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Title 19 — Customs Duties

Part 3 · Chapter 12 — Trade Act of 1974

§ 2342. Approval of adjustment proposals

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Trade Act of 1974

    Pub. L. 93–618 title II § 252 · 88 Stat. 1978

    Enacted · 19 U.S.C. § 2342

    Pub. L. 93–618, title II, § 252, Jan. 3, 1975, 88 Stat. 2030

    Source evidence

    Code source credit
    Pub. L. 93–618, title II, § 252, Jan. 3, 1975, 88 Stat. 2030

    Enacted provision · exact public law section
    Filing of application.SEC. 252. APPROVAL OF ADJUSTMENT PROPOSALS. Approval conditions.(a) A firm certified under section 251 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 chapter. Such application shall include a proposal for the economic adjustment of such firm. (b) (1) Adjustment assistance under this chapter consists of technical assistance and financial assistance, which may be furnished singly Technical assistance. or in combination. The Secretary shall approve a firm’s application for adjustment assistance only if he determines— (A) that the firm has no reasonable access to financing through the private capital market, and (B) that the firm’s adjustment proposal— (i) is reasonably calculated materially to contribute to the economic adjustment of the firm, (ii) gives adequate consideration to the interests of the workers of such firm, and (iii) demonstrates that the firm will make all reasonable efforts to use its own resources for 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) In order to assist a firm which has been certified as eligible Termination; publication in Federal Register. to apply for adjustment assistance under this chapter in preparing a viable adjustment proposal, the Secretary may furnish technical assistance to such firm. (d) Whenever the Secretary determines that any firm no longer 19 USC 2343. requires assistance under this chapter, 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.

  2. Trade Adjustment Assistance Reform and Extension Act of 1986

    Pub. L. 99–272 § 13006(a)(1) · 100 Stat. 82

    Amended · 19 U.S.C. § 2342(b)(1)

    Pub. L. 99–272, § 13006(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Adjustment assistance under this part consists of technical assistance and financial assistance, which may be furnished singly or in combination. The Secretary shall approve a firm’s application for adjustment assistance only if he determines—

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 99–272, § 13006(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Adjustment assistance under this part consists of technical assistance and financial assistance, which may be furnished singly or in combination. The Secretary shall approve a firm’s application for adjustment assistance only if he determines—

    “(A) that the firm has no reasonable access to financing through the private capital market, and “(B) that the firm’s adjustment proposal— “(i) is reasonably calculated materially to contribute to the economic adjustment of the firm, “(ii) gives adequate consideration to the interests of the workers of such firm, and “(iii) demonstrates that the firm will make all reasonable efforts to use its own resources for economic development.”

    Enacted provision · exact public law section
    (1) Paragraph (1) of section 252(b) of the Trade Act of 1974 (19 U.S.C. 2342(b)(1)) is amended to read as follows: “(1) Adjustment assistance under this chapter 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.”.

  3. Trade Adjustment Assistance Reform and Extension Act of 1986

    Pub. L. 99–272 § 13006(a)(2) · 100 Stat. 82

    1. Redesignated · 19 U.S.C. § 2342(c); 19 U.S.C. § 2342(d)

      Pub. L. 99–272, § 13006(a)(2), redesignated subsec. (d) as (c)

    2. Struck · 19 U.S.C. § 2342(c); 19 U.S.C. § 2342(d)

      Pub. L. 99–272, § 13006(a)(2), struck out former subsec. (c) which authorized the Secretary to assist an eligible firm in the preparation of a viable adjustment proposal

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 99–272, § 13006(a)(2), redesignated subsec. (d) as (c) and struck out former subsec. (c) which authorized the Secretary to assist an eligible firm in the preparation of a viable adjustment proposal.

    Enacted provision · exact public law section
    (2) Section 252 of the Trade Act of 1974 (19 U.S.C. 2342) is amended by striking out subsection (c) and redesignating subsection (d) as subsection (c).

4 of 4 references resolved to an enrolled provision

Editorial Notes

Amendments

1986—Subsec. (b)(1). Pub. L. 99–272, § 13006(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Adjustment assistance under this part consists of technical assistance and financial assistance, which may be furnished singly or in combination. The Secretary shall approve a firm’s application for adjustment assistance only if he determines—

“(A) that the firm has no reasonable access to financing through the private capital market, and

“(B) that the firm’s adjustment proposal—

“(i) is reasonably calculated materially to contribute to the economic adjustment of the firm,

“(ii) gives adequate consideration to the interests of the workers of such firm, and

“(iii) demonstrates that the firm will make all reasonable efforts to use its own resources for economic development.”

Subsecs. (c), (d). Pub. L. 99–272, § 13006(a)(2), redesignated subsec. (d) as (c) and struck out former subsec. (c) which authorized the Secretary to assist an eligible firm in the preparation of a viable adjustment proposal.

Statutory Notes and Related Subsidiaries

Termination Date

Except as otherwise provided, technical assistance and grants may not be provided under this part after , see section 285 of Pub. L. 93–618, as modified by section 406(a)(7) of Pub. L. 114–27, set out as notes preceding section 2271 of this title.

Credits

1975–1986 · 2 acts
  1. 1975Pub. L. 93–618, title II, § 252, , 88 Stat. 2030
  2. 1986Pub. L. 99–272, title XIII, § 13006(a)(1), (2), , 100 Stat. 304.
Show as published

(Pub. L. 93–618, title II, § 252, , 88 Stat. 2030; Pub. L. 99–272, title XIII, § 13006(a)(1), (2), , 100 Stat. 304.)

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