 and

224, respectively, of the Trade Act of 1974 (19 U.S.C. 2354 and

2274). Gerald R. Ford.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1330, 1872, 2252, 2436,

2703, 3203 of this title; title 42 section 2210b.

-CITE-

19 USC Sec. 2252 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 1 - Positive Adjustment by Industries Injured by Imports

-HEAD-

Sec. 2252. Investigations, determinations, and recommendations by

Commission

-STATUTE-

(a) Petitions and adjustment plans

(1) A petition requesting action under this part for the purpose

of facilitating positive adjustment to import competition may be

filed with the Commission by an entity, including a trade

association, firm, certified or recognized union, or group of

workers, which is representative of an industry.

(2) A petition under paragraph (1) -

(A) shall include a statement describing the specific purposes

for which action is being sought, which may include facilitating

the orderly transfer of resources to more productive pursuits,

enhancing competitiveness, or other means of adjustment to new

conditions of competition; and

(B) may -

(i) subject to subsection (d)(1)(C)(i) of this section,

request provisional relief under subsection (d)(1) of this

section; or

(ii) request provisional relief under subsection (d)(2) of

this section.

(3) Whenever a petition is filed under paragraph (1), the

Commission shall promptly transmit copies of the petition to the

Office of the United States Trade Representative and other Federal

agencies directly concerned.

(4) A petitioner under paragraph (1) may submit to the Commission

and the United States Trade Representative (hereafter in this part

referred to as the ''Trade Representative''), either with the

petition, or at any time within 120 days after the date of filing

of the petition, a plan to facilitate positive adjustment to import

competition.

(5)(A) Before submitting an adjustment plan under paragraph (4),

the petitioner and other entities referred to in paragraph (1) that

wish to participate may consult with the Trade Representative and

the officers and employees of any Federal agency that is considered

appropriate by the Trade Representative, for purposes of evaluating

the adequacy of the proposals being considered for inclusion in the

plan in relation to specific actions that may be taken under this

part.

(B) A request for any consultation under subparagraph (A) must be

made to the Trade Representative. Upon receiving such a request,

the Trade Representative shall confer with the petitioner and

provide such assistance, including publication of appropriate

notice in the Federal Register, as may be practicable in obtaining

other participants in the consultation. No consultation may occur

under subparagraph (A) unless the Trade Representative, or his

delegate, is in attendance.

(6)(A) In the course of any investigation under subsection (b) of

this section, the Commission shall seek information (on a

confidential basis, to the extent appropriate) on actions being

taken, or planned to be taken, or both, by firms and workers in the

industry to make a positive adjustment to import competition.

(B) Regardless whether an adjustment plan is submitted under

paragraph (4) by the petitioner, if the Commission makes an

affirmative determination under subsection (b) of this section, any

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(i) firm in the domestic industry;

(ii) certified or recognized union or group of workers in the

domestic industry;

(iii) State or local community;

(iv) trade association representing the domestic industry; or

(v) any other person or group of persons,

may, individually, submit to the Commission commitments regarding

actions such persons and entities intend to take to facilitate

positive adjustment to import competition.

(7) Nothing in paragraphs (5) and (6) may be construed to provide

immunity under the antitrust laws.

(8) The procedures concerning the release of confidential

business information set forth in section 332(g) of the Tariff Act

of 1930 (19 U.S.C. 1332(g)) shall apply with respect to information

received by the Commission in the course of investigations

conducted under this part, part 1 of title III of the North

American Free Trade Agreement Implementation Act (19 U.S.C. 3351 et

seq.), and title II of the United States-Jordan Free Trade Area

Implementation Act. The Commission may request that parties

providing confidential business information furnish nonconfidential

summaries thereof or, if such parties indicate that the information

in the submission cannot be summarized, the reasons why a summary

cannot be provided. If the Commission finds that a request for

confidentiality is not warranted and if the party concerned is

either unwilling to make the information public or to authorize its

disclosure in generalized or summarized form, the Commission may

disregard the submission.

(b) Investigations and determinations by Commission

(1)(A) Upon the filing of a petition under subsection (a) of this

section, the request of the President or the Trade Representative,

the resolution of either the Committee on Ways and Means of the

House of Representatives or the Committee on Finance of the Senate,

or on its own motion, the Commission shall promptly make an

investigation to determine whether an article is being imported

into the United States in such increased quantities as to be a

substantial cause of serious injury, or the threat thereof, to the

domestic industry producing an article like or directly competitive

with the imported article.

(B) For purposes of this section, the term ''substantial cause''

means a cause which is important and not less than any other cause.

(2)(A) Except as provided in subparagraph (B), the Commission

shall make the determination under paragraph (1) within 120 days

(180 days if the petition alleges that critical circumstances

exist) after the date on which the petition is filed, the request

or resolution is received, or the motion is adopted, as the case

may be.

(B) If before the 100th day after a petition is filed under

subsection (a)(1) of this section the Commission determines that

the investigation is extraordinarily complicated, the Commission

shall make the determination under paragraph (1) within 150 days

(210 days if the petition alleges that critical circumstances

exist) after the date referred to in subparagraph (A).

(3) The Commission shall publish notice of the commencement of

any proceeding under this subsection in the Federal Register and

shall, within a reasonable time thereafter, hold public hearings at

which the Commission shall afford interested parties and consumers

an opportunity to be present, to present evidence, to comment on

the adjustment plan, if any, submitted under subsection (a) of this

section, to respond to the presentations of other parties and

consumers, and otherwise to be heard.

(c) Factors applied in making determinations

(1) In making determinations under subsection (b) of this

section, the Commission shall take into account all economic

factors which it considers relevant, including (but not limited to)

-

(A) with respect to serious injury -

(i) the significant idling of productive facilities in the

domestic industry,

(ii) the inability of a significant number of firms to carry

out domestic production operations at a reasonable level of

profit, and

(iii) significant unemployment or underemployment within the

domestic industry;

(B) with respect to threat of serious injury -

(i) a decline in sales or market share, a higher and growing

inventory (whether maintained by domestic producers, importers,

wholesalers, or retailers), and a downward trend in production,

profits, wages, productivity, or employment (or increasing

underemployment) in the domestic industry,

(ii) the extent to which firms in the domestic industry are

unable to generate adequate capital to finance the

modernization of their domestic plants and equipment, or are

unable to maintain existing levels of expenditures for research

and development,

(iii) the extent to which the United States market is the

focal point for the diversion of exports of the article

concerned by reason of restraints on exports of such article

to, or on imports of such article into, third country markets;

and

(C) with respect to substantial cause, an increase in imports

(either actual or relative to domestic production) and a decline

in the proportion of the domestic market supplied by domestic

producers.

(2) In making determinations under subsection (b) of this

section, the Commission shall -

(A) consider the condition of the domestic industry over the

course of the relevant business cycle, but may not aggregate the

causes of declining demand associated with a recession or

economic downturn in the United States economy into a single

cause of serious injury or threat of injury; and

(B) examine factors other than imports which may be a cause of

serious injury, or threat of serious injury, to the domestic

industry.

The Commission shall include the results of its examination under

subparagraph (B) in the report submitted by the Commission to the

President under subsection (e) of this section.

(3) The presence or absence of any factor which the Commission is

required to evaluate in subparagraphs (A) and (B) of paragraph (1)

is not necessarily dispositive of whether an article is being

imported into the United States in such increased quantities as to

be a substantial cause of serious injury, or the threat thereof, to

the domestic industry.

(4) For purposes of subsection (b) of this section, in

determining the domestic industry producing an article like or

directly competitive with an imported article, the Commission -

(A) to the extent information is available, shall, in the case

of a domestic producer which also imports, treat as part of such

domestic industry only its domestic production;

(B) may, in the case of a domestic producer which produces more

than one article, treat as part of such domestic industry only

that portion or subdivision of the producer which produces the

like or directly competitive article; and

(C) may, in the case of one or more domestic producers which

produce a like or directly competitive article in a major

geographic area of the United States and whose production

facilities in such area for such article constitute a substantial

portion of the domestic industry in the United States and

primarily serve the market in such area, and where the imports

are concentrated in such area, treat as such domestic industry

only that segment of the production located in such area.

(5) In the course of any proceeding under this subsection, the

Commission shall investigate any factor which in its judgment may

be contributing to increased imports of the article under

investigation. Whenever in the course of its investigation the

Commission has reason to believe that the increased imports are

attributable in part to circumstances which come within the purview

of subtitles A and B of title VII (19 U.S.C. 1671 et seq., 1673 et

seq.) or section 337 (19 U.S.C. 1337) of the Tariff Act of 1930, or

other remedial provisions of law, the Commission shall promptly

notify the appropriate agency so that such action may be taken as

is otherwise authorized by such provisions of law.

(6) For purposes of this section:

(A)(i) The term ''domestic industry'' means, with respect to an

article, the producers as a whole of the like or directly

competitive article or those producers whose collective

production of the like or directly competitive article

constitutes a major proportion of the total domestic production

of such article.

(ii) The term ''domestic industry'' includes producers located

in the United States insular possessions.

(B) The term ''significant idling of productive facilities''

includes the closing of plants or the underutilization of

production capacity.

(C) The term ''serious injury'' means a significant overall

impairment in the position of a domestic industry.

(D) The term ''threat of serious injury'' means serious injury

that is clearly imminent.

(d) Provisional relief

(1)(A) An entity representing a domestic industry that produces a

perishable agricultural product or citrus product that is like or

directly competitive with an imported perishable agricultural

product or citrus product may file a request with the Trade

Representative for the monitoring of imports of that product under

subparagraph (B). Within 21 days after receiving the request, the

Trade Representative shall determine if -

(i) the imported product is a perishable agricultural product

or citrus product; and

(ii) there is a reasonable indication that such product is

being imported into the United States in such increased

quantities as to be, or likely to be, a substantial cause of

serious injury, or the threat thereof, to such domestic industry.

(B) If the determinations under subparagraph (A)(i) and (ii) are

affirmative, the Trade Representative shall request, under section

332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)), the

Commission to monitor and investigate the imports concerned for a

period not to exceed 2 years. The monitoring and investigation may

include the collection and analysis of information that would

expedite an investigation under subsection (b) of this section.

(C) If a petition filed under subsection (a) of this section -

(i) alleges injury from imports of a perishable agricultural

product or citrus product that has been, on the date the

allegation is included in the petition, subject to monitoring by

the Commission under subparagraph (B) for not less than 90 days;

and

(ii) requests that provisional relief be provided under this

subsection with respect to such imports;

the Commission shall, not later than the 21st day after the day on

which the request was filed, make a determination, on the basis of

available information, whether increased imports (either actual or

relative to domestic production) of the perishable agricultural

product or citrus product are a substantial cause of serious

injury, or the threat thereof, to the domestic industry producing a

like or directly competitive perishable product or citrus product,

and whether either -

(I) the serious injury is likely to be difficult to repair by

reason of perishability of the like or directly competitive

agricultural product; or

(II) the serious injury cannot be timely prevented through

investigation under subsection (b) of this section and action

under section 2253 of this title.

(D) At the request of the Commission, the Secretary of

Agriculture shall promptly provide to the Commission any relevant

information that the Department of Agriculture may have for

purposes of making determinations and findings under this

subsection.

(E) Whenever the Commission makes an affirmative preliminary

determination under subparagraph (C), the Commission shall find the

amount or extent of provisional relief that is necessary to prevent

or remedy the serious injury. In carrying out this subparagraph,

the Commission shall give preference to increasing or imposing a

duty on imports, if such form of relief is feasible and would

prevent or remedy the serious injury.

(F) The Commission shall immediately report to the President its

determination under subparagraph (C) and, if the determination is

affirmative, the finding under subparagraph (E).

(G) Within 7 days after receiving a report from the Commission

under subparagraph (F) containing an affirmative determination, the

President, if he considers provisional relief to be warranted and

after taking into account the finding of the Commission under

subparagraph (E), shall proclaim such provisional relief that the

President considers necessary to prevent or remedy the serious

injury.

(2)(A) When a petition filed under subsection (a) of this section

alleges that critical circumstances exist and requests that

provisional relief be provided under this subsection with respect

to imports of the article identified in the petition, the

Commission shall, not later than 60 days after the petition

containing the request was filed, determine, on the basis of

available information, whether -

(i) there is clear evidence that increased imports (either

actual or relative to domestic production) of the article are a

substantial cause of serious injury, or the threat thereof, to

the domestic industry producing an article like or directly

competitive with the imported article; and

(ii) delay in taking action under this part would cause damage

to that industry that would be difficult to repair.

(B) If the determinations under subparagraph (A)(i) and (ii) are

affirmative, the Commission shall find the amount or extent of

provisional relief that is necessary to prevent or remedy the

serious injury. In carrying out this subparagraph, the Commission

shall give preference to increasing or imposing a duty on imports,

if such form of relief is feasible and would prevent or remedy the

serious injury.

(C) The Commission shall immediately report to the President its

determinations under subparagraph (A)(i) and (ii) and, if the

determinations are affirmative, the finding under subparagraph (B).

(D) Within 30 days after receiving a report from the Commission

under subparagraph (C) containing an affirmative determination

under subparagraph (A)(i) and (ii), the President, if he considers

provisional relief to be warranted and after taking into account

the finding of the Commission under subparagraph (B), shall

proclaim, for a period not to exceed 200 days, such provisional

relief that the President considers necessary to prevent or remedy

the serious injury. Such relief shall take the form of an increase

in, or the imposition of, a duty on imports, if such form of relief

is feasible and would prevent or remedy the serious injury.

(3) If provisional relief is proclaimed under paragraph (1)(G) or

(2)(D) in the form of an increase, or the imposition of, a duty,

the President shall order the suspension of liquidation of all

imported articles subject to the affirmative determination under

paragraph (1)(C) or paragraph (2)(A), as the case may be, that are

entered, or withdrawn from warehouse for consumption, on or after

the date of the determination.

(4)(A) Any provisional relief implemented under this subsection

with respect to an imported article shall terminate on the day on

which -

(i) if such relief was proclaimed under paragraph (1)(G) or

(2)(D), the Commission makes a negative determination under

subsection (b) of this section regarding injury or the threat

thereof by imports of such article;

(ii) action described in section 2253(a)(3)(A) or (C) of this

title takes effect under section 2253 of this title with respect

to such article;

(iii) a decision by the President not to take any action under

section 2253(a) of this title with respect to such article

becomes final; or

(iv) whenever the President determines that, because of changed

circumstances, such relief is no longer warranted.

(B) Any suspension of liquidation ordered under paragraph (3)

with respect to an imported article shall terminate on the day on

which provisional relief is terminated under subparagraph (A) with

respect to the article.

(C) If an increase in, or the imposition of, a duty that is

proclaimed under section 2253 of this title on an imported article

is different from a duty increase or imposition that was proclaimed

for such an article under this section, then the entry of any such

article for which liquidation was suspended under paragraph (3)

shall be liquidated at whichever of such rates of duty is lower.

(D) If provisional relief in the form of an increase in, or the

imposition of, a duty is proclaimed under this section with respect

to an imported article and neither a duty increase nor a duty

imposition is proclaimed under section 2253 of this title regarding

such article, the entry of any such article for which liquidation

was suspended under paragraph (3) may be liquidated at the rate of

duty that applied before provisional relief was provided.

(5) For purposes of this subsection:

(A) The term ''citrus product'' means any processed oranges or

grapefruit, or any orange or grapefruit juice, including

concentrate.

(B) A perishable agricultural product is any agricultural

article, including livestock, regarding which the Trade

Representative considers action under this section to be

appropriate after taking into account -

(i) whether the article has -

(I) a short shelf life,

(II) a short growing season, or

(III) a short marketing period,

(ii) whether the article is treated as a perishable product

under any other Federal law or regulation; and

(iii) any other factor considered appropriate by the Trade

Representative.

The presence or absence of any factor which the Trade

Representative is required to take into account under clause (i),

(ii), or (iii) is not necessarily dispositive of whether an

article is a perishable agricultural product.

(C) The term ''provisional relief'' means -

(i) any increase in, or imposition of, any duty;

(ii) any modification or imposition of any quantitative

restriction on the importation of an article into the United

States; or

(iii) any combination of actions under clauses (i) and (ii).

(e) Commission recommendations

(1) If the Commission makes an affirmative determination under

subsection (b)(1) of this section, the Commission shall also

recommend the action that would address the serious injury, or

threat thereof, to the domestic industry and be most effective in

facilitating the efforts of the domestic industry to make a

positive adjustment to import competition.

(2) The Commission is authorized to recommend under paragraph (1)

-

(A) an increase in, or the imposition of, any duty on the

imported article;

(B) a tariff-rate quota on the article;

(C) a modification or imposition of any quantitative

restriction on the importation of the article into the United

States;

(D) one or more appropriate adjustment measures, including the

provision of trade adjustment assistance under part 2 of this

subchapter; or

(E) any combination of the actions described in subparagraphs

(A) through (D).

(3) The Commission shall specify the type, amount, and duration

of the action recommended by it under paragraph (1). The

limitations set forth in section 2253(e) of this title are

applicable to the action recommended by the Commission.

(4) In addition to the recommendation made under paragraph (1),

the Commission may also recommend that the President -

(A) initiate international negotiations to address the

underlying cause of the increase in imports of the article or

otherwise to alleviate the injury or threat; or

(B) implement any other action authorized under law that is

likely to facilitate positive adjustment to import competition.

(5) For purposes of making its recommendation under this

subsection, the Commission shall -

(A) after reasonable notice, hold a public hearing at which all

interested parties shall be provided an opportunity to present

testimony and evidence; and

(B) take into account -

(i) the form and amount of action described in paragraph

(2)(A), (B), and (C) that would prevent or remedy the injury or

threat thereof,

(ii) the objectives and actions specified in the adjustment

plan, if any, submitted under subsection (a)(4) of this

section,

(iii) any individual commitment that was submitted to the

Commission under subsection (a)(6) of this section,

(iv) any information available to the Commission concerning

the conditions of competition in domestic and world markets,

and likely developments affecting such conditions during the

period for which action is being requested, and

(v) whether international negotiations may be constructive to

address the injury or threat thereof or to facilitate

adjustment.

(6) Only those members of the Commission who agreed to the

affirmative determination under subsection (b) of this section are

eligible to vote on the recommendation required to be made under

paragraph (1) or that may be made under paragraph (3). Members of

the Commission who did not agree to the affirmative determination

may submit, in the report required under subsection (f) of this

section, separate views regarding what action, if any, should be

taken under section 2253 of this title.

(f) Report by Commission

(1) The Commission shall submit to the President a report on each

investigation undertaken under subsection (b) of this section. The

report shall be submitted at the earliest practicable time, but not

later than 180 days (240 days if the petition alleges that critical

circumstances exist) after the date on which the petition is filed,

the request or resolution is received, or the motion is adopted, as

the case may be.

(2) The Commission shall include in the report required under

paragraph (1) the following:

(A) The determination made under subsection (b) of this section

and an explanation of the basis for the determination.

(B) If the determination under subsection (b) of this section

is affirmative, the recommendations for action made under

subsection (e) of this section and an explanation of the basis

for each recommendation.

(C) Any dissenting or separate views by members of the

Commission regarding the determination and any recommendation

referred to in subparagraphs (A) and (B).

(D) The findings required to be included in the report under

subsection (c)(2) of this section.

(E) A copy of the adjustment plan, if any, submitted under

section 2251(b)(4) of this title.

(F) Commitments submitted, and information obtained, by the

Commission regarding steps that firms and workers in the domestic

industry are taking, or plan to take, to facilitate positive

adjustment to import competition.

(G) A description of -

(i) the short- and long-term effects that implementation of

the action recommended under subection (FOOTNOTE 1) (e) of this

section is likely to have on the petitioning domestic industry,

on other domestic industries, and on consumers, and

(FOOTNOTE 1) So in original. Probably should be ''subsection''.

(ii) the short- and long-term effects of not taking the

recommended action on the petitioning domestic industry, its

workers and the communities where production facilities of such

industry are located, and on other domestic industries.

(3) The Commission, after submitting a report to the President

under paragraph (1), shall promptly make it available to the public

(with the exception of the confidential information obtained under

subsection (a)(6)(B) of this section and any other information

which the Commission determines to be confidential) and cause a

summary thereof to be published in the Federal Register.

(g) Expedited consideration of adjustment assistance petitions

If the Commission makes an affirmative determination under

subsection (b)(1) of this section, the Commission shall promptly

notify the Secretary of Labor and the Secretary of Commerce of the

determination. After receiving such notification -

(1) the Secretary of Labor shall give expedited consideration

to petitions by workers in the domestic industry for

certification for eligibility to apply for adjustment assistance

under part 2 of this subchapter; and

(2) the Secretary of Commerce shall give expedited

consideration to petitions by firms in the domestic industry for

certification of eligibility to apply for adjustment assistance

under part 3 of this subchapter.

(h) Limitations on investigations

(1) Except for good cause determined by the Commission to exist,

no investigation for the purposes of this section shall be made

with respect to the same subject matter as a previous investigation

under this part, unless 1 year has elapsed since the Commission

made its report to the President of the results of such previous

investigation.

(2) No new investigation shall be conducted with respect to an

article that is or has been the subject of an action under section

2253(a)(3)(A), (B), (C), or (E) of this title if the last day on

which the President could take action under section 2253 of this

title in the new investigation is a date earlier than that

permitted under section 2253(e)(7) of this title.

(3)(A) Not later than the date on which the Textiles Agreement

enters into force with respect to the United States, the Secretary

of Commerce shall publish in the Federal Register a list of all

articles that are subject to the Textiles Agreement. An

investigation may be conducted under this section concerning

imports of any article that is subject to the Textiles Agreement

only if the United States has integrated that article into GATT

1994 pursuant to the Textiles Agreement, as set forth in notices

published in the Federal Register by the Secretary of Commerce,

including the notice published under section 3591 of this title.

(B) For purposes of this paragraph:

(i) The term ''Textiles Agreement'' means the Agreement on

Textiles and Clothing referred to in section 3511(d)(4) of this

title.

(ii) The term ''GATT 1994'' has the meaning given that term in

section 3501(1)(B) of this title.

(i) Limited disclosure of confidential business information under

protective order

The Commission shall promulgate regulations to provide access to

confidential business information under protective order to

authorized representatives of interested parties who are parties to

an investigation under this section.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 202, Jan. 3, 1975, 88 Stat. 2014;

Pub. L. 100-418, title I, Sec. 1401(a), Aug. 23, 1988, 102 Stat.

1225; Pub. L. 103-182, title III, Sec. 315, 317(b), Dec. 8, 1993,

107 Stat. 2107, 2108; Pub. L. 103-465, title III, Sec.

301(a)-(d)(2), (4), (e), (f), 302(b)(4)(B), 303(1)-(6), Dec. 8,

1994, 108 Stat. 4932-4934, 4936, 4937; Pub. L. 104-295, Sec.

20(c)(5), Oct. 11, 1996, 110 Stat. 3528; Pub. L. 107-43, title II,

Sec. 222, Sept. 28, 2001, 115 Stat. 250.)

-STATAMEND-

TERMINATION OF AMENDMENT

For termination of amendment by section 404(c) of Pub. L.

107-43, see Effective and Termination Dates of 2001 Amendment

note below.

-REFTEXT-

REFERENCES IN TEXT

The antitrust laws, referred to in subsec. (a)(7), are classified

generally to chapter 1 (Sec. 1 et seq.) of Title 15, Commerce and

Trade.

The North American Free Trade Agreement Implementation Act,

referred to in subsec. (a)(8), is Pub. L. 103-182, Dec. 8, 1993,

107 Stat. 2057, as amended. Part 1 of title III of the Act

probably means part 1 of subtitle A of title III of the Act, which

is classified generally to subpart 1 (Sec. 3351 et seq.) of part A

of subchapter III of chapter 21 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 3301 of this title and Tables.

Title II of the United States-Jordan Free Trade Area

Implementation Act, referred to in subsec. (a)(8), is title II of

Pub. L. 107-43, Sept. 28, 2001, 115 Stat. 243, which is set out in

a note under section 2112 of this title.

The Tariff Act of 1930, referred to in subsec. (c)(5), is act

June 17, 1930, ch. 497, 46 Stat. 590, as amended. Subtitles A and

B of title VII of the Tariff Act of 1930 are classified generally

to parts I and II (Sec. 1671 et seq. and 1673 et seq.,

respectively) of subtitle IV of chapter 4 of this title. For

complete classification of this Act to the Code, see section 1654

of this title and Tables.

