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Title 19 — Customs Duties

Part 3 · Chapter 12 — Trade Act of 1974

§ 2343. Technical assistance

Statutory text

(a)

Discretion of Secretary; types of assistance

The Secretary may provide a firm, on terms and conditions as the Secretary determines to be appropriate, with such technical assistance as in his judgment will carry out the purposes of this part with respect to the firm. The technical assistance furnished under this part may consist of one or more of the following:

(1)

Assistance to a firm in preparing its petition for certification of eligibility under section 2341 of this title.

(2)

Assistance to a certified firm in developing a proposal for its economic adjustment.

(3)

Assistance to a certified firm in the implementation of such a proposal.

(b)

Utilization of existing agencies, private individuals, etc., in furnishing assistance; grants to intermediary organizations

(1)

The Secretary shall furnish technical assistance under this part through existing agencies and through private individuals, firms, or institutions (including private consulting services), or by grants to intermediary organizations (including Trade Adjustment Assistance Centers).

(2)

In the case of assistance furnished through private individuals, firms, or institutions (including private consulting services), the Secretary may share the cost thereof (but not more than 75 percent of such cost for assistance described in paragraph (2) or (3) of subsection (a) may be borne by the United States).

(3)

The Secretary may make grants to intermediary organizations in order to defray up to 100 percent of administrative expenses incurred in providing such technical assistance to a firm.

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 § 253 · 88 Stat. 1978

    Enacted · 19 U.S.C. § 2343

    Pub. L. 93–618, title II, § 253, Jan. 3, 1975, 88 Stat. 2031

    Source evidence

    Code source credit
    Pub. L. 93–618, title II, § 253, Jan. 3, 1975, 88 Stat. 2031

    Enacted provision · exact public law section
    SEC. 253. TECHNICAL ASSISTANCE. (a) The technical assistance furnished under this chapter shall consist of— (1) assistance to the firm in developing a proposal for its economic adjustment. (2) assistance in the implementation of such a proposal, or (3) both. (b) The Secretary may provide to a firm certified under section 19 USC 2344. 251, on such terms and conditions as he determines to be appropriate, such technical assistance as in his judgment will carry out the purposes of this chapter with respect to such firm. (c) The Secretary shall furnish technical assistance under this chapter through existing agencies and through private individuals, firms, and institutions. In the case of assistance furnished through private individuals, firms, and institutions (including private consulting services), the Secretary may share the cost thereof (but not more than 75 percent of such cost may be borne by the United States).

  2. Pub. L. 97–35 title XXV § 2521 · 95 Stat. 357

    1. Amended · 19 U.S.C. § 2343(a)

      Pub. L. 97–35 amended subsec. (a) generally, incorporating provisions formerly contained in subsec. (b) and, in those provisions

    2. Substituted · 19 U.S.C. § 2343(a)

      Pub. L. 97–35 substituted discretionary language for non-discretionary language relating to the assistance furnished and allowed the giving of assistance to firms in the preparation of their petitions for certification of eligibility under section 2341 of this title

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–35 amended subsec. (a) generally, incorporating provisions formerly contained in subsec. (b) and, in those provisions, substituted discretionary language for non-discretionary language relating to the assistance furnished and allowed the giving of assistance to firms in the preparation of their petitions for certification of eligibility under section 2341 of this title.

    Enacted provision · exact public law section
    Sec. 2521. technical assistance Section 253 of the Trade Act of 1974 (19 U.S.C. 2343) is amended to read as follows: “SEC. 253. TECHNICAL ASSISTANCE. “(a) The Secretary may provide a firm, on terms and conditions as the Secretary determines to be appropriate, with such technical assistance as in his judgment will carry out the purposes of this chapter with respect to the firm. The technical assistance furnished under this chapter may consist of one or more of the following: “(1) Assistance to a firm in preparing its petition for certification 19 USC 2341. of eligibility under section 251 of this chapter. “(2) Assistance to a certified firm in developing a proposal for its economic adjustment. “(3) Assistance to a certified firm in the implementation of such a proposal. “(b) (1) The Secretary shall furnish technical assistance under this chapter through existing agencies and through private individuals, firms, or institutions (including private consulting services), or by grants to intermediary organizations (including Trade Adjustment Assistance Centers). “(2) In the case of assistance furnished through private individuals, firms, or institutions (including private consulting services), the Secretary may share the cost thereof (but not more than 75 percent of such cost may be borne by the United States). “(3) The Secretary may make grants to intermediary organizations in order to defray up to 100 percent of administrative expenses incurred in providing such technical assistance to a firm.”.

  3. Pub. L. 97–35 title XXV § 2521 · 95 Stat. 357

    1. Amended · 19 U.S.C. § 2343(b)

      Pub. L. 97–35 amended subsec. (b) generally, incorporating in pars. (1) and (2) provisions formerly contained in subsec. (c)

    2. Inserted · 19 U.S.C. § 2343(b)

      Pub. L. 97–35 inserted reference to grants to intermediary organizations (including Trade Adjustment Assistance Centers) in par. (1)

    3. Added · 19 U.S.C. § 2343(b)

      Pub. L. 97–35 added par. (3). Provisions formerly contained in subsec. (b) were transferred to subsec. (a)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 97–35 amended subsec. (b) generally, incorporating in pars. (1) and (2) provisions formerly contained in subsec. (c), inserted reference to grants to intermediary organizations (including Trade Adjustment Assistance Centers) in par. (1), and added par. (3). Provisions formerly contained in subsec. (b) were transferred to subsec. (a).

    Enacted provision · exact public law section
    Sec. 2521. technical assistance Section 253 of the Trade Act of 1974 (19 U.S.C. 2343) is amended to read as follows: “SEC. 253. TECHNICAL ASSISTANCE. “(a) The Secretary may provide a firm, on terms and conditions as the Secretary determines to be appropriate, with such technical assistance as in his judgment will carry out the purposes of this chapter with respect to the firm. The technical assistance furnished under this chapter may consist of one or more of the following: “(1) Assistance to a firm in preparing its petition for certification 19 USC 2341. of eligibility under section 251 of this chapter. “(2) Assistance to a certified firm in developing a proposal for its economic adjustment. “(3) Assistance to a certified firm in the implementation of such a proposal. “(b) (1) The Secretary shall furnish technical assistance under this chapter through existing agencies and through private individuals, firms, or institutions (including private consulting services), or by grants to intermediary organizations (including Trade Adjustment Assistance Centers). “(2) In the case of assistance furnished through private individuals, firms, or institutions (including private consulting services), the Secretary may share the cost thereof (but not more than 75 percent of such cost may be borne by the United States). “(3) The Secretary may make grants to intermediary organizations in order to defray up to 100 percent of administrative expenses incurred in providing such technical assistance to a firm.”.

  4. Pub. L. 97–35 title XXV § 2521 · 95 Stat. 357

    Struck · 19 U.S.C. § 2343(c)

    Pub. L. 97–35 struck out subsec. (c) and transferred the provisions to subsec. (b)(1) and (2)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 97–35 struck out subsec. (c) and transferred the provisions to subsec. (b)(1) and (2).

    Enacted provision · exact public law section
    Sec. 2521. technical assistance Section 253 of the Trade Act of 1974 (19 U.S.C. 2343) is amended to read as follows: “SEC. 253. TECHNICAL ASSISTANCE. “(a) The Secretary may provide a firm, on terms and conditions as the Secretary determines to be appropriate, with such technical assistance as in his judgment will carry out the purposes of this chapter with respect to the firm. The technical assistance furnished under this chapter may consist of one or more of the following: “(1) Assistance to a firm in preparing its petition for certification 19 USC 2341. of eligibility under section 251 of this chapter. “(2) Assistance to a certified firm in developing a proposal for its economic adjustment. “(3) Assistance to a certified firm in the implementation of such a proposal. “(b) (1) The Secretary shall furnish technical assistance under this chapter through existing agencies and through private individuals, firms, or institutions (including private consulting services), or by grants to intermediary organizations (including Trade Adjustment Assistance Centers). “(2) In the case of assistance furnished through private individuals, firms, or institutions (including private consulting services), the Secretary may share the cost thereof (but not more than 75 percent of such cost may be borne by the United States). “(3) The Secretary may make grants to intermediary organizations in order to defray up to 100 percent of administrative expenses incurred in providing such technical assistance to a firm.”.

  5. Trade Adjustment Assistance Reform and Extension Act of 1986

    Pub. L. 99–272 title XIII § 13006(a)(3) · 100 Stat. 82

    Substituted · 19 U.S.C. § 2343(b)(2)

    Pub. L. 99–272 substituted “such cost for assistance described in paragraph (2) or (3) of subsection (a)” for “such cost”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 99–272 substituted “such cost for assistance described in paragraph (2) or (3) of subsection (a)” for “such cost”.

    Enacted provision · exact public law section
    (3) Paragraph (2) of section 253(b) of the Trade Act of 1974 (19 U.S.C. 2343(b)(2)) is amended by striking out “such cost” and inserting in lieu thereof “such cost for assistance described in paragraph (2) or (3) of subsection (a)”.