-MISC2-

AMENDMENTS

2001 - Subsec. (a)(8). Pub. L. 107-43, in first sentence,

temporarily substituted '', part 1'' for ''and part 1'' and

inserted before period at end '', and title II of the United

States-Jordan Free Trade Area Implementation Act''. See Effective

and Termination Dates of 2001 Amendment note below.

1996 - Subsec. (d)(4)(A)(i). Pub. L. 104-295 made technical

amendment to reference in original act which appears in text as

reference to subsection (b) of this section.

1994 - Subsec. (a)(2)(B)(ii). Pub. L. 103-465, Sec. 303(1),

struck out '', or at any time before the 150th day after the date

of filing be amended to request,'' after ''request''.

Subsec. (a)(8). Pub. L. 103-465, Sec. 301(a), inserted at end

''The Commission may request that parties providing confidential

business information furnish nonconfidential summaries thereof or,

if such parties indicate that the information in the submission

cannot be summarized, the reasons why a summary cannot be

provided. If the Commission finds that a request for

confidentiality is not warranted and if the party concerned is

either unwilling to make the information public or to authorize its

disclosure in generalized or summarized form, the Commission may

disregard the submission.''

Subsec. (b)(1)(A). Pub. L. 103-465, Sec. 303(2), substituted

''subsection (a)'' for ''subsection (b)''.

Subsec. (b)(2)(A). Pub. L. 103-465, Sec. 301(d)(2)(A)(i),

inserted ''(180 days if the petition alleges that critical

circumstances exist)'' after ''120 days''.

Subsec. (b)(2)(B). Pub. L. 103-465, Sec. 301(d)(2)(A)(ii),

inserted ''(210 days if the petition alleges that critical

circumstances exist)'' after ''150 days''.

Subsec. (b)(3), (4). Pub. L. 103-465, Sec. 301(c), added par.

(3), struck out former par. (3) which provided time limits on

Commission determinations where petitioner alleged existence of

critical circumstances, and struck out former par. (4) which

provided for notice and hearings on any adjustment plan submitted

under subsec. (a) of this section.

Subsec. (c)(1)(B)(i). Pub. L. 103-465, Sec. 301(e)(1), inserted

''productivity,'' after ''wages,''.

Subsec. (c)(6). Pub. L. 103-465, Sec. 303(5), substituted

''section'' for ''subsection'' in introductory provisions.

Subsec. (c)(6)(A). Pub. L. 103-465, Sec. 301(e)(2)(A), amended

subpar. (A) generally. Prior to amendment, subpar. (A) read as

follows: ''The term 'domestic industry' includes producers located

in the United States insular possession.''

Subsec. (c)(6)(C), (D). Pub. L. 103-465, Sec. 301(e)(2)(B), added

subpars. (C) and (D).

Subsec. (d)(1)(C)(i). Pub. L. 103-465, Sec. 303(3)(A),

substituted ''subparagraph (B)'' for ''paragraph (2)''.

Subsec. (d)(1)(E), (G). Pub. L. 103-465, Sec. 303(3)(B), struck

out ''or threat thereof'' after ''the serious injury'' wherever

appearing.

Subsec. (d)(2). Pub. L. 103-465, Sec. 301(d)(1), amended par. (2)

generally. Prior to amendment, par. (2) read as follows:

''(2)(A) The Commission shall, at the same time it makes an

affirmative determination under subsection (b)(3)(A) of this

section regarding the existence of critical circumstances, find the

amount or extent of provisional relief that is appropriate to

address such critical circumstances. The Commission shall

immediately report to the President each such affirmative

determination and finding.

''(B) After receiving a report from the Commission under

subparagraph (A), the President shall, within 7 days after the day

on which the report is received and after taking into account the

finding of the Commission under subparagraph (A), proclaim such

provisional relief, if any, that the President considers

appropriate to address the critical circumstances.''

Subsec. (d)(3). Pub. L. 103-465, Sec. 301(d)(4)(A), substituted

''(2)(D)'' for ''(2)(B)'' and ''paragraph (2)(A)'' for ''subsection

(b)(1) of this section''.

Subsec. (d)(4)(A)(i). Pub. L. 103-465, Sec. 301(d)(4)(B), 303(4),

inserted ''or (2)(D)'' after ''(1)(G)'' and substituted

''subsection (b) of this section'' for ''section 2253(a) of this

title''.

Subsec. (f)(1). Pub. L. 103-465, Sec. 301(d)(2)(B), inserted

''(240 days if the petition alleges that critical circumstances

exist)'' after ''180 days''.

Subsec. (f)(2)(G)(ii). Pub. L. 103-465, Sec. 303(6), substituted

''industry are located'' for ''industry is located''.

Subsec. (h)(2). Pub. L. 103-465, Sec. 302(b)(4)(B), amended par.

(2) generally. Prior to amendment, par. (2) read as follows: ''If

an article was the subject of an investigation under this section

that resulted in any action described in section 2253(a)(3)(A),

(B), (C), or (E) of this title being taken under section 2253 of

this title, no other investigation under this part may be initiated

with respect to such article while such action is in effect or

during the period beginning on the date on which such action

terminates that is equal in duration to the period during which

such action was in effect.''

Subsec. (h)(3). Pub. L. 103-465, Sec. 301(f), added par. (3).

Subsec. (i). Pub. L. 103-465, Sec. 301(b), added subsec. (i).

1993 - Subsec. (a)(8). Pub. L. 103-182, Sec. 317(b), added par.

(8).

Subsec. (d)(1)(A). Pub. L. 103-182, Sec. 315(1), inserted ''or

citrus product'' after ''agricultural product'' wherever appearing.

Subsec. (d)(1)(C). Pub. L. 103-182, Sec. 315(2), in cl. (i) and

provisions before subcl. (I), inserted ''or citrus product'' after

''agricultural product'' wherever appearing and in provisions

before subcl. (I), inserted ''or citrus product'' after

''competitive perishable product''.

Subsec. (d)(5). Pub. L. 103-182, Sec. 315(3), (4), added subpar.

(A) and redesignated former subpars. (A) and (B) as (B) and (C),

respectively.

1988 - Pub. L. 100-418, in amending section generally,

substituted provisions relating to investigations, determinations

and recommendations by Commission for provisions relating to

Presidential action after investigations. See section 2253 of this

title.

EFFECTIVE AND TERMINATION DATES OF 2001 AMENDMENT

Amendment by Pub. L. 107-43 effective on the date the Agreement

between the United States of America and the Hashemite Kingdom of

Jordan on the Establishment of a Free Trade Area enters into force

(Dec. 17, 2001), and ceases to be effective on the date the

Agreement ceases to be in force, see section 404(a), (c), of Pub.

L. 107-43, set out in a note under section 2112 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 304 of title III of Pub. L. 103-465 provided that:

''(a) In General. - Except as provided in subsection (b), this

subtitle (subtitle A (Sec. 301-304) of title III of Pub. L.

103-465, amending this section and sections 2253 and 2254 of this

title) and the amendments made by this subtitle take effect on the

date on which the WTO Agreement enters into force with respect to

the United States (Jan. 1, 1995).

''(b) Section 301(b). - The amendment made by section 301(b)

(amending this section) takes effect on the date of the enactment

of this Act (Dec. 8, 1994).''

EFFECTIVE DATES 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 318 of Pub. L. 103-182,

set out as an Effective Date note under section 3351 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-418 effective Aug. 23, 1988, and

applicable with respect to investigations initiated under this part

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.

URUGUAY ROUND AGREEMENTS: ENTRY INTO FORCE

The Uruguay Round Agreements, including the World Trade

Organization Agreement and agreements annexed to that Agreement, as

referred to in section 3511(d) of this title, entered into force

with respect to the United States on Jan. 1, 1995. See note set out

under section 3511 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1330, 2251, 2253, 2254,

2274, 2354, 2401c, 2436, 2451, 2451a, 2703, 3203, 3352, 3353, 3381,

3602 of this title.

-CITE-

19 USC Sec. 2253 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 1 - Positive Adjustment by Industries Injured by Imports

-HEAD-

Sec. 2253. Action by President after determination of import injury

-STATUTE-

(a) In general

(1)(A) After receiving a report under section 2252(f) of this

title containing an affirmative finding regarding serious injury,

or the threat thereof, to a domestic industry, the President shall

take all appropriate and feasible action within his power which the

President determines will facilitate efforts by the domestic

industry to make a positive adjustment to import competition and

provide greater economic and social benefits than costs.

(B) The action taken by the President under subparagraph (A)

shall be to such extent, and for such duration, subject to

subsection (e)(1) of this section, that the President determines to

be appropriate and feasible under such subparagraph.

(C) The interagency trade organization established under section

1872(a) of this title shall, with respect to each affirmative

determination reported under section 2252(f) of this title, make a

recommendation to the President as to what action the President

should take under subparagraph (A).

(2) In determining what action to take under paragraph (1), the

President shall take into account -

(A) the recommendation and report of the Commission;

(B) the extent to which workers and firms in the domestic

industry are -

(i) benefitting from adjustment assistance and other manpower

programs, and

(ii) engaged in worker retraining efforts;

(C) the efforts being made, or to be implemented, by the

domestic industry (including the efforts included in any

adjustment plan or commitment submitted to the Commission under

section 2252(a) of this title) to make a positive adjustment to

import competition;

(D) the probable effectiveness of the actions authorized under

paragraph (3) to facilitate positive adjustment to import

competition;

(E) the short- and long-term economic and social costs of the

actions authorized under paragraph (3) relative to their short-

and long-term economic and social benefits and other

considerations relative to the position of the domestic industry

in the United States economy;

(F) other factors related to the national economic interest of

the United States, including, but not limited to -

(i) the economic and social costs which would be incurred by

taxpayers, communities, and workers if import relief were not

provided under this part,

(ii) the effect of the implementation of actions under this

section on consumers and on competition in domestic markets for

articles, and

(iii) the impact on United States industries and firms as a

result of international obligations regarding compensation;

(G) the extent to which there is diversion of foreign exports

to the United States market by reason of foreign restraints;

(H) the potential for circumvention of any action taken under

this section;

(I) the national security interests of the United States; and

(J) the factors required to be considered by the Commission

under section 2252(e)(5) of this title.

(3) The President may, for purposes of taking action under

paragraph (1) -

(A) proclaim an increase in, or the imposition of, any duty on

the imported article;

(B) proclaim a tariff-rate quota on the article;

(C) proclaim a modification or imposition of any quantitative

restriction on the importation of the article into the United

States;

(D) implement one or more appropriate adjustment measures,

including the provision of trade adjustment assistance under part

2 of this subchapter;

(E) negotiate, conclude, and carry out agreements with foreign

countries limiting the export from foreign countries and the

import into the United States of such article;

(F) proclaim procedures necessary to allocate among importers

by the auction of import licenses quantities of the article that

are permitted to be imported into the United States;

(G) initiate international negotiations to address the

underlying cause of the increase in imports of the article or

otherwise to alleviate the injury or threat thereof;

(H) submit to Congress legislative proposals to facilitate the

efforts of the domestic industry to make a positive adjustment to

import competition;

(I) take any other action which may be taken by the President

under the authority of law and which the President considers

appropriate and feasible for purposes of paragraph (1); and

(J) take any combination of actions listed in subparagraphs (A)

through (I).

(4)(A) Subject to subparagraph (B), the President shall take

action under paragraph (1) within 60 days (50 days if the President

has proclaimed provisional relief under section 2252(d)(2)(D) of

this title with respect to the article concerned) after receiving a

report from the Commission containing an affirmative determination

under section 2252(b)(1) of this title (or a determination under

such section which he considers to be an affirmative determination

by reason of section 1330(d) of this title).

(B) If a supplemental report is requested under paragraph (5),

the President shall take action under paragraph (1) within 30 days

after the supplemental report is received, except that, in a case

in which the President has proclaimed provisional relief under

section 2252(d)(2)(D) of this title with respect to the article

concerned, action by the President under paragraph (1) may not be

taken later than the 200th day after the provisional relief was

proclaimed.

(5) The President may, within 15 days after the date on which he

receives a report from the Commission containing an affirmative

determination under section 2252(b)(1) of this title, request

additional information from the Commission. The Commission shall,

as soon as practicable but in no event more than 30 days after the

date on which it receives the President's request, furnish

additional information with respect to the industry in a

supplemental report.

(b) Reports to Congress

(1) On the day the President takes action under subsection (a)(1)

of this section, the President shall transmit to Congress a

document describing the action and the reasons for taking the

action. If the action taken by the President differs from the

action required to be recommended by the Commission under section

2252(e)(1) of this title, the President shall state in detail the

reasons for the difference.

(2) On the day on which the President decides that there is no

appropriate and feasible action to take under subsection (a)(1) of

this section with respect to a domestic industry, the President

shall transmit to Congress a document that sets forth in detail the

reasons for the decision.

(3) On the day on which the President takes any action under

subsection (a)(1) of this section that is not reported under

paragraph (1), the President shall transmit to Congress a document

setting forth the action being taken and the reasons therefor.

(c) Implementation of action recommended by Commission

If the President reports under subsection (b)(1) or (2) of this

section that -

(1) the action taken under subsection (a)(1) of this section

differs from the action recommended by the Commission under

section 2252(e)(1) of this title; or

(2) no action will be taken under subsection (a)(1) of this

section with respect to the domestic industry;

the action recommended by the Commission shall take effect (as

provided in subsection (d)(2) of this section) upon the enactment

of a joint resolution described in section 2192(a)(1)(A) of this

title within the 90-day period beginning on the date on which the

document referred to in subsection (b)(1) or (2) of this section is

transmitted to the Congress.

(d) Time for taking effect of certain relief

(1) Except as provided in paragraph (2), any action described in

subsection (a)(3)(A), (B), or (C) of this section, that is taken

under subsection (a)(1) of this section shall take effect within 15

days after the day on which the President proclaims the action,

unless the President announces, on the date he decides to take such

action, his intention to negotiate one or more agreements described

in subsection (a)(3)(E) of this section in which case the action

under subsection (a)(3)(A), (B), or (C) of this section shall be

proclaimed and take effect within 90 days after the date of such

decision.

(2) If the contingency set forth in subsection (c) of this

section occurs, the President shall, within 30 days after the date

of the enactment of the joint resolution referred to in such

subsection, proclaim the action recommended by the Commission under

section 2252(e)(1) of this title.

(e) Limitations on actions

(1)(A) Subject to subparagraph (B), the duration of the period in

which an action taken under this section may be in effect shall not

exceed 4 years. Such period shall include the period, if any, in

which provisional relief under section 2252(d) of this title was in

effect.

(B)(i) Subject to clause (ii), the President, after receiving an

affirmative determination from the Commission under section 2254(c)

of this title (or, if the Commission is equally divided in its

determination, a determination which the President considers to be

an affirmative determination of the Commission), may extend the

effective period of any action under this section if the President

determines that -

(I) the action continues to be necessary to prevent or remedy

the serious injury; and

(II) there is evidence that the domestic industry is making a

positive adjustment to import competition.

(ii) The effective period of any action under this section,

including any extensions thereof, may not, in the aggregate, exceed

8 years.

(2) Action of a type described in subsection (a)(3)(A), (B), or

(C) of this section may be taken under subsection (a)(1) of this

section, under section 2252(d)(1)(G) of this title, or under

section 2252(d)(2)(D) of this title only to the extent the

cumulative impact of such action does not exceed the amount

necessary to prevent or remedy the serious injury.

(3) No action may be taken under this section which would

increase a rate of duty to (or impose a rate) which is more than 50

percent ad valorem above the rate (if any) existing at the time the

action is taken.

(4) Any action taken under this section proclaiming a

quantitative restriction shall permit the importation of a quantity

or value of the article which is not less than the average quantity

or value of such article entered into the United States in the most

recent 3 years that are representative of imports of such article

and for which data are available, unless the President finds that

the importation of a different quantity or value is clearly

justified in order to prevent or remedy the serious injury.

(5) An action described in subsection (a)(3)(A), (B), or (C) of

this section that has an effective period of more than 1 year shall

be phased down at regular intervals during the period in which the

action is in effect.

(6)(A) The suspension, pursuant to any action taken under this

section, of -

(i) subheadings 9802.00.60 or 9802.00.80 of the Harmonized

Tariff Schedule of the United States with respect to an article;

and

(ii) the designation of any article as an eligible article for

purposes of subchapter V of this chapter;

shall be treated as an increase in duty.

(B) No proclamation providing for a suspension referred to in

subparagraph (A) with respect to any article may be made by the

President, nor may any such suspension be recommended by the

Commission under section 2252(e) of this title, unless the

Commission, in addition to making an affirmative determination

under section 2252(b)(1) of this title, determines in the course of

its investigation under section 2252(b) of this title that the

serious injury, or threat thereof, substantially caused by imports

to the domestic industry producing a like or directly competitive

article results from, as the case may be -

(i) the application of subheading 9802.00.60 or subheading

9802.00.80 of the Harmonized Tariff Schedule of the United

States; or

(ii) the designation of the article as an eligible article for

the purposes of subchapter V of this chapter.

(7)(A) If an article was the subject of an action under

subparagraph (A), (B), (C), or (E) of subsection (a)(3) of this

section, no new action may be taken under any of those

subparagraphs with respect to such article for -

(i) a period beginning on the date on which the previous action

terminates that is equal to the period in which the previous

action was in effect, or

(ii) a period of 2 years beginning on the date on which the

previous action terminates,

whichever is greater.

(B) Notwithstanding subparagraph (A), if the previous action

under subparagraph (A), (B), (C), or (E) of subsection (a)(3) of

this section with respect to an article was in effect for a period

of 180 days or less, the President may take a new action under any

of those subparagraphs with respect to such article if -

(i) at least 1 year has elapsed since the previous action went

into effect; and

(ii) an action described in any of those subparagraphs has not

been taken with respect to such article more than twice in the

5-year period immediately preceding the date on which the new

action with respect to such article first becomes effective.

(f) Certain agreements

(1) If the President takes action under this section other than

the implemention (FOOTNOTE 1) of agreements of the type described

in subsection (a)(3)(E) of this section, the President may, after

such action takes effect, negotiate agreements of the type

described in subsection (a)(3)(E) of this section, and may, after

such agreements take effect, suspend or terminate, in whole or in

part, any action previously taken.

(FOOTNOTE 1) So in original. Probably should be

''implementation''.

(2) If an agreement implemented under subsection (a)(3)(E) of

this section is not effective, the President may, consistent with

the limitations contained in subsection (e) of this section, take

additional action under subsection (a) of this section.

(g) Regulations

(1) The President shall by regulation provide for the efficient

and fair administration of all actions taken for the purpose of

providing import relief under this part.

(2) In order to carry out an international agreement concluded

under this part, the President may prescribe regulations governing

the entry or withdrawal from warehouse of articles covered by such

agreement. In addition, in order to carry out any agreement of the

type described in subsection (a)(3)(E) of this section that is

concluded under this part with one or more countries accounting for

a major part of United States imports of the article covered by

such agreement, including imports into a major geographic area of

the United States, the President may issue regulations governing

the entry or withdrawal from warehouse of like articles which are

the product of countries not parties to such agreement.

(3) Regulations prescribed under this subsection shall, to the

extent practicable and consistent with efficient and fair

administration, insure against inequitable sharing of imports by a

relatively small number of the larger importers.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 203, Jan. 3, 1975, 88 Stat. 2015;

Pub. L. 96-39, title XI, Sec. 1106(d), July 26, 1979, 93 Stat. 312;

Pub. L. 98-573, title II, Sec. 248(a), Oct. 30, 1984, 98 Stat.

2998; Pub. L. 100-418, title I, Sec. 1214(j)(2), 1401(a), Aug. 23,

1988, 102 Stat. 1158, 1234; Pub. L. 100-647, title IX, Sec.

9001(a)(2), Nov. 10, 1988, 102 Stat. 3806; Pub. L. 103-465, title

III, Sec. 301(d)(3), 302(a)-(b)(4)(A), 303(7)-(10), Dec. 8, 1994,

108 Stat. 4933-4937.)

-REFTEXT-

REFERENCES IN TEXT

The Harmonized Tariff Schedule of the United States, referred to

in subsec. (e)(6), is not set out in the Code. See Publication of

Harmonized Tariff Schedule note set out under section 1202 of this

title.

-MISC2-

AMENDMENTS

1994 - Subsec. (a)(2)(C). Pub. L. 103-465, Sec. 303(7),

substituted ''2252(a)'' for ''2251(b)''.

Subsec. (a)(3)(E). Pub. L. 103-465, Sec. 302(a)(1), struck out

''orderly marketing'' before ''agreements''.

Subsec. (a)(4). Pub. L. 103-465, Sec. 301(d)(3), designated

existing provisions as subpar. (A), substituted ''Subject to

subparagraph (B), the'' for ''The'', inserted ''(50 days if the

President has proclaimed provisional relief under section

2252(d)(2)(D) of this title with respect to the article

concerned)'' after ''60 days'', and substituted a period and

subpar. (B) for ''; except that if a supplemental report is

requested under paragraph (5), the President shall take action

under paragraph (1) within 30 days after the supplemental report is

received.''

Subsec. (c). Pub. L. 103-465, Sec. 303(8), substituted

''subsection (d)(2)'' for ''subsection (c)(2)'' in concluding

provisions.

Subsec. (d)(1). Pub. L. 103-465, Sec. 302(a)(2), substituted

''agreements described in subsection (a)(3)(E) of this section''

for ''orderly marketing agreements''.

Subsec. (e)(1). Pub. L. 103-465, Sec. 302(b)(1), amended par. (1)

generally. Prior to amendment, par. (1) read as follows:

''(1)(A) The duration of the period in which action taken under

this section may be in effect shall not exceed 8 years.

''(B) If the initial effective period for action taken under this

section is less than 8 years, the President may extend the

effective period once, but the aggregate of the initial period and

the extension may not exceed 8 years.''

Subsec. (e)(2). Pub. L. 103-465, Sec. 303(9), substituted ''of a

type described in subsection (a)(3)(A), (B), or (C) of this section

may be taken under subsection (a)(1) of this section, under section

2252(d)(1)(G) of this title, or under section 2252(d)(2)(D) of this

title'' for ''may be taken under subsection (a)(1)(A), (B), or (C)

of this section or under section 2252(d)(2)(B) of this title'' and

struck out ''or threat thereof'' after ''the serious injury''.

Subsec. (e)(4), (5). Pub. L. 103-465, Sec. 302(b)(2), (3),

amended pars. (4) and (5) generally. Prior to amendment, pars. (4)

and (5) read as follows:

''(4) Any action taken under this section proclaiming a

quantitative restriction shall permit the importation of a quantity

or value of the article which is not less than the quantity or

value of such article imported into the United States during the

most recent period that is representative of imports of such

article.

''(5) To the extent feasible, an effective period of more than 3

years for an action described in subsection (a)(3)(A), (B), or (C)

of this section shall be phased down during the period in which the

action is taken, with the first reduction taking effect no later

than the close of the day which is 3 years after the day on which

such action first takes effect.''

Subsec. (e)(6)(B). Pub. L. 103-465, Sec. 303(10), substituted

''section 2252(e) of this title'' for ''subsection (c) of this

section'' and ''section 2252(b) of this title'' for ''subsection

(a) of this section''.

Subsec. (e)(7). Pub. L. 103-465, Sec. 302(b)(4)(A), added par.

(7).

Subsec. (f). Pub. L. 103-465, Sec. 302(a)(3), in heading,

substituted ''Certain'' for ''Orderly marketing and other'', in

par. (1), substituted ''implementation of agreements of the type

described in subsection (a)(3)(E) of this section'' for

''implementation of orderly marketing agreements'' and ''negotiate

agreements of the type described in subsection (a)(3)(E) of this

section'' for ''negotiate orderly marketing agreements with foreign

countries'', and in par. (2), substituted ''agreement implemented

under subsection (a)(3)(E) of this section'' for ''orderly

marketing agreement implemented under subsection (a) of this

section''.

Subsec. (g)(2). Pub. L. 103-465, Sec. 302(a)(4), in first

sentence, struck out ''orderly marketing or other'' before

''international'', and in second sentence, substituted ''agreement

of the type described in subsection (a)(3)(E) of this section that

is'' for ''orderly marketing agreement'' and ''covered by such

agreement'' for ''covered by such agreements''.

1988 - Pub. L. 100-418, Sec. 1401(a), in amending section

generally, substituted provisions relating to action by President

after determination of import injury for provisions relating to

import relief.

Subsec. (e)(6)(A)(i). Pub. L. 100-418, Sec. 1214(j)(2)(A), as

amended by Pub. L. 100-647, Sec. 9001(a)(2)(B)(i), (ii),

substituted ''subheadings 9802.00.60 or 9802.00.80 of the

Harmonized Tariff Schedule of the United States'' for ''item 806.30

or 807.00 of the Tariff Schedules of the United States''.

Subsec. (e)(6)(B). Pub. L. 100-647, Sec. 9001(a)(2)(A),

substituted ''(i) the application'' for ''(A) the application'',

and ''(ii) the designation'' for ''(B) the designation''.

Subsec. (e)(6)(B)(i). Pub. L. 100-418, Sec. 1214(j)(2)(B), as

amended by Pub. L. 100-647, Sec. 9001(a)(2)(B)(i), (iii),

substituted ''subheading 9802.00.60 or subheading 9802.00.80 of the

Harmonized Tariff Schedule of the United States'' for ''item 806.30

or item 807.00''.

1984 - Subsec. (c)(1). Pub. L. 98-573, Sec. 248(a)(1),

substituted provision that the action recommended by the Commission

shall take effect upon enactment of a joint resolution described in

section 2192(a)(1)(A) of this title for provision that the action

recommended by the Commission would take effect upon the adoption

by both Houses of Congress, by an affirmative vote of a majority of

the Members of each House present and voting under the procedures

set forth in section 2192 of this title, of a concurrent resolution

disapproving the action taken by the President or his determination

not to provide import relief under section 2252(a)(1)(A) of this

title.

Subsec. (c)(2). Pub. L. 98-573, Sec. 248(a)(2), substituted

''enactment of the joint resolution referred to in paragraph (1)''

for ''adoption of such resolution'' and ''section 2251(d)'' for

''section 2251(b)''.

1979 - Subsec. (a)(4). Pub. L. 96-39, Sec. 1106(d)(1),

substituted ''negotiate, conclude, and carry out'' for

''negotiate''.

Subsec. (b)(1). Pub. L. 96-39, Sec. 1106(d)(2)(A), (B),

substituted ''On the day the President determines under section

2252 of this title to provide import relief, including announcement

of his intention to negotiate an orderly marketing agreement'' for

''On the day on which the President proclaims import relief under

this section or announces his intention to negotiate one or more

orderly marketing agreements'' and section ''2251(d)(1)(A)'' for

''2251(b)(1)(A)'' of this title.

Subsec. (b)(3). Pub. L. 96-39, Sec. 1106(d)(2)(C), added par.

(3).

Subsec. (c)(1). Pub. L. 96-39, Sec. 1106(d)(3)(A), (B),

substituted ''section 2251(d)(1)(A)'' for ''section 2251(b)(1)(A)''

of this title and inserted ''under the procedures set forth in

section 2192 of this title'' after ''voting''.

Subsec. (e)(3). Pub. L. 96-39, Sec. 1106(d)(4), substituted

''subsection (a) of this section'' for ''subsection (a)(1), (2),

(3), or (5) of this section''.

Subsec. (g)(1). Pub. L. 96-39, Sec. 1106(d)(5)(A), (B), struck

out ''quantitative'' before ''restriction'' and substituted

''pursuant to this section'' for ''pursuant to subsection (a)(3) or

(c) of this section''.

Subsec. (g)(2). Pub. L. 96-39, Sec. 1106(d)(6), inserted

references to subsec. (e)(3) of this section.

Subsec. (h)(3). Pub. L. 96-39, Sec. 1106(d)(7)(A), (B), inserted

reference to subsec. (i)(3) of this section and substituted ''one

period of not more than 3 years'' for ''one 3-year period''.

Subsec. (h)(4). Pub. L. 96-39, Sec. 1106(d)(7)(A), inserted

reference to subsec. (i)(3) of this section.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective on the date on which the

WTO Agreement enters into force with respect to the United States

(Jan. 1, 1995), see section 304(a) of Pub. L. 103-465, set out as a

note under section 2252 of this title.

EFFECTIVE DATE OF 1988 AMENDMENTS

Amendment by Pub. L. 100-647 applicable as if such amendment took

effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647,

set out as an Effective and Termination Dates of 1988 Amendments

note under section 58c of this title.

Amendment by section 1214(j)(2) of Pub. L. 100-418 effective Jan.

1, 1989, and applicable with respect to articles entered on or

after such date, see section 1217(b)(1) of Pub. L. 100-418, set out

as an Effective Date note under section 3001 of this title.

Amendment by section 1401a of Pub. L. 100-418 effective Aug. 23,

1988, and applicable with respect to investigations initiated under

this part 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.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 effective on 15th day after Oct. 30,

1984, see section 214(a), (b) of Pub. L. 98-573, set out as a note

under section 1304 of this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-39 effective July 26, 1979, see section

1114 of Pub. L. 96-39, set out as an Effective Date note under

section 2581 of this title.

STEEL IMPORT STABILIZATION

Title VIII of Pub. L. 98-573, as amended by Pub. L. 100-418,

title I, Sec. 1322, Aug. 23, 1988, 102 Stat. 1195; Pub. L. 101-221,

Sec. 2, 3(a), 4-6(a), Dec. 12, 1989, 103 Stat. 1886-1889, known as

the Steel Import Stabilization Act, endorsed principles and goals

of steel trade liberalization program as announced by the President

on July 25, 1989, and provided for its implementation, granted

specific enforcement powers to President to carry out terms and

conditions of bilateral arrangements entered into for purposes of

implementing that program, made continuation of those powers

subject to condition that steel industry continue to modernize its

plant and equipment and provide for appropriate worker retraining,

directed Secretary of Labor to prepare and submit to Congress plan

of action for assisting workers in communities adversely affected

by imports of steel products, and provided that section 805 which

provided enforcement authority for President would terminate Mar.

31, 1992.

LIMITATION ON MEAT IMPORTS

Pub. L. 88-482, Sec. 2, Aug. 22, 1964, 78 Stat. 594, as amended

by Pub. L. 96-177, Dec. 31, 1979, 93 Stat. 1291; Pub. L. 100-418,

title I, Sec. 1214(u), Aug. 23, 1988, 102 Stat. 1162; Pub. L.

100-449, title III, Sec. 301(b), Sept. 28, 1988, 102 Stat. 1867;

Pub. L. 103-182, title III, Sec. 321(a), Dec. 8, 1993, 107 Stat.

2108, provided that this section was to be cited as the ''Meat

Import Act of 1979'', defined terms for purposes of this section,

limited with exception the aggregate quantity of meat articles

which could enter the country in any calendar year after 1979,

provided for adjustment of aggregate quantity for calendar years

after 1979, required Secretary of Agriculture to estimate and

publish yearly aggregate quantity, authorized President to increase

or limit by proclamation the total quantity of meat articles

entering this country under certain circumstances, and provided for

suspension of such proclamations after providing notice in Federal

Register and opportunity to comment, prior to repeal by Pub. L.

103-465, title IV, Sec. 403, Dec. 8, 1994, 108 Stat. 4959,

effective on the date of entry into force of the WTO Agreement with

respect to the United States (Jan. 1, 1995).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1330, 1981, 2114d, 2133,

2137, 2192, 2194, 2252, 2254, 2436, 2463, 2581, 2703, 3203, 3602 of

this title.

-CITE-

19 USC Sec. 2254 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 1 - Positive Adjustment by Industries Injured by Imports

-HEAD-

Sec. 2254. Monitoring, modification, and termination of action

-STATUTE-

(a) Monitoring

(1) So long as any action taken under section 2253 of this title

remains in effect, the Commission shall monitor developments with

respect to the domestic industry, including the progress and

specific efforts made by workers and firms in the domestic industry

to make a positive adjustment to import competition.

(2) If the initial period during which the action taken under

section 2253 of this title is in effect exceeds 3 years, or if an

extension of such action exceeds 3 years, the Commission shall

submit a report on the results of the monitoring under paragraph

(1) to the President and to the Congress not later than the date

that is the mid-point of the initial period, and of each such

extension, during which the action is in effect.

(3) In the course of preparing each report under paragraph (2),

the Commission shall hold a hearing at which interested persons

shall be given a reasonable opportunity to be present, to produce

evidence, and to be heard.

(4) Upon request of the President, the Commission shall advise

the President of its judgment as to the probable economic effect on

the industry concerned of any reduction, modification, or

termination of the action taken under section 2253 of this title

which is under consideration.

(b) Reduction, modification, and termination of action

(1) Action taken under section 2253 of this title may be reduced,

modified, or terminated by the President (but not before the

President receives the report required under subsection (a)(2)(A)

of this section) if the President -

(A) after taking into account any report or advice submitted by

the Commission under subsection (a) of this section and after

seeking the advice of the Secretary of Commerce and the Secretary

of Labor, determines, on the basis that either -

(i) the domestic industry has not made adequate efforts to

make a positive adjustment to import competition, or

(ii) the effectiveness of the action taken under section 2253

of this title has been impaired by changed economic

circumstances,

that changed circumstances warrant such reduction, or

termination; or

(B) determines, after a majority of the representatives of the

domestic industry submits to the President a petition requesting

such reduction, modification, or termination on such basis, that

the domestic industry has made a positive adjustment to import

competition.

(2) Notwithstanding paragraph (1), the President is authorized to

take such additional action under section 2253 of this title as may

be necessary to eliminate any circumvention of any action

previously taken under such section.

(3) Notwithstanding paragraph (1), the President may, after

receipt of a Commission determination under section 3538(a)(4) of

this title and consulting with the Committee on Ways and Means of

the House of Representatives and the Committee on Finance of the

Senate, reduce, modify, or terminate action taken under section

2253 of this title.

(c) Extension of action

(1) Upon request of the President, or upon petition on behalf of

the industry concerned filed with the Commission not earlier than

the date which is 9 months, and not later than the date which is 6

months, before the date any action taken under section 2253 of this

title is to terminate, the Commission shall investigate to

determine whether action under section 2253 of this title continues

to be necessary to prevent or remedy serious injury and whether

there is evidence that the industry is making a positive adjustment

to import competition.

(2) The Commission shall publish notice of the commencement of

any proceeding under this subsection in the Federal Register and

shall, within a reasonable time thereafter, hold a public hearing

at which the Commission shall afford interested parties and

consumers an opportunity to be present, to present evidence, and to

respond to the presentations of other parties and consumers, and

otherwise to be heard.

(3) The Commission shall transmit to the President a report on

its investigation and determination under this subsection not later

than 60 days before the action under section 2253 of this title is

to terminate, unless the President specifies a different date.

(d) Evaluation of effectiveness of action

(1) After any action taken under section 2253 of this title has

terminated, the Commission shall evaluate the effectiveness of the

actions in facilitating positive adjustment by the domestic

industry to import competition, consistent with the reasons set out

by the President in the report submitted to the Congress under

section 2253(b) of this title.

(2) During the course of the evaluation conducted under paragraph

(1), the Commission shall, after reasonable public notice, hold a

hearing on the effectiveness of the action. All interested persons

shall have the opportunity to attend such hearing and to present

evidence or testimony at such hearing.

(3) A report on the evaluation made under paragraph (1) and the

hearings held under paragraph (2) shall be submitted by the

Commission to the President and to the Congress by no later than

the 180th day after the day on which the actions taken under

section 2253 of this title terminated.

(e) Other provisions

(1) Action by the President under this part may be taken without

regard to the provisions of section 2136(a) of this title but only

after consideration of the relation of such actions to the

international obligations of the United States.

(2) If the Commission treats as the domestic industry production

located in a major geographic area of the United States under

section 2252(c)(4)(C) of this title, then the President shall take

into account the geographic concentration of domestic production

and of imports in that area in taking any action authorized under

paragraph (1).

-SOURCE-

(Pub. L. 93-618, title II, Sec. 204, as added Pub. L. 100-418,

title I, Sec. 1401(a), Aug. 23, 1988, 102 Stat. 1238; amended Pub.

L. 100-647, title IX, Sec. 9001(a)(8), Nov. 10, 1988, 102 Stat.

3807; Pub. L. 103-465, title I, Sec. 129(a)(7), title III, Sec.

302(c), (d), Dec. 8, 1994, 108 Stat. 4837, 4936.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(2). Pub. L. 103-465, Sec. 302(c)(1), amended

par. (2) generally. Prior to amendment, par. (2) read as follows:

''The Commission shall submit a report on the results of the

monitoring under paragraph (1) to the President and to the Congress

not later than -

''(A) the 2nd-anniversary of the day on which the action under

section 2253 of this title first took effect; and

''(B) the last day of each 2-year period occurring after the

2-year period referred to in subparagraph (A).''

Subsec. (a)(4). Pub. L. 103-465, Sec. 302(c)(2), struck out

''extension,'' before ''reduction,''.

Subsec. (b)(3). Pub. L. 103-465, Sec. 129(a)(7), added par. (3).

Subsecs. (c) to (e). Pub. L. 103-465, Sec. 302(d), added subsec.

(c) and redesignated former subsecs. (c) and (d) as (d) and (e),

respectivley.

1988 - Subsecs. (c) to (e). Pub. L. 100-647 redesignated subsecs.

(d) and (e) as (c) and (d), respectively.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 129(a)(7) of Pub. L. 103-465 effective on

the date on which the WTO Agreement enters into force with respect

to the United States (Jan. 1, 1995), see section 130 of Pub. L.

103-465, set out as an Effective Date note under section 3531 of

this title.

Amendment by section 302(c), (d) of Pub. L. 103-465 effective on

the date on which the WTO Agreement enters into force with respect

to the United States (Jan. 1, 1995), see section 304(a) of Pub. L.

103-465, set out as a note under section 2252 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-647 applicable as if such amendment took

effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647,

set out as an Effective and Termination Dates of 1988 Amendments

note under section 58c of this title.

EFFECTIVE DATE

Section effective Aug. 23, 1988, and applicable with respect to

investigations initiated under this part on or after that date, see

section 1401(c) of Pub. L. 100-418, set out as an Effective Date of

1988 Amendment note under section 2251 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1330, 2133, 2251, 2253,

3203 of this title.

-CITE-

19 USC Part 2 - Adjustment Assistance for Workers 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 2 - Adjustment Assistance for Workers

.

-HEAD-

Part 2 - Adjustment Assistance for Workers

-MISC1-

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-210, div. A, title I, Sec. 151, Aug. 6, 2002, 116

Stat. 953, provided that:

''(a) In General. - Except as otherwise provided in sections

123(c) (set out as a note under section 2331 of this title) and

141(b) (set out as a note under section 2401 of this title), and

subsections (b), (c), and (d) of this section, the amendments made

by this division (probably means this title, which enacted sections

2318 and 2401 to 2401g of this title, amended sections 2271 to

2273, 2275, 2291, 2293, 2295 to 2298, 2317, 2346, and 2395 of this

title, repealed sections 2318, 2322, and 2331 of this title, and

amended provisions set out as a note below) shall apply to

petitions for certification filed under chapter 2 or 3 of title II

of the Trade Act of 1974 (this part and part 3 of this subchapter)

on or after the date that is 90 days after the date of enactment of

this Act (Aug. 6, 2002).

''(b) Workers Certified as Eligible Before Effective Date. -

Notwithstanding subsection (a), a worker shall continue to receive

(or be eligible to receive) trade adjustment assistance and other

benefits under chapter 2 of title II of the Trade Act of 1974 (this

part), as in effect on September 30, 2001, for any week for which

the worker meets the eligibility requirements of such chapter 2 as

in effect on such date, if on or before such date, the worker -

''(1) was certified as eligible for trade adjustment assistance

benefits under such chapter as in effect on such date; and

''(2) would otherwise be eligible to receive trade adjustment

assistance benefits under such chapter as in effect on such date.

''(c) Workers Who Became Eligible During Qualified Period. -

''(1) In general. - Notwithstanding subsection (a) or any other

provision of law, including section 285 of the Trade Act of 1974

(Pub. L. 93-618, set out as a Termination Date note below), any

worker who would have been eligible to receive trade adjustment

assistance or other benefits under chapter 2 of title II of the

Trade Act of 1974 (this part) during the qualified period if such

chapter 2 had been in effect during such period, shall be

eligible to receive trade adjustment assistance and other

benefits under chapter 2 of title II of the Trade Act of 1974, as

in effect on September 30, 2001, for any week during the

qualified period for which the worker meets the eligibility

requirements of such chapter 2 as in effect on September 30,

2001.

''(2) Qualified period. - For purposes of this subsection, the

term 'qualified period' means the period beginning on January 11,

2002, and ending on the date that is 90 days after the date of

enactment of this Act (Aug. 6, 2002).

''(d) Adjustment Assistance for Firms. -

''(1) In general. - Notwithstanding subsection (a) or any other

provision of law, including section 285 of the Trade Act of 1974

(set out as a Termination Date note below), and except as

provided in paragraph (2), any firm that would have been eligible

to receive adjustment assistance under chapter 3 of title II of

the Trade Act if 1974 (part 3 of this subchapter) during the

qualified period if such chapter 3 had been in effect during such

period, shall be eligible to receive adjustment assistance under

chapter 3 of title II of the Trade Act of 1974, as in effect on

September 30, 2001, for any week during the qualified period for

which the firm meets the eligibility requirements of such chapter

3 as in effect on September 30, 2001.

''(2) Qualified period. - For purposes of this subsection, the

term 'qualified period' means the period beginning on October 1,

2001, and ending on the date that is 90 days after the date of

enactment of this Act (Aug. 6, 2002).''

TERMINATION DATE

Section 285, formerly section 284, of Pub. L. 93-618, title II,

Jan. 3, 1975, 88 Stat. 2041; renumbered Sec. 285, Pub. L. 96-417,

title VI, Sec. 613(a), Oct. 10, 1980, 94 Stat. 1746; and amended

Pub. L. 97-35, title XXV, Sec. 2512, Aug. 13, 1981, 95 Stat. 888;

Pub. L. 98-120, Sec. 2(b), Oct. 12, 1983, 97 Stat. 809; Pub. L.

99-107, Sec. 3, Sept. 30, 1985, 99 Stat. 479; Pub. L. 99-155, Sec.

2(b), Nov. 14, 1985, 99 Stat. 814; Pub. L. 99-181, Sec. 2, Dec. 13,

1985, 99 Stat. 1172; Pub. L. 99-189, Sec. 2, Dec. 18, 1985, 99

Stat. 1184; Pub. L. 99-272, title XIII, Sec. 13007(a), Apr. 7,

1986, 100 Stat. 304; Pub. L. 100-418, title I, Sec. 1426(a), Aug.

23, 1988, 102 Stat. 1251; Pub. L. 103-66, title XIII, Sec.

13803(a)(1), Aug. 10, 1993, 107 Stat. 668; Pub. L. 103-182, title

V, Sec. 505, Dec. 8, 1993, 107 Stat. 2152; Pub. L. 105-277, div.

J, title I, Sec. 1012(d), Oct. 21, 1998, 112 Stat. 2681-901; Pub.

L. 106-113, div. B, Sec. 1000(a)(5) (title VII, Sec. 702(d)), Nov.

29, 1999, 113 Stat. 1536, 1501A-319; Pub. L. 107-210, div. A,

title I, Sec. 111(c), Aug. 6, 2002, 116 Stat. 936, provided that:

''(a) Assistance for Workers. -

''(1) In general. - Except as provided in paragraph (2), trade

adjustment assistance, vouchers, allowances, and other payments

or benefits may not be provided under chapter 2 (this part) after

September 30, 2007.

''(2) Exception. - Notwithstanding paragraph (1), a worker

shall continue to receive trade adjustment assistance benefits

and other benefits under chapter 2 for any week for which the

worker meets the eligibility requirements of that chapter, if on

or before September 30, 2007, the worker is -

''(A) certified as eligible for trade adjustment assistance

benefits under chapter 2 of this title (this part); and

''(B) otherwise eligible to receive trade adjustment

assistance benefits under chapter 2.

''(b) Other Assistance. -

''(1) Assistance for firms. - Technical assistance may not be

provided under chapter 3 (part 3 of this subchapter) after

September 30, 2007.

''(2) Assistance for farmers. -

''(A) In general. - Except as provided in subparagraph (B),

adjustment assistance, vouchers, allowances, and other payments

or benefits may not be provided under chapter 6 (part 6 of this

subchapter) after September 30, 2007.

''(B) Exception. - Notwithstanding subparagraph (A), an

agricultural commodity producer (as defined in section 291(2)

(19 U.S.C. 2401(2))) shall continue to receive adjustment

assistance benefits and other benefits under chapter 6, for any

week for which the agricultural commodity producer meets the

eligibility requirements of chapter 6, if on or before

September 30, 2007, the agricultural commodity producer is -

''(i) certified as eligible for adjustment assistance

benefits under chapter 6; and

''(ii) is otherwise eligible to receive adjustment

assistance benefits under such chapter 6.''

(Amendment by Pub. L. 106-113 to section 285 of Pub. L. 93-618,

set out above, effective as of July 1, 1999, see section 1000(a)(5)

(title VII, Sec. 702(e)) of Pub. L. 106-113, set out as an

Effective Date of 1999 Amendment note under section 2317 of this

title.)

(Amendment by Pub. L. 103-182 to section 285 of Pub. L. 93-618,

set out above, 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, set out as an

Effective Date of 1993 Amendment note under section 2271 of this

title.)

(Parts 2 and 3 of this subchapter applicable as if amendments by

sections 13007 and 13008 of Pub. L. 99-272, amending section 285 of

Pub. L. 93-618, set out above, and sections 2317 and 2346 of this

title, had taken effect Dec. 18, 1985, see section 13009(c) of Pub.

L. 99-272, set out as an Effective Date of 1986 Amendment note

under section 2291 of this title.)

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 1339, 2252, 2253, 2318,

2391, 2396, 2397 of this title; title 20 section 9271; title 26

section 35; title 29 sections 2822, 2841, 2918.

-CITE-

19 USC subpart a - petitions and determinations 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 2 - Adjustment Assistance for Workers

subpart a - petitions and determinations

.

-HEAD-

subpart a - petitions and determinations

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 2291, 2295, 2296, 2297,

2298, 2318 of this title.

-CITE-

19 USC Sec. 2271 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 2 - Adjustment Assistance for Workers

subpart a - petitions and determinations

-HEAD-

Sec. 2271. Petitions

-STATUTE-

(a) Filing of petitions; assistance; publication of notice

(1) A petition for certification of eligibility to apply for

adjustment assistance for a group of workers under this part may be

filed simultaneously with the Secretary and with the Governor of

the State in which such workers' firm or subdivision is located by

any of the following:

(A) The group of workers (including workers in an agricultural

firm or subdivision of any agricultural firm).

(B) The certified or recognized union or other duly authorized

representative of such workers.

(C) Employers of such workers, one-stop operators or one-stop

partners (as defined in section 101 of the Workforce Investment

Act of 1998 (29 U.S.C. 2801)), including State employment

security agencies, or the State dislocated worker unit

established under title I of such Act (29 U.S.C. 2801 et seq.),

on behalf of such workers.

(2) Upon receipt of a petition filed under paragraph (1), the

Governor shall -

(A) ensure that rapid response assistance, and appropriate core

and intensive services (as described in section 134 of the

Workforce Investment Act of 1998 (29 U.S.C. 2864)) authorized

under other Federal laws are made available to the workers

covered by the petition to the extent authorized under such laws;

and

(B) assist the Secretary in the review of the petition by

verifying such information and providing such other assistance as

the Secretary may request.

(3) Upon receipt of the petition, the Secretary shall promptly

publish notice in the Federal Register that the Secretary has

received the petition and initiated an investigation.

(b) Hearing

If the petitioner, or any other person found by the Secretary to

have a substantial interest in the proceedings, submits not later

than 10 days after the date of the Secretary's publication under

subsection (a) of this section a request for a hearing, the

Secretary shall provide for a public hearing and afford such

interested persons an opportunity to be present, to produce

evidence, and to be heard.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 221, Jan. 3, 1975, 88 Stat. 2019;

Pub. L. 99-272, title XIII, Sec. 13002(a), Apr. 7, 1986, 100 Stat.