  6. Trade and Globalization Adjustment Assistance Act of 2009

    Pub. L. 111–5 div. B title I § 1867(b) · 123 Stat. 115

    Substituted · 19 U.S.C. § 2343(a)(3)

    Pub. L. 111–5, §§ 1867(b), 1893, which directed the temporary substitution of “to a certified firm” for “of a certified firm”, could not be executed because “of a certified firm” did not appear. See Codification note above and Effective and Termination Dates of 2009 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 111–5, §§ 1867(b), 1893, which directed the temporary substitution of “to a certified firm” for “of a certified firm”, could not be executed because “of a certified firm” did not appear. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

    Enacted provision · exact public law section
    (b) Technical Assistance.— Section 253(a)(3) of the Trade Act of 1974 (19 U.S.C. 2343(a)(3)) is amended by striking “of a certified firm” and inserting “to a certified firm”.

    Effective date note
    Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 not applicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above.

  7. Trade Adjustment Assistance Extension Act of 2011

    Pub. L. 112–40 title II § 201(b) · 125 Stat. 403

    Changed · 19 U.S.C. § 2343

    Pub. L. 112–40, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 Amendment and Effective and Termination Dates of 2011 Revival notes below

    Source evidence

    Code amendment note
    Pub. L. 112–40, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on Feb. 12, 2011. See Codification note above and 2009 Amendment and Effective and Termination Dates of 2011 Revival notes below.

    Enacted provision · exact public law section
    (b) Applicability of Certain Provisions.— Except as otherwise provided in this subtitle, the provisions of chapters 2 through 6 of title II of the Trade Act of 1974, as in effect on February 12, 2011, and as amended by this subtitle, shall— (1) take effect on the date of the enactment of this Act; and (2) apply to petitions for certification filed under chapter 2, 3, or 6 of title II of the Trade Act of 1974 on or after such date of enactment.

    Effective date note
    Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period beginning on Feb. 17, 2009, see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title. Section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 not applicable on or after Feb. 13, 2011, and that this section be applied and administered beginning Feb. 13, 2011, as if amendment by Pub. L. 111–5 had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), Oct. 21, 2011, 125 Stat. 403, effective Oct. 21, 2011. See Codification note above.

  8. Trade Adjustment Assistance Reauthorization Act of 2015

    Pub. L. 114–27 title IV § 402(b) · 129 Stat. 362

    Changed · 19 U.S.C. § 2343

    Pub. L. 114–27, §§ 402(b), (c), 406, temporarily revived the provisions of this section, as in effect on Dec. 31, 2013. See Codification note above and 2011 Amendment and Effective and Termination Dates of 2015 Revival notes below

    Source evidence

    Code amendment note
    Pub. L. 114–27, §§ 402(b), (c), 406, temporarily revived the provisions of this section, as in effect on Dec. 31, 2013. See Codification note above and 2011 Amendment and Effective and Termination Dates of 2015 Revival notes below.

    Enacted provision · exact public law section
    (b) Applicability of Certain Provisions.— Except as otherwise provided in this title, the provisions of chapters 2 through 6 of title II of the Trade Act of 1974, as in effect on December 31, 2013, and as amended by this title, shall— (1) Effective date. take effect on the date of the enactment of this Act; and (2) apply to petitions for certification filed under chapter 2, 3, or 6 of title II of the Trade Act of 1974 on or after such date of enactment.

11 of 11 references resolved to an enrolled provision

Notes

Termination of Assistance

For termination of assistance under this part after , see Termination Date note below.

Editorial Notes

Codification

Section reflects the , reversion to provisions in effect on . See Effective and Termination Dates of 2015 Revival note below.

Section 233 of Pub. L. 112–40, which provided for the , revival of this section as in effect on , was repealed by Pub. L. 114–27, title IV, § 402(a), , 129 Stat. 374, and the provisions of this section, as in effect on , were temporarily revived, effective , until , by Pub. L. 114–27, §§ 402(b), (c), 406. See 2011 and 2015 Amendment notes, Effective and Termination Dates of 2011 Revival notes, and Effective and Termination Dates of 2015 Revival notes below.

Section 1893 of Pub. L. 111–5, which provided for , termination of amendment by Pub. L. 111–5, was repealed by Pub. L. 112–40, title II, § 201(a), , 125 Stat. 403, and the provisions of this section, as amended by Pub. L. 111–5 and as in effect on , were temporarily revived, effective , until , by Pub. L. 112–40, §§ 201(b), (c), 233. See 2009 and 2011 Amendment notes, Effective and Termination Dates of 2009 Amendment notes, and Effective and Termination Dates of 2011 Revival notes below.

Amendments1981–2015 · 5 rounds

2015

Pub. L. 114–27, §§ 402(b), (c), 406, temporarily revived the provisions of this section, as in effect on . See Codification note above and 2011 Amendment and Effective and Termination Dates of 2015 Revival notes below.

2011

Pub. L. 112–40, §§ 201(b), (c), 233, temporarily revived the provisions of this section, as in effect on . See Codification note above and 2009 Amendment and Effective and Termination Dates of 2011 Revival notes below.