300; Pub. L. 103-182, title V, Sec. 503(a), Dec. 8, 1993, 107 Stat.

2151; Pub. L. 107-210, div. A, title I, Sec. 112(a), Aug. 6, 2002,

116 Stat. 937.)

-REFTEXT-

REFERENCES IN TEXT

The Workforce Investment Act of 1998, referred to in subsec.

(a)(1)(C), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as

amended. Title I of the Act is classified principally to chapter

30 (Sec. 2801 et seq.) of Title 29, Labor. For complete

classification of this Act to the Code, see Short Title note set

out under section 9201 of Title 20, Education, and Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-210 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows: ''A

petition for a certification of eligibility to apply for adjustment

assistance under this subpart may be filed with the Secretary of

Labor (hereinafter in this part referred to as the 'Secretary') by

a group of workers (including workers in any agricultural firm or

subdivision of an agricultural firm) or by their certified or

recognized union or other duly authorized representative. Upon

receipt of the petition, the Secretary shall promptly publish

notice in the Federal Register that he has received the petition

and initiated an investigation.''

1993 - Subsec. (a). Pub. L. 103-182 substituted ''assistance

under this subpart'' for ''assistance under this part''.

1986 - Subsec. (a). Pub. L. 99-272 inserted ''(including workers

in any agricultural firm or subdivision of an agricultural firm)''

after ''group of workers''.

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 this section.

EFFECTIVE DATE OF 1993 AMENDMENT

Pub. L. 103-182, title V, Sec. 506, Dec. 8, 1993, 107 Stat. 2152,

provided that:

''(a) In General. - The amendments made by sections 501, 502,

503, 504, and 505 (enacting sections 2322 and 2331 of this title

and amending this section, sections 2272, 2273, 2275, 2317, and

2395 of this title, and provisions set out as a note preceding this

section) shall take effect on the date the Agreement (North

American Free Trade Agreement) enters into force with respect to

the United States (Jan. 1, 1994).

''(b) Covered Workers. -

''(1) General rule. - Except as provided in paragraph (2), no

worker shall be certified as eligible to receive assistance under

subchapter D of chapter 2 of title II of the Trade Act of 1974

(former 19 U.S.C. 2331 et seq.) (as added by this subtitle) whose

last total or partial separation from a firm (or appropriate

subdivision of a firm) occurred before such date of entry into

force.

''(2) Reachback. - Notwithstanding paragraph (1), any worker -

''(A) whose last total or partial separation from a firm (or

appropriate subdivision of a firm) occurs -

''(i) after the date of the enactment of this Act (Dec. 8,

1993), and

''(ii) before such date of entry into force, and

''(B) who would otherwise be eligible to receive assistance

under subchapter D of chapter 2 of title II of the Trade Act of

1974,

shall be eligible to receive such assistance in the same manner

as if such separation occurred on or after such date of entry

into force.''

TERMINATION DATE

No trade adjustment assistance, vouchers, allowances, or other

payments or benefits may be provided under this part after Sept.

30, 2007, except as otherwise provided, see section 285 of Pub. L.

93-618, as amended, set out as a note preceding this section.

DECLARATION OF POLICY; SENSE OF CONGRESS

Pub. L. 107-210, div. A, title I, Sec. 125, Aug. 6, 2002, 116

Stat. 946, provided that:

''(a) Declaration of Policy. - Congress reiterates that, under

the trade adjustment assistance program under chapter 2 of title II

of the Trade Act of 1974 (this part), workers are eligible for

transportation, childcare, and healthcare assistance, as well as

other related assistance under programs administered by the

Department of Labor.

''(b) Sense of Congress. - It is the sense of Congress that the

Secretary of Labor, working independently and in conjunction with

the States, should, in accordance with section 225 of the Trade Act

of 1974 (19 U.S.C. 2275), provide more specific information about

benefit allowances, training, and other employment services, and

the petition and application procedures (including appropriate

filing dates) for such allowances, training, and services, under

the trade adjustment assistance program under chapter 2 of title II

of the Trade Act of 1974 to workers who are applying for, or are

certified to receive, assistance under that program, including

information on all other Federal assistance available to such

workers.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2272, 2273, 2291, 2311,

2318 of this title.

-CITE-

19 USC Sec. 2272 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 2 - Adjustment Assistance for Workers

subpart a - petitions and determinations

-HEAD-

Sec. 2272. Group eligibility requirements; agricultural workers;

oil and natural gas industry

-STATUTE-

(a) In general

A group of workers (including workers in any agricultural firm or

subdivision of an agricultural firm) shall be certified by the

Secretary as eligible to apply for adjustment assistance under this

part pursuant to a petition filed under section 2271 of this title

if the Secretary determines that -

(1) a significant number or proportion of the workers in such

workers' firm, or an appropriate subdivision of the firm, have

become totally or partially separated, or are threatened to

become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm or

subdivision have decreased absolutely;

(ii) imports of articles like or directly competitive with

articles produced by such firm or subdivision have increased; and

(iii) the increase in imports described in clause (ii)

contributed importantly to such workers' separation or threat of

separation and to the decline in the sales or production of such

firm or subdivision; or

(B)(i) there has been a shift in production by such workers'

firm or subdivision to a foreign country of articles like or

directly competitive with articles which are produced by such

firm or subdivision; and

(ii)(I) the country to which the workers' firm has shifted

production of the articles is a party to a free trade agreement

with the United States;

(II) the country to which the workers' firm has shifted

production of the articles is a beneficiary country under the

Andean Trade Preference Act (19 U.S.C. 3201 et seq.), African

Growth and Opportunity Act (19 U.S.C. 3701 et seq.), or the

Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.);

or

(III) there has been or is likely to be an increase in imports

of articles that are like or directly competitive with articles

which are or were produced by such firm or subdivision.

(b) Adversely affected secondary workers

A group of workers (including workers in any agricultural firm or

subdivision of an agricultural firm) shall be certified by the

Secretary as eligible to apply for trade adjustment assistance

benefits under this part if the Secretary determines that -

(1) a significant number or proportion of the workers in the

workers' firm or an appropriate subdivision of the firm have

become totally or partially separated, or are threatened to

become totally or partially separated;

(2) the workers' firm (or subdivision) is a supplier or

downstream producer to a firm (or subdivision) that employed a

group of workers who received a certification of eligibility

under subsection (a) of this section, and such supply or

production is related to the article that was the basis for such

certification (as defined in subsection (c)(3) and (4) of this

section); and

(3) either -

(A) the workers' firm is a supplier and the component parts

it supplied to the firm (or subdivision) described in paragraph

(2) accounted for at least 20 percent of the production or

sales of the workers' firm; or

(B) a loss of business by the workers' firm with the firm (or

subdivision) described in paragraph (2) contributed importantly

to the workers' separation or threat of separation determined

under paragraph (1).

(c) Definitions

For purposes of this section -

(1) The term ''contributed importantly'' means a cause which is

important but not necessarily more important than any other

cause.

(2)(A) Any firm, or appropriate subdivision of a firm, that

engages in exploration or drilling for oil or natural gas shall

be considered to be a firm producing oil or natural gas.

(B) Any firm, or appropriate subdivision of a 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 natural gas.

(3) Downstream producer. - The term ''downstream producer''

means a firm that performs additional, value-added production

processes for a firm or subdivision, including a firm that

performs final assembly or finishing, directly for another firm

(or subdivision), for articles that were the basis for a

certification of eligibility under subsection (a) of this section

of a group of workers employed by such other firm, if the

certification of eligibility under subsection (a) of this section

is based on an increase in imports from, or a shift in production

to, Canada or Mexico.

(4) Supplier. - The term ''supplier'' means a firm that

produces and supplies directly to another firm (or subdivision)

component parts for articles that were the basis for a

certification of eligibility under subsection (a) of this section

of a group of workers employed by such other firm.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 222, Jan. 3, 1975, 88 Stat. 2019;

Pub. L. 97-35, title XXV, Sec. 2501, Aug. 13, 1981, 95 Stat. 881;

Pub. L. 98-120, Sec. 3(a), Oct. 12, 1983, 97 Stat. 809; Pub. L.

99-272, title XIII, Sec. 13002(a), Apr. 7, 1986, 100 Stat. 300;

Pub. L. 100-418, title I, Sec. 1421(a)(1)(A), (b)(1), Aug. 23,

1988, 102 Stat. 1242, 1243; Pub. L. 103-182, title V, Sec. 503(a),

Dec. 8, 1993, 107 Stat. 2151; Pub. L. 107-210, div. A, title I,

Sec. 113, Aug. 6, 2002, 116 Stat. 937.)

-REFTEXT-

REFERENCES IN TEXT

The Andean Trade Preference Act, referred to in subsec.

(a)(2)(B)(ii)(II), is title II of Pub. L. 102-182, Dec. 4, 1991,

105 Stat. 1236, as amended, which is classified generally to

chapter 20 (Sec. 3201 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 3201 of this title and Tables.

The African Growth and Opportunity Act, referred to in subsec.

(a)(2)(B)(ii)(II), is title I of Pub. L. 106-200, May 18, 2000, 114

Stat. 252, as amended, which is classified principally to chapter

23 (Sec. 3701 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

3701 of this title and Tables.

The Caribbean Basin Economic Recovery Act, referred to in subsec.

(a)(2)(B)(ii)(II), is title II of Pub. L. 98-67, Aug. 5, 1983, 97

Stat. 384, as amended, which is classified principally to chapter

15 (Sec. 2701 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

2701 of this title and Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-210, Sec. 113(a)(1)(A), inserted

heading and amended text generally. Prior to amendment, text read

as follows: ''The Secretary shall certify a group of workers

(including workers in any agricultural firm or subdivision of an

agricultural firm) as eligible to apply for adjustment assistance

under this subpart if he determines -

''(1) that a significant number or proportion of the workers in

such workers' firm or an appropriate subdivision of the firm have

become totally or partially separated, or are threatened to

become totally or partially separated,

''(2) that sales or production, or both, of such firm or

subdivision have decreased absolutely, and

''(3) that increases of imports of articles like or directly

competitive with articles produced by such workers' firm or an

appropriate subdivision thereof contributed importantly to such

total or partial separation, or threat thereof, and to such

decline in sales or production.''

Subsec. (b). Pub. L. 107-210, Sec. 113(a)(1)(C), added subsec.

(b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 107-210, Sec. 113(b)(1), substituted ''this

section'' for ''subsection (a)(3) of this section'' in introductory

provisions.

Pub. L. 107-210, Sec. 113(a)(1)(B), redesignated subsec. (b) as

(c).

Subsec. (c)(3), (4). Pub. L. 107-210, Sec. 113(b)(2), added pars.

(3) and (4).

1993 - Subsec. (a). Pub. L. 103-182 substituted ''assistance

under this subpart'' for ''assistance under this part''.

1988 - Pub. L. 100-418, Sec. 1421(a)(1)(A), struck out last

sentence which defined ''contributed importantly'' for purposes of

par. (3), designated remaining provisions as subsec. (a), and added

subsec. (b).

Subsec. (a)(3). Pub. L. 100-418, Sec. 1421(b)(1), directed the

general amendment of par. (3) adding provisions relating to

provision of essential goods or services by such workers' firm, or

appropriate subdivision thereof, which amendment did not become

effective pursuant to section 1430(d) of Pub. L. 100-418, as

amended, set out as an Effective Date note under section 2397 of

this title.

1986 - Pub. L. 99-272 inserted ''(including workers in any

agricultural firm or subdivision of an agricultural firm)'' after

''group of workers''.

1983 - Pub. L. 98-120, Sec. 3(a)(2), substituted ''For purposes

of paragraph (3), the term 'contributed importantly' means a cause

which is important, but not necessarily more important than any

other cause'' for ''For purposes of paragraph (3), the term

'substantial cause' means a cause which is important and not less

than any other cause'' in provision following par. (3).

Par. (3). Pub. L. 98-120, Sec. 3(a)(1), substituted ''contributed

importantly to such total or partial separation, or threat thereof,

and to such decline'' for ''were a substantial cause of such total

or partial separation, or threat thereof, and of such decline''.

1981 - Pub. L. 97-35 substituted provisions defining

''substantial cause'' and applicability of such term in par. (3)

for provisions defining ''contributed importantly'' and

applicability of such term in par. (3).

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 section 2271 of this title.

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, set out as a note under section 2271 of this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Section 3(b) of Pub. L. 98-120 provided that: ''The amendments

made by subsection (a) (amending this section) shall apply with

respect to petitions for certification filed under section 221 of

the Trade Act of 1974 (19 U.S.C. 2271) on or after October 1,

1983.''

EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION PROVISIONS

Amendment by Pub. L. 97-35 applicable to petitions filed on or

after Oct. 1, 1983, 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, allowances, or other

payments or benefits may be provided under this part after Sept.

30, 2007, except as otherwise provided, see section 285 of Pub. L.

93-618, as amended, set out as a note preceding section 2271 of

this title.

WORKERS COVERED BY CERTIFICATION NOTWITHSTANDING OTHER LAW

Section 1421(a)(1)(B) of Pub. L. 100-418 provided that:

''Notwithstanding section 223(b) of the Trade Act of 1974 (19

U.S.C. 2273(b)), or any other provision of law, any certification

made under subchapter A of chapter 2 of title II of such Act (this

subpart) which -

''(i) is made with respect to a petition filed before the date

that is 90 days after the date of enactment of this Act (Aug. 23,

1988), and

''(ii) would not have been made if the amendments made by

subparagraph (A) (amending this section) had not been enacted

into law,

shall apply to any worker whose most recent total or partial

separation from the firm, or appropriate subdivision of the firm,

described in section 222(a) of such Act (19 U.S.C. 2272(a)) occurs

after September 30, 1985.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2273, 2296 of this title.

-CITE-

19 USC Sec. 2273 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 2 - Adjustment Assistance for Workers

subpart a - petitions and determinations

-HEAD-

Sec. 2273. Determinations by Secretary of Labor

-STATUTE-

(a) Certification of eligibility

As soon as possible after the date on which a petition is filed

under section 2271 of this title, but in any event not later than

40 days after that date, the Secretary shall determine whether the

petitioning group meets the requirements of section 2272 of this

title and shall issue a certification of eligibility to apply for

assistance under this subpart covering workers in any group which

meets such requirements. Each certification shall specify the date

on which the total or partial separation began or threatened to

begin.

(b) Workers covered by certification

A certification under this section shall not apply to any worker

whose last total or partial separation from the firm or appropriate

subdivision of the firm before his application under section 2291

of this title occurred -

(1) more than one year before the date of the petition on which

such certification was granted, or

(2) more than 6 months before the effective date of this part.

(c) Publication of determination in Federal Register

Upon reaching his determination on a petition, the Secretary

shall promptly publish a summary of the determination in the

Federal Register together with his reasons for making such

determination.

(d) Termination of certification

Whenever the Secretary determines, with respect to any

certification of eligibility of the workers of a firm or

subdivision of the firm, that total or partial separations from

such firm or subdivision are no longer attributable to the

conditions specified in section 2272 of this title, he shall

terminate such certification and promptly have notice of such

termination published in the Federal Register together with his

reasons for making such determination. Such termination shall

apply only with respect to total or partial separations occurring

after the termination date specified by the Secretary.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 223, Jan. 3, 1975, 88 Stat. 2019;

Pub. L. 103-182, title V, Sec. 503(a), Dec. 8, 1993, 107 Stat.

2151; Pub. L. 107-210, div. A, title I, Sec. 112(b), Aug. 6, 2002,

116 Stat. 937.)

-REFTEXT-

REFERENCES IN TEXT

For the effective date of this part, referred to in subsec.

(b)(2), see Effective and Termination Date note set out preceding

section 2271 of this title.

-MISC2-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-210 substituted ''40 days'' for

''60 days''.

1993 - Subsec. (a). Pub. L. 103-182 substituted ''assistance

under this subpart'' for ''assistance under this part''.

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 section 2271 of this title.

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, set out as a note under section 2271 of this title.

TERMINATION DATE

No trade adjustment assistance, vouchers, allowances, or other

payments or benefits may be provided under this part after Sept.

30, 2007, except as otherwise provided, see section 285 of Pub. L.

93-618, as amended, set out as a note preceding section 2271 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2275, 2291, 2318, 2355,

2395 of this title; title 28 sections 1581, 2631, 2636, 2640, 2643.

-CITE-

19 USC Sec. 2274 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 2 - Adjustment Assistance for Workers

subpart a - petitions and determinations

-HEAD-

Sec. 2274. Study by Secretary of Labor when International Trade

Commission begins investigation

-STATUTE-

(a) Subject matter of study

Whenever the International Trade Commission (hereafter referred

to in this part as the ''Commission'') begins an investigation

under section 2252 of this title with respect to an industry, the

Commission shall immediately notify the Secretary of such

investigation, and the Secretary shall immediately begin a study of

-

(1) the number of workers in the domestic industry producing

the like or directly competitive article who have been or are

likely to be certified as eligible for adjustment assistance, and

(2) the extent to which the adjustment of such workers 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) of

this section 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 his report to the

President, the Secretary shall also promptly make it public (with

the exception of information which the Secretary determines to be

confidential) and shall have a summary of it published in the

Federal Register.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 224, Jan. 3, 1975, 88 Stat. 2020;

Pub. L. 97-35, title XXV, Sec. 2513(a), Aug. 13, 1981, 95 Stat.

889; Pub. L. 100-418, title I, Sec. 1401(b)(1)(B), Aug. 23, 1988,

102 Stat. 1239.)

-MISC1-

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''.

1981 - Subsec. (c). Pub. L. 97-35 struck out subsec. (c) which

related to availability of information to workers.

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

(Sec. 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.

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, allowances, or other

payments or benefits may be provided under this part after Sept.

30, 2007, except as otherwise provided, see section 285 of Pub. L.

93-618, as amended, set out as a note preceding section 2271 of

this title.

-CITE-

19 USC Sec. 2275 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 2 - Adjustment Assistance for Workers

subpart a - petitions and determinations

-HEAD-

Sec. 2275. Benefit information for workers

-STATUTE-

(a) The Secretary shall provide full information to workers about

the benefit allowances, training, and other employment services

available under this part and about the petition and application

procedures, and the appropriate filing dates, for such allowances,

training and services. The Secretary shall provide whatever

assistance is necessary to enable groups of workers to prepare

petitions or applications for program benefits. The Secretary

shall make every effort to insure that cooperating State agencies

fully comply with the agreements entered into under section 2311(a)

of this title and shall periodically review such compliance. The

Secretary shall inform the State Board for Vocational Education or

equivalent agency and other public or private agencies,

institutions, and employers, as appropriate, of each certification

issued under section 2273 of this title and of projections, if

available, of the needs for training under section 2296 of this

title as a result of such certification.

(b)(1) The Secretary shall provide written notice through the

mail of the benefits available under this part to each worker whom

the Secretary has reason to believe is covered by a certification

made under this subpart -

(A) at the time such certification is made, if the worker was

partially or totally separated from the adversely affected

employment before such certification, or

(B) at the time of the total or partial separation of the

worker from the adversely affected employment, if subparagraph

(A) does not apply.

(2) The Secretary shall publish notice of the benefits available

under this part to workers covered by each certification made under

this subpart in newspapers of general circulation in the areas in

which such workers reside.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 225, as added Pub. L. 97-35, title

XXV, Sec. 2502, Aug. 13, 1981, 95 Stat. 881; amended Pub. L.

100-418, title I, Sec. 1422, Aug. 23, 1988, 102 Stat. 1244; Pub. L.

103-182, title V, Sec. 503(b), Dec. 8, 1993, 107 Stat. 2151; Pub.

L. 107-210, div. A, title I, Sec. 123(b)(1), Aug. 6, 2002, 116

Stat. 944.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-210 struck out ''or subpart D of

this part'' after ''this subpart'' in pars. (1) and (2).

1993 - Subsec. (b). Pub. L. 103-182 inserted reference to subpart

D in pars. (1) and (2).

1988 - Pub. L. 100-418 designated existing provisions as subsec.

(a) and added subsec. (b).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-210 applicable with respect to petitions

filed under this part on or after the date that is 90 days after

Aug. 6, 2002, except with respect to certain workers, see section

123(c) of Pub. L. 107-210, set out as an Effective Date of Repeal

note under section 2331 of this title.

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, set out as a note under section 2271 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-418 effective on date that is 30 days

after Aug. 23, 1988, see section 1430(e) of Pub. L. 100-418, set

out as an Effective Date note under section 2397 of this title.

EFFECTIVE DATE AND TRANSITION PROVISIONS

Section effective Aug. 13, 1981, with transition provisions

applicable, see section 2514 of Pub. L. 97-35, set out as an

Effective Date of 1981 Amendment note under section 2291 of this

title.

TERMINATION DATE

No trade adjustment assistance, vouchers, allowances, or other

payments or benefits may be provided under this part after Sept.

30, 2007, except as otherwise provided, see section 285 of Pub. L.

93-618, as amended, set out as a note preceding section 2271 of

this title.

-CITE-

19 USC subpart b - program benefits 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 2 - Adjustment Assistance for Workers

subpart b - program benefits

.

-HEAD-

subpart b - program benefits

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 2312, 2401e of this

title.

-CITE-

19 USC Sec. 2291 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 2 - Adjustment Assistance for Workers

subpart b - program benefits

-HEAD-

Sec. 2291. Qualifying requirements for workers

-STATUTE-

(a) Trade readjustment allowance conditions

Payment of a trade readjustment allowance shall be made to an

adversely affected worker covered by a certification under subpart

A of this part who files an application for such allowance for any

week of unemployment which begins more than 60 days after the date

on which the petition that resulted in such certification was filed

under section 2271 of this title, if the following conditions are

met:

(1) Such worker's total or partial separation before his

application under this part occurred -

(A) on or after the date, as specified in the certification

under which he is covered, on which total or partial separation

began or threatened to begin in the adversely affected

employment,

(B) before the expiration of the 2-year period beginning on

the date on which the determination under section 2273 of this

title was made, and

(C) before the termination date (if any) determined pursuant

to section 2273(d) of this title.

(2) Such worker had, in the 52-week period ending with the week

in which such total or partial separation occurred, at least 26

weeks of employment at wages of $30 or more a week in adversely

affected employment with a single firm or subdivision of a firm,

or, if data with respect to weeks of employment with a firm are

not available, equivalent amounts of employment computed under

regulations prescribed by the Secretary. For the purposes of this

paragraph, any week in which such worker -

(A) is on employer-authorized leave for purposes of vacation,

sickness, injury, maternity, or inactive duty or active duty

military service for training,

(B) does not work because of a disability that is compensable

under a workmen's compensation law or plan of a State or the

United States,

(C) had his employment interrupted in order to serve as a

full-time representative of a labor organization in such firm

or subdivision, or

(D) is on call-up for purposes of active duty in a reserve

status in the Armed Forces of the United States, provided such

active duty is ''Federal service'' as defined in section

8521(a)(1) of title 5,

shall be treated as a week of employment at wages of $30 or more,

but not more than 7 weeks, in case of weeks described in

subparagraph (A) or (C), or both (and not more than 26 weeks, in

the case of weeks described in subparagraph (B) or (D)), may be

treated as weeks of employment under this sentence.

(3) Such worker -

(A) was entitled to (or would be entitled to if he applied

therefor) unemployment insurance for a week within the benefit

period (i) in which such total or partial separation took

place, or (ii) which began (or would have begun) by reason of

the filing of a claim for unemployment insurance by such worker

after such total or partial separation;

(B) has exhausted all rights to any unemployment insurance,

except additional compensation that is funded by a State and is

not reimbursed from any Federal funds, to which he was entitled

(or would be entitled if he applied therefor); and

(C) does not have an unexpired waiting period applicable to

him for any such unemployment insurance.

(4) Such worker, with respect to such week of unemployment,

would not be disqualified for extended compensation payable under

the Federal-State Extended Unemployment Compensation Act of 1970

by reason of the work acceptance and job search requirements in

section 202(a)(3) of such Act.

(5) Such worker -

(A)(i) is enrolled in a training program approved by the

Secretary under section 2296(a) of this title, and

(ii) the enrollment required under clause (i) occurs no later

than the latest of -

(I) the last day of the 16th week after the worker's most

recent total separation from adversely affected employment

which meets the requirements of paragraphs (1) and (2),

(II) the last day of the 8th week after the week in which

the Secretary issues a certification covering the worker,

(III) 45 days after the later of the dates specified in

subclause (I) or (II), if the Secretary determines there are

extenuating circumstances that justify an extension in the

enrollment period, or

(IV) the last day of a period determined by the Secretary

to be approved for enrollment after the termination of a

waiver issued pursuant to subsection (c) of this section,

(B) has, after the date on which the worker became totally

separated, or partially separated, from the adversely affected

employment, completed a training program approved by the

Secretary under section 2296(a) of this title, or

(C) has received a written statement under subsection (c)(1)

of this section after the date described in subparagraph (B).

(b) Withholding of trade readjustment allowance pending beginning

or resumption of participation in training program; period of

applicability

(1) If -

(A) the Secretary determines that -

(i) the adversely affected worker -

(I) has failed to begin participation in the training

program the enrollment in which meets the requirement of

subsection (a)(5) of this section, or

(II) has ceased to participate in such training program

before completing such training program, and

(ii) there is no justifiable cause for such failure or

cessation, or

(B) the certification made with respect to such worker under

subsection (c)(1) of this section is revoked under subsection

(c)(2) of this section,

no trade readjustment allowance may be paid to the adversely

affected worker under sections 2291 to 2294 of this title for the

week in which such failure, cessation, or revocation occurred, or

any succeeding week, until the adversely affected worker begins or

resumes participation in a training program approved under section

2296(a) of this title.

(2) The provisions of subsection (a)(5) of this section and

paragraph (1) shall not apply with respect to any week of

unemployment which begins -

(A) after the date that is 60 days after the date on which the

petition that results in the certification that covers the worker

is filed under section 2271 of this title, and

(B) before the first week following the week in which such

certification is made under subpart A of this part.

(c) Waivers of training requirements

(1) Issuance of waivers

The Secretary may issue a written statement to an adversely

affected worker waiving the requirement to be enrolled in

training described in subsection (a)(5)(A) of this section if the

Secretary determines that it is not feasible or appropriate for

the worker, because of 1 or more of the following reasons:

(A) Recall

The worker has been notified that the worker will be recalled

by the firm from which the separation occurred.

(B) Marketable skills

The worker possesses marketable skills for suitable

employment (as determined pursuant to an assessment of the

worker, which may include the profiling system under section

303(j) of the Social Security Act (42 U.S.C. 503(j)), carried

out in accordance with guidelines issued by the Secretary) and

there is a reasonable expectation of employment at equivalent

wages in the foreseeable future.

(C) Retirement

The worker is within 2 years of meeting all requirements for

entitlement to either -

(i) old-age insurance benefits under title II of the Social

Security Act (42 U.S.C. 401 et seq.) (except for application

therefor); or

(ii) a private pension sponsored by an employer or labor

organization.

(D) Health

The worker is unable to participate in training due to the

health of the worker, except that a waiver under this

subparagraph shall not be construed to exempt a worker from

requirements relating to the availability for work, active

search for work, or refusal to accept work under Federal or

State unemployment compensation laws.

(E) Enrollment unavailable

The first available enrollment date for the approved training

of the worker is within 60 days after the date of the

determination made under this paragraph, or, if later, there

are extenuating circumstances for the delay in enrollment, as

determined pursuant to guidelines issued by the Secretary.

(F) Training not available

Training approved by the Secretary is not reasonably

available to the worker from either governmental agencies or

private sources (which may include area vocational education

schools, as defined in section 2302 (FOOTNOTE 1) of title 20,

and employers), no training that is suitable for the worker is

available at a reasonable cost, or no training funds are

available.

(FOOTNOTE 1) See References in Text note below.

(2) Duration of waivers

(A) In general

A waiver issued under paragraph (1) shall be effective for

not more than 6 months after the date on which the waiver is

issued, unless the Secretary determines otherwise.

(B) Revocation

The Secretary shall revoke a waiver issued under paragraph

(1) if the Secretary determines that the basis of a waiver is

no longer applicable to the worker and shall notify the worker

in writing of the revocation.

(3) Agreements under section 2311

(A) Issuance by cooperating States

Pursuant to an agreement under section 2311 of this title,

the Secretary may authorize a cooperating State to issue

waivers as described in paragraph (1).

(B) Submission of statements

An agreement under section 2311 of this title shall include a

requirement that the cooperating State submit to the Secretary

the written statements provided under paragraph (1) and a

statement of the reasons for the waiver.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 231, Jan. 3, 1975, 88 Stat. 2020;

Pub. L. 97-35, title XXV, Sec. 2503, Aug. 13, 1981, 95 Stat. 881;

Pub. L. 99-272, title XIII, Sec. 13003(a)(1), (2), (b), Apr. 7,

1986, 100 Stat. 300, 301; Pub. L. 100-418, title I, Sec.

1423(a)(1)-(3), Aug. 23, 1988, 102 Stat. 1244, 1245; Pub. L.

102-318, title I, Sec. 106(a), July 3, 1992, 106 Stat. 294; Pub. L.

107-210, div. A, title I, Sec. 114, 115, Aug. 6, 2002, 116 Stat.

939.)

-REFTEXT-

REFERENCES IN TEXT

The Federal-State Extended Unemployment Compensation Act of 1970,

referred to in subsec. (a)(4), is title II of Pub. L. 91-373, Aug.

10, 1970, 84 Stat. 708, as amended, which is classified generally

as a note under section 3304 of Title 26, Internal Revenue Code.

Section 202(a)(3) of such Act, referred to in subsec. (a)(4), is

set out in the note under section 3304 of Title 26. For complete

classification of this Act to the Code, see Tables.

The Social Security Act, referred to in subsec. (c)(1)(C)(i), is

act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of

the Act is classified generally to subchapter II (Sec. 401 et seq.)

of chapter 7 of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see section 1305

of Title 42 and Tables.

Section 2302 of title 20, referred to in subsec. (c)(1)(F),

defines the term ''area vocational and technical education school''

but not the term ''area vocational education school''.

-MISC2-

AMENDMENTS

2002 - Subsec. (a)(3)(B). Pub. L. 107-210, Sec. 114(a), inserted

'', except additional compensation that is funded by a State and is

not reimbursed from any Federal funds,'' after ''any unemployment

insurance''.

Subsec. (a)(5)(A). Pub. L. 107-210, Sec. 114(b), designated

existing provisions as cl. (i) and added cl. (ii).

Subsec. (a)(5)(C). Pub. L. 107-210, Sec. 115(b), struck out

''certified'' after ''statement''.

Subsec. (c). Pub. L. 107-210, Sec. 115(a), inserted heading and

amended text generally, substituting provisions relating to

issuance and duration of waivers of training requirements for

provisions relating to approval of training programs, written

certifications, revocation, and reports.

1992 - Subsec. (a)(2). Pub. L. 102-318 added subpar. (D) and

substituted ''subparagraph (A) or (C), or both (and not more than

26 weeks, in the case of weeks described in subparagraph (B) or

(D))'' for ''paragraph (A) or (C), or both'' in closing provisions.

1988 - Subsec. (a)(5). Pub. L. 100-418, Sec. 1423(a)(1), amended

par. (5) generally. Prior to amendment, par. (5) read as follows:

''Such worker, unless the Secretary has determined that no

acceptable job search program is reasonably available -

''(A) is enrolled in a job search program approved by the

Secretary under section 2297(c) of this title, or

''(B) has, after the date on which the worker became totally

separated, or partially separated, from the adversely affected

employment, completed a job search program approved by the

Secretary under section 2297(c) of this title.''

Subsec. (b). Pub. L. 100-418, Sec. 1423(a)(2), amended subsec.

(b) generally, substituting provisions relating to withholding of

trade readjustment allowance pending beginning or resumption of

participation in training program, and period of applicability, for

provisions relating to mandatory training or job-search.

Subsec. (c). Pub. L. 100-418, Sec. 1423(a)(3), amended subsec.

(c) generally, substituting provisions relating to approval of

training programs, written certifications, revocation of

certification, and annual report, for provisions relating to

withholding of trade readjustment allowance pending beginning or

resumption of participation in job search program.

1986 - Subsec. (a)(2). Pub. L. 99-272, Sec. 13003(b), substituted

provisions restricting to no more than 7 the number of weeks to be

treated as weeks of employment under this sentence for provisions

designated as clauses (i) to (iii), limiting the weeks that may be

treated as weeks of employment to 3, 7, and 7, respectively, under

certain conditions.

Subsec. (a)(5). Pub. L. 99-272, Sec. 13003(a)(1), added par. (5).

Subsec. (c). Pub. L. 99-272, Sec. 13003(a)(2), added subsec. (c).

1981 - Pub. L. 97-35 designated existing provisions as subsec.

(a), substituted provisions respecting applicability of date upon

which petition was filed for provisions respecting applicability of

date specified in certification under section 2273(a) of this

title, substantially revised and reorganized conditions by, among

other changes, adding pars. (3) and (4), and added subsec. (b).

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 section 2271 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 106(b) of Pub. L. 102-318 provided that: ''The amendments

made by subsection (a) (amending this section) shall apply to weeks

beginning after August 1, 1990.''

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-418 effective on date that is 90 days

after Aug. 23, 1988, see section 1430(f) of Pub. L. 100-418, set

out as an Effective Date note under section 2397 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT; APPLICATION OF GRAMM-RUDMAN

Section 13009 of Pub. L. 99-272 provided that:

''(a) In General. - Except as provided in subsections (b) and

(c), the amendments made by this part (part 1 (Sec. 13001-13009) of

subtitle A, amending this section, sections 2271, 2272, 2292, 2293,

2296, 2297, 2311, 2317, 2319, 2341 to 2344, and 2346 of this title,

and provisions set out as a note preceding section 2271 of this

title) shall take effect on the date of the enactment of this Act

(Apr. 7, 1986).

''(b) Job Search Program Requirements. - The amendments made by

section 13003(a) (amending this section and section 2311 of this

title) apply with respect to workers covered by petitions filed

under section 221 of the Trade Act of 1974 (section 2271 of this

title) on or after the date of the enactment of this Act (Apr. 7,

1986).

''(c) Extension and Authorization. - Chapters 2 and 3 of title II

of the Trade Act of 1974 (19 U.S.C. 2271, et seq.) (parts 2 and 3

of this subchapter) shall be applied as if the amendments made by

sections 13007 and 13008 (amending sections 2317 and 2346 of this

title and provisions set out as a note preceding section 2271 of

this title) had taken effect on December 18, 1985.

''(d) Application of Gramm-Rudman. - Trade readjustment

allowances payable under part I (of subchapter B) of chapter 2 of

title II of the Trade Act of 1974 (sections 2291 to 2294 of this

title) for the period from March 1, 1986, and until October 1,

1986, shall be reduced by a percentage equal to the non-defense

sequester percentage applied in the Sequestration Report (submitted

under the Balanced Budget and Emergency Deficit Control Act of 1985

(see Short Title note set out under section 901 of Title 2, The

Congress) and dated January 21, 1986) of the Comptroller General of

the United States for fiscal year 1986.''

EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION PROVISIONS

Section 2514 of Pub. L. 97-35, as amended by Pub. L. 97-362,

title II, Sec. 204, Oct. 24, 1982, 96 Stat. 1733, provided that:

''(a)(1) Except as provided in paragraph (2), this subtitle

(enacting section 2275 of this title, amending this section and

sections 2272, 2274, 2292, 2293, 2296, 2297, 2298, 2311, 2313,

2315, 2317, and 2319 of this title, repealing section 2318 of this

title, enacting provisions set out as a note under section 2292 of

this title, and amending provisions set out as a note preceding

section 2271 of this title and under section 3304 of Title 26,

Internal Revenue Code) shall take effect on the date of the

enactment of this Act (Aug. 13, 1981).

''(2)(A) The amendments made by section 2501 (amending section

2272 of this title) shall apply with respect to all petitions for

certification filed under section 221 of the Trade Act of 1974

(section 2271 of this title) on or after October 1, 1983.

''(B) The amendments made by sections 2503, 2504, 2505, and 2511

(amending this section, sections 2292, 2293, and 2319 of this

title, and provisions set out as a note under section 3304 of Title

26, Internal Revenue Code) shall apply with respect to trade

readjustment allowances payable for weeks of unemployment which

begin after September 30, 1981.

''(C) The amendments made by sections 2506, 2507, and 2508

(amending sections 2296, 2297, and 2298 of this title) shall take

effect with respect to determinations regarding training and

applications for allowances under sections 236, 237, and 238 of the

Trade Act of 1974 (sections 2296, 2297, and 2298 of this title)

that are made or filed after September 30, 1981.

''(D)(i) Except as otherwise provided in clause (ii), the

provisions of sections 233(d) and 236(a)(2) of the Trade Act of

1974 (as amended by this Act) (sections 2293(d) and 2296(a)(2) of

this title), and the provisions of section 204(a)(2)(C) of the

Federal-State Extended Unemployment Compensation Act of 1970 (as

added by this Act) (set out as a note under section 3304 of Title

26) shall apply to State unemployment compensation laws for

purposes of certifications under section 3304(c) of the Internal

Revenue Code of 1954 (section 3304(c) of Title 26) on October 31,

of any taxable year after 1981.

''(ii) In the case of any State the legislature of which -

''(I) does not meet in a session which begins after the date of

the enactment of this Act (Aug. 13, 1981) and prior to September

1, 1982, and

''(II) if in session on the date of the enactment of this Act,

does not remain in session for a period of at least 25 calendar

days,

the date '1981' in clause (i) shall be deemed to be '1982'.

''(b) An adversely affected worker who is receiving or is

entitled to receive payments of trade readjustment allowances under

chapter 2 of the Trade Act of 1974 (this part) for weeks of

unemployment beginning before October 1, 1981, shall be entitled to

receive -

''(1) with respect to weeks of unemployment beginning before

October 1, 1981, payments of trade readjustment allowances

determined under such chapter 2 without regard to the amendments

made by this subtitle; and

''(2) with respect to weeks of unemployment beginning after

September 30, 1981, payments of trade readjustment allowances as

determined under such chapter 2 as amended by this subtitle,

except that the maximum amount of trade readjustment allowances

payable to such an individual for such weeks of unemployment

shall be an amount equal to the product of the trade readjustment

allowance payable to the individual for a week of total

unemployment (as determined under section 232(a) as so amended

(section 2292(a) of this title)) multiplied by a factor

determined by subtracting from fifty-two the sum of -

''(A) the number of weeks preceding the first week which

begins after September 30, 1981, and which are within the

period covered by the same certification under such chapter 2

as such week of unemployment, for which the individual was

entitled to a trade readjustment allowance or unemployment

insurance, or would have been entitled to such allowance or

unemployment insurance if he had applied therefor, and

''(B) the number of weeks preceding such first week that are

deductible under section 232(d) (as in effect before the

amendments made by section 2504) (section 2392(d) of this

title);

except that the amount of trade readjustment allowances payable

to an adversely affected worker under this paragraph shall be

subject to adjustment on a week-to-week basis as may be required

by section 232(b) (section 2392(b) of this title).''

TERMINATION DATE

No trade adjustment assistance, vouchers, allowances, or other

payments or benefits may be provided under this part after Sept.

30, 2007, except as otherwise provided, see section 285 of Pub. L.

93-618, as amended, set out as a note preceding section 2271 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2273, 2292, 2293, 2297,

2298, 2311, 2396 of this title; title 26 sections 35, 62.

-CITE-

19 USC Sec. 2292 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 2 - Adjustment Assistance for Workers

subpart b - program benefits

-HEAD-

Sec. 2292. Weekly amounts of readjustment allowance

-STATUTE-

(a) Formula

Subject to subsections (b) and (c) of this section, the trade

readjustment allowance payable to an adversely affected worker for

a week of total unemployment shall be an amount equal to the most

recent weekly benefit amount of the unemployment insurance payable

to the worker for a week of total unemployment preceding the

worker's first exhaustion of unemployment insurance (as determined

for purposes of section 2291(a)(3)(B) of this title) reduced (but

not below zero) by -

(1) any training allowance deductible under subsection (c) of

this section; and

(2) income that is deductible from unemployment insurance under

the disqualifying income provisions of the applicable State law

or Federal unemployment insurance law.

(b) Adversely affected workers who are undergoing training

Any adversely affected worker who is entitled to trade

readjustment allowances and who is undergoing training approved by

the Secretary shall receive for each week in which he is undergoing

any such training, a trade readjustment allowance in an amount

(computed for such week) equal to the amount computed under

subsection (a) of this section or (if greater) the amount of any

weekly allowance for such training to which he would be entitled

under any other Federal law for the training of workers, if he

applied for such allowance. Such trade readjustment allowance

shall be paid in lieu of any training allowance to which the worker

would be entitled under such other Federal law.

(c) Deduction from total number of weeks of allowance entitlement

If a training allowance under any Federal law other than this

chapter is paid to an adversely affected worker for any week of

unemployment with respect to which he would be entitled (determined

without regard to any disqualification under section 2291(b) of

this title) to a trade readjustment allowance if he applied for

such allowance, each such week shall be deducted from the total

number of weeks of trade readjustment allowance otherwise payable

to him under section 2293(a) of this title when he applies for a

trade readjustment allowance and is determined to be entitled to

such allowance. If such training allowance paid to such worker for

any week of unemployment is less than the amount of the trade

readjustment allowance to which he would be entitled if he applied

for such allowance, he shall receive, when he applies for a trade

readjustment allowance and is determined to be entitled to such

allowance, a trade readjustment allowance for such week equal to

such difference.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 232, Jan. 3, 1975, 88 Stat. 2021;

Pub. L. 97-35, title XXV, Sec. 2504(a), Aug. 13, 1981, 95 Stat.

883; Pub. L. 99-272, title XIII, Sec. 13003(c), Apr. 7, 1986, 100

Stat. 301; Pub. L. 100-418, title I, Sec. 1423(b), Aug. 23, 1988,

102 Stat. 1246.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (c), was in the original

''this Act'', meaning Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978,

as amended, which is classified principally to this chapter. For

complete classification of this Act to the Code, see References in

Text note set out under section 2101 of this title and Tables.

-MISC2-

AMENDMENTS

1988 - Subsec. (b). Pub. L. 100-418, Sec. 1423(b)(1), struck out

'', including on-the-job training,'' after ''approved by the

Secretary''.

Subsec. (c). Pub. L. 100-418, Sec. 1423(b)(2), substituted

''under section 2291(b)'' for ''under section 2291(c) or 2296(c)''.

1986 - Subsec. (c). Pub. L. 99-272 substituted ''under any

Federal law other than this chapter'' for ''under any Federal

law,'', ''section 2291(c) or 2296(c) of this title'' for ''section

2296(c) of this title'', and ''If such training allowance'' for

''If the training allowance''.

1981 - Subsec. (a). Pub. L. 97-35, Sec. 2504(a)(1), substituted

provisions setting forth amount of allowance as reduced (but not

below zero) by training allowance and income deductions for

provisions setting forth amount of allowance as computed by

specified percentages of wages and reduced by paid remuneration.

Subsecs. (c), (d). Pub. L. 97-35, Sec. 2504(a)(2)-(4),

redesignated subsec. (d) as (c) and struck out references to

unemployment insurance and to the inapplicability of former

subsecs. (c) and (e) of this section. Former subsec. (c), which

related to the computation of unemployment insurance, was struck

out.

Subsec. (e). Pub. L. 97-35, Sec. 2504(a)(2), struck out subsec.

(e) which related to maximum total for all remuneration and

allowances.

Subsec. (f). Pub. L. 97-35, Sec. 2504(a)(2), struck out subsec.

(f) which authorized rounding off to whole dollar amounts.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by section 1423(b)(1) effective Aug. 23, 1988, and

amendment by section 1423(b)(2) of Pub. L. 100-418 effective on the

date that is 90 days after Aug. 23, 1988, see section 1430(a), (f)

of Pub. L. 100-418, set out as an Effective Date note under section

2397 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION PROVISIONS

Amendment by Pub. L. 97-35 applicable to allowances payable for

weeks of unemployment which begin after Sept. 30, 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, allowances, or other

payments or benefits may be provided under this part after Sept.

30, 2007, except as otherwise provided, see section 285 of Pub. L.

93-618, as amended, set out as a note preceding section 2271 of

this title.

REFERENCE TO SUBSECTION (D) DEEMED REFERENCE TO (C)

Section 2504(b) of Pub. L. 97-35 provided that: ''Any reference

in any law to subsection (d) of section 232 of the Trade Act of

1974 (subsec. (d) of this section) shall be considered a reference

to subsection (c) thereof (subsec. (c) of this section).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2291, 2293, 2311, 2396 of

this title; title 26 section 62.

-CITE-

19 USC Sec. 2293 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 2 - Adjustment Assistance for Workers

subpart b - program benefits

-HEAD-

Sec. 2293. Limitations on trade readjustment allowances

-STATUTE-

(a) Maximum allowance; deduction for unemployment insurance;

additional payments for approved training periods

(1) The maximum amount of trade readjustment allowances payable

with respect to the period covered by any certification to an

adversely affected worker shall be the amount which is the product

of 52 multiplied by the trade readjustment allowance payable to the

worker for a week of total unemployment (as determined under

section 2292(a) of this title), but such product shall be reduced

by the total sum of the unemployment insurance to which the worker

was entitled (or would have been entitled if he had applied

therefor) in the worker's first benefit period described in section

2291(a)(3)(A) of this title.

(2) A trade readjustment allowance shall not be paid for any week

occurring after the close of the 104-week period (or, in the case

of an adversely affected worker who requires a program of remedial

education (as described in section 2296(a)(5)(D) of this title) in

order to complete training approved for the worker under section

2296 of this title, the 130-week period) that begins with the first

week following the week in which the adversely affected worker was

most recently totally separated from adversely affected employment

-

(A) within the period which is described in section 2291(a)(1)

of this title, and

(B) with respect to which the worker meets the requirements of

section 2291(a)(2) of this title.

(3) Notwithstanding paragraph (1), in order to assist the

adversely affected worker to complete training approved for him

under section 2296 of this title, and in accordance with

regulations prescribed by the Secretary, payments may be made as

trade readjustment allowances for up to 52 additional weeks in the

52-week period that -

(A) follows the last week of entitlement to trade readjustment

allowances otherwise payable under this part; or

(B) begins with the first week of such training, if such

training begins after the last week described in subparagraph

(A).

Payments for such additional weeks may be made only for weeks in

such 52-week period during which the individual is participating in

such training.

(b) Limitations on additional payments for training periods

A trade readjustment allowance may not be paid for an additional

week specified in subsection (a)(3) of this section if the

adversely affected worker who would receive such allowance did not

make a bona fide application to a training program approved by the

Secretary under section 2296 of this title within 210 days after

the date of the worker's first certification of eligibility to

apply for adjustment assistance issued by the Secretary, or, if

later, within 210 days after the date of the worker's total or

partial separation referred to in section 2291(a)(1) of this title.

(c) Adjustments of amounts payable

Amounts payable to an adversely affected worker under sections

2291 to 2294 of this title shall be subject to such adjustment on a

week-to-week basis as may be required by section 2292(b) of this

title.

(d) Special adjustments for benefit years ending with extended

benefit periods

Notwithstanding any other provision of this chapter or other

Federal law, if the benefit year of a worker ends within an

extended benefit period, the number of weeks of extended benefits

that such worker would, but for this subsection, be entitled to in

that extended benefit period shall be reduced (but not below zero)

by the number of weeks for which the worker was entitled, during

such benefit year, to trade readjustment allowances under sections

2291 to 2294 of this title. For purposes of this paragraph, the

terms ''benefit year'' and ''extended benefit period'' shall have

the same respective meanings given to them in the Federal-State

Extended Unemployment Compensation Act of 1970.

(e) Week during which worker received on-the-job training

No trade readjustment allowance shall be paid to a worker under

sections 2291 to 2294 of this title for any week during which the

worker is receiving on-the-job training.

(f) Workers treated as participating in training

For purposes of this part, a worker shall be treated as

participating in training during any week which is part of a break

in training that does not exceed 30 days if -

(1) the worker was participating in a training program approved

under section 2296(a) of this title before the beginning of such

break in training, and

(2) the break is provided under such training program.

(g) Additional weeks to complete training

Notwithstanding any other provision of this section, in order to

assist an adversely affected worker to complete training approved

for the worker under section 2296 of this title which includes a

program of remedial education (as described in section

2296(a)(5)(D) of this title), and in accordance with regulations

prescribed by the Secretary, payments may be made as trade

readjustment allowances for up to 26 additional weeks in the

26-week period that follows the last week of entitlement to trade

readjustment allowances otherwise payable under this part.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 233, Jan. 3, 1975, 88 Stat. 2022;

Pub. L. 97-35, title XXV, Sec. 2505(a), Aug. 13, 1981, 95 Stat.