2009

Subsec. (a)(3). Pub. L. 111–5, §§ 1867(b), 1893, which directed the temporary substitution of “to a certified firm” for “of a certified firm”, could not be executed because “of a certified firm” did not appear. See Codification note above and Effective and Termination Dates of 2009 Amendment note below.

1986

Subsec. (b)(2). Pub. L. 99–272 substituted “such cost for assistance described in paragraph (2) or (3) of subsection (a)” for “such cost”.

1981

Subsec. (a). Pub. L. 97–35 amended subsec. (a) generally, incorporating provisions formerly contained in subsec. (b) and, in those provisions, substituted discretionary language for non-discretionary language relating to the assistance furnished and allowed the giving of assistance to firms in the preparation of their petitions for certification of eligibility under section 2341 of this title.

Subsec. (b). Pub. L. 97–35 amended subsec. (b) generally, incorporating in pars. (1) and (2) provisions formerly contained in subsec. (c), inserted reference to grants to intermediary organizations (including Trade Adjustment Assistance Centers) in par. (1), and added par. (3). Provisions formerly contained in subsec. (b) were transferred to subsec. (a).

Subsec. (c). Pub. L. 97–35 struck out subsec. (c) and transferred the provisions to subsec. (b)(1) and (2).

Statutory Notes and Related Subsidiaries

Effective and Termination Dates of 2015 Revival

For revival and applicability, beginning on , of the provisions of this section as in effect on , see section 402(b), (c) of Pub. L. 114–27, set out as a note preceding section 2271 of this title.

For reversion, beginning on , to the provisions of this section as in effect on , with certain exceptions and subject to section 406(b) of Pub. L. 114–27, see section 406 of Pub. L. 114–27, set out as a note preceding section 2271 of this title.

Effective and Termination Dates of 2011 Revival

For revival and applicability, beginning on , of the provisions of this section as in effect on , see section 201(b), (c) of Pub. L. 112–40, set out as a note preceding section 2271 of this title.

Section 233 of Pub. L. 112–40, formerly set out as a note preceding section 2271 of this title, which provided for the reversion, beginning on , of the provisions of this section to those in effect on , subject to certain exceptions, was repealed by Pub. L. 114–27, title IV, § 402(a), , 129 Stat. 374, effective . See Codification note above.

Effective and Termination Dates of 2009 Amendment

Except as otherwise provided and subject to certain applicability provisions, amendment by Pub. L. 111–5 effective upon the expiration of the 90-day period beginning on , see section 1891 of Pub. L. 111–5, set out as a note under section 2271 of this title.

Section 1893 of Pub. L. 111–5, formerly set out as a Termination Date of 2009 Amendment note preceding section 2271 of this title, which provided that, except as otherwise provided, amendment by Pub. L. 111–5 not applicable on or after , and that this section be applied and administered beginning , as if amendment by Pub. L. 111–5 had never been enacted, was repealed by Pub. L. 112–40, title II, § 201(a), , 125 Stat. 403, effective . See Codification note above.

Effective Date of 1981 Amendment

Pub. L. 97–35, title XXV, § 2529, , 95 Stat. 893, provided that:

“(a)

Subject to subsection (b), the amendments made by this subtitle [subtitle B (§§ 2521–2529) of title XXV of Pub. L. 97–35, enacting section 2355 of this title, amending this section and sections 2344 to 2347 of this title, and repealing section 2353 of this title] shall take effect on the date of the enactment of this Act [].

“(b)

Applications for adjustment assistance under chapter 3 of title II of the Trade Act of 1974 [this part] which the Secretary of Commerce accepted for processing before the date of the enactment of this Act [] shall continue to be processed in accordance with the requirements of such chapter as in effect before such date of enactment.”

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

1975–2015 · 6 acts
  1. 1975Pub. L. 93–618, title II, § 253, , 88 Stat. 2031
  2. 1981Pub. L. 97–35, title XXV, § 2521, , 95 Stat. 890
  3. 1986Pub. L. 99–272, title XIII, § 13006(a)(3), , 100 Stat. 304
  4. 2009Pub. L. 111–5, div. B, title I, § 1867(b), , 123 Stat. 400
  5. 2011Pub. L. 112–40, title II, § 201(b), (c), , 125 Stat. 403
  6. 2015Pub. L. 114–27, title IV, § 402(b), (c), , 129 Stat. 374.
Show as published

(Pub. L. 93–618, title II, § 253, , 88 Stat. 2031; Pub. L. 97–35, title XXV, § 2521, , 95 Stat. 890; Pub. L. 99–272, title XIII, § 13006(a)(3), , 100 Stat. 304; Pub. L. 111–5, div. B, title I, § 1867(b), , 123 Stat. 400; Pub. L. 112–40, title II, § 201(b), (c), , 125 Stat. 403; Pub. L. 114–27, title IV, § 402(b), (c), , 129 Stat. 374.)

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USLM identifier /us/usc/t19/s2343