883; Pub. L. 98-369, div. B, title VI, Sec. 2671, July 18, 1984,

98 Stat. 1172; Pub. L. 99-272, title XIII, Sec. 13003(d), Apr. 7,

1986, 100 Stat. 301; Pub. L. 100-418, title I, Sec. 1423(c),

1425(a), Aug. 23, 1988, 102 Stat. 1246, 1250; Pub. L. 106-36, title

I, Sec. 1001(a)(1), June 25, 1999, 113 Stat. 130; Pub. L. 107-210,

div. A, title I, Sec. 116, Aug. 6, 2002, 116 Stat. 941.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (d), was in the original

''this Act'', meaning Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978,

as amended, which is classified principally to this chapter. For

complete classification of this Act to the Code, see References in

Text note set out under section 2101 of this title and Tables.

The Federal-State Extended Unemployment Compensation Act of 1970,

referred to in subsec. (d), is title II of Pub. L. 91-373, Aug. 10,

1970, 84 Stat. 708, as amended, which is classified generally as a

note under section 3304 of Title 26, Internal Revenue Code. For

complete classification of this Act to the Code, see Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (a)(2). Pub. L. 107-210, Sec. 116(a)(1), in

introductory provisions inserted ''(or, in the case of an adversely

affected worker who requires a program of remedial education (as

described in section 2296(a)(5)(D) of this title) in order to

complete training approved for the worker under section 2296 of

this title, the 130-week period)'' after ''104-week period''.

Subsec. (a)(3). Pub. L. 107-210, Sec. 116(a)(2), substituted

''52'' for ''26'' wherever appearing.

Subsec. (f). Pub. L. 107-210, Sec. 116(b), substituted ''30

days'' for ''14 days'' in introductory provisions.

Subsec. (g). Pub. L. 107-210, Sec. 116(c), added subsec. (g).

1999 - Subsec. (a)(2). Pub. L. 106-36 realigned margins of

introductory provisions and subpars. (A) and (B).

1988 - Subsec. (a)(2). Pub. L. 100-418, Sec. 1425(a), amended

par. (2) generally. Prior to amendment, par. (2) read as follows:

''A trade readjustment allowance shall not be paid for any week

after the 104-week period beginning with the first week following

the first week in the period covered by the certification with

respect to which the worker has exhausted (as determined for

purposes of section 2291(a)(3)(B) of this title) all rights to that

part of his unemployment insurance that is regular compensation.''

Subsec. (a)(3). Pub. L. 100-418, Sec. 1423(c)(2), substituted

''participating in such training'' for ''engaged in such training

and has not been determined under section 2296(c) of this title to

be failing to make satisfactory progress in the training'' in last

sentence.

Subsec. (a)(3)(B). Pub. L. 100-418, Sec. 1423(c)(1), substituted

''begins'' for ''is approved'' after ''training''.

Subsec. (f). Pub. L. 100-418, Sec. 1423(c)(3), added subsec. (f).

1986 - Subsec. (a)(2). Pub. L. 99-272, Sec. 13003(d)(1),

substituted ''104-week period'' for ''52-week period''.

Subsec. (e). Pub. L. 99-272, Sec. 13003(d)(2), added subsec. (e).

1984 - Subsec. (a)(3). Pub. L. 98-369 substituted

''Notwithstanding paragraph (1), in order to assist the adversely

affected worker to complete training approved for him under section

2296 of this title, and in accordance with regulations prescribed

by the Secretary, payments may be made as trade readjustment

allowances for up to 26 additional weeks in the 26-week period that

-

''(A) follows the last week of entitlement to trade

readjustment allowances otherwise payable under this part; or

''(B) begins with the first week of such training, if such

training is approved after the last week described in

subparagraph (A).''

for ''Notwithstanding paragraph (1), in accordance with regulations

prescribed by the Secretary, payments may be made as trade

readjustment allowances for up to 26 additional weeks in the

26-week period following the last week of entitlement to trade

readjustment allowances otherwise payable under this part in order

to assist the adversely affected worker to complete training

approved for the worker under section 2296 of this title.''

1981 - Subsec. (a). Pub. L. 97-35 substituted provisions relating

to maximum amount of allowance payable for provisions relating to

time limitations on allowance payable.

Subsec. (b). Pub. L. 97-35 substituted provisions relating to

payment for an additional week for provisions relating to payment

for an additional week after the appropriate week and provisions

determining the appropriate week.

Subsecs. (c), (d). Pub. L. 97-35 added subsecs. (c) and (d).

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 section 2271 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by section 1423(c)(2) of Pub. L. 100-418 effective on

date that is 90 days after Aug. 23, 1988, and amendment by section

1425(a) of Pub. L. 100-418 effective Aug. 23, 1988, but not

applicable with respect to any total separation of a worker from

adversely affected employment (within the meaning of section 2319

of this title) that occurs before Aug. 23, 1988, if the application

of such amendment with respect to such total separation would

reduce the period for which such worker would (but for such

amendment) be allowed to receive trade readjustment allowances

under sections 2291 to 2294 of this title, see section 1430(a),

(f), (g) of Pub. L. 100-418, set out as an Effective Date note

under section 2397 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION PROVISIONS

Amendment by Pub. L. 97-35 applicable to allowances payable for

weeks of unemployment which begin after Sept. 30, 1981, with

transition provisions applicable, and with the amendment of subsec.

(d) of this section applicable, except as otherwise provided, to

laws for certification purposes under section 3304(c) of title 26

on Oct. 31, of any taxable year after 1981, 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, allowances, or other

payments or benefits may be provided under this part after Sept.

30, 2007, except as otherwise provided, see section 285 of Pub. L.

93-618, as amended, set out as a note preceding section 2271 of

this title.

WAIVER OF CERTAIN TIME LIMITATIONS

Section 1425(b) of Pub. L. 100-418 provided that:

''(1) The provisions of subsections (a)(2) and (b) of section 233

of the Trade Act of 1974 (19 U.S.C. 2293(a)(2), (b)) shall not

apply with respect to any worker who became totally separated from

adversely affected employment (within the meaning of section 247 of

such Act (19 U.S.C. 2319)) during the period that began on August

13, 1981, and ended on April 7, 1986.

''(2)(A) Any worker who is otherwise eligible for payment of a

trade readjustment allowance under part I of subchapter B of

chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2291 to

2294) by reason of paragraph (1) of this subsection may receive

payments of such allowance only if such worker -

''(i) is enrolled in a training program approved by the

Secretary under section 236(a) of such Act (19 U.S.C. 2296(a)),

and

''(ii) has been unemployed continuously since the date on which

the worker became totally separated from the adversely affected

employment, not taking into account seasonal employment, odd

jobs, or part-time, temporary employment.

''(B) If the Secretary of Labor determines that -

''(i) a worker -

''(I) has failed to begin participation in the training

program the enrollment in which meets the requirement of

subparagraph (A), or

''(II) has ceased to participate in such training program

before completing such training program, and

''(ii) there is no justifiable cause for such failure or

cessation,

no trade readjustment allowance may be paid to the worker under

part I of subchapter B of chapter 2 of title II of the Trade Act of

1974 for the week in which such failure or cessation occurred, or

any succeeding week, until the worker begins or resumes

participation in a training program approved under section 236(a)

of such Act.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2291, 2292, 2311, 2396 of

this title.

-CITE-

19 USC Sec. 2294 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 2 - Adjustment Assistance for Workers

subpart b - program benefits

-HEAD-

Sec. 2294. Application of State laws

-STATUTE-

Except where inconsistent with the provisions of this part and

subject to such regulations as the Secretary may prescribe, the

availability and disqualification provisions of the State law -

(1) under which an adversely affected worker is entitled to

unemployment insurance (whether or not he has filed a claim for

such insurance), or

(2) if he is not so entitled to unemployment insurance, of the

State in which he was totally or partially separated,

shall apply to any such worker who files a claim for trade

readjustment allowances. The State law so determined with respect

to a separation of a worker shall remain applicable, for purposes

of the preceding sentence, with respect to such separation until

such worker becomes entitled to unemployment insurance under

another State law (whether or not he has filed a claim for such

insurance).

-SOURCE-

(Pub. L. 93-618, title II, Sec. 234, Jan. 3, 1975, 88 Stat. 2022.)

-MISC1-

TERMINATION DATE

No trade adjustment assistance, vouchers, allowances, or other

payments or benefits may be provided under this part after Sept.

30, 2007, except as otherwise provided, see section 285 of Pub. L.

93-618, as amended, set out as a note preceding section 2271 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2291, 2293, 2311, 2396 of

this title.

-CITE-

19 USC Sec. 2295 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 2 - Adjustment Assistance for Workers

subpart b - program benefits

-HEAD-

Sec. 2295. Employment services

-STATUTE-

The Secretary shall make every reasonable effort to secure for

adversely affected workers covered by a certification under subpart

A of this part counseling, testing, and placement services, and

supportive and other services, provided for under any other Federal

law, including the services provided through one-stop delivery

systems described in section 2864(c) of title 29. The Secretary

shall, whenever appropriate, procure such services through

agreements with the States.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 235, Jan. 3, 1975, 88 Stat. 2023;

Pub. L. 100-418, title I, Sec. 1424(d)(1)(A), Aug. 23, 1988, 102

Stat. 1249; Pub. L. 107-210, div. A, title I, Sec. 119, Aug. 6,

2002, 116 Stat. 942.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-210 inserted '', including the services

provided through one-stop delivery systems described in section

2864(c) of title 29'' before period at end of first sentence.

1988 - Pub. L. 100-418 substituted ''the States'' for

''cooperating State agencies''.

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 section 2271 of this title.

TERMINATION DATE

No trade adjustment assistance, vouchers, allowances, or other

payments or benefits may be provided under this part after Sept.

30, 2007, except as otherwise provided, see section 285 of Pub. L.

93-618, as amended, set out as a note preceding section 2271 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2311, 2317, 2401e of this

title.

-CITE-

19 USC Sec. 2296 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 2 - Adjustment Assistance for Workers

subpart b - program benefits

-HEAD-

Sec. 2296. Training

-STATUTE-

(a) Approval of training; limitation on expenditures; reasonable

expectation of employment; payment of costs; approved training

programs; nonduplication of payments from other sources;

disapproval of certain programs; exhaustion of unemployment

benefits; promulgation of regulations

(1) If the Secretary determines that -

(A) there is no suitable employment (which may include

technical and professional employment) available for an adversely

affected worker,

(B) the worker would benefit from appropriate training,

(C) there is a reasonable expectation of employment following

completion of such training,

(D) training approved by the Secretary is reasonably available

to the worker from either governmental agencies or private

sources (which may include area vocational education schools, as

defined in section 195(2) of the Vocational Education Act of

1963, (FOOTNOTE 1) and employers) (FOOTNOTE 2)

(FOOTNOTE 1) See References in Text note below.

(FOOTNOTE 2) So in original. Probably should be followed by a

comma.

(E) the worker is qualified to undertake and complete such

training, and

(F) such training is suitable for the worker and available at a

reasonable cost,

the Secretary shall approve such training for the worker. Upon

such approval, the worker shall be entitled to have payment of the

costs of such training (subject to the limitations imposed by this

section) paid on his behalf by the Secretary directly or through a

voucher system. Insofar as possible, the Secretary shall provide

or assure the provision of such training on the job, which shall

include related education necessary for the acquisition of skills

needed for a position within a particular occupation.

(2)(A) The total amount of payments that may be made under

paragraph (1) for any fiscal year shall not exceed $220,000,000.

(B) If, during any fiscal year, the Secretary estimates that the

amount of funds necessary to pay the costs of training approved

under this section will exceed the amount of the limitation imposed

under subparagraph (A), the Secretary shall decide how the portion

of such limitation that has not been expended at the time of such

estimate is to be apportioned among the States for the remainder of

such fiscal year.

(3) For purposes of applying paragraph (1)(C), a reasonable

expectation of employment does not require that employment

opportunities for a worker be available, or offered, immediately

upon the completion of training approved under this paragraph (1).

(4)(A) If the costs of training an adversely affected worker are

paid by the Secretary under paragraph (1), no other payment for

such costs may be made under any other provision of Federal law.

(B) No payment may be made under paragraph (1) of the costs of

training an adversely affected worker if such costs -

(i) have already been paid under any other provision of Federal

law, or

(ii) are reimbursable under any other provision of Federal law

and a portion of such costs have already been paid under such

other provision of Federal law.

(C) The provisions of this paragraph shall not apply to, or take

into account, any funds provided under any other provision of

Federal law which are used for any purpose other than the direct

payment of the costs incurred in training a particular adversely

affected worker, even if such use has the effect of indirectly

paying or reducing any portion of the costs involved in training

the adversely affected worker.

(5) The training programs that may be approved under paragraph

(1) include, but are not limited to -

(A) employer-based training, including -

(i) on-the-job training, and

(ii) customized training,

(B) any training program provided by a State pursuant to title

I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et

seq.),

(C) any training program approved by a private industry council

established under section 102 of such Act,

(D) any program of remedial education,

(E) any training program (other than a training program

described in paragraph (7)) for which all, or any portion, of the

costs of training the worker are paid -

(i) under any Federal or State program other than this

chapter, or

(ii) from any source other than this section, and

(F) any other training program approved by the Secretary.

(6)(A) The Secretary is not required under paragraph (1) to pay

the costs of any training approved under paragraph (1) to the

extent that such costs are paid -

(i) under any Federal or State program other than this part, or

(ii) from any source other than this section.

(B) Before approving any training to which subparagraph (A) may

apply, the Secretary may require that the adversely affected worker

enter into an agreement with the Secretary under which the

Secretary will not be required to pay under this section the

portion of the costs of such training that the worker has reason to

believe will be paid under the program, or by the source, described

in clause (i) or (ii) of subparagraph (A).

(7) The Secretary shall not approve a training program if -

(A) all or a portion of the costs of such training program are

paid under any nongovernmental plan or program,

(B) the adversely affected worker has a right to obtain

training or funds for training under such plan or program, and

(C) such plan or program requires the worker to reimburse the

plan or program from funds provided under this part, or from

wages paid under such training program, for any portion of the

costs of such training program paid under the plan or program.

(8) The Secretary may approve training for any adversely affected

worker who is a member of a group certified under subpart A of this

part at any time after the date on which the group is certified

under subpart A of this part, without regard to whether such worker

has exhausted all rights to any unemployment insurance to which the

worker is entitled.

(9) The Secretary shall prescribe regulations which set forth the

criteria under each of the subparagraphs of paragraph (1) that will

be used as the basis for making determinations under paragraph (1).

(b) Supplemental assistance

The Secretary may, where appropriate, authorize supplemental

assistance necessary to defray reasonable transportation and

subsistence expenses for separate maintenance when training is

provided in facilities which are not within commuting distance of a

worker's regular place of residence. The Secretary may not

authorize -

(1) payments for subsistence that exceed whichever is the

lesser of (A) the actual per diem expenses for subsistence, or

(B) payments at 50 percent of the prevailing per diem allowance

rate authorized under the Federal travel regulations, or

(2) payments for travel expenses exceeding the prevailing

mileage rate authorized under the Federal travel regulations.

(c) Payment of costs of on-the-job training

The Secretary shall pay the costs of any on-the-job training of

an adversely affected worker that is approved under subsection

(a)(1) of this section in equal monthly installments, but the

Secretary may pay such costs, notwithstanding any other provision

of this section, only if -

(1) no currently employed worker is displaced by such adversely

affected worker (including partial displacement such as a

reduction in the hours of nonovertime work, wages, or employment

benefits),

(2) such training does not impair existing contracts for

services or collective bargaining agreements,

(3) in the case of training which would be inconsistent with

the terms of a collective bargaining agreement, the written

concurrence of the labor organization concerned has been

obtained,

(4) no other individual is on layoff from the same, or any

substantially equivalent, job for which such adversely affected

worker is being trained,

(5) the employer has not terminated the employment of any

regular employee or otherwise reduced the workforce of the

employer with the intention of filling the vacancy so created by

hiring such adversely affected worker,

(6) the job for which such adversely affected worker is being

trained is not being created in a promotional line that will

infringe in any way upon the promotional opportunities of

currently employed individuals,

(7) such training is not for the same occupation from which the

worker was separated and with respect to which such worker's

group was certified pursuant to section 2272 of this title,

(8) the employer is provided reimbursement of not more than 50

percent of the wage rate of the participant, for the cost of

providing the training and additional supervision related to the

training,

(9) the employer has not received payment under subsection

(a)(1) of this section with respect to any other on-the-job

training provided by such employer which failed to meet the

requirements of paragraphs (1), (2), (3), (4), (5), and (6), and

(10) the employer has not taken, at any time, any action which

violated the terms of any certification described in paragraph

(8) made by such employer with respect to any other on-the-job

training provided by such employer for which the Secretary has

made a payment under subsection (a)(1) of this section.

(d) Eligibility for unemployment insurance

A worker may not be determined to be ineligible or disqualified

for unemployment insurance or program benefits under this subpart

because the individual is in training approved under subsection (a)

of this section, because of leaving work which is not suitable

employment to enter such training, or because of the application to

any such week in training of provisions of State law or Federal

unemployment insurance law relating to availability for work,

active search for work, or refusal to accept work. The Secretary

shall submit to the Congress a quarterly report regarding the

amount of funds expended during the quarter concerned to provide

training under subsection (a) of this section and the anticipated

demand for such funds for any remaining quarters in the fiscal year

concerned.

(e) ''Suitable employment'' defined

For purposes of this section the term ''suitable employment''

means, with respect to a worker, work of a substantially equal or

higher skill level than the worker's past adversely affected

employment, and wages for such work at not less than 80 percent of

the worker's average weekly wage.

(f) ''Customized training'' defined

For purposes of this section, the term ''customized training''

means training that is -

(1) designed to meet the special requirements of an employer or

group of employers;

(2) conducted with a commitment by the employer or group of

employers to employ an individual upon successful completion of

the training; and

(3) for which the employer pays for a significant portion (but

in no case less than 50 percent) of the cost of such training, as

determined by the Secretary.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 236, Jan. 3, 1975, 88 Stat. 2023;

Pub. L. 97-35, title XXV, Sec. 2506(2), Aug. 13, 1981, 95 Stat.

885; Pub. L. 99-272, title XIII, Sec. 13004(a), Apr. 7, 1986, 100

Stat. 301; Pub. L. 100-418, title I, Sec. 1424(a)-(c), Aug. 23,

1988, 102 Stat. 1248, 1249; Pub. L. 100-647, title IX, Sec.

9001(a)(20), Nov. 10, 1988, 102 Stat. 3808; Pub. L. 103-66, title

XIII, Sec. 13803(b), Aug. 10, 1993, 107 Stat. 668; Pub. L. 105-277,

div. A, Sec. 101(f) (title VIII, Sec. 405(d)(14)(A), (f)(11)(A)),

Oct. 21, 1998, 112 Stat. 2681-337, 2681-421, 2681-431; Pub. L.

107-210, div. A, title I, Sec. 117, 118, Aug. 6, 2002, 116 Stat.

941.)

-REFTEXT-

REFERENCES IN TEXT

Section 195(2) of the Vocational Education Act of 1963, referred

to in subsec. (a)(1)(D), is section 195(2) of Pub. L. 88-210, title

I, as added by Pub. L. 94-482, title II, Sec. 202(a), Oct. 12,

1976, 90 Stat. 2211, and amended, which was classified to section

2461(2) of Title 20, Education, prior to the general amendment and

redesignation of Pub. L. 88-210 as the Carl D. Perkins Vocational

Education Act by Pub. L. 98-524, Sec. 1, Oct. 19, 1984, 98 Stat.

2435.

The Workforce Investment Act of 1998, referred to in subsec.

(a)(5)(B), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as

amended. Title I of the Act is classified principally to chapter

30 (Sec. 2801 et seq.) of Title 29, Labor. For complete

classification of this Act to the Code, see Short Title note set

out under section 9201 of Title 20, Education, and Tables.

Section 102 of such Act, referred to in subsec. (a)(5)(C),

meaning section 102 of the Job Training Partnership Act, was

classified to section 1512 of Title 29, Labor, and was repealed by

Pub. L. 105-220, title I, Sec. 199(b)(2), (c)(2)(B), Aug. 7, 1998,

112 Stat. 1059, effective July 1, 2000. Pursuant to section 2940(b)

of Title 29, references to a provision of the Job Training

Partnership Act, effective Aug. 7, 1998, are deemed to refer to

that provision or the corresponding provision of the Workforce

Investment Act of 1998, Pub. L. 105-220, Aug. 7, 1998, 112 Stat.

936, and effective July 1, 2000, are deemed to refer to the

corresponding provision of the Workforce Investment Act of 1998.

For complete classification of the Workforce Investment Act of 1998

to the Code, see Short Title note set out under section 9201 of

Title 20, Education, and Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (a)(2)(A). Pub. L. 107-210, Sec. 117, substituted

''$220,000,000'' for ''$80,000,000, except that for fiscal year

1997, the total amount of payments made under paragraph (1) shall

not exceed $70,000,000''.

Subsec. (a)(5)(A). Pub. L. 107-210, Sec. 118(a), amended subpar.

(A) generally. Prior to amendment, subpar. (A) read as follows:

''on-the-job training,''.

Subsec. (c)(8). Pub. L. 107-210, Sec. 118(b), amended par. (8)

generally. Prior to amendment, par. (8) read as follows: ''the

employer certifies to the Secretary that the employer will continue

to employ such worker for at least 26 weeks after completion of

such training if the worker desires to continue such employment and

the employer does not have due cause to terminate such

employment,''.

Subsec. (f). Pub. L. 107-210, Sec. 118(c), added subsec. (f).

1998 - Subsec. (a)(5)(B). Pub. L. 105-277, Sec. 101(f) (title

VIII, Sec. 405(f)(11)(A)), struck out ''section 1653 of title 29

or'' before ''title I of''.

Pub. L. 105-277, Sec. 101(f) (title VIII, Sec. 405(d)(14)(A)),

substituted ''section 1653 of title 29 or title I of the Workforce

Investment Act of 1998'' for ''section 1653 of title 29''.

1993 - Subsec. (a)(2)(A). Pub. L. 103-66 inserted before period

at end '', except that for fiscal year 1997, the total amount of

payments made under paragraph (1) shall not exceed $70,000,000''.

1988 - Subsec. (a)(1). Pub. L. 100-418, Sec. 1424(a)(5)-(7),

struck out ''(to the extent appropriated funds are available)''

after ''the Secretary shall'' in first sentence, and in second

sentence inserted ''(subject to the limitations imposed by this

section)'' after ''costs of such training'' and ''directly or

through a voucher system'' after ''by the Secretary''.

Subsec. (a)(1)(D). Pub. L. 100-418, Sec. 1424(a)(1), substituted

''is reasonably available'' for ''is available''.

Subsec. (a)(1)(F). Pub. L. 100-418, Sec. 1424(a)(2)-(4), added

subpar. (F).

Subsec. (a)(2). Pub. L. 100-418, Sec. 1424(a)(11), (12), added

par. (2) and redesignated former par. (2) as (3).

Subsec. (a)(2)(A). Pub. L. 100-418, Sec. 1424(b), directed the

amendment of subpar. (A) by substituting ''$120,000,000'' for

''$80,000,000'', which amendment did not become effective pursuant

to section 1430(d) of Pub. L. 100-418, as amended, set out as an

Effective Date note under section 2397 of this title.

Subsec. (a)(3), (4). Pub. L. 100-418, Sec. 1424(a)(11),

redesignated pars. (2) and (3) as (3) and (4), respectively.

Former par. (4) redesignated (5).

Subsec. (a)(5). Pub. L. 100-418, Sec. 1424(a)(8)-(11),

redesignated former par. (4) as (5), added subpars. (D) and (E),

and redesignated former subpar. (D) as (F).

Subsec. (a)(6). Pub. L. 100-418, Sec. 1424(a)(13), added par.

(6).

Subsec. (a)(6)(B). Pub. L. 100-647 substituted ''in clause (i) or

(ii) of subparagraph (A)'' for ''in subparagraph (A) or (B) of

paragraph (1)''.

Subsec. (a)(7) to (9). Pub. L. 100-418, Sec. 1424(a)(13), added

pars. (7) to (9).

Subsec. (c). Pub. L. 100-418, Sec. 1424(c)(1), substituted

present introductory provisions for ''Notwithstanding any provision

of subsection (a)(1) of this section, the Secretary may pay the

costs of on-the-job training of an adversely affected worker under

subsection (a)(1) of this section only if - ''.

Pub. L. 100-418, Sec. 1424(c)(2), (3), redesignated subsec. (d)

as (c), and struck out former subsec. (c) which related to refusal

to accept or continue training, or failure to make satisfactory

progress.

Subsecs. (d) to (f). Pub. L. 100-418, Sec. 1424(c)(3),

redesignated subsecs. (e) and (f) as (d) and (e), respectively.

Former subsec. (d) redesignated (c).

1986 - Subsec. (a)(1). Pub. L. 99-272, Sec. 13004(a)(2),

substituted ''shall (to the extent appropriated funds are

available) approve'' for ''may approve'' in first sentence.

Subsec. (a)(1)(A). Pub. L. 99-272, Sec. 13004(a)(1), substituted

''for an adversely affected worker'' for ''for a worker''.

Subsec. (a)(2) to (4). Pub. L. 99-272, Sec. 13004(a)(6), added

pars. (2) to (4). Former pars. (2) and (3) redesignated subsecs.

(e) and (f), respectively.

Subsec. (d). Pub. L. 99-272, Sec. 13004(a)(7), added subsec. (d).

Subsec. (e). Pub. L. 99-272, Sec. 13004(a)(3), (5), redesignated

par. (2) of subsec. (a) as subsec. (e) and substituted ''under

subsection (a) of this section'' for ''under paragraph (1)'' in two

places.

Subsec. (f). Pub. L. 99-272, Sec. 13004(a)(4), (5), redesignated

par. (3) of subsec. (a) as subsec. (f) and substituted ''this

section'' for ''this subsection''.

1981 - Subsec. (a). Pub. L. 97-35 redesignated existing

provisions as par. (1), revised provisions, made changes in

nomenclature, inserted provisions respecting availability, payment,

and scope of training, and added pars. (2) and (3).

Subsec. (b). Pub. L. 97-35 substituted provisions limiting the

maximum amount of travel expenses on the basis of amounts paid

under Federal travel regulations for provisions establishing

specific maximum amounts for subsistence and transportation

expenses.

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 section 2271 of this title.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by section 101(f) (title VIII, Sec. 405(d)(14)(A)) of

Pub. L. 105-277 effective Oct. 21, 1998, and amendment by section

101(f) (title VIII, Sec. 405(f)(11)(A)) of Pub. L. 105-277

effective July 1, 2000, see section 101(f) (title VIII, Sec.

405(g)(1), (2)(B)), set out as a note under section 3502 of Title

5, Government Organization and Employees.

EFFECTIVE DATE OF 1988 AMENDMENTS

Amendment by Pub. L. 100-647 applicable as if such amendment took

effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647,

set out as an Effective and Termination Dates of 1988 Amendments

note under section 58c of this title.

Amendment by section 1424(c)(2), (3) of Pub. L. 100-418 effective

on date that is 90 days after Aug. 23, 1988, see section 1430(f) of

Pub. L. 100-418, set out as an Effective Date note under section

2397 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION PROVISIONS

Amendment by Pub. L. 97-35 effective for determinations made or

filed after Sept. 30, 1981, with transition provisions applicable,

and with the amendment of subsec. (a)(2) of this section

applicable, except as otherwise provided, to laws for certification

purposes under section 3304 of title 26 on Oct. 31, of any taxable

year after 1981, 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, allowances, or other

payments or benefits may be provided under this part after Sept.

30, 2007, except as otherwise provided, see section 285 of Pub. L.

93-618, as amended, set out as a note preceding section 2271 of

this title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(d) of this section relating to submitting a quarterly report to

Congress on funds for training under subsection (a) of this

section, see section 3003 of Pub. L. 104-66, as amended, set out as

a note under section 1113 of Title 31, Money and Finance, and page

124 of House Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2275, 2291, 2293, 2297,

2298, 2311, 2317, 2401e of this title; title 7 section 2015.

-CITE-

19 USC Sec. 2297 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 2 - Adjustment Assistance for Workers

subpart b - program benefits

-HEAD-

Sec. 2297. Job search allowances

-STATUTE-

(a) Job search allowance authorized

(1) In general

An adversely affected worker covered by a certification issued

under subpart A of this part may file an application with the

Secretary for payment of a job search allowance.

(2) Approval of applications

The Secretary may grant an allowance pursuant to an application

filed under paragraph (1) when all of the following apply:

(A) Assist adversely affected worker

The allowance is paid to assist an adversely affected worker

who has been totally separated in securing a job within the

United States.

(B) Local employment not available

The Secretary determines that the worker cannot reasonably be

expected to secure suitable employment in the commuting area in

which the worker resides.

(C) Application

The worker has filed an application for the allowance with

the Secretary before -

(i) the later of -

(I) the 365th day after the date of the certification

under which the worker is certified as eligible; or

(II) the 365th day after the date of the worker's last

total separation; or

(ii) the date that is the 182d day after the date on which

the worker concluded training, unless the worker received a

waiver under section 2291(c) of this title.

(b) Amount of allowance

(1) In general

An allowance granted under subsection (a) of this section shall

provide reimbursement to the worker of 90 percent of the cost of

necessary job search expenses as prescribed by the Secretary in

regulations.

(2) Maximum allowance

Reimbursement under this subsection may not exceed $1,250 for

any worker.

(3) Allowance for subsistence and transportation

Reimbursement under this subsection may not be made for

subsistence and transportation expenses at levels exceeding those

allowable under section 2296(b) (1) and (2) of this title.

(c) Exception

Notwithstanding subsection (b) of this section, the Secretary

shall reimburse any adversely affected worker for necessary

expenses incurred by the worker in participating in a job search

program approved by the Secretary.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 237, Jan. 3, 1975, 88 Stat. 2023;

Pub. L. 97-35, title XXV, Sec. 2507, Aug. 13, 1981, 95 Stat. 886;

Pub. L. 98-369, div. B, title VI, Sec. 2672(a), July 18, 1984, 98

Stat. 1172; Pub. L. 99-272, title XIII, Sec. 13005(a), Apr. 7,

1986, 100 Stat. 303; Pub. L. 107-210, div. A, title I, Sec. 121,

Aug. 6, 2002, 116 Stat. 942.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-210 amended section generally. Prior to

amendment, section related to applications for job search

allowances, amounts of allowances, conditions for granting

allowances, and reimbursement of worker expenses.

1986 - Subsec. (c). Pub. L. 99-272 added subsec. (c).

1984 - Subsec. (a)(1). Pub. L. 98-369 substituted ''$800'' for

''$600''.

1981 - Subsec. (a). Pub. L. 97-35, Sec. 2507(1), amended

provisions generally, increasing percent of reimbursement of cost

of job search from 80 to 90 and maximum amount from $500 to $600,

and striking out requirement of total separation.

Subsec. (b)(1). Pub. L. 97-35, Sec. 2507(2)(A), inserted ''who

has been totally separated'' after ''to assist an adversely

affected worker''.

Subsec. (b)(3). Pub. L. 97-35, Sec. 2507(2)(B), amended par. (3)

generally, substituting the 182-day period for a reasonable period

of time and inserting provision relating to 365 days after

certification.

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 section 2271 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION PROVISIONS

Amendment by Pub. L. 97-35 effective for determinations made or

filed after Sept. 30, 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, allowances, or other

payments or benefits may be provided under this part after Sept.

30, 2007, except as otherwise provided, see section 285 of Pub. L.

93-618, as amended, set out as a note preceding section 2271 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2317, 2401e of this

title.

-CITE-

19 USC Sec. 2298 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 2 - Adjustment Assistance for Workers

subpart b - program benefits

-HEAD-

Sec. 2298. Relocation allowances

-STATUTE-

(a) Relocation allowance authorized

(1) In general

Any adversely affected worker covered by a certification issued

under subpart A of this part may file an application for a

relocation allowance with the Secretary, and the Secretary may

grant the relocation allowance, subject to the terms and

conditions of this section.

(2) Conditions for granting allowance

A relocation allowance may be granted if all of the following

terms and conditions are met:

(A) Assist an adversely affected worker

The relocation allowance will assist an adversely affected

worker in relocating within the United States.

(B) Local employment not available

The Secretary determines that the worker cannot reasonably be

expected to secure suitable employment in the commuting area in

which the worker resides.

(C) Total separation

The worker is totally separated from employment at the time

relocation commences.

(D) Suitable employment obtained

The worker -

(i) has obtained suitable employment affording a reasonable

expectation of long-term duration in the area in which the

worker wishes to relocate; or

(ii) has obtained a bona fide offer of such employment.

(E) Application

The worker filed an application with the Secretary before -

(i) the later of -

(I) the 425th day after the date of the certification

under subpart A of this part; or

(II) the 425th day after the date of the worker's last

total separation; or

(ii) the date that is the 182d day after the date on which

the worker concluded training, unless the worker received a

waiver under section 2291(c) of this title.

(b) Amount of allowance

The relocation allowance granted to a worker under subsection (a)

of this section includes -

(1) 90 percent of the reasonable and necessary expenses

(including, but not limited to, subsistence and transportation

expenses at levels not exceeding those allowable under section

2296(b)(1) and (2) of this title (FOOTNOTE 1) specified in

regulations prescribed by the Secretary, incurred in transporting

the worker, the worker's family, and household effects; and

(FOOTNOTE 1) So in original. Probably should be followed by a

closing parenthesis.

(2) a lump sum equivalent to 3 times the worker's average

weekly wage, up to a maximum payment of $1,250.

(c) Limitations

A relocation allowance may not be granted to a worker unless -

(1) the relocation occurs within 182 days after the filing of

the application for relocation assistance; or

(2) the relocation occurs within 182 days after the conclusion

of training, if the worker entered a training program approved by

the Secretary under section 2296(b)(1) and (2) of this title.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 238, Jan. 3, 1975, 88 Stat. 2024;

Pub. L. 97-35, title XXV, Sec. 2508, Aug. 13, 1981, 95 Stat. 886;

Pub. L. 98-369, div. B, title VI, Sec. 2672(b), July 18, 1984, 98

Stat. 1172; Pub. L. 107-210, div. A, title I, Sec. 122, Aug. 6,

2002, 116 Stat. 943.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-210 amended section generally. Prior to

amendment, section consisted of subsecs. (a) to (d) authorizing

relocation allowances, specifying the conditions for granting them,

and defining ''relocation allowance''.

1984 - Subsec. (d)(2). Pub. L. 98-369 substituted ''$800'' for

''$600''.

1981 - Subsec. (a). Pub. L. 97-35, Sec. 2508(1), inserted

provisions relating to time for filing application and struck out

provisions respecting total separation.

Subsec. (b)(3). Pub. L. 97-35, Sec. 2508(2), added par. (3).

Subsec. (c). Pub. L. 97-35, Sec. 2508(3), substituted provisions

respecting 182-day requirements for provisions respecting

requirements involving entitlements for the week in which the

application is filed and relocation occurring within a reasonable

period of time.

Subsec. (d)(1). Pub. L. 97-35, Sec. 2508(4)(A), increased

percentage from 80 to 90 percent and inserted provision respecting

allowable levels of subsistence and travel expenses.

Subsec. (d)(2). Pub. L. 97-35, Sec. 2508(4)(B), increased maximum

payment from $500 to $600.

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 section 2271 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION PROVISIONS

Amendment by Pub. L. 97-35 effective for determinations made or

filed after Sept. 30, 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, allowances, or other

payments or benefits may be provided under this part after Sept.

30, 2007, except as otherwise provided, see section 285 of Pub. L.

93-618, as amended, set out as a note preceding section 2271 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2317, 2318, 2401e of this

title.

-CITE-

19 USC subpart c - general provisions 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 2 - Adjustment Assistance for Workers

subpart c - general provisions

.

-HEAD-

subpart c - general provisions

-CITE-

19 USC Sec. 2311 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 2 - Adjustment Assistance for Workers

subpart c - general provisions

-HEAD-

Sec. 2311. Agreements with States

-STATUTE-

(a) Authority of Secretary to enter into agreements

The Secretary is authorized on behalf of the United States to

enter into an agreement with any State, or with any State agency

(referred to in this subpart as ''cooperating States'' and

''cooperating States agencies'' respectively). Under such an

agreement, the cooperating State agency (1) as agent of the United

States, will receive applications for, and will provide, payments

on the basis provided in this part, (2) where appropriate, but in

accordance with subsection (f) of this section, will afford

adversely affected workers testing, counseling, referral to

training and job search programs, and placement services, (3) will

make any certifications required under section 2291(c)(2) (FOOTNOTE

1) of this title, and (4) will otherwise cooperate with the

Secretary and with other State and Federal agencies in providing

payments and services under this part.

(FOOTNOTE 1) See References in Text note below.

(b) Amendment, suspension, and termination of agreements

Each agreement under this subpart shall provide the terms and

conditions upon which the agreement may be amended, suspended, or

terminated.

(c) Unemployment insurance

Each agreement under this subpart shall provide that unemployment

insurance otherwise payable to any adversely affected worker will

not be denied or reduced for any week by reason of any right to

payments under this part.

(d) Review

A determination by a cooperating State agency with respect to

entitlement to program benefits under an agreement is subject to

review in the same manner and to the same extent as determinations

under the applicable State law and only in that manner and to that

extent.

(e) Coordination of benefits and assistance

Any agreement entered into under this section shall provide for

the coordination of the administration of the provisions for

employment services, training, and supplemental assistance under

sections 2295 and 2296 of this title and under title I of the

Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.) upon such

terms and conditions as are established by the Secretary in

consultation with the States and set forth in such agreement. Any

agency of the State jointly administering such provisions under

such agreement shall be considered to be a cooperating State agency

for purposes of this part.

(f) Advising and interviewing adversely affected workers

Each cooperating State agency shall, in carrying out subsection

(a)(2) of this section -

(1) advise each worker who applies for unemployment insurance

of the benefits under this part and the procedures and deadlines

for applying for such benefits,

(2) facilitate the early filing of petitions under section 2271

of this title for any workers that the agency considers are

likely to be eligible for benefits under this part,

(3) advise each adversely affected worker to apply for training

under section 2296(a) of this title before, or at the same time,

the worker applies for trade readjustment allowances under

sections 2291 to 2294 of this title, and

(4) as soon as practicable, interview the adversely affected

worker regarding suitable training opportunities available to the

worker under section 2296 of this title and review such

opportunities with the worker.

(g) Submission of information for coordination of workforce

investment activities

In order to promote the coordination of workforce investment

activities in each State with activities carried out under this

part, any agreement entered into under this section shall provide

that the State shall submit to the Secretary, in such form as the

Secretary may require, the description and information described in

paragraphs (8) and (14) of section 112(b) of the Workforce

Investment Act of 1998 (29 U.S.C. 2822(b)).

-SOURCE-

(Pub. L. 93-618, title II, Sec. 239, Jan. 3, 1975, 88 Stat. 2024;

Pub. L. 97-35, title XXV, Sec. 2513(d)(6), Aug. 13, 1981, 95 Stat.

889; Pub. L. 99-272, title XIII, Sec. 13003(a)(3), 13004(c), Apr.

7, 1986, 100 Stat. 301, 303; Pub. L. 100-418, title I, Sec.

1423(a)(4), 1424(d)(1)(B), (2), Aug. 23, 1988, 102 Stat. 1246,

1250; Pub. L. 105-220, title III, Sec. 321, Aug. 7, 1998, 112 Stat.

1087; Pub. L. 105-277, div. A, Sec. 101(f) (title VIII, Sec.

405(d)(14)(B), (f)(11)(B)), Oct. 21, 1998, 112 Stat. 2681-337,

2681-421, 2681-431.)

-REFTEXT-

REFERENCES IN TEXT

Section 2291(c)(2) of this title, referred to in subsec. (a)(3),

was subsequently amended, and no longer contains provisions

relating to certifications.

The Workforce Investment Act of 1998, referred to in subsec. (e),

is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as amended. Title

I of the Act is classified principally to chapter 30 (Sec. 2801 et

seq.) of Title 29, Labor. For complete classification of this Act

to the Code, see Short Title note set out under section 9201 of

Title 20, Education, and Tables.

-COD-

CODIFICATION

Section is comprised of subsecs. (a) to (g) of Pub. L. 93-618.

Another subsec. (e) of section 239 of Pub. L. 93-618 amended

section 3302 of Title 26, Internal Revenue Code.

-MISC3-

AMENDMENTS

1998 - Subsec. (e). Pub. L. 105-277, Sec. 101(f) (title VIII,

Sec. 405(f)(11)(B)), struck out ''title III of the Job Training

Partnership Act or'' before ''title I of the''.

Pub. L. 105-277, Sec. 101(f) (title VIII, Sec. 405(d)(14)(B)),

substituted ''under title III of the Job Training Partnership Act

or title I of the Workforce Investment Act of 1998'' for ''under

title III of the Job Training Partnership Act''.

Subsec. (g). Pub. L. 105-220 added subsec. (g).

1988 - Subsec. (a)(3). Pub. L. 100-418, Sec. 1423(a)(4), amended

cl. (3) generally. Prior to amendment, cl. (3) read as follows:

''will make determinations and approvals regarding job search

programs under sections 2291(c) and 2297(c) of this title, and''.

Subsec. (e). Pub. L. 100-418, Sec. 1424(d)(1)(B), amended subsec.

(e) generally. Prior to amendment, subsec. (e) read as follows:

''Agreements entered into under this section may be made with one

or more State or local agencies including -

''(1) the employment service agency of such State,

''(2) any State agency carrying out title III of the Job

Training Partnership Act (29 U.S.C. 1651 et seq.), or

''(3) any other State or local agency administering job

training or related programs.''

Subsec. (f). Pub. L. 100-418, Sec. 1424(d)(2), amended subsec.

(f) generally. Prior to amendment, subsec. (f) read as follows:

''Each cooperating State agency shall, in carrying out subsection

(a)(2) of this section -

''(1) advise each adversely affected worker to apply for

training under section 2296(a) of this title at the time the

worker makes application for trade readjustment allowances (but

failure of the worker to do so may not be treated as cause for

denial of those allowances), and

''(2) within 60 days after application for training is made by

the worker, interview the adversely affected worker regarding

suitable training opportunities available to the worker under

section 2296 of this title and review such opportunities with the

worker.''

1986 - Subsec. (a). Pub. L. 99-272, Sec. 13004(c)(1), inserted

''but in accordance with subsection (f) of this section,'' in cl.

(2).

Pub. L. 99-272, Sec. 13003(a)(3), substituted ''training and job

search programs'' for ''training'' in cl. (2), added cl. (3), and

redesignated former cl. (3) as (4).

Subsecs. (e), (f). Pub. L. 99-272, Sec. 13004(c)(2), added

subsecs. (e) and (f).

1981 - Subsec. (a). Pub. L. 97-35 struck out provisions

respecting persons applying for payments under this part.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by section 101(f) (title VIII, Sec. 405(d)(14)(B)) of

Pub. L. 105-277 effective Oct. 21, 1998, and amendment by section

101(f) (title VIII, Sec. 405(f)(11)(B)) of Pub. L. 105-277

effective July 1, 2000, see section 101(f) (title VIII, Sec.

405(g)(1), (2)(B)), set out as a note under section 3502 of Title

5, Government Organization and Employees.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by section 1424(d)(1)(B), (2) of Pub. L. 100-418

effective Aug. 23, 1988, and amendment by section 1423(a)(4) of

Pub. L. 100-418 effective on the date that is 90 days after Aug.

23, 1988, see section 1430(a), (f) of Pub. L. 100-418, set out as

an Effective Date note under section 2397 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by section 13003(a) of Pub. L. 99-272 applicable with

respect to workers covered by petitions filed under section 2271 of

this title on or after Apr. 7, 1986, and amendment by section

13004(c) of Pub. L. 99-272 effective on Apr. 7, 1986, see section

13009(a), (b) 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. 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, allowances, or other

payments or benefits may be provided under this part after Sept.

30, 2007, except as otherwise provided, see section 285 of Pub. L.

93-618, as amended, set out as a note preceding section 2271 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2275, 2291, 2312, 2316 of

this title; title 26 section 3302.

-CITE-

19 USC Sec. 2312 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 2 - Adjustment Assistance for Workers

subpart c - general provisions

-HEAD-

Sec. 2312. Administration absent State agreement

-STATUTE-

(a) Promulgation of regulations; fair hearing

In any State where there is no agreement in force between a State

or its agency under section 2311 of this title, the Secretary shall

arrange under regulations prescribed by him for performance of all

necessary functions under subpart B of this part, including

provision for a fair hearing for any worker whose application for

payments is denied.

(b) Review of final determination

A final determination under subsection (a) of this section with

respect to entitlement to program benefits under subpart B of this

part is subject to review by the courts in the same manner and to

the same extent as is provided by section 405(g) of title 42.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 240, Jan. 3, 1975, 88 Stat. 2025.)

-MISC1-

TERMINATION DATE

No trade adjustment assistance, vouchers, allowances, or other

payments or benefits may be provided under this part after Sept.

30, 2007, except as otherwise provided, see section 285 of Pub. L.

93-618, as amended, set out as a note preceding section 2271 of

this title.

-CITE-

19 USC Sec. 2313 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 2 - Adjustment Assistance for Workers

subpart c - general provisions

-HEAD-

Sec. 2313. Payments to States

-STATUTE-

(a) Certification to Secretary of the Treasury for payment to

cooperating States

The Secretary shall from time to time certify to the Secretary of

the Treasury for payment to each cooperating State the sums

necessary to enable such State as agent of the United States to

make payments provided for by this part.

(b) Utilization or return of money

All money paid a State under this section shall be used solely

for the purposes for which it is paid; and money so paid which is

not used for such purposes shall be returned, at the time specified

in the agreement under this subpart, to the Secretary of the

Treasury.

(c) Surety bonds

Any agreement under this subpart may require any officer or

employee of the State certifying payments or disbursing funds under

the agreement or otherwise participating in the performance of the

agreement, to give a surety bond to the United States in such

amount as the Secretary may deem necessary, and may provide for the

payment of the cost of such bond from funds for carrying out the

purposes of this part.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 241, Jan. 3, 1975, 88 Stat. 2025;

Pub. L. 97-35, title XXV, Sec. 2513(b), Aug. 13, 1981, 95 Stat.

889.)

-MISC1-

AMENDMENTS

1981 - Subsec. (a). Pub. L. 97-35 struck out provisions relating

to payment to the State by the Secretary of the Treasury from the

Adjustment Assistance Trust Fund prior to audit or settlement by

the General Accounting Office.

Subsec. (b). Pub. L. 97-35 struck out provisions relating to

crediting money returned to the Secretary of the Treasury to the

Adjustment Assistance Trust Fund.

EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION PROVISIONS

Amendment by Pub. L. 97-35 effective Aug. 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, allowances, or other

payments or benefits may be provided under this part after Sept.

30, 2007, except as otherwise provided, see section 285 of Pub. L.

93-618, as amended, set out as a note preceding section 2271 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2318 of this title.

-CITE-

19 USC Sec. 2314 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 2 - Adjustment Assistance for Workers

subpart c - general provisions

-HEAD-

Sec. 2314. Liabilities of certifying and disbursing officers

-STATUTE-

(a) Certifying officer

No person designated by the Secretary, or designated pursuant to

an agreement under this subpart, as a certifying officer, shall, in

the absence of gross negligence or intent to defraud the United

States, be liable with respect to any payment certified by him

under this part.

(b) Disbursing officer

No disbursing officer shall, in the absence of gross negligence

or intent to defraud the United States, be liable with respect to

any payment by him under this part if it was based upon a voucher

signed by a certifying officer designated as provided in subsection

(a) of this section.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 242, Jan. 3, 1975, 88 Stat. 2026.)

-MISC1-

TERMINATION DATE

No trade adjustment assistance, vouchers, allowances, or other

payments or benefits may be provided under this part after Sept.

30, 2007, except as otherwise provided, see section 285 of Pub. L.

93-618, as amended, set out as a note preceding section 2271 of

this title.

-CITE-

19 USC Sec. 2315 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 2 - Adjustment Assistance for Workers

subpart c - general provisions

-HEAD-

Sec. 2315. Fraud and recovery of overpayments

-STATUTE-

(a) Repayment; deductions

(1) If a cooperating State agency, the Secretary, or a court of

competent jurisdiction determines that any person has received any

payment under this part to which the person was not entitled,

including a payment referred to in subsection (b) of this section,

such person shall be liable to repay such amount to the State

agency or the Secretary, as the case may be, except that the State

agency or the Secretary may waive such repayment if such agency or

the Secretary determines, in accordance with guidelines prescribed

by the Secretary, that -

(A) the payment was made without fault on the part of such

individual, and

(B) requiring such repayment would be contrary to equity and

good conscience.

(2) Unless an overpayment is otherwise recovered, or waived under

paragraph (1), the State agency or the Secretary shall recover the

overpayment by deductions from any sums payable to such person

under this part, under any Federal unemployment compensation law

administered by the State agency or the Secretary, or under any

other Federal law administered by the State agency or the Secretary

which provides for the payment of assistance or an allowance with

respect to unemployment, and, notwithstanding any other provision

of State law or Federal law to the contrary, the Secretary may

require the State agency to recover any overpayment under this part

by deduction from any unemployment insurance payable to such person

under the State law, except that no single deduction under this

paragraph shall exceed 50 percent of the amount otherwise payable.

(b) False representation or nondisclosure of material fact

If a cooperating State agency, the Secretary, or a court of

competent jurisdiction determines that an individual -

(1) knowingly has made, or caused another to make, a false

statement or representation of a material fact, or

(2) knowingly has failed, or caused another to fail, to

disclose a material fact,

and as a result of such false statement or representation, or of

such nondisclosure, such individual has received any payment under

this part to which the individual was not entitled, such individual

shall, in addition to any other penalty provided by law, be

ineligible for any further payments under this part.

(c) Notice of determination; fair hearing; finality

Except for overpayments determined by a court of competent

jurisdiction, no repayment may be required, and no deduction may be

made, under this section until a determination under subsection

(a)(1) of this section by the State agency or the Secretary, as the

case may be, has been made, notice of the determination and an

opportunity for a fair hearing thereon has been given to the

individual concerned, and the determination has become final.

(d) Recovered amount returned to Treasury

Any amount recovered under this section shall be returned to the

Treasury of the United States.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 243, Jan. 3, 1975, 88 Stat. 2026;

Pub. L. 97-35, title XXV, Sec. 2509, Aug. 13, 1981, 95 Stat. 887.)

-MISC1-

AMENDMENTS

1981 - Subsec. (a). Pub. L. 97-35 designated existing provisions

as par. (1), revised provisions, made changes in nomenclature and,

among other changes, inserted provisions respecting waiver, and

added par. (2).

Subsec. (b). Pub. L. 97-35 substituted provisions relating to

ineligibility for other payments for provisions relating to

deposit, return, and credit of repayments.

Subsecs. (c), (d). Pub. L. 97-35 added subsecs. (c) and (d).

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, allowances, or other

payments or benefits may be provided under this part after Sept.

30, 2007, except as otherwise provided, see section 285 of Pub. L.

93-618, as amended, set out as a note preceding section 2271 of

this title.

-CITE-

19 USC Sec. 2316 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 2 - Adjustment Assistance for Workers

subpart c - general provisions

-HEAD-

Sec. 2316. Penalties

-STATUTE-

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.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 244, Jan. 3, 1975, 88 Stat. 2026.)

-MISC1-

TERMINATION DATE

No trade adjustment assistance, vouchers, allowances, or other

payments or benefits may be provided under this part after Sept.

30, 2007, except as otherwise provided, see section 285 of Pub. L.

93-618, as amended, set out as a note preceding section 2271 of

this title.

-CITE-

19 USC Sec. 2317 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 2 - Adjustment Assistance for Workers

subpart c - general provisions

-HEAD-

Sec. 2317. Authorization of appropriations

-STATUTE-

(a) In general

There are authorized to be appropriated to the Department of

Labor, for the period beginning October 1, 2001, and ending

September 30, 2007, such sums as may be necessary to carry out the

purposes of this part, other than subpart D. (FOOTNOTE 1)

(FOOTNOTE 1) See References in Text note below.

(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 receiving such funds during that fiscal year and the

succeeding two fiscal years.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 245, Jan. 3, 1975, 88 Stat. 2026;

Pub. L. 97-35, title XXV, Sec. 2510, Aug. 13, 1981, 95 Stat. 888;

Pub. L. 98-120, Sec. 2(a), Oct. 12, 1983, 97 Stat. 809; Pub. L.

99-272, title XIII, Sec. 13008(a), Apr. 7, 1986, 100 Stat. 305;

Pub. L. 100-418, title I, Sec. 1426(b)(1), Aug. 23, 1988, 102 Stat.

1251; Pub. L. 103-66, title XIII, Sec. 13803(a)(2), Aug. 10, 1993,

107 Stat. 668; Pub. L. 103-182, title V, Sec. 504, Dec. 8, 1993,

107 Stat. 2151; Pub. L. 105-277, div. J, title I, Sec. 1012(a),

Oct. 21, 1998, 112 Stat. 2681-900; Pub. L. 106-113, div. B, Sec.

1000(a)(5) (title VII, Sec. 702(a)), Nov. 29, 1999, 113 Stat. 1536,

1501A-319; Pub. L. 107-210, div. A, title I, Sec. 111(a), 120,

Aug. 6, 2002, 116 Stat. 936, 942.)

-REFTEXT-

REFERENCES IN TEXT

Subpart D of this part, referred to in subsec. (a), was repealed

by Pub. L. 107-210, div. A, title I, Sec. 123(a), Aug. 6, 2002,

116 Stat. 944.

-MISC2-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-210, Sec. 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, Sec. 120, amended heading and text

of subsec. (b) generally. Prior to amendment, text read as

follows: ''There are authorized to be appropriated to the

Department of Labor, for the period beginning October 1, 2001, and

ending September 30, 2007, such sums as may be necessary to carry

out the purposes of subpart D of this part.''

Pub. L. 107-210, Sec. 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, Sec. 1012(a)(1), substituted

''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, Sec. 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 Adjustment Assistance

Trust Fund.

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 section 2271 of this title.

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-113, div. B, Sec. 1000(a)(5) (title VII, Sec.

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 provisions 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, set out as a note under section 2271 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Parts 2 and 3 of this subchapter applicable 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, allowances, or other

payments or benefits may be provided under this part after Sept.

30, 2007, except as otherwise provided, see section 285 of Pub. L.

93-618, as amended, set out as a note preceding section 2271 of

this title.

-CITE-

19 USC Sec. 2318 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 2 - Adjustment Assistance for Workers

subpart c - general provisions

-HEAD-

Sec. 2318. Demonstration project for alternative trade adjustment

assistance for older workers

-STATUTE-

(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 worker 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 opportunity for a group of

workers on whose behalf 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 alternative trade adjustment assistance

program, the Secretary shall consider the following 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 workers' firm possess

skills that are not easily transferable.

(III) The competitive conditions within the workers'

industry.

(iii) Deadline

The Secretary shall determine whether the workers in the

group are eligible for the alternative trade adjustment

assistance program by the date specified in section 2273(a)

of this title.

(B) Individual eligibility

A worker in the group that the Secretary has certified as

eligible for the alternative trade adjustment assistance

program may elect to receive benefits under the alternative

trade adjustment assistance program if the worker -

(i) is covered by a certification under subpart A of this

part;

(ii) obtains reemployment not more than 26 weeks after the

date of separation from the adversely affected employment;

(iii) is at least 50 years of age; and (FOOTNOTE 1)

(FOOTNOTE 1) So in original. The word ''and'' probably should

not appear.

(iv) earns not more than $50,000 a year in wages from

reemployment;

(v) is employed on a full-time basis as defined by State

law in the State in which the worker is employed; and

(vi) does not return to the employment from which the

worker was separated.

(4) Total amount of payments

The payments described in paragraph (2)(A) made to a worker may

not exceed $10,000 per worker during the 2-year eligibility

period.

(5) Limitation on other benefits

Except as provided in section 2298(a)(2)(B) of this title, if a

worker is receiving payments pursuant to the program established

under paragraph (1), the worker shall not be eligible to receive

any other benefits under this subchapter.

(b) Termination

(1) In general

Except as provided in paragraph (2), no payments may be made by

a State under the program established under subsection (a)(1) of

this section after the date that is 5 years after the date on

which such program is implemented by the State.

(2) Exception

Notwithstanding paragraph (1), a worker receiving payments

under the program established under subsection (a)(1) of this

section on the termination date described in paragraph (1) shall

continue to receive such payments provided that the worker meets

the criteria described in subsection (a)(3)(B) of this section.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 246, as added Pub. L. 107-210,

div. A, title I, Sec. 124(a), Aug. 6, 2002, 116 Stat. 944.)

-MISC1-

PRIOR PROVISIONS

A prior section 2318, Pub. L. 93-618, title II, Sec. 246, as

added Pub. L. 100-418, title I, Sec. 1423(d)(1), Aug. 23, 1988, 102

Stat. 1246; amended Pub. L. 101-382, title I, Sec. 136, Aug. 20,

1990, 104 Stat. 652, related to supplemental wage allowance

demonstration projects, prior to repeal by Pub. L. 107-210, div.

A, title I, Sec. 124(a), 151, Aug. 6, 2002, 116 Stat. 944, 953,

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.

Another prior section 2318, Pub. L. 93-618, title II, Sec. 246,

Jan. 3, 1975, 88 Stat. 2027, contained transition provisions for

events taking place during specified periods prior to the effective

date of this part, prior to repeal by Pub. L. 97-35, title XXV,

Sec. 2513(c), Aug. 13, 1981, 95 Stat. 889.

EFFECTIVE DATE

Section 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 an Effective Date of

2002 Amendment note preceding section 2271 of this title.

TERMINATION DATE

No trade adjustment assistance, vouchers, allowances, or other

payments or benefits may be provided under this part after Sept.

30, 2007, except as otherwise provided, see section 285 of Pub. L.

93-618, as amended, set out as a note preceding section 2271 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 35.

-CITE-

19 USC Sec. 2319 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 2 - Adjustment Assistance for Workers

subpart c - general provisions

-HEAD-

Sec. 2319. Definitions

-STATUTE-

For purposes of this part -

(1) The term ''adversely affected employment'' means employment

in a firm or appropriate subdivision of a firm, if workers of

such firm or subdivision are eligible to apply for adjustment

assistance under this part.

(2) The term ''adversely affected worker'' means an individual

who, because of lack of work in adversely affected employment -

(A) has been totally or partially separated from such

employment, or

(B) has been totally separated from employment with the firm

in a subdivision of which such adversely affected employment

exists.

(3) Repealed. Pub. L. 97-35, title XXV, Sec. 2511(1), Aug. 13,

1981, 95 Stat. 888.

(4) The term ''average weekly wage'' means one-thirteenth of

the total wages paid to an individual in the high quarter. For

purposes of this computation, the high quarter shall be that

quarter in which the individual's total wages were highest among

the first 4 of the last 5 completed calendar quarters immediately

before the quarter in which occurs the week with respect to which

the computation is made. Such week shall be the week in which

total separation occurred, or, in cases where partial separation

is claimed, an appropriate week, as defined in regulations

prescribed by the Secretary.

(5) The term ''average weekly hours'' means the average hours

worked by the individual (excluding overtime) in the employment

from which he has been or claims to have been separated in the 52

weeks (excluding weeks during which the individual was sick or on

vacation) preceding the week specified in the last sentence of

paragraph (4).

(6) The term ''partial separation'' means, with respect to an

individual who has not been totally separated, that he has had -

(A) his hours of work reduced to 80 percent or less of his

average weekly hours in adversely affected employment, and

(B) his wages reduced to 80 percent or less of his average

weekly wage in such adversely affected employment.

(7) Repealed. Pub. L. 97-35, title XXV, Sec. 2511(1), Aug. 13,

1981, 95 Stat. 888.

(8) The term ''State'' includes the District of Columbia and

the Commonwealth of Puerto Rico; and the term ''United States''

when used in the geographical sense includes such Commonwealth.

(9) The term ''State agency'' means the agency of the State

which administers the State law.

(10) The term ''State law'' means the unemployment insurance

law of the State approved by the Secretary of Labor under section

3304 of title 26.

(11) The term ''total separation'' means the layoff or

severance of an individual from employment with a firm in which,

or in a subdivision of which, adversely affected employment

exists.

(12) The term ''unemployment insurance'' means the unemployment

compensation payable to an individual under any State law or

Federal unemployment compensation law, including chapter 85 of

title 5 and the Railroad Unemployment Insurance Act (45 U.S.C.

351 et seq.). The terms ''regular compensation'', ''additional

compensation'', and ''extended compensation'' have the same

respective meanings that are given them in section 205(2), (3),

and (4) of the Federal-State Extended Unemployment Compensation

Act of 1970 (26 U.S.C. 3304 note).

(13) The term ''week'' means a week as defined in the

applicable State law.

(14) The term ''week of unemployment'' means a week of total,

part-total, or partial unemployment as determined under the

applicable State law or Federal unemployment insurance law.

(15) The term ''benefit period'' means, with respect to an

individual -

(A) the benefit year and any ensuing period, as determined

under applicable State law, during which the individual is

eligible for regular compensation, additional compensation, or

extended compensation, or

(B) the equivalent to such a benefit year or ensuing period

provided for under the applicable Federal unemployment

insurance law.

(16) The term ''on-the-job training'' means training provided

by an employer to an individual who is employed by the employer.

(17)(A) The term ''job search program'' means a job search

workshop or job finding club.

(B) The term ''job search workshop'' means a short (1 to 3

days) seminar designed to provide participants with knowledge

that will enable the participants to find jobs. Subjects are not

limited to, but should include, labor market information, resume

writing, interviewing techniques, and techniques for finding job

openings.

(C) The term ''job finding club'' means a job search workshop

which includes a period (1 to 2 weeks) of structured, supervised

activity in which participants attempt to obtain jobs.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 247, Jan. 3, 1975, 88 Stat. 2028;

Pub. L. 97-35, title XXV, Sec. 2511, Aug. 13, 1981, 95 Stat. 888;

Pub. L. 99-272, title XIII, Sec. 13004(b), 13005(b), Apr. 7, 1986,

100 Stat. 303.)

-REFTEXT-

REFERENCES IN TEXT

The Railroad Unemployment Insurance Act, referred to in par.

(12), is act June 25, 1938, ch. 680, 52 Stat. 1094, as amended,

which is classified principally to chapter 11 (Sec. 351 et seq.) of

Title 45, Railroads. For complete classification of this Act to the

Code, see Tables.

-MISC2-

AMENDMENTS

1986 - Pars. (16), (17). Pub. L. 99-272 added pars. (16) and

(17).

1981 - Par. (3). Pub. L. 97-35, Sec. 2511(1), struck out par. (3)

defining ''average weekly manufacturing wage''.

Par. (7). Pub. L. 97-35, Sec. 2511(1), struck out par. (7)

defining ''remuneration''.

Par. (12). Pub. L. 97-35, Sec. 2511(2), revised par. (12)

generally, inserting definitions of ''regular compensation'',

''additional compensation'', and ''extended compensation''.

Par. (14). Pub. L. 97-35, Sec. 2511(3), substituted provisions

requiring determination under the applicable State law or Federal

unemployment insurance law for provisions requiring computation

applying percent of average weekly wage and time spent prior to

separation.

Par. (15). Pub. L. 97-35, Sec. 2511(4), added par. (15).

EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION PROVISIONS

Amendment by Pub. L. 97-35 applicable to allowances payable for

weeks of unemployment which begin after Sept. 30, 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, allowances, or other

payments or benefits may be provided under this part after Sept.

30, 2007, except as otherwise provided, see section 285 of Pub. L.

93-618, as amended, set out as a note preceding section 2271 of

this title.

-CITE-

19 USC Sec. 2320 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 2 - Adjustment Assistance for Workers

subpart c - general provisions

-HEAD-

Sec. 2320. Regulations

-STATUTE-

The Secretary shall prescribe such regulations as may be

necessary to carry out the provisions of this part.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 248, Jan. 3, 1975, 88 Stat. 2029.)

-MISC1-

TERMINATION DATE

No trade adjustment assistance, vouchers, allowances, or other

payments or benefits may be provided under this part after Sept.

30, 2007, except as otherwise provided, see section 285 of Pub. L.

93-618, as amended, set out as a note preceding section 2271 of

this title.

-CITE-

19 USC Sec. 2321 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 2 - Adjustment Assistance for Workers

subpart c - general provisions

-HEAD-

Sec. 2321. Subpena power

-STATUTE-

(a) Subpena by Secretary

The Secretary may require by subpena the attendance of witnesses

and the production of evidence necessary for him to make a

determination under the provisions of this part.

(b) Court order

If a person refuses to obey a subpena issued under subsection (a)

of this section, a United States district court within the

jurisdiction of which the relevant proceeding under this part is

conducted may, upon petition by the Secretary, issue an order

requiring compliance with such subpena.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 249, Jan. 3, 1975, 88 Stat. 2029.)

-MISC1-

TERMINATION DATE

No trade adjustment assistance, vouchers, allowances, or other

payments or benefits may be provided under this part after Sept.

30, 2007, except as otherwise provided, see section 285 of Pub. L.

93-618, as amended, set out as a note preceding section 2271 of

this title.

-CITE-

19 USC Sec. 2322 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 2 - Adjustment Assistance for Workers

subpart c - general provisions

-HEAD-

Sec. 2322. Repealed. Pub. L. 107-210, div. A, title I, Sec.

123(b)(2), Aug. 6, 2002, 116 Stat. 944

-MISC1-

Section, Pub. L. 93-618, title II, Sec. 249A, as added Pub. L.

103-182, title V, Sec. 503(c), Dec. 8, 1993, 107 Stat. 2151,

prohibited assistance relating to a separation pursuant to

certifications under both subparts A and D of this part.

PRIOR PROVISIONS

A prior section 2322, Pub. L. 93-618, title II, Sec. 250, Jan. 3,

1975, 88 Stat. 2029, provided for judicial review for workers or

groups aggrieved by a final determination by the Secretary under

section 2273 of this title, prior to repeal by Pub. L. 96-417,

title VI, Sec. 612, title VII, Sec. 701(a), Oct. 10, 1980, 94 Stat.

1746, 1747, effective Nov. 1, 1980, and applicable with respect to

civil actions pending on or commenced on or after such date. See

section 2395 of this title.

EFFECTIVE DATE OF REPEAL

Repeal applicable with respect to petitions filed under this part

on or after the date that is 90 days after Aug. 6, 2002, except

with respect to certain workers, see section 123(c) of Pub. L.

107-210, set out as a note under section 2331 of this title.

-CITE-

19 USC subpart d - nafta transitional adjustment

assistance program 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 2 - Adjustment Assistance for Workers

subpart d - nafta transitional adjustment assistance program

.

-HEAD-

subpart d - nafta transitional adjustment assistance program

-CITE-

19 USC Sec. 2331 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 2 - Adjustment Assistance for Workers

subpart d - nafta transitional adjustment assistance program

-HEAD-

Sec. 2331. Repealed. Pub. L. 107-210, div. A, title I, Sec.

123(a), Aug. 6, 2002, 116 Stat. 944

-MISC1-

Section, Pub. L. 93-618, title II, Sec. 250, as added Pub. L.

103-182, title V, Sec. 502, Dec. 8, 1993, 107 Stat. 2149; amended

Pub. L. 105-277, div. J, title I, Sec. 1012(b), Oct. 21, 1998, 112

Stat. 2681-901; Pub. L. 106-113, div. B, Sec. 1000(a)(5) (title

VII, Sec. 702(b)), Nov. 29, 1999, 113 Stat. 1536, 1501A-319,

established a NAFTA transitional adjustment assistance program.

PRIOR PROVISIONS

A prior section 250 of Pub. L. 93-618, title II, Jan. 3, 1975, 88

Stat. 2029, provided for judicial review for workers or groups

aggrieved by a final determination by the Secretary under section

2273 of this title, and was classified to section 2322 of this

title, prior to repeal by Pub. L. 96-417.

EFFECTIVE DATE OF REPEAL

Pub. L. 107-210, div. A, title I, Sec. 123(c), Aug. 6, 2002, 116

Stat. 944, provided that:

''(1) In general. - The amendments made by this section (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

enactment of this Act (Aug. 6, 2002).

''(2) Workers certified as eligible before effective 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 eligible 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 effect under

subsection (a), for any week for which the worker meets the

eligibility requirements of such chapter 2 as in effect on such

date.''

-CITE-

19 USC Part 3 - Adjustment Assistance for Firms 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 3 - Adjustment Assistance for Firms

.

-HEAD-

Part 3 - Adjustment Assistance for Firms

-MISC1-

TERMINATION DATE

No technical assistance to be provided under this part after

September 30, 2007, see section 285 of Pub. L. 93-618, as amended,

set out as a note preceding section 2271 of this title.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 1339, 2252, 2391, 2396, 2397

of this title.

-CITE-

19 USC Sec. 2341 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 3 - Adjustment Assistance for Firms

-HEAD-

Sec. 2341. Petitions and determinations

-STATUTE-

(a) Filing of petition; receipt of petition; initiation 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

''Secretary'') 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

received the petition and initiated an investigation.

(b) Public hearing

If the petitioner, or any other person, organization, or group

found by the Secretary to have a substantial interest in the

proceedings, submits not later than 10 days after the date of the

Secretary's publication under subsection (a) of this section a

request for a hearing, the Secretary shall provide for a public

hearing and afford such interested persons an opportunity to be

present, to produce evidence, and to be heard.

(c) Certification

(1) The Secretary shall certify a firm (including 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 totally 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 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

(C) increases of imports of articles like or directly

competitive with articles which are produced by such firm

contributed importantly to such total or partial separation, or

threat thereof, and to such decline in sales or production.

(2) For purposes of paragraph (1)(C) -

(A) The term ''contributed importantly'' means a cause which is

important but not necessarily more important than any other

cause.

(B)(i) Any firm which engages in exploration or drilling for

oil or natural gas shall be considered 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 natural gas.

(d) Allowable period for determination

A determination shall be made by the Secretary 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.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 251, Jan. 3, 1975, 88 Stat. 2030;

Pub. L. 99-272, title XIII, Sec. 13002(b), Apr. 7, 1986, 100 Stat.

300; Pub. L. 100-418, title I, Sec. 1421(a)(2), (b)(2), Aug. 23,

1988, 102 Stat. 1243, 1244.)

-MISC1-

AMENDMENTS

1988 - Subsec. (c). Pub. L. 100-418, Sec. 1421(a)(2), amended

subsec. (c) generally. Prior to amendment, subsec. (c) read as

follows: ''The Secretary shall certify a firm (including any

agricultural firm) as eligible to apply for adjustment assistance

under this part if he determines -

''(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 partially 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 directly

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, Sec. 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 amended, set out as an Effective Date note

under section 2397 of this title.

1986 - Subsecs. (a), (c). Pub. L. 99-272, Sec. 13002(b)(1),

inserted ''(including any agricultural firm)'' after ''firm''.

Subsec. (c)(2). Pub. L. 99-272, Sec. 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 absolutely, and'', and adding subpar. (B).

TERMINATION DATE

No technical assistance to be provided under this part after

Sept. 30, 2007, see section 285 of Pub. L. 93-618, as amended, set

out as a note preceding section 2271 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2342, 2343, 2345, 2346,

2355, 2395 of this title; title 28 sections 1581, 2631, 2636, 2640,

2643.

-CITE-

19 USC Sec. 2342 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 3 - Adjustment Assistance for Firms

-HEAD-

Sec. 2342. Approval of adjustment proposals

-STATUTE-

(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 consists of technical

assistance. The Secretary shall approve a firm's application for

adjustment assistance 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 interests 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.

(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 eligibility 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.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 252, Jan. 3, 1975, 88 Stat. 2030;

Pub. L. 99-272, title XIII, Sec. 13006(a)(1), (2), Apr. 7, 1986,

100 Stat. 304.)

-MISC1-

AMENDMENTS

1986 - Subsec. (b)(1). Pub. L. 99-272, Sec. 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 assistance, which may be furnished singly

or in combination. The Secretary shall approve a firm's

application for adjustment assistance only if he determines -